Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Understanding Tenancy Agreements (UK)

9 Jun 2023
28 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Tenancy agreements are a critical legal document for landlords and tenants across the UK. They provide the framework that dictates how each person’s rights and responsibilities are observed throughout the tenancy. In order to ensure these agreements are properly executed, it is essential that both parties understand what they mean and what they include.

At Genie AI, we believe it is important to have an understanding of tenancy agreements in order to protect both parties’ rights fully. These documents outline key information such as rental amount, length of tenancy, security deposit, rights and responsibilities of both parties, amongst other details. Agreements cannot be used to override the law however; any disputes should be resolved fairly in accordance with existing legislation.

The agreement also serves as a form of protection for landlords from potential conflicts with tenants throughout the duration of the contract. If such issues arise then the terms agreed on in advance will dictate how they should be dealt with - often this involves mediation or arbitration in order to reach a mutually beneficial resolution without resorting to court proceedings. Tenants are also provided some level of protection through tenancy agreements - this includes the right to privacy and quiet enjoyment of their rented property among other things outlined in the agreement.

It is therefore essential that all tenants read through any agreement before signing, understanding every point set out within it thoroughly so nothing can be misconstrued or misinterpreted down the line leading potentially costly consequences for one or both parties involved; any questions or concerns should also be discussed prior to signing off on anything.

At Genie AI we provide free templates which millions of data points have been used by our team to teach our AI what a market-standard tenancy agreement looks like – allowing anyone to draft and customize high quality legal documents without having to pay for expensive lawyer fees – all helping further educate those interested about their obligations when considering renting out property… Our step-by-step guidance provides more information on how exactly you can access our template library today – so do read on!

Definitions

Assured Shorthold Tenancies (ASTs): ASTs are the most common type of tenancy agreement in the UK, and they provide tenants with a minimum level of security. ASTs allow landlords to evict tenants after a set period of time, usually six months.
Assured Tenancies: Assured tenancies provide tenants with more security than ASTs, as they do not have a fixed term and can only be terminated if certain conditions are met.
Regulated Tenancies: Regulated tenancies offer the highest level of security as they can only be terminated in certain specific circumstances.
Licence Agreements: Licence agreements allow the tenant to occupy a property for a set period of time, usually on a short-term basis.
Protection from Eviction Act 1977: The Protection from Eviction Act 1977 provides tenants with protection from illegal eviction and sets out the procedures for legally evicting tenants.
Landlord and Tenant Act 1985: The Landlord and Tenant Act 1985 provides tenants with a range of rights, such as the right to repair, the right to renew the tenancy, and the right to compensation in some situations.
Housing Act 1988: The Housing Act 1988 sets out the rights and responsibilities of both the landlord and the tenant, as well as the procedures for evicting tenants.
Consumer Rights Act 2015: The Consumer Rights Act 2015 provides tenants with protection from unfair terms and sets out the rights of tenants regarding deposits, repairs, and other matters.

Contents

  1. What is a tenancy agreement and why is it important?
  2. What are the different types of tenancy agreements?
  3. What are the essential elements of a tenancy agreement?
  4. Start date and term
  5. Rent
  6. Security deposit
  7. Repairs and maintenance
  8. Access to the property
  9. Restrictions on use of the property
  10. What are the rights and obligations of both the tenant and the landlord?
  11. Tenant’s rights
  12. Landlord’s rights
  13. Tenant’s obligations
  14. Landlord’s obligations
  15. What are the common terms in a tenancy agreement?
  16. Pet policies
  17. Subletting
  18. Insurance
  19. Termination of agreement
  20. Assignment and succession
  21. Utilities
  22. What are the laws and regulations that apply to tenancy agreements in the UK?
  23. The Protection from Eviction Act 1977
  24. The Landlord and Tenant Act 1985
  25. The Housing Act 1988
  26. The Consumer Rights Act 2015
  27. What are the penalties for not complying with the terms of a tenancy agreement?
  28. Breach of contract
  29. Breach of statutory requirements
  30. Possession of the property
  31. What are the steps to take if there is a dispute between the tenant and landlord?
  32. Negotiate
  33. Mediation
  34. Court action
  35. What are some tips for writing a tenancy agreement?
  36. Use clear language
  37. Include all parties
  38. Check local laws
  39. Be specific
  40. Include a termination clause
  41. How to sign a tenancy agreement?
  42. Read the agreement thoroughly
  43. Make sure all parties are present
  44. Sign the agreement
  45. Get a copy of the signed agreement

Get started

What is a tenancy agreement and why is it important?

  • Understand what a tenancy agreement is and why it is important when renting a property in the UK
  • Learn the key terms and conditions that must be included in a tenancy agreement, such as the length of the agreement, the rent amount and payment schedule, and the rights and responsibilities of each party
  • Read up on the different types of tenancy agreements, such as Assured Shorthold Tenancies and Assured Tenancies
  • Familiarise yourself with the deposit protection scheme and other regulations that apply to tenancy agreements in the UK
  • Determine if you need legal advice to help you understand the terms of the tenancy agreement

You can check this off your list and move on to the next step when you feel confident that you understand what a tenancy agreement is and why it is important when renting a property in the UK.

What are the different types of tenancy agreements?

• Familiarize yourself with the different types of tenancy agreements available in the UK. The most common types of tenancy agreements are:
o Assured Shorthold Tenancy (AST)
o Excluded Tenancy or Licence
o Commonhold
o Company Let
o Regulated Tenancy
• Each type of tenancy agreement has different rules and regulations attached to them. Read through each one to understand the specifics and choose the one that best suits your needs.
• Check out the UK government’s website for more information on these tenancy agreements.
• You can check this off your list when you have read through each type of tenancy agreement and understand their differences and implications.

What are the essential elements of a tenancy agreement?

  • Start date and end date: This should include the date the tenancy starts and the date it ends.
  • Rent Amount: This should include the agreed amount of rent, when it should be paid and any restrictions on increasing the rent.
  • Tenant Responsibilities: This should specify the tenant’s responsibilities such as paying the rent, keeping the property clean, not causing a nuisance and not subletting the property.
  • Landlord Responsibilities: This should specify the landlord’s responsibilities such as providing the tenant with a safe and secure property, carrying out repairs and not entering the property without permission.
  • Deposit: This should specify what the deposit covers, how it is held and how it can be refunded.
  • End of Tenancy: This should specify what the tenant needs to do at the end of the tenancy such as cleaning the property and returning the keys.

Once you have reviewed the essential elements of a tenancy agreement, you can move on to the next step which is to review the start date and term of the tenancy.

Start date and term

  • Determine when the tenancy starts and when it ends
  • Make sure that the start date is agreed to and written into the tenancy agreement
  • Decide on the length of the tenancy, and make sure it is written into the agreement
  • It is important to note that the tenancy can be for a fixed period or for a periodic period (such as a month-to-month basis)
  • Make sure that the agreement states how much notice is needed to terminate the tenancy
  • When the tenancy ends, it is important to make sure that both parties are aware of the date that it ends and that any deposits and rent due are paid in full

Once you have determined the start date and term of the tenancy and added it to the agreement, you can move on to the next step: ### Rent.

Rent

  • Read the agreement carefully and understand the monthly rent amount.
  • Check that the amount is the same as the one you agreed upon when you first signed the agreement.
  • Make sure you know when the rent is due, and when it is accepted as late.
  • Ask the landlord if you are able to pay the rent by direct debit or standing order.
  • Know the rent increase procedure, if any.
  • Check if the agreement says you must pay the landlord’s solicitor’s costs.

You can check this step off your list when you fully understand the agreement and the monthly rent amount.

Security deposit

  • Before you sign a tenancy agreement, you should ensure that the landlord has provided you with a written statement of the amount of the security deposit.
  • The security deposit should not exceed the equivalent of 5 weeks’ rent.
  • The agreement should also specify when and how the deposit will be returned.
  • Make sure that the tenancy agreement clearly states what will happen if the tenant damages the property or leaves it in an unsatisfactory condition.
  • Once you have read and understood the security deposit clause in the tenancy agreement, you can check this off your list and move on to the next step.

Repairs and maintenance

  • Ask your landlord to provide information on who is responsible for repairs and maintenance at the property.
  • Check the tenancy agreement to see if it outlines who is responsible for repairs and maintenance.
  • Note any clauses in the tenancy agreement that relate to the repairs and maintenance you are responsible for.
  • Take photographs of the property to document its condition at the beginning of your tenancy.
  • When you are satisfied with the information received, you can check this step off your list.

Access to the property

  • Read the tenancy agreement to identify who has access rights to the property.
  • Check if there are any restrictions on access to the property and the landlord’s responsibilities.
  • Check if any additional access rights are given to the tenant.
  • Confirm if the landlord has the right to enter the premises at any time.
  • Confirm if the tenant has the right to give access rights to others.

When you’ve read the tenancy agreement and made sure that you understand the access rights to the property, you can check this off your list and move on to the next step.

Restrictions on use of the property

  • Check the tenancy agreement to understand what restrictions the landlord has placed on the use of the property.
  • Some restrictions may include limiting the number of guests or visitors you can have in the property, prohibitions on noise or parties, or restrictions on the use of certain furniture or fixtures.
  • Familiarize yourself with these restrictions to ensure you understand and are compliant with them.
  • If you have any questions or concerns, contact your landlord to discuss.
  • Once you understand the restrictions on use of the property, you may check this step off your list and move on to the next step.

What are the rights and obligations of both the tenant and the landlord?

  • Read through the tenancy agreement to understand the legal rights and obligations of both the tenant and the landlord
  • Identify the tenant’s obligations, such as payment of rent, keeping the property in a good state of repair, and following any other rules set out in the tenancy agreement
  • Identify the landlord’s obligations, such as making sure that the property is fit for habitation and complying with any other rules set out in the tenancy agreement
  • Confirm whether the tenancy agreement is a standard Assured Shorthold Tenancy or an Assured Tenancy
  • Check that all parties have signed the tenancy agreement
  • You have completed this step when you have read through and fully understand the rights and obligations of both the tenant and the landlord, as set out in the tenancy agreement.

Tenant’s rights

  • Understand that tenants have the right to live in a safe and secure property, as long as they comply with the terms of the tenancy agreement
  • Recognize that tenants have the right to privacy and to not have the landlord enter the premises without prior notification, except in an emergency
  • Know that tenants must be provided with a copy of their tenancy agreement, which outlines their rights and responsibilities
  • Be aware that tenants have the right to the deposit protection scheme and that any deposits taken must be held in a government-approved deposit protection scheme
  • Understand that tenants have the right to take reasonable steps to repair any damage to the property that may have been caused by them
  • Realize that tenants have the right to be provided with a Gas Safety certificate and an Energy Performance Certificate
  • Appreciate that tenants have the right to challenge any fees they feel are unfair or excessive
  • Be aware that tenants are responsible for paying rent on time and in full
  • Recognize that tenants have the right to challenge any rent increase

Once you have completed the steps above, you can now move on to the next step: “”### Landlord’s rights"".

Landlord’s rights

  • Understand that the landlord has the right to reasonable access to the property for repairs and other necessary visits
  • Understand that the landlord can increase the rent amount, as long as they follow the rules set out in the tenancy agreement
  • Be aware of the rights of the landlord to take legal action if the tenant fails to meet their obligations
  • Understand that the landlord has the right to end the tenancy agreement in certain circumstances

You’ll know you can check this step off your list when you have a clear understanding of the landlord’s rights in the tenancy agreement.

Tenant’s obligations

  • Tenants are generally responsible for paying rent on time and in the agreed amount
  • Tenants should also keep the property in good condition, and not damage or alter it without prior consent from the landlord
  • Tenants may be required to pay for utilities and council tax, depending on the tenancy agreement
  • Tenants must not cause a nuisance to other tenants or neighbours
  • Tenants should inform the landlord of any repairs that need to be carried out

Once you have read and understood the tenant’s obligations, you can check this step off your list and move onto the next step which covers landlord’s obligations.

Landlord’s obligations

  • Ensure that the property is safe and fit for habitation.
  • Maintain the property and carry out repairs where necessary.
  • Comply with all relevant health and safety regulations.
  • Ensure that all gas and electrical appliances are safe and working properly.
  • Provide smoke and carbon monoxide alarms.
  • Pay for buildings insurance.

When you have completed these steps, you can move on to the next step which is understanding what are the common terms in a tenancy agreement.

What are the common terms in a tenancy agreement?

  • Read through the tenancy agreement to get familiar with the common terms in it
  • Look for information on the type of tenancy, rent and any fees, the length of the tenancy, who is responsible for repairs, and the rules regarding pets, smoking, and subletting
  • Make sure you understand all the terms and conditions before signing the agreement
  • Once you’ve read through the agreement and are comfortable with the terms, you can check this step off your list and move on to the next step.

Pet policies

  • Understand which types of animals are allowed in the property, if any
  • Check what kind of pet deposit is required
  • Determine if the landlord or tenant is responsible for any damage caused by the pet
  • Ascertain if any pet-related restrictions are in place, such as a ban on loud or aggressive animals
  • Make sure you know the rules regarding pet visits

Once you understand these points, you can move on to the next step, which is subletting.

Subletting

  • Understand the rules around subletting in your tenancy agreement. It’s important to know whether you’re allowed to rent out any part of your property to someone else.
  • Speak to your landlord if you’re unsure about any of the details.
  • Check your local government’s rules and regulations around subletting and make sure you comply with them.
  • Make sure you have the necessary paperwork and documents in place if you are subletting.
  • Once you understand the rules and regulations around subletting and you have the necessary paperwork and documents in place, you can move on to the next step.

Insurance

  • Understand the insurance requirements that are outlined in your tenancy agreement.
  • Make sure you understand what is and isn’t covered by your insurance policy.
  • Ensure that you have the appropriate insurance in place and that it’s up to date.
  • Check if you need to update your insurance policy if there are changes to your tenancy agreement.
  • When you have all the necessary insurance coverage in place, you can check this step off your list and move on to the next step.

Termination of agreement

  • Understand the proper procedure for terminating a tenancy agreement, which will depend on the type of tenancy you have
  • Be aware that in most cases, a landlord must provide a written notice of termination and tenants must respond in writing
  • Consider giving notice to your landlord if you plan to vacate the property, and check your tenancy agreement for the required notice period
  • Become familiar with the legal requirements for terminating a tenancy, including the various grounds for eviction and repossession
  • Learn how to challenge an eviction, if necessary
  • Know what to do if you receive a notice to quit from your landlord
  • When you’ve done all of the above, you can move on to the next step: Assignment and Succession.

Assignment and succession

  • Understand the difference between assignment and succession in tenancy agreements
  • Check if the tenancy agreement allows for assignment or succession
  • Seek permission from the landlord if you want to assign or succeed the tenancy
  • Confirm the details of the assignment or succession in writing
  • Make sure the new tenant is aware of their responsibilities
  • Get written confirmation of the assignment or succession from the landlord
  • Check that your tenancy deposit protection certificate is updated
  • Once the new tenant has taken on the tenancy, you can check this step off your list and move on to the next step.

Utilities

  • Research the local utilities in the area of the rental property
  • Ask the landlord or property manager what the current utilities costs are
  • Find out who is responsible for paying for utilities
  • Find out what utility-related costs are included in the rental price
  • Ask the landlord or property manager if there are any specific utility policies that need to be followed
  • Ask if there are any restrictions on how utilities can be used
  • When you have all the necessary information, make sure it is included in the tenancy agreement

Once you have gathered all the necessary information and have it included in the tenancy agreement, you can check this off your list and move on to the next step.

What are the laws and regulations that apply to tenancy agreements in the UK?

  • Research the Housing Act 1988, which sets out the rights of tenants and landlords
  • Become familiar with the Tenant Fees Act 2019, which regulates fees and deposits that a landlord can charge
  • Learn more about the Protection from Eviction Act 1977, which sets out the eviction process and the landlord’s responsibilities
  • Check out the Consumer Rights Act 2015 and the Equality Act 2010, which outlines the rights of tenants
  • Understand the Housing and Planning Act 2016, which sets out the rules and regulations around housing
  • Once you have familiarized yourself with all the laws and regulations that apply to tenancy agreements in the UK, you can move on to the next step.

The Protection from Eviction Act 1977

  • Learn about the Protection from Eviction Act 1977 and the ways it protects tenants in the UK
  • Understand how the Act restricts the ways in which a landlord can end a tenancy
  • Know the rights of a tenant to take legal action against their landlord if they are unlawfully evicted
  • Be aware of the importance of the Act in providing tenants with protection and security
  • When you have a complete understanding of the Protection from Eviction Act 1977 and what it entails, you can move on to the next step and learn about the Landlord and Tenant Act 1985.

The Landlord and Tenant Act 1985

  1. Understand the basics of the Landlord and Tenant Act 1985:
  2. This is a law in the United Kingdom that establishes the rights and responsibilities of landlords and tenants.
  3. It covers the relationship between landlords and tenants, including the amount of rent, the length of the tenancy, and the rights of both parties.
  4. Know the rights and responsibilities that the act outlines:
  5. The act outlines the rights of tenants, such as the right to a safe and habitable home and the right to timely repairs and maintenance.
  6. It also outlines the responsibilities of landlords, such as the responsibility to protect tenants’ deposits.
  7. Check that your tenancy agreement is compliant with the act:
  8. Ensure that the agreement includes important elements such as the amount of rent, the duration of the tenancy, and the rights of both parties.
  9. Ensure that the agreement also includes clauses that are compliant with the act.
  10. Know when you can move on to the next step:
  11. Once you have checked that your tenancy agreement is compliant with the Landlord and Tenant Act 1985, you can move on to the next step.

The Housing Act 1988

  • The Housing Act 1988 outlines the legal rights and responsibilities of both the landlord and tenant
  • This act sets out the rules for how a landlord can end a tenancy and how long a tenant can stay in the property
  • It also covers the rights of the landlord to increase the rent and how much notice they must give
  • The act also provides tenants with protection from eviction and makes it illegal for a landlord to retaliate if a tenant exercises their rights
  • When you understand the basics of the Housing Act 1988, you can move on to the next step, which is the Landlord and Tenant Act 1985.

The Consumer Rights Act 2015

  • Understand the main purpose of the Consumer Rights Act 2015, which is to make sure that consumers are treated fairly when buying goods, services, or digital content in the UK
  • Learn about the important consumer rights that the Act covers, such as the right to be informed of the main characteristics of a product or service, the right to receive goods that are of satisfactory quality, the right to receive digital content that meets the consumer’s expectations, and the right to receive a refund if an item is faulty
  • Know that the Consumer Rights Act 2015 applies to tenancy agreements and protects tenants from unfair terms in a tenancy agreement, as well as giving tenants the right to repair and replace faulty items

Once you have a thorough understanding of the Consumer Rights Act 2015 and how it applies to tenancy agreements, you can check this off your list and move on to the next step.

What are the penalties for not complying with the terms of a tenancy agreement?

  • The landlord can take the tenant to court if they do not comply with the terms of the tenancy agreement.
  • The tenant risks eviction and being liable for any damages or losses to the landlord that result from non-compliance.
  • Tenants may also be liable for any legal costs incurred by the landlord as a result of non-compliance.
  • Depending on the type of breach, the tenant may also be liable for any costs incurred by the landlord for additional repairs or replacements.
  • The landlord may also be able to claim a percentage of the rent due under the tenancy agreement as a penalty.
  • Tenants may also be subject to a fine or other financial penalty for non-compliance with the terms of the tenancy agreement.

You can check this off your list and move on to the next step once you have a good understanding of the penalties for not complying with the terms of a tenancy agreement.

Breach of contract

  • Understand when a tenant may be in breach of their tenancy agreement
  • Learn what actions a landlord can take if a tenant breaches their tenancy agreement
  • Know the consequences of breaching a tenancy agreement
  • Understand the legal obligations a landlord must follow if a tenant has breached their tenancy agreement
  • Be aware of the legal remedies available to a landlord when a tenant breaches a tenancy agreement

Once you’ve familiarized yourself with the potential breach of contract scenarios and the remedies available, you can check this step off your list and move on to the next step.

Breach of statutory requirements

  • Understand the law: Read up on any relevant legislation governing tenancy agreements in the UK, such as the Housing Act 1988 and the Landlord and Tenant Act 1985.
  • Check the agreement: Make sure the tenancy agreement does not breach any of the laws.
  • If it does: If the agreement contains any clauses which are in breach of statutory requirements, inform the landlord and request they amend the agreement.
  • When you’re done: Once you are satisfied that the agreement does not breach any statutory requirements, you can move on to the next step.

Possession of the property

  • Check that the tenancy agreement includes the landlord’s right to possession of the property
  • Ensure that the tenancy agreement includes the landlord’s right to enter the property with reasonable notice
  • Ensure that the landlord has the right to inspect the property at reasonable times and with reasonable notice
  • Make sure that the tenancy agreement includes a clause that requires the tenant to notify the landlord promptly of any repairs or maintenance that is needed
  • Confirm that the tenancy agreement includes a clause that enables the landlord to take possession of the property if the tenant fails to pay the rent

Once you have checked that your tenancy agreement includes all the necessary clauses regarding possession of the property, you can move on to the next step.

What are the steps to take if there is a dispute between the tenant and landlord?

• Consider the terms of the tenancy agreement to determine the legal rights and obligations of the landlord and tenant.
• Contact the landlord or tenant to attempt to negotiate a resolution to the dispute.
• Seek advice from a housing advice agency or Citizens Advice Bureau.
• If the dispute cannot be resolved through negotiation, consider court action.
• If the dispute is over rent arrears, the tenant may be able to apply for a rent repayment order.
• If the landlord is in breach of the tenancy agreement, the tenant may be able to apply to the court for an injunction or damages.
• When the dispute has been resolved, update the tenancy agreement accordingly.

You will know when you can check this off your list and move on to the next step when the dispute has been resolved and the tenancy agreement has been updated accordingly.

Negotiate

  • Inform the landlord of the dispute and what you would like to see as a resolution.
  • Explain why you have taken this approach and be reasonable in your demands.
  • Listen to what the landlord has to say and try to come to a compromise.
  • If a compromise cannot be reached, contact a professional mediator or legal advisor.
  • Check with local government housing advice services to see if they can help.

When you can check this off your list:

  • When an agreement is reached between the tenant and landlord, or a legal advisor or mediator has been contacted to help resolve the dispute.

Mediation

  • Research and contact a mediator who is experienced in tenancy agreements in the UK.
  • Discuss the situation with the mediator and have them help you reach an agreement.
  • Make sure to write down the agreement that you and the other party reach and have it signed by both parties.
  • You will know when you can check this step off your list when both parties have signed the agreement.

Court action

  • Learn what court action you can take and the process you need to follow
  • Understand the costs associated with court action
  • Consider if court action is the right option for your situation
  • Research the different types of court action you can take
  • Consider the timeframes of court action
  • Contact a solicitor to get advice on your legal rights
  • When possible, try to reach an agreement with the tenant outside of court

When you have completed your research and understand the process of court action, you can move on to the next step of understanding tips for writing a tenancy agreement.

What are some tips for writing a tenancy agreement?

• Ensure the agreement is in accordance with the law in your area - this should be the cornerstone of every agreement.
• Consider the needs of both parties and create an agreement that is fair and equitable for both.
• Be clear and concise when writing the agreement - avoid jargon and technical terms.
• Make sure the document is well-structured and easy to follow.
• Include a clause that clearly states how and when the tenancy will end.
• Specify what the tenant’s obligations are, and make sure they are reasonable.
• Include any additional clauses that are necessary for the specific agreement.
• Make sure that both parties sign and date the document before it is legally binding.

You’ll know you can check this step off your list and move on to the next step when you have a clear, concise and legally-binding tenancy agreement that meets the needs of both parties.

Use clear language

  • Use language that is easy to understand, avoiding legal jargon
  • Avoid ambiguous language and be clear in outlining the expectations of the tenants
  • Describe the obligations of both tenants and the landlord
  • Explain the consequences of not following the agreement
  • Double-check that the language is accurate and up-to-date with current laws
  • Make sure to include all relevant information
    Once you have checked the language used is clear and up-to-date, you can move on to the next step.

Include all parties

  • List out all of the parties involved in the tenancy agreement, including the landlord, tenant, and any guarantors
  • Make sure all parties involved have signed the agreement, if possible in person, or in front of a witness
  • Ensure all parties are aware of their rights and responsibilities under the agreement
  • When all parties have signed the agreement and are aware of their rights and responsibilities, you can move on to the next step: checking local laws.

Check local laws

  • Check the local laws in the area where the property is located to determine the details that must be included in the tenancy agreement.
  • Make sure to research any particular rules or restrictions that apply to the tenancy agreement in the area.
  • Look for any information on the local government website or contact the local council for advice.
  • When you have completed your research, you will know all the information that must be included in the tenancy agreement for it to be legally binding.

Be specific

  • Include details of the property such as address, size, and type
  • Specify who is authorised to live in the property
  • Specify the start date and end date of the tenancy
  • Specify the rent amount and frequency of payment
  • Outline any restrictions on the use of the property
  • Include any rules regarding changes to the property
  • Specify who is responsible for paying utilities and service charges
  • Outline any obligations that the tenant has, such as maintaining the property
  • Specify what deposits must be paid and what they will be used for
  • Outline the process for ending the tenancy
  • Include any other relevant information

Once you have included all of the above points in the tenancy agreement, you can be confident that you have been specific and can move on to the next step.

Include a termination clause

  • Include details on what the tenant and the landlord can do to terminate the tenancy agreement
  • Ensure that the conditions for ending the tenancy are clear and unambiguous
  • Outline what responsibilities the tenant and the landlord have when terminating the tenancy
  • Specify the length of notice period that must be given by either party when terminating the agreement
  • Include any legal requirements that must be followed when terminating the tenancy
  • Be aware of tenancy laws in the area which may dictate certain conditions around termination

You’ll know you’ve completed this step when you have outlined all conditions and responsibilities related to termination of the agreement, and have specified the notice period that must be given.

How to sign a tenancy agreement?

  • Sign the agreement, and make sure both parties agree to all of the terms listed in the document.
  • Have both parties sign the document, and keep a copy for your records.
  • You can either sign it in person or scan and email a signed copy.
  • Once you have signed and agreed to all of the terms, you can check this step off your list and move on to the next step.

Read the agreement thoroughly

  • Read the entire tenancy agreement thoroughly to make sure you understand the terms and conditions
  • Take your time to read and ask questions about any parts of the agreement that are unclear
  • Don’t sign the agreement until you are confident that you understand it
  • Once you have read the agreement, you can move on to the next step.

Make sure all parties are present

  • Make sure all parties involved in the tenancy agreement are present when signing the agreement
  • This could include the landlord, tenant, guarantor (if applicable), and any other individuals involved in the tenancy
  • When all parties involved in the tenancy agreement are present, you can move on to the next step of signing the agreement

Sign the agreement

  • Make sure all parties are present when signing the agreement
  • Review the agreement and ask questions before signing
  • All parties should sign the agreement
  • Each party should take a copy of the agreement
  • Once all parties have signed the agreement you can move on to the next step
  • Make sure to keep a copy of the signed agreement for your records.

Get a copy of the signed agreement

  • Ask your landlord for a copy of the signed tenancy agreement.
  • Make sure that all the details in the copy match the agreement you signed.
  • Check that all parties have signed the agreement and that each signature is dated.
  • Once you have a copy of the signed agreement, make sure to keep it in a safe place.
  • You can check this step off your list once you have the signed agreement in hand.

FAQ

Example dispute

Tenancy Agreement Lawsuit

  • A plaintiff may have a valid reason to raise a lawsuit referencing a tenancy agreement if they have experienced an issue with their rental property or landlord.
  • For example, if the landlord has not met their obligations to maintain the property or to provide services in accordance with the agreement, a tenant may have the right to take legal action.
  • The tenant must provide evidence of the breach of the agreement, including any relevant documents or communications.
  • The tenant may be entitled to a refund of rent or other damages, depending on the nature of the breach.
  • Settlement can be reached through negotiations between the tenant and landlord, or through a court judgement.
  • Damages may be calculated based on the amount of rent owed, any costs incurred as a result of the breach, and any other applicable damages.

Templates available (free to use)

General Tenancy Agreement
Section 6 Tenancy Agreement Right To Written Rent Agreement
Written Tenancy Agreement Request By Landlord Or Tenant

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