Tenancy Agreement UK 2026: What Must Be Included

Your tenancy agreement is the legal foundation of every tenancy. It defines the rights and obligations of both landlord and tenant, sets out the financial terms, and determines what happens when things go wrong. Getting it right is not optional — an agreement that contains unlawful terms or omits mandatory provisions can expose you to penalties, undermine your ability to recover possession, and invalidate deposit deductions.

The Renters' Rights Act 2025 has introduced significant changes to what tenancy agreements can and cannot contain. Clauses that were standard practice for decades are now either banned or restricted. New requirements have been added. If you are using a tenancy agreement template that has not been updated for the RRA 2025, you are almost certainly in breach.

This guide covers everything you need to include, what you must avoid, and how to ensure your tenancy agreement is compliant with UK law as of 2026.

Disclaimer: This guide is for information only and does not constitute legal advice.

The Legal Framework in 2026

Since the Renters' Rights Act 2025 received Royal Assent, all new tenancies in England are periodic from day one. Fixed-term assured shorthold tenancies (ASTs) no longer exist for new lettings. Existing fixed terms continue until they expire, at which point they convert to periodic tenancies under the new rules. For a checklist specific to the new periodic structure, see our assured periodic tenancy agreement guide.

This fundamental change affects the structure and content of every tenancy agreement. References to fixed terms, break clauses, and Section 21 notices must be removed. The agreement must reflect the reality that the tenancy continues until either the tenant gives notice or the landlord obtains a court order under Section 8.

What type of tenancy are you creating?

Under the RRA 2025, new tenancies in England are assured tenancies on a periodic basis. The periodic nature means the tenancy rolls on month by month (or week by week, matching the rent payment period) without a fixed end date.

You still need a written agreement. In fact, a written agreement is more important than ever because the terms governing rent increases, tenant obligations, and property standards must be clearly set out.

Mandatory Information: What Must Be Included

Names and addresses

The agreement must clearly identify:

• The landlord: Full legal name, correspondence address, and an address in England or Wales for service of notices (required by Section 48 of the Landlord and Tenant Act 1987). If you use an agent, the agent's details can serve as the address for correspondence, but the landlord's name must still appear
• The tenant(s): Full legal names of all adult tenants who will be party to the agreement. If there are joint tenants, all must be named
• The property: Full address including postcode, plus a description of what is included (e.g., "including garage and rear garden" or "excluding communal areas other than access")

Rent terms

The agreement must specify:

• The amount of rent — stated clearly (e.g., "GBP 1,200 per calendar month"). All monetary amounts should be unambiguous
• When rent is due — the day of the month (or week) on which rent is payable
• How rent should be paid — bank transfer, standing order, or other accepted method. Cash-only clauses are not illegal but are impractical and raise anti-money-laundering concerns
• What the rent includes — clarify whether rent covers council tax, utilities, internet, or any other costs. If these are the tenant's responsibility, state so explicitly

Rent increase provisions under RRA 2025

This is one of the most significant changes. Under the RRA 2025, rent can only be increased using the Section 13 notice procedure. The key rules:

• Rent can be increased once per year at most
• The landlord must serve a Section 13 notice giving at least two months' notice of the increase
• The proposed rent must be a market rent — not an arbitrary figure
• The tenant can challenge the proposed increase at the First-tier Tribunal, which will determine the market rent
• Rent review clauses in tenancy agreements that allow increases above the Section 13 mechanism are no longer enforceable for new tenancies

Your tenancy agreement should reference the Section 13 procedure rather than including a bespoke rent review clause — see our full guide on how to serve a Section 13 rent increase notice. Any clause purporting to allow rent increases outside Section 13 will be unenforceable.

Deposit details

The agreement must set out:

• The deposit amount — stated in pounds. The Tenant Fees Act 2019 caps deposits at 5 weeks' rent (for annual rent under GBP 50,000) or 6 weeks' rent (for annual rent of GBP 50,000 or above)
• Which deposit protection scheme will be used — you must name the scheme
• The purpose of the deposit — what the deposit covers (unpaid rent, damage beyond fair wear and tear, cleaning costs, missing items)
• Conditions for deductions — the circumstances under which deductions may be made
• Return timeline — the process and timeline for returning the deposit at the end of the tenancy

You must protect the deposit within 30 days of receiving it and provide the tenant with the prescribed information required by the Housing Act 2004. Failure to do either results in penalties and prevents you from serving certain notices.

Tenant obligations

Standard tenant obligations that should be included:

• Pay rent on time
• Keep the property in a reasonable condition
• Report repairs needed promptly
• Allow access for inspections with proper notice
• Not sublet or assign without written consent
• Not make structural alterations without written consent
• Use the property as a residential dwelling only
• Comply with any communal area rules
• Not cause nuisance or annoyance to neighbours

Permitted occupants

List who is permitted to live in the property. This is relevant for overcrowding regulations and HMO licensing thresholds. Include a clause requiring the tenant to seek written consent before allowing additional occupants to move in.

Landlord obligations

Your agreement must reflect your legal obligations, including:

• Keep the structure and exterior in repair (Section 11, Landlord and Tenant Act 1985)
• Maintain installations for water, gas, electricity, sanitation, and heating
• Ensure the property meets the Decent Homes Standard (extended to the private rented sector under RRA 2025)
• Provide a property that is fit for human habitation (Homes (Fitness for Human Habitation) Act 2018)
• Protect the deposit and provide prescribed information
• Give proper notice before inspections (minimum 24 hours)
• Deal with maintenance and repairs within reasonable timeframes, including Awaab's Law requirements for hazards such as damp and mould

Stay compliant from day one. LetSorted helps you generate tenancy agreements with all mandatory clauses, track deposit protection deadlines, and maintain a complete document trail across your properties. Manage your properties with LetSorted →

Banned and Restricted Terms

Blanket no-pet clauses

The RRA 2025 introduces a right for tenants to request to keep a pet. You can no longer include a blanket ban on all pets. Instead:

• The tenant must make a written request to keep a specific pet
• You must respond within 42 days with consent or refusal
• You can only refuse if there is a reasonable ground (e.g., the property is a small flat unsuitable for a large dog, the lease prohibits pets, the pet would pose a genuine risk)
• Silence is deemed consent — if you do not respond within 42 days, the tenant may proceed
• You can require the tenant to have pet damage insurance to cover potential damage

Your tenancy agreement should include a clause reflecting this process rather than a blanket prohibition — for more detail, see our guide on renting to tenants with pets. A clause stating "No pets without the landlord's prior written consent, such consent not to be unreasonably withheld" is the standard approach.

Fixed-term and break clauses

Since new tenancies are periodic from day one, fixed-term clauses and break clauses are no longer applicable. Including them creates confusion and may be challenged as misleading.

Section 21 references

Any reference to Section 21 notices is now obsolete for new tenancies. Remove all such references. Including them suggests the agreement has not been updated and may undermine its credibility.

Fees and charges

The Tenant Fees Act 2019 bans most fees charged to tenants. Your agreement must not require the tenant to pay:

• Administration fees
• Credit check fees
• Referencing fees
• Inventory fees
• Professional cleaning fees at the end of tenancy (unless the property was professionally cleaned at the start and this is documented)
• Check-out fees
• Any other fee not expressly permitted by the Act

The only payments you can require are: rent, the capped deposit, a holding deposit (capped at one week's rent), payments for changes requested by the tenant (capped at GBP 50 or reasonable costs if higher), payments for early termination requested by the tenant, payments for utilities and council tax, and default fees for late rent (only after 14 days, capped at 3% above Bank of England base rate) or lost keys.

Unfair terms

The Consumer Rights Act 2015 applies to tenancy agreements. Terms that create a significant imbalance to the detriment of the tenant may be deemed unfair and unenforceable. Common examples of potentially unfair terms:

• Requiring the tenant to use a specific tradesperson for all repairs
• Charging a disproportionate fee for minor breaches
• Giving the landlord unlimited right of access
• Requiring the tenant to redecorate to a specific standard regardless of condition at check-in
• Imposing penalties for normal use of the property

Recommended Clauses

These are not strictly mandatory but are strongly recommended to protect your position.

Notice provisions

While the tenant already has a statutory right to give two months' notice under the RRA 2025, it is good practice to state this clearly in the agreement. This avoids confusion and makes it easier for the tenant to understand their rights.

Garden and external areas

If the property has a garden, specify who is responsible for maintenance. Without a clear clause, disputes about overgrown gardens or damaged fences become difficult to resolve.

Utilities and council tax

State clearly that the tenant is responsible for paying gas, electricity, water, council tax, and any other utility charges during the tenancy. Without this clause, liability can become unclear, particularly at the start and end of the tenancy.

Alterations and decorating

Specify what the tenant can and cannot do without written consent. Common provisions include no structural alterations, no redecorating, and no drilling or nailing into walls without consent. Be reasonable — under the RRA 2025, unreasonable restrictions on personalisation can be challenged.

The alteration most likely to be requested in practice is an EV charge point, and it is the one where a blanket "no alterations" clause is least useful to you — it neither stops the request nor tells you what to check before agreeing. Our guide to EV charging points in rental properties sets out the load assessment, certification and reinstatement conditions to attach to consent, and tenant alterations and electrical safety liability covers what happens when the work is done without asking.

Insurance

Clarify that your buildings insurance does not cover the tenant's possessions, and recommend (but do not require) that the tenant obtains contents insurance.

Inventory and condition

Include a clause requiring both parties to complete and sign an inventory and schedule of condition at the start of the tenancy. This is your primary evidence for deposit deductions at the end. Without a signed inventory, deposit disputes become very difficult to win.

Data protection

Include a brief clause explaining what personal data you collect, why you need it, and how you store it. Under UK GDPR, you are a data controller and have legal obligations regarding tenant data.

Structuring the Agreement

A well-structured tenancy agreement typically follows this order:

1. Parties — names and addresses
2. Property — address, description, included areas
3. Term — periodic tenancy, rent period, start date
4. Rent — amount, due date, payment method
5. Deposit — amount, protection scheme, prescribed information
6. Tenant obligations — use of property, maintenance, behaviour
7. Landlord obligations — repairs, safety, compliance
8. Permitted occupants — who can live at the property
9. Pets — consent requirement and conditions
10. Alterations and decorating — what requires consent
11. Utilities and council tax — tenant responsibility
12. Insurance — buildings vs contents
13. Ending the tenancy — notice requirements for both parties
14. Signatures — both parties, dated, witnessed if possible

Write the agreement in clear, plain language. Avoid legal jargon where possible. If a clause is not understandable to an ordinary person, it may be challenged as an unfair term under the Consumer Rights Act 2015.

Using Templates vs Custom Drafting

Using a template from a reputable source (e.g., the National Residential Landlords Association, the Law Society, or a specialist letting agent) is the most practical approach for most self-managing landlords. Always check that any template has been updated for the post-RRA 2025 regime. Templates published before the Act came into force may contain clauses that are now void or missing provisions that are now required.

For unusual arrangements — HMOs with specific room allocations, properties with commercial elements, or tenancies with bespoke conditions — consider instructing a solicitor to draft or review the agreement. The cost (typically £200-£500) is modest compared to the risk of a defective agreement.

Right to Rent Checks

Before granting a tenancy, you must verify that the tenant has the right to rent in England. This is a legal obligation under the Immigration Act 2014, and your tenancy agreement should reference it.

Your obligations include:

• Conducting the check before the tenancy begins
• Checking original documents (or using the Home Office online checking service)
• Keeping copies of documents for the duration of the tenancy and for one year after it ends
• Conducting follow-up checks for tenants with time-limited right to rent

The tenancy agreement should state that the tenancy is conditional on a satisfactory right to rent check and that the landlord will retain copies as required by law. For a detailed walkthrough of the checking process, see our Right to Rent check guide.

Prescribed Information

Alongside the tenancy agreement, you must serve the tenant with prescribed information about the deposit protection. This is a separate legal requirement, but it is good practice to reference it in the agreement and to serve it at the same time.

Prescribed information must include:

• The name and contact details of the deposit protection scheme
• The landlord's name and contact details (or the agent's if applicable)
• The tenant's name and the property address
• The amount of the deposit
• The purpose of the deposit
• How to apply for the release of the deposit
• How to resolve disputes about the deposit
• The scheme's dispute resolution process

Digital Signatures and Serving the Agreement

Are digital signatures valid?

Yes. Electronic signatures are legally valid for tenancy agreements in England and Wales under the Electronic Communications Act 2000 and the Law Commission's guidance. A tenancy agreement signed electronically is as binding as one signed in wet ink.

For a digital signature to be robust:

• Both parties must clearly intend to sign
• The signature must be attributable to the individual (email-based verification, unique signing links)
• The signed document must be tamper-proof after signing
• A record of the signing process (timestamps, IP addresses) should be retained

Serving the agreement

The tenant must receive a copy of the signed agreement. Best practice is to:

• Provide the agreement in advance for the tenant to read before signing
• Allow a reasonable period for the tenant to seek advice
• Ensure both parties sign the same version
• Distribute signed copies immediately to all parties
• Retain proof that the tenant received their copy

After Signing: What to Do Next

A signed tenancy agreement is just the starting point. Within the first 30 days, you must also:

1. Protect the deposit in a government-approved scheme — LetSorted's deposit protection tracker records the scheme and prescribed-information details in one place
2. Serve prescribed information about the deposit scheme
3. Provide the How to Rent guide (current version from GOV.UK) — LetSorted can send the latest How to Rent guide automatically when the tenancy is created
4. Provide copies of safety certificates — gas safety, EPC, EICR
5. Complete the move-in inspection — room by room, with dated photographs and both parties' signatures
6. Set up rent collection — confirm the standing order or payment method is in place

Missing any of these steps can undermine your ability to bring possession proceedings later. The tenancy agreement defines the relationship, but compliance with these requirements is what makes it enforceable.

Handling Pet Requests

Given the new pet rules under the RRA 2025, your tenancy agreement should include a clear process:

1. The tenant submits a written request specifying the type, breed, and number of pets
2. You consider the request against reasonable criteria (property suitability, lease restrictions, other tenants' welfare)
3. You respond in writing within 42 days with either consent (which may be conditional on pet damage insurance) or a reasoned refusal
4. If consent is granted, the agreement is varied to reflect the permission and any conditions

Including this process in the agreement avoids confusion and demonstrates compliance with the legislation.

Keeping Records

Maintain comprehensive records related to the tenancy agreement:

• The signed agreement itself (original or digitally signed version)
• All prescribed information served on the tenant
• Deposit protection certificate and correspondence
• Right to rent check documents
• Any variations to the agreement (pet permissions, additional occupants)
• Section 13 notices and any tribunal decisions on rent
• Correspondence about the agreement terms

These records are essential for any future disputes, possession claims, or regulatory enquiries. Store them securely for the duration of the tenancy and for at least six years after it ends (the Limitation Act 1980 period for contract claims).

LetSorted helps landlords generate compliant tenancy agreements with the required clauses, track deposit protection deadlines, and maintain a complete document trail — reducing the risk of non-compliance with the evolving legal requirements.

Checklist: What Your 2026 Tenancy Agreement Must Include

Use this as a final check before signing:

• Full names and addresses of landlord and all tenants
• Full property address and description of included areas
• Rent amount, payment date, and payment method
• Reference to Section 13 for rent increases (no alternative rent review clauses)
• Deposit amount and named protection scheme
• Conditions for deposit deductions
• Tenant obligations (rent, condition, reporting, access)
• Landlord obligations (repairs, fitness, safety, deposit protection)
• Pet request process (no blanket ban)
• Right to rent confirmation
• Notice requirements for inspections (minimum 24 hours)
• Subletting and assignment restrictions
• Forfeiture and re-entry provisions removed (not applicable to periodic tenancies)
• No reference to Section 21 or fixed terms
• No prohibited fees
• Prescribed information served alongside
• Both parties signed and dated
• Copies distributed to all parties

Frequently Asked Questions

What must legally be included in a tenancy agreement UK?

Every tenancy agreement in England must include the names and addresses of landlord and tenant, the full property address, the rent amount and payment terms, deposit details and the protection scheme used, tenant and landlord obligations, a reference to the Section 13 rent increase process, and the pet request procedure. Blanket no-pet clauses and fixed-term provisions are no longer permitted for new tenancies.

Can a tenancy agreement be changed once signed?

A tenancy agreement can only be varied with the written consent of both parties. Neither the landlord nor the tenant can unilaterally change the terms. Rent can only be increased via a Section 13 notice, not through a contractual clause. Any variation should be documented in writing and signed by both parties.

Is a verbal tenancy agreement legally binding UK?

Yes, a verbal tenancy agreement is legally binding in England. However, without a written agreement it is extremely difficult to prove the agreed terms, resolve disputes, or bring possession proceedings. The law strongly favours written agreements, and certain prescribed information must be provided in writing regardless.

Do I need a solicitor to write a tenancy agreement UK?

No, you are not legally required to use a solicitor. Most self-managing landlords use a reputable template updated for the Renters' Rights Act 2025. However, for unusual situations such as HMOs with specific room allocations or properties with commercial elements, instructing a solicitor to draft or review the agreement (typically £200-£500) is a worthwhile investment.

What happens if my tenancy agreement contains banned clauses?

Banned clauses such as blanket no-pet provisions, fixed-term requirements, or rent escalation formulas are void and unenforceable. Including them does not just make them ineffective — it can actively harm your legal position by demonstrating unfair practices under the Consumer Rights Act 2015 and may undermine possession proceedings.

Can I use an old tenancy agreement template after the Renters' Rights Act 2025?

You should not use a template that has not been updated for the RRA 2025. Old templates are likely to contain fixed-term clauses, Section 21 references, blanket no-pet bans, and rent review clauses that are now void. Using an outdated agreement creates legal risk and may prevent you from enforcing your rights.

Conclusion

A compliant tenancy agreement protects both you and your tenant. It sets clear expectations, reduces the risk of disputes, and ensures you can enforce your rights if problems arise. In 2026, with the Renters' Rights Act 2025 in force, the stakes for getting it wrong are higher than ever.

Review your template against the requirements in this guide, remove obsolete clauses, add the new mandatory provisions, and ensure every tenancy starts with a clear, lawful, and professionally presented agreement. The time you invest in getting your agreement right will save you far more in avoided disputes, failed possession claims, and regulatory penalties.