Can I still use a fixed-term tenancy in England?
No. Under the Renters' Rights Act 2025, new private tenancies in England are periodic from the start; tenants can end them on two months' notice.
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Residential tenancy and lodger agreement (England and Wales)
A residential tenancy agreement lets a home to a tenant; a lodger agreement (licence to occupy) lets a room to someone who shares the owner's home. The rules are now very different in each part of Britain: assured periodic tenancies in England, occupation contracts in Wales and Private Residential Tenancies in Scotland.
When you need one
Use a tenancy agreement when letting a whole home you do not live in, and a lodger agreement when someone rents a room in the home you live in.
What it should contain
Parties and property
Who the landlord and tenant are and exactly what is let.
Rent
Amount, frequency and how increases work under the statutory procedure.
Deposit
Amount, and protection in an approved scheme.
Repairs
The landlord's statutory repairing duties and the tenant's obligations.
Pets and alterations
What is allowed, subject to the tenant's statutory rights.
Ending the agreement
The statutory notice rules — these cannot be contracted out of.
Points specific to England and Wales
- England: from 1 May 2026 the Renters' Rights Act 2025 makes new private tenancies open-ended assured periodic tenancies, abolishes section 21 no-fault evictions and gives tenants a right to request a pet. Deposits are capped at five weeks' rent (six if annual rent is £50,000 or more) and must be protected within 30 days.
- Wales: lettings are occupation contracts under the Renting Homes (Wales) Act 2016, which require a written statement in the prescribed form. There is no statutory cap on security deposits in Wales, but they must be protected.
Different rules can apply elsewhere in the UK: see the Scotland version of this guide.
Common mistakes
- Using an old assured shorthold tenancy template in England after the Renters' Rights Act changes.
- Not protecting the deposit within the time limit.
- Treating a whole-home let as a lodger arrangement to avoid tenant protections.
Quick answers
Does a lodger have the same rights as a tenant?
No. A lodger who shares the owner's home is usually a licensee, can be asked to leave on reasonable notice and does not need a court or tribunal order to be evicted.
Draft your residential tenancy and lodger agreement now
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Start drafting — freeBrowse all guidesReviewed 2026-09-24. General legal information about the law of England and Wales, not legal advice.