Tenancy Agreements

Does a landlord have to provide a tenancy agreement?

A landlord does not legally have to provide a tenant with a written tenancy agreement, although most landlords do. If a tenant however, requests a written statement of terms, then a landlord has to provide that and this must include; when the tenancy started, how long the tenancy is for and what the rent is.

Verbal Agreements

A tenant without a written agreement, still has legal rights. If the landlord accepts rent from a person, in exchange for them living in the property, any verbal agreement they have, counts as a legal agreement, one which is regulated by the Landlord and Tenant Act 1985.

Verbal agreements can in some cases be much more difficult to enforce if any disputes arise and that's why it's in the best interests of both parties to have a written agreement. This will help to ensure that both the landlord and the tenant understand their rights and responsibilities.

Fixed-term tenancies for more than 3 years

Tenants under fixed-term tenancies lasting longer than three years, have an automatic legal entitlement to receive a written tenancy agreement.

Written Agreements

Written agreements essentially set out the rights and responsibilities that both the tenant and landlord have. Not every right may be included in the agreement and there are certain rights and obligations that will apply regardless of whether they are written in the agreement or not and one of them is a landlord's responsibility for repairing the property.

A written agreement must, as a bare minimum, include the following information:

the name of the tenant(s) the address of the property (or room) being rented
the name and address of the landlord and the letting agent, if there is one
how much the rent is, when it is due and how it should be paid
if the rent includes bills such as council tax, water rates or other charges
whether a deposit has to be paid, what it covers and in what circumstances would a tenant not receive their deposit back
how long the agreement is for when the landlord can increase the rent and rules on ending the tenancy

Other information that may be included in a written agreement is information on who to contact about repairs; rules on having lodgers, subletting and passing on the tenancy. Rules about pets; guests; smoking; what furniture and other fittings are provided.

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