- 11th February 2013
- Posted by: Seatons Solicitors
- Category: Articles, Landlords, Tenants
Any individual looking to rent a house will need to familiarize themselves with tenancy agreements and the rights provided by such an agreement. A tenancy agreement is a contract between you and your landlord. This contract may be either written or oral. For legal purposes, it is important that you insist on having a written tenancy agreement.
As mentioned earlier, the tenancy agreement gives each of the individuals making the agreement certain rights. For instance, the tenant has the right to occupy the accommodation provided. The landlord, on the other hand, has a right to receive rent payments for letting the accommodation. As with any agreement, the tenancy agreement must comply with the law. Such an agreement can give you and your landlord more than your statutory rights but not less. If there are terms within the agreement that do give less than your statutory rights, these terms cannot be enforced by law.
Tenancy agreements are made up of express terms and implied terms. Express terms are those that are included in the tenancy agreement while implied terms are rights provided by the law. Express terms include the date when the tenancy began, the name of your landlord as well as your name and the let property’s address, the tenancy duration as well as the amount of rent agreed upon.
Some of the common implied terms are include your right to live peacefully in the accommodation provided, the landlord’s responsibility to cater for gas, water, and general sanitation for the accommodation provided. The implied rights will generally vary according to the type of tenancy as well as the actual location of your place of residence.
With tenancy agreements, there are certain documents that you must receive from your landlord. For instance, by law, you are entitled to receive a rent book if you have a weekly tenancy. Moreover, individuals who do not know the names of their landlord will need to make a written request for such information which the landlord has a legal responsibility to respond to.
Amendments to the tenancy agreement can only be made if both the tenant and the landlord agree. Such changes need to be in writing. Ending a tenancy agreement will depend on the type of tenancy you have.