A tenancy agreement is a legal contract between you and your landlord. It sets out what each of you must do. Many tenants never read it properly, and some
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A tenancy agreement is a legal contract between you and your landlord. It sets out what each of you must do. Many tenants never read it properly, and some landlords include terms that are not actually enforceable. This guide walks you through what the key clauses mean and what to look out for.
You do not have to accept every clause
Landlords can write whatever they like into a tenancy agreement, but not every term is legally binding. If a clause contradicts a law, such as the Landlord and Tenant Act 1985 or the Housing Act 1988, it cannot be enforced against you, even if you signed the agreement. You cannot sign away your legal rights.
The parts of a tenancy agreement
Parties
This section names you (the tenant) and your landlord. It should include full names and addresses. If you are a joint tenant, all tenants should be named.
Property description
This describes the property you are renting. Check it matches the address you were shown. It may also list what is included, for example, a garden, garage, or parking space. If an outbuilding or parking space was promised verbally but is not listed, ask for it to be added before signing.
Rent
This states the amount, when it is due, and how it should be paid. Check:
- Is the frequency correct (weekly, monthly, four-weekly)?
- Is there a review clause, and does it say how and when rent can be increased?
- Does it say what happens if you miss a payment?
Tenancy type and length
Most private tenants have an assured shorthold tenancy (AST). Social tenants may have a secure tenancy or an assured tenancy. The agreement should say which type it is.
If there is a fixed term (for example, 12 months), check the start and end dates. After the fixed term ends, most tenancies continue as a periodic tenancy unless you or the landlord serves a notice.
Deposit
The agreement should state the deposit amount and which government-approved deposit protection scheme holds it. Landlords are legally required to protect your deposit within 30 days and provide prescribed information about the scheme. If they do not, you can claim compensation.
Repairs and maintenance
The landlord's repairing obligations are set by law under Section 11 of the Landlord and Tenant Act 1985. These cannot be removed by the tenancy agreement. The agreement may also set out what you are responsible for, usually small things like changing light bulbs and keeping the property clean.
Some agreements try to make tenants responsible for things that are actually the landlord's duty (such as boiler servicing or roof repairs). These clauses are unenforceable.
Access for repairs
Your landlord has the right to enter the property for repairs, but must give you at least 24 hours' written notice and must visit at a reasonable time, unless it is a genuine emergency. A clause saying the landlord can enter whenever they like is not enforceable.
Notice periods
The agreement should say how much notice each party must give to end the tenancy. For a fixed-term tenancy, the landlord cannot usually end it early unless there is a break clause. For periodic tenancies, the minimum legal notice periods apply.
Permitted use
This says the property must be used as a private home. It will typically ban running a business from the property, subletting without permission, or keeping pets, though the Renters' Rights Act 2025 now restricts blanket pet bans.
Alterations
Most agreements ban making changes to the property (painting, drilling, removing fixtures) without written landlord permission.
Inventory and condition
Some agreements reference a separate inventory. The inventory is a record of the condition of the property when you move in. Sign it only if it is accurate, or add your own notes before signing. Take your own photos on the day you move in.
What if a clause seems unfair?
If a clause requires you to pay for repairs that are legally the landlord's responsibility, or restricts rights you have by law, you can challenge it. Unfair terms in consumer contracts may also be unenforceable under the Consumer Rights Act 2015.
If you are unsure whether a term is enforceable, you can ask Citizens Advice or a housing solicitor.
Common mistakes when signing
- Not reading the whole agreement, some problematic clauses are buried at the end
- Signing before the inventory is ready, always sign both together
- Not getting confirmation of verbal promises, if the landlord says something (pets allowed, parking included), get it in writing
- Not understanding the notice period, know how long you need to give before you can leave
If the property is already in disrepair
If you move into a property that already has disrepair, damp, a broken boiler, structural problems, your landlord may be liable for that too, even if you signed the tenancy agreement in that condition. Signing does not waive your right to a habitable home.
When should I contact Support for Tenants?
If your home has disrepair and your landlord is ignoring it, we can help you make a claim, regardless of what your tenancy agreement says about repairs. Call us on 0800 030 4669.
No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.
Sources
- Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
- Consumer Rights Act 2015 (unfair terms) (legislation.gov.uk)
Related articles
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 15 June 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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