What is a Tenant Agreement?
The tenant agreement is the contract signed between the landlord and you. This contract may be in writing or be made orally. The tenancy agreement accords certain rights to the landlord and yourself. The agreement made between you and the landlord should not go against the law and each party should exercise their rights and duties as provided by the law. The agreement can give you and the landlord more but not less than your statutory rights. In case the agreement gives you or the landlord less than your statutory rights, then it becomes un-enforceable.
A tenant agreement can be constituted of:-
- Express terms. These are terms that include written information in tenancy agreement, or rent book, and/or what you and the landlord have agreed on orally
- Implied terms. These are the rights provided by the law or arrangements founded on good practice and custom.
A written tenant agreement should have the following details:
- Details on whether there is provision for other people to utilize the property, and in case they do, specify the rooms
- The payable rent amount, frequency and due dates for payment and when the rent can be raised. In addition, it could include other payments such as fuel or council tax
- The date when the tenancy begins
- The tenancy duration and whether it expires at a specific date
- The notice length required by you and your landlord prior to termination of the tenancy. Keep in mind that there are existing statutory rules with regard to length of notice which is dependent on the tenancy type and reason for its termination dates.
- Whether your landlord is required to provide any services such as laundry, meals, or common parts maintenance, and whether these services are charged or free.
- Your name and that of your landlord along with the property address being let
The agreement can also include your landlord’s obligations details with regard to repairing the property. Your landlord’s property repair obligations are dependent on the tenancy type.
There are obligations that you and the landlord need to fulfill and which may not appear in the tenancy agreement form but are provided for by the law. These obligations are what are referred to as implied terms. The implied terms are a part of the contract although they are not agreed on specifically between you and the landlord. Some commonly implied terms include:-
- You are obligated to provide access to the premises in the event that repair work needs to be done.
- It is your right to live in peace in the rented premises with no interference from your landlord.
- Your landlord is obligated to do basic repairs such as keeping the sanitation, gas and water installations in good working condition.
- You are obligated to use the premises in a manner fitting to a tenant for example, not causing damage as well as proper use of fittings and fixtures.