A Tenancy Agreement is a contract that sets out the terms of a residential tenancy, outlining the rights and responsibilities of both the landlord and the tenant(s). This agreement can be customized to suit your specific rental situation, whether it’s a fixed-term lease or a rolling tenancy (also known as a periodic or month-to-month tenancy). It can be used for various rental situations, such as renting out a house, flat, shared accommodation, or even just a room.
Depending on where you live, a Tenancy Agreement may be referred to by different names, such as:
Our template can be tailored for use in England, Wales, Scotland, and Northern Ireland. If you create a tenancy agreement for a property in England or Wales, it will generally be an Assured Shorthold Tenancy (AST). For business properties, however, you should use a Commercial Tenancy Agreement instead.
Although not always legally required, having a Tenancy Agreement is highly beneficial for several reasons:
Clarity and Dispute Prevention: A Tenancy Agreement clearly outlines the obligations of both parties. For example, if there’s an issue like a repair, you can refer to the agreement to resolve it without conflict by determining who is responsible.
Proof of Agreement: Once signed, the agreement serves as evidence that both the landlord and the tenant have agreed to the terms and conditions, legally binding both parties.
Legal Protection: A properly executed Tenancy Agreement protects both landlords and tenants. Should any legal disputes arise, a written lease can serve as crucial evidence to support your case.
Anyone renting or leasing residential property to or from another party should have a Tenancy Agreement. This includes:
A standard Tenancy Agreement generally covers:
Additionally, it can specify whether tenants have access to amenities like parking, outline rules regarding smoking, pets, and maintenance, and address landlord responsibilities like rent increases, property inspections, and tenancy termination.
Our Tenancy Agreement template also allows for extra clauses, such as:
Yes, for someone to be legally considered a tenant and responsible for paying rent, they must sign the Tenancy Agreement. If multiple tenants are involved, all their names and signatures must be included in the contract. Adults living on the property who are not on the agreement are considered occupants, not tenants. Any minors living on the property are also considered occupants.
Yes, after signing a Tenancy Agreement, changes can be made through a Lease Addendum. This document allows the landlord and tenant to modify the original agreement without creating a new one.
To break a fixed-term tenancy, the first step is usually to discuss the situation with the other party. If both sides agree, the lease can be terminated with a Termination Agreement. If an early termination isn’t possible, subletting or assigning the lease might be an option.
Subletting: The tenant can rent out the property to someone else by signing a Sublet Agreement with the landlord and the new tenant. The original tenant remains responsible for the original lease terms.
Assigning: This means transferring the lease to a new tenant. Unlike subletting, assigning completely transfers the original tenant’s rights and responsibilities to the new tenant. This requires a Tenancy Assignment Agreement to outline the transfer.