There are a number of types of tenancy agreement which reflect the type of tenancy (a legal right to occupy property) that is being put in place. A tenancy agreement in general terms is an agreement between a landlord and their tenant that contains information relating to the tenants occupation of the property. The agreement will cover matters such as the length of the tenancy, the amount of rent that is payable for occupying the property and, the respective rights and obligations of the landlord and the tenant.

The Types of Tenancy Are As Follows:

1. Assured Short hold Tenancy – This type of tenancy is by far the most common type of tenancy agreement. The agreement gives the tenant a legal right to occupy the property for a specified period of time. In addition the landlord has a guaranteed right to be able to take back possession at the expiry of the tenancy.

2. Assured Tenancy - In this type of tenancy agreement the tenant has stronger rights than in most other types of tenancy. This is because there is legislation that sets out some of the minimum requirements that must be in this type of tenancy. Assured tenancies are often granted by Housing Associations.

 

3. Regulated Tenancy – This type of tenancy grants particularly strong rights to the tenant that make it very difficult for the landlord to evict the tenant unless the tenant breaks the terms of the tenancy agreement.

As well as understanding the types of tenancy agreement that exist it is also important to realise that a tenancy agreement can be both written and verbal. It is never a good idea to enter into a verbal tenancy as there will be no record of the agreed terms.
 

Tenancy agreements are a contract between the tenant and landlord. This contract will specify the exact terms and conditions of the rental. It is imperative on the part of the landlord and the tenant to sign one of the three types of tenancy agreements. Typically the agreement should be signed before the tenant takes control of the property. In this way the parties will have a binding contract explaining what is expected for rent, care, and other aspects typically discussed in a rental agreement.

The three types of tenancy agreements are used for different types of property. The assured short hold tenancy agreement is meant for residential properties, while the assured tenancy agreement is for properties owned by a housing association or trust. Typically in these types of agreements the tenant has more security. The last type of agreement is the regulated or protected tenancy. This tenancy applies to letting before 1989. If you are in the same rental as you were in 1989 you will have more security against certain issues with this agreement. Typically it is harder to evict the tenant or raise the rent with this regulated tenancy.

Each tenancy agreement outlines the rights and responsibilities both parties have when it comes to the property. The tenancy can be either oral or written. However, an oral tenancy agreement does not offer an ironclad agreement. In law when you have an oral agreement it is easier to fall back on hearsay in which the tenant or landlord could try to change the agreement due to lack of written proof.

Any time you have a property to let you should have a tenancy agreement which states the parties’ names of the tenant and landlord. It should also include the rental price, any deposit, the address, the dates of the agreement, and specific obligations both parties must adhere to.

Here are a few other pieces of information typically found in the tenancy agreements:

1. The party responsible for repairs.
2. The party responsible for maintenance.
3. If the tenant can sublet.
4. Pets, smoking, and other rules.
5. When the rent is due.
6. The types of payment accepted.
7. Charges that could occur such as late fees.
8. The party responsible for the utilities.
9. Lastly how the deposit is paid back to the tenant.

On number 9 there are usually steps that must be taken before a deposit will be returned. For example the carpet may need to be professionally cleaned, and any damages that occur as a result of the tenant miss using the property could lead to a forfeiture of deposit, etc.

The tenancy agreement should only be signed by both parties if all information is agreed upon. If the tenant has requests to add to the agreement they should be handed in as written form and accepted by the landlord.

Each type of tenancy agreement will have basic rights. Some of these rights will differ between the three types of tenancy agreements, such as how eviction will be handled. A failure to follow these agreements by either party can result in legal action by the other party.