A tenancy agreement is not a formality you skim on the way out of the letting agent's office. It is the document that decides what happens when the boiler fails in January, when you need to move out three months early, or when your landlord wants to put the rent up. Most of it will never matter. The clauses that do matter are usually buried on page four.
Read it before you sign, not afterwards. Here are the nine things to check, roughly in the order they cause trouble.
Check that every name is spelled correctly and matches your ID. Everyone who lives there and pays rent should be named as a tenant. That sounds obvious, but people quietly move a partner in "off the paperwork" and discover later that the person has no rights and the original tenant carries all the liability.
Look at the property description too. Is the flat number right? Is the parking space, garden, cellar or storage cupboard included in the agreement? Anything you were promised verbally should appear in the document before you sign.
Find the start date, the end date and the length of the fixed term. Then find what happens afterwards, which is usually a rolling monthly tenancy that either side can end with notice. Note the day the rent is due. If your payday is the 28th and the rent falls on the 1st, you will feel that every month for a year.
Check the rent figure, how often it is paid, how it must be paid, and whether anything is bundled in, such as bills or parking. Then look for the rent review clause. During a fixed term, rent can normally only rise if the agreement says so. Once you move onto a rolling tenancy, the landlord must follow set notice rules to increase it. Ask the agent to confirm, in writing, how much notice you would get.
The deposit clauses deserve a second read. Ask which government-backed protection scheme holds your money, and get the certificate once it is protected.
A break clause lets either you, the landlord, or both of you end the tenancy before the fixed term finishes. The details are what matter. When is the earliest break date? How much notice must be given, and how must it be delivered? Email, post, recorded delivery, or a form the landlord supplies? Who receives it, and is acknowledgement required?
Take a twelve-month break clause with two months' notice. Notice has to be served by month ten. Miss that window by a week and you are committed until the fixed term ends or the next break point arrives. If you are signing a twelve-month term with no break clause at all, it is reasonable to ask for one before you sign.
The landlord is generally responsible for the structure and exterior of the building, plus the installations that supply water, gas, electricity, heating, hot water and sanitation. Tenants are usually responsible for keeping the place reasonably clean and reporting problems promptly, along with small jobs the agreement may list, such as changing lightbulbs, testing smoke alarms or keeping the garden tidy.
Read closely for clauses that shift larger costs onto you. Boiler servicing, appliance repairs, drainage, window cleaning, pest control. If a clause says you are responsible for all repairs, question it. Report faults in writing by email so there is a record of when you raised them, and keep the address for emergencies.
Pet clauses come in three flavours: a blanket ban, permission with the landlord's written consent, or a specific fee or rent addition. Whatever you agree, get it in writing before you sign rather than relying on a chat. Rules on pets in England have been changing, so ask the letting agent what currently applies to your tenancy.
Then sort out the bills. Council tax, water, gas and electricity, broadband, TV licence. Who is the account holder, is anything capped, and what happens if a housemate moves out mid-term? While you are there, check the clauses on subletting, lodgers, long-term guests, working from home, smoking, decorating and hanging pictures. They are rarely enforced, but if a clause contradicts what you actually plan to do, resolve it now.
Find the notice you must give and the notice the landlord must give. Check the check-out process: keys, inventory comparison, deposit return and whether a professional check-out report is charged to you. If you rent with others, you are most likely joint and several tenants, which means each of you can be pursued for the whole rent, not just your share. If one person leaves, do not simply move a replacement in. Ask for a new agreement or a deed of assignment. If a guarantor is involved, make sure they understand what they are signing and how long it lasts.
Tenancy law differs across the UK and does change, so if a clause leaves you uneasy, speak to a housing adviser, a solicitor or Citizens Advice before you put pen to paper. Half an hour of advice is far cheaper than a year of an agreement you did not mean to sign.
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