How to Write a Tenancy Agreement  

What is a tenancy agreement and what does it include? In this landlord guide, we look at the purpose of a tenancy agreement, the rights of landlords and tenants, and what landlords and letting agents should include when creating one. 

What is a tenancy agreement? 

A tenancy agreement is a contract that sets out the terms and conditions of a tenancy for both landlords and tenants. It covers areas such as monthly rental payments, ongoing maintenance responsibilities and notice periods for ending the tenancy. Once both parties sign, the document is legally binding. 

Written vs oral tenancy agreements 

There are two forms of tenancy agreement: 

• Written tenancy agreement. This is the most common type of tenancy agreement. It outlines in written form the roles and responsibilities of landlord and tenant and is signed and dated by both parties. A written agreement can be used as evidence when resolving disputes. 

• Oral tenancy agreement. This is a verbal agreement to the terms and conditions of a tenancy. This type of tenancy agreement is legally binding, but it can be difficult to enforce without written evidence.  

Private landlords must provide a tenancy agreement, but it does not have to be in written form.  

Legal responsibilities: implied vs express terms 

The legal requirements of landlords and tenants are known as implied terms. They are rights protected by law and do not need to be included in an agreement – they apply regardless.  

Examples of the legal obligations of landlords include: 

• Completing annual gas inspections 

• Supplying fully functioning smoke and carbon monoxide alarms 

• Meeting electrical safety standards 

• Providing tenants with advance notice of property inspections. 

Terms and conditions that are set out by the landlord, rather than the government or local authority, are known as express terms. 

What types of written tenancy agreements are there? 

Most tenancy agreements are either fixed-term contracts or periodic contracts. Here are the key differences: 

Fixed term contract	Periodic contract
Tenancy agreements for a specific period, typically ranging from six-12 months.  Tenants and landlords can exit their tenancy at the end of the fixed term without providing additional notice.  If the tenancy does not end after the fixed term, it will become a periodic contract. Alternatively, a new fixed-term agreement can be made.	Tenancy agreements with no defined end date. The contract rolls over regularly (usually monthly).  Tenants and landlords must provide advance notice to end the agreement. The required period will be agreed upon in the tenancy contract and cannot be less than what is stipulated by the law.

 

What should be included in a written tenancy agreement? 

• Landlord contact details  

• The address of the rental property  

• The type of tenancy: fixed-term or periodic  

• The tenancy start date  

• The tenancy end date and/or break clauses 

• Rent cost and due date 

• Rent review clauses, if applicable 

• Financial penalties for late rent payments (arrears) 

• Utilities that are included in rental payments  

• Deposit protection scheme details 

• Rent abatement conditions (i.e. what happens if the property is temporarily uninhabitable) 

• What tenants can and cannot do in the property, for example:  

• If pets are allowed 

• If subletting is allowed 

• If tenants can redecorate and to what extent 

• If tenants can conduct business at the property 

• Property maintenance and repair responsibilities for both landlord and tenant. 

Join Landlord & Tenant Protection, today 

Here at Landlord & Tenant Protection, we’re on a mission to make the letting process easy for landlords, letting agents and tenants.  

Through our bespoke portal, landlords and letting agents can quickly set up their property details, keep track of all legal documents and invite tenants to apply for tenancy.  

You can also provide your tenants with a rating at the end of the tenancy agreement, covering areas such as communication, property maintenance and whether rent was paid on time. This rating becomes visible to all members – making it quicker and easier for you to find responsible tenants in the future.  

Learn more about our unique tenant reference rating system.