Free Tenancy Agreement
Posted: Friday, September 02, 2005
by Jenny
buy to let
Are you looking to download a FREE tenancy agreement? Finding a free tenancy agreement that you can download is fairly easy. But what you need to check is exactly what level of protection it would provide you and your tenants with. It is also worth considering what level of value there is in a product that is being readily available without a cost? Besides, this legally binding document is to help you protect your investment property so is it worth spending a little bit more to ensure that you get a fully comprehensive solicitor prepared assured shorthold tenancy agreement to give you maximum protection?
If you are busy and don’t always have time to get out to the solicitors or stationers then it is still possible to buy an on-line Tenancy Agreement that is prepared by a qualified solicitor. As a landlord and also as a tenant it is important that there is a comprehensive tenancy agreement in place to protect both parties. Don’t be tempted with purchasing off the shelf do it yourself tenancy agreements. Some may be Free, but they do not necessarily give you the level of protection you need. It really is worth investing in a fully comprehensive solicitor prepared assured shorthold tenancy agreement .
Tenancy agreements
Tenancy agreements are a legally binding document which protects both a landlord and the tenant when renting out property.
Amount of Rent
A landlord will determine the level of rent based on market conditions and level of rent expected on the type of property in question.
New landlord renting for the first time
If you are a new landlord renting your property for the first time it is essential that you purchase a comprehensive tenancy agreement. Never, believe that trust is enough. This is a business relationship to help protect your investment property.
Damage deposits
It is important for landlords to take a damage deposit from the tenants. The amount set is determined by the landlord. However, it is a worthwhile investment to purchase a landlord inventory now as this will detail the condition of the property and contents prior to the tenants moving in which can be signed by all parties. When the tenants vacate this landlord inventory can be used to determine whether any of the deposit needs to be retained for repair/maintenance work created by the tenants.
Evicting tenants
It is never an incident that a landlord wants to exercise but on occasions it is necessary to evict tenants. There are certain procedures that a landlord must take to do this. In the first instance it is worth consulting a solicitor to find out how to execute this.
Rent Arrears may need to get a county court judgement
Many landlords will collect rent via direct debit from their tenants own bank accounts. It is important that tenants pay the rent on time and the full amount so as to avoid getting into rent arrears. If this does happen the landlord may have to apply for a county court judgement to resolve the rent arrear issues.
Before you evict you need to know which notice to serve
As a landlord needing to evict tenants it is important to know which eviction notice to serve. There are a number of good information sources available to find this information, but it is always worth contacting a solicitor to ensure that it is done in the correct legal manner.
Each party has certain obligations that they must meet. These can include:
The Landlord
- Adhering to Safety Requirements
- Collecting Rent
- Attending to repairs on the property
- Enabling the tenants to live peacefully in the property you have provided
- Not harassing the tenants. This can include visiting the property without prior notice, builders/tradesman arriving at the property without prior notice and generally leaving the property in a poor condition for the tenants.
The Tenant
- Paying Rent on time
- Ensuring that bills are paid and on time
- Contacting the Landlord notifying of any repairs needed
- Issuing the Landlord with the correct period of notice before they leave
When both parties have signed the tenancy agreement it is very rare that it can be changed unless the tenant and the landlord agree mutually. For example if a tenant has signed an Assured Shorthold Tenancy Agreement for a minimum period of six months and the tenant wanted to leave after just three months, then they may be liable to pay the remaining three months unless a break clause is written into the original tenancy agreement signed.
As a tenant there are certain steps that they need to take to terminate their tenancy agreement. Under normal circumstances they would give the landlord notice that they are leaving. Even if this is not written into the tenancy agreement, it is common courtesy to let the landlord know so that the landlord can begin necessary preparations to source new tenants when they vacate.
Different Types of Tenancy
If a tenant pays rent to a private landlord and live in a flat or house that is not shared with the landlord, the tenants are likely to have:
- an assured shorthold tenancy
- an assured tenancy, or
- a regulated tenancy
This applies even if the tenants have a room in a house that is shared with other people. The type of tenancy also depends on the date the tenants moved in.
Assured shorthold tenants
If tenants moved in after
An assured shorthold tenancy agreement gives the landlord a guaranteed right to repossess the property at the end of the term. This is the most common tenancy agreement used for most residential tenancies.
Assured tenants
If tenants move in after 15 January 1989 but before 28 February 1997 and the landlord didn’t give notice stating that the tenancy agreement was to be an assured shorthold tenancy agreement, then it is likely that the tenants may have an Assured Tenancy. Although the landlord may have given the tenants a notice stating that the tenancy agreements is an assured tenancy rather than assured shorthold tenancy.
You may also be an assured tenant if you became the tenant because the tenancy was passed to you after a regulated tenant died.
Regulated tenants
If the tenants moved in before
Good article, very clear BUT you say
Does this artical, especially the paragraph relating to Asssured Shorthold Tenancies, apply to N.Ireland ? Is this a N.Ireland based website ? Thankyou Michael
I thought it said free tenancy agreement....well it is not what it says on the tin!!
good advice - but not what it says on the tin sums it up - free agreement?
this wasn't a helpful article for me. good info, but where is the ''FREE Agreement''??
FREE ????
This may be an odd question, but what does "When both parties have signed the tenancy agreement..." mean, if ONE party (the ladlord) NEVER signed it?!
Advertised as a tenancy agreement bit like advertising a free car and getting a DVD of top gear!