Is a written tenancy agreement legally required?

While a tenancy can exist without a written agreement, it is strongly recommended to have one. Without a written agreement, it becomes harder to enforce terms and resolve disputes. Under the Renters' Rights Act, written agreements will become a legal requirement for all new tenancies.

What must an assured shorthold tenancy agreement include?

At minimum, an AST should include the names of all parties, the property address, the rent amount and payment date, the deposit amount and protection scheme details, the tenancy start date and duration, and both landlord and tenant obligations. Additional clauses covering repairs, restrictions, and break clauses are also standard.

Can I use a template tenancy agreement?

Yes, but make sure it's up to date with current legislation. The government provides a model tenancy agreement that covers most requirements. However, you should have any agreement reviewed by a legal professional to ensure it meets your specific needs and complies with the latest regulations.

What happens if my tenancy agreement is missing required clauses?

Missing clauses don't necessarily invalidate the tenancy, but they can make it difficult to enforce specific terms. For example, without a break clause, neither party can end a fixed-term tenancy early. Missing deposit protection details could prevent you from serving a valid Section 21 notice.

Do I need a separate agreement for each tenant?

If tenants are renting together as joint tenants, a single agreement naming all parties is sufficient. Each tenant should receive a signed copy. For an HMO where tenants have individual rooms, separate agreements for each tenant are typically needed.

Tenancy Agreement Checklist | AST Clause Checker

1. Property Details

Essential property information that must be clearly stated.

Full property address including postcodeThe exact address of the rented property must be clearly identified.

Property type described (house, flat, room, etc.)Specify whether it's a whole property or a room within a shared house.

Fixtures and contents inventory referencedAn inventory protects both parties and should be referenced in the agreement.

Council tax band and responsibility statedClarify who is responsible for council tax payments.

2. Parties

All parties to the agreement must be correctly identified.

Landlord's full legal name and correspondence addressRequired by law under Section 48 of the Landlord and Tenant Act 1987.

All tenant names listedEvery adult occupant should be named as a tenant in the agreement.

Guarantor details included (if applicable)If a guarantor is required, their details and obligations must be set out.

3. Tenancy Terms

The type and duration of the tenancy must be clearly defined.

Tenancy start date specifiedThe exact date the tenancy begins.

Fixed-term length stated (e.g., 6 or 12 months)If a fixed term applies, state the exact period.

What happens at end of fixed term (becomes periodic)Explain that the tenancy will become periodic if not renewed.

Break clause included with notice requirementsIf either party can end the tenancy early, state the notice period and conditions.

4. Rent

Rent terms must be unambiguous.

Monthly rent amount stated in figures and wordsAvoid ambiguity by stating the amount both numerically and in writing.

Payment due date specifiedE.g., 'the 1st of each month' — be specific.

Accepted payment methods listedState whether rent is payable by standing order, bank transfer, etc.

Rent review clause included (if applicable)If you plan to increase rent during the tenancy, the mechanism must be in the agreement.

5. Deposit

Deposit handling must comply with the Housing Act 2004.

Deposit amount statedCannot exceed 5 weeks' rent (for annual rent under £50,000).

Deposit protection scheme namedMust be protected in a government-approved scheme within 30 days.

Prescribed information served (or to be served within 30 days)You must provide tenants with the prescribed information about how their deposit is protected.

Conditions for deposit deductions listedSet out what deductions may be made (damage, unpaid rent, cleaning, etc.).

6. Repairs & Maintenance

Clear allocation of repair responsibilities.

Landlord obligations stated (structure, exterior, installations)Section 11 of the Landlord and Tenant Act 1985 sets out minimum landlord obligations.

Tenant obligations stated (minor repairs, garden, reporting)Tenants are generally responsible for minor maintenance and reporting issues promptly.

Process for reporting repairs describedState how tenants should report maintenance issues and expected response times.

7. Restrictions

Set clear boundaries on property use.

Pet policy statedUnder the Tenant Fees Act, you cannot charge a blanket pet deposit. State your policy clearly.

Subletting and assignment clause includedState whether subletting is prohibited or requires landlord consent.

Smoking policy statedClearly state whether smoking is permitted inside the property.

Alterations and decorations policy statedSpecify whether tenants need permission to make changes to the property.

8. Required Clauses

Essential legal protections for both parties.

Quiet enjoyment covenant includedTenants have the right to use the property without unnecessary interference from the landlord.

Right of access clause (minimum 24 hours' notice)Landlords must give at least 24 hours' written notice before visiting, except in emergencies.

Data protection clause includedState how tenant personal data will be stored and used, in compliance with GDPR.

Dispute resolution process outlinedInclude a process for resolving disputes, potentially including mediation before court action.

9. Signatures

The agreement must be properly executed.

Landlord has signed and datedThe landlord (or authorised agent) must sign the agreement.

All tenants have signed and datedEvery named tenant must sign the agreement.

Guarantor has signed (if applicable)If a guarantor is part of the agreement, they must also sign.

Each party has received a signed copyAll parties should have their own signed copy of the agreement.

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