Tenancy agreement
A tenancy agreement is a legally binding contract between a landlord and a tenant that outlines the rights and responsibilities of both parties. This can be a written or verbal agreement, though written agreements are strongly recommended.
As of May 2026, the Renters's Rights Act has changed the way tenancy agreements work. While you still have an agreement, it must now be a written statement of terms for an Assured Periodic Tenancy.
Key details included in the agreement
A standard tenancy agreement should always include the following:
- Parties involved: The full names of the landlord(s) and all tenants.
- Property details: The full address of the property and whether it is furnished or unfurnished.
- The Term: Whether the tenancy is for a fixed term (e.g., 6 or 12 months) or a periodic basis (rolling month-to-month).
- Rent and Deposit: The rent amount, when it is due, and how it should be paid. It must also state the deposit amount and which government-approved scheme will protect it.
- Specific Clauses: Details regarding notice periods, break clauses, smoking/pet policies, and who is responsible for utility bills.
The purpose of the agreement
The agreement serves to protect both the landlord and the tenant. By clearly defining the "rules" of the tenancy from the start, it helps to prevent misunderstandings and ensures that the arrangement complies with UK housing laws.
Frequently Asked Questions
1. Is a written agreement a legal requirement? In England and Wales, a tenancy can exist without a written document. However, without one, it is extremely difficult to prove what was agreed regarding rent increases, notice periods, or deposits. Most professional agents will never allow a tenancy to begin without a signed contract.
2. Can I end my tenancy before the contract expires? You can only end a fixed-term tenancy early if there is a break clause in your contract or if your landlord agrees to a "mutual surrender." If neither applies, you remain legally liable for the rent until the end of the fixed term.
3. When can the landlord increase the rent? For a fixed-term tenancy, the landlord can only increase the rent if there is a "rent review clause" in the contract or if you agree to the increase. For a periodic tenancy, they must usually provide you with a formal "Section 13" notice.
4. Who is responsible for repairs? By law, landlords are responsible for the structure of the building and the "big things" like heating, water, and electricity. Tenants are responsible for keeping the home clean, avoiding damage, and carrying out small maintenance tasks like changing light bulbs or unblocking a sink.