What to Check Before Signing a Tenancy Agreement

A tenancy agreement is the most consequential document most renters ever sign — it governs where you live, what you pay, and what happens when things go wrong, for a year or more. And yet most people skim it on their phone while the agent hovers. I’ve signed five, and the one time I read every clause properly, I caught a £200 “professional cleaning” requirement and a ban on picture hooks that I negotiated out before signing. Here’s your pre-signature checklist.

The Money Terms in Your Tenancy Agreement

• Rent amount, due date, and payment method. Obvious, but check: is it calendar monthly? When exactly is it due? Any charges for payment methods?
• Deposit amount. Must be max 5 weeks’ rent (England) — see deposit rules. Check which scheme will protect it.
• What’s included? Bills included or not? If included, is there a “fair usage” cap? Parking? Garden maintenance? Be specific.
• Rent review clause. Can the landlord raise rent during the fixed term, and by how much? Vague “market rate” clauses deserve scrutiny — know your rights on rent increases.
• Fees. Since the Tenant Fees Act 2019, most letting fees are banned. Permitted payments are limited: rent, deposit, holding deposit, and charges for specific tenant-requested changes or defaults. Anything else labelled a “fee” is illegal.

Duration, Break Clauses and Notice

• Fixed term length. 12 months is standard; longer terms give security but less flexibility.
• Break clause. Can either party end the tenancy early, when, and with how much notice? A 6-month break in a 12-month contract is valuable flexibility — its absence is a risk.
• Notice periods. How much notice to leave at the end of the fixed term? (Usually 1 month from you; check.) What happens if you just stay — it becomes a rolling periodic tenancy.
• Renewal terms. Any renewal fees are banned, but check what happens at term end.

Repairs and Responsibilities

• Who fixes what? Landlord obligations (structure, heating, plumbing, electrics) are set by law regardless of what the contract says — but the contract should reflect them. Your obligations typically cover minor things: lightbulbs, unblocking sinks, garden upkeep if specified.
• Reporting process. Is there a required method (email, portal)? Note it — you’ll need it.
• Access rights. The contract should state 24 hours’ minimum written notice for visits. Anything granting “regular inspections” monthly deserves a conversation.
• Emergency contacts. Who do you call at 2am when the boiler dies? Get a number, not just “the agent”.

Lifestyle Clauses (Read These Carefully)

• Pets. Blanket pet bans are increasingly hard to enforce since the Renters’ Rights Act reforms — but check the clause and negotiate upfront rather than sneaking a cat in.
• Smoking, guests, subletting. Standard restrictions are normal; understand them.
• Decorating and alterations. Can you hang pictures? Paint? Get permission in writing for anything beyond Blu-tack.
• Working from home / running a business. Usually fine for remote work; business use may need consent.
• Professional cleaning on exit. Common clause; budget £150–£300 or negotiate it out. Either way, know how to get your deposit back.

12 Red Flags

1. Deposit over 5 weeks’ rent, or any “extra” deposits
2. Banned fees dressed up with creative names
3. No mention of deposit protection scheme
4. Asking you to waive statutory rights (unenforceable, but a bad sign)
5. No break clause in a long fixed term
6. Excessive inspection rights (monthly “inspections”)
7. Tenant responsible for major repairs or appliances’ full replacement
8. Automatic rent increases above inflation with no negotiation
9. Unclear or missing EPC, gas safety and EICR certificates (legally required — ask!)
10. Pressure to sign immediately without time to read
11. Verbal promises not in writing (“oh, we’ll fix the bathroom before you move in”)
12. The property doesn’t match the advert (different flat, missing furniture)

Before You Sign: The Viewing Checklist

The contract is only half of it — verify the property too: water pressure, phone signal, appliance condition, damp/mould signs, noise levels (visit at different times if you can), storage, and security. Photograph everything at check-in regardless. And get any verbal promise — repairs, new appliances, cleaning — in writing before signing. If it’s not in the contract, it doesn’t exist.

Negotiating the Agreement: What’s Actually Movable

Tenancy agreements aren’t take-it-or-leave-it — especially in a renter’s market or with independent landlords. Clauses worth negotiating:

• Break clause: if there’s none, ask for a 6-month break in a 12-month term. Landlords often agree — it costs them nothing if you stay.
• Professional cleaning clause: ask to replace “professional clean required” with “returned in the same condition as check-in”. Same outcome, no £250 invoice.
• Decorating: ask for written permission to hang pictures and paint (agreeing to repaint on exit). Many landlords say yes; the clause just defaults to no.
• Pet clause: offer a “pet interview” (landlord meets the well-behaved animal), references from previous landlords, and professional cleaning on exit. Reasonable landlords negotiate; unreasonable ones reveal themselves.
• Rent increases: if the contract allows mid-term increases, ask for a cap or fixed schedule. Certainty benefits both sides.
• Longer fixed term: if you want security, offer 18–24 months. Landlords love void-free certainty and may freeze the rent for the term.

Negotiate before signing, get every concession in writing (amended contract, not a verbal promise), and be reasonable — the landlord is more likely to agree to three small asks than one adversarial demand. The Shelter website has template letters for common requests.

Joint Tenancies vs Individual Contracts: Know the Difference

This distinction matters enormously and confuses most sharers:

• Joint tenancy: all tenants on one contract, jointly liable for the whole rent. If a flatmate stops paying, the landlord can pursue you for their share. You’re also bound together on notice — one person can’t usually end a joint tenancy alone during the fixed term.
• Individual contracts (room-only): you’re liable only for your room. A flatmate leaving doesn’t affect your rent. Much safer for sharers who aren’t close friends.

Before signing a joint tenancy, ask yourself: do I trust these people with my credit record for 12 months? If the answer is hesitant, push for individual contracts or look elsewhere. Our flatmate guide covers choosing people you’d trust — and tenant rights explains what happens when joint tenancies go wrong.

After Signing: The First-Week Checklist

1. Photograph everything (your deposit depends on it — see getting your deposit back).
2. Confirm deposit protection in writing (30-day legal deadline — diary it).
3. Take meter readings (photograph them) and set up energy accounts.
4. Test everything: heating, hot water, appliances, locks, windows, smoke alarms.
5. Report any issues immediately in writing — the inventory challenge window is short.
6. Register for council tax, electoral roll, and work through our address change checklist.
7. Save the landlord/agent’s emergency number somewhere accessible — not just in an email thread.

The Practical Takeaway

Before signing: verify the money (rent, 5-week-max deposit, no banned fees), the flexibility (break clause, notice periods), the responsibilities (repairs, access rights), and the lifestyle clauses (pets, decorating, cleaning). Demand the safety certificates, get promises in writing, and never sign under pressure — a landlord who won’t give you 24 hours to read a contract is telling you everything about how they’ll treat you as a tenant. Take the agreement home, read it with tea, and sign with confidence. For what comes next, our address change checklist and noisy neighbours guide have you covered.