Tenancy Agreement

A Tenancy Agreement is a legally binding agreement between a Landlord and Tenant that sets out both the legal, contractual responsibilities and obligations of the two parties.  It should be written in plain and intelligible British language. Its terms and clauses should be fair and balanced, considering the respective positions of the parties. Should not mislead about legal rights and responsibilities.

Landlords and Tenants should take care to individually negotiate any terms or conditions that are important to them, relevant to the let or the property.

The most common form of Tenancy Agreement used is an “Assured Shorthold” (AST) under the 1988 Housing Act, amended 1996.  This type of tenancy offers the most flexibility to both landlord and tenant; with straightforward notice procedures to bring the Tenancy to an end and an Accelerated Possession court procedure should tenants fail to vacate the property.

If certain specific conditions are met relating to the proposed letting, a “contractual” non-housing act tenancy is created. An example of this would be what is referred to if the annual rent equates to over £25,000 or a Company Let where the tenant is a bona fide registered company. It is rarely known for a prospective tenant to be offered a full “Assured” Tenancy that gives significant and potential long-term security of tenure to a Tenant and a Landlord can only gain possession in very limited circumstances.

BNR Lettings and Sales hopes the Renting Private Landlords Advice Information has been informative and is used as guidance for your letting purposes.

For any further information please do not hesitate to contact us.