Tenancy Agreements FAQ

I have a tenant whose 12 month contract ends on the 14th June, but she wants an extra 3 months. Does she need a new contract?

ANSWER 1: No - you can let the tenancy run as a statutory periodic tenancy (e.g. month to month) or you could create a new tenancy agreement. I am assuming that the initial fixed term (at least 6 months has expired), if so then you can give her a 'replacement tenancy' which can be for any length of time no matter how short.

I have tenants on a periodic tenancy and they want to move out. They are saying they only have to give one month's notice, so as they gave notice yesterday (11th March) the tenancy will end on the 10th April. However, their periodic tenancy started on the 8th August 2010, so I thought they had to give at least one months notice to end on the last day of the tenancy period i.e. even though they gave notice on the 11th March, the tenancy would not end until the 7th May. Who is right?

ANSWER 1: Nope - one months notice, although it makes it easier to end the tenancy on the last day of a period of a tenancy.

Can my partner be on the Tenancy Agreement on her own, but I will pay the rent?

ANSWER 1: Legally, there is no reason why only one of a couple should have their name on the tenancy agreement, and also no reason why the rent should not be paid by someone other than the person on the tenancy. However, it would be surprising if any landlord would be prepared to agree to this because it would mean that if the rent fell into arrears they would not be able to sue the person most able to pay.

Who keeps original copy of the tenancy agreement?

ANSWER 1: There should be one copy for the tenant, one for the landlord and if an agency is involved, one for them too. Every copy should be signed by the tenants and landlord/agency. So both parties get an original copy, not photocopies.

What is the difference between a fixed tenancy and a periodic tenancy?

ANSWER 1: A fixed tenancy is over a fixed period of time, normally 6 months but may be shorter or longer depending upon how it is written. A periodic tenancy runs from month to month. during a fixed term neither the landlord or tenant may end the tenancy early. The tenancy may be 'surrendered' by either party but there may be punative financial consequences for either party by doing so. A fixed tenancy under an assured shorthold tenancy agreement automatically becomes a periodic tenancy agreement following the completion of the 'fixed term' and the tenant needs only to give one months notice to leave as opposed to two during the fixed term. The landlord must still give two months notice under a periodic tenancy. All other clauses of the original assured shorthold tenancy agreement remain in force.

What is the difference between an assured shorthold tenancy (ast) and an assured tenancy?

ANSWER 1: They're basically the same thing except for one important factor: An AST normally has a fixed term of six to twelve months. After that, it becomes a Statutory Periodic Shorthold Tenancy Agreement (SPSTA), which is where the tenant can give one month's notice to leave or the landlord can serve a "Section 21" (the two month's notice to leave. An Assured Tenancy is basically the same tenancy, but the fixed term doesn't have a time limit, which means in an Assured Tenancy as a Landlord you cannot serve a Section 21 and ask the tenant to leave.

Is it necessary to have a tenancy agreement in place?

ANSWER 1: A tenancy agreement is not a legal requirement. You can allow anyone to stay in your property. However once they are in and without a suitable and fair tenancy agreement in place, you will have almost no rights to regain repossesion of your property without expensive and highly technical legal representation. any tenancy agreement must be fair otherwise it could be thrown out by the courts during a dispute for unfair contract terms brought by the tenant. clauses in assured shorthold tenancy agreements that prohibit certain things, for example, fitting satellite dishes to properties, picking of flowers from gardens, pets, smoking etc must contain the words "permission not to unreasonably withheld" otherwise the chances are the contract is unfair. If you unreasonably withold permission to pick flowers from the garden you essentially include weeds, nettles etc and can't then complain that they have not kept the garden in good condition when it becomes an overgrown mess and it costs you a fortune to re-landscape.

Does everyone over 18 years old have to be a joint tenant?

ANSWER 1: So long as there is one recognised tenant, anyone additional can be considered a 'permitted occupier'. Their age is not relevant.

My shorthold tenancy agreement runs out this month. Do I need to take out another agreement or do the terms of the current agreement continue to apply?

ANSWER 1: If neither the landlord nor the tenant(s) give notice to end the tenancy then the existing tenancy becomes what is called a "periodic" tenancy rolling on on a month by month basis. The terms and conditions of the original tenancy agreement continue and there is no need to issue another agreement.

When I find someone to occupy my house I will be a resident landlord but will that person be a tenant or lodger?

ANSWER 1: It's better for you if the occupier is a lodger rather than a tenant so I would suggest you take steps to ensure that this is the case. You can do this by making sure that there is some living space you have in common e.g. Bathroom, living room. The main advantage of the occupier being a lodger sharing living space is that you do not normally have to get a court order to evict.

What happens when the date expires in the tenancy agreement? Do the terms and conditions not apply? Do I need to provide my tenant with a new contract?

ANSWER 1: If the tenancy was a fixed term assured shorthold tenancy agreement and the tenants were not served a section 21b notice before the end date, then the agreement would automatically revert to a 'statutory periodic tenancy'. The terms of the original agreement would remain in place, however the rent would be paid monthly, the tenancy only need to give at least 1 full months notice from the rent due date, and the landlord would need to give at least 2 months notice from the rent due date. No additional paperwork is required for this, but it is advised to issue a tenancy addendum informing the tenants officially.

Does an ast have a minimum age restriction? I want to rent my property to a 17 and 18 yr old

ANSWER 1: The minimum age to sign a legal binding contract is 18.

I lost my tenancy agreement. Do the terms and conditions still apply?

ANSWER 1: Tenancy agreements do not legally have to be in writing - it's obviously just better that they are. The terms of your tenancy still apply but you might have to rely on other evidence to prove a point.

Does the landlord's address have to go on the tenancy agreement?

ANSWER 1: No. There must be an address which will reach the landlord. That is not the same as the address at which the landlord lives or works.

ANSWER 2: If the landlord is living outside england and wales, there still needs to be an address which is in england or wales. section 48 of the landlord and tenant act 1987 states that a landlord must give his/her tenant notice of an address in england and wales for the service of documents. until this is done, any rent will be treated as not being due from the tenant. Which means that the landlord will not be entitled to sue or evict for non payment of rent, if the s48 information has not been provided. Once the information has been given, all the back rent will fall due.

Can I put whatever clauses I want in the tenancy agreement?

ANSWER 1: Yes. Putting something into a contract does not make it legal, valid or enforceable. Even if both parties sign a judge can rule the clause as not being valid under uk law.

What if there is no written tenancy agreement in place? Do I still have rights as a landlord?

ANSWER 1: Tenancy agreements do not legally have to be in writing - it's obviously just better that they are. Tenancy agreements can be verbal. Both you as landlord and your tenant will have statutory rights. You would be strongly advised to get a written tenancy agreement in place - even if there are no current issues. Once presented, the tenant can either agree to the terms, negotiate or refuse.

Where can I get a tenancy agreement from?

What is an assured shorthold tenancy agreement?

ANSWER 1: It's a contract between landlord and tenant for a residential property which sets out the duties and responsibilities of the (non resident) landlord and tenant.