What to check before signing a tenancy agreement in England

Why most tenants sign without reading

The average tenancy agreement runs to 20 or 30 pages. Most people skim it, feel vaguely uneasy about a few clauses, and sign anyway because the landlord needs it back by Friday.

That is understandable. It is also how tenants end up losing deposits they should have kept, paying fees that were never legal, and living in properties with a long list of problems that should have been repaired months ago.

This guide covers the eight areas that carry the most risk. You do not need legal training to check them. You need to know what you are looking for.

1. Deposit protection

Your landlord must place your deposit in one of three government-approved schemes (the Tenancy Deposit Scheme, Deposit Protection Service, or MyDeposits) within 30 days of receiving it. They must also send you prescribed information confirming where it is held.

If they fail to do this, you can claim between one and three times the deposit value in compensation, and your landlord loses the right to apply for possession through most grounds, meaning they cannot legally remove you until the deposit is correctly protected.

What to check in your agreement: the clause should name the scheme being used. If it does not mention one, ask before you sign.

2. Repair obligations

Under Section 11 of the Landlord and Tenant Act 1985, your landlord is legally required to keep the structure and exterior of the property in repair, and to maintain installations for heating, hot water, gas, electricity, and sanitation.

These obligations exist regardless of what the agreement says. A clause attempting to pass structural repair responsibility to the tenant is unenforceable.

What to check: whether the agreement attempts to make you responsible for repairs that are legally the landlord's. Any clause requiring you to "keep the property in good and substantial repair" is a red flag.

3. Rent and payment terms

Check how rent is calculated, when it is due, and how it can be increased. From 1 May 2026, the Renters' Rights Act 2025 limits rent increases to once per year. Your landlord must issue a Section 13 notice with at least two months' warning before any increase takes effect, and the proposed rent must reflect the open market rate.

You have the right to challenge any increase at the First-tier Tribunal. Importantly, the Tribunal cannot award a rent higher than what your landlord originally proposed, so there is no risk in challenging.

Your landlord also cannot demand more than one month's rent in advance before you move in, and cannot accept offers above the advertised asking rent.

What to check: any clause allowing rent increases more than once per year, or requiring large advance payments, is now unlawful.

4. Landlord access and your right to quiet enjoyment

The right to quiet enjoyment is implied in every tenancy in England. Your landlord cannot enter the property without giving you at least 24 hours' written notice, except in a genuine emergency (fire, flood, gas leak).

Many agreements include an access clause. Check that it reflects this 24-hour requirement. A clause allowing the landlord to enter "at reasonable times" without defining notice is vague and worth querying.

What to check: whether the notice period is specified. "Reasonable notice" alone is not sufficient.

5. Break clauses

From 1 May 2026, fixed-term tenancies no longer exist in the private rented sector in England. All tenancies are periodic, meaning they roll month to month from the start with no end date.

As a tenant, you can end your tenancy at any time by giving your landlord two months' written notice. You do not need a reason.

Your landlord, however, can only end your tenancy using one of the statutory grounds set out in the Renters' Rights Act. These include the landlord wishing to sell or move into the property, but with restrictions: they cannot use these grounds within the first 12 months of your tenancy, must give four months' notice, and cannot re-let the property for 12 months afterwards.

If you are signing a new agreement after 1 May 2026, any fixed-term clause or break clause in the document is legally unenforceable. If you received an agreement before that date, your tenancy will have converted automatically to a periodic arrangement on 1 May 2026.

What to check: if you receive an agreement after 1 May 2026 that still refers to a fixed term or end date, flag it. The landlord or agent may be using outdated paperwork.

6. Prohibited fees

The Tenant Fees Act 2019 limits what landlords and letting agents can charge you. The only permitted payments are:

• Rent
• A security deposit (maximum five weeks' rent for annual rent under £50,000)
• A holding deposit (maximum one week's rent)
• Changes to the tenancy at your request (maximum £50)
• Early termination costs (capped at the landlord's actual financial loss)
• Default fees for late rent (after 14 days) or lost keys

Any other fee, including administration charges, credit check fees, and inventory fees, is prohibited. Charging one is a civil offence.

What to check: any clause requiring you to pay fees outside this list.

7. End-of-tenancy deductions

Your landlord can only deduct from your deposit for damage beyond fair wear and tear, cleaning to restore the property to its original condition, or unpaid rent. They cannot deduct for general ageing of the property.

If you dispute a deduction, all three government schemes offer a free Alternative Dispute Resolution service. You do not need a solicitor to challenge an unfair claim.

What to check: whether the agreement attempts to define "damage" in a way that would include normal wear and tear.

8. Unfair and prohibited terms

Under the Consumer Rights Act 2015, any term in a tenancy agreement must be fair and transparent. A term is unfair if it creates a significant imbalance between you and the landlord in a way that is detrimental to you.

Common examples of terms that have been found unfair include blanket prohibitions on having guests, automatic rent escalation clauses with no cap, and clauses requiring you to pay the landlord's legal costs in any dispute.

What to check: any clause that feels one-sided, particularly those that impose financial liability on you without a corresponding obligation on the landlord.

The straightforward way to do this

Reading 30 pages of legal language before a landlord's deadline is not realistic for most people. Heulex checks all eight categories automatically. Upload your agreement as a PDF or Word document and get a risk profile in seconds, and securely.