A Tenancy Agreement is a contract that outlines the terms and conditions for a landlord and tenant letting a private residential property. It includes the rights and responsibilities of both parties during the letting period. 

Depending on where you live, a Tenancy Agreement can also be referred to as a:

• Private residential tenancy agreement (Scotland)
• Assured shorthold tenancy agreement (England)
• Occupation contract (Wales)
• Short-term tenancy agreement
• Letting agreement
• Rental agreement

Our customisable Tenancy Agreement template allows you to specify where your rental property is located. After selecting the appropriate country, we customise the template to your country’s tenancy laws.

In UK countries, tenancies are governed by several legislations, including but not limited to:

UK laws also outline anti-discrimination practices that landlords must follow. For example, England, Scotland, Wales and parts of Northern Ireland follow the Equality Act 2010. This legislation documents how landlords cannot commit discriminatory acts like refusing a Residential Tenancy Application, creating terms in their agreements, or evicting a tenant based on protected characteristics.

Keep up to date with tenancy legislation to further understand landlord and tenant responsibilities. If you’re unsure about tenancy laws, seek the advice of a solicitor for more guidance.

LawDepot’s template allows you to customise a lease to your unique rental needs by offering different types of Tenancy Agreements. 

For England, Wales, and Northern Ireland, this includes:

• A fixed-term lease that usually ends on a specific date. This tenancy provides certainty because the terms, including rent, cannot be changed during the tenancy unless the landlord reserves this right in the Tenancy Agreement and the tenant agrees to the changes.
• A periodic lease, also known as a rolling tenancy agreement, has no specific end date and will renew automatically until a landlord or tenant chooses to end the tenancy. This tenancy allows a landlord to raise the rent or change the tenancy terms by providing the tenant(s) with proper notice, as required by law.

Scotland only allows periodic tenancies, also known as a private tenancy agreement. 

Regardless of your lease type, you can include an option to purchase. This option means the tenant can buy the property at any time during the tenancy term for an agreed-upon amount.

Entering a Tenancy Agreement benefits landlords and tenants, even if it’s not legally required in your jurisdiction. Though verbal agreements are legal, they're not always reliable, as people can forget what was discussed. Once both parties sign a written agreement, it becomes legally binding. 

An agreement clarifies essential financial aspects of a tenancy, such as when and how much rent is owed. This also includes deposits and whether utilities or council tax are included in the rent. 

A written agreement also sets boundaries and outlines landlord and tenant obligations. Knowing what both parties legally can and cannot do provides clear rules and expectations throughout the tenancy period. This can include a landlord notice for entry and eviction or if a tenant can have pets or end an agreement early.

Finally, having an agreement in writing provides proof of the terms both parties agree upon. If a dispute occurs, a Tenancy Agreement is evidence for the original signed terms. 

To learn more about letting properties, including landlord safety requirements and certificates, read LawDepot's Landlord Resources: A Complete Guide to Renting Out Property.

Anyone renting residential property to or from another person should have a Tenancy Agreement. A landlord typically writes an agreement and provides a copy for their tenant to review and sign. Depending on legislation, once both parties have completed the document, a landlord may be required to provide signed copies to a tenant. However, on some occasions, a tenant may draft a contract. 

Some examples of when an individual or organisation will find this document useful include:

• Homeowners looking for a temporary tenant for their house or lodger to rent a room
• Potential homeowners looking to rent with an option to purchase
• Someone letting a home to other family members or friends
• Letting agents and tenant replacement services
• Individuals who own a rental property
• Tenants moving into a new place

You can easily create your own Tenancy Agreement using LawDepot’s template. Once complete, you’ll have a downloadable PDF to print, share, and sign. We offer standard and comprehensive agreements.

Standard agreement

Our questionnaire will prompt you to include only the details needed for a legally binding agreement for your rental property, such as:

• Landlord and tenant details, including names and contact information
• Property details, such as the address
• Lease specifics, like the rental term and start date
• Rent payment details, such as the amount, frequency, due dates, late fees, and acceptable forms of payment
• Security deposit information, such as the amount and rules for returning the deposit
• Utility information, such as whether they are included in the rent
• Rights and obligations for the landlord and tenant

A standard agreement can specify parking, rent increases, and early possession while providing terms on contract termination and inspections. A contract can further outline rules on smoking, pets, maintenance, and insurance.

Comprehensive agreement

Our template allows you to create a more comprehensive agreement which includes all the same information as a standard one plus additional clauses regarding:

1. Tenants operating a home business
2. Tenants having a guarantor
3. Landlords providing a furnished rental property
4. Landlords using a property manager

A legal Tenancy Agreement should include the names of all tenants. If multiple people want to be legally considered tenants and have the associated rights, all their names and signatures must be in the contract. 

If an adult or minor lives in the rental property but is not on the agreement, they’re considered an occupant, not a tenant. For example, in Scotland, if a friend stays in a residence for a more extended period without paying rent, they’re considered a non-tenant occupier, meaning they don’t have the same rights as a tenant who signed a lease. 

Changes can be made to a Tenancy Agreement with a Lease Addendum. This document allows a landlord and tenant to change an agreement rather than make an entirely new one. 

To amend a Tenancy Agreement, both parties must agree to a Lease Addendum’s terms and sign it. 

A Tenancy Agreement will determine if anyone can end the lease early. Typically, fixed-term tenants are responsible for paying rent until the end of the contract. However, a break clause in an agreement can allow a process to end the contract early. Alternatively, both parties can agree to end the tenancy early with a Termination Agreement.

If terminating a lease is not an option, there are alternatives for both parties, including the following:

• Subletting a rental property. Subletting allows the tenant to use a Sublet Agreement to allow a subtenant to rent the property. The tenant remains liable for the obligations stated in the original lease and acts as a sublandlord to the new resident. 
• Assigning a Tenancy Agreement. A Lease Assignment Agreement allows you to transfer the lease to a new tenant if the original Tenancy Agreement allows it and both parties agree to it. The document permits the current tenant to give up their rights and obligations to the new tenant.

Both landlords and tenants must use proper measures to end their Tenancy Agreements early. Both parties could be in breach of contract if a landlord goes against eviction requirements or a tenant fails to pay rent as required by their lease.