The tenancy agreement is a contract between the Tenant and the landlord. It may be a written or oral agreement. The tenancy agreement gives certain rights to both the Tenant and the Landlord, for example a right for the Tenant to occupy the accommodation and a right to the Landlord to receive rent for letting the accommodation.
The Landlord and Tenant may have made arrangements about the tenancy, and these will be part of the tenancy agreement as long as they do not conflict with law. Both the Landlord and Tenant have rights and responsibilities given by law.
The tenancy agreement can give both the Tenant and the Landlord more than their statutory rights, but cannot give them less than their statutory rights. If a term in the tenancy agreement gives either the Landlord or Tenant less than their statutory rights, that term cannot be enforced.
If you have a written agreement, it should indicate the type of tenancy you have. The most common form of tenancy is an ‘Asssured Shorthold Tenancy’ which allows the Landlord to let the property whilst retaining the right to repossess the property at the end of the term. This contrasts with regulated and assured tenancies, where the tenant may be entitled to stay in the property at the end of the term.
The tenancy agreement should be signed by both parties. Each tenant, if there are joint tenants, should receive a copy of the agreement. The landlord is obliged by law to give the tenant their name and address, regardless of whether or not there is a written tenancy agreement.
It is good practice for a written tenancy agreement to include the following details:
- The name and address of the landlord and tenant and the name and the address of the property which is being let
- The date the tenancy began
- Details of whether other people are allowed the use of the property, and if so, which rooms
- The duration of the tenancy, that is, whether it runs out on a certain date
- The amount of rent payable, how often and when it should be paid and how often and when it can be increased. The agreement could also state what the payment includes, for example, council tax or fuel
- Whether the landlord will provide any services, for example, laundry, maintenance of common parts or meals and whether there are service charges for these
- The length of notice which the landlord and tenant need to give if the tenancy is to be ended. Note that there are statutory rules about how much notice should be given and these will depend on the type of tenancy and why it is due to end
- The agreement may also contain details of the landlord’s obligations to repair the property, although it is rare for agreements to go into details, the landlord’s obligations to repair depend on the type of tenancy
This article is part of our “Expert Advice” series and features advice from Aashim Dhand, Managing Director at PLS Solicitors. For more help get in contact with PLS here.
