About Tenancy Agreements | What is a Tenancy Agreement?

A tenancy agreement, or sometimes referred to as a rental agreement is a contract between the landlord and the tenant specifying the terms of the rental agreement. Tenancy agreements are usually put in place before letting out property.

There are three types of tenancy agreement used by landlords and tenants:

Assured Shorthold Tenancy (AST)

This is the most common type of tenancy agreement used when renting private residential properties. Most lettings which began after 28 February 1997 are likely to have an AST in place. More information can be found on the page Introduction to Assured Shorthold Tenancies

Assured Tenancy

This type of tenancy agreement is used for properties let by a housing association or by a housing trust. The tenant has a higher level of security with this form of tenancy, as providing they comply with the terms of the agreement they can remain in the property.

Regulated or ‘Protected’ Tenancy

If a property letting began before15 January 1989 this type of tenancy agreement may be in place. This form of tenancy provides the tenant with the most protection against eviction and increased rent.

All three types of tenancy agreement set out the rights and responsibilities both the landlord and the tenant have to each other and the property. Tenancy agreements ensure landlords and tenants are entitled to their statutory rights.

Tenancy agreements can be either written or oral; however there are certain pitfalls to be aware of when using an oral tenancy agreement. If an oral tenancy agreement is used, if there are any disputes, there is no proof of what was decided at the start of the tenancy, and so this can lead to problems.

All tenancy agreements should state the parties involved, the rental price, any deposit retained by the landlord, the property address, the start and end date of the tenancy, along with the obligations of both the tenant and the landlord.

It is important that both parties are fully aware of what is included in the agreement. Standard information that should be in all residential tenancy agreements includes:

All parties involved (this includes the guarantor if there is one).
The address of the property (or room) being rented
The start and end date of the tenancy.
Name and address of the landlord.
Name and address of any letting agent.
The amount of rent to be paid and the date it should be paid.
Method of payment.
Any additional charges.
Whether a deposit needs to be paid, what it covers and the amount paid.
Whether the tenancy can be ended early by the landlord or tenant and if so how much notice must be given.
Who is responsible for minor repairs.
Whether a tenant is allowed to sublet.
If a tenant can have lodgers.
Whether you can pass the tenancy on to anyone else.
The rules regarding pets, smoking etc.

A tenancy agreement is read and signed by both the landlord and tenant, and the tenant is entitled to receive a copy of the agreement. Landlords should provide the tenant with sufficient time to read the agreement and raise any questions they have before signing and agreeing to the terms. The landlord is also required to provide the tenant with details of their full name and address.

All tenancy agreements must comply with statutory law. This is law that has been passed in parliament and is therefore legally binding and enforceable regardless of what is stated in the tenancy agreement. With all tenancy agreements there are rights by law for both landlord and tenant, even though these may not have been discussed between both parties, they imply to all tenancy agreements.

The following are the basic rights that a tenant will have in any Assured Shorthold Tenancy:

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