Private renting for tenants: tenancy agreements

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1. Overview

A tenancy agreement is a contract between you and a landlord.

It lets you live in a property as long as you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy. It can be written down or oral (a spoken agreement).

A tenancy can either be:

  • fixed-term (running for a set period of time)
  • periodic (running on a week-by-week or month-by-month basis)

Rights and responsibilities

Both you and your landlord have certain rights and responsibilities, whether or not you have a tenancy agreement.

2. Tenancy types

Assured shorthold tenancies (ASTs)

The most common form of tenancy is an AST. Most new tenancies are automatically this type.

A tenancy can be an AST if all of the following apply:

  • the property you rent is private
  • your tenancy started on or after 15 January 1989
  • the property is your main accommodation
  • your landlord does not live in the property

A tenancy cannot be an AST if:

  • it began or was agreed before 15 January 1989
  • the rent is more than £100,000 a year
  • the rent is less than £250 a year (less than £1,000 in London)
  • it바카라 사이트™s a business tenancy or tenancy of licensed premises
  • the property is a holiday let
  • your landlord is a local council

Other tenancies

There are other tenancies that are not as common as ASTs, including:

Excluded tenancies or licences

You may have an excluded tenancy or licence if you lodge with your landlord and share rooms with them, like a kitchen or bathroom. You바카라 사이트™ll usually have less protection from eviction with this type of agreement.

Assured tenancies

Tenancies starting between 15 January 1989 and 27 February 1997 may be assured. You바카라 사이트™ll have increased protection from eviction with this type of agreement.

Regulated tenancies

Tenancies starting before 15 January 1989 may be regulated. You바카라 사이트™ll have increased protection from eviction and can apply for a 바카라 사이트˜fair rent바카라 사이트™.

Shelter has information on the different and a so you can check which tenancy you have.

3. What should be in a tenancy agreement

A tenancy agreement should include:

  • the names of all people involved
  • the rental price and how it바카라 사이트™s paid
  • information on how and when the rent will be reviewed
  • the deposit amount and how it will be protected
  • details of when the deposit can be fully or partly withheld (for example to repair damage you바카라 사이트™ve caused)
  • the property address
  • the start and end date of the tenancy
  • any tenant or landlord obligations
  • an outline of bills you바카라 사이트™re responsible for

It can also include information on:

  • whether the tenancy can be ended early and how this can be done
  • who바카라 사이트™s responsible for minor repairs (other than those that the landlord is legally responsible for)
  • whether the property can be let to someone else (sublet) or have lodgers

The terms of the tenancy must be fair and comply with the law.

Preventing discrimination

Your tenancy agreement cannot have anything in it that may discriminate against you because of a 바카라 사이트˜protected characteristic바카라 사이트™, like disability.

If your tenancy agreement does discriminate against you, your landlord cannot refuse to change it unless they have a very strong reason.

Example

You might need a guide dog in the house but a term in the tenancy agreement says no pets are allowed. Your landlord must change the terms to allow guide dogs in the property, unless they have a very strong reason not to (if another tenant in the property has a serious allergy to dogs, for example).

Changes to tenancy agreements

Both you and your landlord must agree to any changes to the terms of the tenancy agreement.

Get advice on your tenancy agreement

Get legal advice before signing an agreement if you바카라 사이트™re unsure of any terms. Once you바카라 사이트™re happy with it, sign the agreement and get a copy of it.

Citizens Advice has a guide on .

4. How to end your tenancy

Tenancies

Your tenancy agreement should say how much notice you need to give your landlord before you leave the property.

You바카라 사이트™re responsible for paying rent for your entire fixed-term tenancy. You can move out early without paying rent for the full tenancy if:

  • there is a break clause in your tenancy agreement
  • your landlord agrees to end the tenancy early

Shelter has information about .

Licence agreements

If your licence automatically runs out after a specific date and you want to end the agreement, you should let your landlord know this before your licence runs out.

5. If your landlord wants to end your tenancy

If your landlord wants you to leave, they must give you notice in a particular way.

Your landlord may need to have given you specific documents for your notice to be valid. This depends on the type of tenancy agreement and its terms. For example, they may be required to give you a gas safety certificate, an energy certificate and a copy of the How to rent guide.

Assured shorthold tenancies (ASTs)

Your landlord can take back their property without giving any reason if you have either:

  • periodic tenancy (sometimes called a 바카라 사이트˜rolling tenancy바카라 사이트™)
  • a fixed-term tenancy that has ended

This is called a Section 21 notice.

To do this, all of the following must apply:

  • they바카라 사이트™ve protected your deposit in a deposit protection scheme, if the tenancy began or was renewed on or after 6 April 2007
  • they바카라 사이트™ve given you at least 2 months written notice that they want the property back (바카라 사이트˜notice to quit바카라 사이트™)
  • the date you must leave is at least 6 months after your original tenancy began (the date you moved in)

Your landlord must serve you notice using the correct form. Shelter has information on .

If your tenancy started or was renewed after 1 October 2015

Your landlord cannot evict you if they바카라 사이트™ve been served notice by the council because of a complaint you made to the council about the living conditions in the property.

Your landlord must also have given you:

If you바카라 사이트™ve been asked to leave during the fixed term

Your landlord can only ask you to leave during the fixed term if they have certain reasons (바카라 사이트˜grounds바카라 사이트™). For example, if:

  • you바카라 사이트™re behind with your rent payments (바카라 사이트˜in arrears바카라 사이트™)
  • you바카라 사이트™ve used the property for illegal purposes, like selling drugs
  • you바카라 사이트™ve damaged the property

This is called a Section 8 notice.

The notice period your landlord gives you will depend on the reason (바카라 사이트˜ground바카라 사이트™). Read Annex A of the guidance for private tenants to find out more about notice periods.

Assured tenancies

Your landlord will need to use one of the reasons or 바카라 사이트˜grounds바카라 사이트™ for possession in the .

Excluded tenancies or licences

You바카라 사이트™ll often have an excluded tenancy or licence if you live with your landlord as a lodger and share rooms with them.

Your landlord only needs to give 바카라 사이트˜reasonable notice바카라 사이트™ to quit. Usually this means the length of the rental payment period 바카라 사이트“ so if you pay rent monthly, you바카라 사이트™ll get one month바카라 사이트™s notice.

The notice does not have to be in writing.

Non-excluded tenancy or licence

Your landlord can end the let at any time by serving a written 바카라 사이트˜notice to quit바카라 사이트™. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.

Break clauses

If there바카라 사이트™s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord does not have a guaranteed right to possession during the first 6 months of the tenancy.

If you do not leave the property

Your landlord cannot remove you by force. If the notice period expires and you do not leave the property, your landlord may start the process of eviction through the courts.

If you have an excluded tenancy or licence you can be evicted without a court order.