How to Write a Tenancy Agreement: A Landlord Template Guide

# How to Write a Tenancy Agreement: A Landlord Template Guide

Most tenancy disputes are caused by a sloppy agreement, not a bad tenant. A well-drafted agreement prevents arguments, supports possession claims, and protects you in adjudication. This guide takes you through the clauses every UK landlord agreement should contain and the ones to delete.

What type of tenancy do you need

For private residential lets in England and Wales:

99% of landlords need an AST. After the Renters Rights Act commences (expected 2026) ASTs become periodic by default — no fixed term.

The essential clauses

Your written agreement should contain these sections:

1. Parties

Landlord full name and service address. Tenant full name(s) — exactly as on photo ID, not nicknames. Guarantor name if applicable.

2. Property

Full postal address, plus what is and is not included (garden, parking space, loft access, outbuildings, white goods).

3. Term

Start date, end date, and basis (fixed term or periodic). Specify if it rolls over to a contractual periodic or statutory periodic at the end.

4. Rent

Monthly amount, payment date (e.g. 1st of month), payment method (standing order to named account), and whether rent is inclusive or exclusive of bills.

5. Deposit

Amount (capped at 5 weeks rent for rents under £50k/year, 6 weeks above), scheme name (TDS / DPS / MyDeposits), scheme reference number, and the deposit prescribed information.

6. Permitted use

Residential use only. Whether subletting is allowed (usually not). Pet clause. Smoking clause.

7. Tenant obligations

• Pay rent on time.
• Pay utilities (where applicable).
• Keep property clean and tidy.
• Report repairs promptly.
• Allow access with notice for inspections and repairs.
• Not cause nuisance.
• Not make alterations without consent.

8. Landlord obligations

• Keep structure and exterior in repair (s.11 Landlord and Tenant Act 1985).
• Repair installations for water, gas, electricity, sanitation, heating.
• Provide gas safety certificate, EPC, How to Rent.
• Quiet enjoyment.

9. Inspections and access

Right to inspect with 24 hours written notice. Right of emergency access. Right of access for viewings in the last 60 days.

10. Ending the tenancy

How notice is served. Notice periods. What happens on expiry. Surrender process. Abandonment process.

11. Default and late payment

Statutory default fees only — currently 3% above Bank of England base rate on unpaid rent more than 14 days late, and a reasonable charge for lost keys.

12. Signatures

Wet signature or qualified e-signature. Date. Witnesses for guarantor signature.

Unfair and prohibited terms

The Consumer Rights Act 2015 makes any "unfair" term unenforceable. Common errors to delete from old templates:

• "Tenant must pay £150 cleaning fee at end of tenancy" — banned by Tenant Fees Act.
• "Landlord can keep deposit if tenant breaks any term" — unfair penalty.
• "Tenant cannot challenge eviction" — void.
• "Tenant must pay landlord legal fees" — usually unfair.
• "Property must be re-decorated to original colour" — unfair if tenant did not change it.
• "Rent doubles after fixed term ends" — unfair penalty.
• "Tenant cannot have visitors stay overnight" — unenforceable interference with quiet enjoyment.

The Tenant Fees Act 2019 — what you CAN charge

Only:

1. Rent.
2. Refundable security deposit (5/6 weeks).
3. Refundable holding deposit (1 week, max).
4. Default fees (unpaid rent interest, lost key replacement).
5. Tenant-requested contract changes (£50 cap).
6. Early termination payment (capped at landlord's actual loss).
7. Utilities, communications, TV licence, council tax (only if tenant agrees in writing).

Everything else is illegal. Penalty: up to £5,000 first offence, £30,000 subsequent.

Optional clauses worth including

• Inventory clause — tenant agrees the schedule of condition at check-in.
• Cleaning standard at check-out — "return in same state of cleanliness, fair wear and tear excepted".
• Smoke and carbon monoxide testing — tenant tests monthly and reports failures.
• Pest control responsibility — tenant responsible after first 4 weeks unless property defect.
• Energy responsibility — confirm tenant pays gas, electric, water unless bills-included.
• Council tax — usually tenant's responsibility unless HMO.
• Insurance acknowledgement — landlord building insurance does not cover tenant contents.

How to issue the agreement

1. Send draft for review at least 5 working days before signature.
2. Take ID copies — passport or driving licence, plus proof of address.
3. Conduct Right to Rent checks (England) — original documents or share code.
4. Sign in counterparts is fine — both parties get a fully signed copy.
5. E-signature (DocuSign, HelloSign, Smart Sleep Property's built-in signer) is valid.
6. Within 30 days of receiving the deposit: protect it and serve the prescribed information.
7. Issue alongside the gas certificate, EPC and current How to Rent.

After the Renters Rights Act

When the Act commences, you must update your template to:

• Remove fixed-term clause (or convert to periodic from day one).
• Add reference to PRS Ombudsman membership.
• Add reference to PRS Database registration number.
• Remove Section 21 references.
• Update notice periods (tenant 2 months, landlord depends on Section 8 ground).
• Update grounds for possession reference.

Smart Sleep Property keeps the template library updated as commencement orders are made. Members get the new clauses pushed automatically.