How to Write a Tenancy Agreement

You can have a tenancy without a tenancy agreement, but any landlord will tell you that this is a terrible idea. Yes, a tenancy agreement is a lot of paperwork to put together and contend with, but a detailed and comprehensive one will be your golden ticket out of any tricky situations and conflicts with your tenant. Here, we’ll look at how to write a tenancy agreement, as well as everything that you’d need to include in one for it to be beneficial to yourself and your tenants. 

There are a lot of online templates to use when putting together your tenancy agreement – but you shouldn’t just fill in the blanks, get a signature, and close the door on it. Make sure you know your stuff when it comes to tenancy agreements, or else you could really come to regret it.

Also, recent legislative changes under the Renters’ Rights Act 2025 have transformed the way in which the private rented sector operates. This means that standard older tenancy agreement templates are no longer legally sound. (gov.uk)

Why are tenancy agreements so important?

A tenancy agreement can put a stop to any disputes over who is responsible for what and what was agreed upon at the start of the tenancy. It should detail everything that the tenant should and shouldn’t do, what the landlord will and won’t do, and what is expected of both parties. It’s a reference point to go back to throughout the tenancy and a rulebook for both landlord and tenant to follow.

Under UK law, a tenancy is automatically created whenever somebody moves into a property and begins paying rent – regardless of the paperwork. Once someone becomes a tenant, they have certain legal rights that are difficult to dismiss. Without a tenancy agreement, there’s no way to prove when a tenant moved in, how much rent they should be paying, and what they agreed to be responsible for. It can quickly turn into a game of he-said-she-said.

How to write a tenancy agreement under the new legal framework

Before the implementation of the new legal framework, most landlords would use an Assured Shorthold Tenancy (AST) with a fixed term of either 6 or 12 months. However, under the Renters’ Rights Act 2025, fixed-term contracts have been erased entirely. 

Now, in England and Wales, all new and existing tenancies have become open-ended periodic tenancies. Here are the new rules that need to be included in your tenancy agreement: 

• No end dates: You are no longer able to include a start and end date or a minimum term in your tenancy agreement. Your tenancy agreements will now need to roll on either a monthly or a weekly basis. This will end once the tenancy decides to end the agreement. 
• Two-month notice period: Tenants are now able to give a maximum of two months’ notice to end the tenancy agreement, using a regular tenancy cycle. 
• Strict rent frequencies: Rent will now need to be stated as either a weekly or a monthly amount, and landlords can no longer demand 6 months’ rent upfront. 

How to write up a rental agreement

Knowing how to write up a rental agreement is important because there is a lot of information that needs to be included in it.They should include

• The full names of all people involved in the tenancy
• The rental price and how and when it is paid
• Information on how and when the rent will be reviewed.

Another very important thing to include is information about the tenancy deposit, such as the amount, details about when it can be fully or partly withheld, and how it will be protected. Every tenant’s deposit needs to be protected within a cache within 30 days of receipt. There are three government-approved options to use: Deposit Protection Service, My Deposits, or the Tenancy Deposit Scheme. Failing to use a tenancy deposit scheme, along with failing to let your tenant know which scheme you’re using, could leave you faced with penalties.

When looking at how to write a tenancy agreement, you should also include:

• The property address
• Tenant and landlord obligations
• Who is responsible for minor repairs, garden maintenance, and bills. 

You should also include information on the rules around subletting and lodgers, smoking, and pets. Lastly, don’t forget to include your contact details and whether the tenancy can be ended early – a break clause – and if so, how.

You might be feeling a little overwhelmed with all this necessary information. As mentioned, there are plenty of online templates to get you started, but make sure you double-check whether the template you’re using is first in date, and secondly, relevant to your country.

Should I have an inventory?

Having an inventory can only be a good thing, and it is highly advised. An inventory is a detailed record of the state of your property at the start of the tenancy. You can refer back to this to help you decipher between damage and fair wear and tear.

Take photos of each room and any appliances and furniture that you’re supplying to the tenant. At the end of the tenancy, when you are trying to work out whether you need to make any deductions from your tenant’s deposit, an inventory will make life much easier.

The Rent Review Process

Under new legislation, you are no longer allowed to include rent review clauses that allow you to raise the rent by random percentages whenever you choose. 

As per the law, you are only allowed to raise rent once a year, and it needs to be in line with the formal statutory Section 13 notice procedure. As well as this, you’ll also need to ensure that your tenant agreement references the Section 13 notice procedure and how and when variations can take place. 

Crucial Modern Clauses: Pets and Maintenance

With the latest UK regulations, specific clauses have been introduced that landlords will need to handle with care in order to avoid non-compliance fines. Let’s go through some of these in more detail. 

The “Right to Pet” Clause

As you may know, tenants now have a legal right to request a pet(s), and you, as the landlord, can’t unreasonably refuse this request. You are, however, legally permitted to protect your investment by adding a specific condition to this clause.

One thing you need to do is explicitly state in the contract that the tenant is required to ensure that any damage caused by the pet is fixed and compensated for by them. This will prevent confusion when it comes to damages and finances. 

Delineating maintenance boundaries

One thing you’ll notice is that disputes often arise when boundaries aren’t clearly highlighted within the tenancy agreement. For example, when it comes to gardening, make sure you add in a specific clause on garden maintenance to prevent end-of-tenancy disputes over unmowed lawns or overgrown borders. 

Once you have your lengthy and detailed tenancy agreement in place, both you and your tenant need to sign on the dotted line. Make two copies – an original copy with their signature on it for you to keep, and a photocopy or scanned copy for your tenant with your original signature.

Then it’s time to hand over the keys and leave your tenant to enjoy their new space. Any issues? Your tenancy agreement will probably have the answer.

Whilst you’re sorting out your paperwork, have you remembered to take out landlord insurance? Landlord insurance may provide cover for risks such as fire, theft and loss of rent, depending on the policy terms and conditions.CIA Landlords compares landlord insurance to find you the best policy. Get a quote today.