Tenancy Agreement

Tenancy Agreement

It is advisable for a landlord to provide the tenant with a written tenancy agreement. Most if not all reputable agents will provide such tenancies for landlords.

A written agreement provides more security for both parties, as opposed to Oral agreements where the terms are open for argument.

Most tenancies are Assured Shorthold Tenancies. However, if a landlord or agent lets to a company, or the individual asks for his company name to be named as the tenant, then other types of agreements must be considered, such as a Company Let Agreement.

Section 1 of the Housing Act says:

  • (1) A tenancy under which a dwelling-house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—
  • (a) the tenant or, as the case may be, each of the joint tenants is an individual; and
  • (b) the tenant or, as the case may be, at least one of the joint tenants occupies the dwelling-house as his only or principal home; and
  • (c) the tenancy is not one which, by virtue of subsection (2) or subsection (6) below, cannot be an assured tenancy.

Note two key factors, the tenant must be an individual and the property must be used as their only or principal home.

A well drafted tenancy agreement can help immensely should it ever be used as evidence at court. Clear terms set out before the tenant enters into/signs the agreement, such as Deregulation Documents, How to Rent Requirements and Deposit/Prescribed Information is as important and fundamental as stipulating how much rent is to be paid.

Landlords/Agents

Call or email us if you wish us to draft a tenancy agreement for you, or if you wish to use our document checking service.

Contact Landlord Litigation for a Same Day Response

01622 438 551
07715 532679

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