Tenancy Agreements in England: What Landlords and Tenants Should Check

A tenancy agreement is the backbone of any rental in England. It sets out the rent, the rules, the responsibilities, and the practical details that often decide whether a tenancy runs smoothly or ends in a dispute.

For landlords, the agreement needs to be legally compliant and clear enough to enforce. For tenants, it needs to be understood before signing, because the small print can affect deposit deductions, repairs, access, notice, and costs.

What a tenancy agreement actually does

A tenancy agreement is a contract between landlord and tenant. It can be written or verbal, although in practice most private rentals use a written agreement. It gives both sides rights and obligations: the tenant’s right to live in the property and the landlord’s right to receive rent, among others.

In England, a tenancy usually exists where there is:

• exclusive possession of the property or part of it
• a fixed or periodic term
• payment of rent

That matters because labels are not decisive. Calling something a “licence” will not protect a landlord if the legal reality is a tenancy. I’ve seen too many cases where a landlord tried to sidestep their obligations by issuing a document headed “licence agreement”, only to find that a court treats it as an assured shorthold tenancy anyway. The substance of the arrangement is what counts, and the courts will look at who really controls the property, not what the paperwork says.

The first thing both sides should check

Before anything is signed, both landlord and tenant should confirm the basic deal is written down clearly. Shelter advises that most private tenants should receive a tenancy agreement or written information before they sign, so they can understand their rights and decide whether to proceed. This isn’t just good practice—it prevents the sort of misunderstandings that later turn into formal disputes.

Check these essentials first

• Full names of landlord and tenant
• Property address and what parts are included
• Start date and term
• Rent amount, due date, and payment method
• Deposit amount and what it covers
• Who pays each bill and council tax
• Repair responsibilities
• Notice requirements
• Rules on pets, subletting, smoking, and alterations
• Access arrangements for inspections and repairs

If any of these points are vague, get them clarified before signing. Most rental disputes begin with assumptions that were never written down. I regularly see tenants who assumed the landlord would cover the water bill, or landlords who thought they could enter for viewings without notice—and neither had put it in the contract.

Key clauses tenants should read carefully

1. Rent and payment dates

The agreement should state how much rent is due, when it is due, and how it must be paid. Under current government guidance for written information, rent details should be included clearly, including when payment is due.

Watch for:

• hidden admin fees
• late payment charges
• clauses allowing automatic rent changes without proper notice
• payment dates that do not match your pay cycle

If the rent is affordable only if paid on a certain date, say so before agreeing. A clause that allows the landlord to increase rent mid-term without a clear mechanism is a red flag. In my experience, rent review clauses that simply say “rent may be reviewed annually” without a formula or reference to market rent often lead to arguments.

2. Deposit terms

The deposit should be clearly identified, including the amount and what deductions may be made. For most private tenancies, the deposit is capped at 5 weeks’ rent where annual rent is below £50,000, and 6 weeks’ rent where annual rent is £50,000 or more.

Tenants should also check that the deposit is protected in a government-authorised scheme. If it is not protected, serious consequences can follow for the landlord, including financial penalties. I’ve advised tenants who discovered their deposit was never protected only when they tried to get it back—by then the landlord was facing a claim for up to three times the deposit amount. It’s not a minor oversight; it’s a fundamental breach of the landlord’s duties.

3. Repairs and maintenance

The agreement should not suggest that the tenant is responsible for the landlord’s core repairing duties. Tenants usually deal with day-to-day upkeep and reasonable care, but structural repairs, safe installations, and most building maintenance remain the landlord’s responsibility under the law.

Look closely at clauses about:

• boilers and heating
• plumbing and leaks
• electrical installations
• damp and mould
• garden maintenance
• window and lock repairs

A clause that says “tenant responsible for all repairs” is a warning sign. Some wording may be unenforceable even if it appears in the contract. The law imposes repairing obligations on landlords for most short tenancies, and you cannot contract out of them in a way that leaves the tenant with the burden of keeping the structure and exterior in repair. If you see a repair clause that looks one-sided, it’s worth questioning before you sign.

4. Use of the property

The agreement should say who can live in the property and whether anyone else can stay there regularly. It may also cover whether business use, Airbnb-style subletting, or pets are allowed.

Common issues:

• overstaying guests becoming an informal occupier
• pets banned without a good reason
• subletting prohibited even for a room
• restrictions on decorating or hanging items

If the property is a flat, check whether leasehold rules also apply. A tenancy agreement cannot override restrictions imposed by the building’s head lease. I’ve seen tenants sign a tenancy that permitted pets, only to find the head lease prohibited them—and the freeholder threatened forfeiture. Always ask if there’s a superior lease that might limit what you can do.

5. Access and inspections

Landlords usually need access for repairs, inspections, and safety checks, but they cannot just enter whenever they want. The agreement should explain how much notice will be given and in what circumstances access is allowed.

A good clause should be practical, not intrusive. Poorly drafted access terms often become a source of conflict. The right to quiet enjoyment is implied, and a clause that says “landlord may enter at any reasonable time” without specifying notice is likely to cause friction. I usually advise landlords to set a minimum of 24 hours’ written notice except in genuine emergencies.

6. Ending the tenancy

The agreement should explain:

• whether the tenancy is fixed-term or periodic
• how notice can be given
• what happens at the end of the fixed term
• whether any break clause applies

A break clause can help, but only if it is drafted clearly. Ambiguous break clauses often create disputes about timing, notice form, and whether they can be used by both sides. For example, a clause that says “either party may break after six months” without stating how much notice is required or whether it must be in writing is practically useless. I’ve seen tenants miss a break date because the clause was silent on whether the notice had to expire on a rent day.

Key checks landlords should make

Landlords need more than a generic template. A contract should match the property, the tenancy type, and the legal obligations that apply in England.

1. Make sure the tenancy type is correct

The agreement should reflect the actual arrangement. Mislabeling a tenancy can create confusion over notice, possession, and deposit handling.

Ask:

• Is this a single dwelling?
• Is there exclusive possession?
• Is the arrangement joint or individual?
• Is it fixed-term or periodic?

If you grant exclusive possession of a separate dwelling for a term at a rent, you almost certainly have an assured shorthold tenancy, even if you call it something else. Getting the type right from the start avoids procedural mistakes later, especially when you need to serve a valid notice seeking possession.

2. Use clear, enforceable wording

Avoid vague statements like “tenant must keep the property in perfect condition” or “landlord may enter at any time.” Those phrases are often too broad to be useful and may be challenged.

Better drafting:

• specifies responsibilities clearly
• matches statutory obligations
• avoids conflicts with tenant rights
• does not rely on informal side promises

I always recommend landlords to use plain English and to test each clause by asking: “If I had to explain this to a judge, would it make sense?” If not, rewrite it.

3. Protect the deposit correctly

If a deposit is taken, it must be protected in an authorised scheme, and the prescribed information must be served properly. This is not optional. Problems here can block possession claims and create financial exposure.

I’ve seen landlords lose the right to use the section 21 eviction procedure simply because they protected the deposit a day late or sent the prescribed information to the wrong address. The rules are strict, and the penalties are real. Make deposit protection a non-negotiable step in your pre-tenancy checklist.

4. Check right to rent before letting

Landlords in England must check that adult occupiers have the right to rent before the tenancy starts. The check applies to adult tenants and other adult occupiers, even if they are not named on the agreement.

For landlords, this is a legal compliance step that should be built into the signing process, not left until after move-in. Failing to do it can lead to a civil penalty, and in some cases a criminal offence. I advise keeping dated copies of the documents you checked and a record of when you saw the original.

5. Keep legally required documents ready

Practical compliance is not just about the contract. Tenants should normally be provided with key information such as:

• the tenancy agreement or written tenancy information
• deposit protection details
• gas safety certificate where gas appliances exist
• EPC information

If these documents are missing, the tenancy may still exist, but the landlord may face enforcement problems and tenant complaints. A common pitfall is forgetting to give the gas safety record before the tenant moves in—that can later invalidate a section 21 notice. I suggest preparing a pack with all the required paperwork and handing it over at the same time as the keys.

A simple pre-signing checklist for tenants

Before signing, work through this checklist:

• Do I understand the rent, deposit, and all extra costs?
• Is the tenancy term clear?
• Are repairs and maintenance responsibilities sensible?
• Is the deposit amount within the legal cap?
• Has the landlord explained how the deposit is protected?
• Are there any unfair restrictions on guests, pets, or subletting?
• Is the notice process clear?
• Do I have the inventory and condition report?
• Have I seen the gas safety and EPC information where relevant?
• Does anything in the agreement conflict with what was promised verbally?

If the answer to any of these is unclear, do not rush. A few extra questions before signing can save months of argument later. I’ve lost count of the number of clients who came to me after signing a tenancy they didn’t fully understand, wishing they’d asked about one of these points.

A practical landlord checklist before issuing the agreement

• Use the right tenancy template for the property and tenancy type
• Make sure names, dates, and rent details are correct
• Confirm the deposit is within the legal cap
• Prepare deposit protection steps in advance
• Complete right to rent checks for all adult occupiers
• Include realistic repair and access clauses
• Attach or prepare the inventory
• Ensure the agreement does not contradict statutory duties
• Provide required documents before or at the start of the tenancy

This list isn’t just bureaucratic box-ticking. Each item protects you from a later claim or enforcement gap. I’ve seen landlords who used a template from an old property and forgot to update the address—it caused chaos when they tried to serve notice.

Common mistakes that cause disputes

Tenants often make these mistakes

• Signing before reading the full agreement
• Assuming verbal promises will be enforced without proof
• Ignoring cleaning, garden, or pet clauses
• Failing to check the inventory
• Not challenging deposit wording that seems unfair

Landlords often make these mistakes

• Using an outdated template
• Forgetting deposit protection steps
• Treating optional clauses as if they override the law
• Copying a clause from another property without checking fit
• Failing to keep written proof of what was provided to the tenant

A tenancy agreement works best when it reflects the real arrangement, not a generic form copied from the internet. I’ve mediated disputes where both sides were relying on different versions of “what we agreed,” and the written contract was so poorly drafted it helped neither.

What to do if the agreement looks unfair

If a clause seems excessive, ask for it to be amended before signing. It is much easier to negotiate at the start than to argue later.

If you have already signed:

• keep a copy of the agreement and all emails
• compare the clause with what was promised verbally
• check whether the clause conflicts with landlord or tenant rights
• seek advice before refusing to comply or before withholding rent

In practice, many disputes are resolved by checking the document against the actual legal position rather than treating every clause as final. I’ve often written a short letter pointing out that a particular term is unenforceable under the Tenant Fees Act or the Landlord and Tenant Act 1985, and that has been enough to settle the matter without going near a court.

Quick comparison: what each side should focus on

FAQ

Is a tenancy agreement always required in writing?
No. A tenancy can exist verbally, but most private tenancies in England should be documented in writing so both sides understand the terms. I always recommend a written agreement because it removes ambiguity and gives both parties something to point to if a disagreement arises.

What is the most important thing to check before signing?
The rent, deposit, term, repairs, notice rules, and any unusual restrictions. Those terms usually cause the biggest problems later. In my experience, if you get those five things clear, you’ve eliminated the source of most tenancy disputes.

Can a landlord keep my deposit without proof of damage?
No. Deductions should be linked to the tenancy terms and the actual condition of the property, ideally supported by an inventory and check-in record. A landlord who simply claims “the place was dirty” without an inventory will struggle to justify any deduction if the tenant challenges it through the deposit scheme’s dispute resolution.

Does the agreement override the law?
No. A tenancy agreement cannot remove statutory rights or make unlawful terms enforceable. If a clause tries to take away your right to have the deposit protected or your right to live in a property fit for habitation, it simply won’t stand up.

What if the landlord did not give me the right documents?
Missing paperwork can create serious compliance issues for the landlord, especially where deposit protection or safety documents are concerned. It can delay or block a possession claim and expose the landlord to financial penalties. If you’re a tenant and you haven’t received the prescribed information about your deposit, for example, you may have a claim even if the tenancy is ongoing.

Conclusion

A good tenancy agreement is clear, fair, and legally workable. Tenants should read it as a practical contract, not a formality, and landlords should treat it as a compliance document as well as an agreement about rent.

If both sides check the same core points before signing, most avoidable disputes never start in the first place. The time you spend going through the agreement carefully at the outset is never wasted—it’s the cheapest insurance you can buy against a broken tenancy relationship.