Why A Written Tenancy Agreement Matters

Plenty of tenancies start with a handshake, a bank transfer and a set of keys. That's a real tenancy with real legal protection, and it's still a bad idea.

Not because you have no rights without a written agreement. You have most of them anyway. It's because when something goes wrong, the argument becomes about what was said, and nobody can prove that.

The short version

• You have a tenancy whether or not anything is written down. Most of your rights come from statute, not the document.
• The agreement decides the things statute doesn't: pets, guests, garden, appliances, decorating.
• A term that conflicts with the law has no effect, however clearly it's written.
• Read it before you sign, and keep it somewhere you'll find it in two years.

What you get regardless

Worth knowing, because people without a written agreement often assume they have nothing.

• Repairs. Structure, exterior, plumbing, heating, gas and electrics are the landlord's by law and cannot be signed away.
• Deposit protection, within 30 days, plus prescribed information.
• Safety: annual gas check, five-yearly electrical inspection, working alarms.
• Quiet enjoyment, implied into every tenancy.
• Protection from eviction: only a court can end your tenancy, only a bailiff can remove you.
• A home fit to live in throughout the tenancy.

None of that depends on paperwork. What your landlord must fix.

What the agreement actually decides

This is where it earns its place, because statute is silent on most day-to-day friction.

• The garden. Whether routine upkeep is yours, and whether tools are provided.
• Appliances. Whether the landlord maintains the washing machine and oven, or whether they're yours to sort. Statute excludes them.
• Guests. How long someone can stay before they're treated as living there.
• Decorating and alterations. What needs permission, and whether it must be reinstated.
• Access for inspections. Whether you've agreed to allow reasonable access.
• Bills. What's included, and exactly what "bills included" covers.
• Smoking, and business use.
• Rent payment date and method.

Every one of those becomes an argument without a document.

Clauses that don't work

Worth knowing, because unenforceable terms appear in agreements constantly and people comply with them anyway.

• Making you responsible for the boiler or structure. Statutory, unremovable.
• Requiring professional cleaning with receipts as a condition. Banned by the Tenant Fees Act.
• Admin, renewal or referencing fees. Prohibited payments.
• Letting the landlord enter whenever they wish. Cannot override quiet enjoyment.
• Automatic annual rent increases. Rent review clauses no longer take effect; the statutory route is the only one.
• Anything relying on Section 21. Abolished on 1 May 2026. GOV.UK is explicit that you can no longer be evicted that way "even if your tenancy agreement says you can."
• A blanket ban on pets. You have a right to request one, and it can't be unreasonably refused.

If your agreement contains any of these, the law wins. That doesn't make the rest of the document void.

What to check before you sign

1. Names and address. Everyone who's living there should be named, and the address should be exact.
2. Rent, and what's included. Get "bills included" itemised, with council tax named either way.
3. The deposit amount, capped at five weeks' rent where annual rent is under £50,000, and which scheme it goes into.
4. Repairs. Who to contact, and what the agreement says about appliances.
5. The garden, and whether tools are provided.
6. Guests, pets and decorating.
7. Anything handwritten or added, which is often where the unusual terms live.

If something was promised verbally at the viewing, get it into the agreement or into an email. "They said we could paint the bedroom" is worth nothing later.

If there's nothing in writing

Ask for one. Politely, in writing, ideally before you move in.

If the landlord won't provide one, you can request written terms covering the basics: the names, the address, the rent, the payment date and the deposit. A landlord who refuses even that is telling you something useful.

In the meantime, build your own record:

• Confirm what was agreed in an email: "Just to confirm what we discussed: rent is £900 on the 1st, bills not included, garden maintained by us."
• Keep every message and payment record.
• Photograph the property thoroughly on day one. Documenting the condition of your rental.
• Check the deposit is protected, which is required regardless.

An unanswered email confirming terms is still evidence. It shows what you understood and that they didn't dispute it at the time.

Keep it where you can find it

Obvious and routinely ignored. Put the agreement, the deposit certificate, the gas safety certificate, the EPC and the inventory in one cloud folder named with the address.

You will need them at check-out, and possibly for a claim afterwards, and that can be years later. Claiming money back from your landlord has the time limits.

One thing that changed

Existing assured shorthold tenancies converted automatically to assured periodic tenancies on 1 May 2026. You did not need a new agreement, and your existing one still governs everything statute doesn't.

Some landlords have issued new agreements anyway. That's fine, but read it, and remember you cannot be charged for one. What replaced assured shorthold tenancies.

The honest summary

A written agreement doesn't give you your rights, it settles the arguments statute doesn't reach. Read it properly, get verbal promises written down, and file it somewhere you'll still be able to find it.

And ignore any clause that contradicts the law, because it has no effect however confidently it's phrased.

And when the tenancy ends, review your landlord and agent. Whether someone honoured what they agreed is exactly what the next tenant needs to know.

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This guide covers England and reflects the position at August 2026. Wales, Scotland and Northern Ireland differ, and Wales requires a written statement of occupation contract. General information rather than legal advice. Sources: GOV.UK, private renting rights and responsibilities, GOV.UK, Renters' Rights Act overview.