Tenancy Agreements
A tenancy agreement is a contract between a landlord and tenant. This sets out the terms and conditions of the tenancy and tenancy agreements can be either verbal or in writing. The majority of landlords give their tenants a tenancy agreement in writing.
If you do not have a written tenancy agreement, a verbal agreement between you and your landlord still counts as a tenancy agreement. Your rights also depend on the type of accommodation you are living in and when you moved in.
The terms of the tenancy
Before moving into private rented accommodation, you should make sure that you understand the terms of the tenancy. If you are not clear about the information in your agreement, ask your landlord to confirm;
The length of time the tenancy will be for
The amount of rent payable and when it should be paid
Whether you will be able to leave before the tenancy has ended
If the property is furnished, and if so, what furniture will be provided
Your responsibilities with regards to internal decoration (your landlord will be responsible for structural and external repairs)
Whether you are able to keep pets at the property
Whether you are able to have lodgers or sublet
Many landlords use standard tenancy agreements where these terms are already set out.
Different Types of Tenancy
There are different laws for different types of private tenancies, dependant upon the date you moved in and the type of accommodation you live in. Most new private tenants have an assured shorthold tenancy. You may not be an assured shorthold tenant, however, if:
Your landlord shares your accommodation
You moved into the accommodation before 15 January 1989
You are living in halls of residence, bed and breakfast accommodation or holiday accommodation
Your landlord is your employer
When can I be asked to leave?
An assured shorthold tenancy is initially given for a period of six months or a year which is known as a fixed term. When the fixed term ends you may be given a new tenancy agreement to sign by your landlord for a further fixed term. If you are not given another agreement but your landlord does not ask you to move out, the tenancy will automatically continue on the same basis as before. In this case the tenancy will roll from month to month or week to week rather than for a fixed period of time.
If your landlord wants you to leave the property, he will have to give you notice
The landlord can apply to the court to end the tenancy at any time on certain “grounds” (reasons) for possession which are set out in legislation. These include rent arrears, damage to the property, and anti-social behaviour.
You do not have to leave unless the Court grants your landlord a possession order.
Your landlord cannot drive you out of your home or stop you using part of it if you have a legal right to live there.
Can I get help with my rent?
If you are on a low income or you are claiming any other benefits, you may be able to get help to pay the rent through housing benefit. Click here to see if you can claim
This can be done to find out how much rent would be covered by housing benefit before you commit yourself to any tenancy agreement.
Rent arrears
If you fall into arrears of at least 8 weeks rent (if you pay weekly), or 2 months (if you pay monthly) then your landlord can give you notice that he will seek possession of the property through the court. If, at the time of the court hearing, you still owe at least this amount, it is very likely that the judge will give the landlord a possession order.
What if you think the rent is too high
