Whether you are a landlord or a tenant it’s really important to have an agreement in place. This not only sets out the rights of the tenant but the obligations of the landlord too. It ensure everyone knows the terms under which the tenancy will be governed.
In England, it is not a legal requirement for landlords to provide a tenancy agreement in writing. However, it is advisable to have a written tenancy agreement to ensure both sides have proof of what has been agreed. This is crucial should there be any disputes or disagreements down the road.
In this blog we cover everything you need to know about tenancy agreements. From their importance, to what they should include and what you need to do to ensure a smooth tenancy.
What is a Tenancy Agreement?
A tenancy agreement is a contract between a landlord and a tenant allowing the tenant to live in the rented property of the landlord, for the duration set in the agreement, as long as they follow the rules and pay their agreed rent. With a tenancy agreement in place, both parties are aware of their responsibilities during the tenancy period.
A tenancy agreement can be both verbal and in writing. Once signed, it is a legally binding contract or legally enforceable, meaning that if one party doesn’t follow the obligations set out in the agreement, the other party can take them to court.
If you are a landlord, there are a few good legal reasons why it’s best to have a written agreement in place. For instance, without a signed tenancy agreement, you won’t be able to claim possession using the section 21 accelerated possession procedure once the notice has expired.
What should a Tenancy Agreement include?
It is important that the Tenancy agreement includes all the details possible about your rental arrangement. Even if it comes to a point where you want to end the tenancy earlier than agreed, you can only do so if the agreement says you can or if your landlord agrees. Though there is no legal requirement on the specifics in the agreement, most should include the following:
- The address of the property
- The details of all parties involved
- The rights and obligations of both parties
- Amount of agreed rent and how it will be paid
- Deposit amount and protection of the deposit
- Terms of tenancy
- Notice period to end the tenancy
- Other terms and conditions and special arrangements
You or the landlord can agree to include other relevant information in the agreement. The legal part of the contract should comply with the law, and if you are not sure about a certain aspect of the agreement you should either talk to the landlord or ask for professional advice. It is important to understand every single detail in the agreement before signing it and therefore making it legally binding.
What voids a Tenancy Agreement?
A tenancy agreement is no longer valid if the tenant doesn’t follow the rules clearly stated in the agreement. This can include anything from not paying rent in full or on time, to sub-letting a room or undergoing construction work on the property without the landlord’s permission. Using the property for conducting business or as business premises without the landlord’s permission is a common contract breach too.
To avoid breaching the agreement make sure you understand all of the requirements set out by the landlord and in the agreement. Have someone else read the agreement before signing it or ask for professional advice if there’s anything you don’t understand.
Final thoughts
A tenancy agreement should be drafted to your specific needs by professionals. At K&K Legal Consulting we can tailor a bespoke tenancy agreement and advise on tenancy related questions. Our experience in property litigation means we can ensure the agreement is drafted in the best way possible to minimise further issues. Check out what legal services we offer for landlords and tenants and don’t hesitate to contact us.
