Understanding a tenancy agreement
A tenancy agreement is the contract between you and your landlord. For most private rentals in England, the Renters' Rights Act 2025 has replaced fixed-term Assured Shorthold Tenancies (ASTs) with a single system of periodic assured tenancies. Wales, Scotland and Northern Ireland have their own separate rules. Here's what to look for before you sign.
What this letter usually is
A modern assured tenancy sets out how much rent you pay, what deposit is held, and what each side is responsible for — but it no longer locks you in for a fixed term. It rolls on periodically until either you end it with 2 months' notice, or the landlord uses one of the reformed Section 8 grounds. It's a legally binding contract, so the details still matter more than the friendliness of the landlord.
What the Renters' Rights Act 2025 changed (England)
The reforms rolled out from 2025 significantly changed private renting in England. Any agreement you're signing now should reflect the new rules:
- Section 21 'no-fault' evictions have been abolished — landlords can only end a tenancy using a valid Section 8 ground (e.g. serious rent arrears, anti-social behaviour, selling or moving in)
- Fixed terms are gone for new tenancies — every tenancy is periodic from day one
- You can end the tenancy at any time by giving 2 months' notice in writing
- Rent can only be increased once every 12 months, using a formal Section 13 notice, and you can challenge it at the First-tier Tribunal
- Rental bidding is banned — landlords must advertise a price and can't accept more than the asking rent
- Blanket bans on pets, families with children, or benefits claimants are unlawful — pet requests can't be unreasonably refused
- Landlords must be signed up to a new Landlord Ombudsman and listed on the Private Rented Sector Database
- Homes must meet a Decent Homes Standard, and Awaab's Law timescales for hazards like damp and mould apply
The clauses to read carefully
Before signing, work through these sections:
- Rent — amount, due date, and how it's paid (should match the advertised price)
- Deposit — capped at 5 weeks' rent under the Tenant Fees Act 2019
- Tenant's notice — you can leave with 2 months' notice; anything shorter or longer for you is a red flag
- Landlord's grounds for possession — should reference Section 8, not Section 21
- Repairs and maintenance — who fixes what, plus response times for hazards
- Pets — process for requesting a pet, and any pet damage insurance requirement
- Guests, subletting, decorating restrictions
Deposit protection
Your deposit must be placed in one of three government-backed schemes (DPS, MyDeposits, TDS) within 30 days, and you should receive a certificate and the prescribed information. If it isn't protected, you may be entitled to compensation of 1–3 times the deposit, and the landlord can't rely on some possession grounds until they put it right.
Fees you shouldn't be charged
Under the Tenant Fees Act 2019, most fees are banned in England — no admin fees, no inventory fees, no renewal fees. Permitted payments are limited to rent, capped deposit, holding deposit (max 1 week's rent), and reasonable charges for lost keys or late rent. Under the Renters' Rights Act 2025, you also can't be asked to pay more than the advertised rent to secure the property.
Red flags to watch for
- A 'fixed term' or 'minimum term' clause on a new England tenancy — these no longer apply
- Any mention of Section 21 or 'no-fault' notice — this power has been abolished
- A blanket 'no pets', 'no children' or 'no DSS/benefits' clause
- Being asked to bid above the advertised rent, or to pay several months upfront to 'win' the property
- A landlord refusing to protect the deposit or provide the prescribed information
- Rent review clauses allowing increases more than once every 12 months
- No clear repair obligations for gas, water, heating, damp or mould
- Being asked to sign before you've seen the EPC, gas safety certificate and How to Rent guide
What to do next
- Read the whole document — not just the summary
- Check the agreement reflects the Renters' Rights Act 2025 (no fixed term, no Section 21)
- Take dated photos and video of the property's condition before you move in
- Ask for the deposit protection certificate and prescribed information within 30 days
- Save the agreement, inventory, EPC, gas safety certificate and any emailed changes
- Note the rent review date so you can spot an unlawful early increase
Frequently asked questions
Q. Do fixed-term tenancies still exist?
A. Not for new private tenancies in England under the Renters' Rights Act 2025 — every tenancy is now a periodic assured tenancy from day one. Existing fixed-term ASTs signed before the reform commenced are being converted across into the new system. Wales, Scotland and Northern Ireland have separate rules.
Q. Can my landlord still use a Section 21 no-fault eviction?
A. No. Section 21 has been abolished in England. A landlord who wants possession must use one of the Section 8 grounds — for example serious rent arrears, anti-social behaviour, or wanting to sell or move in — and give the correct notice for that ground.
Q. How much notice do I have to give?
A. You can end the tenancy at any time by giving 2 months' notice in writing. There's no minimum term you have to stay for.
Q. Can my landlord raise the rent?
A. Only once every 12 months, and only using a formal Section 13 notice giving at least 2 months' warning. If you think the new rent is above market, you can challenge it at the First-tier Tribunal — and under the reforms the tribunal can't set it higher than the landlord asked for.
Q. Can I be refused because I have a pet, children or claim benefits?
A. Blanket bans are unlawful. You have a right to request a pet, and the landlord can only refuse if they have a reasonable reason. They may require pet damage insurance. Refusing you because you have children or receive benefits is also prohibited.
Q. What happens if the landlord doesn't do repairs?
A. Report the issue in writing and keep a record. Damp, mould and other serious hazards are covered by Awaab's Law timescales. If the landlord doesn't act, contact your local council's environmental health team or the new Landlord Ombudsman. Do not withhold rent — it can be treated as arrears.
Q. Can ClariDoc review my tenancy agreement?
A. ClariDoc can summarise the key clauses, deadlines and things to check, and flag terms that don't line up with the Renters' Rights Act 2025. It is not a substitute for legal advice — for anything you're unsure about, contact Shelter, Citizens Advice, or a housing solicitor.
Important disclaimer
This is general information about UK tenancy agreements and reflects the Renters' Rights Act 2025 in England. It does not constitute legal advice. Housing law differs across England, Wales, Scotland and Northern Ireland, and some Renters' Rights Act provisions are being commenced in stages. For advice, contact Shelter, Citizens Advice, or a housing solicitor.
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