Tenancy agreement what is it

If you moved into the property before 15th January , you may have a Regulated or Protected Tenancy. This type of tenancy offers the most protection against rent increases or eviction. The type of tenancy you have depends on when it was taken out.

More details can be found in booklets published by the Department for Communities and Local Government:. To view a sample of a Assured Shorthold Tenancy click here. Skip to main content. Carousel Holder This is a debugging block. Preface First This is a debugging block. Preface Second This is a debugging block. Preface Third This is a debugging block.

Header First This is a debugging block. Content This is a debugging block. Your agreement might say you have a certain type of tenancy - but the type of tenancy you actually have might be different. The tenancy you have depends on the facts of your situation, not what your agreement says.

This will be the case even if your agreement says something else. You can check what type of tenancy you have. The tenancy agreement should be signed by all tenants and your landlord. If there are joint tenants, each tenant should receive a copy of the agreement. Check your tenancy agreement - it might give you more rights than your basic rights under the law.

If you are experiencing problems with repairs you can talk to an adviser. A tenancy agreement exists even if there is only a verbal agreement between you and your landlord. For example, you and your landlord may have agreed at the start of the tenancy:. You might also be able to prove what was agreed in other ways - for example, with emails or text messages. There are obligations you and your landlord have which may not be set down in the agreement but which are given by law and are implied into all tenancy agreements.

These terms form part of the contract, even though they haven't been specifically agreed between your landlord and you. For information on the rights and obligations of social housing tenants and landlords, see our advice on renting from a social housing landlord. For information on the rights and obligations of private sector tenants and landlords, see our advice on renting from a private landlord.

If the tenancy was created on or after 28 February , your landlord must provide basic written terms of the agreement within 28 days of you requesting this in writing. Your new landlord must give you their address in writing within 2 months of taking over the property.

The rights laid down by law always override those which are stated in a written or oral agreement. An agreement which suggests that you or your landlord have less rights than those given by common law or statute is a sham tenancy agreement. What an agreement states and what the tenancy actually is may be different. You may also have signed an agreement stating that the property was granted under a licence to occupy.

This is not enough to make the agreement a licence. If your landlord includes any other fees, it might be illegal. Ask your landlord to return the illegal fees. If they don't you can report your landlord to Trading Standards. If your landlord still won't return the illegal fees you can make a small claim in the courts for an order that says the landlord must pay the money back. There are rules about how much a landlord can charge for a deposit - find out how much it costs to rent.

A tenancy agreement can normally only be changed if both you and your landlord agree. If you both agree, the change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement. Your landlord might charge a fee for changing your tenancy agreement.

They can only charge you if you asked for the change. A verbal agreement can also be changed. They could be held responsible for:.

Extra conditions must comply with the law. Adding conditions to the tenancy agreement. Electronic signatures may be used to sign a tenancy agreement if both parties agree. They are as valid as a traditional written signature if certain requirements are met. Electronic signatures can take many forms, including a scanned or photographed image, or signing on a device using a stylus.

There is a risk of them being intercepted and used by someone else, which can make them less secure than a traditional written signature. A digital signature is a more secure form of electronic signature, which uses encryption to reduce the risk of it being copied or altered.

Some computer software offers the use of a digital signature. The legal requirements for electronic signatures are set out in the Contract and Commercial Law Act external link. If your contact details change during the tenancy, you must give the other party your new contact details within 10 working days. If we hold a bond for the tenancy, you must also let us know the new details within 10 working days. Contact us with updated contact details. Sometimes, landlords and tenants may want to vary an agreement, or extend or renew the fixed-term tenancy agreement for a further period.

Read more about the different ways to change a tenancy agreement. You can use our flat-sharing agreement template for this. For general enquiries please contact us. Property inspections are important. Tenants and landlords should check the property together at the start of a tenancy to avoid problems later on. An address for service is the address at which landlords or tenants receive notices and other documents about the tenancy. All conditions added to a tenancy agreement must comply with the law.

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Tenancy agreement templates We have tenancy agreement templates in PDF form for landlords to use. Residential tenancy agreement builder external link Landlords can draw up their own tenancy agreement, as long as they include the minimum information required by the Act.

Tenancy agreement essentials. Every tenancy agreement must include the following: Print. Every tenancy agreement must include the following: The full names and contact addresses of the landlord and tenant s.