Signing a tenancy agreement is one of the most significant legal commitments most people make on a regular basis. Yet most people sign it after a quick read, nervous about the competition for good properties, unsure what is negotiable, and not entirely sure what they are agreeing to.
This guide explains the eight clauses that matter most — and the difference between what your agreement says and what the law actually requires.
Before you start: your statutory rights as a tenant
UK law gives you rights as a private tenant that no tenancy agreement can remove. These statutory rights exist whether or not they are mentioned in your contract. If any clause in your tenancy agreement is less favourable than your statutory rights, the law overrides the clause.
Understanding this is powerful. It means you can challenge clauses that are unenforceable, even after you have signed.
Clause 1: Deposit protection and the prescribed information
Your landlord or letting agent must place your deposit in one of three government-approved tenancy deposit protection schemes within 30 days of receiving it: the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS).
They must also give you the "prescribed information" — a document explaining which scheme holds your deposit, how to reclaim it at the end, and how to raise a dispute. This document must be given to every person named on the tenancy agreement.
Maximum deposit: 5 weeks' rent for annual rent under £50,000. 6 weeks' rent for annual rent of £50,000 or more.
What happens if they don't comply: You can apply to court for compensation of 1 to 3 times the deposit amount. Your landlord also cannot serve a valid Section 21 notice to end your tenancy until they have complied with deposit protection requirements.
Always ask for written confirmation of which scheme holds your deposit and check it yourself on the scheme's website.
Clause 2: Notice periods — what you give and what your landlord gives
This clause works in two directions. Check both.
Notice from your landlord to end the tenancy: Under Section 21 of the Housing Act 1988, your landlord must give at least two months' written notice and cannot serve this notice during the first four months of a fixed-term tenancy. Recent changes also require the notice to be on a specific prescribed form.
Under Section 8, your landlord can end the tenancy during the fixed term if you breach the agreement (such as rent arrears or damage). The notice period depends on the grounds used.
Notice from you to end the tenancy: The statutory minimum is one month. However, your tenancy agreement may require more — check whether it requires two months or "a full rental period" (which could be more than a calendar month).
Note: Notice periods and the law around Section 21 are changing significantly under the Renters (Reform) Act. Check current guidance when you sign.
Clause 3: Rent review — when and how your rent can increase
Some tenancy agreements include automatic rent increases. Others allow the landlord to propose increases at the end of a fixed term. Others are silent on increases, which means any change requires a new agreement or a Section 13 notice.
Fixed percentage increases — for example, "rent increases by 3% annually" — are predictable and often reasonable if the percentage is below inflation.
Index-linked increases — often linked to the Consumer Price Index (CPI) or the Retail Price Index (RPI) — can increase rent significantly in high-inflation periods, as many tenants discovered in 2022 and 2023.
Uncapped landlord discretion — any clause saying the landlord can increase rent by any amount with appropriate notice — is lawful but should make you negotiate carefully before signing.
Under the current law, you can challenge a rent increase through a First-tier Tribunal (Property Chamber) if you believe it is above market rate.
Clause 4: Permitted occupiers — who is allowed to live there
The agreement should name every person permitted to live at the property. Adding a partner, adult child, or family member without written permission technically breaches the tenancy.
In practice, most landlords are accommodating if you notify them — and many will simply add a permitted occupier note without requiring a new tenancy agreement. But you should do this in writing, and get the landlord's written agreement in return.
Sub-letting any part of the property without permission is a more serious breach and can result in eviction.
Clause 5: Pets
Most standard AST agreements prohibit pets. The Renters (Reform) Act 2024 changed this landscape significantly: landlords can no longer unreasonably refuse a written request for a pet. A reasonable refusal must be based on specific circumstances — for example, a building where the lease prohibits pets. The landlord can require you to obtain pet insurance.
If you want to keep a pet, raise this before signing. Get permission in writing. Do not assume a verbal "yes" will protect you.
Clause 6: Repair and maintenance responsibilities
Your landlord's legal obligations (under Section 11 of the Landlord and Tenant Act 1985):
These obligations cannot be transferred to you in the tenancy agreement. Any clause claiming you are responsible for structural repairs or heating systems is unenforceable.
Your responsibilities typically include: keeping the property clean, minor repairs (replacing light bulbs, unblocking drains caused by your use), and reporting problems to the landlord promptly.
"Promptly" matters. If you know about a leak and do not report it, and the leak causes further damage, you may be liable for the additional damage even though the original repair was the landlord's responsibility.
Clause 7: Break clauses
A break clause allows early termination of the tenancy — usually after six months. They can apply to both parties, or only to one.
If the break clause is mutual: Either you or your landlord can activate it. This gives you flexibility to leave early — but it also means your landlord can ask you to leave after six months with proper notice.
If the break clause is landlord-only: Your landlord can leave the tenancy early; you cannot. This is disadvantageous and worth negotiating.
Activation requirements: Most break clauses require specific written notice within a specific window. Missing the window by a day can mean the clause cannot be activated. Set a reminder in your calendar.
Clause 8: The inventory — not a clause, but the most important document you will sign
The inventory is not technically a tenancy clause, but it is the document that determines whether you get your deposit back. It records the condition of every item and surface in the property at the start of your tenancy.
Before you sign the inventory:
1. Read every entry
2. Note any damage, wear, or missing items that are not recorded
3. Take dated photographs of everything — walls, carpets, kitchen appliances, garden, window seals
4. Send the photographs to your landlord or agent by email on the day you move in, creating a date-stamped record
The condition recorded at check-in will be directly compared to the check-out inspection. Any damage that appears at check-out will be attributed to you unless you can prove it existed before.
Before you sign: the documents your landlord must provide
Before you hand over any money or sign any document, your landlord must provide:
If your landlord cannot or will not provide these, this affects their ability to serve a valid Section 21 notice in future. Ask for all four before moving in.