Tenancy
What they contain
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Although the minimum requirement for a tenancy agreement is information regarding the
duration of the term, the amount and frequency of rent payments, most agreements will
contain significantly more information that this. Although not all agreements do not cover
exactly the same areas in the same format, many of them share the following areas of detail:
There is usually a statement that the agreement is an assured shorthold tenancy for residential
dwelling.
This gives some details about the intended usage of the agreement - the type of property, the
parliamentary act that covers the tenancy agreement and the maximum duration of the
tenancy that the property can be used for.
Setting out the basics of the agreement, this section identifies the major parts and parties of
the agreement: Landlord, Tenant, Property, Contents, Term (start date and end date), Rent,
Due date, and Deposit.
Most tenancy agreements tend to be for one year, though many of them have a six monthly
review period that gives you a window of a month to give your notice and move out. Click here
if you want to find out what happens if you want to leave early. During the period of
agreement, your landlord cannot increase the rent.
The conditions of use set out some basic rules about how the tenants are to treat the property,
such as:
Not using it as a business premises.
Not using it for illegal activities.
Using the property in a tenant like manner (i.e. treating it like a home and not like a
dustbin).
A set of clauses designed to protect the landlord in case you cause untold damage to the
property.
The situation regarding the living of pets in the property whatever that may be. This
section may also cover things like antisocial behaviour, noise, etc.
Some agreements will specify who is responsible for insuring the building (usually the landlord)
and the contents (usually the tenants or both the landlord and the tenants) of the property. Not
all agreements will have this section.
This section forms the bulk of the agreement:
Your responsibility for damage, repairs etc.
Bills - definition of any (if there are any) utility services are included in the rent.
Security requirements - clauses regarding leaving the property unattended, replacing
broken windows, doors and locks etc.
The condition of the property - keeping it in good state of hygiene and appearance;
maintaining the garden; paying for, repairing or replacing anything that breaks; cleaning
at the end of the tenancy; maintenance of walls, drains and gutters etc.
Contents - your agreement to leave the contents as they are when you start the
tenancy.
Your conduct whilst living in the property - causing a nuisance; abiding by the conditions
of use.
Demands regarding the usage and maintenance of things like portable heaters,
ventilation, smoke detectors.
What happens if you breach the agreement.
Your period of notice.
Your right to quiet enjoyment of the property. This means that the landlord cannot
trouble you without good reason.
The fact that you understand that you are legal accepting the responsibilities set out in
the agreement, such as payment of rent, bills etc
It will normally be the landlord's responsibility to ensure that they have settled any outstanding
bills that are attached to the property in advance of you moving in. You should discuss this with
them to avoid any confusion.
The agreement will also normally describe:
The landlord's right of entrance to the property for the purposes of inspection and the
notice that he must give, as well as his or her right of entrance to show round
prospective tenants.
In many rented properties, the landlord is responsible for payment of water rates. If this
is the case, it will be set out in the agreement.
The landlord's rights in terms of collecting any rent arrears.
Repair obligations that are accepted by the landlord.
How and when the landlord will return your rent to you at the end of the tenancy.
A large proportion of tenancies are renewed at the end of the initial fixed period. The right for a
tenant to renew the agreement can be agreed at the start of a tenancy by the way of one or
more "options". This will allow the tenant the option for a further term by giving, by giving due
notice prior to the end of the current term. A rent increase may be attached to the renewal of
the tenancy, usually in line with inflation.
As you might expect, this defines things the 'The Property', 'The Landlord', 'The Tenant' and so
on.
This is where a legally binding statement reflects the fact that everyone who signs the
agreement has read it, understands it and agrees to abide by it.
If you ever need to present your tenancy agreement in court as a legal document, then you
need to get it stamped. This is something that most people don't bother with, but you should if
you want to be fully compliant with the law.
Tenancy agreements must be stamped within 30 days of the date the agreement becomes
effective. If this is not done both the landlord and the tenant will be liable to pay a penalty as
well as the stamp duty. The landlord pays stamp duty on the counterpart agreement. This is
always £5.
The amount of stamp duty payable by the tenant depends on the terms of the tenancy
agreement. There is a fixed duty of £5 to the tenant on a furnished letting of a property that is
let for less than one year. If the tenancy is one year or over, the amount of duty payable by the
tenant is 1% of the annual rent and the premium and is rounded up to the next £5. All
unfurnished tenancies a attract stamp duty of 1% of the annual rent for the tenant and is
rounded up to the next £5. For tenancies of 7 to 35 years the stamp duty is at 2%.
There may well be an addendum or attachment to the agreements if you are using a
guarantor.
Make sure you get a copy of the agreement to keep.
Many agreements are vague on what is reasonable wear and tear. It is not unreasonable
for you to ask the landlord to clarify in writing what is meant by reasonable.
If you are concerned about any of the clauses in your tenancy agreement, question your
landlord. If that fails to illuminate you, contact your local citizens advice bureau. Failing that, let
us know and we'll see if we can tell you what it means.
Don't feel that the content of the agreement is set in stone. Many things in life are negotiable
and a fair proportion of landlords will be willing to work with you to make sure that the
agreement suits both parties.
Example agreement
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This example of a tenancy agreement is really here so that you can familiarise yourself with
what the document may look like. If you are a landlord, you would be advised not to copy and
and paste this into a Word document, printi it out and use it, as you would normally need to
insert clauses that are specific to your property and have it checked by a solicitor. However, you
are quite welcome to do this if you wish.
ASSURED SHORTHOLD
TENANCY
AGREEMENT
For letting a residential dwellinghouse
1. This Tenancy Agreement is for letting furnished or unfurnished residential accommodation
on an assured shorthold tenancy within the provisions of the Housing Act 1986 as amended by
part III of the Housing Act 1996. As such, this is a legal document and should not be used
without adequate knowledge of the law of landlord and tenant.
2. This agreement may be used for residential tenancies of three years or less. Agreements for
tenancies of a longer duration should be drawn up by deed.
3. A Notice of assured shorthold tenancy need no longer be served on the Tenant for new
tenancies created on or after February 28, 1997.
Note for Tenants
1. This tenancy agreement is a legal and binding contract and the Tenant is responsible for
payment of the rent for the agreed term. The agreement may not be terminated early unless
the agreement contains a break clause, or written permission is obtained from the landlord.
2. If you are unsure of your obligations under this agreement, then you are advised to take
independent legal advice before signing.
THIS AGREEMENT is made on the date specified below BETWEEN the Landlord and Tenant. It is
intended that the tenancy created by this Agreement is and shall be an assured shorthold
tenancy within the meaning of the Housing Act 1988 as amended by the Housing Act 1996.
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Date ____________________________
Landlord(s) ____________________________
____________________________
____________________________
____________________________
____________________________
Landlord's
____________________________
agent
Note: Any notice under Landlord and Tenant Act 1987 s48 can be
served on the landlord at the above address.
Tenant(s) ____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
The dwellinghouse known as
Property
____________________________
The fixtures and fittings at the Property,
together with any furniture, carpets, curtains
Contents
and other effects listed in the Inventory
(where applicable)
Term For the term of
____________________________
Commencing on
____________________________
£____________________________ per calendar
Rent
month of the term
(IN WORDS)
in advance be equal monthly payments on the
Payment
_____day of every month
First payment to be made on _____ of
_____________
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1. The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the
Term at the rent payable as above.
2. The Tenant pays the Deposit as security for their performance of the Tenant's obligations and
to pay an compensate the Landlord for any breach of those obligations. It is agreed that this
sum shall not be transferable by the Tenant in any way, and at any time against the payment of
the Rent and that no interest shall be payable on this Deposit. The balance of the Deposit is to
be paid to the Tenant only after vacation of the Property, such amount to be assessed at the
outgoing check upon termination of the Agreement.
3. The Tenant agrees with the Landlord:
(3.1) To pay the Rent on the days and in the manner specified to the Landlord.
(3.2) To pay promptly to the authorities to whom they are due, council tax and outgoings
(including water and sewerage charges, gas, electric, light and telephone (if any) relating to the
Property), including any which are imposed after the date of this Agreement (even if of a novel
nature) and to pay the total cost of any reconnection fee relating to the supply of water, gas,
electricity and telephone if the same is disconnected.
(3.3) Not to damage or injure the Property and Contents or make any alteration or addition to
it. Any redecoration is to be made only with the prior written consent of the Landlord or his
Agent.
(3.4) Not to leave the Property vacant for more than 30 consecutive days and to properly
secure all locks and bolts to the doors, windows and other openings when leaving the Property
unattended.
(3.5) To keep the interior of the Property and Contents in good clean condition and complete
repair (damage by accidental fire and reasonable wear and tear excepted) and to keep the
Property at all times well and sufficiently aired and warmed during the tenancy.
(3.6) To immediately pay the Landlord or his Agent the value of replacement of any furniture
or effects lost or damaged or destroyed or at the option of the Landlord, replace immediately
any furniture or effects lost, damaged or destroyed, and not to remove or permit to be
removed any furniture or effects from the Property.
(3.7) To arrange for the Property to be professionally cleaned on the termination on the
Tenancy. To pay for any cleaning services that may be requires to reinstate the Property to the
same order that it was provided at the commencement of the tenancy including the washing
and ironing or cleaning of all linen, carpets and curtains which shall have been soiled during the
tenancy.
(3.8) To leave the Contents at the end of the tenancy in the same places in which they were
positioned at the commencement of the tenancy.
(3.9) That the Landlord or any person authorised by the Landlord or his Agent may at
reasonable times on giving 24 hours' notice (unless in the case of an emergency) enter the
property for the purpose of viewing, inspecting its condition and state of repair or for the
purpose of repair, maintenance or repainting.
(3.10) Not to assign, or sublet, part with possession of the Property, or to let any other person
live at the Property.
(3.11) To use the Property as a single private dwelling and not to use it or any part of it for any
other purpose nor to allow anyone else to do so.
(3.12) Not to receive paying guests or carry on or permit to be carried on any business, trade
or possession on or from the Property.
(3.13) Not to do or permit or suffer to be done in or on the property any act or thing which
may be a nuisance damage or annoyance to the Landlord or to the occupiers of the
neighbouring premises, or which may void any insurance of the Property or cause the
premiums to increase.
(3.14) Not to keep any animals or birds or other living creature on the Property without the
Landlord's written consent such consent if granted to be revocable at will by the Landlord.
(3.15) To keep the gardens (if any) including all driveways, pathways, lawns, hedges and
rockeries, neat tidy and properly tended at all times and not remove any trees or plants and to
keep any garage in good order.
(3.16) To replace all broken glass in doors and windows damaged during the tenancy.
(3.17) Not to alter or change or install any locks on any doors or windows in or about the
Property or have any additional keys made for any locks without the prior written consent of
the Landlord.
(3.18) Not to use the Property for any illegal or immoral purpose.
(3.19) To pay and compensate the Landlord fully for any costs expense loss or damage
incurred or suffered by he Landlord as a consequence of any breach of the agreement on the
part of the Tenant in this Agreement and to indemnify the Landlord from, and against, all
actions claims and liabilities in that respect.
(3.20) To notify the Landlord, or the Landlord's Agent, promptly in writing of any disrepair,
damage or defect in the Property or of any event which causes damage to the Property or
which may give rise to a claim under the insurance of the Property.
(3.21) Not to glue stick or otherwise fix anything whatsoever to the exterior or interior of the
Property without the Landlord's written consent.
(3.22) To take all reasonable precautions to prevent damage by frost.
(3.23) Where the Landlord's interest is derived from another lease ("the Headlease") then it is
agreed that the Tenant will observe the restrictions in the Headlease applicable to the Property.
A copy of the Headlease, if applicable, is attached
(3.24) In order to comply with the Gas and Safety Regulations, it is necessary
a) that the ventilation provided for this purpose in the Property should not be blocked
b) that brown or sooty build up on any gas appliance should be reported immediately to
the Landlord or the Landlord's agent
(3.25) To keep the drains free from obstruction and to keep the chimney swept as often as
necessary.
(3.26) Not to introduce into the Property any portable heaters fired by liquid or bottled gas
fuels without the Landlord's prior written consent.
(3.27) That the Tenant shall be responsible for testing all smoke detectors (if any) fitted in the
Property on a regular basis and replace the batteries as necessary.
(3.28) Within the last two months of the tenancy to permit the Landlord or any person
authorised by the Landlord or the Landlord's agent at reasonable hours in daytime to enter and
view the Property with prospective tenants or purchasers.
(4) The Landlord agrees with the Tenant that
(4.1) provided the Tenant shall pay the Rent and perform the agreements on his part already
referred to, the Landlord shall permit the Tenant to have quiet enjoyment of the Property
without interruption by the Landlord or his Agent.
(4.2) the Landlord will return to the Tenant any rent payable for any period during which the
Property may have been rendered uninhabitable by fire or any other risk which the Landlord
has insured.
(4.3) all necessary consents have been obtained to let the Property.
(4.4) he will pay for all Water rates, including sewerage rates, assessments and outgoings in
respect of the Property (except for council tax and charges for the supply of gas or electricity,
light and power or the use of any telephone).
(5) The Landlord may re-enter the Property and immediately thereupon the tenancy shall
absolutely determine without prejudice to the other rights and remedies of the Landlord if the
Tenant has not complied with any obligation in this Agreement or should the Rent be in arrears
by more than fourteen days whether formally demanded or not.
(6) The Landlord agrees to carry out any repairing obligations as required by section 11 of
the Landlord and Tenant Act 1985.
(7) In this Agreement unless the context otherwise requires the following expressions shall
have the following meanings:
"The Landlord" includes the persons for the time being entitled to the reversion
expectant on determination of the tenancy
"The Tenant" includes the successors in title. Whenever there is more than one Tenant
all covenants and obligations can be enforced against all of the Tenants and against each
individually.
(8) The parties agree:
(8.1) Notice is hereby given that possession might be recovered under Ground 1, Schedule 2
of the Housing Act 1988 if applicable. That is, that the Landlord used to live in the Property as
his or her main home, or intends to occupy the Property as his or her only or main home.
(8.2) The tenancy may be brought to an end if the mortgagee requires possession on default
of the borrower under Ground 2, Schedule 2 of the Housing Act 1988.
(8.3) Any notice served by the Landlord on the Tenant shall be sufficiently served if sent by
registered or recorded delivery post to the Tenant at the Property or the last known address of
the Tenant or left addressed to the Tenant at the Property.
(9) This agreement may be terminated by either the Landlord or the Tenant upon serving
two months notice in writing not to be served before _____ of _____________
(10) The Property is let together with the special conditions (if any) listed on the First
Schedule attached hereto
THE FIRST SCHEDULE (attach a separate sheet if necessary)
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In the presence of: -
SIGNED BY THE
LANDLORD(S) Name
__________________________
(or the Landlord's Agent)
Address _____________________
______________________ _____
____
____________________
______________________ ______
____
Occupation
__________________________
Witness
signature_______________________
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In the presence of: -
SIGNED BY THE Name
TENANT(S) __________________________
______________________ Address _____________________
____
______________________
____ _____
______________________ ____________________
____ ______
______________________ Occupation
____ __________________________
______________________ Witness
____ signature_______________________
______________________
____
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FIRST SCHEDULE
This Schedule will not be included as part of the Tenancy Agreement unless signed by both the
Tenant(s) and the Landlord (or Agent acting on the Landlord's behalf)
The Landlord has authorised the items listed below to be included in the property as part of the
furnishings. They will be provided to the property as soon as they can reasonably be procured:
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______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
______________________ ______________________
_________ _________
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The Landlord has authorised that the following works or repairs to the property will be carried
out as soon s is reasonably practicable:
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_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
_______________________________________________
_______________
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Signature of Tenant(s) __________________________
__________________________
__________________________
__________________________
__________________________
__________________________
Date __________________________
Signature of Landlord __________________________
(or Landlord's Agent) __________________________
Date __________________________
Tenancy agreement
Before a tenant moves in, the landlord and tenant need to complete a tenancy
agreement, which sets out the key things the landlord and tenant agree to do.
Under the Residential Tenancies Act, all tenancies entered into after 1
December 1996 must have a written tenancy agreement, which must include
the following.
The names and contact addresses of the landlord and tenant.
The address of the property.
The date the tenancy agreement is signed.
The date the tenancy is to begin.
Addresses for service for both the landlord and the tenant.
Whether the tenant is under the age of 18.
The rent amount and frequency of payments.
The amount of any bond.
The place or bank account number where the rent is to be paid.
Any fees (letting agent or solicitor’s) to be paid (if applicable).
A list of any chattels (like furniture, curtains and other fittings)
provided by the landlord.
The type of tenancy and the date the tenancy will end if it is a fixed-
term tenancy.
Both the landlord and tenant must sign the agreement, and the landlord must
give the tenant a copy before the tenancy begins.
The Residential Tenancies Amendment Act 2010 extended the Act’s coverage
to include boarding house tenancies.
