Creating your tenancy agreement

The NRLA has produced a number of Assured Periodic Tenancy Agreements for use in creating tenancies on or after 1st May 2026. 

They include the legally mandated terms and information required under the Renters' Rights Act. 

The Renters' Rights Act is in force from 1st May 2026. This is the biggest change to the private rented sector in over 30 years, changing everything from the type of tenancy agreements you offer to the way you end a tenancy. 

Find all the documents you need to start a tenancy from 1st May 2026, in our Landlord Starter Pack. 

As a landlord, you have a number of legal duties to follow, including the service of key documents. Collecting evidence you have met these duties  helps show your tenants you are a responsible landlord but also protects you if someone later claims you have not provided any key documents. 

The NRLA compliance checklist helps gather this evidence. It is designed for use when you are agreeing an Assured Periodic Tenancy on or after 1st May 2026. 

If you would like to add additional clauses to any of your agreements, the best way to do this is via an addendum to the tenancy agreement. This document allows you to write your own clauses to supplement the ones in the NRLA agreement as well as providing some example clauses if you wish to add rent review clauses, have a HMO licence, and a number of other resources.

Preparing an inventory/schedule of condition is one of the best ways that you can protect yourself as a responsible landlord. By creating an accurate record of the condition of the property at the outset of the tenancy, you can show any deterioration at the end of the tenancy, and evidence damage to the deposit scheme if there is a dispute.

This page provides resources on performing an inventory and things to consider if you are using it to claim deductions from a deposit.

Want to perform the inventory check yourself? Download our inventory template.

Generally, if an adult lives in a property that you let out, they will be a tenant with rights and responsibilities under the tenancy agreement. 

However, occasionally you will want to grant permission for someone to come and live in the property with your tenant, without making them a tenant. These are known as permitted occupiers. 

If you are letting out a HMO then you will have to decide whether you want to let out the property on a joint and several tenancy or on a per room basis.

This guide explains the key differences between the two types of AST agreements to help you decide which option is right for you and your tenants.

Genuine licences are rare in private renting but where you have one, then you need to know which legislation does and does not apply to you. Licences generally have less rules to follow but it is risky to try and set up one as it may be considered a tenancy instead. 

Woodstock Solicitors provide guidance here on identifying whether your agreement is a licence or a tenancy.

Sometimes your tenant may ask for your permission to sublet. This guide covers how a sublet works and the potential pitfalls for landlords. 

If you have created a tenancy agreement in England since 15 January 1989 it is likely to be either an assured or assured shorthold tenancy if:

• The rent is between £250 and £100,000 per annum
• The tenants are people rather than an organisation such as a company or a charity
• The property will be the tenant's main home
• The landlord does not live in the same property as the tenant

If it meets these conditions and you have not specifically stated that it will create an assured tenancy, then you will create an assured shorthold tenancy.

If your tenancy will not meet the above conditions then you are likely to have a non-assured tenancy. If you share living space with your tenants then this is likely to be an 'excluded' agreement with a lodger.

Prior to the introduction of assured and assured shorthold tenancies in 1989, regulated tenancies were the default type of tenancy in England and Wales. It is generally not possible to create new regulated tenants but these tenancies do still exist.

Our guide to regulated tenancies covers some of the differences between regulated and assured tenancies.

If you live in the same building as your tenants but you do not share living space then usually you will not have an assured or assured shorthold tenancy agreement. Instead, you will have a non-assured agreement.

If you live in the same purpose-built block of flats as your tenants you should download an assured periodic tenancy agreement instead.

Need to add clauses to the agreement? Download our Addendum document.

In some cases, your tenant may not intend to use the property as their main home. For example, using it as a temporary base for work while their family lives elsewhere. In these cases you will have a non-assured agreement. 

If your tenant will use the property as their main home, this document is not suitable and you must use the assured periodic tenancy instead.

Need to add clauses to the agreement? Download our Addendum document.

If your tenants pay more than £100,000 per annum then you cannot have an assured or assured shorthold tenancy agreement. Instead you will have a non-assured tenancy agreement. This agreement includes additional protections to ensure that the value of the property you rent is not diminished during the tenant's stay in the property.

Need to add clauses to the agreement? Download our Addendum document.

Typically these agreements are used where your agreement is with a company so that they can allow one of their employees to live in the property.

Need to add clauses to the agreement? Download our Addendum document.

Similarly if you are renting out to a charitable organisation this must be a non-assured tenancy agreement and the same rules as letting to a company apply.

Need to add clauses to the agreement? Download our Addendum document.

Most tenancies in the private rented sector have to abide by the Protection from Eviction Act 1977. This means that you must provide adequate notice to end the tenancy and you must have a court order to repossess the property if they do not leave at the end of the notice.

However, certain types of agreement are known as 'excluded tenancies' because they are excluded from these protections. The most common of these is an agreement with a lodger.

Successful property management begins with good documentation and you will want to give your new tenants as much information as possible to start your renting relationship off on the right foot.

The Tenant's Welcome Letter is an informal introduction to your tenant and lays down the foundation for a great landlord/tenant relationship.