Property Law - Tenancy Agreements
Tenancy agreements are the contract between a landlord and those who are renting his house or property. The basic function of the agreement is to give certain rights to both sides of this arrangement - the tenant has the right to occupy the accommodation, and the landlord has the right to receive rent for this privilege.
Although tenancy agreements can be as simple as that (and a tenancy agreement can indeed be merely oral in England and Wales) it is sensible for both parties to agree on a contract that stipulates in detail the requirements of both sides. These contracts can sometimes be weighted to be more beneficial to the landlord (as it is them who generally create the contract for the tenant to sign), but UK property law also protects the basic rights of the individual tenants. In fact, the contract can specify anything the parties want to agree on, as long as it doesn't conflict with basic law.
Both the tenant and the landlord have statutory rights and responsibilities. The tenancy agreement may specify additional rights to the tenant or the landlord, but it cannot take away the statutory rights of either party. In this way, unfair contracts do not hold up in court.
There are differences in the law between England and Wales and Scotland. For example, in Scotland, your landlord must provide a written version of the tenancy agreement. This is not required in England and Wales.
If there are joint tenants, all tenants should sign the agreement, as well as the landlord. Be careful to read the details of what happens if one tenant does not pay their rent, or leaves without notice. In this case, it is common for the other tenant to be liable for the costs.
A good tenancy agreement should include the names of all the parties involved, the address of the property, and the date that the tenancy will commence. The agreement should stipulate whether other people are allowed to use the property (particularly in the case of commercial buildings). Details such as how long the tenancy is for and when it runs out are important. The amount of rent payable, how often and whether it can be increased should be stipulated. A written tenancy agreement should also specify how much notice is required before closing the contract, and whether the landlord is liable for bills, repairs etc.
Although tenancy agreements can be as simple as that (and a tenancy agreement can indeed be merely oral in England and Wales) it is sensible for both parties to agree on a contract that stipulates in detail the requirements of both sides. These contracts can sometimes be weighted to be more beneficial to the landlord (as it is them who generally create the contract for the tenant to sign), but UK property law also protects the basic rights of the individual tenants. In fact, the contract can specify anything the parties want to agree on, as long as it doesn't conflict with basic law.
Both the tenant and the landlord have statutory rights and responsibilities. The tenancy agreement may specify additional rights to the tenant or the landlord, but it cannot take away the statutory rights of either party. In this way, unfair contracts do not hold up in court.
There are differences in the law between England and Wales and Scotland. For example, in Scotland, your landlord must provide a written version of the tenancy agreement. This is not required in England and Wales.
If there are joint tenants, all tenants should sign the agreement, as well as the landlord. Be careful to read the details of what happens if one tenant does not pay their rent, or leaves without notice. In this case, it is common for the other tenant to be liable for the costs.
A good tenancy agreement should include the names of all the parties involved, the address of the property, and the date that the tenancy will commence. The agreement should stipulate whether other people are allowed to use the property (particularly in the case of commercial buildings). Details such as how long the tenancy is for and when it runs out are important. The amount of rent payable, how often and whether it can be increased should be stipulated. A written tenancy agreement should also specify how much notice is required before closing the contract, and whether the landlord is liable for bills, repairs etc.
