The tenancy agreement

A tenancy agreement is a legal document between a landlord and a tenant detailing the agreed terms and expectations for the period the property is occupied. As a tenancy agreement is agreed upon by both parties, it serves to protect their rights, ensuring that what has been agreed upon is upheld and binding.

 

Requirements of a tenancy agreement 

Although a tenancy agreement is not a legal obligation in England & Wales, (a mere verbal agreement amounts to a tenancy agreement if it is in accordance with the law). The agreement must contain the rights and responsibilities of both sides.

 

Types of tenancy agreements 

The standard tenancy in England & Wales is an Assured Shorthold Tenancy (AST). This is where the landlord does not have the power to abruptly end the tenancy. If you are a resident of Scotland and Northern Ireland there are technical differences and as such if appointing us to assist, we will base our advice under the law in these countries.

 

Verbal & Written tenancy agreements 

If a tenancy agreement is verbal, it is more convenient and cost-effective, however, both sides may remember points differently so we would always suggest creating a written agreement for clarification.

 

Terms of a tenancy agreement – Express vs Implied

Tenancy agreements are made of up express and implied terms. An express term is a provision of a contract explicitly agreed upon by the landlord and tenant. An implied term is a provision of a contract that is not stated (usually because they are pretty obvious).

 

What to include in a tenancy agreement? 

A tenancy agreement should include, but is not limited to:

• Tenant and Landlord names and the address of the property being let;
• When the tenancy starts;
• How long the tenancy is and when it ends;
• The cost and frequency of the rent and details of when it can be expected to increase;
• Inclusion of bills and utilities in the rent;
• Provision of services by the landlord (cleaning, laundry, maintenance of common areas etc) and whether there is a charge for these services;
• Notice period and amount of notice required by either landlord or tenant in the event of termination of tenancy. There are legal rights for the duration of notice which depends on the type of tenancy and reason for terminating it;
• Details of whether other people have access and rights to use the property and the relevant areas that access has been granted to others, if applicable;
• The landlord must include their contact details as a legal requirement; and
• Details of the tenants and landlord’s obligation.

 

Expiration of a tenancy agreement 

When a tenancy agreement expires then there are two outcomes, the landlord and tenant can now provide their notices following the contract and the law, or the agreement becomes a periodic tenancy, therefore the contract will run on a weekly or monthly basis depending on the mode of rent payment unless otherwise agreed upon with sufficient notice.

 

How we can help

Your personal caseworker can arrange for any agreement to be checked by our solicitors. To gain our assistance you need to open a case, this is done by taking advantage of our free consultation service, activated by the link at the top of the page, should you wish to start a case the caseworker will send you the suitable payment link. Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our appointed financial advisor and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, send us scans of the agreement or any other documents.