Tenancy Agreements: Protecting Tenants and Landlords

Navigation: Main page

 Print this page Submit articleComment article

Author: James Walsh

Article source: http://www.articlealley.com/. Used with author's permission.

A tenancy agreement has to be written within the vestiges of the Compact law agreement of 2004. However, it ought to be noted that tenancy agreements are standard. The agreements lie only with the civic local housing authorities. In short, no landlord can frame his/ her own tenancy agreement.

Importance

The importance and power of landlords have visibly grown with the vertical demand of housing since 2004. Landlords have grown in stature. They now have the capacity to frame and engage in fraudulent tenancy activities benefiting them. A prime example has been the case of sham agreements in England in 2005. These agreements duly signed by the tenant and landlord are unlawful as they do not comply with the UK housing laws. Hence, tenancy agreements and a common knowledge of their terms have become important. Tenants need to protect themselves from any unlawful agreements e.g., agreeing to pay a higher rate of deposit than is legally qualified. On the other hand, even landlords need to arm themselves with proper tenancy knowledge. They have to safeguard their property and, not be taken for a ride e.g., in many cases, student tenants refuse to vacate the accommodation even after the expiry of tenancy. Thus, repossession claims by landlord have to be made clear in the agreement.

In 2005, the UK Registry of Landlords stated that no tenancy agreement should be signed for more than a period of 12 months. Further, the association also made it clear that tenants were responsible for minor damages and repairs which happened to occur within the property after the agreement was duly signed and the tenants had taken possession. But, if the property did show any signs of damage during the tenancy negotiations, it was the duty of the landlord to do the repair work. The Landlords Association also concluded that all tenancy agreements were liable to be periodically reviewed by the local housing authority.

The Terms of the Tenancy Agreement

Every tenancy agreement has to contain Express and Implied tenancy clauses. Express tenancy terms involve those unique terms and conditions of tenancy which are peculiar to that accommodation and contract e.g., the duration of tenancy and the notice period to be given before vacating the property. On the other hand, implied terms refer to unstated legal clauses of UK Housing Act. They are not mentioned specifically in the agreement, but are assumed to have been understood and agreed upon.

• The names of the tenant/ tenants and the landlord


• The tenancy duration i.e., the period for which the accommodation is being let


• The date on which the tenancy agreement was entered into by both parties


• The signatures of both parties and witnesses


• The terms of rental deposit - how much deposit should be paid by the tenant for the property before moving in? The deposit is retained by the landlord and for purposes of clarity; the deposit amount is expressed in words and figures


• The rate of rent - how much and when is the rent going to be paid. Is it going to be weekly payment or monthly payment?


• The methods of payment - how is the tenant going to pay the rent to the landlord? Is it going to be in cash or cheque format? Is the tenant going to make the payment directly to the landlord or will the payment be made through an agent?


• What services and assistance will be provided by the landlord to the tenant? Will these services such as laundry and maintenance be free and included in the rent or, will there be a separate charge for the services??


• How many rooms of the property are being leased to the tenant/ tenants?


• Repair work and Hygiene to be maintained by tenant - This includes any minor damage incurred by the property through the tenant e.g., the lavatories, the garden and the windows. The damage has to be fixed by the tenant.


• The tenant should not create any nuisance or trouble for the landlord. According to the agreement, if the landlord finds that the tenant is engaging in fraudulent acts, the landlord can seek official help and ask the tenant to vacate immediately. Further, the landlord is not obligated to return the deposit money.


• The tenant should not make any major improvements or alterations to the property without formal written permission of landlord. Doing so will result in a breach of tenancy contract. Further, the tenant should not knowingly cause damage to the property by keeping flammable liquids on the property.


• The agreement states that in case of property damage due to natural disasters, it falls on the landlord to undertake repair work.


• The tenant cannot change the locks or security system of the property without landlord's written consent. In addition, landlords have to respect the privacy of tenants and give them ample notice before coming to visit. House visits for inspection can be conducted after six months by landlords.