A tenancy agreement is a contract between you and a landlord. It lets you live in a property as long as you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy. It can be written down or oral (a spoken agreement). A tenancy can either be: fixed-term (running for a set period of time) periodic (running on a week-by-week or month-by-month basis) Rights and responsibilities Both you and your landlord have certain rights and responsibilities , whether or not you have a tenancy agreement.

Assured shorthold tenancies ( ASTs ) The most common form of tenancy is an AST . Most new tenancies are automatically this type. A tenancy can be an AST if all of the following apply: the property you rent is private your tenancy started on or after 15 January 1989 the property is your main accommodation your landlord does not live in the property A tenancy cannot be an AST if: it began or was agreed before 15 January 1989 the rent is more than £100,000 a year the rent is less than £250 a year (less than £1,000 in London) it’s a business tenancy or tenancy of licensed premises the property is a holiday let your landlord is a local council Other tenancies There are other tenancies that are not as common as ASTs , including: Excluded tenancies or licences You may have an excluded tenancy or licence if you lodge with your landlord and share rooms with them, like a kitchen or bathroom. You’ll usually have less protection from eviction with this type of agreement. Assured tenancies Tenancies starting between 15 January 1989 and 27 February 1997 may be assured. You’ll have increased protection from eviction with this type of agreement. Regulated tenancies Tenancies starting before 15 January 1989 may be regulated. You’ll have increased protection from eviction and can apply for a ‘fair rent’. Shelter has information on the different types of private tenancies and a tenancy checker so you can check which tenancy you have.

What should be in a tenancy agreement

A tenancy agreement should include: the names of all people involved the rental price and how it’s paid information on how and when the rent will be reviewed the deposit amount and how it will be protected details of when the deposit can be fully or partly withheld (for example to repair damage you’ve caused) the property address the start and end date of the tenancy any tenant or landlord obligations an outline of bills you’re responsible for It can also include information on: whether the tenancy can be ended early and how this can be done who’s responsible for minor repairs (other than those that the landlord is legally responsible for) whether the property can be let to someone else (sublet) or have lodgers The terms of the tenancy must be fair and comply with the law. Preventing discrimination Your tenancy agreement cannot have anything in it that may discriminate against you because of a ‘protected characteristic’ , like disability. If your tenancy agreement does discriminate against you, your landlord cannot refuse to change it unless they have a very strong reason. Example You might need a guide dog in the house but a term in the tenancy agreement says no pets are allowed. Your landlord must change the terms to allow guide dogs in the property, unless they have a very strong reason not to (if another tenant in the property has a serious allergy to dogs, for example). Changes to tenancy agreements Both you and your landlord must agree to any changes to the terms of the tenancy agreement. Get advice on your tenancy agreement Get legal advice before signing an agreement if you’re unsure of any terms. Once you’re happy with it, sign the agreement and get a copy of it. Citizens Advice has a guide on tenancy agreements .

How to end your tenancy

Tenancies Your tenancy agreement should say how much notice you need to give your landlord before you leave the property. You’re responsible for paying rent for your entire fixed-term tenancy. You can move out early without paying rent for the full tenancy if: there is a break clause in your tenancy agreement your landlord agrees to end the tenancy early Shelter has information about ending a tenancy . Licence agreements If your licence automatically runs out after a specific date and you want to end the agreement, you should let your landlord know this before your licence runs out.

If your landlord wants to end your tenancy

If your landlord wants you to leave, they must give you notice in a particular way. Your landlord may need to have given you specific documents for your notice to be valid. This depends on the type of tenancy agreement and its terms. For example, they may be required to give you a gas safety certificate, an energy certificate and a copy of the How to rent guide . Assured shorthold tenancies ( ASTs ) Your landlord can take back their property without giving any reason if you have either: periodic tenancy (sometimes called a ‘rolling tenancy’) a fixed-term tenancy that has ended This is called a Section 21 notice. To do this, all of the following must apply: they’ve protected your deposit in a deposit protection scheme, if the tenancy began or was renewed on or after 6 April 2007 they’ve given you at least 2 months written notice that they want the property back (‘notice to quit’) the date you must leave is at least 6 months after your original tenancy began (the date you moved in) Your landlord must serve you notice using the correct form. Shelter has information on checking if your eviction notice is valid . If your tenancy started or was renewed after 1 October 2015 Your landlord cannot evict you if they’ve been served notice by the council because of a complaint you made to the council about the living conditions in the property. Your landlord must also have given you: a copy of the leaflet ‘How to rent: the checklist for renting in England’ an energy performance certificate a gas safety certificate If you’ve been asked to leave during the fixed term Your landlord can only ask you to leave during the fixed term if they have certain reasons (‘grounds’). For example, if: you’re behind with your rent payments (‘in arrears’) you’ve used the property for illegal purposes, like selling drugs you’ve damaged the property This is called a Section 8 notice. The notice period your landlord gives you will depend on the reason (‘ground’). Read Annex A of the guidance for private tenants to find out more about notice periods. Assured tenancies Your landlord will need to use one of the reasons or ‘grounds’ for possession in the Housing Act 1988 . Excluded tenancies or licences You’ll often have an excluded tenancy or licence if you live with your landlord as a lodger and share rooms with them. Your landlord only needs to give ‘reasonable notice’ to quit. Usually this means the length of the rental payment period – so if you pay rent monthly, you’ll get one month’s notice. The notice does not have to be in writing. Non-excluded tenancy or licence Your landlord can end the let at any time by serving a written ‘notice to quit’. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks. Break clauses If there’s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord does not have a guaranteed right to possession during the first 6 months of the tenancy. If you do not leave the property Your landlord cannot remove you by force. If the notice period expires and you do not leave the property, your landlord may start the process of eviction through the courts. If you have an excluded tenancy or licence you can be evicted without a court order.

Private renting for tenants: tenancy agreements

Overview

A tenancy agreement is a contract between you and a landlord.

It lets you live in a property as long as you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy. It can be written down or oral (a spoken agreement).

A tenancy can either be:

fixed-term (running for a set period of time)
periodic (running on a week-by-week or month-by-month basis)

Rights and responsibilities

Both you and your landlord have certain rights and responsibilities, whether or not you have a tenancy agreement.

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Private renting for tenants: tenancy agreements

Overview

Rights and responsibilities

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Private renting for tenants: tenancy agreements

Overview

Rights and responsibilities

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