Do I need a Tenancy Agreement?


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The tenancy agreement is a written or oral contract between a landlord and their tenant(s). You do need a tenancy agreement as, without a tenancy agreement, a tenant may be at risk of exploitation. A T]tenancy agreement contains the rights of both the landlord and tenants for the period of the tenancy. The landlord and tenant have rights and obligations as specified by the law, any other arrangements in the tenancy agreement must not conflict with the law. Both parties can have more than their statutory rights under the tenancy agreement, but they cannot have less their statutory rights; if this should be the case, the agreement will not be enforceable. The private tenancies order compels a landlord to provide the tenant with a stipulated statement of the tenancy term within the first 28 days of the tenancy free of charge, with copies expected to be made, so as to avoid uncertainty about the nature of the agreement. A tenancy agreement can be in two forms – written or oral. Tenancy agreements mostly contain two terms; the express terms and the implied terms.

Express Terms

The express terms are the provisions of the tenancy agreement that were agreed by the landlord and tenant. They are either written or oral. In a case where the terms are written, they can usually be found in the rent book.

Implied Terms

Implied terms are the privileges specified by law. They are standards, customs, and practices within the constitutional border. They are part of the tenancy agreement regardless of the inclusion or exclusion of the express terms.

Written Tenancy Agreement

Simply put, a written tenancy agreement is the expression of agreed terms of tenancy between a landlord and tenant on paper. In the UK, not all tenants have a right to written tenancy agreements, but landlords of local housing associations should give a tenancy agreement.


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