FAQs: Landlord agreements
What type of agreement should a landlord use?
A landlord agreement is a written or oral contract between a landlord and tenant. It concerns the rights and responsibilities that each party accrue, such as the right of occupancy and the responsibility to pay the proper rent for the tenant. Different types of landlord agreements suit various types of rented accommodation and a property solicitor will be able to explain these further. However, most tenancies latterly are ‘assured shorthold tenancy’ agreements.
What sort of terms can a landlord include in an agreement?
A landlord agreement may not conflict with the law. The agreement cannot give a landlord or tenant less than their statutory rights, otherwise the clause could be unenforceable. However, a landlord could stipulate that the tenant must keep the interior of the house to a certain standard of repair for example. This is known as the express terms.
What is the difference between a license and a tenancy?
A tenancy is a form of property ownership. Generally, a landlord cannot enter the rented premises without the tenant’s permission, nor call at unsociable times of the day. Conversely, a license means that an occupier has permission to live in a property, but this dwelling is not usually exclusive. A license covers situations where a housekeeper lives in a family home, or where a landlord provides services such as meals for the licensee. Licensees have fewer rights than tenants.
What are the legal obligations of landlords?
There are health and safety rules, such as the provision of a gas safety certificate, and landlords must observe proper eviction procedures. Landlords have to inform tenants when and how the rent should be paid. If rent is paid weekly, private landlords have to provide a rent book. Landlords are usually responsible for repairs to the exterior of property. It is advisable for a landlord to protect the deposit of a tenant, to avoid possible court action later.
How do I draft a tenancy agreement?
A landlord agreement should be drafted by a qualified property solicitor, to protect the interests of the landlord, and so that the agreement may be lawful. A tenant may obtain legal advice to check the landlord agreement, in turn. Additionally, a solicitor will be familiar with the implied terms of the contract, which means they can inform their client about practise established by long usage regarding landlord agreements.
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- Last Updated on 28/03/2012