What Should Be Included in Tenancy Agreements After the Renters’ Rights Act 2025

The Renters’ Rights Act 2025 has transformed the way tenancy agreements are drafted and enforced across England. Landlords and letting agents must now ensure that every clause within their contracts complies with the new rules.

This landmark law introduces mandatory terms, prohibits specific clauses, and abolishes fixed-term tenancies in favour of periodic tenancies. Understanding what should be included in tenancy agreements after the Renters’ Rights Act 2025 is crucial for legal compliance and tenant transparency.

The End of Fixed-Term Tenancies: What It Means for Contracts

The most significant change under the Renters’ Rights Act 2025 is the end of fixed-term tenancies. All new tenancies automatically become periodic, continuing indefinitely until the tenant decides to leave or the landlord can legally regain possession under specific grounds.

This shift means tenancy agreements can no longer include clauses that tie tenants into a set period. Instead, they must clearly explain how and when notice can be given.

For landlords, this also means removing references to renewal dates, fixed durations, and automatic extensions.

A compliant tenancy agreement should now:

State that the tenancy is periodic and continues on a rolling basis.
Outline the notice period tenants must give, typically two months.
Explain the grounds for possession that landlords may rely on to end the tenancy.

The goal of the Renters’ Rights Act 2025 is to create greater flexibility and security for tenants while still protecting landlords’ property rights.

Essential Clauses Every New Tenancy Agreement Must Contain

When determining what should be included in tenancy agreements after the Renters’ Rights Act 2025, landlords must ensure the following essential clauses are present and clearly written.

Parties to the Agreement

The full names and contact details of both landlord and tenant must be included, along with the rental property’s full address.

Rent and Payment Terms

Agreements must clearly state the rent amount, payment frequency, and acceptable payment methods. It should also explain when rent reviews can occur, as the Act limits increases to once per year with proper notice.

Deposit Protection

The deposit clause must specify the amount paid and the name of the government-approved scheme where it will be protected. Details about the process for returning the deposit should also be outlined.

Repairs and Maintenance

Tenants’ and landlords’ responsibilities for repairs must be clearly defined, reflecting new legal standards on safety and habitability under the Act. This includes obligations related to damp, mould, and energy efficiency.

Ending the Tenancy

Because there is no fixed end date, this clause must explain how both parties can terminate the agreement. The landlord’s right to possession must comply strictly with the new grounds set out in Schedule 2 of the Act.

Tenant’s Obligations

Rules regarding property care, utility use, and conduct should remain, provided they do not unfairly restrict tenants’ rights.

Landlord Access and Inspections

The Act strengthens tenants’ rights to quiet enjoyment. Access clauses must now ensure landlords provide at least 24 hours’ written notice before entering, except in emergencies.

Terms That Are No Longer Legal Under the Renters’ Rights Act 2025

The new legislation also bans several terms that were once common in rental contracts. When deciding what should be included in tenancy agreements after the Renters’ Rights Act 2025, landlords must ensure these prohibited clauses are entirely removed.

Unlawful Terms Include:

Fixed-Term Clauses: Agreements cannot bind tenants for a set number of months or years.
“No-Fault” Eviction Clauses: Any clause implying possession without a legal ground is invalid.
Excessive Rent Review Clauses: Rent increases must follow the Act’s process and be based on fair market rates.
Blanket Bans: Prohibiting tenants with children, pets, or on benefits is now illegal and considered discriminatory.
Compulsory Professional Cleaning or Exit Fees: These are deemed unfair unless tied to proven tenant damage.

Landlords must review all standard templates to ensure that these terms are deleted or rewritten to comply with new legal standards.

How to Draft a Compliant Agreement

Creating compliant tenancy agreements after the Renters’ Rights Act 2025 requires a structured approach. Templates used before 2025 are no longer reliable and could expose landlords to penalties or tribunal claims.

To draft a compliant agreement:

Use Updated Templates: Only rely on documents that reflect the latest legal changes.
Be Transparent: Include all relevant terms in plain English, avoiding legal jargon.
Check Fairness: Terms must comply with the Consumer Rights Act 2015 fairness test.
Consult Professional Advice: Letting agents and landlords should consider legal review by a housing solicitor or association.
Keep Copies and Evidence: Always provide tenants with a signed copy and retain proof of delivery.

Drafting a compliant tenancy agreement is not just about legal safety it also builds trust and professionalism with tenants.

Best Practice for Landlords and Letting Agents

The Renters’ Rights Act 2025 is not just about removing old clauses; it represents a wider cultural change in the rental market. Landlords and letting agents must prioritise fairness, communication, and clarity.

Stay Informed

New regulations and possession grounds may continue to evolve. Always stay up to date with reliable landlord associations and government portals.

Train Your Team

Letting agents should train staff on the new tenancy framework, ensuring everyone understands rent increase procedures, notice requirements, and tenant rights.

Communicate Clearly

Tenants should receive a written explanation of their rights at the start of the tenancy. This avoids disputes and demonstrates good faith.

Record Keeping

Keep a digital file for every tenancy containing signed agreements, deposit protection certificates, and rent increase notices.

Use Professional Tools

Modern property management software can automate compliance reminders and document updates, reducing administrative risks.

Adhering to best practice not only ensures compliance with the Renters’ Rights Act 2025 but also enhances reputation and tenant satisfaction.

FAQs

Will I still be able to charge rent in advance?

Yes, landlords may still request rent in advance under the Renters’ Rights Act 2025, provided the payment terms are fair and clearly stated in the agreement. However, landlords cannot use advance rent as a substitute for a deposit, and tenants must be fully informed of how the payment period operates.

Can I include break clauses in periodic tenancies?

Yes, but they must align with the Act’s framework. Break clauses can allow tenants or landlords to end the tenancy early under agreed conditions.

However, they cannot override statutory notice periods or possession grounds. Every break clause should be drafted in plain, fair language to avoid disputes.

Conclusion

Knowing what should be included in tenancy agreements after the Renters’ Rights Act 2025 is vital for landlords and letting agents. The end of fixed terms, the introduction of new mandatory clauses, and the removal of unfair conditions mark a new era in private renting.

An explicit, compliant tenancy agreement not only prevents disputes but also ensures both parties enjoy a fair and transparent rental relationship.

Read our top-read blogs:

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Need help now? Contact Landlord Advice UK today for tailored guidance and practical support to future-proof your rental business.