Expert Solicitor Guidance on Tenancy Agreements, Rights, Obligations and Legal Risk for Landlords and Tenants in England
A tenancy agreement is the legal contract that defines the rights, responsibilities and obligations of both landlords and tenants. It governs how a property is occupied, how rent is paid, how disputes are handled, and the procedures for ending the tenancy.
But tenancy agreements are more than paperwork. They are binding contracts recognised and enforced by courts. Errors, omissions, unclear terms, or unlawful provisions can lead to costly disputes, evictions, compensation claims, or contractual challenges.
At Knights & Shah Solicitors, we provide expert, solicitor-led advice on drafting, reviewing, enforcing and disputing tenancy agreements. Whether you are a landlord wanting an enforceable, compliant contract or a tenant seeking clarity on your rights, this page provides a complete legal guide and practical insights.
A tenancy agreement is a contract between a landlord and a tenant that sets out the terms on which the tenant occupies a property. It may be written or verbal, but written agreements provide far greater legal certainty.
Most private residential tenancies in England that fall within the assured tenancy regime now operate as assured periodic tenancies. Assured shorthold tenancies were abolished for the private rented sector from 1 May 2026, and existing ASTs generally became assured periodic tenancies from that date.
A tenancy agreement typically covers:
• The identity of the landlord and tenant(s)
• The address of the property
• The rent amount and payment terms
• The tenancy start date and rental period
• Repair and maintenance responsibilities
• Use of the property and conduct obligations
• Deposit protection and prescribed information
• Terms for ending the tenancy
A tenancy agreement sets out legally enforceable rights and duties. A well-drafted agreement:
• Reduces the risk of disputes
• Clarifies mutual expectations
• Provides clear evidence of the contractual terms where a dispute or possession claim arises
• Helps protect rental income
• Supports court claims with clear contractual terms
By contrast, a poorly drafted or non-compliant agreement can leave landlords exposed to legal challenges and tenants uncertain of their rights.
For assured tenancies created on or after 1 May 2026, landlords must provide prescribed written information about the key terms of the tenancy before the tenancy agreement is signed or otherwise agreed.
The information can be incorporated into a written tenancy agreement or provided separately. Failure to comply with the statutory requirements can result in a financial penalty of up to £7,000.
For certain existing tenancies created before 1 May 2026, different transitional information requirements applied. Knights & Shah Solicitors can advise landlords on the information required and review existing tenancy documentation for compliance.
Assured periodic tenancies are now the principal form of assured tenancy in the private rented sector in England. They operate on a rolling basis, such as weekly or monthly, and cannot have an effective fixed contractual end date. The tenancy continues until it is lawfully brought to an end by the tenant, by agreement between the parties or through the applicable possession procedure.
Assured shorthold tenancies and other assured tenancies existing immediately before 1 May 2026 generally became assured periodic tenancies when the new regime commenced. An existing written tenancy agreement did not automatically need to be replaced, although statutory changes may affect how some of its provisions now operate.
Not every residential letting is an assured periodic tenancy. Different rules can apply to lodgers, licences, certain student accommodation, holiday lets and other residential occupation arrangements. The legal status of the arrangement should therefore be established before advice is given on the parties’ rights or how the occupation can be brought to an end.
Less common residential tenancies that may have different protections and eviction conditions.
For landlords, including clear and enforceable clauses is critical. Essential clauses typically cover:
• Amount of rent
• Frequency (weekly, monthly)
• Method of payment
• Late payment consequences
Poorly drafted rent terms can make it harder to recover arrears or enforce possession.
If a deposit is taken, it must be protected in a government-approved scheme and prescribed information given to the tenant within the statutory period.
Failure to comply can invalidate eviction notices and weaken legal positions later.
A tenancy agreement should clearly specify:
• Landlord responsibilities for structural repairs
• Tenant responsibilities for day-to-day upkeep
• Reporting procedures for defects
This section often intersects with statutory repair obligations.
This clause governs:
• Occupation by named tenants only
• Restrictions on pets
• Unauthorised subletting
• Use for unlawful purposes
Poorly defined conduct clauses cause many disputes.
Tenants should not make structural or significant internal alterations without written landlord consent. This protects safety, insurance and compliance.
A tenancy agreement breach occurs where a tenant fails to comply with the contract or statutory obligations. Common breaches include:
• Rent arrears
• Persistent late payment
• Unauthorised subletting
• Damage beyond fair wear and tear
• Failure to report defects
• Antisocial behaviour
Where a breach occurs, landlords have options:
• Informal resolution or warning letters
• Formal breach notices
• Possession proceedings under Section 8
• Claims for financial recovery or compensation
Proper enforcement depends on clear contractual wording and strong evidence.
Many tenancy breaches (such as rent arrears or antisocial behaviour) form the factual basis for Section 8 eviction grounds. For example:
• Ground 8 for rent arrears
• Ground 11 for persistent late payment
• Ground 12 for general breaches
• Ground 14 for nuisance or illegal use
A clear tenancy agreement helps link factual breaches to the legal grounds.
Section 21 No-Fault Evictions – Abolished
Section 21 ‘no-fault’ eviction was abolished in England on 1 May 2026. Landlords can no longer serve a Section 21 notice to recover possession and must instead rely on an applicable statutory ground for possession.
For landlords dealing with rent arrears, tenancy breaches or other grounds for possession, the correct legal route will depend on the circumstances of the tenancy and the statutory ground relied upon.
Knights & Shah Solicitors advise landlords on the current possession regime, including Section 8 notices, possession grounds and court proceedings.
Clauses that are unlawful, unfair or inconsistent with statutory rights may not be enforced by courts.
Examples include:
• Unreasonable penalty provisions
• Blanket bans that conflict with statutory rights
• Terms that negate legal protections
Ambiguous language leads to disputes. Clear drafting avoids uncertainty about obligations and enforcement.
Failure to protect a deposit in a statutory scheme has far-reaching consequences, often blocking eviction routes until remedied.
A solicitor experienced in landlord and tenant law will:
• Draft tenancy agreements tailored to risk profiles
• Review and strengthen existing contracts
• Advise on statutory compliance and eviction strategy
• Prepare evidence and notices for enforcement
• Represent landlords (and tenants where appropriate) in courts
• Reduce the risk of invalid notices and legal delays
Landlords choose us because:
• We specialise in tenancy and possession disputes
• Every contract is reviewed by a qualified solicitor
• We ensure statutory compliance and legal validity
• We prepare court-ready documentation
• We advise on eviction and recovery strategy
• We protect your interests pragmatically and thoroughly
If you need a tenancy agreement drafted, reviewed, updated for compliance, or you are dealing with a breach and need enforcement advice, contact Knights & Shah Solicitors.
We provide clear, solicitor-led guidance tailored to your situation, protecting your rights and strengthening your legal position.
Top UK Solicitors in Housing Law & Civil Litigation - Defending Your Rights Effectively
Qualified Attorneys Dedicated to Your Rights – Expert Legal Support You Can Trust
Proven Success in Defending Your Rights and Achieving Justice
“Justice will not be served until those who are unaffected are as outraged as those who are.”
