Tenancy agreements can be complicated, but they exist to protect your rights. Here are the important things to look out for before signing.
Joe Wright
In this article
A tenancy agreement is a contract between you and your landlord, which outlines the rights and obligations for both parties. It sets out the rules for your right to occupy the accommodation, as well as your landlord’s right to receive rent for letting the property.
The tenancy agreement is one of the most important documents you'll sign during the renting process. However, it's rare for people to take enough time to check this contract.
This guide sets out what you need to know about tenancy agreements in England.
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Depending on your situation and what your landlord is offering, there are different types of tenancy agreement. Make sure you're aware what type of agreement you're signing:
Most tenancy agreements are an assured-shorthold tenancy agreement for a fixed term - usually six to 12 months.
A tenancy of property in England will probably be an AST save for certain excluded agreements which cannot be ASTs, for example, if the landlord lives in the property and the rent is in excess of £100,000 per year.
Your deposit must be protected by law under this agreement, and commonly the landlord will need to give you at least two months' notice to leave the property, which can only expire on or after the end of any agreed fixed term.
If you have an AST tenancy, you will either have a private landlord that you deal with directly, or a letting agent on behalf of the landlord.
You will receive an excluded tenancy agreement if you live with or share rooms with your landlord. If you've paid a deposit, the resident landlord isn't required to protect it and, depending on your agreement, there is typically no necessity for the landlord to serve notice.
This is a rare type of tenancy that is usually granted by housing associations. They offer more security, as the terms typically state you can continue to live in the property for the entire length of time initially agreed. The landlord doesn't have the automatic right to repossess the property when the term ends and could only serve notice if the tenancy terms are broken - for example, if the rent isn't paid.
If you're renting as a couple or group, the landlord could offer a joint-tenancy agreement.
Most tenancy agreements last for a year and normally no longer than three years – this offers the landlord a financial guarantee for a significant period of time and also gives the tenant enough freedom to leave the agreement if needed.
If you're a student or you're planning to move job or area in the not-too-distant future, then it's probably best to make sure you stick to a six-month or one-year agreement.
A break clause is also quite standard now, too. This allows the tenant and the landlord to end a fixed-term tenancy early.
Most ASTs are on a fixed-term tenancy to begin with. These types of tenancies lasts for a set time agreed by the landlord and tenant – typically between six months and a year or two.
You can only end a fixed-term agreement early if there is a break clause or if the landlord agrees you can move out. If you continue living in the property after the fixed term has ended and it hasn't been renewed, your tenancy will automatically become a periodic tenancy until one of you formally gives notice.
Otherwise known as a 'rolling' contract, a periodic tenancy runs month-to-month and typically begins after the fixed term has expired. All the same terms and conditions of the original agreement will apply.
To find out more on renewing your tenancy, read our guide to renting a home .
The following details should be in an assured shorthold tenancy (AST) agreement. If you can't find them, make sure you have the agreement checked by a legal specialist in lettings.
The terms of the agreement can normally only be changed if both you and your landlord agree. A new written document setting out the terms of the tenancy could be drawn up, or the existing contract can be amended.
You may be charged a fee for requesting a change in the tenancy agreement. The landlord cannot charge you if they instigated the change.
If you're on a fixed term, your tenancy agreement should say how much notice you need to give your landlord before you leave the property. You’re responsible for paying rent for your entire fixed-term tenancy.
Moving out without having to pay the remaining rent in your contract will depend on whether there is a break clause in your tenancy agreement, or if your landlord agrees to ending it.
A break clause can be added in when the tenancy agreement is first drawn up.
If you leave without an agreement, you'll be liable to pay the rest of the rent up to the end of the contract period, or until someone else starts renting the property.
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