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Creating a Tenancy Ageement in the UK - things to ponder

By Brad Askew on 08/12/2022 with comments

Everything You Need to Know

It’s no secret that renting a property in the UK can be a confusing and daunting process. Before you sign any agreement, you need to make sure you know your rights and understand the terms and conditions of both the landlord and the tenant. That’s why having the right tenancy agreement is so important.

In this blog, we’ll explain some of the things you need to know about tenancy agreements in the UK, from what they are to how to buy one online and what legislation applies.

Understanding Tenancy Agreement in the UK

A tenancy agreement is a legally binding document that sets out the terms and conditions of a rental agreement, including the length of the tenancy, the rent amount, the rights and responsibilities of both the landlord and tenant, and who is responsible for utilities and repairs.

There are a few different types of tenancy agreements, but the most common in the UK is an Assured Shorthold Tenancy Agreement (AST). This type of agreement is the most popular because it offers both the tenant and the landlord protection under the law. It also allows the landlord to reclaim their property by providing two months’ notice, as outlined in section 21 of the Housing Act 1988.

Another type of agreement is the periodic tenancy agreement.

This agreement is for tenants who are renting on a month-to-month basis and does not have a set end date. It works like an AST, but the landlord cannot evict the tenant unless they give them two months’ notice, as outlined in section 5 of the Protection from Eviction Act 1977.

Finally, there’s the fixed-term tenancy agreement.

This agreement is for tenants who have agreed to rent a property for a specific period of time, usually 6 or 12 months. This type of agreement offers the tenant more security, as they cannot be evicted unless they break the terms of the agreement. This is in accordance with section 8 of the Protection from Eviction Act 1977.

How to Buy a Tenancy Agreement Online in the UK

If you’re looking to buy a tenancy agreement online, there are a few options available to you. You can either purchase a template to fill in with your own details or you can purchase a professionally drafted agreement.

The advantage of using a template is that it’s usually cheaper and faster, and you can customise the agreement to suit your needs. However, the downside is that you’ll need to make sure that all the legal requirements are met, as the template won’t be tailored to your specific circumstances.

If you’d prefer to have a professionally drafted agreement, there are a number of websites that offer this service. The advantage of this option is that the agreement will be tailored to suit your needs and you’ll get the peace of mind that it meets all legal requirements. However, it will be more expensive and take longer to get the agreement.

Crafting your Rental Agreement

When it comes to crafting a rental agreement in the UK, there are a few important things to consider. Firstly, you’ll need to include the names of all parties involved in the agreement, including the landlord, the tenant(s) and any guarantor. You’ll also need to include details of the property, such as the address and the amount of rent payable. It’s also important to include the length of the agreement, the notice period required to end the agreement and any rules or regulations governing the tenancy. This should include clauses outlining the responsibilities of both the tenant and the landlord, such as who is responsible for repairs and maintenance, who pays for utilities, and who is responsible for cleaning.

These rights and responsibilities should be in accordance with the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.

Finally, you’ll need to make sure that the agreement is legally binding and meets all the necessary requirements. You should have it checked by a qualified legal professional to ensure that it’s legally sound.