Daniel O'Connor
A tenancy agreement is the document that decides how the next year of your life works. It sets out what you pay, what your landlord must fix, how much notice you need to give and what happens if things go wrong. Estate agents often wave it at you on moving day with a pen and a tight schedule, which is exactly why you should ask for a copy in advance and read it properly. Twenty minutes now saves months of friction later.
The basics: names, dates and money
Start with the front page and check that the fundamentals are right. Mistakes here are common and annoying to fix later.
- Who is named. Every adult living there should be a named tenant, not an "occupant" or "permitted occupier". Named tenants have rights; occupiers generally do not. If your partner or friend is moving in, they should be on the contract.
- The property. Full address, and whether you are renting a whole flat or a room with shared facilities. A room-only tenancy gives you far fewer rights over the rest of the building.
- Dates. The start date, the length of the fixed term and whether it becomes a monthly rolling tenancy afterwards. Check the date matches when you actually get the keys.
- The money. Rent amount, how often it is due, which day it leaves your account, and what the deposit is. In England, deposits are capped at five weeks' rent for most tenancies; in Scotland and Wales the rules differ. Ask which deposit protection scheme is being used and when you will receive the prescribed information — you should get this within 30 days.
- Bills and council tax. Be clear about what is included and what is not, especially if bills are "included" but capped at a figure you have not seen.
Repairs, safety and who pays for what
Landlords are legally responsible for the structure and exterior of the building, the heating and hot water, gas safety, electrical safety and the fabric of the property. No clause in a contract can take that away, however cleverly it is worded. You are responsible for keeping the place reasonably clean, reporting problems promptly and not damaging things.
Read the repair clauses carefully for anything that shifts normal wear and tear onto you. Watch for wording about the garden, gutters, appliances, pest control, or "the tenant shall maintain the property in good condition" — that phrase is far too broad. Look for how to report repairs, how quickly the landlord must respond, and whether you can arrange a repair yourself and deduct the cost in an emergency. Keep every repair request in writing, even if you also phone.
Pets, guests and other restrictions
Restrictions are where tenancy agreements get surprisingly detailed, and where you can accidentally breach a term.
- Pets. A blanket ban may not be enforceable in every part of the UK, but the practical reality is that keeping a pet against a clear prohibition creates a dispute you will probably lose. Ask for written permission, and expect a pet clause with conditions.
- Guests. Check whether there is a limit on how long a guest can stay. A clause barring anyone staying more than a fortnight is common and worth knowing before your family visits.
- Subletting and lodgers. Usually forbidden without written consent. Do not assume you can rent out a spare room.
- Everyday things. Smoking, decorating, hanging pictures, working from home, running a business, keeping a bike in the hallway, installing a doorbell camera. If something matters to you, get it agreed in writing before you sign.
Rent increases and how they can happen
During a fixed term, your rent normally cannot rise unless the agreement contains a specific clause allowing it. That clause should say how much, when, and how much notice you get. A vague phrase like "rent may be reviewed periodically" is worth questioning.
Once you are on a rolling tenancy, the position depends on where you live. In England, most increases now follow a formal notice procedure and can generally happen once a year, with the proposed figure challenged if it is above market rate. Scotland, Wales and Northern Ireland each have their own rules and notice periods. Whatever applies to you, write down when the next increase can legally take effect so you are not caught out.
Notice periods and ending the tenancy
Look for three things: how you can leave early, how the landlord can end the tenancy, and what happens at the end of the fixed term.
- A break clause. This lets either side end the tenancy before the fixed term finishes, usually after four or six months with one or two months' notice. Without one, you are committed for the full term unless the landlord agrees to release you.
- Landlord's notice. Check the grounds and the notice period stated. This is the single most important clause to understand, because it affects how secure your home really is.
- Your notice. Note the exact notice period and the date it must be given by. Missing it by a day can cost you an extra month's rent.
- Deposit return. The agreement should explain the process and timescales, and confirm the deposit is protected in a government-approved scheme.
Your checklist before signing
Ask for the agreement at least 48 hours before signing. Read it once for the money, once for the repairs, and once for the restrictions. Highlight anything unclear and email your questions so you have a written answer. Check that the tenancy type and your legal rights are correct, that the deposit is protected, and that you have the gas and electrical safety certificates and an energy performance certificate. Never sign a blank or incomplete document, and never accept "we'll sort that later" on something that matters to you. If a clause genuinely troubles you, ask for it to be changed — it is far easier to negotiate before your signature is on the page.
