ROLLING (ASSURED) TENANCIES REPLACE ASTs

Since the introduction of the Housing Act 1988, the Assured Shorthold Tenancy (AST) has been the default tenancy agreement in England and Wales. Originally designed to stimulate the private rented sector, ASTs allowed landlords to offer fixed-term tenancies (often 6 or 12 months) with the ability to regain possession relatively easily through Section 21 notices. Over time, however, this flexibility for landlords has come under scrutiny due to concerns over tenant insecurity, unpredictable tenancy lengths, and the perceived misuse of “no-fault” evictions.

The new reforms will phase out fixed-term ASTs entirely. Instead, all new tenancies will automatically begin as periodic Assured Tenancies, rolling from month to month with no predetermined end date. This change significantly shifts the legal foundation of private renting. From day one, tenants will enjoy greater security and stability, with the law offering stronger protection against arbitrary or premature eviction.

For landlords, this means losing the certainty of a fixed-term exit strategy. You’ll no longer be able to regain possession simply by waiting for a 6- or 12-month term to expire and issuing a Section 21 notice. Instead, possession will only be possible through valid Section 8 grounds (e.g. serious rent arrears or property sale), which require justification and specific notice periods.

This shift demands a more strategic approach to lettings. Without the backstop of a fixed term, tenant vetting becomes even more critical. Property marketing, tenancy onboarding, and ongoing management will all need to focus on long-term suitability and sustained relationships rather than short-term occupation.

All existing AST templates and lettings documents will need to be updated to reflect the new structure. This includes tenancy agreements, renewal processes, and legal notices. Property managers will also need to take a more active role in monitoring compliance, tracking tenancy milestones, and staying prepared for changes in tenant circumstances.

While these changes may reduce some of the landlord's flexibility, they also offer an opportunity to build longer-term, more stable tenancies—minimising voids, turnover costs, and disputes over renewals. I offer support to ensure your documents, systems, and processes are fully aligned with the new legal framework.

In Summary:

• You’ll no longer be able to issue no-fault Section 21 notices.
• All evictions must be done under Section 8, using specific legal grounds.
• Acceptable grounds include rent arrears, anti-social behaviour, or selling the property.
• Each ground comes with strict notice periods and documentation requirements.
• Procedural mistakes can cause court delays or outright dismissal.
• Evictions will be heavily scrutinised, so legal compliance is critical.
• I can guide you through the new eviction protocols and help protect your interests.