Guide · Renting and letting
The tenancy agreement: what should be in it
If it is not written down, it is not agreed. Here is what a good tenancy agreement covers, for tenant and landlord alike.
If it is not written down, it is not agreed — so a clear tenancy agreement is the single most important document in any letting, for the tenant and the landlord alike.
Most rental disputes trace back to something that was never written down, or written vaguely. A good agreement is not a formality or a sign of distrust; it is how two people keep a relationship good by being clear at the start.
Why it must be written
A verbal understanding is worth nothing on the day it is disputed, while a written agreement settles it. That is the whole case for insisting on one, even with a landlord or tenant you like and trust. Trust is what makes a tenancy pleasant; the written agreement is what makes it safe.
The terms that must be there
A good agreement covers, plainly:
- Rent — the amount, when it is due, and how it is paid.
- Term and notice — how long the tenancy runs, and how much notice each side must give to end it.
- Deposit — the amount, that it is held as security, the grounds for any deduction, and when it is returned.
- Advance rent — recorded distinctly from the deposit, with the amount and the period it covers, so the two are never confused.
- Repairs — who is responsible for what, typically structure and major systems to the landlord and day-to-day upkeep to the tenant, and how repairs are reported.
- Utilities and costs — what is included in the rent and what the tenant pays on top.
- Access — the landlord’s right to enter, with reasonable notice except in an emergency.
The clauses people most wish they had read
Two in particular. The notice terms, because they are the ones you will most want to know when your circumstances change — a missing or vague notice period is worth fixing before you sign. And the deposit terms paired with a move-in condition record, because clear deposit rules plus evidence prevent the single most common tenancy dispute.
Changes, and when to get help
Any change to the agreement should be made in writing and agreed by both sides — an amendment noted and signed is as important as the original, so keep it with the agreement. For a straightforward tenancy a clear standard agreement often suffices; for anything unusual or high-value, a short legal review is sensible, and cheaper than the dispute a vague clause can cause.
Get the agreement right and most of what can go wrong in a tenancy simply does not.
Questions people ask
What should a tenancy agreement contain?
A tenancy agreement should set out the rent and when it is due, the term and notice periods, the deposit and how it is returned, who pays for repairs and utilities, and access — the ordinary terms that prevent disputes. If it is not written down, it is not agreed.
Why must it be in writing?
Because a verbal understanding is worth nothing on the day it is disputed, while a written agreement settles it. A clear document protects both tenant and landlord, and insisting on one is not distrust — it is how a good relationship stays good.
What should the agreement say about the deposit?
It should state the amount, that it is held as security, the grounds on which deductions can be made, and when it is returned. Clear deposit terms, paired with a move-in condition record, prevent the single most common tenancy dispute.
What notice terms should I look for?
Look for how much notice each side must give to end the tenancy, and any conditions on renewal. If the notice period is missing or vague, fix it before signing — it is the term you will most wish you had read when circumstances change.
How should repairs be handled in the agreement?
The agreement should split responsibility clearly — typically structure and major systems to the landlord, day-to-day upkeep to the tenant — and say how repairs are reported and handled. A clear repairs clause prevents the standoff where neither side thinks a problem is theirs.
How should advance rent be recorded?
Advance rent should be recorded distinctly from the deposit, with the amount and the period it covers stated plainly, so the two are never confused. Muddling advance rent and the deposit is a frequent and avoidable source of end-of-tenancy trouble.
Can the agreement be changed later?
Changes should be made in writing and agreed by both sides, not assumed from a conversation — an amendment noted and signed is as important as the original. Keep every agreed change with the agreement so the current terms are always clear.
Do I need legal help with a tenancy agreement?
For a straightforward tenancy a clear standard agreement often suffices, but for anything unusual or high-value, having a lawyer review it is sensible. When in doubt, a short legal check is cheaper than the dispute a vague clause can cause.