Landlords and tenants already have certain rights set out in law. A clearly worded tenancy agreement can add to these rights and help to avoid disputes.
This information is for private landlords. Private tenants can find information and advice here.
Landlords and tenants already have certain rights set out in law. A clearly worded tenancy agreement can add to these rights and help to avoid disputes.
You're not legally required to provide a tenancy agreement. But if you do, it should say how long the tenancy will last.
Your tenancy will be either:
Remember you must give your tenants a tenancy information notice, even if you also give them a tenancy agreement.
A fixed term tenancy has a clear start date and end date.
Before the term ends, you and your tenant need to decide whether to renew the tenancy or not. Make sure you’re clear on what happens at the end of a fixed term.
If you do not renew a fixed term tenancy by signing another tenancy agreement, and your tenant stays in the property, it becomes a periodic tenancy.
A periodic tenancy does not have a set end date.
It will continue until either you or your tenant follow the correct process to end the tenancy.
Some tenancy agreements may be fixed for a specific period and then become periodic. This is sometimes referred to as a ‘rolling’ tenancy or being ‘out of contract’. The original terms of the tenancy still apply even if it is now a periodic tenancy.
If your tenancy agreement does not mention a specific length or term, the law says the default term is six months. After this time, the tenancy is periodic.
Your tenancy agreement must be fair and in line with the Consumer Rights Act 2015. If you issued a tenancy agreement before October 2015, it must follow earlier legislation.
A tenancy agreement is unfair if it:
An unfair term is not enforceable and you cannot rely on it to take legal action.
Examples of unfair terms include terms which:
If you do not have a tenancy agreement or your contract is not very detailed, the law automatically applies certain terms to the tenancy. These are known as ‘default terms.’
Unless the tenancy agreement says otherwise, the tenant must:
Unless the tenancy agreement says otherwise, the landlord must:
If you add terms to your agreement that contradict a default term, the tenancy agreement takes legal precedence. You cannot add clauses that limit or take away your tenant's basic rights.
Your tenancy agreement should include the:
You should also consider including terms that:
Your tenants must be able to fully understand your tenancy agreement.
Make the agreement easier to understand by:
If you do not make reasonable adjustments for a tenant who has a disability, you may be in breach of disability discrimination law.
You can use the free tenancy agreement template made by the Department for Communities.
When you’re renting to more than one tenant, the wording of the tenancy agreement determines who is responsible for rent arrears or damage.
If your agreement states that tenants are ‘joint and severally liable’, this means you can pursue any of the tenants for unpaid rent or damage.
When renting to a group of tenants, you can draw up either:
Group agreements can be tricky if one tenant chooses to end their tenancy.
If one tenant leaves and a new person moves in, you should:
Individual agreements are easier when a tenant leaves and you need to find a new tenant. You must explain in the tenancy agreement that if one of the group leaves, you have the right to add a new person to the tenancy.
If you add a new person to the tenancy, you must make sure the property doesn't become an unlicensed house in multiple occupation (HMO).