Signing a tenancy agreement is one of the most significant legal commitments most people make. Yet many renters sign without fully understanding what they are agreeing to.
This guide explains everything you need to know about your tenancy agreement. What it is, what it must contain, what landlords can and cannot include, and how recent changes under the Renters’ Rights Act 2025 affect your rights.
What Is a Tenancy Agreement?
A tenancy agreement is a legally binding contract between a landlord and a tenant. It sets out the terms under which a tenant may occupy a property including how much rent is due, when it must be paid, how long the tenancy lasts, and the responsibilities of both parties.
In England, most private renters will hold what was formerly called an Assured Shorthold Tenancy (AST). From 1 May 2026, under the Renters’ Rights Act 2025, these have been renamed Assured Periodic Tenancies but the practical basis of the tenancy agreement remains the same.
A tenancy agreement does not have to be in writing to be legally valid — but having a written agreement protects both the tenant and the landlord and is strongly recommended.
Does a Tenancy Agreement Have to Be in Writing?
There is no legal requirement for a tenancy agreement to be a written document. Verbal tenancy agreements are legally recognised in England. However, from 1 May 2026, if you do not have a written tenancy agreement or any written record of your tenancy’s terms, your landlord is legally required to provide you with certain written information by 31 May 2026. Full details are available on GOV.UK.
In practice, the vast majority of private tenancy agreements are written documents. A written tenancy agreement protects you as a tenant by making your rights and obligations clear and providing evidence if a dispute arises.
What Should a Tenancy Agreement Include?
A well-drafted tenancy agreement should cover the following key areas:
Names of the Parties
The full legal names of the landlord (or letting agent acting on their behalf) and all tenants named on the agreement. All adults living in the property should be named as tenants.
The Property Address
The full address of the rental property, including any outbuildings, parking spaces, or gardens included in the tenancy.
The Rent Amount and Payment Terms
Your tenancy agreement must state how much rent is due, when it should be paid (e.g. monthly in advance), and how it should be paid (e.g. by bank transfer). It should also state what happens if rent is late.
The Tenancy Start Date
The date on which the tenancy begins. From 1 May 2026, fixed end dates are no longer legally valid. All tenancies are now rolling periodic tenancies under the Renters’ Rights Act.
The Deposit Amount and Protection Scheme
If a deposit is taken, the tenancy agreement should state the amount and confirm which government-approved deposit protection scheme it is held in. Landlords in England are legally required to protect deposits in an approved scheme within 30 days of receipt. The three approved schemes are the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme.
Landlord and Tenant Responsibilities
The agreement should clearly set out who is responsible for what. For example, which repairs the landlord is responsible for, and what maintenance obligations the tenant has. Landlords are legally responsible for the structure and exterior of the property, heating, water, gas and electrical installations.
Rules About the Property
This section commonly covers matters such as whether subletting is permitted, rules about smoking, whether alterations to the property are allowed, and, relevant since May 2026, how requests to keep a pet should be made.
Notice Periods
The tenancy agreement should set out how much notice each party must give to end the tenancy. Under the Renters’ Rights Act, tenants must give at least 2 months’ written notice. Landlords must follow the legal grounds for possession process. They can no longer end a tenancy without a valid reason.
What Has Changed in Tenancy Agreements Since May 2026?
The Renters’ Rights Act 2025 has significantly changed what a tenancy agreement can and cannot say. Even if your existing tenancy agreement contains clauses that conflict with the new law, those clauses are no longer enforceable. The law takes precedence.
Key changes that affect tenancy agreements:
Fixed End Dates No Longer Apply
If your tenancy agreement states a fixed end date. For example, a 12-month term ending in July 2026 that end date is no longer legally valid. All assured tenancies became rolling periodic tenancies on 1 May 2026. Your tenancy will continue on a rolling (usually monthly) basis until either you or your landlord ends it lawfully.
Rent Review Clauses Are No Longer Valid
Any rent review clause written into your tenancy agreement which allow your landlord to increase rent at a set date or by a set amount cannot be used after 1 May 2026. All rent increases must now follow the formal process set out in Section 13 of the Housing Act 1988, which requires at least 2 months’ written notice using Form 4A and limits increases to once per year.
No-Fault Eviction Clauses Are Unenforceable
Some older tenancy agreements contain clauses suggesting a landlord can end the tenancy without providing a reason. These clauses are now void. Your landlord must have a legally recognised ground for possession and must serve a Section 8 notice. They cannot use a Section 21 no-fault notice.
Pet Restriction Clauses Have Changed
Blanket ‘no pets’ clauses cannot be automatically enforced under the Renters’ Rights Act. While a landlord may still decline a pet request, they must consider each request individually and provide written reasons for any refusal. A refusal that is not based on reasonable grounds can be challenged in court.
What Can a Landlord Not Include in a Tenancy Agreement?
Landlords cannot include clauses in a tenancy agreement that remove or reduce the legal rights tenants have under UK law. Any such clause is automatically void — even if you signed the agreement. Examples of unlawful or unenforceable clauses include:
- Clauses allowing Section 21 no-fault eviction (abolished from 1 May 2026)
- Clauses setting a fixed end date that overrides the rolling tenancy rules
- Rent review clauses used in place of the Section 13 process
- Clauses requiring tenants to pay fees that are banned under the Tenant Fees Act 2019 (such as renewal fees or reference fees)
- Clauses that prevent tenants from contacting environmental health or other authorities about disrepair
- Blanket pet prohibition clauses that refuse all requests without individual consideration
If you are unsure whether a clause in your tenancy agreement is lawful, you can seek free advice from Citizens Advice or Shelter.
Joint Tenancy Agreements: What You Need to Know
If you are renting with other people like housemates, a partner, or family members, you may all be named on a single joint tenancy agreement. This is important to understand because under a joint tenancy:
- All tenants are jointly and severally liable for the rent meaning if one person does not pay, the others are responsible for the full amount
- All tenants named on the agreement must agree to end the tenancy
- All tenants have equal rights to occupy the property
- If one tenant wants to leave, the tenancy agreement cannot simply be changed. It may need to be ended and a new agreement created
If you are in a joint tenancy and one party wishes to leave, seek advice before taking any action, as the process can be complicated and may affect everyone on the agreement.
What Happens If There Is No Written Tenancy Agreement?
If you have no written tenancy agreement, your tenancy is still legally valid but proving the agreed terms becomes much harder if a dispute arises. From 1 May 2026, landlords whose tenants have no written agreement are legally required to provide written information about the tenancy terms by 31 May 2026.
If your landlord has not provided this and you are in a dispute about your tenancy terms, contact Citizens Advice or Shelter for guidance on your next steps.
How to End a Tenancy: What Your Agreement Should Say
Under the Renters’ Rights Act, the rules around ending a tenancy have changed significantly. Here is what you need to know:
If You Want to Leave
You can end your tenancy at any point by giving your landlord written notice by letter or email. Your notice must:
- Be given in writing
- Give at least 2 months’ notice
- End on a rent payment date, or the day before
You may agree a shorter notice period with your landlord in writing, provided all tenants named on the agreement also agree.
If Your Landlord Wants You to Leave
Your landlord must serve a Section 8 notice citing at least one legally valid ground for possession. If you do not leave by the end of the notice period, the landlord must apply to court for a possession order. You will have the opportunity to contest the eviction at court.
Free legal support before and during possession hearings is available through the Housing Loss Prevention Advice Service.
Tips for Tenants Before Signing a Tenancy Agreement
Before you sign any tenancy agreement, take the time to:
- Read every clause carefully. Do not assume standard terms are always fair or lawful
- Check the rent amount, payment dates, and any penalty clauses for late payment
- Confirm the deposit amount and ask which protection scheme it will be held in
- Check who is responsible for which repairs and maintenance
- Look out for any clauses that may conflict with your rights under the Renters’ Rights Act
- Ask questions about anything you do not understand before signing
- Keep a signed copy of the agreement somewhere safe
Never feel pressured to sign a tenancy agreement on the spot. A reputable landlord or letting agent will give you time to read and consider the document.
Tenancy Agreement: Key Facts at a Glance
- A tenancy agreement is a legally binding contract between landlord and tenant
- It does not have to be written, but written agreements are strongly recommended
- Fixed end dates in tenancy agreements are no longer valid from 1 May 2026
- Rent review clauses in agreements cannot be used. Landlords must follow the Section 13 process
- Landlords cannot include clauses that remove your legal rights
- Deposits must be protected in a government-approved scheme within 30 days
- You must give at least 2 months’ written notice to end your tenancy
- Your landlord must have a legal ground for possession to evict you
Final Thoughts
Your tenancy agreement is one of the most important legal documents you will ever sign. Understanding what it contains, and what your landlord can and cannot include, is essential for protecting yourself as a renter. The Renters’ Rights Act 2025 has strengthened tenant protections significantly, but knowing your rights under both the law and your specific agreement remains the best way to stay in control of your tenancy.
If you are ever unsure about a clause in your tenancy agreement, do not ignore it. Get advice before you sign and if you are already in a tenancy and think a clause may be unlawful, seek guidance as soon as possible.
Not sure if your tenancy agreement is fair or even legal?
Contend is an AI-powered legal platform designed to help renters in England understand their rights in plain English — no jargon, no expensive solicitor fees. Whether you want to check a clause in your tenancy agreement, understand what your landlord can and cannot do, or get guidance on a dispute, Contend gives you clear, reliable answers in minutes.
Get free legal guidance today at contend.legal.