What to Check Before Signing a Tenancy Agreement

A tenancy agreement is one of the most financially significant contracts most people sign. Getting it wrong can cost you your deposit, lock you into an unaffordable rent, or leave you responsible for repairs that should be your landlord's problem.

Here's what to check before you sign.

1. Deposit protection

This is non-negotiable. Under the Housing Act 2004, your landlord must protect your deposit in a government-approved scheme within 30 days of receiving it. The approved schemes are:

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

If your landlord fails to protect your deposit, you can claim up to 3x the deposit amount in compensation — even after you've left the property. Check your agreement specifies which scheme will be used.

Also note: under the Tenant Fees Act 2019, deposits in England are capped at 5 weeks' rent (or 6 weeks if annual rent exceeds £50,000). Any deposit above this cap is a prohibited payment.

2. The inventory and check-in

The inventory is your protection against unfair deposit deductions. Before you sign anything, insist on a detailed, photographic inventory signed by both parties. Without one, disputes about the property's condition at the start of the tenancy are almost impossible to resolve fairly.

If no inventory is provided, make your own on day one. Photograph every room, every piece of furniture, every mark on the walls. Send it to your landlord by email so it's timestamped.

3. Repair obligations

Under Section 11 of the Landlord and Tenant Act 1985, your landlord has an implied duty to:

• Keep the structure and exterior in repair (roof, walls, windows, doors)
• Keep heating, hot water, gas, and electrical installations in repair
• Keep basins, sinks, baths, and sanitary installations in repair

These obligations exist by law and cannot be contracted away. If your tenancy agreement tries to make you responsible for structural repairs or heating systems, that clause is likely unenforceable.

4. The break clause

If you have a fixed-term tenancy, check whether there's a break clause — a right to exit early. Without one, you're liable for the rent until the end of the fixed term even if your circumstances change dramatically.

Also check the conditions: notice must be given in a specific way, must expire on a specific date, and can only be exercised after a minimum period. Missing any condition can invalidate the notice.

5. Rent increase provisions

This is standard in periodic tenancies. What's less standard — and more concerning — is a clause tying rent increases to an index without a cap, or allowing increases more frequently than once per year.

The Renters' Rights Act 2025 will introduce significant changes to rent increase rules. Check the current position with a solicitor or Citizens Advice if you're signing a new tenancy.