Tenancy Agreement — 10 Things to Check Before You Sign

Why Reading Your Tenancy Agreement Matters

A tenancy agreement is a legally binding contract. Once you sign it, you are bound by its terms — and if those terms are onerous, you will have to live with them or incur legal costs to challenge them. Taking 30 minutes to read the agreement carefully before signing can save you significant money and stress.

Under the Renters Rights Act 2025, all new tenancies are periodic — there are no fixed terms. This means the tenancy agreement is shorter in some respects, but it still contains critical clauses you need to understand.

1. Names of All Parties

Check that the agreement correctly names:

• Every adult tenant who will be living at the property (all should be named and sign)
• The landlord by their full legal name (not just a trading name or agent's name)
• The managing agent, if any, including their company registration number

If you are a joint tenant, your name must appear on the agreement. Being an unnamed occupier rather than a named tenant gives you significantly fewer rights.

2. Property Address

Confirm the full postal address including any flat or unit number. A mismatch between the agreement and the actual property you are renting could cause complications for deposit protection or legal proceedings.

3. Rent Amount, Payment Date, and Payment Method

• What is the exact rent figure?
• On what day of the month is it due?
• How must it be paid (bank transfer, standing order)?
• Is there a grace period before late payment is recorded?

Never set up a cash payment arrangement — always pay by bank transfer so you have a clear payment record.

4. Deposit Amount and Protection

Confirm:

• The deposit amount (must not exceed five weeks' rent for properties with annual rent under £50,000)
• Which scheme will protect it
• When you will receive the Prescribed Information

If the agreement does not mention deposit protection, ask before signing.

5. Notice Period

Under the Renters Rights Act, the statutory minimum notice period for a tenant leaving a periodic tenancy is **two months**. Your agreement should reflect this. Be wary of any clause requiring more than two months' notice from the tenant — this may be unenforceable, but it is better to have it removed before signing.

6. Permitted Use

The agreement should specify that the property is to be used as a private residential dwelling. If you work from home, check whether a home working clause is included or whether you need to ask for one. Using a residential property as business premises (e.g., seeing clients) without permission can breach the agreement and your landlord's mortgage terms.

7. Subletting Prohibition

Almost all tenancy agreements prohibit subletting without the landlord's written consent. Understand what this means: you cannot take in a lodger, rent out a room on a short-let platform, or allow anyone else to occupy the property without specific permission. Breach of this clause is a Section 8 ground for possession.

8. Alterations Clause

Check what you can and cannot do to the property. Under the Renters Rights Act, landlords cannot unreasonably refuse minor decorative changes, but your agreement may still contain broad prohibitions. If you have specific plans — painting a room, putting up shelves, installing a pet flap — get written permission before you start.

9. Inventory Reference

Does the agreement reference an inventory that will form part of the contract? If so, ensure you receive the inventory before or immediately on moving in, check it thoroughly, and note any discrepancies in writing. The inventory is your primary protection against unfair deposit deductions.

10. Guarantor Clause

If you are providing a guarantor, read the guarantor clause with particular care. Check:

• Whether the guarantor's liability is for the full rent or just your share (in a joint tenancy, a guarantor can be jointly and severally liable for all tenants' rent)
• Whether the guarantee continues if you extend or renew the tenancy
• Whether the guarantee covers damages as well as rent

Your guarantor should receive their own copy of the agreement and ideally take independent legal advice before signing.

Identifying Unfair or Unlawful Clauses

Under the Tenant Fees Act 2019, landlords and agents cannot charge fees beyond rent, deposit (capped at five weeks), holding deposit (capped at one week), and default charges for lost keys or late rent. Any clause attempting to impose additional charges is unlawful.

Under the Consumer Rights Act 2015, contract terms must be transparent and fair. A clause that is hidden in small print, uses unclear language, or creates a significant imbalance between landlord and tenant rights may be unenforceable.

Examples of potentially unlawful clauses:

• A requirement to have the property professionally cleaned regardless of its condition at check-in
• A prohibition on having overnight guests
• An obligation to pay the landlord's legal costs for any dispute

Signing Digitally

Signing a tenancy agreement electronically is legally valid in England. Ensure you use a reputable e-signature service and receive a copy of the fully executed agreement immediately after signing. Store it in Property Passport UK for safekeeping.