Key takeaways
- In England, landlords must give tenants a written statement of the key terms. A clear agreement is the easiest way to do that.
- Since 1 May 2026, new tenancies in England are periodic. There's no fixed end date, and tenants can leave with two months' notice.
- The Tenant Fees Act bans most charges. You can only take rent, a capped deposit, a capped holding deposit and a few set payments.
- Protect the deposit and give tenants the required documents on time. Otherwise you risk fines and could lose some possession grounds.
Why the agreement matters
A tenancy agreement is the contract between you and your tenant. It records what each of you has agreed to: rent, deposit, who repairs what, and the house rules. If there's ever a dispute with a tenant or the deposit scheme, or a case reaches court, this is the first document anyone will ask to see.
The law changed a lot in 2026. Under the Renters' Rights Act, assured shorthold tenancies in England became periodic assured tenancies, fixed terms ended and Section 21 was abolished. Templates written before 2026 often still contain clauses that are now unenforceable, so check yours against the current rules.
What to include
- 1
Parties and property
Full names of every landlord and adult tenant, plus the property address. Say which rooms, parking or storage are included, and whether the property is furnished.
- 2
Landlord address for notices
Section 48 of the Landlord and Tenant Act 1987 says you must give an address in England or Wales where tenants can serve notices. Until you do, rent isn't legally due.
- 3
Start date and tenancy type
The date the tenancy starts and that it's a periodic assured tenancy. You can't set a minimum term that locks the tenant in.
- 4
Rent and how it changes
The amount, when it's due, how it's paid and the rent period (usually monthly). Rent can only go up once a year using a Section 13 notice with at least two months' warning. Rent review clauses no longer apply.
- 5
Deposit details
The amount (no more than five weeks' rent if annual rent is under £50,000), which approved scheme protects it, and what you can deduct it for at the end.
- 6
Repairs and maintenance
Your duties under Section 11 of the Landlord and Tenant Act 1985 (structure, exterior, heating, hot water, sanitation), the tenant's duty to look after the property, and how to report problems.
- 7
Bills and council tax
Who pays energy, water, broadband, TV licence and council tax. If you include any bills in the rent, say which ones.
- 8
Access
You need to give at least 24 hours' written notice and visit at a reasonable time, unless it's an emergency. Tenants have the right to quiet enjoyment of their home.
- 9
Pets, smoking and subletting
Your rules on these. Tenants can ask to keep a pet, and you can't unreasonably refuse. You must reply in writing within 28 days.
- 10
Ending the tenancy
Tenants can leave with two months' notice. You can only end the tenancy using a valid Section 8 ground, such as selling the property, moving in yourself or rent arrears.
Documents tenants must receive
Gas safety record
A copy of the latest annual check before the tenant moves in, then within 28 days of each new check.
EICR (electrical report)
A copy of the latest report before the tenant moves in. You need a new report at least every five years.
Energy Performance Certificate
Rated E or above (unless an exemption is registered), given before the tenancy starts.
Deposit prescribed information
Scheme details, how to get the deposit back and how disputes are handled. Give this within 30 days of receiving the deposit.
Written statement of terms
Required in England under the Renters' Rights Act. A well-drafted tenancy agreement usually covers it.
Smoke and CO alarm checks
Not a document, but record that you tested the alarms on the first day of the tenancy and keep proof.
Allowed vs banned payments
| Allowed | Banned | |
|---|---|---|
| Rent | Yes, up to one month in advance once the agreement is signed | Asking for rent before signing, or months upfront |
| Tenancy deposit | Up to 5 weeks' rent (6 if annual rent is £50k+) | Anything above the cap |
| Holding deposit | Up to 1 week's rent, refundable | Keeping it without a valid reason |
| Late rent | Interest after 14 days late, at up to 3% above the Bank of England base rate | Fixed late-payment fines |
| Lost keys | The reasonable, evidenced cost of replacing them | Fixed or inflated charges |
| Changing the tenancy | Up to £50 (or reasonable costs) if the tenant asks | Renewal fees |
| Referencing / credit checks | — | Banned |
| Admin, check-in, inventory fees | — | Banned |
| Professional cleaning | Asking for the property back as clean as it was let | Requiring a paid professional clean |
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Get early accessClauses that won't stand up
Fixed terms and minimum stays
New tenancies in England are periodic. A clause that stops a tenant leaving with two months' notice can't be enforced.
Blanket 'no pets' bans
You have to consider each request and only refuse for a good reason, such as a lease that bans pets.
No benefits or no children
Since 2026 it's unlawful to refuse tenants because they receive benefits or have children.
Automatic rent rises
Fixed annual increases or index-linked clauses are replaced by the Section 13 process.
Unlimited landlord access
Clauses allowing entry without notice break the tenant's right to quiet enjoyment.
Unfair penalties
Under the Consumer Rights Act 2015, a clause that unfairly disadvantages the tenant, such as heavy penalties, isn't binding.
Move-in checklist, in order
Before advertising
Check the EPC (rated E or above), gas safety record and EICR are all valid.
Offer accepted
Take a holding deposit (max 1 week). Agree terms within 15 days unless you both agree to extend.
Before signing
Carry out Right to Rent checks and referencing (at your own cost).
Signing
Both sides sign the agreement and you give the tenant the written statement of terms.
Move-in day
Hand over the documents, test the alarms, complete the inventory with photos and record the meter readings.
Within 30 days
Protect the deposit and send the prescribed information.
FAQs
Do I legally need a written tenancy agreement?+
In England, under the Renters' Rights Act, you must give tenants a written statement of the key terms of the tenancy. A written agreement is the simplest way to do that.
Can I use a free template?+
Yes, but check it reflects the law from May 2026. Many older AST templates include fixed terms, rent review clauses or fees that are no longer allowed.
What is an AST?+
An assured shorthold tenancy. In England, existing ASTs became periodic assured tenancies under the Renters' Rights Act.
Can I write my own agreement?+
Yes. You don't need a solicitor, but the agreement can't override tenants' legal rights. Clauses that try to are unenforceable.
Can I include a break clause?+
No longer needed in England. Tenancies are periodic, so tenants can leave with two months' notice and you end a tenancy using Section 8 grounds.
Can I ask for six months' rent upfront?+
No. In England you can't ask for rent before the agreement is signed, and once it's signed you can ask for no more than one month in advance.
What if the tenant won't sign an updated agreement?+
Their existing terms continue, updated automatically by law. You can't evict a tenant for refusing to sign new terms.
Written and reviewed by the Simple Landlord Editorial Team
Last reviewed 21 October 2026. This guide is general information, not legal or tax advice.
Sources
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