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The tenancy agreement in the UK

Read the assured shorthold tenancy, check the deposit protection, notice periods and repairs, and know your rights against unfair eviction.

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Overview

A tenancy agreement in England is usually an assured shorthold tenancy (AST) for six or twelve months, and sets out rent, deposit, contract length, notices and duties. And rules change: in Scotland the private residential tenancy is more protective without a fixed term, in Wales an occupation contract, in Northern Ireland special rules, and in England new reforms (Renters' Rights) apply that abolish no-fault section 21 eviction and turn contracts into periodic ones, so check the current position.

You are entitled to have the landlord give you a written copy of the contract before signing, to understand all its terms, and to ask. This guide explains contract types, essential terms, the deposit and its protection, repairs and each party's responsibilities, notice and eviction, ending the contract and leaving the property, and where to find help.

1

Contract types and essential terms

The commonest private-sector contract in England is the AST, a contract between a landlord and a tenant for one or more persons, which sets a term (fixed term) or is periodic, monthly.

  • The contract includes: the parties and the property address, the rent and payment date and method, the deposit amount and scheme, the contract length, the notice required to end, annual increase clauses, who pays the bills and council tax, repair and entry rights, and restrictions on pets, smoking and subletting.
  • And some contracts are joint tenancies among several tenants so that you are jointly responsible for the whole rent.
  • Read every page and any addendum, and note any unfair term, since unfair terms are not enforceable under consumer rights law.
  • And keep a signed copy of the contract and the inventory.
2

The deposit and its protection

The landlord must protect your deposit in an approved deposit protection scheme within thirty days of receiving it (DPS, MyDeposits or TDS), and provide you with the scheme's information.

  • If he does not you may obtain compensation of from one to three times the deposit via the court, and he may not evict you in a certain way until he corrects it. At the end of the contract the deposit is returned within ten days of agreement, and deductions are permitted for damage beyond fair wear and tear or late rent or cleaning.
  • If a dispute arises you can use the free dispute resolution of the scheme without a court.
  • Photograph the property's condition on entry and exit and keep receipts and agreement messages.
  • And always ask for written justifications of any deduction before accepting it.
3

Repairs and responsibilities

The landlord must maintain the structure of the property and its basic elements: the roof, walls, windows, pipes, boiler, heating, electrics and drainage, and keep the home safe and fit for habitation under tenancy law and the Homes (Fitness for Human Habitation) Act 2018.

  • And he must repair defects within a reasonable time after being informed in writing.
  • As for you, you are responsible for looking after the property: cleanliness, changing bulbs, ventilation to avoid mould, not damaging things, and reporting defects at once.
  • The landlord may not enter the property without reasonable prior notice (usually 24 hours) except in emergencies.
  • If he does not fix the defect contact the environmental health department of the council or ask Shelter for help.
  • And do not withhold rent yourself since it may expose you to eviction, but consult first.
4

Notice and eviction

The landlord may not evict you without following the legal procedure, and may not change locks, cut services or threaten, since this is harassment, against the law.

  • Under the old rules section 21 allowed ending the contract by no-fault notice after the term ended, and under section 8 it ended for reasons such as late rent or breach of contract.
  • And the Renters' Rights reforms in England abolish section 21 and set specific grounds for eviction and turn contracts into periodic ones, so check the rules in force in your time.
  • Each type of notice has a specific period, and you can be removed only by a court order and enforcement by court bailiffs.
  • If you receive a notice do not ignore it and do not leave at once, but ask for free advice from Shelter or Citizens Advice.
  • And cooperate with the council if you are threatened with homelessness.
5

Ending the contract, leaving and help

To end the contract give the landlord written notice according to the contract (usually one month in a periodic contract, or on the end of the term, or by using a break clause).

  • Do not leave before the end of the contract if it has a fixed term without agreement, otherwise you are responsible for the rent until its end or until the landlord finds a tenant.
  • Before leaving clean the property and organise the handover, hand over the keys, record meter readings, photograph the condition, end contracts with utility companies, and change your address at the bank, post office, HMRC and NHS.
  • Ask for the deposit back in writing.
  • For help: Shelter (0808 800 4444), Citizens Advice, local law centres, the legal aid service via GOV.UK for the most in need, and tenants' unions such as Generation Rent.

Step by step

  1. 1

    Ask for a copy of the contract well before signing.

  2. 2

    Read all terms and check rent, term and notice.

  3. 3

    Check the deposit is protected within thirty days.

  4. 4

    Photograph the property and sign the inventory.

  5. 5

    Tell the landlord of defects in writing.

  6. 6

    Give written notice and record meters on leaving.

Documents checklist

  • A signed copy of the contract.
  • Deposit protection scheme information.
  • The inventory and condition photos.
  • The GOV.UK 'How to Rent' guide.
  • Repairs correspondence.

Key vocabulary

  • tenancy agreement
  • notice
  • eviction
  • repair
  • joint tenancy
  • fixed term
  • periodic
  • deposit scheme
  • wear and tear
  • harassment
  • subletting

Useful phrases

  • Could you send me a copy of the contract?
  • Which scheme protects my deposit?
  • The boiler is not working.
  • I would like to give one month's notice.
  • Can I have my deposit back, please?
  • I have received a notice. What are my rights?

Signing the tenancy

  • Landlord

    Here is the tenancy agreement. It is for twelve months.
  • You

    Thank you. Which scheme protects the deposit?
  • Landlord

    The DPS. You will get an email with the details within thirty days.
  • You

    And how much notice do I need to give?
  • Landlord

    One month, in writing, after the first six months.
  • You

    Fine. I will read it carefully and sign tomorrow.

Common mistakes

  • Signing without reading the contract.
  • Not checking deposit protection.
  • Withholding rent because of a defect without advice.
  • Leaving without proper notice and handover.

Cultural tips

  • Keep all correspondence with the landlord in writing.
  • Save messages on deposit agreement.
  • Learn the rules of your nation (England, Scotland or Wales).
  • Contact Shelter at any legal doubt.

Official links

Check yourself

Question 1 of 5

What is an AST?