A tenancy agreement is a sound investment for both landlords and tenants. It states your rights and responsibilities right from the start, but will also foster positive relationships between both parties and minimize any future problems. Here at QualitySolicitors Bradbury Roberts & Raby, based in Laneham Street, Scunthorpe, we have many years experience in helping to create tenancy agreements for our clients.
If you are a landlord, you have legal obligations to provide a tenancy agreement to your tenants. Your tenancy agreement should set out all the legal terms and conditions of the tenancy and can be either of the following:
- Fixed-term (runs for a set period of time)
- Periodic (runs on a week-by-week or month-by-month basis)
Understand the Types of Tenancies
There are several different types of tenancies, with the most common type being an Assured Shorthold Tenancy (ASTs). Landlords who provide an AST must ensure that all the following apply:
- They are a private landlord or housing association
- The tenancy commenced on or after 15th January 1989
- The property is your tenants’ primary accommodation
- The landlord doesn’t live in the property
Besides an AST, other tenancy options include an Excluded Tenancy or Licence, an Assured Tenancy and a Regulated Tenancy. Each of these tenancy options have their own individual terms and can be the chosen option depending on an individual landlords’ preferences.
Include the Relevant Details
It is essential that landlords include all the relevant details within their tenancy agreements to ensure that both they and their tenants are protected. Landlords must include the following information within the tenancy agreement:
- Full names of all the individuals involved (this should include the tenant(s), the landlord and the letting agent, if appropriate)
- Full rental price and the method of payment
- Details on how and when the rent will be reviewed
- The deposit contribution and how it will be protected
- The terms for when the deposit can be withheld (such as to repair damages that have been caused by the tenants)
- The full address of the property
- Tenancy start and end dates
- Details of bills that tenants are responsible for paying
It is important that the terms of the tenancy are fair and comply with the law. Landlords mustn’t have anything in their tenancy agreement which directly or indirectly discriminates against their tenants. It is unlawful for landlords to discriminate or harass any of their tenants on any of the following basis’:
- Sexual Orientation (including if the person is transgender)
- Being pregnant or for having children
Ending a Tenancy
To end a tenancy, landlords must give their tenants notice. The amount and format of the notice will vary dependant on the type of tenancy agreement and its terms. For the most popular Assured Shorthold Tenancy, landlords can terminate the tenancy at the end of the term by giving notice provided these conditions are met:
- The landlord has protected their tenants deposit in a deposit protection scheme and given the appropriate notices
- The landlord has given the tenant all relevant information about the property and the tenancy at the start of the tenancy
- The tenant(s) is given at least 2 months’ written notice and the date that they must leave; and
- The date the tenant must leave is at least 6 months after the date on which the tenancy originally began
As well as providing a tenancy agreement, landlords have other legal responsibilities, and you can find more information about your responsibilities here.
Our expert and qualified property team here at QualitySolicitors Bradbury Roberts & Raby’s can offer expert advice regarding tenancy agreements and deposits for both tenants and landlords and our client testimonials bear witness to this.
Our client promises include First Free Advice to help you find out what your options are and a Clear Price Guarantee means that you never to worry about hidden costs if you do decide to instruct us, we have many years’ experience in helping to create tenancy agreements for our clients.
Why not give us a call on 01724 854000 for a Free Initial Assessment to discuss your requirements today.