What this guide covers
- A provisional tenancy can be binding: read key terms before signing or paying.
- A fixed term, a break period and notice are separate issues governed by the actual wording.
- Stamping, Form CR109 and contract terms serve different purposes and do not replace one another.
Confirm who is letting and who is renting
Start with the essentials on the agreement: the full address, exactly what is being let, and the names or company details of everyone signing. Match these with the land search and identification. Where ownership is shared, a company or representative is involved, or the property is sublet, establish who can sign, receive payments and hold the deposit. Ask about family occupants, pets, home working and subletting before signing. An agent's assurance that something is usually fine is not the landlord's consent.
- Obtain the proposed agreement and attachments and have unfamiliar wording explained.
- Ask a lawyer to review actual documents where ownership or authority is complex.
Separate each payment obligation
| Item | The agreement should state |
|---|---|
| Rent | Amount, due date, payment method and receipts |
| Deposit | Purpose, permitted deductions, return deadline and method |
| Other costs | Responsibility for management fees, rates, government rent, utilities and repairs |
| One-off charges | Commission, stamp duty and other sums and payment conditions |
Check the recipient of each payment against the lessor's identity. Someone collecting on the landlord's behalf should have clear authority and provide a receipt. Another point worth settling is how the deposit may be used. It is not automatically a substitute for the final months' rent. Withholding rent or applying the deposit without agreement can create a separate breach, even if you are preparing to leave.
Translate the term and break clause into dates
Phrases such as “two years with one year fixed” are shorthand, not the full break clause. Read the agreement for commencement, handover, rent-free periods and expiry. Then establish which party may give notice, the earliest date, how much notice is needed, how it must be delivered and whether charges apply. A renewal right can also have a deadline and a way of setting the new rent. Changes to work, immigration status or schooling do not necessarily allow a penalty-free departure.
Assign repairs to specific equipment
An inventory should identify the air conditioners, refrigerator, water heater, washing machine and other items supplied with the flat. Agree responsibility for normal wear, maintenance, damage and structural problems, as well as whom to contact, how emergency work is authorised and how access is arranged. For leaks or faults already present, record the repair deadline and the condition expected at handover. This helps avoid a later argument over whether the problem arose during your tenancy.
- Photograph existing defects as an attachment confirmed by both parties.
- Check consent for drilling, window guards, lock changes and major appliances.
- Retain quotations, authorisations, invoices and repair correspondence.
Complete the separate administrative steps
There are separate administrative steps after signing. The agreement must be stamped within 30 days, but the parties decide who handles it and how they share the cost; the law does not universally prescribe half each. For applicable domestic tenancies, the landlord must also submit Form CR109, the Notice of New Letting or Renewal Agreement, generally within one month of entering into or renewing the tenancy. This is not the stamping process. Check the Rating and Valuation Department's current rules for subdivided units and other special cases rather than relying on a generic agreement.
- Keep the complete agreement signed by both parties, attachments and stamp certificate.
- Check the stamped record's address, term and parties; stamping does not certify ownership.
Prepare for deposit settlement from move-in
Keep rent and bill records throughout the tenancy, and obtain acknowledgement when serving the required notice to leave. At a joint inspection, use the original inventory to distinguish wear from damage and record the final meters, keys and access cards. If a deposit deduction is disputed, request the item, its basis and evidence of cost, then seek tenancy advice or legal help as appropriate. Do not sign a full-and-final settlement simply to finish the handover if it does not reflect your understanding.
Frequently asked questions
Can a provisional tenancy be cancelled freely?
Do not assume so. It may already be binding. Read default, refund and formal-agreement provisions before signing.
Must landlord and tenant split stamp duty equally?
The Inland Revenue Department says all executing parties have payment responsibility; they decide sharing and payment arrangements.
Can I stop rent if the landlord does not repair?
Check the contract, give written notice and seek tenancy or legal advice first. Stopping rent can create a separate breach.
Official sources and further reading
This guide draws on the sources below, last checked on 2026-11-13. Before acting, recheck the relevant authority’s current eligibility, fees and annual arrangements.
Estate Agents AuthorityRenting, step seven: signing the tenancy agreementChecked 2026-11-13 · Open official sourceInland Revenue DepartmentTenancy agreement stamp duty FAQsChecked 2026-11-13 · Open official sourceRating and Valuation DepartmentTenancy matters: frequently asked questionsChecked 2026-11-13 · Open official sourceCheck whether each item is an official requirement, case-specific evidence or an editorial suggestion. Other people’s experiences may help, but decisions on your case remain with Immigration or the relevant authority.
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