For renters

What should I check in a tenancy agreement before I sign it?

Guide · about 12 min read · Covers the law in England as at November 2026 · Last checked on 4 November 2026

Start with the terms that have no effect however they are drafted: a fixed term and a clause that raises the rent by itself. Then look separately at a blanket ban on pets, which is not in that category: it does not take away the implied right to ask for consent, and consent is not to be unreasonably refused, but consent can still be refused on reasonable grounds. Then check every payment the agreement asks for against the list of permitted payments in Schedule 1 to the Tenant Fees Act 2019, and check that the deposit clause matches the landlord's duty to protect it. Under section 16D of the Housing Act 1988 the landlord must also give you a written statement of the tenancy's terms, generally before the tenancy is entered into, and that statement can be the written agreement itself, but only if the agreement actually contains the prescribed terms and information.

This guide is about an agreement for a new assured tenancy of a home in England, entered into on or after 1 May 2026, which is what most private lettings now are. The rules below come from the changes commenced on that date for assured tenancies that are not social housing assured tenancies.

If the tenancy you are being asked to sign for already existed before that date, Schedule 6 to the Renters' Rights Act 2025 holds several of these changes back from it: paragraph 11 for the deposit amendments, paragraph 12 for the Tenant Fees Act amendments, each for a tenancy that was an assured tenancy other than an assured shorthold immediately before 1 May 2026, and paragraph 7 treating an existing written tenancy differently from an existing oral one for the information duties. None of those are answered here, and they are worth putting to an adviser. It is for general information and is not a substitute for legal advice on your own situation.

Can my tenancy agreement have a fixed term?

No, a term in an assured tenancy agreement that provides for it to be a fixed term tenancy is of no effect. This is the result of section 4A of the Housing Act 1988, which was inserted by the Renters' Rights Act 2025. Your tenancy will instead be a periodic tenancy from the start, with the periods of the tenancy matching the periods for which you pay rent. The law also says that a term making the tenancy periods different from the rent periods is of no effect.

Under the same section 4A, each rent period must be 28 days or shorter, or a monthly rent period, which section 4A(8) allows to begin with a different first period not exceeding 30 days. If your agreement sets a rent period outside that, section 4A(5) gives the tenancy monthly periods running from its first day and section 4A(6) recalculates the monthly rent as the original rent divided by the number of days in the original period, multiplied by 30.42. The tenancy then rolls from one period to the next. You can end it by giving notice, and both sides can agree to end it by surrender. What a landlord cannot do is end it unilaterally by notice: without your agreement they have to rely on a statutory ground for possession, serve the notice that ground requires, and obtain an order from the court. You can learn more about what a periodic tenancy is in our guide.

Can my landlord increase the rent just by putting it in the agreement?

No, a rent review clause in your agreement that provides for an automatic rent increase has no legal effect. Section 13(4A) of the Housing Act 1988, inserted with effect from 1 May 2026, states that the rent for one period cannot be higher than the rent for the previous period except by one of four routes: a notice under section 13, an agreement under section 13(4)(b) reached after such a notice, a determination by the tribunal under section 14, or a written agreement after a determination where the agreed rent is lower than the amount the determination would produce. Any provision in the agreement that tries to increase the rent in a later period otherwise is of no effect.

For a landlord to increase the rent, they must serve you a formal notice under section 13 of the Act. Under section 13(2)(a) the new rent cannot take effect earlier than two months after the notice is served, and section 13(2)(b) and (c) add a second date it cannot take effect before. Where the rent has not been increased before, that date is 52 weeks after the first period of the tenancy began. Where it has, it is the appropriate date under section 13(3A), which is 53 weeks after the last increase in the cases that subsection describes and 52 weeks in any other case. An assured agricultural occupancy uses an anniversary instead. In most cases the effect is that the rent can be increased only once a year.

If you receive a notice and you believe the proposed rent is not a market rent, section 14(A3) gives you the right to apply to the appropriate tribunal, and section 13(4)(a) requires you to do so before the beginning of the new period specified in the notice.

What payments can a tenancy agreement legally ask for?

A tenancy agreement can only require you to make payments that are permitted by the Tenant Fees Act 2019. Section 1 of the Act states that a landlord must not require you to make a prohibited payment, and the list of permitted payments is in Schedule 1. Section 1(3) adds a prohibition that is not about a payment at all: a landlord must not require you to enter into a contract with a third party for a service or of insurance in connection with the tenancy, so a clause can be caught even though no price is named in it. Section 1(4) excepts a contract for the provision of a utility to you or of a communication service to you, so a clause requiring those is not caught by section 1(3). There is more on what a landlord can and cannot ask you for in our guide.

The permitted payments are rent, a tenancy deposit, a holding deposit, certain default payments, damages for breach, council tax, utilities, a television licence and communication services. The tenancy deposit is capped at five weeks' rent if your total annual rent is under £50,000, or six weeks' rent if it is £50,000 or more. A holding deposit is capped at one week's rent.

For an assured tenancy, a key rule in paragraph 1(1A) of Schedule 1 is that any rent payable before the tenancy is entered into is a prohibited payment.

A default payment is permitted only where the tenancy agreement requires it, and only in two cases: a lost key or other security device such as a fob, limited to the landlord's reasonable costs and evidenced in writing, and rent still unpaid 14 days after it was due, limited to interest at an annual rate of 3% above the Bank of England base rate, calculated for each day the rent is outstanding. A payment is also permitted where you ask to change the tenancy, capped at the greater of £50 or reasonable costs, or where you ask to leave without giving the notice the tenancy requires, which is capped at the landlord's loss, or at a letting agent's reasonable costs where it is the agent being paid.

Damages for breach of the agreement are a separate category and are not a contractual default charge.

Rent before the tenancy starts has its own rules. Paragraph 1(1A) of Schedule 1 makes rent payable before the tenancy is entered into a prohibited payment. Section 4B of the Housing Act 1988 then allows the initial rent to be required in the permitted pre-tenancy period, which runs from entering into the tenancy to the day before it starts. The initial rent is the rent for the first rent period together with any later rent period ending within the first 28 days, so one month's rent where rent is payable monthly, and the 28 day limb is what does the work where rent is payable more often than monthly.

After the tenancy starts, section 4B(1) makes a term of no effect so far as it provides for rent to be due in advance, meaning due before the rent period it is payable for, and section 4B(3) to (5) substitute a rent day inside that period instead. Section 4B(2) excepts a tenancy entered into before 1 May 2026, social housing let by a private registered provider, and a tenancy granted pursuant to Part 7 of the Housing Act 1996. GOV.UK's guidance for tenants describes that last one as a tenancy the council arranged because you were legally homeless, and the statutory test is the grant pursuant to Part 7 rather than council involvement by itself.

Paragraph 1A of Schedule 1 is a separate rule that also keeps working once the tenancy has started, so a front loaded payment schedule is not cured by the tenancy having begun. It makes the excess a prohibited payment where the rent for an earlier period is higher than for a later one. It carries three qualifications: paragraph 1A(8) compares only periods beginning within the first year, paragraph 1A(5) adjusts a later period of a different length to a proportionate figure, and paragraph 1A(6) disregards a difference resulting from a variation under a term of the agreement or from a change the parties agreed after it was entered into.

What should the agreement say about my tenancy deposit?

The agreement should reflect the landlord's legal duties to protect your deposit in a government-authorised scheme. Section 213 of the Housing Act 2004 requires a landlord who receives a tenancy deposit to protect it with an authorised scheme within 30 days of receiving it. Within the same 30 day period, the landlord must also give you, and anyone who paid the deposit on your behalf, the prescribed information about the scheme, the landlord's compliance with it and how these rules work.

It is important to check that your agreement does not contain any clauses that attempt to contradict these duties. Section 213(9) of the Housing Act 2004 makes it clear that the landlord's duties to protect the deposit and provide the information apply despite any agreement to the contrary, which reaches a separate side agreement as well as a term in the tenancy agreement itself. So even if the agreement said something different, the landlord would still be bound by the law.

Can my tenancy agreement ban pets completely?

No, not in an assured tenancy outside social housing. A new section 16A of the Housing Act 1988, inserted by the Renters' Rights Act 2025, creates an implied term in your tenancy agreement. This term means you have the right to keep a pet with the landlord's consent, and the landlord cannot unreasonably refuse that consent.

To exercise this right, you must make a request in writing, which under section 16B must describe the pet you want to keep. Section 16A then requires the landlord to give or refuse consent in writing on or before the 28th day after the date of the request.

Two of the three extensions depend on the landlord acting inside that 28 days. If they reasonably ask you for more information on or before the 28th day, they may delay until the 7th day after you provide it, and if you do not provide it they are not required to give or refuse consent at all. If the terms of a superior tenancy require a superior landlord's consent and they seek it on or before the 28th day, they may delay until the 7th day after they receive that consent or refusal. Needing superior consent without seeking it in time is not an extension. The third route is different: under section 16A(4) you and the landlord can agree that they may delay until a date you agree, and that agreement is not tied to the 28 days.

What is the written statement of terms my landlord must give me?

It is a statement of the key terms of your tenancy, and it can be the written tenancy agreement itself rather than a separate document, but only if that agreement actually contains the prescribed terms and information. A written contract that leaves items out does not satisfy section 16D just by existing. This duty is set out in section 16D of the Housing Act 1988. For most new tenancies, the landlord must give you this written statement before the tenancy is entered into, which is when the agreement is made and not when you move in.

The terms it must contain are specified in regulations: the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026, S.I. 2026/324. Regulation 2 applies the Schedule to an assured tenancy that is not a social housing assured tenancy, and Part 1 of that Schedule lists eighteen items, including the parties' names, an address for notices, the rent and when it is due, how the rent can be increased, the deposit, notice to quit periods, security of tenure, repairing and safety duties, pets and supported accommodation. Receiving a document is not the same as receiving one that covers all eighteen, so the Schedule is the list to read it against.

The purpose of the statement is to ensure you have a clear record of the main terms of your tenancy from the very beginning. The landlord may also use this statement to give you notice of their wish to recover possession on certain grounds if that becomes necessary later. If the landlord has contracted with someone to ensure compliance with section 16D, that person is bound by the same duty to give the statement.

What if a term in the agreement seems unfair?

A term in a tenancy agreement that is unfair is not legally binding on you. This protection comes from section 62 of the Consumer Rights Act 2015, and it applies where the agreement is a consumer contract, that is one between a trader and a consumer. Under section 62(4), a term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract, to your detriment. For example, a term that gives the landlord excessive rights to enter your home without notice, or imposes disproportionate penalties, could be unfair.

However, you can still choose to rely on an unfair term if you wish, as stated in section 62(3). It is very important to understand that whether a particular term in your specific agreement is legally unfair is a question for a court to decide. This article cannot answer that question for you. If you are concerned about a specific clause, you should seek independent legal advice.

What should I look for in one pass before I sign?

Seven things, each covered in a section above.

A fixed term, or tenancy periods that do not match the rent periods.
A clause that raises the rent by itself, without a section 13 notice.
Any payment that is not on the Schedule 1 list, and rent payable before the tenancy is entered into.
Any clause requiring you to take out insurance or to sign up with a third party for a service, which section 1(3) of the Tenant Fees Act 2019 prohibits whether or not a price is attached, except for a utility or a communication service supplied to you, which section 1(4) allows.
A deposit above five or six weeks' rent, and a deposit clause that contradicts the protection duties.
A blanket ban on pets, which cannot take away the right to ask for consent, though consent can be refused on reasonable grounds.
Whether you have been given the written statement of terms, which may be the agreement itself.

Where can I keep my tenancy agreement and written statement?

VEYLO X is a software platform for renting and letting in England. Renters can use it to gather their renting information in one place and keep it current. Whether a term in an agreement is acceptable is for you, and for a court or an adviser if you are unsure.

VEYLO X for renters

Common questions

Here are answers to some other common questions about tenancy agreements.

What is the difference between a tenancy agreement and a written statement of terms?

A tenancy agreement is the full legal contract between you and your landlord, which creates your right to live in the property. The written statement of terms is the statement section 16D of the Housing Act 1988 requires, and the agreement can double as it only where the agreement actually contains the prescribed terms and information, so a written contract that leaves items out does not satisfy the section by existing. For an ordinary new assured tenancy of a home in England it is due before the tenancy is entered into. The later deadlines in section 16D(5) to (7) are narrow ones, for succession cases, a demoted tenancy changing landlord, and a tenancy that becomes an assured tenancy.

Can my landlord ask for rent before the tenancy is entered into?

No, not for an assured tenancy. Paragraph 1(1A) of Schedule 1 to the Tenant Fees Act 2019 makes rent payable before the tenancy is entered into a prohibited payment, and a tenancy is entered into when the agreement is made rather than when you move in. After that point, section 4B of the Housing Act 1988 allows the initial rent in the permitted pre-tenancy period, which runs to the day before the tenancy starts: the first rent period, plus any later rent period ending within the first 28 days. Otherwise section 4B(1) makes a term of no effect so far as it provides for rent to be due before the rent period it is payable for, and section 4B(3) to (5) substitute a rent day inside that period. Section 4B(2) excepts three cases, including a tenancy granted pursuant to Part 7 of the Housing Act 1996.

What happens if my landlord does not protect my deposit?

If a landlord does not protect the deposit in an authorised scheme and give you the prescribed information, both within 30 days, you can apply to the county court. Once the court is satisfied of the conditions in section 214(2) or (2A), the penalty is mandatory and what happens to the deposit itself depends on whether the tenancy has ended. Sections 214(3) and (3A) are made against whoever appears to be holding the deposit, which may not be the landlord: if the tenancy is still running the court must order it repaid to you or paid into a custodial scheme's designated account within 14 days, and if the tenancy has ended the court may order repayment of all or part of it. Section 214(4) is made against the landlord, and says the court must order a payment to you of between one and three times the amount of the deposit, also within 14 days.

What does it mean for a tenancy to be periodic?

A periodic tenancy is a tenancy that runs from one rent period to the next, with no fixed end date. For an assured tenancy in England that is not a social housing assured tenancy, changes made by the Renters' Rights Act 2025 to the Housing Act 1988 and commenced on 1 May 2026 by S.I. 2026/421 mean a new tenancy is periodic from the start. This means your tenancy continues on a rolling basis, for example from month to month if you pay rent monthly. You can end it by giving the notice the Act requires, and both sides can agree to end it by surrender. Without your agreement a landlord has to rely on a statutory ground for possession, serve the notice that ground requires, and obtain an order from the court.

Sources

The primary sources behind this guide. Where the law and a summary disagree, the law is what counts.

This article is general information, not legal advice. It covers England only and reflects the position as at November 2026. For the current rules, see the GOV.UK guidance on assured periodic tenancies for tenants, and consider free advice from Shelter or Citizens Advice for your own situation.

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