What a tenancy agreement must include — core terms for 2026
A compliant 2026 periodic tenancy agreement should include core terms covering parties, property, rent, deposit, commencement, and permitted use.
- Parties: full legal names of all landlords and tenants; landlord's address for service of notices (LTA 1985 s.48 mandatory — failure prevents rent recovery until provided)
- Property description: full address including any garage, parking, garden, or storage; clearly exclude any areas the tenant cannot access
- Rent and payment terms: rent amount; payment date; payment method; specified bank account; rent payable in advance
- Deposit terms: deposit amount (capped at 5 weeks' rent for annual rent under £50,000; 6 weeks for £50,000+); TDP scheme; commitment to provide prescribed information within 30 days
- Commencement date: start date of the periodic tenancy — no end date under the all-periodic RRA 2025 regime
- Permitted use and occupiers: residential use only; named occupiers; RRA 2025 right to request additional occupiers (cannot be unreasonably refused)
Prohibited clauses and void terms
Several clauses historically included in tenancy agreements are now prohibited or automatically void under the Tenant Fees Act 2019 and the Housing Act 1988 as amended by RRA 2025.
- Tenant Fees Act 2019 — prohibited payments: any charge not on the permitted list (referencing; credit checks; admin; check-out; renewal; inventory) is a prohibited payment; charging is a criminal offence (up to £5,000 first offence; unlimited fine repeat within 5 years)
- Fixed-term clauses — void under RRA 2025: any clause creating a fixed end date or initial fixed term is void from 1 May 2026; the underlying periodic tenancy continues
- Break clauses — no longer applicable: break clauses are incompatible with the all-periodic regime and have no effect; remove from updated templates
- Section 21 notice clauses — void: provisions purporting to authorise Section 21 notices are meaningless; Section 21 is abolished
- Clauses excluding statutory rights: clauses excluding LTA 1985 ss.11-14 repairing obligations or the Homes (Fitness for Human Habitation) Act 2018 are void and unenforceable
Guarantor provisions — making the guarantee enforceable
A guarantor clause provides a third-party personal guarantee for tenant default. Careful drafting is required for enforceability.
- Separate guarantee deed (preferred): provides cleaner execution as a deed; can be provided to guarantor in advance for independent legal advice; avoids guarantor being privy to all main agreement terms
- Deed execution required: guarantee must be executed as a deed (signed; witnessed; delivered) — an unwitnessed electronic signature is insufficient for a deed; use witnessed wet ink or witnessed electronic signature
- Scope covering periodic tenancy: guarantee must expressly cover the tenancy throughout its term including after Section 13 Form 4A rent increases; a guarantee limited to an 'initial fixed term' has no continuing effect
- Independent legal advice: providing the guarantor the opportunity to take independent advice and documenting this strengthens enforceability where the guarantor later disputes the obligation
Joint tenancy and excluded tenancies
Joint tenancies require specific clauses on joint and several liability. Certain residential arrangements fall outside the HA 1988 regime and require different agreement types.
- Joint and several liability: all joint tenants are jointly and severally liable for all rent and obligations; the landlord can pursue any one joint tenant for the full amount; must be explicit in the agreement
- Tenant changes in periodic tenancy: one joint tenant serving notice to quit ends the entire tenancy (Hammersmith v Monk [1992]); adding/removing tenants requires landlord consent and formal deed of assignment or new tenancy
- Digital signatures: valid for tenancy agreements (simple contracts) under the Electronic Communications Act 2000; guarantee deeds require witnessed electronic or wet-ink signature
- Excluded tenancies (not subject to HA 1988): resident landlord lettings; holiday lettings; company lets (tenant is a company); rent above £100,000/year; agricultural tied accommodation — these require different agreement types