UK tenancy agreement checklist (2026): England and Wales

Your tenancy agreement sets the rules for the place you live. Most renters spend a few minutes reading it. This guide covers the clauses to check before you sign, and what the law now says in England and in Wales. The two nations have different rules, so each section covers them separately. Scotland and Northern Ireland have their own systems and are not covered here.

1. Know Which System You Are In

England

Since 1 May 2026, private tenancies in England are assured periodic tenancies. Assured shorthold tenancies (ASTs) and fixed terms have been abolished. If you had an AST, it became a periodic tenancy automatically on 1 May 2026. Your landlord must give you a written statement of your terms before the tenancy starts. If an agreement still calls itself an AST or sets a fixed term, that wording does not take away your rights.

Wales

Since 1 December 2022, the Renting Homes (Wales) Act 2016 has applied. Tenancies are called occupation contracts, and the tenant is called the contract-holder. Most private lets are standard occupation contracts. Your landlord must give you a written statement of the contract within 14 days of the start date. The Renters' Rights Act reforms do not apply in Wales.

2. Rent and Rent Increases

Check the rent, when it is due and how you pay it. Then check what the agreement says about increases.

England: Your landlord can only raise the rent with a section 13 notice (Form 4A). They can do this once a year at most, not in the first 12 months, and must give at least 2 months' notice. You can challenge the increase at the First-tier Tribunal. Rent review or escalation clauses in the agreement have no effect. Your landlord can't take rent in advance before you enter into the tenancy, and can't ask for more than 1 month's rent in advance after that. Rental bidding is banned, so landlords and agents can't invite or accept offers above the advertised rent.

Wales: Your landlord can raise the rent once a year, with at least 2 months' notice. There is no cap on the amount.

3. Deposit Rules

Under the Housing Act 2004, your landlord must protect your deposit in a government-approved scheme. This applies in England and in Wales. In England, the deposit must be protected within 30 days of receiving it. The three approved schemes in England are the Deposit Protection Service (DPS), MyDeposits, and the Tenancy Deposit Scheme (TDS).

Your agreement should state:

• The exact deposit amount
• Which scheme the landlord will use
• The circumstances in which deductions can be made

England: Under the Tenant Fees Act 2019, the deposit is capped at 5 weeks' rent, or 6 weeks if the annual rent is £50,000 or more. A landlord can't require more. A holding deposit is capped at 1 week's rent. A pet deposit that takes the total over the cap, or a charge for pet insurance, counts as a banned payment.

Wales: A holding deposit is capped at 1 week's rent.

4. Banned Fees

England (Tenant Fees Act 2019)

Since 1 June 2019, landlords and letting agents in England can't charge most fees to tenants. Only these "permitted payments" are allowed:

• Rent
• A capped tenancy deposit (see above)
• A holding deposit (capped at one week's rent)
• Charges for late rent (only after 14 days, capped at 3% above the Bank of England base rate)
• Charges for lost keys (capped at the reasonable cost of replacement)
• Changes to the tenancy requested by the tenant (capped at £50)
• Early termination fees requested by the tenant (must not exceed the landlord's actual financial loss)

Wales

The Renting Homes (Fees etc.) (Wales) Act 2019 also bans most fees. Check any charge in your contract that is not rent or a deposit.

5. Break Clauses and Minimum Terms

England: Break clauses no longer matter for tenants. There are no fixed terms, so you can leave at any time with 2 months' written notice. A shorter notice period only applies if you and your landlord agree it in writing. A clause that locks you in for a minimum term can't stop you leaving with proper notice.

Wales: A landlord's break clause is only allowed in a fixed-term contract of 2 years or more. The landlord must give at least 6 months' notice and can't use it before 18 months of occupation. If your contract has a break clause, follow its notice steps exactly. Courts can be strict about how break clauses are used.

6. Repair and Maintenance Obligations

Under section 11 of the Landlord and Tenant Act 1985, the landlord must keep these in repair:

• The structure and exterior of the property
• Heating and hot water installations
• Gas and electrical installations
• Sanitary fittings (baths, sinks, toilets)

Any clause that tries to pass these duties to you is likely void. You are generally responsible for looking after the property in a "tenant-like manner". That means minor jobs like changing light bulbs and keeping the property clean and aired to prevent condensation.

England: Your home must also be fit to live in under the Homes (Fitness for Human Habitation) Act 2018. Landlords must meet gas safety rules, provide an Energy Performance Certificate (EPC), and have the electrics checked (an EICR) at least every 5 years. The Decent Homes Standard and Awaab's Law are not yet in force for private renting.

Wales: Landlords must fit working smoke and carbon monoxide alarms and carry out electrical safety checks at least every 5 years.

7. Notice Periods for Ending the Tenancy

England

You can end your tenancy with 2 months' written notice. Your landlord can no longer use section 21 "no-fault" eviction. To take the property back, they need a legal ground under Schedule 2 of the Housing Act 1988. For example:

• Selling or moving in (Grounds 1A and 1): the landlord must give 4 months' notice, and the date in the notice must be at least 12 months after the tenancy began
• Serious rent arrears (Ground 8): you must owe at least 3 months' rent, and the landlord must give 4 weeks' notice

Wales

As contract-holder, you must give at least 4 weeks' notice. A landlord's no-fault notice (section 173) must give at least 6 months' notice. It can't be served in the first 6 months of occupation.

8. Landlord's Right to Enter

A lawful tenancy agreement must give you "quiet enjoyment" of the property. Any clause allowing the landlord to enter without notice, or with less than 24 hours' notice except in genuine emergencies, is problematic because it cuts across your right to quiet enjoyment of your home.

9. Pets, Children and Benefits (England)

You can ask your landlord in writing to keep a pet. They must reply within 28 days and must not unreasonably refuse. A blanket "no pets" clause doesn't stop you asking. Landlords and agents also can't refuse you because you have children or receive benefits. Wales: the same ban on discriminating over children or benefits has applied since 1 June 2026.

10. Inventory and Check-In Report

Insist on a detailed written and photographic inventory before you move in, signed by both parties. This is your primary protection against unfair deposit deductions at the end of tenancy. Your agreement should reference when the inventory will be completed and who will conduct it.

11. The Landlord's Identity and Right to Let

Before signing, ask to see proof of the landlord's identity and confirm they own the property (you can search HM Land Registry online for a small fee). If you are dealing with an agent, ask for the agency's details and confirm the landlord has authorised them. You have a legal right to know your landlord's name and address.