Tenancy Agreements

We thought that you would find it useful to have access to a little information about tenancy agreements although you may wish to seek advice from the likes of a solicitor as well as make your own more detailed enquiries.

there may be either written or oral tenancy agreements
There are various forms of tenancy agreement – Image credit: NobMouse.

What is a tenancy agreement?

A tenancy agreement is a contract that is made between the landlord and the tenant(s) although it can be an oral agreement instead of a written agreement. It sets out the rights that all parties have. In the case of an oral tenancy agreement it should be appreciated that this could be difficult to enforce and prove.

Do you have to have a written tenancy agreement?

Interestingly, as far as England and Wales is concerned, you do not need to provide such an agreement to the majority of tenants. The likes of housing associations and local authorities do so.

Most tenants in Scotland are provided with a written tenancy agreement.

The tenancy agreement has to be signed by all parties and a copy provided to the tenant(s).

What is included in a written tenancy agreement?

The names of the parties to the agreement, the address of the let property, who can utilise the property, which part of the property can be used, the start date of the tenancy, how long the tenancy is to last, details of services you will provide to the tenant(s), how much the tenant will pay, what that includes and when an increase can be made and what notice period is required to end the tenancy.

What documentation must you give to the tenant?

If it is an assured shorthold tenancy agreement that was put into place on or after 28 February 1997 in either England or Wales then, within 28 days of receiving a written request to do so, you must give the tenant the terms of the agreement in writing.

The tenant, if he or she requests it, must be given your written name and address within 3 weeks.

If you have a tenant that pays their rent on a weekly basis you must issue them with the likes of a rent book.

We hope that the above is of benefit.

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