Tenancy Agreement Template

As a landlord prepares to rent their property out to a tenant, it's thoroughly advised that an agreement be in place between the two parties outlining the
rules and regulations of the occupant's stay.

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The rules listed in agreements usually follow across the same lines. For example, during their stay the tenant has the right to live peacefully in a well-maintained house, while the landlord has the right to receive their monthly installment of rent. The agreement will also include the property's full address, the date the tenancy began, its duration, two sets of personal details from the landlord and tenant, along with the respective amounts for the deposit and rent.

An agreement can be drawn up and delivered in a written or verbal form, but should a tenant breach certain terms of their contract, the property owner will be required to provide evidence of the regulation being initially put in place to retain possession of their asset. Unless the conversation was been recorded, being able to back-up a claim could prove problematic. This is why using a tenancy agreement template, provided by a letting agent, is the preferred method amongst many.

Importance

Having an agreement in place primarily protects the asset in question should any disagreement go to court, but outlining a set of rules also ensures that the relationship between both parties runs smoothly throughout; the landlord is fully aware of their part of the deal, likewise the occupant. Then, should anything go wrong after the agreement has been struck, there can be no argument as to where the fault lies.

It isn't compulsory for a written or verbal agreement to be put in place however, as even without a full set of regulations being clarified, both parties are protected by a list of terms under the Housing Act of 1988.

Landlords' rights

Along with any specific conditions listed and agreed, landlords have their own set of implied terms which they call on in certain situations. They include the right to:

  • Regain control of a property once the tenancy has expired
  • Regain control of a property that has been damaged
  • Be granted access to their property after giving 24 hours' notice
  • Repossess a property by evicting the tenant, should they fall foul of any agreed terms and regulations

Having these rights in place means the landlord always has the final say when any agreement terms are breached. Without their rights, venturing into the buy-to-let market would be viewed as a risky move for investors.

Tenants' rights

The same applies to tenants. Along with being granted a space to live in, the landlord must also provide for them in other areas. Tenants have the right to:

  • Live in a peaceful environment without being disturbed
  • Live in a property that has been well-maintained by the landlord
  • Gain access to any information about the property
  • Be protected from an unlawful eviction

The last right is lot more complex than the others, as each case that goes court will be different in some way. Should this occur, the landlord must able to present clear evidence of the tenant's wrongdoing.

Meanwhile, the right to live in a well looked after property means that the landlord must carry out any necessary repairs as well as providing a safe supply of electricity, a fixed bath or shower, water and a drainage system. The building itself has to be structurally stable and well-prepared in case of fire, while thermal insulation must also be regularly checked and deemed satisfactory.

Extras

Added to the contract are details relating to the payment of rent. The amount of rent will be coupled by the date in each month when it will be sent across, along with the method of payment.

As aforementioned, the details of the deposit will also be included. At the end of the agreement, this entire sum can be redeemed by the tenant providing no sufficient damage has been inflicted on the property and no installments of rent have been defaulted.

Any extra noted points or regulations can then be decided. These will usually be specific to the property so, for example, not playing music past a certain hour given the close proximity of other houses in the neighbourhood or not smoking in the house. Some landlords also oppose to any pets being brought into the house and will enclose this in their terms.

The tenant will always have to agree to everything stated though, so this doesn't provide the landlord with an opportunity to get any kind of upper hand; the agreement is in place to protect each party equally.