How To Write a Tenancy Agreement in the UK – Complete Step-by-Step Guide

How To Write a Tenancy Agreement in the UK – Complete Step-by-Step Guide

Creating a bulletproof tenancy agreement is crucial for protecting your property investment and establishing clear expectations with your tenants. With rental law constantly evolving and the Renters’ Rights Bill set to transform tenancies by 2026, getting your agreement right has never been more important.

This guide will walk you through everything you need to know to create a legally compliant, comprehensive tenancy agreement that protects your interests.

What is a Tenancy Agreement?

A tenancy agreement is a legally binding contract between you (the landlord) and your tenant. It sets out:

  • The terms and conditions of the rental arrangement
  • Rights and responsibilities of both parties
  • How long the tenancy will last
  • What happens if things go wrong

Why You Need One:

  • Provides legal protection for both parties
  • Sets clear expectations and rules
  • Essential for eviction procedures
  • Required by most insurance providers
  • Helps prevent disputes and misunderstandings

Step 1: Choose Your Tenancy Type

Assured Shorthold Tenancy (AST)

Most Common Option:

  • Default tenancy type in England for private landlords
  • Offers good balance of rights for both parties
  • Allows use of Section 21 “no-fault” evictions
  • Typically lasts 6-12 months initially

When AST Applies:

  • Private landlord letting to private tenant
  • Landlord doesn’t live in the same property
  • Rent between £250-£100,000 per year
  • Tenant has exclusive possession

Other Tenancy Types

When AST May Not Apply:

  • Company or business tenancies
  • Rent exceeds £100,000 annually
  • Holiday or temporary lettings
  • Landlord lives in same building (sometimes)

Future Changes: The Renters’ Rights Bill will abolish ASTs in 2026, making all tenancies periodic from the start.

Step 2: Essential Information to Include

Property Details

Must Include:

  • Full property address including postcode
  • Description of what’s being let (whole house, flat, room)
  • Whether furnished, part-furnished, or unfurnished
  • Any parking spaces or garden areas included
  • Which utilities/services are included

Landlord Information

Required Details:

  • Full legal name(s) of landlord
  • Contact address for notices
  • Phone number and email
  • Agent details (if using letting agent)

Tenant Information

Essential Details:

  • Full legal names of all adult occupiers
  • Current addresses before tenancy
  • Contact numbers and email addresses
  • Emergency contact information
  • Maximum number of people allowed to live in property

Step 3: Key Terms and Conditions

Tenancy Period

Fixed-Term Tenancy:

  • Clear start and end dates
  • Usually 6-12 months initially
  • Provides security for both parties
  • Harder to end early without break clause

What to Specify:

  • Exact start date and time
  • End date of fixed term
  • What happens when fixed term expires
  • Whether it becomes periodic automatically

Rent Details

Must Include:

Example Clause: “Rent of £1,200 per month payable in advance on the 1st day of each month by bank transfer to [account details].”

Deposit Information

Legal Requirements:

  • Maximum deposit amount (usually 1-5 weeks’ rent)
  • Which deposit protection scheme will be used
  • What deposit can be used for
  • How and when it will be returned

Must Protect Within 30 Days:

  • Register with approved scheme
  • Provide prescribed information to tenant
  • Failure prevents Section 21 notices

Step 4: Rights and Responsibilities

Landlord Obligations

Legal Requirements:

  • Ensure property is safe and habitable
  • Maintain structure and exterior
  • Service gas, water, electricity, and heating systems
  • Provide required safety certificates
  • Protect tenant’s deposit
  • Respect tenant’s quiet enjoyment

Tenant Responsibilities

Standard Obligations:

  • Pay rent on time
  • Keep property clean and in good condition
  • Report repairs promptly
  • Allow access for inspections and repairs
  • Not cause nuisance to neighbors
  • Not subletting without permission

Maintenance and Repairs

Landlord Responsibilities:

  • Structure and exterior maintenance
  • Heating and water systems
  • Gas and electrical safety
  • Emergency repairs

Tenant Responsibilities:

  • Day-to-day maintenance
  • Garden upkeep (if specified)
  • Changing light bulbs and fuses
  • Reporting damage or problems

Step 5: Important Clauses to Include

Rent Review Clause

If You Want to Increase Rent:

"The Landlord may increase the rent by giving not less than [X] months' written notice, 
such increase to take effect on [anniversary date/rent due date]."

Break Clause (Optional)

Allows Early Termination:

  • Specify when it can be used (e.g., after 6 months)
  • Notice period required (usually 1-2 months)
  • Conditions that must be met
  • Remember: applies to both landlord and tenant

Property Use

Specify Clearly:

  • Property for residential use only
  • No business activities without permission
  • Rules about guests and visitors
  • Overnight stay limitations

Pets and Smoking

Common Restrictions:

Step 6: Legal Requirements and Documentation

Documents You Must Provide

Before Tenancy Starts:

Right to Rent Checks

Legal Requirement:

  • Check all adult tenants’ right to rent in UK
  • Take copies of acceptable documents
  • Keep records for at least 2 years
  • Re-check if limited right to rent

Safety Requirements

Must Comply With:

  • Smoke alarm installation and testing
  • Carbon monoxide detector requirements
  • Gas safety annual inspections
  • Electrical safety standards
  • Fire safety regulations (especially HMOs)

Step 7: Notice Periods and Termination

Ending the Tenancy

Landlord Options:

  • Section 21 notice (no-fault) – 2 months’ notice
  • Section 8 notice (fault-based) – various notice periods
  • Mutual agreement to end early
  • Break clause activation

Tenant Notice:

  • Usually 1 month for periodic tenancy
  • Must end on correct day (last day of period)
  • Break clause procedures if applicable

Notice Serving Requirements

Important Rules:

  • Must be in writing
  • Use correct prescribed forms
  • Serve to all named tenants
  • Keep proof of service
  • Allow correct notice periods

Step 8: Writing Your Agreement

Option 1: Use Professional Templates

Skip the hard work and grab our ready-made tenancy agreement template, which includes:

  • All legal requirements
  • Current law compliance
  • Clear, enforceable clauses
  • Professional formatting
  • Regular updates

Option 2: Government Model Agreement

Free Government Template:

  • Available on GOV.UK
  • Designed for longer tenancies (2+ years)
  • Includes rent review and break clauses
  • Must be used without amendments

Option 3: Professional Legal Services

When to Get Legal Help:

  • Complex property arrangements
  • HMO or commercial elements
  • Unusual tenant situations
  • Adding bespoke clauses
  • High-value properties

Step 9: Common Mistakes to Avoid

Unenforceable Clauses

Avoid Including:

  • Professional cleaning requirements
  • Excessive property rules
  • Clauses removing landlord’s legal obligations
  • Unfair penalty charges
  • Restrictions on tenant’s statutory rights

Missing Information

Don’t Forget:

  • Deposit protection details
  • Right to rent documentation
  • Contact information for all parties
  • What happens at end of fixed term
  • Emergency contact procedures

Outdated Terms

Regular Updates Needed:

  • Law changes frequently
  • Safety requirements evolve
  • Deposit rules change
  • New fees may be banned

Step 10: Before You Sign

Final Checklist

Verify Everything:

  • All names and addresses correct
  • Rent amounts and dates accurate
  • All required documents referenced
  • Contact details up to date
  • Both parties understand all terms

Signing Process

Best Practices:

  • Both parties sign before tenant moves in
  • Sign all pages and initial changes
  • Provide copy to tenant immediately
  • Keep original safely stored
  • Consider witnessed signatures

After Signing

Don’t Forget:

  • Register deposit within 30 days
  • Provide prescribed information
  • Keep records of all documentation
  • Set up rent collection system
  • Plan first property inspection

Adapting for Different Property Types

Houses in Multiple Occupation (HMOs)

Additional Requirements:

  • HMO licensing compliance
  • Fire safety measures
  • Room size standards
  • Shared area rules
  • Individual or joint tenancy decisions

Furnished Properties

Extra Considerations:

Student Properties

Special Considerations:

Future-Proofing Your Agreement

Preparing for Renters’ Rights Bill

Expected Changes by 2026:

  • All tenancies become periodic
  • No more fixed-term agreements
  • Section 21 abolished
  • Enhanced tenant rights
  • New eviction procedures

What to Do Now:

  • Create agreements you can adapt
  • Build good tenant relationships
  • Understand Section 8 grounds thoroughly
  • Consider longer-term tenant retention strategies

Professional Help and Resources

When to Seek Professional Advice

Consider Professional Help For:

  • First-time landlords
  • Complex property situations
  • Previous legal disputes
  • Unusual tenant arrangements
  • High-value investments

Quality Template Sources

Trusted Providers:

  • Government model agreements
  • Landlord associations (NRLA)
  • Legal document specialists
  • Professional property management companies
  • Established letting software providers

Cost vs Value

Investment Perspective:

  • Professional agreement: £50-£200
  • Legal dispute costs: £1,000s
  • Lost rent during disputes: £100s per month
  • Proper agreement prevents problems

Key Takeaways

Essential Success Factors

Critical Elements:

  • Use current, legally compliant templates
  • Include all required information
  • Be specific about terms and conditions
  • Provide all mandatory documentation
  • Keep detailed records

Golden Rules

Remember:

  • Never hand over keys without signed agreement
  • Both parties must understand all terms
  • Keep agreements updated with law changes
  • Seek professional help when unsure
  • Prevention is cheaper than cure

Final Advice

Professional Approach:

  • Treat tenancy agreements seriously
  • Invest in quality documentation
  • Build positive tenant relationships
  • Stay informed about law changes
  • Plan for the regulatory future

A well-crafted tenancy agreement is your foundation for successful property letting. Take time to get it right, use professional resources, and ensure full compliance with current law. This investment in proper documentation will save you time, money, and stress throughout your landlord journey.

Remember: The rental market is changing rapidly. Stay informed, keep your agreements current, and don’t hesitate to seek professional advice when needed. Your tenancy agreement isn’t just paperwork – it’s the blueprint for your entire landlord-tenant relationship.

James Cartwright

James Cartwright

I’m James Cartwright, a UK property investor with over 15 years of experience. I started by buying a flat in South London and have since built a strong rental portfolio while renovating homes and learning from my mistakes. Now I write at YourPropertyBlog.co.uk to share honest and practical advice to help you navigate the UK property market with confidence.

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