Tenancy Agreement Basics

The vast majority of private residential tenancies in England are Assured Shorthold Tenancies (ASTs). An AST is the default type of tenancy that arises when a private landlord lets a residential property to an individual at a market rent. The Housing Act 1988 governs ASTs.

Other types of tenancy include:

• Assured tenancies: Provide stronger security of tenure — the landlord cannot evict without a specific legal ground. These are rare in the private sector now but common in social housing.
• Regulated tenancies (Rent Act tenancies): Pre-1989 tenancies with strong security and rent controls. Very few still exist.
• Excluded tenancies: Where you share living accommodation with your landlord (for example, a lodger arrangement). These have fewer legal protections.
• Company lets: Where the tenant is a company rather than an individual. These cannot be ASTs and sit outside the standard residential framework.

The Renters' Rights Bill, passed in 2025, abolishes fixed-term ASTs and creates a single system of periodic tenancies with additional tenant protections. Check current government guidance for the latest position on its implementation.

While there is no single prescribed form for a tenancy agreement, a well-drafted agreement should include:

• The names of the landlord and all tenants
• The address of the rented property
• The start date and (for fixed-term tenancies) the end date
• The amount of rent, how it should be paid, and when
• The deposit amount and which deposit protection scheme it is held in
• Details of any permitted rent increases and the process for implementing them
• The notice periods for ending the tenancy
• Which utilities (if any) are included in the rent
• Rules about pets, subletting, and alterations to the property
• Who is responsible for which repairs

Your landlord must also provide a copy of the current Energy Performance Certificate (EPC), a gas safety certificate (if applicable), the government's "How to Rent" guide, and details of the deposit protection scheme used — all before or at the start of the tenancy.

Certain rights and obligations apply to all tenancies in England by law, regardless of what the tenancy agreement says. These implied terms include:

• Landlord's duty to repair: Under sections 11–16 of the Landlord and Tenant Act 1985, landlords must keep the structure and exterior of the property in repair, and keep installations for water, gas, electricity, and sanitation in working order.
• Quiet enjoyment: You have the right to occupy your home without interference from the landlord, except for legitimate access for inspections or repairs (usually with 24 hours' written notice).
• Fitness for habitation: The Homes (Fitness for Human Habitation) Act 2018 requires landlords to ensure properties are fit to live in at the start of, and throughout, the tenancy.
• Deposit protection: Any deposit must be protected in a government-approved scheme within 30 days of receipt.

Terms in the agreement that seek to remove these rights are unenforceable and may be treated as unfair contract terms under the Consumer Rights Act 2015.

The Consumer Rights Act 2015 protects tenants against unfair terms in tenancy agreements. A term is unfair if it creates a significant imbalance in the parties' rights and obligations to the detriment of the tenant. Unfair terms are not binding on you even if you signed the agreement.

Examples of terms that may be found unfair or unenforceable include:

• Clauses allowing landlords to enter without giving reasonable notice
• Charges for routine inspections or administrative tasks not permitted under the Tenant Fees Act 2019
• Terms prohibiting you from having visitors
• Blanket bans on having children (these may also constitute discrimination)
• Clauses requiring you to clean professionally at the end of the tenancy regardless of the property's condition at the start

The Tenant Fees Act 2019 also bans landlords and letting agents from charging tenants any fees except: rent, a refundable security deposit (capped at 5 weeks' rent), a refundable holding deposit (capped at 1 week's rent), and a small number of permitted charges for defaults.