Tenancy agreements — What landlords need to include

This guide explains what a tenancy agreement must contain, which clauses are legally enforceable, and how the Renters’ Rights Act changes tenancy agreements from 1 May 2026. Reviewed March 2026, scoped to England.

What the rule is

There is no statutory requirement in England for a tenancy agreement to be in writing — an oral tenancy is legally valid. However, a written agreement is the foundation of any well-managed tenancy. It records the agreed terms, evidences what both parties consented to, and is essential if any dispute arises.

An Assured Shorthold Tenancy (AST) — the most common residential tenancy type in England — is governed by the Housing Act 1988, as amended. Any clause in a tenancy agreement that conflicts with statute is void and unenforceable. The law overrides the contract, not the other way around.

The government publishes a free model tenancy agreement that is regularly updated to reflect current law. It is a sensible starting point, though many landlords and agents use a more detailed version prepared by a solicitor or provided by a landlord association.

When it applies

A tenancy agreement governs the relationship from the moment a tenancy begins. Its terms apply throughout the tenancy, including any continuation after a fixed term expires. From 1 May 2026, under the Renters’ Rights Act, all new and existing tenancies automatically become periodic tenancies — fixed-term ASTs are abolished. Landlords should review their standard agreements to ensure they reflect this.

What landlords must include

Every tenancy agreement should cover the following as a minimum:

• Names of all parties — full legal names of all landlords and all adult tenants
• Property address — full address including postcode
• Start date — the date the tenancy begins
• Rent amount — the monthly (or weekly) rent and the date it is due
• Rent review clause — how and when rent can be increased (must comply with section 13 Housing Act 1988 for periodic tenancies; from 1 May 2026 only one increase per year is permitted)
• Deposit amount — the amount held and which government-approved scheme it is protected in
• Tenant obligations — to pay rent, use the property in a tenant-like manner, not sub-let without consent
• Landlord obligations — to maintain the structure and exterior, keep installations in repair (section 11 Landlord and Tenant Act 1985)
• Permitted use — residential use only
• Pets clause — from 1 May 2026, landlords cannot unreasonably refuse a tenant’s request to keep a pet
• Notice provisions — how either party serves notice (post-RRA: tenants give 2 months’ notice, landlords must use a valid ground)

What evidence to keep

• A signed copy of the tenancy agreement (both parties should retain a copy)
• Proof of delivery of all required documents at the start of the tenancy (see the written information guide)
• Any deed of variation or addendum if terms change during the tenancy
• Correspondence confirming any verbal agreement or subsequent changes

Common mistakes

Using an outdated template. Old AST agreements may reference section 21 notices and fixed-term provisions that no longer apply after 1 May 2026. Always use an up-to-date agreement.

Including unenforceable clauses. Clauses banning all pets outright, restricting benefit claimants, or charging prohibited fees are unenforceable and may expose you to penalties.

Not listing all adult occupiers. If an adult living in the property is not named on the agreement, enforcing the tenancy against them is far harder.

Failing to update the agreement when terms change. A verbal agreement to change the rent or allow a new occupier is not enough — always document changes in writing and have both parties sign.

Assuming the model agreement covers everything. The gov.uk model agreement is a useful starting point but may not cover specific situations such as HMOs, furnished lettings, or properties with gardens.

FAQ

Does a tenancy agreement have to be in writing? No — an oral tenancy is valid in law. But without a written agreement, proving what was agreed is almost impossible. Always use a written agreement.

Can I use my own template rather than the gov.uk model? Yes. There is no requirement to use the government’s model agreement. You can use any written agreement provided it complies with current housing law.

What happens if a clause in my agreement breaks the law? That specific clause is void and unenforceable. The rest of the agreement remains in force unless the illegal clause is so fundamental that it undermines the whole contract.

Can I add a clause preventing a tenant from keeping pets? From 1 May 2026, under the Renters’ Rights Act, landlords cannot impose a blanket ban on pets. You can still decline a specific request to keep a specific pet if you have reasonable grounds — but a standard “no pets” clause will not be enforceable.

Do I need a solicitor to draft the agreement? No. Many landlords use templates from landlord associations or the gov.uk model. A solicitor is worth consulting for complex arrangements, HMOs, or high-value properties.

What is a deed of variation? A deed of variation is a formal document that records an agreed change to the original tenancy agreement, signed by both parties. It is more legally robust than a letter or email confirming a change.