Tenancy conditions

Tenancy conditions are the contractual and legal terms that govern a private tenancy between you and your residential tenants. They are set out in the written tenancy agreement, but many important conditions are also implied by law and the Renters’ Rights Act.

Express conditions cover things like rent and rent payments, how long the assured tenancy lasts, rules on pets and smoking, use of the property, and any all inclusive rent arrangements. Implied conditions include your repairing duties under Section 11, the duty to keep the home fit for human habitation, emerging duties under Awaab’s Law, and compliance with national rental standards.

Financial conditions must follow the rules on permitted payments, tenancy deposit caps and protection, holding deposit handling and late rent interest. Evidence based clauses on condition at move-in and move-out should align with your inventory and schedule of condition, not with blanket “professional cleaning” or penalty charges.

Unfair or unclear tenancy conditions may be unenforceable and can count against you with the Private Rented Sector Ombudsman, on the PRS Database, or in possession claims based on possession grounds. Professional landlords regularly review their conditions to ensure they are lawful, balanced and consistent with modern PRS regulation.

Also see our landlord blog articles.