Understanding Assured Periodic Tenancies (APT): The New Standard

The Renters' Rights Act 2025 abolished fixed-term Assured Shorthold Tenancies (ASTs) in England. From 1 May 2026, every new residential tenancy is an Assured Periodic Tenancy (APT). If you are still using an AST agreement template, it is out of date and potentially unenforceable. Here is everything you need to know.

What Changed on 1 May 2026?

The Renters' Rights Act removed the concept of a fixed-term tenancy for the private rented sector. There is no longer a 6-month or 12-month initial period. Every tenancy now runs on a rolling periodic basis from day one — typically month-to-month if rent is paid monthly.

All existing fixed-term ASTs that were still running on 1 May 2026 automatically converted to Assured Periodic Tenancies on that date. No paperwork was required, but landlords should ensure their records and any future correspondence reflect the new tenancy type.

What is an Assured Periodic Tenancy?

An APT is a rolling tenancy with no fixed end date. It continues indefinitely until either:

- The tenant gives valid notice to leave (minimum two months), or

- The landlord obtains a court order for possession using one of the statutory grounds under Section 8 of the Housing Act 1988 (as amended)

There is no longer any equivalent of Section 21 'no-fault' eviction. Landlords must rely on Section 8 grounds for all possession claims.

Key Features of an APT

- No fixed end date — the tenancy rolls on automatically each rental period

- Tenant can leave with two months' written notice at any time

- Landlord can only seek possession via Section 8 and a court order

- Rent can only be increased once per year using the Section 13 procedure

- All standard tenancy obligations (repairs, deposit protection, prescribed information) still apply

Your Obligations as a Landlord

Your core obligations remain the same as under an AST:

- Protect the deposit in a government-approved scheme within 30 days and serve the prescribed information

- Provide a valid Gas Safety Certificate before the tenancy starts and annually thereafter

- Provide an up-to-date Energy Performance Certificate (EPC) rated E or above

- Provide the current version of the How to Rent guide

- Carry out Right to Rent checks on all adult occupants

- Maintain the property in good repair under the Landlord and Tenant Act 1985

- Comply with the Homes (Fitness for Human Habitation) Act 2018

Rent Increases Under an APT

You can only increase rent once every 12 months, and only by serving a valid Section 13 notice. The notice must:

- Be on the prescribed form (Form 4)

- Give at least two months' notice before the increase takes effect

- Propose a market rent — not an above-market increase

Tenants can challenge a proposed increase at the First-tier Tribunal (Property Chamber) if they believe it exceeds the market rate.

How to Regain Possession

Without Section 21, all possession claims must be made under Section 8 using one of the statutory grounds. The most commonly used grounds are:

- Ground 8 — Mandatory: tenant owes at least two months' rent at the time of the notice and at the hearing

- Ground 10 — Discretionary: some rent arrears (less than two months)

- Ground 11 — Discretionary: persistent late payment of rent

- Ground 1 — Mandatory: landlord or close family member intends to move in (requires two months' notice and cannot be used in the first 12 months of the tenancy)

- Ground 6 — Mandatory: landlord intends to redevelop the property

For most grounds, you must serve a Section 8 notice, wait for the notice period to expire, then apply to the court if the tenant has not vacated.

Using the Right Tenancy Agreement

Your tenancy agreement must now be drafted as an Assured Periodic Tenancy. It should not contain:

- A fixed end date or break clause tied to a fixed term

- Any reference to Section 21 or 'no-fault' possession

- Clauses that attempt to restrict the tenant's right to give two months' notice

A compliant APT agreement is available in the Documents section of your membership. It has been drafted to reflect the Renters' Rights Act and includes all required prescribed terms.

What About Student Lets?

Student lets are no longer exempt from the APT regime. Fixed-term tenancies for students are abolished in the same way as all other residential tenancies. Students can give two months' notice to leave at any time, which means landlords of student properties need to plan their re-letting strategy accordingly.

Practical Steps for Landlords

1. Stop using any AST agreement template immediately — replace it with a compliant APT agreement

2. Check that all tenancies that converted on 1 May 2026 are correctly recorded in your records as APTs

3. Remove any Section 21 notices from your standard process — they have no legal effect

4. Familiarise yourself with the Section 8 grounds and the notice periods for each

5. Review your rent review process — ensure you are using Form 4 and giving the correct notice period

6. If you use a letting agent, confirm they are issuing compliant APT agreements