Choosing a tenancy agreement - by solicitor Tessa Shepperson
20th October 2009
Many landlords new to letting, for example new 'buy to let' landlords and 'accidental' landlords are unfamiliar with the paperwork needed for letting property. With the ever increase of regulation in the letting industry, it is important to have the correct paperwork in place, at the right time and in the right form.
One of the most important documents is the tenancy agreement. However many landlords do not bother too much about it, considering it to be a disagreeable necessity, something filled with legal 'mumbo jumbo', and just try to get the shortest and/or cheapest one they can find.
This is a mistake. A tenancy agreement sets out the rights and obligations between you and your tenants, and needs to be clear and unequivocal. You also need to use the correct agreement for the type of tenancy concerned.
Most tenancies nowadays will be an assured shorthold tenancy (AST). However if:
- the rent is over �25K
- the tenant is living in self contained premises in the same building as the landlord, or
- the tenant is a limited company
the tenancy cannot be an AST (which are regulated by the Housing Act 1988), and will governed by the underlying 'common law'. You need to use a slightly different form of tenancy agreement which makes this clear. Otherwise mistakes could be made in error, for example by your legal advisor, if he is not made aware of the type of tenancy concerned. This could result in a claim for possession (for example) being thrown out by the court.
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