Residential Tenancy Agreement
A comprehensive guide for landlords which rent their premises under tenancy agreements.
Residential Tenancy Agreement
A residential tenancy agreement may be the document agreed coming from a landlord and tenant which sets out of the legal conditions of the rent contract. This agreement allows the tenant to reside a property given that he pays rent and adhere to the rules.
Relevant Provisions of Law
The Protected (Rent Act) Tenancy – tenancies created before 15 January 1989.
The Assured Tenancy – created by the Housing Act 1988.
The Assured Tenancy – Housing Act 1988
The Assured Shorthold Tenancy – introduced in 1988 but amended with the 1996 Housing Act.
The Common Law Tenancy, where landlord are now living in the same building
Types of Residential Tenancy Agreement
Assured Shorthold Tenancy (AST)
This could be the most common sort of tenancy agreement used when renting private residential properties. Most lettings which began after 28 February 1997 will certainly have an AST available. You may provide an AST if all on the following apply:
your rented property is private
your tenancy going on or after 15 January 1989
the house is much of your accommodation
your landlord doesn’t are in the property
All new tenancies are automatically ASTs
This kind of tenancy agreement is employed for properties let by way of a housing association or by way of a housing trust. The tenant features a higher degree of security on this form of tenancy, because it allows them to be in the property provided that they adhere to the terms with the agreement. They must show the judge that they have at this moment for wanting possession, using one on the grounds for possession within the legislation.
Regulated or “Protected” Tenancy
If a letting began before 15 January 1989, this kind of tenancy agreement may be in position. A regulated tenancy affords the tenant the greatest level of protection against eviction and increased rent.
A tenant will have a regulated tenancy if all from the following apply:
you moved in before 15 January 1989
you have a home in a different building from the landlord
you don’t end up being other services included, like cleaning
All three varieties of tenancy agreement set the rights and responsibilities the landlord as well as the tenant must each other and the home. Tenancy agreements ensure landlords and tenants are entitled to their statutory rights. What should Tenancy Agreement Include?
It is vital that the two of you are fully aware of what is included from the agreement. Standard information that needs to be in all residential tenancy agreements includes:
All parties involved (including the guarantor when there is one).
Address in the property (or room) being rented.
Start and end date with the tenancy.
Name and address of landlord.
Name and address associated with a letting agent.
Amount of rent to get paid and also the date it ought to be paid.
Method of payment.
Any additional charges.
Whether a first deposit must be paid, what it really covers and also the amount paid.
Whether the tenancy could be ended early because of the landlord or tenant and if so the amount of notice have to be given.
Who accounts for minor repairs.
Whether a tenant is capable to sublet.
Whether a tenant can offer lodgers.
Whether the tenancy could possibly be passed on to anybody.
Rules regarding pets, smoking etc.
Remember, an agreement could be amended by building or removing any terms as required, given that they don’t conflict with law. When approved by both landlord and tenant, a tenancy agreement can be a legally binding document
Rights and Obligations under Tenancy Agreement
As a tenant:
freedom to reside the property undisturbed
the right to exist in a property in the good state of repair – your landlord should make repairs and maintain the exact property
the to access info on your tenancy at any time
protection from unfair eviction
If you neglect to pay rent or breach other relation to its your tenancy agreement you’ll be able to lose your protection under the law as a tenant.
As a landlord
repossess the home and property when the tenancy ends
take back the exact property if it gets damaged
access the exact property by giving 24 hours’ notice
take court action to evict your tenant sometimes – like non-payment of rent
You can have other rights and responsibilities specifically as part of your tenancy agreement.
Ending Tenancy Agreement
It both sides agree to terminate the agreement, they’re able to legally achieve this. This is called “surrender”. There are two techniques surrender of an tenancy can happen: by “operation in the law” or with a “declaration of surrender”.
Surrender of operation by law
This is once the tenant gives up their occupation in the property for the landlord and also the landlord accepting this. This could involve the tenant handing over the home and property’s keys towards the landlord and also the landlord accepting that this agreement has ended and that they have possession.
Declaration of operation by law
This is if your tenant signs a “Declaration of Surrender”. This written document then acts as proof which the tenant has left possession on the property for the landlord.
If you are searching for possession when your tenant has not yet paid the rent or has broken one with the other terms on the tenancy agreement, different rules apply, determined by which form of tenancy your tenant has. For example, should the tenancy can be an assured tenancy, you will have to use one on the reasons or ‘grounds’ for possession from the Housing Act 1988.
Tenancy Agreement really should not be Unfair
The residential tenancy agreement is a sort of consumer contract and as a result it need to be in plain language that’s clear as well as simple to understand. It should not contain any terms which often can be “unfair”. This means, for instance, which the tenancy agreement should not put either tenant or landlord in a very disadvantageous position, enable one party to improve terms unilaterally without having a valid reason. An unfair term isn’t valid in law and should not be enforced.