What is a tenancy agreement?
This is a contract between you (the tenant) and the landlord and it will identify all the rights, legal obligations and responsibilities of you and the landlord when renting a property.
Usually this is a written document which is signed by both of you. On occasion there may be a situation where a verbal agreement is in place and this should also provide rights to the tenant.
There are two types of agreement you may be asked to sign with your landlord through Homes2Rent.
1. Assured Shorthold Tenancy (AST)
As stated this is the most commonly used agreement and will be used if
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it is the letting of private residential property and not commercial premises.
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the tenancy started after 1997
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it is your main accommodation,
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the landlord doesn't live there
When can my landlord not use an AST?
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if they're charging extremely high rent (over £100k per year)
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low or no rent
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if it’s a holiday rental
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they live in the property
As stated an AST will indicate the length of tenancy, usually 6 or 12 months (this would be something that you have agreed with your landlord). The landlord will not be able to increase the rent during the first 12 months unless there is an agreed rent review clause in the agreement.
Once the fixed term is over, if you haven't agreed on a renewal, the tenancy agreement automatically becomes ‘periodic’, moving to a monthly rolling contract with the same rent.
2. The Assured Shorthold Tenancy Agreement (Room Only AST)
This will apply when you are renting a room in a property rather than the whole property.
The type of property would usually be a shared house or a bedsit and would apply to a property where you may share a bathroom or kitchen with other tenants in the same house/building.
You can see an example of the NRLA AST here.
What makes a valid tenancy agreement?
It should include:
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The length of the tenancy, and whether it’s fixed term or periodic (eg. running month-to-month)
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The name of the landlord and any tenants/permitted occupiers
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The property address
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The rent amount payable and how often it must be paid
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The amount of any deposit paid and may also include information on where this is protected
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What bills or services are included in the rent
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How the tenancy can be ended
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Who is responsible for repairs, maintenance and safety
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Any additional clauses that have been agreed between the landlord and the tenant You can find more information her in relation to the types of clauses the landlord may add here, What is a "special clause"?