Tenancy Agreements: What Must Be Included

From May 2026 your tenancy agreement is no longer about picking a fixed term, it is about documenting a periodic relationship that might last years under the Renters' Rights Act. Get the core clauses right and your life is easier; get them wrong and you are relying on a judge to fix your paperwork later.

1. Legal framework in 2026: what kind of tenancy you are granting

The Housing Act 1988 still underpins assured and assured shorthold tenancies (ASTs) as the core private renting framework.

The Renters' Rights Act 2025 abolishes new fixed-term ASTs under 21 years from 1 May 2026: all new assured tenancies are periodic from day one.

Existing fixed-term ASTs convert into periodic tenancies when the Act provisions commence.

So the agreement you use in 2026 is an assured periodic tenancy agreement. The label "AST" survives in shorthand, but you are not agreeing a 6 or 12-month fixed term any more.

2. What the agreement must include (hard legal requirements)

A valid tenancy needs the basics plus the stuff statute implies whether you write it or not. At minimum your written agreement should state:

Names of landlord and tenants

Full legal names of all joint tenants and the landlord (or landlord's company).

Property address and extent

Full postal address and whether anything is excluded or shared (for example, common parts).

Rent details

Rent amount, payment frequency (monthly is standard), due date, and method of payment.

Any included utilities or services must be clearly described to avoid "unfair term" issues under the Consumer Rights Act 2015.

Deposit amount and protection

Amount of the tenancy deposit.

Confirmation it will be protected in an approved scheme and that prescribed information will be served within 30 days (Housing Act 2004).

Landlord's repairing obligations (s11 Landlord and Tenant Act 1985)

Section 11 LTA 1985 implies non-excludable repair duties into almost all assured tenancies.

You must:

Keep in repair the structure and exterior (roof, walls, windows, doors, gutters).

Keep in repair and proper working order installations for water, gas, electricity, sanitation, space heating and hot water.

You cannot contract out of s11 or push these obligations onto the tenant; any clause trying to do that will be void and likely unfair under CRA 2015.

Tenant obligations

Pay rent and utilities as agreed, take proper care of the property, not cause nuisance, promptly report repairs, comply with reasonable use clauses.

Landlord obligations

In addition to repairs: respect quiet enjoyment, comply with safety rules, protect deposit, provide prescribed documents.

If your agreement does not set these out clearly, the law still implies them, but you lose a lot of clarity when something goes wrong.

3. What should also be in there: pets, access, utilities, joint tenants

Beyond the bare legal minimum, your 2026 periodic tenancy should address:

Access and inspections

A clause requiring the tenant to allow reasonable access for inspections and gas / electrical checks with at least 24 hours' written notice, except in emergencies.

Pets (Renters' Rights Act)

From 1 May 2026, tenants gain a statutory right to request to keep a pet; you must consider each request fairly and can only refuse on reasonable grounds.

Government guidance says tenants must request in writing describing the pet; you must reply within 28 days with consent or a justified refusal.

You can require the tenant to maintain pet damage insurance or accept pet-related obligations, but you cannot simply charge an extra banned fee or "pet deposit" outside what the Tenant Fees Act 2019 allows.

Garden / outside areas

Who maintains lawn, hedges, paths, and what standard is expected.

Parking / storage

Which space(s) are included, rules on commercial vehicles, charging EVs, bike storage etc.

Utilities and council tax

Who is responsible for: gas, electricity, water, broadband, TV licence, council tax.

For single lets it is almost always the tenant; for HMOs you may include bills in rent, but then the agreement must make that explicit.

Furnished vs unfurnished and inventory

Detailed inventory and schedule of condition at start, signed by both sides.

Agreement should state that the tenant is responsible for loss/damage beyond fair wear and tear to listed furnishings.

Joint tenancy provisions

For multiple tenants on one AST, include a clear joint and several liability clause: each tenant is liable for the whole rent and tenant obligations, not just their "share".

Break clauses become largely redundant in a pure periodic world, so there is no point stuffing the agreement with fixed-term style break provisions for new tenancies starting after May 2026.

4. Prescribed information and unfair terms: things you cannot skip or push too far

Prescribed / mandatory documents

Before or at the start of an assured periodic tenancy you must provide:

The current "How to Rent" guide (latest version) in hard copy or email.

A valid EPC (rating E or better under current rules, higher standards likely coming).

A valid gas safety record for any gas appliances or flues.

EICR and any other safety documents that apply.

Deposit protection certificate and prescribed information within 30 days of receiving the deposit.

Failing on these does not just risk a slap on the wrist: it can block possession routes and create civil penalty risk across several laws.

Unfair terms (Consumer Rights Act 2015)

Tenancy agreements are consumer contracts; CRA 2015 applies.

Section 62 CRA 2015 says unfair terms are not binding on the tenant.

Unfair includes terms which cause a "significant imbalance" in rights/obligations to the tenant's detriment and are contrary to good faith.

Examples of clauses that are at real risk:

Fixed "penalty" charges for late rent or minor breaches that are disproportionately high.

Terms allowing you to change rent or rules unilaterally without a valid reason.

Clauses trying to:

Make tenants pay all legal costs regardless of outcome.

Ban all visitors or overnight guests.

Transfer non-excludable s11 repair obligations to the tenant.

Courts can and do strike out unfair terms while leaving the rest of the tenancy intact. Your guide should tell readers straight: strip out the nonsense and stick to things that are (a) lawful, and (b) enforceable.

5. Guarantors, deposits and what forums get wrong

Guarantor provisions

You use a guarantor when:

Income is marginal, new job / probation, student tenants, or benefit-based income where you want extra comfort.

The guarantor agreement should be:

A separate deed of guarantee, signed and witnessed, not just a line in the tenancy.

Clear on exactly what is guaranteed: rent only, or rent and other tenant obligations (damage, costs).

Ideally limited to a specific tenancy and any statutory continuation, not "all future liabilities forever".

Over-broad or unclear guarantees can be held unenforceable under general contract and unfair terms principles.

What forums get wrong

"Just download any AST and add your own rules."

In 2026 that is how you end up with:

Fixed-term wording that conflicts with a periodic-only Renters' Rights regime.

Pet bans that are unenforceable under the new pet-request rules.

Repair clauses that contradict s11 and get ignored by a judge.

"Put in tough penalty clauses to scare tenants into behaving."

Under CRA 2015, disproportionate penalties and one-sided clauses are often unfair and not binding; you gain nothing except a false sense of security.

"You can exclude your repair obligations if tenants accept it."

Section 11 LTA 1985 is non-excludable for almost all ASTs; any clause shifting structural or service repairs to the tenant will not stand.

"A no-pets clause is enough to stop pets."

Post-Renters' Rights, tenants have a right to request pets and you must consider each request fairly, with a proper reason to refuse.

A blanket "no pets" written into your standard AST is no longer a trump card.

For PropertyKiln, the position is:

In 2026 you are not trying to write the most aggressive AST you can think of. You are writing a clear, lawful periodic tenancy that fits the Housing Act 1988, Renters' Rights Act 2025, Landlord and Tenant Act 1985 s11, and Consumer Rights Act 2015. Anything that fights those Acts will be ignored when you most need it.

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