Tenancy agreements

Tenancy agreements range from single page documents to epics of 15 pages or more in length.  The tenancy agreement governs the tenants right to occupy the property and is an important contractual document. 

The basic essentials of a residential tenancy agreement are:

• A commencement date
• Details of the term of the tenancy
• The rent and when this is payable
• A description of the property (including reference to any garden if this is included)
• Clarification of who pays the council tax and utilities such as gas, water and electricity
• Confirmation that the landlord is entitled to re-claim possession if the tenancy agreement is broken by the tenant

Most tenancy agreements also require the tenant to pay a deposit.  The agreement should also deal with:

• When the landlord or their agent is entitled to enter the property to inspect it or undertake repairs/maintenance
• When the rent is reviewed/reviewable
• Who is responsible for non-structural repairs or re-decoration
• Whether the tenant can re-decorate or make any alterations to the property
• Who is responsible for maintaining any garden
• Whether the property is let in a furnished or un-furnished condition
• Whether the tenant is entitled to have pets
• A clause restricting use to that of a residential dwelling and forbidding anti-social behaviour
• Who is responsible for insuring the property

Standard tenancy agreements can be purchased freely by landlords.  Our experience is that simple agreements provide a good level of basic cover, but often leave out major issues that are important to the landlord.  Generally, the shorter the agreement is the more obligations there are on the landlord and the less there are on the tenant.

Before the tenant moves in you should make sure the utilities are transferred into the tenants name.  fail to do so and you may receive a nasty shock some months down the line.

We strongly recommend that an inventory of condition and contents should be attached to any tenancy agreement.  We also recommend that you take photos and/or a video of the property before renting it out so that the condition can properly be represented if the matter has to go to Court.

It is important that both sides comply with the tenancy agreement.  In our experience there can be minor issues which are insignificant over time.  However, as soon as the tenant starts damaging the property or not paying rent we strongly recommend you start preparing to recover possession of the property.

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.