Is every private rental in England an AST?

Most are, but not all. Tenancies with annual rent above £100,000, company lets, and arrangements where the landlord lives in the property and shares facilities are not ASTs. If your tenancy is not an AST, the Housing Act 2004 deposit protection rules may not apply — though the deposit is still a civil debt the landlord must return if the conditions are met.

Does my landlord have to give me a written AST?

No — an AST can be oral. However, without a written agreement, disputes about terms (including deposit deductions) become harder to resolve. The Deregulation Act 2015 requires landlords to provide certain documents (EPC, gas safety certificate, How to Rent guide) before serving a s.21 notice, regardless of whether the AST is written.

What happens to my deposit when the fixed term ends?

The deposit protection obligation continues automatically into the statutory periodic tenancy. The landlord does not need to re-protect the deposit or re-serve Prescribed Information when the fixed term expires — provided the original protection was valid. If the landlord takes a new deposit for the periodic tenancy, the 30-day clock restarts.

Assured Shorthold Tenancy (AST)

By GetRighted Legal Research TeamLast updated July 2026

Summary

England's private rented sector runs almost entirely on one contract: the Assured Shorthold Tenancy. Introduced by the Housing Act 1988 and made the default tenancy form by the Housing Act 1996, an AST gives a residential tenant the right to occupy a private dwelling at a market rent, with the landlord retaining the right to recover possession after the fixed term. Because most residential deposits are held under an AST, the Housing Act 2004's deposit protection rules — including the 30-day protection deadline and Prescribed Information requirements — apply almost universally to AST tenancies. Knowing whether your tenancy is an AST determines which statutory rights apply to you.

What makes a tenancy an AST

A tenancy is an AST if it satisfies three conditions under the Housing Act 1988 as amended: the tenant is an individual; the property is their only or principal home; and the annual rent is between £250 and £100,000 (raised from £25,000 by the Localism Act 2011). The vast majority of private residential lets in England and Wales meet all three conditions automatically. Exceptions include company lets, properties with annual rent above £100,000, and tenancies where the landlord also lives in the building as their only home (a lodger relationship). If the tenancy is not an AST, the Housing Act 2004 deposit protection rules may not apply.

How the AST governs your deposit

Section 213 of the Housing Act 2004 requires landlords to protect any deposit received under an AST in an authorised scheme within 30 days of receipt, and to serve Prescribed Information on the tenant within the same period. These obligations apply only where the tenancy is an AST. If your landlord fails to meet either requirement, you can apply to the county court under s.214 for the return of the deposit plus a penalty of one to three times the deposit amount. The court can also prevent the landlord from using a s.21 notice to end the tenancy until the deposit is protected and Prescribed Information served.

Section 21 and the deposit link

A landlord cannot serve a valid Section 21 notice to end an AST unless the deposit has been protected in an authorised scheme and the Prescribed Information has been served correctly. The Deregulation Act 2015 tightened this further — if the deposit was taken before 6 April 2007, the landlord must have protected it and served Prescribed Information before serving a s.21. An unprotected deposit or missing Prescribed Information gives the tenant a complete defence to possession proceedings.

Verify your tenancy type

✓Check the tenancy agreement — it should state the tenancy type. Most residential lets since 1997 are ASTs by default.
✓Confirm annual rent: below £250 (pre-2010 grants) or above £100,000 means the Housing Act 1988 AST rules may not apply.
✓If the landlord lives in the property as their only home and shares facilities, you may be a licensee, not an AST tenant.
✓Company lets are not ASTs — s.213 deposit protection does not apply.
✓If unsure, check whether your deposit was protected in DPS, TDS, or MyDeposits — this is the clearest indicator of an AST.

Fixed term vs periodic AST

An AST can be fixed term (e.g. 12 months) or periodic (rolling month-by-month or week-by-week). At the end of a fixed term, if neither party ends the tenancy, it automatically becomes a statutory periodic tenancy on the same terms. Deposit protection obligations continue through both phases. The Renters' Rights Bill (if enacted) will abolish fixed-term ASTs and convert all ASTs to periodic tenancies, removing the s.21 'no-fault' eviction route entirely.

Sources

Housing Act 1988, s.19A and Schedule 2A
Housing Act 1996, s.96
Housing Act 2004, s.213–s.215
Deregulation Act 2015, ss.33–41

Frequently Asked Questions

Is every private rental in England an AST?: Most are, but not all. Tenancies with annual rent above £100,000, company lets, and arrangements where the landlord lives in the property and shares facilities are not ASTs. If your tenancy is not an AST, the Housing Act 2004 deposit protection rules may not apply — though the deposit is still a civil debt the landlord must return if the conditions are met.
Does my landlord have to give me a written AST?: No — an AST can be oral. However, without a written agreement, disputes about terms (including deposit deductions) become harder to resolve. The Deregulation Act 2015 requires landlords to provide certain documents (EPC, gas safety certificate, How to Rent guide) before serving a s.21 notice, regardless of whether the AST is written.
What happens to my deposit when the fixed term ends?: The deposit protection obligation continues automatically into the statutory periodic tenancy. The landlord does not need to re-protect the deposit or re-serve Prescribed Information when the fixed term expires — provided the original protection was valid. If the landlord takes a new deposit for the periodic tenancy, the 30-day clock restarts.

housing-act-2004-s-213
housing-act-2004-s-214
Prescribed Information (Deposit)
Section 21 Notice
deposit-protection-deadline

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