Guide

Reviewing a tenancy agreement (England & Wales)

Understand what your assured tenancy agreement actually means, spot terms that may be unfair or unenforceable, and know your rights before you sign.

Review a tenancy agreement All guides

By The Counsel editorial deskReviewed against primary legislation and case law for England & WalesLast reviewed 15 June 2026How we source this →

What you are signing

From 1 May 2026, all new private residential tenancies in England are assured periodic tenancies under the Housing Act 1988 as amended by the Renters’ Rights Act 2025. Fixed-term assured shorthold tenancies can no longer be created. You will have an open-ended periodic tenancy that continues until you give two months’ written notice or a court orders possession on a valid ground. Understanding that baseline helps you spot anything in the written agreement that tries to subtract from it.

Terms a landlord cannot override

Certain rights are implied by statute and apply regardless of what the agreement says. The landlord must keep the structure, exterior, and installations (heating, hot water, sanitation) in repair under section 11 of the Landlord and Tenant Act 1985. The property must be fit for human habitation throughout the tenancy under the Homes (Fitness for Human Habitation) Act 2018. A clause purporting to remove these obligations has no legal effect. Similarly, any clause that attempts to recreate a fixed term or restrict your right to give notice is unenforceable.

Charges and deductions to watch

The Tenant Fees Act 2019 prohibits most charges beyond the permitted payments: rent, a refundable tenancy deposit (capped at five weeks’ rent where annual rent is under £50,000), a refundable holding deposit (capped at one week’s rent), changes to the tenancy requested by you, early termination fees, and default fees for lost keys or late rent. Any other charge — admin fees, check-in fees, credit-check fees, cleaning fees built into the agreement — is a prohibited payment and is unlawful.

Deposit terms

Your landlord must protect any deposit in a government-approved tenancy deposit scheme — MyDeposits, the Deposit Protection Service, or the Tenancy Deposit Scheme — within 30 days of receiving it, and must give you prescribed information about the scheme. Check the agreement states which scheme will be used. If protection is not provided after signing, you are entitled to a penalty of one to three times the deposit amount and the landlord cannot rely on most section 8 possession grounds.

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Can a landlord still offer a fixed-term tenancy?

No. Since 1 May 2026, fixed-term assured shorthold tenancies cannot be created in England. Any agreement purporting to create one will take effect as an assured periodic tenancy under the Renters’ Rights Act 2025. You have the right to remain until you choose to leave on two months’ notice.

What if the agreement contains a clause that conflicts with my legal rights?

Clauses that conflict with your statutory rights are generally unenforceable, but they can still cause confusion or be used as leverage in a dispute. It is worth noting the clause and, for anything significant, taking advice from a housing solicitor or adviser before signing.

Can The Counsel tell me whether my specific tenancy agreement is legally valid?

The Counsel is an AI legal information tool, not a law firm. It can explain what the law requires, identify clauses that look unusual, and flag areas worth querying — but it does not provide legal advice or a formal opinion on a specific document. For anything you are unsure about, speak with a solicitor or a free housing adviser such as Shelter or Citizens Advice.

The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.

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