What is a tenancy agreement?
A tenancy agreement is a contract between the landlord and the tenant. It may be written or verbal. The tenancy agreement gives rights to both the landlord and the tenant, for example, the tenant’s right to occupy the accommodation and the landlord’s right to collect rent for letting the accommodation.
As a landlord you may specify arrangements about the tenancy, and these will be part of the tenancy agreement as long as they do not conflict with law. Both the landlord and tenant have rights and responsibilities given by law. The tenancy agreement gives the landlord and the tenant more than statutory rights. If a term in the tenancy agreement gives either the landlord or the tenant less than statutory rights, the term cannot be enforced.
A tenancy agreement is made up of:-
The express terms of a tenancy agreement are those that have been written out in a document or discussed in a verbal agreement. Most written tenancy agreements include terms such as:
- The type of tenancy
- The name and address of the landlord and all tenants
- The address of the property being rented
- The start and end date of the tenancy
- The amount of rent to be paid per week or month
- The date and manner in which rent will be paid each week or month
- Whether rent includes “extras” such as utilities and/or council tax, or if they will be paid separately by the tenant
- The manner, and time, in which the landlord must be notified before the tenant leaves the property
- That the landlord will give a minimum of 24 hours notice prior to inspecting the property
Implied Terms of a Tenancy Agreement
The implied terms of a tenancy agreement are those that may not always be detailed in a written tenancy agreement or discussed in a verbal agreement, but nonetheless are in effect due to the law or by “custom and practice” (meaning that these terms have become common and accepted practice). Common implied terms include:
- That the landlord will undertake basic repairs to the accommodation as required
- That the landlord will keep appliances for utilities (such as heaters, boilers, etc.) in working order
- That the tenant will take care of the premises and property during their tenancy and keep it in satisfactory condition