Quick take: A tenancy agreement is a legal contract. Signing without reading it can leave you responsible for costs you did not expect, or subject to rules you did not agree with. With major changes coming under the Renters Rights Act, understanding your agreement is more important than ever.
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The Basics to Confirm
Before looking at the detail, confirm the fundamentals:
Your full name and the landlord's full name and address (a legal requirement)
The full address of the property
The monthly rent amount and the date it is due
The deposit amount and which government-approved scheme it will be protected in (DPS, MyDeposits, or TDS)
The tenancy start date and whether it is a fixed term or periodic
If the landlord has not told you which deposit scheme they are using, ask. Landlords in England are legally required to protect your deposit within 30 days. Failure to do so means they cannot serve a valid Section 21 notice and you may be entitled to compensation of one to three times the deposit amount.
1. Break Clauses
A break clause allows either party to end a fixed-term tenancy early. Not all agreements include one. Without a break clause, you are generally liable for rent until the fixed term ends, even if you want to move out early. Check whether the break clause applies to both parties or only the landlord.
2. Repair Responsibilities
Under the Landlord and Tenant Act 1985, landlords are responsible for structural and exterior repairs, and for keeping water, gas, electricity, heating, and sanitation in working order. However, tenancy agreements sometimes shift additional responsibilities to the tenant: garden maintenance, gutter clearing, or annual boiler servicing. Know what you are agreeing to.
3. End-of-Tenancy Cleaning
Some agreements require professional cleaning at the end of the tenancy. A clause requiring you to use a specific cleaning company at a fixed price may be considered an unfair term under the Consumer Rights Act 2015. The key principle: you should not be required to return the property in a better condition than you received it.
4. Subletting and Guests
Most agreements prohibit subletting without the landlord's written consent. Some also restrict overnight guests. Check these terms, particularly if you plan to have a partner stay regularly.
Changes Coming Under the Renters Rights Act
The Renters Rights Act, expected to take effect from mid-2026, will bring significant changes:
Fixed-term assured shorthold tenancies replaced by periodic tenancies
Section 21 "no-fault" evictions abolished
Tenants able to leave with two months' notice at any time
These changes mean the terms in your agreement will continue to apply for as long as you remain in the property, making it even more important to understand what you are signing.
FAQ
Can I ask for changes to the agreement?
Yes. A tenancy agreement is a contract, and both parties can negotiate terms before signing. Landlords are not obliged to agree to changes, but it is reasonable to raise concerns about clauses you find unfair or unclear.
What if my deposit is not protected?
If your landlord does not protect your deposit within 30 days in a government-approved scheme, you can apply to the county court. The court can order the landlord to protect it and may award you compensation.
Disclaimer: This article is general information, not financial, tax, or legal advice.
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