What exactly is a Tenancy Agreement?
A Tenancy Agreement is a concise and legally binding contract between a landlord and a tenant for a furnished or unfurnished apartment, flat, or house.
Can landlords add any terms they want to a contract?
No. The Consumer Contracts Regulations of 1999 apply to all rented tenancies and contain rules about Unfair Terms. If any standard clause in the agreement is deemed unfair, it is not legally enforceable. This does not apply to clauses that have been individually negotiated between the landlord and tenant. Common examples of unfair terms include penalty charges, unclear clauses, or the landlord excluding responsibility for loss or damage to personal property.
What is covered in a Tenancy Agreement?
A comprehensive Tenancy Agreement typically covers: Details of the Landlord, Tenant, and any Agent; Details of the Property and specific Room (if applicable); the Term (duration) of the tenancy; the agreed Rent amount and mode of payment; the Deposit amount; and an Inventory of contents and their condition.
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What if I don't need all the terms in the contract?
If you don’t require a specific part of the contract, you can strike through that line or section. For clarity and legal validity, both parties (landlord and tenant) should then sign or initial next to the change.
Who is eligible for an Assured Shorthold Tenancy (AST)?
Not all tenancies are eligible. The Housing Act excludes several categories, including: lettings to companies; lettings with very low, zero, or high rent (over £25,000 per year); holiday lets; tenancies with a resident landlord (who lives in the same property); agricultural tenancies; and tenancies that began before 15 January 1989. If your tenancy is not excluded, it must also meet three other requirements: the tenant must be an individual, they must have separate accommodation, and it must be their principal home.
What is Stamp Duty and does it apply?
While stamp duty can apply to leases, it is not a compulsory requirement for short-term residential leases. However, having a stamped letting agreement ensures it can be readily accepted as a valid document in court. Many landlords only stamp agreements if they anticipate needing to produce them in court for possession proceedings. Documents can be stamped late at the Stamp Office, usually for a small penalty fee.