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Written by James Walsh
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Monday, 06 August 2007 |
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Before taking a property on rent it is always advisable to enter into an agreement. Those who have failed to do so can always make amends. Just prepare an inventory of all the fixtures and furniture in your lease hold. Sign a copy of the list and ask the landlord too, to affix his signature.
The same rules are applicable to landlords too. Lease out your property after entering into a written agreement only. Oral agreements also enjoy legal sanction, but, they are difficult to enforce for lack of sufficient evidential proof. However, many landlords make a common mistake. They self-draft the tenancy agreements. More than three-fourths of the agreements drafted by landlords are legally valueless and unenforceable. It is always good to download an agreement, for the simple convenience and professional expertise it offers. Alternately, a solicitor can be approached to help draft a clear and legally valid document, for the significance of these agreements cannot be undermined. Since the year 1998, more than 60% of the landlords have gone to court. The most common causative factor for their dispute was either the non-payment or delayed payment of rent. Unfortunately, half of the conflicting landlords had merely entered into verbal contracts and had to spend thousands of pounds in court battles. All written tenancy agreements in the UK fall into two basic categories: <b>Assured Short Hold Tenancy</b> Majority of the landlords and tenants enter into an agreement that falls in this classification. Tenants gain a right to live in a particular accommodation for a stipulated period of time; and the landlord is sure to repossess the property after the expiry of the leased tenure. <b>Assured Tenancy</b> Assured tenants are in a stronger position compared to the tenants who have entered into an assured short hold tenancy agreement. Housing associations or housing trusts grant these tenancy agreements. Tenants enjoy the right to stay as long as long as they abstain from creating nuisance or pay the rent on time. These tenancy agreements protect the rights of both the landlords and the tenants. <b>How do Tenancy Agreements Work?</b> Every tenancy agreement is useful for dispute resolution. Apart from this, it also helps clear any doubts regarding tenancy rights or obligations of the landlord. This prevents development of future discrepancies of any sort. In short, it ensures peace of mind for both the landlords and the tenants. Every agreement between a landlord and a tenant deals with the right to occupy the house in lieu of rent. This process entails certain rights and obligations that are clearly yet concisely listed out. The salient points of any tenancy agreement contain: <ul><li>The name and address of the landlord</li><li>The day the tenancy began </li><li>The tenancy duration (tenants are leased the property for a minimum period of six months.) This tenure gives the tenant some security. Within this duration, the landlord can ask the tenant to vacate only in the case of non-payment of rent or other forms of disturbing behaviour.</li><li>The amount payable as rent</li><li>The types of services provided by the landlord</li><li>The notice period; usually tenants are given a two-month notice period.</li></ul> However, landlords and tenants have a multitude of unspoken understandings. It is not possible to write down everything. Therefore, all agreements contain clauses, a few of which are written down and some are implied. These unwritten conditions deal with the right for peaceful living by the tenant. The landlord, in return, expects regular payment of rent and proper maintenance of the house. A change in the agreement or incorporation of new clauses is possible by the mutual consent of the various people involved. <b>The Various People Involved in a Tenancy Agreement</b> Tenancy agreements, in simple terms, are entered into by the landlord and the tenant. It is highly advisable that either party signs the agreement in the presence of an independent witness. If a landlord leases out the property to multiple tenants, an agreement is reached with each individual tenant stating their joint responsibility to repair damages to the property. Multiple tenants could either be a group of students sharing an accommodation, or two or more employees living together. Most of the landlords and the tenants sign the assured short hold tenancy agreement. Though their agreements contain all the basic points, it is however advisable to get these agreements ratified by a solicitor. Prevalence of a proper agreement gives the tenant the right to stay in the house till the termination of the agreement and prevents the landlord from forcing evacuation. |
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