The tenancy agreement that’s most common is the Assured Shorthold Tenancy. You can rent out your property using this tenancy if you are a private landlord and you don’t live in the property.
The accommodation needs to be your tenants main place of residence. Also, the agreement must have started on or after the 15th
January 1989.The Tenancy Agreement
The agreement should have the following information:
- Name of the landlord and tenant or tenants
- The price of the property rental
- The amount of the deposit
- The name of the protection scheme where the deposit is to be held
- The dates of any rental reviews
- Details of situations when a deposit can be withheld by the landlord
- The address of the rented property
- The dates the tenancy begins and ends
- A break clause if applicable
- List of bills apart from the rent that are the responsibility of the tenant.
The agreement should also include the responsibilities of both landlord and tenant. This could include things like minor repairs and whether your tenant can sub-let.
Once the agreement has been signed the tenancy agreement cannot be changed without the agreement of your tenant(s). Landlords can’t discriminate against tenants because of their:
- sexual orientation
Or, if the are transgendered or pregnant.Ending an Assured Tenancy
There are circumstances where a landlord can give tenants notice to quit before the tenancy ends. There doesn’t have to be a reason. But, to do this you must give your tenants at least 2 months written notice with the date you want them to leave. This date must be at least 6 months after the original tenancy began. As well as a written notice, the tenants deposit must be in an official deposit scheme.Tenants who won’t Leave
If your tenants don’t leave your premises after a notice to quit, you can’t force them out. You must then deal with the matter through the courts and apply for a notice of eviction.
This means you must serve the tenants with a court notice or a warrant of possession, depending on the circumstances.Tenant’s Moving Away Early
Your tenants can also choose to move out of the property before the tenancy ends. This can happen if you agree or there is a break clause in the tenancy agreement.
The break clause allows you or your tenants to end the tenancy agreement early. But only after a certain amount of time has passed. For example, a year long contract can be terminated after 6 months.A Deceased Tenant
If your tenant passes away during the period of the tenancy agreement, you can’t just take back the property. The tenancy will be automatically transferred to the Public Trustee. This is if the tenant dies without a will, or with a will but without an executor.
To reclaim your property, you must apply to the Public Trustee. You must register a notice and send a written notice to the tenants last known address. This procedure will cost just under £50.
The Public Trustee will then contact you. It is normally within a couple of weeks of the notice and registration being received.
If the tenant has left a will then the landlord must serve a Section 8 notice to the representatives of the deceased to end the tenancy.