Tenancy agreements: what yours must say, and what to check
By Sam Kane · Last checked 9 October 2026 · Covers England only
A tenancy agreement is the contract between you and your landlord. It sets out the rent, the rules and what each of you must do. Since 1 May 2026, your landlord must give you the main terms in writing before your tenancy starts, and some old clauses no longer count, even if they are still printed in the agreement.
This guide explains what a tenancy agreement must include and what to check before you sign.
The short version
- A tenancy agreement is a contract. It lets you live in the home as long as you pay rent and keep to its terms.
- Your landlord must give you the key terms in writing before the tenancy starts. This is called a written statement.
- New private tenancies have no end date. They roll on, week to week or month to month.
- Some old clauses no longer apply: fixed end dates, section 21 clauses and automatic rent rise clauses.
- The law beats the agreement. A term that takes away your legal rights does not count.
- If you sign with others, you are usually all responsible for the whole rent.
What is a tenancy agreement?
A tenancy agreement is a contract between a tenant and a landlord. It gives you the right to live in the home. In return, you agree to pay rent and follow the terms.
It can be written down or spoken. Most are written. If your agreement is only spoken, your landlord must still give you the key terms in writing.
Most private renters in England now have an assured periodic tenancy. “Periodic” means it runs on a rolling basis, for example monthly, with no end date. It continues until you end it, you and your landlord agree to end it, or your landlord ends it for a legal reason with a court order. Our how to rent guide explains how this fits into the whole renting process.
What must a tenancy agreement include?
Since 1 May 2026, your landlord must give you a written statement of certain terms and information before your tenancy starts. Most landlords put it in the tenancy agreement itself. The law says it must include:
| What it must say | Why it matters |
|---|---|
| The names of every landlord and every tenant | You know who you have the contract with |
| An address in England or Wales where you can send the landlord notices | You can always reach them, for example to give notice |
| The address of the home | |
| The date you can move in | This is when the tenancy starts |
| The rent and when it is due | Rent periods cannot be longer than a month. See what pcm means |
| Any bills you pay to the landlord, and whether they are part of the rent | You know your full monthly cost |
| The deposit amount | You can check it against the legal cap |
| How much notice you must give to leave | |
| That a rent rise must use the formal section 13 process | Your rent can only rise once a year |
| That the landlord usually needs a court order to end the tenancy, and must give notice naming a legal reason | |
| The landlord’s duties to keep the home fit to live in and in repair | |
| The landlord’s duties on gas safety and electrical safety | |
| That you can ask to keep a pet, and the landlord cannot unreasonably refuse | See renting with pets |
If you are a student in a shared house, check whether the statement says your landlord may use the student ground to end the tenancy at the end of the academic year. A landlord can only use that ground if they told you in writing first.
What no longer counts in a tenancy agreement?
Many agreements still use wording from before 1 May 2026. These parts no longer apply to a private assured tenancy in England:
- A fixed term or end date. An assured periodic tenancy cannot have an end date. If your agreement has one, the end date does not apply.
- A section 21 clause. “No fault” evictions ended on 1 May 2026.
- A rent review clause. A clause that puts the rent up each year by a set amount or percentage no longer works. Your landlord must use the section 13 process with Form 4A.
- A notice period longer than 2 months for you. The most notice a landlord can ask you to give is 2 months.
- Rent up front beyond the limit. Your landlord cannot ask for rent before you sign, or for more than 1 month’s rent in advance after you sign.
More broadly, a term that is unfair, or that tries to take away a right the law gives you, cannot be enforced against you. Our guide to the Renters’ Rights Act explains your rights in full.
What should I check before signing?
Read the whole agreement, even the small print. Then check:
- The rent matches the advertised rent.
- The start date is right.
- Bills. Which ones are included in the rent, and which you pay yourself.
- The deposit is no more than 5 weeks’ rent (6 weeks if the yearly rent is £50,000 or more).
- The deposit scheme. You will need its name later.
- Default fees. The only ones allowed are interest on rent that is at least 14 days late, and the cost of replacing a lost key or fob. They must be written in the agreement to apply.
- Rules on smoking, guests, subletting, decorating and pets.
- Who to contact for repairs and emergencies.
- Keep a copy. Keep the signed agreement, the written statement and any letters or emails from your landlord in one safe place. You may need them to check your notice period, get your tenancy deposit back or settle a dispute. A record of your rent payments is worth keeping too, and with rent reporting, your rent payments can appear on your Experian, Equifax and TransUnion credit files.
If something is unclear, ask before you sign. You can also ask Shelter or Citizens Advice to look at a term.
Your landlord cannot ask you for rent until you have both signed. After you sign, they can ask for up to 1 month’s rent in advance.
If you paid a holding deposit, it can go towards your deposit or first rent once you sign, if you agree.
Is there a tenancy agreement template?
There is no government template for the new rolling tenancies yet. The old model agreement was written for assured shorthold tenancies, and GOV.UK removed it in August 2026. If your landlord uses a template, check it against the lists above: no end date, no section 21 clause, no rent review clause, and every written statement item included.
What is a joint tenancy agreement?
If you sign one agreement with friends or a partner, it is usually a joint tenancy. This means:
- each of you is responsible for the whole rent, not just your share
- if one person does not pay, the landlord can ask the others to cover it
- one joint tenant can usually end the whole tenancy by giving notice, even if the others want to stay
- to stay on after one tenant leaves, the others usually need the landlord to agree to a new agreement
If you rent a room on its own agreement in a shared house, you are usually only responsible for your own rent.
Can I change my tenancy agreement?
Yes, if your landlord agrees. If you ask for a change, for example to add or remove a tenant, your landlord can charge you up to £50, or more if the real cost is higher. They must show you proof of a higher cost.
Your landlord cannot change the terms on their own. A rent rise must follow the section 13 process.
I rented before 1 May 2026. Do I need a new agreement?
No. Your agreement carries on with the new rules on top, and your landlord should have given you the Renters’ Rights Act Information Sheet by 31 May 2026. Our guide to assured shorthold tenancies explains what changed.
Common questions
Do I need a written tenancy agreement?
Your agreement can be spoken, but your landlord must give you the key terms in writing before the tenancy starts. Most landlords use a written tenancy agreement to do this.
How long does a tenancy agreement last?
A new private tenancy in England has no end date. It rolls on until you give notice, you and your landlord agree to end it, or your landlord ends it for a legal reason through the courts.
Can I end my tenancy agreement early?
You can end an assured periodic tenancy at any time with 2 months’ notice in writing. Your landlord can agree to a shorter notice period in writing.
What happens if my landlord does not give me the written terms?
Your landlord is breaking the law, and the council can fine them up to £7,000. Ask for the written statement in writing and keep a copy of your request. Your council’s private housing team can help.
Who keeps the original tenancy agreement?
You and your landlord should each have a signed copy. A digital copy, such as a signed PDF, is fine.
Where to get free help
- Shelter: free advice on tenancy agreements and your rights
- Citizens Advice: free advice on renting
- Your local council: the private housing team can act if your landlord breaks the rules
Sources
- GOV.UK, Assured periodic tenancies: a guide for tenants
- GOV.UK, Renters’ Rights Act: overview for tenants
- GOV.UK, The Renters’ Rights Act Information Sheet 2026
- GOV.UK, Tenant Fees Act 2019: guidance for tenants
- legislation.gov.uk, Housing Act 1988, section 16D
- legislation.gov.uk, Housing Act 1988, section 16I
- legislation.gov.uk, The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026
- GOV.UK, Assured tenancy forms for privately rented properties from 1 May 2026, read 9 October 2026
- The National Archives, Model agreement for a shorthold assured tenancy (archived GOV.UK page), removed from GOV.UK 5 August 2026, read 9 October 2026
- Citizens Advice, Preparing to rent from a private landlord
This guide is general information, not legal advice.