Introduction to Tenancy Agreements
A tenancy agreement is a legal contract between a landlord and a tenant that sets out the terms and conditions for renting residential property in the UK. Its main purpose is to clearly define the rights and responsibilities of both parties, helping to prevent misunderstandings and disputes during the tenancy.
While some tenancies can be created verbally, having a written tenancy agreement is highly recommended for both landlords and tenants. A written agreement provides clear evidence of what has been agreed, making it easier to resolve any issues that might arise. It also ensures that both parties are aware of their obligations under the law, such as those set out in the Housing Act 1988 for assured shorthold tenancies (ASTs), which are the most common type of tenancy in England and Wales.
This page will guide you through the essential elements that should be included in a tenancy agreement. We’ll cover key information such as who the agreement is between, the amount of rent and how it should be paid, the length of the tenancy, and who is responsible for repairs and maintenance. Understanding these details is vital for protecting your interests, whether you are renting out a property or moving in as a tenant.
If you’d like a broader overview of what tenancy agreements are and why they matter, you can find more information on our page about tenancy agreements.
Essential Information to Include in a Tenancy Agreement
Including the right information in a tenancy agreement is crucial for both landlords and tenants. A well-drafted agreement helps avoid misunderstandings and ensures everyone knows their rights and responsibilities. Here’s what you should always include:
The agreement must clearly state the full names and contact details of both the landlord and the tenant(s). This ensures there’s no confusion about who is involved and who to contact if any issues arise during the tenancy.
The address of the property being rented should be included, along with a description if necessary (for example, “Flat 2, 10 High Street, London, SE1 1AA”). If the property includes any shared or exclusive areas (such as a garden, parking space, or storage), these should also be listed.
Specify when the tenancy begins and whether it is a fixed-term tenancy (for example, six or twelve months) or a periodic tenancy that rolls on a week-to-week or month-to-month basis. This helps both parties understand how and when the agreement can be ended or renewed.
Clearly state the amount of rent to be paid, how often it should be paid (weekly, monthly, etc.), and the method of payment (such as bank transfer or standing order). Also mention when the rent is due each period and if there are any circumstances in which the rent could change, such as a rent review clause.
If a deposit is taken, the agreement should state the amount and where it will be held. By law, for most assured shorthold tenancies in England and Wales, the landlord must protect the deposit in a government-approved scheme and provide the tenant with details of this protection within 30 days. For more information, see Tenancy Deposit Protection (TDP).
The agreement should make it clear who is responsible for paying utility bills (such as gas, electricity, water), council tax, internet, and TV licence. This avoids disputes later about who should pay for what.
Include any rules about how the property can be used. For example, are pets allowed? Can tenants smoke inside? Are there restrictions on having guests or subletting rooms? Setting these expectations from the start helps prevent issues later.
Both the landlord and the tenant(s) must sign the agreement to confirm they accept its terms. It’s good practice for each party to keep a signed copy. This signed document can be vital evidence if any disputes arise.
A comprehensive tenancy agreement protects both landlords and tenants. It also helps clarify important tenant rights and obligations, so everyone knows where they stand. If you’re unsure about what to include or need more guidance, consider seeking legal advice or using a reputable tenancy agreement template.
Rent Details and Payment Terms
Clearly setting out rent details and payment terms is a crucial part of any tenancy agreement. Both landlords and tenants should understand exactly how much rent is due, how it should be paid, and what happens if payments are missed or if the rent changes during the tenancy.
How Much Rent and When to Pay
The tenancy agreement must state the exact amount of rent payable, how often it is due (for example, weekly or monthly), and the date on which payments should be made. For example, an agreement might specify that rent is £850 per calendar month, payable in advance on the first day of each month. Specifying the payment schedule helps avoid confusion and disputes later on.
Accepted Payment Methods
The agreement should also outline the acceptable ways to pay rent. Common methods include bank transfer, standing order, direct debit, cheque, or, less commonly, cash. For security and record-keeping, it is advisable to use traceable payment methods such as bank transfers. If cash is accepted, both parties should ensure receipts are provided and kept as proof of payment.
Consequences of Late Payment
It is important for the agreement to set out what happens if rent is paid late. Landlords are legally allowed to charge interest on late rent, but only if this is clearly stated in the agreement. Under the Tenant Fees Act 2019, the maximum interest that can be charged is 3% above the Bank of England base rate for each day the payment is overdue. The agreement may also explain any other steps the landlord may take if rent remains unpaid, such as contacting the tenant or starting possession proceedings after a certain period.
Rent Increases
The agreement should explain if and how rent can be increased during the tenancy. For fixed-term tenancies (such as 12 months), rent is usually fixed for the duration unless the agreement includes a rent review clause. For periodic (rolling) tenancies, landlords can generally increase the rent once a year by giving at least one month’s notice in writing, using a formal notice called a ‘Section 13 notice’. Any rent increase must be fair and in line with local market rates. Tenants have the right to challenge unfair increases through a tribunal if they believe the new rent is excessive.
Support if You Struggle to Pay Rent
If you are having difficulty keeping up with rent payments, it’s important to seek help as soon as possible. There are resources available for tenants who need advice or financial support. For guidance and practical steps you can take, visit our page on help with paying rent.
By making sure all details about rent and payment terms are clearly written into the tenancy agreement, both landlords and tenants can avoid misunderstandings and protect their rights throughout the tenancy.
Duration and Termination of the Tenancy
Understanding how long a tenancy lasts and the ways it can be ended is crucial for both landlords and tenants. A well-drafted tenancy agreement should clearly set out the type of tenancy, its duration, and the processes for renewal or termination.
Most private rentals in the UK use either a fixed-term or periodic tenancy:
Fixed-term tenancy: This agreement runs for a set period, such as 6 or 12 months. During this time, both parties are usually committed to the terms unless there is a breach of tenancy agreement.
Periodic tenancy: This is a rolling agreement, often continuing month-to-month or week-to-week after a fixed term ends, unless a new agreement is signed.
The tenancy agreement should state the start and end dates for a fixed-term tenancy. For periodic tenancies, the agreement should explain how the rolling arrangement works and how either party can end it. Some agreements also include a “break clause” allowing the tenancy to be ended early under certain conditions.
If both landlord and tenant wish to continue after the fixed term, the tenancy can either roll into a periodic tenancy automatically or be renewed with a new fixed-term agreement.
The law sets out specific notice periods for ending a tenancy, which must be followed to avoid legal issues:
Landlord notice: For most assured shorthold tenancies (ASTs), landlords must usually give at least two months’ notice using a Section 21 Notice if they want the tenant to leave at the end of the term or during a periodic tenancy. In some cases, such as when the tenant has breached the agreement, a Section 8 notice may be used, which can require a shorter notice period depending on the grounds.
Tenant notice: Tenants must give notice in line with their agreement – typically one month’s notice for a monthly periodic tenancy, or as specified in the contract for fixed-term tenancies with break clauses.
It’s important to check the tenancy agreement and the relevant rules under the Housing Act 1988 to ensure the correct notice is given.
If either party fails to follow the correct procedure – for example, by not giving enough notice or by ending the tenancy without proper grounds – there can be legal consequences. For landlords, this might mean being unable to regain possession of the property or facing a claim for unlawful eviction. For tenants, leaving early without agreement could result in being liable for rent until a new tenant is found or until the end of the fixed term.
Serious issues, such as damage to the property or non-payment of rent, may be considered a breach of tenancy agreement. In these cases, the agreement should outline the steps that can be taken, such as serving notice or seeking compensation.
By making sure the tenancy agreement is clear about duration and termination, both landlords and tenants can protect their rights and avoid misunderstandings. For more details on legal forms and notices, refer to the official guidance under the Housing Act 1988.
Responsibilities for Repairs and Maintenance
A clear understanding of who is responsible for repairs and maintenance is crucial for both landlords and tenants. Including these details in the tenancy agreement helps prevent disputes and ensures the property remains safe and comfortable to live in.
By law, landlords are required to keep the property in good repair and ensure it is safe and fit for habitation. The main obligations are set out in the Landlord and Tenant Act 1985. Specifically, landlords must:
Keep the structure and exterior in good repair: This includes the roof, walls, windows, doors, gutters, drains, and external pipes.
Maintain installations for the supply of water, gas, electricity, and sanitation: Landlords are responsible for ensuring that things like boilers, water heaters, radiators, sinks, baths, toilets, and electrical wiring are working safely.
Ensure the property is safe and habitable: The property must meet basic health and safety standards. This means it should be free from serious hazards such as damp, mould, or faulty wiring. Landlords must also comply with fire safety regulations, including providing smoke alarms and, where required, carbon monoxide detectors.
Landlords are also responsible for most major repairs, such as fixing a broken boiler or leaking roof. These obligations apply even if the tenancy agreement says otherwise.
Tenants also have a role in looking after the property. Their main duties are to:
Keep the property reasonably clean and tidy: This includes regular cleaning and taking care of the garden if required by the agreement.
Avoid causing damage: Tenants should not deliberately or carelessly damage the property, fixtures, or fittings.
Report problems promptly: If something breaks or needs repair, tenants must inform the landlord or letting agent as soon as possible. Prompt reporting helps prevent issues from getting worse and ensures repairs can be arranged quickly.
Tenants may be responsible for minor maintenance, like changing light bulbs or replacing smoke alarm batteries, but this should be clearly stated in the tenancy agreement.
In the event of an emergency – such as a burst pipe, gas leak, or dangerous electrical fault – tenants should contact the landlord or letting agent immediately. The landlord is expected to arrange urgent repairs quickly to prevent harm or further damage.
If the landlord cannot be reached in an emergency, tenants may be able to arrange necessary repairs themselves and seek reimbursement, but it is important to keep records and receipts. The tenancy agreement should outline what to do in emergencies and provide up-to-date contact details.
Check your tenancy agreement: It should clearly state who is responsible for each type of repair and how to report problems.
Keep communication in writing: Whenever possible, report repairs in writing (such as by email) and keep a record of all correspondence.
Allow access for repairs: Tenants must allow reasonable access for the landlord or contractors to carry out necessary repairs, usually with at least 24 hours’ notice unless it’s an emergency.
Understanding these responsibilities helps both landlords and tenants maintain a good relationship and ensures the property remains a safe and pleasant place to live.
Bills, Utilities, and Other Charges
When entering into a tenancy agreement, it’s crucial for both landlords and tenants to clearly understand who is responsible for paying which bills and charges. This section explains what should be included in the agreement regarding bills, utilities, and any other potential costs.
A well-drafted tenancy agreement will set out exactly which bills the tenant is responsible for. Common bills include:
Electricity and Gas: Tenants are usually responsible for paying for the gas and electricity they use. The agreement should specify whether the tenant must set up accounts with providers or if the landlord manages these and recharges the tenant.
Water and Sewerage: Responsibility for water bills can vary. Sometimes the landlord pays the water company directly and collects the cost from the tenant, or the tenant pays the supplier directly. The agreement should make this clear.
Council Tax: In most cases, tenants in a private rental property are responsible for paying council tax directly to the local authority. However, if the property is a house in multiple occupation (HMO), the landlord may be liable instead.
TV Licence and Internet: If the tenant watches live TV or uses BBC iPlayer, they must have a TV licence. Internet and telephone bills are usually the tenant’s responsibility unless otherwise stated in the agreement.
It’s important for the tenancy agreement to list all bills, so there is no confusion later on. If any bills are included in the rent (sometimes called “bills included”), this should be clearly stated.
The agreement should explain how utility payments are managed. There are generally two approaches:
Tenant Manages Accounts: The tenant sets up accounts with utility providers in their own name and pays bills directly. The agreement should specify this arrangement and may require the tenant to provide proof that accounts have been set up and bills are being paid (for example, by showing copies of bills or receipts).
Landlord Manages and Recharges: Sometimes, especially in shared accommodation or HMOs, the landlord keeps the accounts in their name and recharges the tenant either a fixed amount or based on actual usage. The agreement should explain how charges are calculated, how often payments are due, and whether the tenant can see copies of the bills.
Regardless of the arrangement, tenants should always take meter readings at the start and end of the tenancy to avoid disputes over usage. The law does not require a particular method of payment, but the agreement should be clear to prevent misunderstandings.
Besides regular utility bills, the tenancy agreement should mention any other charges the tenant may need to pay. These could include:
Service Charges: If the property is a flat or part of a managed building, there may be service charges for cleaning, maintenance of communal areas, or gardening. The agreement should state whether these are included in the rent or paid separately.
Administration Fees: Under the Tenant Fees Act 2019, most fees are banned for assured shorthold tenancies in England. Landlords and letting agents cannot charge for things like referencing, inventory checks, or renewal fees. However, tenants can still be charged for lost keys, late rent, or damage to the property – these must be reasonable and detailed in the agreement.
Other Charges: If there are any other expected costs, such as parking permits or contributions to a shared heating system, these should be set out clearly.
It’s essential that all charges are transparent and agreed in writing. This protects both parties and helps avoid disputes during or at the end of the tenancy.
By ensuring your tenancy agreement covers all aspects of bills, utilities, and other charges, you’ll have a clear understanding of your financial responsibilities throughout the tenancy. Always ask questions if anything is unclear before signing the agreement.
Rules and Restrictions in the Tenancy Agreement
A tenancy agreement should set out any specific rules and restrictions that apply to the property. These rules help clarify what is and isn’t allowed during the tenancy, preventing misunderstandings and protecting both landlord and tenant interests. Here are some of the most common restrictions and what they mean for you:
Most tenancy agreements include clear terms about subletting – renting out all or part of the property to someone else. In the UK, tenants usually need the landlord’s written permission before they can sublet or allow others to move in. Subletting without consent can be a breach of contract and may lead to eviction. The agreement should also specify whether tenants can share the property with others, such as friends or family members, and if additional occupants are allowed. Always check your agreement before inviting anyone else to live with you.
Landlords often include clauses about keeping pets or smoking inside the property. Some agreements have a blanket ban on pets, while others may allow them with prior approval or under certain conditions (such as paying a higher deposit). Similarly, smoking indoors is commonly prohibited to prevent damage and odours. If you have a pet or smoke, make sure to discuss this with your landlord and get any permissions in writing before signing the agreement.
Tenancy agreements usually outline expectations for tenant behaviour to ensure everyone’s enjoyment of the property and surrounding area. This includes keeping noise to a reasonable level, especially during late-night hours, and respecting neighbours’ right to quiet enjoyment. Persistent antisocial behaviour or regular noise complaints can be grounds for eviction. The agreement may also reference local council rules or specific quiet hours.
If you are renting a room in a property where the landlord also lives, or if you want to take in a lodger yourself, different rules may apply compared to standard tenancies. These arrangements are often covered under separate legal frameworks and can affect your rights and responsibilities. For more information on the differences and what to expect, see our guide to lodgers and resident landlords.
Including clear rules and restrictions in your tenancy agreement helps set expectations from the start and can prevent disputes later on. If you’re unsure about any terms or need more details about your rights under an Assured Shorthold Tenancy (AST), Shelter England provides a helpful overview of what to look for in your contract. Always read your agreement carefully and ask questions before signing.
Legal Rights and Support for Tenants and Landlords
A clear tenancy agreement is essential for protecting the legal rights of both tenants and landlords. In the UK, the law sets out certain rights and responsibilities that cannot be overridden by the terms of an agreement, ensuring a basic level of protection for everyone involved.
Tenants have the right to:
Live in a property that is safe and in good repair.
Have their deposit protected in a government-approved scheme (for assured shorthold tenancies).
Receive at least 24 hours’ notice before the landlord enters the property, except in emergencies.
Challenge excessively high charges or unfair terms.
Remain in the property until the tenancy is properly ended, usually through notice or court order.
For a more detailed explanation of what tenants are entitled to, see our guide on tenant rights.
Landlords also have important rights, such as:
Receiving rent on time and in full.
Accessing the property for repairs or inspections (with proper notice).
Regaining possession of the property at the end of the tenancy, following the correct legal process.
Expecting tenants to take care of the property and not cause damage.
Both tenants and landlords should thoroughly read and understand the tenancy agreement before signing. This document outlines the specific terms of the tenancy, such as rent amount, payment dates, length of tenancy, and rules about repairs or subletting. Misunderstandings about these terms are a common cause of disputes, so it’s vital to clarify any points before agreeing.
If you’re unsure about what your agreement means or what you’re signing up for, you can find practical guidance on the Citizens Advice website. This resource explains what should be included in a tenancy agreement and what your rights are if problems arise.
If you encounter issues during your tenancy – such as disagreements about repairs, rent, or notice periods – there are several places to seek help:
Local council housing departments can provide advice and may intervene in serious cases.
Charities and support organisations can offer guidance on your options.
For direct support and further information about available schemes and benefits, visit our housing assistance page.
Knowing your legal rights and obligations under a tenancy agreement can help prevent misunderstandings and costly disputes. Whether you are a tenant or a landlord, being informed means you can act confidently if issues arise and ensure that everyone’s interests are protected throughout the tenancy. If you need further support, don’t hesitate to reach out to the resources mentioned above.
Further Information and Related Topics
Understanding what should be included in a tenancy agreement is just one part of renting a property in the UK. To get a complete picture and make confident decisions, it’s helpful to explore related topics that cover other important aspects of renting, your rights, and available support.
If you’d like a broader overview of how tenancy agreements work – including different types, legal requirements, and how they’re enforced – visit our main page on tenancy agreements. This will give you a foundation for understanding your obligations as a landlord or tenant, and how agreements fit into the wider legal framework.
For those new to renting, our general guide to renting explains the key steps, from searching for a property to moving in, and outlines the main legal protections for both tenants and landlords. If you’re unsure about the difference between a tenant and a lodger, or if you live with your landlord, our section on lodgers and resident landlords covers how these arrangements differ from standard tenancies and what should be included in any agreement.
Knowing your rights is essential. Our tenant rights page details what you’re entitled to under UK law, such as protection from unfair eviction, deposit protection, and your right to a safe, habitable home. This information connects closely to tenancy agreements, as many of these rights are set out or referenced in the contract.
Sometimes, issues arise – such as missed rent payments or disagreements over repairs. If you’re facing financial difficulties, our help with paying rent guide offers practical advice on benefits, grants, and steps you can take to avoid arrears. If you need broader support, our housing assistance page lists organisations and resources that can help with housing problems, homelessness prevention, and legal advice.
Finally, it’s important to understand what happens if either party doesn’t follow the terms of a tenancy agreement. Our breach of tenancy agreement section explains the consequences, including possible eviction, claims for damages, and how disputes can be resolved – helping you avoid costly mistakes.
By exploring these related topics, you’ll gain a clearer understanding of your rights, responsibilities, and the practical steps you can take to protect yourself when renting. Each area links back to the importance of a well-drafted tenancy agreement and ensures you’re fully informed throughout your tenancy journey.
