Once you’ve chosen a tenant and carried out all the checks you will need to give them a Tenancy Agreement before they move into your property. This is a legal contract between you and your tenant.
A Tenancy Agreement explains the terms of the contract and offers both you and your tenant protection. You shouldn’t hand over the keys to a property until both you and your tenants have signed a Tenancy Agreement.
Where do I get a Tenancy Agreement?
If you are using a letting agent to manage your property they should provide you with a Tenancy Agreement.
If you are managing your own property and register with the Private Rented Service Newcastle we can provide a draft Tenancy Agreement or, if you are an experienced landlord, you may already have a Tenancy Agreement for another property that you can adapt.
You can also buy tenancy agreements online and in some bookshops. You should make sure that you buy the right type of tenancy agreement and it is valid in England. You should read the documents carefully before starting the tenancy to make sure you understand yours and your tenants rights and obligations under the agreement.
Many professional bodies, such as the National Landlord Association, offer free tenancy documents, including tenancy agreement to its members.
What do I need to include in a Tenancy Agreement?
What you put in your Tenancy Agreement will depend on the terms and conditions of the tenancy. A Professional Tenancy Agreement should include:
- Name, address and alternative contact details for you and your tenant
- The address of the property
- The date the tenancy will start and end
- Details about the type of tenancy
- Details of the rent including when and how it should be paid
- How much deposit has been paid
- How you have protected the deposit
- Any special clauses (these must be reasonable)
- Your responsibilities for maintaining the property
- Your tenants responsibilities for maintaining the property and notifying you in the event of a repair or breakage
- Your tenants notice period
- Your notice period
- Signatures agreeing to the terms
- The date the agreement was signed
What type of tenancy should I offer?
The most common type of tenancy that private landlords offer is an Assured Shorthold Tenancy. This type of tenancy allows you to let your property for a short time and get it back, if you want to, after six months.
In some situations you might want to consider a different type of tenancy. For example, if you will also be living in the property you may want to think about a Fixed Term Tenancy which usually last either 6 or 12 months.
There are other types of tenancies but you should take specialist advice if you are thinking about these