Tenancy Agreements in the UK: What Must Be Included?

A tenancy agreement is a legal contract between a landlord (or letting agent) and a tenant. It sets out the terms and conditions under which a property is rented. This document creates legally enforceable obligations for both parties and serves as the primary reference point should any disputes arise.

In England and Wales, the most common type of tenancy agreement is the Assured Shorthold Tenancy (AST). This type of agreement gives tenants the right to occupy a property for a specified period while providing landlords with certain protections, including the ability to regain possession after the fixed term ends, subject to proper legal procedures.

A tenancy agreement can be:

• Written: The preferred and legally safer option, providing clear evidence of the terms agreed upon
• Oral: While legally valid, oral agreements are difficult to enforce and should be avoided
• Implied: Created by the actions and conduct of the parties involved

According to UK Government guidance on private renting, while written tenancy agreements are not legally required for all tenancies, they are strongly recommended to protect both landlord and tenant interests.

A comprehensive tenancy agreement should contain several mandatory and recommended clauses. Here are the core elements that tenancy agreements must include:

The agreement must clearly identify:

• The full legal name(s) of the tenant(s)
• The full legal name of the landlord or the letting agent acting on their behalf
• The landlord's registered address (required for service of notices)
• Contact details for maintenance and emergency issues

If multiple tenants are named on the agreement, they typically share joint and several liability. This means each tenant is individually responsible for the entire rent, not just their portion—a critical aspect of assured shorthold tenancy contracts.

The agreement must specify:

• The full address of the rental property
• A description of which parts of the property are included in the tenancy (e.g., specific rooms in a house share, parking spaces, garden access)
• Details of any furnishings or appliances included

Clear property descriptions prevent confusion about what exactly is being rented and help resolve boundary disputes in the private rented sector.

The agreement should state:

• The type of tenancy (e.g., Assured Shorthold Tenancy)
• The start date of the tenancy
• Whether it's a fixed-term tenancy (with a specified end date) or a periodic tenancy (rolling month-to-month)
• Notice periods required by either party to end the tenancy

Most AST agreements begin as fixed-term contracts (commonly 6 or 12 months). However, under the Renters' Rights Act implementation timeline, from 1 May 2026, all new assured tenancies will automatically be periodic, with fixed-term ASTs being abolished.

Essential rent-related information includes:

• The monthly or weekly rent amount
• The payment due date (e.g., first day of each month)
• Accepted payment methods
• Details of any rent review clauses
• Late payment consequences

Landlords cannot charge fees to tenants for setting up, renewing, or ending a tenancy under the Tenant Fees Act 2019, with limited exceptions including holding deposits and security deposits.

Under the Renters' Rights Act 2025, landlords can only increase rent once per year using a Section 13 notice with at least 2 months' notice. Tenants can challenge increases they feel exceed market rates by applying to the First-tier Tribunal, with an application fee of £47.

The agreement must clearly state:

• The deposit amount (typically capped at five weeks' rent for annual rents below £50,000)
• Which government-approved deposit protection scheme will be used
• The process for deposit deductions at the end of the tenancy
• The timeframe for returning the deposit

Landlords in England and Wales are legally required to protect tenant deposits in a government-approved scheme within 30 days of receiving the money and provide prescribed information to the tenant.

A comprehensive agreement outlines:

Tenant responsibilities:

• Paying rent on time
• Keeping the property clean and in good condition
• Reporting repairs promptly
• Not causing damage or disturbance
• Not subletting without permission

Landlord responsibilities:

• Maintaining the property's structure and exterior
• Ensuring gas, electrical, and water installations are safe
• Arranging necessary repairs
• Respecting the tenant's right to quiet enjoyment
• Providing required safety certificates

Beyond the tenancy agreement itself, landlords must comply with several legal obligations in the private rented sector:

Landlords must arrange an annual gas safety check by a Gas Safe registered engineer. A copy of the gas safety certificate must be provided to tenants within 28 days of the check or before they move in, as required by the Health and Safety Executive.

Failure to maintain gas appliances and provide certificates can result in fines and imprisonment. Courts can impose penalties of up to 6 months' imprisonment in serious cases, highlighting the critical importance of this compliance requirement for landlords in the UK.

An EPC rates a property's energy efficiency from A (most efficient) to G (least efficient). Landlords must:

• Obtain a valid EPC before marketing a property
• Provide a copy to prospective tenants
• Ensure the property meets minimum energy efficiency standards (currently E rating or above for new tenancies)

EPCs are valid for 10 years according to the NRLA guidance on energy performance certificates and must be commissioned by an accredited energy assessor. This requirement affects all tenancy agreements in the private rented sector.

Since 2016, landlords in England have been required to check that all tenants aged 18 or over have the legal right to rent property in the UK. This involves:

• Checking original documents proving identity and immigration status
• Making and retaining copies of these documents
• Conducting follow-up checks for tenants with time-limited permission to stay in the UK

Failure to conduct these checks can result in civil penalties of up to £3,000 per unauthorised occupier. This is a mandatory step before finalising any shorthold tenancy agreement.

As mentioned earlier, landlords must protect tenant deposits in one of three government-approved schemes:

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

These schemes ensure deposits are returned fairly at the end of a tenancy and provide dispute resolution services if disagreements arise.

Understanding the different types of tenancies helps both landlords and tenants know their rights:

This is the default and most common form of tenancy in the private rented sector in England and Wales. Key features include:

• Usually starts with a fixed term (typically 6-12 months)
• Landlord can regain possession after the fixed term using Section 21 notice (though this is being abolished)
• Tenant has statutory rights even without a written agreement
• Rent can only be increased according to terms in the agreement or by following statutory procedures

According to GOV.UK guidance on tenancy types, all assured shorthold tenancies will automatically become assured periodic tenancies on or after 1 May 2026.

A periodic tenancy has no fixed end date and continues on a rolling basis (week-to-week or month-to-month). These often arise when:

• A fixed-term AST expires and neither party takes action
• The tenancy was set up as periodic from the start

Periodic tenancies offer more flexibility but can be ended with appropriate notice from either party. Under the Renters' Rights Act 2025, all assured shorthold tenancies will eventually transition to this format.

A fixed-term tenancy runs for a set period, commonly 6 or 12 months. During this time:

• Neither party can end the tenancy without the other's agreement (unless there's a break clause)
• Rent is fixed unless the agreement includes a rent review clause
• The tenancy may automatically become periodic at the end of the fixed term

Fixed-term agreements provide security and predictability for both landlords and tenants in the private rented sector. However, from 1 May 2026, new fixed-term ASTs will no longer be permitted in England.

Clear understanding of respective rights and duties prevents conflicts in the private rented sector:

UK tenants have statutory rights including:

• Quiet enjoyment: The right to live in the property without unnecessary interference from the landlord
• Safety: The right to a property that meets health and safety standards
• Repairs: The right to have certain repairs carried out within a reasonable timeframe
• Notice: The right to proper notice before eviction (minimum two months for Section 21 notices under current rules)
• Protection from unfair eviction: Landlords cannot evict tenants without following proper legal procedures
• Deposit protection: The right to have deposits protected in an authorised scheme

The Renters' Rights Act 2025 has strengthened tenant protections significantly, though landlords retain important rights to manage their properties effectively.

Landlords must:

• Ensure the property is safe and fit for habitation
• Carry out repairs to the structure, exterior, heating, and water systems
• Protect deposits in approved schemes
• Provide required safety certificates (gas safety, electrical, EPC)
• Give proper notice before entering the property (typically 24 hours except in emergencies)
• Not discriminate against tenants on protected grounds
• Follow proper legal processes for rent increases and evictions

Many tenancy disputes can be avoided with proper preparation:

• Use a comprehensive written agreement that covers all essential terms
• Complete a detailed inventory with photographs before the tenancy begins
• Document the property's condition at check-in and check-out
• Keep records of all communications, repairs, and payments

Conduct periodic property inspections (with proper notice) to:

• Identify maintenance issues early
• Ensure tenants are complying with agreement terms
• Maintain the property's condition
• Build positive landlord-tenant relationships

Inspections should be proportionate—typically every 3-6 months is reasonable for assured shorthold tenancies.

Establish clear communication channels from the start:

• Provide multiple contact methods for emergencies and routine matters
• Respond promptly to tenant queries and repair requests
• Keep tenants informed about planned works or inspections
• Address concerns before they escalate into formal disputes

Modern technology has transformed how tenancy agreements are created and signed in the private rented sector. Electronic signatures offer several benefits:

• Speed and convenience: Shorthold tenancy agreements can be signed remotely within minutes rather than requiring in-person meetings or postal exchanges, accelerating the move-in process significantly.
• Security: Electronic signature platforms provide comprehensive audit trails showing who signed, when, and from which location. This creates legally binding evidence of agreement and protects both landlords and tenants.
• Accessibility: Both landlords and tenants can access signed documents from anywhere, making the rental process smoother, especially for remote tenancies or when parties are in different locations.
• Legal validity: In the UK, electronic signatures are legally recognised for tenancy agreements under the Electronic Communications Act 2000 and associated regulations, giving them the same legal standing as wet-ink signatures for agreements up to three years.
• Real-world impact: Property management companies adopting electronic signatures report dramatic reductions in administrative time, with tenancy agreements completed in hours rather than days. Tenants appreciate the convenience of remote signing via smartphones or computers, leading to faster move-ins and improved satisfaction scores. This efficiency is particularly valuable in competitive rental markets where speed can determine successful lettings.

Platforms like Yousign enable landlords to send tenancy agreements for electronic signature, automatically store signed copies securely, and maintain complete audit trails for compliance purposes. This streamlines the rental process while ensuring all documentation is properly executed, legally compliant, and securely stored for future reference.

A comprehensive tenancy agreement is the foundation of a successful landlord-tenant relationship in the UK's private rented sector. By ensuring your agreement includes all essential elements—from party details and rent terms to deposit protection and legal obligations—you create clarity and protect both parties' interests under assured shorthold tenancy law.

Remember that UK housing law continues to evolve, with the Renters' Rights Act 2025 introducing new protections and requirements from 1 May 2026. Staying informed about current regulations and maintaining clear, detailed documentation will help you navigate the rental market confidently, whether you're a landlord managing multiple properties or a tenant securing your home.

Whether you're a landlord seeking to protect your investment or a tenant wanting to understand your rights, taking time to create or review a thorough shorthold tenancy agreement is time well spent. And with modern tools like electronic signatures, the administrative burden of managing rental documentation has never been lighter.