What Type of Tenancy Are You Being Offered?
The most common tenancy type in England is the Assured Shorthold Tenancy (AST). Most private rentals fall under this regime, which gives you statutory rights including deposit protection, repair obligations on the landlord, and access to the courts if things go wrong.
Be alert to other arrangements: a licence to occupy (common in lodger situations where you share with the landlord) has fewer protections — you're not a tenant and can be asked to leave with shorter notice. A company let (where you rent as a limited company) removes most AST protections entirely. If the landlord is asking you to sign something that isn't an AST, ask why and take independent advice before proceeding.
- ▸Assured Shorthold Tenancy (AST): Standard for most private rentals — you have full statutory tenant rights
- ▸Licence to occupy: Used for lodgers sharing with the landlord — fewer protections, shorter notice periods
- ▸Company let: Removes most AST protections — rarely appropriate for individual renters
- ▸Periodic tenancy: Rolls month-to-month after the fixed term — same rights as AST, more flexibility
Rent, Deposit and Payment Terms
Check that the rent amount and payment date match what you agreed verbally. Also confirm how payment should be made — standing order to the landlord's bank account is standard. Be wary of landlords who insist on cash only, as this makes payment disputes impossible to evidence.
The deposit should not exceed five weeks' rent (for annual rents below £50,000) or six weeks' rent (for annual rents of £50,000 or more). This is a legal cap under the Tenant Fees Act 2019. If the agreement asks for more, point this out — it is a prohibited payment and the landlord cannot enforce it.
Break Clauses and Fixed-Term Commitments
A fixed-term tenancy (e.g. 12 months) means you're liable for the rent for the full period unless there is a break clause or the landlord agrees to let you leave early. Without a break clause, walking out early means you owe rent until the landlord finds a replacement tenant — or until the fixed term ends.
If the agreement has a break clause, check the exact mechanics: when can it be exercised (e.g. 'after month 6'), how much notice do you need to give (usually one to two months), and whether it can be exercised by both parties or only by the landlord. A break clause exercisable only by the landlord gives you no flexibility at all.
Red Flag Clauses to Look Out For
Legitimate tenancy agreements are fairly uniform, but some landlords — or their inexperienced agents — include clauses that are unenforceable, misleading, or exploitative. Knowing the most common ones means you can push back before signing.
- ▸Blanket pet ban: A landlord may refuse pets, but a total prohibition in the agreement doesn't prevent you applying for consent under the Renters' Rights Act 2024
- ▸Unreasonably broad entry rights: Landlords must give at least 24 hours' notice before entering (except emergencies). Clauses giving them entry 'at any time' are not enforceable
- ▸Unfair deduction wording: Phrases like 'professional cleaning required at checkout regardless' are unenforceable — you only need to return the property to the same standard as at move-in
- ▸Excessive penalty clauses: Late payment charges, replacement key fees, and admin fees above permitted amounts are prohibited payments under the Tenant Fees Act 2019
- ▸Assignment prohibition: Standard, but check if the agreement prevents subletting entirely — relevant if your circumstances change
Tenant Fees Act 2019: What Can and Can't Be Charged
The Tenant Fees Act 2019 bans most fees that landlords and agents used to charge routinely. The only payments you can legally be asked to make are: rent, a refundable tenancy deposit (capped), a refundable holding deposit (capped at one week's rent), payments for defaults (e.g. a lost key at reasonable cost), and council tax/utilities where included in the tenancy.
Common charges that are now prohibited: credit check fees, referencing fees, check-in or inventory fees, renewal fees, admin fees, and professional cleaning requirements that weren't in the original tenancy. If you've been charged any of these since June 2019, you can recover them.
Questions to Ask Before Signing
There's no such thing as a silly question before signing a tenancy agreement. A landlord or agent who refuses to answer questions or pressures you to sign immediately is itself a warning sign.
- ▸Is the deposit protected?: Ask which scheme, and check the scheme's website yourself — don't rely on their word
- ▸Who is the actual landlord?: Check they own the property using the Land Registry (gov.uk) — agents sometimes rent out properties they don't have permission to sublet
- ▸When was the last gas safety check?: Landlords must have an annual gas safety certificate — ask for the current one before moving in
- ▸Is there a current EPC?: Properties must have an EPC rated E or above to be legally let — ask for a copy
- ▸How is maintenance reported?: Get the process in writing, and check the agreement for the landlord's repair obligations
Key Takeaways
- ✓Most private rentals should be Assured Shorthold Tenancies (ASTs) — other arrangements may remove your legal protections
- ✓Deposits are capped at five weeks' rent under the Tenant Fees Act 2019 — anything more is a prohibited payment
- ✓Break clauses must be mutual to be useful — a landlord-only break clause gives you no flexibility
- ✓Blanket pet bans, unreasonable entry clauses, and cleaning requirements are commonly unenforceable
- ✓Referencing fees, admin fees, and renewal charges are prohibited — if you've paid them since 2019, you can claim them back
- ✓Ask for the gas safety certificate and EPC before moving in — a landlord must provide these by law