### A Comprehensive Guide for Landlords Renting Under Tenancy Agreements
#### **Residential Tenancy Agreement**
A **residential tenancy agreement** is a legal document between a landlord and tenant that outlines the terms and conditions of the rental arrangement. It allows the tenant to reside in the property, provided they pay rent and adhere to the agreed-upon rules.
#### **Relevant Provisions of Law**
1. **Protected (Rent Act) Tenancy** – For tenancies created before 15 January 1989.
2. **Assured Tenancy** – Introduced by the Housing Act of 1988.
3. **Assured Shorthold Tenancy (AST)** – Introduced in 1988 and amended by the Housing Act of 1996.
4. **Common Law Tenancy** – Applies when the landlord lives in the same building as the tenant.
#### **Types of Residential Tenancy Agreements**
**Assured Shorthold Tenancy (AST)**
This is the most common type of tenancy agreement for renting private residential properties. Most rental agreements starting after 28 February 1997 are likely ASTs. You are likely to have an AST if the following apply:
– The rented property is private.
– The tenancy started on or after 15 January 1989.
– The property is your primary residence.
– The landlord does not live in the property.
All new tenancies are automatically considered ASTs unless otherwise stated.
**Assured Tenancy**
This type of tenancy is typically used by housing associations or housing trusts. It offers tenants more security, allowing them to stay in the property as long as they comply with the agreement. The landlord must provide the court with a valid reason for wanting possession, according to the legal grounds outlined in the legislation.
**Regulated or “Protected” Tenancy**
If the tenancy started before 15 January 1989, a regulated tenancy might be in place. This offers tenants the highest protection from eviction and rent increases.
A tenant may have a regulated tenancy if:
– They moved in before 15 January 1989.
– They live in a different building from their landlord.
– No additional services like cleaning are provided.
#### **Key Elements of Tenancy Agreements**
Each tenancy type sets out the **rights and responsibilities** of both the landlord and the tenant. These agreements help ensure both parties are aware of their statutory rights. A well-drafted tenancy agreement should include the following:
– **Parties involved**: Includes the landlord, tenant, and any guarantor.
– **Property address**: The location of the property or room being rented.
– **Tenancy start and end dates**.
– **Landlord’s and letting agent’s contact details**.
– **Rent amount** and the due date.
– **Payment method**.
– **Additional charges**, if any.
– **Deposit details**: What it covers and the amount.
– **Notice periods**: For ending the tenancy early, whether by the landlord or tenant.
– **Responsibility for repairs**: Who handles minor repairs.
– **Subletting**: Whether it’s allowed.
– **Lodgers**: If tenants can have additional occupants.
– **Transfer of tenancy**: Whether the tenancy can be passed on to someone else.
– **Property rules**: Pets, smoking policies, etc.
#### **Amending a Tenancy Agreement**
A tenancy agreement can be altered as long as both parties agree and the changes do not conflict with the law. Once approved by both the landlord and the tenant, the agreement becomes a legally binding document.
By ensuring that all relevant aspects are covered in the tenancy agreement, both landlords and tenants can protect their interests and avoid potential disputes.