If planning to rent out a property, it’s important to know what exactly to look out for in a tenancy agreement. This agreement states the terms and conditions between the tenants (you) and the landlord. It will state them amount of rent to be paid, the duration of the rental, who is responsible for repairs, the amount of deposit to be paid, the rights of the landlord and any other conditions or restrictions on the use of the property.
A tenancy agreement can be written or oral. Do make sure to ask for once if you have not been provided with one, as it contains the rights to the property for both you and the landlord. It can give you and your landlord more rights than stated by the law, but not less as it would then be invalid. Tenancy agreements may contain express terms, including what is in the written agreement and rent book as well as any oral agreement that you and the landlord may have come to. Implied terms are rights given by law and are established by practice and custom.
You will not be fooled by unfair or sham agreements if you know what to look for in a tenancy agreement. There are legal requirements that override any rights in a written or oral agreement. If the agreement states that you have less rights than the law states then it is a sham agreement. Make sure everything is spelled out exactly as the landlord claims it to be. The landlord may claim that the agreement is not a tenancy agreement, but a license to occupy. Signing a license to occupy agreement is not enough to make it one – if you encounter this, then contact your nearest Citizen Advice Bureau.
Tenancy agreements should be clearly written and simple to understand. Should there be any terms that put you or your landlord into a detrimental position i.e. enabling one of you to unilaterally change terms without valid reason, or terms that bind you to something that you don’t understand, then feel free to reject the agreement as it cannot be enforced.
It is illegal for a landlord to discriminate because of race, disability, gender, religion, sexuality etc. If you find something in the agreement that puts you in a worse position than other tenants, limit your use of facilities or indeed something that will not change policy to cater for disability, then the landlord is breaking the law.
Always know your rights when signing a tenancy agreement. You have the right to:
• Live in property that is in good repair with defects repaired in a time effective manner
• Protection from unlawful eviction
• Enjoy the property without constant interference from the landlord
• Be clear on the amount of rent and when it should be paid
• Know when the rental cost will be reviewed
• Know the beginning of the lease and, if applicable, the ending date
• Any other rights such as keeping pets
Dane Cross writes on behalf of One UK, a UK based estate agents who specialise in apartments and flats in Manchester.