Tenancy Agreement
A tenancy agreement is the contract between a landlord and a tenant that sets out the legal terms and conditions of the tenancy. It gives the tenant the right to live in the property and obliges them to pay rent and follow the agreed rules. The agreement can be written or verbal, but written agreements are strongly recommended because they provide clearer evidence of what was agreed.
A valid tenancy agreement will usually state things like. Who the landlord and tenants are, the address of the property, the rent and how it can be increased, the deposit and how it will be protected, what bills the tenant must pay, repair responsibilities, and how either side can end the tenancy, including the notice period. It cannot lawfully include terms that try to remove basic rights, for example protection from unlawful eviction or add banned charges beyond permitted payments.
Under the Renters’ Rights Act reforms, most private tenancies in England will move onto open-ended assured periodic agreements, with Section 21 “no-fault” evictions abolished and rules on rent increases, rent in advance, discrimination and redress strengthened. Tenancy agreements must be updated to reflect this new regime, but they remain subject to housing law.
The government has published details in January 2026 of what landlords must put into new tenancy agreements under the Renters’ Rights Act.
Landlords have been told they are being given time to prepare and although its new guidance document has been published as a draft and “may change”, it is thought this would be unlikely.
The statement can be in a written agreement or given separately to a tenant, and must include:
The landlord(s)’ names
The tenant(s)’ names
The property address
The date the tenant can first occupy the property
The rent amount
The date rent is due
Any bills that are included in the rent
Any bills payable to the landlord that are in addition to the rent (ie. for utilities)
The deposit amount if one is being taken.
While most tenancy agreements include these as standard, but it is also worth considering the following requirements too:
The notice period a tenant must give to terminate the tenancy
That the landlord can normally only end the tenancy by obtaining and executing a possession order
That the landlord must usually serve a notice seeking possession before commencing proceedings
That the notice period on a notice for possession will vary depending on the grounds being cited
That s11, Landlord and Tenant Act will apply and the repairing obligations that it covers (this is not required in the rare cases that it is not applicable)
That s9A, Landlord and Tenant Act will apply and that the property must be fit for human habitation (also not required in the rare cases that it is not applicable)
A summary of the obligations imposed on landlords by the electrical and gas safety regulations
A summary of the landlord’s obligations to allow tenants to make reasonable adaptations for disability under the Equality Act
A summary of the new pet provisions
If the tenancy is granted as supported accommodation, then that needs to be explained as well.
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