A tenancy agreement is the operating contract for the entire landlord–tenant relationship. Most disputes (deposit claims, maintenance liability, possession grounds, rent arrears enforcement) come back to what the agreement says, how clearly it says it, and whether what it says is actually enforceable. Landlords who rely on outdated templates, generic internet downloads, or agreements that have not been reviewed since the Housing Act 2004 are working with documents that may be legally deficient in ways they have never tested.
From 1 May 2026: Written Statement of Terms must be provided before the tenancy is entered intoThe Renters' Rights Act 2025 abolished fixed-term assured shorthold tenancies. All new tenancies from 1 May 2026 are periodic assured tenancies from day one — there are no fixed terms, no end dates, and no "end of tenancy" notice mechanism. The Written Statement of Terms, which landlords must provide before the tenancy agreement is signed or the tenancy is otherwise agreed, is the statutory document that replaces the old AST. It must be provided even where the landlord previously relied on oral or informal agreements.
What Must a Written Statement of Terms Contain?
The government has prescribed the minimum content that a Written Statement of Terms must include. At a minimum, it must identify the landlord and tenant by name, state the property address, confirm the start date of the periodic tenancy, specify the rent amount and payment frequency, identify the deposit amount and the scheme in which it is held, and describe the responsibilities of each party in relation to the property.
Beyond these statutory requirements, a professionally drafted agreement should address a number of areas where ambiguity is the most common cause of later disputes. Rent clauses should specify the exact amount, the due date, the accepted payment method, and what happens if payment is late — not vague language such as "normally due" or "payable on the usual date." Maintenance and repair responsibilities should distinguish clearly between what the landlord is legally obliged to repair under Section 11 of the Landlord and Tenant Act 1985, and what the tenant is responsible for in terms of care, cleaning, and damage reporting. Access and inspection provisions should specify the notice period the landlord will give, at least twenty-four hours in writing, and the circumstances in which emergency access may be required without advance notice.
Clauses that attempt to remove statutory tenant rights are unenforceable and may invalidate adjacent provisions. A clause stating that the tenant has no right to request repairs, or that the landlord may enter without notice, is legally void. More importantly, its presence in the agreement may be cited in proceedings as evidence of bad faith. Review every clause against current statutory requirements before using it.
Behavioural clauses (smoking restrictions, noise expectations, subletting prohibition, and pet handling under the new pet request regime) should be reasonable, proportionate, and consistent with the landlord's actual enforcement intent. A clause the landlord never enforces becomes evidence in the other direction: if a landlord has tolerated smoking for eighteen months without complaint, a sudden enforcement action will face a credibility challenge.
How Does the Agreement Support Enforcement When Things Go Wrong?
The tenancy agreement is typically the first document reviewed by a court or a deposit adjudicator when a dispute arises. When the PRS Landlord Ombudsman becomes operational in 2028, it will add a further forum where the quality of the agreement matters. Its quality determines how straightforwardly those bodies can find in the landlord's favour. A well-drafted agreement that identifies permitted occupiers clearly makes an unauthorised subletting claim straightforward. An agreement that defines the rent due date precisely makes a Ground 8 arrears calculation unambiguous. An agreement that sets out the tenant's responsibility to report maintenance issues promptly creates a documentable breach when a tenant fails to do so and damage results.
A tenancy agreement is only as valuable as the records kept alongside it. A clear clause about deposit deductions is enforceable only if there is a move-in inventory that proves the property's condition at move-in. A clear clause about rent due dates is useful in court only if the landlord has a rent ledger that shows exactly when every payment arrived. The agreement creates the framework; the records prove what happened within it.
Professional landlords treat the tenancy agreement as a living document in one specific sense: they review it annually against legislative changes. The 2025–2026 period has produced more statutory change affecting residential tenancy terms than any comparable period in the previous decade. Agreements drafted in 2022 or 2023, even well-drafted ones, will reference legislation that has since been amended, contain fixed-term provisions that are no longer legally recognised, and omit the Written Statement of Terms content now mandated by the Act. A £50 annual review by a property solicitor or specialist service is substantially cheaper than the cost of losing a possession claim because the agreement failed to support it.
This article reflects our understanding of the law at the time of publication. It is for general guidance only and does not constitute legal advice. Always verify against GOV.UK or seek qualified legal advice before acting.
