Tessa’s Ten Top Tips on Tenancy Agreements (England)

Note that housing law in Wales has changed with effect from 1 December 2022. Find out more on our New Wales Page

Tessa’s Ten Top Tips on Tenancy Agreements (England)

Make sure you are using the right type of tenancy agreement. In particular, if you are letting to a limited company, if you live in self-contained accommodation in the same building, or if you are letting rooms in a shared house, a ‘normal’ tenancy agreement form will not be suitable for you. If you are not sure which tenancy agreement to use, follow the Landlord-Law Which Tenancy Guide
Do not use an old form of tenancy agreement or download free forms from the internet. Old tenancy agreements will not be compliant with the new rules brought in by the Renters’ Rights Act in England. You could be fined up to £7,000 if you have a non-compliant tenancy agreement.
Fixed terms have now been abolished in England under the Renters Rights Act. Any attempt to create a fixed term will make you liable for a fine of up to £7,000.
Make sure that the tenancy gives an address for the landlord in England and Wales – otherwise, the agreement will not comply with section 48 of the Landlord and Tenant Act 1987. This means that rent will not be payable by the tenant. The address can be that of an agent if the landlord is living abroad or in Scotland. NB Once the notice has been given, all the rent will fall due so this is not a permanent problem.
The tenancy agreement must comply with the Tenant Fees Act 2019 and should not provide for any fees or penalties that are not specifically authorised by the Act.
The agreement should state clearly which payments (such as water rates, council tax and utilities) should be made by the tenant and which by the landlord. If any are payable by the landlord, provision should be made to provide for recovery of an excess from the tenant, so the landlord is not out of pocket. Remember, weekly tenants must be given a rent book.
Do not try to amend an agreement yourself without taking legal advice. You may find that the clause you have amended has actually been invalidated, for example, because you have not taken into account the unfair terms rules.
If you are taking a deposit you will need to have a proper deposit clause otherwise you may find that you are not authorised to make any deductions.
Before giving the tenancy agreement to the tenants to sign, check it carefully to make sure there are no mistakes. Once it is signed, it can only be changed with the agreement of the tenants – they may not be willing to do this if, for example, the rent is given as £700 rather than £750 pcm as agreed!
Finally, make sure the tenants have signed the tenancy agreement and that (unless you are using an online signing service) you hold the tenancy agreement with their original signatures (i.e. not photocopies, or a faxed or scanned copy) before you hand over the keys and they are allowed to occupy the property. Tenants should be given a copy of the tenancy agreement with your original signature on it.

Further resources:

Non-members can find out more about our Tenancy Agreement Service here. All our tenancy agreements are in ‘plain English’ format and regularly updated to comply with changes in the law
Make sure you are using the correct tenancy agreement by using our FREE Which Tenancy Agreement Guide
Find out about our Tenant Fees Act compliant tenancy agreements
We have special forms for landlords who agree to allow pets and a home business
Find out about our other content related to tenancy agreements here.