Most private renters have got a tenancy agreement. Some use a licence instead. The agreement of yours might be written or even verbal.
Various varieties of tenancy provide very different rights:
nearly all individuals that rent as a result of a private landlord who does not live with them is going to have an assured shorthold tenancy
in case you’ve been renting the home of yours before a particular day you might have an assured tenancy or even a controlled tenancy – these tenancies have tougher tenants’ rights
in case you live with the landlord of yours and share living accommodation together with your landlord, you are most likely a lodger and have fewer rights
The type of tenancy you’ve primarily depends on:
the day you moved in
who you live with
who your landlord is
the housing type you reside in
You are able to typically tell what kind of tenancy you’ve by taking a look at the agreement of yours.
Nevertheless, some landlords utilize the incorrect kind of written understanding so your tenancy sort might be different to what your agreement says.
Licence or tenancy?
Your renting understanding with your landlord is possibly a licence or a tenancy.
The primary distinction between a licence and a tenancy is the fact that a tenancy generally gives you much more protection from eviction.
You don’t have a tenancy or a licence only because the landlord says that is what you’ve. It all depends on the housing situation of yours.
For instance you might have a licence in case you reside in a hostel or if you’re a lodger.
When you sign a joint tenancy agreement form with a different group or person of individuals, you’ve exactly the same rights and responsibilities as one another.
You’re individually and jointly accountable for any:
rent arrears triggered by some of the joint tenants
damage brought on by any of the tenants or even the visitors of theirs
If one of you really wants to keep and also provides the landlord notice to stop the arrangement, it might end the understanding for everyone.
Fixed term and even periodic agreements
Some tenancy agreements are given for a fixed phrase, such as six weeks or maybe one year.
Some other agreements are periodic, meaning they come on week by month or week by month.
You will find rules that are different if you want to:
end a fixed phrase tenancy early
go out at the conclusion of a fixed term
end a periodic tenancy
It is generally less complicated for your landlord to question you to keep during a periodic understanding. They must still comply with the proper procedure to evict you.
When you do not have a written understanding, you still have legitimate rights. Some rules apply even in case they are not written down.
For instance, the guidelines your landlord should implement to evict you, or what repairs they have to do.
If the landlord accepts rent coming from you for residing within the property, a spoken agreement you’ve counts as a legal agreement.
Verbal agreements could be harder to enforce if there’s some dispute.
Ask the landlord of yours to place the agreement of yours in writing. Which will help both you and the landlord of yours to understand your responsibilities and rights.
A written agreement must set out the rights as well as duties of you and the landlord of yours.
Read the agreement thoroughly prior to you sign it. Question the landlord to explain something you are unsure of.
Specific obligations and rights use regardless of exactly what the agreement states, for example: a landlord’s duty for maintenance.
Check whether your agreement contains info such as:
the title of the tenant(s)
the address of the home (or room) you’re renting
the title as well as address of the landlord and also the letting agent if there’s one
exactly how a great deal of the rent is, when it’s thanks and just how it ought to be paid
if the rent includes costs including council tax, other charges or water rates
just how long the contract is for
when the landlord is able to increase the rent of yours
rules on ending the tenancy of yours
The agreement might also say who to get in touch with about repairs, the regulations on lodgers, passing and subletting on the tenancy of yours. The agreement might have rules about pets, smoking or guests.
The agreement of yours should state whether you’ve to spend a deposit, just what it covers and what circumstances suggest you do not have your deposit back.
Unfair phrases in tenancy agreements
Your tenancy agreement should not include any unfair terms.
An unfair phrase is a single which places the tenant at an unfair drawback.
For instance, an expression saying that:
the landlord is able to change the conditions of the agreement every time they like
you’ve to spend on any repairs which are the landlord’s responsibility
the landlord of yours is able to enter into your house every time they like, without providing notice (this might be harassment)
Unfair phrases inside a tenancy agreement aren’t legally binding on you. You will still have to stay within the majority of the agreement however.
Get guidance in case you believe your agreement includes unfair terms or maybe your landlord is keeping you to one thing you do not assume is good.