A Guide to Drafting a Tenancy Agreement
As a landlord, protecting your property investments is the top priority and a tenancy agreement is one of the most important documents to get right. A tenancy agreement is a contract between the tenants renting a property and their landlord, and both parties have rights and responsibilities given by law.
Drafting a fair tenancy agreement is essential to protect the rights of both landlords and their tenants, so read on to find out more.
What goes into a tenancy agreement?
Tenancy agreements can be written or verbal, but most people prefer a written contract for added security. The agreement can include express terms and implied terms, which we will discuss below.
A legally binding tenancy agreement should include the following in clear, unambiguous language:
●Names and contact details of both the landlord and tenants.
●The date the tenancy began and the date it will end (some agreements are open ended).
●The amount of rent to paid and when, and whether this includes extras like bills and council tax.
●How to end the tenancy, including the notice period required.
●The rights and responsibilities of the landlord and tenants, including repairs and services offered by the landlord.
●The deposit amount (if applicable) and how this will be protected.
Implied terms refer to those that are given by law and apply to all tenancy agreements. In most cases, these terms won’t be specifically laid out in the tenancy agreement but you can assume that they will be upheld. Common implied terms include:
●Your landlord must carry out basic repairs, e.g heating or plumbing repairs and repairs to the structure of the property.
●Tenants have the right to live peacefully without interference or harassment from their landlord.
●Tenants have an obligation to respect the property and not cause any undue damage.
If you’re a landlord looking for tenancy agreement advice in Kent, get in touch with the experts at Andrew Lee & Co. Our experienced property lawyers are on hand to offer all the help and advice you need to ensure your investments stay protected. We can help draft tenancy agreements for upcoming tenants and ensure all legal documents meet the appropriate legislation. For more information about any of our landlord services or to book an appointment, give us a call today or contact us via the website.
