Your written tenancy agreement: What it must include and what to check
Most tenants receive a tenancy agreement, flick through it, and sign at the bottom without reading much of it. That is understandable. They run to many pages, the language can be dense, and the pressure to sign quickly before someone else takes the property is real. Rental bidding is now banned, so landlords cannot invite or accept offers above the advertised rent, which should ease some of that pressure. A tenancy agreement is still the legal foundation of your home, and taking thirty minutes to read it properly before signing could save you significant difficulty later. More importantly, since the Renters’ Rights Act took effect on 1 May 2026, there are specific things your landlord must tell you, and a handful of things that might appear in an agreement but are no longer enforceable, regardless of what they say.
What the law now requires: the written statement of terms
Since 1 May 2026, landlords in England must give tenants a written statement of terms before the tenancy is agreed. This can be included in the tenancy agreement itself or provided as a separate document. Failure to provide it carries a potential fine of up to £7,000.
The statement must include the landlord’s name and contact address, which matters because you have a legal right to know who your landlord is and how to reach them. It must also set out your name, the address of the property, and the date the tenancy starts. It must state the rent, how it is to be paid, and the period of the tenancy, whether monthly, weekly, or otherwise.
Beyond those basics, the statement must cover the key rights the Renters’ Rights Act introduced. It must explain that rent can only be increased through a Section 13 notice, and it must give the minimum notice the tenant must give to end the tenancy. It must confirm that the landlord can only end the tenancy by obtaining a court possession order, and that the landlord must keep the property fit for human habitation. It will also cover your right to request a pet. The statement is a summary of these key terms. It does not list every possession ground or set out the full possession process.
The deposit works slightly differently. The statement should refer to the deposit, but the amount and the protection scheme details must also be given in the separate deposit “prescribed information”, due within 30 days of payment. If you are a full-time student in an HMO, note that landlords wanting to use the student possession ground (Ground 4A, for student HMO lets) must tell the tenant in writing before the tenancy starts.
What to check before you sign
Read the names and address section carefully. It sounds obvious, but errors in basic details create complications that can be difficult to unpick later. Check that the rent figure, the payment date, and the payment method are all correct. Confirm that any agreed furnishings or inclusions are listed in an inventory and schedule of condition attached to the agreement, and make sure it is agreed and signed at check-in.
Look for any clauses that may now be void. Rent can now only be increased once a year using a Section 13 notice with two months’ notice. A rent review clause can’t be used. If yours still includes one, the agreement is not invalid, but that clause has no legal effect.
Similarly, any clause describing a fixed term or imposing conditions around end dates no longer applies, as all assured tenancies are now periodic. Tenants can end the tenancy by giving two months’ notice at any time.
A blanket prohibition on pets, stated as a non negotiable condition, is also unenforceable. You still need to make a written request, but the landlord cannot unreasonably refuse it and must respond within the set timeframe.
Other terms are also void or unlawful. These include fees banned under the Tenant Fees Act 2019, a requirement to pay rent in advance above one month, and any ban on tenants with children or tenants who receive benefits.
Pay attention to the section on repairs and maintenance. Your landlord has a legal duty to keep the structure and exterior of the property in repair, and to maintain the heating, hot water, and sanitation installations. Any clause that attempts to shift those responsibilities to you, or that requires you to carry out structural repairs, would not stand up legally. What you can reasonably be asked to do is keep the property clean and in the condition in which you received it, fair wear and tear excepted, notify your landlord of any defects promptly, and not make alterations without permission.
What you can do if something looks wrong
A clause that contradicts your legal rights does not become enforceable simply because you signed it. The law takes precedence over the contract in those areas. That said, if you spot something that concerns you before signing, raise it with the landlord or letting agent and ask for it to be corrected. If they are unwilling to amend a clause that appears to remove a right you are legally entitled to, that tells you something important about the landlord you are about to enter into a relationship with.
If you are unsure whether a specific clause is lawful, Citizens Advice and Shelter both offer free guidance for private renters. Your council’s private housing team can also take enforcement action where a landlord breaches the rules. You do not need to seek legal advice for routine tenancy agreements, but it is worth knowing these services exist before you need them.
If your tenancy began before 1 May 2026, you should have received the government’s Information Sheet by 31 May 2026.
The agreement should work for both of you. If it only seems designed to protect one party, it is worth pausing before you sign.
Questions about your tenancy? Talk to our lettings team today