Month To Month Tenancy Agreement Template for England and Wales

A Month To Month Tenancy Agreement creates a flexible rental arrangement that automatically renews each month until either you or your tenant provides proper notice to terminate. Under England and Wales law, these agreements typically establish Assured Shorthold Tenancies (ASTs) governed by the Housing Act 1988, giving both parties legal protections whilst maintaining maximum flexibility.

When do you need this document?

You need a Month To Month Tenancy Agreement when flexibility is your priority over long-term certainty. This arrangement suits situations where you're testing a new landlord-tenant relationship, accommodating temporary housing needs, or prefer the option to adjust terms regularly. It's particularly valuable for landlords who may need to reclaim their property on short notice or tenants whose circumstances might change frequently. Unlike fixed-term agreements, this arrangement allows either party to terminate with just one month's notice, making it ideal for transitional periods or uncertain living situations.

Key legal considerations

Your agreement must comply with multiple pieces of legislation to be legally enforceable. The Housing Act 1988 governs the creation and termination of your tenancy, whilst the Landlord and Tenant Act 1985 establishes your repair obligations as a landlord. You must protect any deposit in an authorised scheme under the Housing Act 2004 and provide prescribed information within 30 days. The agreement should clearly specify rent amounts and payment dates, outline both parties' obligations, and include termination procedures. You'll also need to consider the Tenant Fees Act 2019, which restricts the fees you can charge, and ensure you provide required safety certificates for gas and electrical systems. Energy Performance Certificates must be provided under the Energy Performance of Buildings Regulations 2012.

Legal requirements in England and Wales

In England and Wales, your Month To Month Tenancy Agreement must satisfy specific statutory requirements to create a valid AST. You must serve prescribed information about the tenancy and deposit protection within 30 days of receiving any deposit. The Deregulation Act 2015 requires you to provide an Energy Performance Certificate, gas safety certificate (if applicable), and the government's "How to Rent" guide before the tenancy begins. You cannot serve a Section 21 notice during the first four months of the tenancy, and you must ensure compliance with Housing Health and Safety Rating System standards. If your property requires an HMO licence under the Housing Act 2004, you must obtain this before letting. The agreement should specify the notice period for termination, which cannot be less than one month for periodic tenancies, and must comply with the Tenant Fees Act 2019 regarding permitted charges and deposit limits.