What should I check in a tenancy agreement?
The clauses that matter, the things that cannot be signed away, and what to do before handing over money.
- Difficulty
- beginner
- Time
- 45 min
- Read
- 3 min
Short answer
Check the term, the rent review clause, the notice periods, what you are responsible for, and how the deposit will be protected. Some terms are unenforceable regardless of what the agreement says.
Tenancy agreements are long and mostly standard, but a few clauses genuinely matter and a few are unenforceable. Knowing which is which before signing avoids most later disputes.
What you'll need
- The draft agreement
- Time to read it (optional)
Step by step
- Read the whole thing before signing anything.Ask for it in advance rather than reading it at the point of signing under pressure. A reasonable landlord or agent will provide it.
- Check the term and what happens at the end.Fixed term length, whether it becomes periodic afterwards, and the notice required from each side. These determine your flexibility entirely. In England this changed on 1 May 2026: private assured tenancies are periodic from the start, so an English agreement offering a fixed term or calling itself an assured shorthold is describing a regime that no longer exists. If the agreement in front of you says either of those, check what kind of tenancy you actually have.
- Check the rent, what it includes, and any review clause.Whether bills are included, when rent can be increased and by how much. An open-ended increase clause is worth questioning.
- Check the deposit amount and protection.In many countries deposits are capped and must be placed in a protection scheme within a set period. Confirm which scheme and get the reference.
- Check what you are responsible for maintaining.Some responsibilities cannot legally be transferred to a tenant — typically the structure, heating and sanitation. A clause attempting to is usually unenforceable.
- Check the clauses about access.Landlords generally must give notice before entering. A clause claiming unrestricted access is usually not enforceable.
- Check restrictions that matter to you.Pets, smoking, decorating, working from home, subletting. Get any agreed exception in writing in the agreement rather than by conversation.
- Take an inventory and photographs before moving anything in.Dated, thorough, and returned within the stated period. It is what determines the deposit outcome at the end.
Tips
- Free housing advice services can review an agreement and explain local rules, which vary considerably. It is worth using before signing rather than after.
- Never pay a holding deposit or rent before seeing the property and the agreement. Advance-payment rental scams are common.
- Anything agreed verbally should go into the written agreement. A conversation about pets or decorating has no weight later.
Common mistakes
- Signing without reading — The agreement governs everything that follows, and disputes are resolved on what it says. Ask for it in advance.
- Accepting that an unenforceable clause applies — Some responsibilities cannot legally be transferred to a tenant. A clause in an agreement does not make it enforceable.
- Relying on a verbal agreement — Anything agreed about pets, decorating or repairs has no weight unless it is written into the agreement.
Questions people ask
What should I look for in a tenancy agreement?
The term and notice periods, the rent and any review clause, deposit protection arrangements, what you are responsible for maintaining, access provisions, and any restrictions that affect you.
Can a landlord put anything in a tenancy agreement?
No. Some terms are unenforceable regardless of what is written — typically attempts to transfer responsibility for the structure, heating or sanitation, or to remove notice requirements for access.