Checking your tenancy agreement: what should you look for?

1. Check the parties and the accommodation

Record the landlord’s full name, correspondence address and the identity of the person signing for them. A managing agent can handle contact without being your contractual landlord. Ask who deals with complaints, repairs and the deposit. Check the address and whether a storage room, garden or parking space is included. Ask for a written addition if a verbally promised facility is absent.

Identify the facilities you share. Self-contained accommodation and a room have different rent rules. A private front door does not settle the question by itself: essential facilities and your right to use them matter. When renting a room, pay particular attention to the description of shared areas.

2. Compare signing, commencement and duration

Record when the agreement was concluded, when the keys are handed over and when payment starts. These dates can have different legal consequences. Since 1 July 2024, a tenancy for an indefinite period has been the general rule, subject to exceptions and older agreements. Check the official types of tenancy agreement.

A minimum term differs from a statutory fixed-term tenancy. Ask for clarification if one clause says indefinite duration, another says a fixed year and another promises automatic expiry. Quote the conflicting provisions. Then consult the guide to fixed-term tenancies or indefinite tenancies, depending on the intended arrangement.

3. Give every payment its own line

Separate basic rent, service advances, energy, any energy performance payment and the deposit. Check the monthly total. If the document only says inclusive, ask what amounts were agreed. Paying one combined transfer does not automatically make the arrangement an all-in rent. However, an unidentifiable basic rent can affect the appropriate procedure.

4. Check the points and rent review clause

Ask for the points calculation and compare the floor area, facilities and energy label with the property. For new agreements from 1 January 2025, landlords must provide a written points calculation. Use the official Huurprijscheck as an initial check. The agreement date and initial rent remain relevant to sector classification.

Also read how the annual rent may change. Which index, additional percentage, notification and first increase date are stated? The statutory ceiling and the contractual basis are separate checks. A maximum on an official website does not establish that every clause is valid or that the entire maximum can be applied.

5. Examine the deposit and initial charges

Ask for proof of the deposit payment and clear repayment arrangements. Check the rules applicable to the agreement date. Ordinary wear cannot simply be charged as damage. An intermediary acting for the landlord cannot also charge you brokerage fees for that work. Read the guide to brokerage fees before accepting administration or contract charges.

6. Read access, maintenance and house rules concretely

An access clause does not give general permission for unannounced visits. Ask how repair appointments are arranged and who holds a key. The official tenant information addresses access and information obligations.

Check whether the maintenance allocation follows the statutory responsibilities. A sentence making the tenant responsible for every repair may be too broad. Also examine restrictions on living together, pets, working at home or subletting. Their meaning and validity depend on the wording and circumstances; having a restriction assessed is different from simply ignoring it.

7. Make the initial condition verifiable

Inspect the home at key handover and record existing damage, damp, missing keys and faulty appliances. A detailed condition report helps establish later what you actually caused. Include meter readings and serial numbers where relevant. Send any omissions promptly in writing and keep the response. A room-by-room record is more useful than a general statement that everything is in good condition.

8. Examine penalties and missing appendices

Check every document incorporated by reference. Have you received the general conditions, service charge specification and house rules? Request anything missing. For a penalty clause, identify the conduct, amount, accumulation and legal validity. Do not assume every printed penalty is automatically payable. Seek an assessment using the complete wording and any provision it refers to.

9. Turn your findings into a short question list

Mark what is agreed, what is missing and which change you want. Send one list referring to clause numbers. Request an amended final agreement rather than relying on a general reassurance, and check that version before signing. If the tenancy already exists, first ask about the legal effect of an incorrect clause. A disputed clause does not automatically authorise stopping payments.

• Parties, address and private and shared areas recorded
• Signing, key handover and duration listed separately
• Basic rent, advances, deposit and initial charges separated
• Points calculation and increase clause checked
• General conditions and inspection report received