How to Check a UK Tenancy Agreement Before You Sign

This guide is about renting in England — most of it is written with London specifically in mind, since that's where most Global Settle users are renting. England has its own tenancy law, separate from Scotland, Wales and Northern Ireland; if you're renting outside England, most of the specific rules below don't apply to you.

Two different pieces of law matter here, and it's worth keeping them apart. The tenancy deposit and holding deposit caps described below have applied in England since the **Tenant Fees Act 2019** — they are not a new 2026 change. What did change from **1 May 2026** is the **Renters' Rights Act**: most existing assured shorthold tenancies (ASTs) in England automatically converted to assured periodic tenancies, and Section 21 'no-fault' eviction was abolished for new evictions from that date (a small number of cases already in the court process before 1 May 2026 may follow different transitional rules). That reform changes what actually matters in the document in front of you today — some of the older advice about 'break clauses' no longer applies the way it used to. This guide focuses on what to check now.

Who is who, and what property you're actually renting

The agreement should name the landlord (or the letting agent acting for them) and every tenant on the tenancy, and describe the property clearly enough that there's no ambiguity about which rooms, storage or parking are included. If a room, garden or parking space you were shown isn't listed, ask before you sign, not after you move in.

Rent, and how it can be increased

Check the rent amount, the payment date, and what's included (utilities, Council Tax, broadband). Under an assured periodic tenancy — the default type for most tenancies in England since 1 May 2026 — your landlord can only raise the rent once a year, and only by giving you a formal Section 13 notice with at least two months' notice before the increase takes effect. This is a Renters' Rights Act protection: a clause that tries to allow more frequent or informal rent increases than that does not override your statutory right to challenge an unreasonable rise.

Deposit: two different things, two different rules (and neither is new for 2026)

A holding deposit (paid to reserve the property before you sign) and a tenancy deposit (paid once you sign, held for the length of the tenancy) are legally different, and mixing them up is one of the most common ways renters lose money. Both caps below come from the Tenant Fees Act 2019, which has applied in England since 2019 — the Renters' Rights Act did not change these amounts.

A holding deposit is capped at one week's rent. Once you've paid it, the landlord or agent has a default 15 days to either grant the tenancy or return the money — a shorter or longer period only applies if you agreed one in writing. If they decide not to proceed for a reason that isn't your fault, you're entitled to it back.

A tenancy deposit is capped at five weeks' rent for an annual rent under £50,000, or six weeks' rent above that. It must be placed in one of the three government-backed tenancy deposit protection schemes (Deposit Protection Service, mydeposits or Tenancy Deposit Scheme) within 30 days of the landlord receiving it. Ask which scheme and ask for the protection certificate — you're entitled to see it, and it's the only reliable way to confirm your deposit is actually protected rather than just being told it is.

What *is* new from 1 May 2026: a landlord cannot ask for or accept any rent before you've signed the tenancy agreement, and once it's signed, they can only require up to one month's rent in advance before you move in. If a landlord is asking for several months' rent upfront — sometimes suggested as an alternative when a tenant has no UK guarantor — that is no longer legal for a tenancy from this date.

How the tenancy can end, and how much notice you need to give

An assured periodic tenancy has no fixed end date — it runs period to period (usually month to month, matching your rent cycle) until either side ends it. As the tenant, you can normally give notice to leave for any reason, and that notice is usually not less than two months, ending on a rent payment date. A landlord can only end the tenancy by using one of the specific legal grounds under the Housing Act 1988 (as amended) — they cannot simply ask you to leave without a stated, legally valid reason.

If your tenancy agreement still refers to a 'break clause' inside a fixed term, treat that as informational rather than as the governing mechanism — for a tenancy that started on or after 1 May 2026, your statutory notice-to-leave right under the periodic tenancy rules is what actually applies, and it cannot be reduced by the contract to less than what the law provides, though the landlord and tenant can agree to something more generous in writing. If your tenancy started before 1 May 2026, transitional rules may be different — check the current GOV.UK guidance for your specific situation rather than assuming either the old or new rules apply by default.

Repairs — whose job is it

By law, your landlord (not you) is responsible for repairs to the structure and exterior of the property, and to the installations for water, gas, electricity, heating and sanitation, under section 11 of the Landlord and Tenant Act 1985 (this predates the Renters' Rights Act and is unaffected by it). A clause that tries to make you responsible for structural repairs or for fixing installations that came with the property is not enforceable just because it's written into the contract — read this section carefully, and ask what 'fair wear and tear' means in practice if it isn't defined.

Right to Rent, and what it means if you're not in the UK yet

Every adult tenant must pass a Right to Rent check before a new tenancy can start — this applies UK-wide, not just in England. If you're on a time-limited visa, the check has to be carried out in the 28 days before your tenancy starts — a landlord cannot definitively complete it too far in advance. In practice, that means a landlord may only be able to confirm your Right to Rent close to your actual move-in date, even if you agree the tenancy terms earlier. If you're applying from overseas, ask the landlord or agent directly how they plan to handle this timing, rather than assuming it works the same way as an in-person check.