Tenancy Agreements in Detail — Renters’ Rights Threats
✓ PIMS Renters’ Rights Compliant
The Renters’ Rights Act 2025 changes the legal landscape for assured tenancies in England. The main threat is not just that old AST wording becomes outdated — it is that landlords may use the wrong agreement type entirely and assume they have protection they no longer have.
The key question: what type of agreement are you granting?
From 1 May 2026, most private residential lettings that fall within the assured tenancy regime will become assured periodic tenancies. Existing assured shorthold tenancies will automatically become assured periodic tenancies, and new assured tenancies will no longer be capable of having a fixed term or set end date.
This means landlords must be careful not to rely on old agreement names, old fixed-term wording, old Section 21 assumptions or old letting habits.
PIMS warning — wrong agreement, wrong outcome
The biggest risk is misclassification. If a landlord calls an agreement a licence, company let, lodger agreement, holiday let or common law tenancy, but the facts show it is really an assured tenancy, the label will not save the landlord.
Courts and tribunals look at the reality of the arrangement, not just the title on the document. If the agreement is wrongly classified, possession, rent increase, deposit, fee, licensing and enforcement consequences may follow.
1. Assured Periodic Tenancy
This is the main post-Renters’ Rights structure for private residential lettings in England where the Housing Act assured tenancy regime applies.
What changes?
- No old fixed-term AST protection.
- No Section 21 reliance.
- Rent increases must follow the permitted statutory process.
- The agreement must be periodic and compliant from the start.
2. Lodgers and Excluded Occupiers
A true lodger normally lives in the landlord’s own home and shares living accommodation with the landlord. This is usually not an assured tenancy.
Where the risk arises
- The landlord does not genuinely live there.
- The occupier has exclusive possession of self-contained accommodation.
- The document says “licence” but the facts look like a tenancy.
- The arrangement changes over time and is not reviewed.
PIMS warning
Do not use a lodger agreement simply because it looks easier to end. If the facts do not support lodger status, the landlord may lose the benefit of the intended agreement.
→ Lodger Guidance
3. Company Lets
A genuine company let is usually outside the assured tenancy regime because the tenant is a company rather than an individual occupying as their only or principal home.
Where the risk arises
- The company is a sham or is used only to avoid residential tenancy rules.
- The occupier deals with the landlord as if they are the tenant.
- The arrangement is really a residential letting to an individual.
- The company fails and there is no meaningful guarantor or security.
PIMS warning
Company lets can be useful, but they need proper drafting and checks. If the company is weak, dissolved, fictitious or merely a device, the landlord may have very little practical protection.
→ Company Let Guidance
4. Holiday Lets and Short-Term Use
Holiday lets may fall outside the assured tenancy regime where the occupation is genuinely for holiday or short-term temporary use.
Where the risk arises
- The property becomes the occupier’s real home.
- The booking rolls on repeatedly.
- The landlord uses “holiday let” wording for an ordinary residential letting.
- The occupier receives post, registers services, or settles into long-term occupation.
PIMS warning
A holiday label is not enough. If the factual occupation becomes residential, the landlord may face a very different legal position from the one expected.
5. Licences to Occupy
A licence gives permission to occupy but does not always create a tenancy. However, calling an agreement a licence does not decide the issue.
Where the risk arises
- The occupier has exclusive possession.
- There is rent and a defined residential occupation.
- The landlord has no genuine continuing control or services.
- The licence is used to avoid tenancy rights.
PIMS warning
If the occupier has exclusive possession and the arrangement looks like a tenancy, the agreement may be treated as a tenancy despite the licence wording.
→ Licences vs Tenancies
6. Student Lettings
Student lettings are a high-risk transition area because many were historically granted on fixed terms aligned to the academic year.
Where the risk arises
- Landlords assume academic-year fixed terms still work as before.
- House shares are let using old joint fixed-term AST wording.
- Guarantor documents do not match the new tenancy structure.
- Landlords fail to plan for turnover, abandonment or replacement occupiers.
PIMS warning
Student landlords should review agreements, guarantor deeds and operational processes before relying on old academic-year wording.
Other agreement types landlords should understand
Occupier with Basic Protection
Some occupiers are not assured tenants but still have statutory protection. The landlord should not assume they can simply be removed without following the correct route.
→ Occupier with Basic Protection
Long Tenancies or Leases
Longer agreements and leases can create a very different legal framework. The wrong document may give the occupier stronger rights than the landlord intended.
→ Long Tenancies or Leases
Main threats across other agreement types
1. The name of the agreement is not conclusive
Calling something a licence, company let, holiday let or lodger agreement does not make it one. The facts must support the label.
2. Exclusive possession is a danger signal
If the occupier has exclusive possession of residential accommodation, especially as their home, the landlord must consider whether the arrangement is really a tenancy.
3. Renters’ Rights cannot be avoided by wording alone
Landlords should not use alternative agreement types simply to avoid the Renters’ Rights framework. If the underlying facts fall within the assured tenancy regime, the document may be attacked.
4. The wrong document can create expensive consequences
A wrong agreement can affect possession, rent recovery, deposit protection, licensing, guarantor enforceability, tenant fees, council enforcement and tribunal claims.
Not sure which agreement type applies?
If the property is an ordinary residential letting in England, use the PIMS Tenancy Wizard. For lodgers, company lets, holiday lets, licences or complex arrangements, check the facts carefully before issuing documents.
PIMS final rule:
Do not choose an agreement by name. Choose it by the facts. If the occupation is really an assured residential tenancy, the Renters’ Rights framework applies — and old wording or clever labels will not protect the landlord.