Tenancy agreements: a guide for landlords (England and Wales) (2024)

FAQs

How to fill tenancy agreement England and Wales? ›

The tenancy agreement is a contract between you and your landlord. It may be written or verbal. The tenancy agreement gives certain rights to both you and your landlord. For example, your right to occupy the accommodation and your landlord's right to receive rent for letting the accommodation.

Assured shorthold tenancies ( ASTs )

The most common form of tenancy is an AST . Most new tenancies are automatically this type.

The tenancy agreement should be signed by all tenants and your landlord. If there are joint tenants, each tenant should receive a copy of the agreement.

Under the new law, tenants and licencees are now known as 'contract-holders'. Tenancy agreements have been replaced with 'occupation contracts'. The new law will make renting easier and provide greater security.

The landlord's right to refuse

Your landlord can refuse to renew your lease if: you're in breach of your obligations (for example, you've not paid your rent) they want to use the premises themselves, for their business, or to live there.

A landlord who wishes to sell their tenanted property must provide their tenants with six months' notice to end their contract with a Section 173 notice. Generally, this notice can only be served after the first six months of a tenancy, however, this will differ depending on the estate agent.

Notice periods

providing you do not break a term of the contract, your landlord must give you at least 6 months' notice (a section 173 notice in the Act) to end the contract, often called a no fault' notice (increased from 2 months' notice)

It is possible for a legally binding tenancy to be created even if a tenancy agreement was never signed. Section 54(2) of the Law of Property Act states that an agreement can be created without the need for any writing at all. in most cases, so long as the tenant is in occupation and paying rent – a tenancy is created.

Can I write my own tenancy agreement? You don't necessarily need a solicitor to produce a legal document like a tenancy agreement. You can do it yourself, just make sure to include all the relevant information. Ensure it is up to date with the law and in particular does not contain any illegal clauses.

How do landlords choose between tenants UK? ›

Ultimately, you're looking to find someone who will pay their rent on time, look after the home and stay there for as long as possible. No amount of background checks and referencing can ensure things work out, but they can give you a good chance of finding the perfect tenant.

How long do you want the tenancy for? The landlord must allow you to stay in the property for a minimum of 6 months. Most landlords offer tenancies for a fixed term of 6 or 12 months. However, it is possible to negotiate a longer tenancy, or you could agree to a tenancy which rolls over on a weekly or monthly basis.

If you are both approved tenants, then the short answer is no, not unless you can get them to agree to leave and have the tenancy agreement amended or re-written.

What makes a tenancy agreement invalid? Any tenancy agreement that states either the landlord or the tenant has fewer rights than those laid out in law is an invalid tenancy agreement.

You can usually let other people live with you while you are the tenant as long as your home is not overcrowded. You should ask your landlord before anyone moves in if your agreement says you have to. Sometimes a landlord's insurance company or mortgage lender asks for this to be in the tenancy agreement.

Can I write my own tenancy agreement? You don't necessarily need a solicitor to produce a legal document like a tenancy agreement. You can do it yourself, just make sure to include all the relevant information. Ensure it is up to date with the law and in particular does not contain any illegal clauses.

Do I have to add my partner to the tenancy agreement? It's rare for a tenant to be given the choice as to whether to make a new occupant a joint tenant or a permitted occupant. Most landlords insist that any new occupants sign the rental agreement or lease and become tenants in their own right.

If the tenancy is going to be for more than 3 years, it needs to be signed as a 'deed', where the signatures must be witnessed by a responsible person. There is now an established legal precedent for tenancy agreements to be signed electronically.