Property In touch with letting
With many prospective homebuyers choosing lettings as their first step to independence, it is important that the basics are understood to ensure all parties understand the process and their rights. Here, Paula Booth, business development manager for Touchstone Residential, highlights the fundamentals of a tenancy agreement.
What is a tenancy agreement?
A tenancy agreement is a legally binding contract between a landlord and tenant that sets out the legal and contractual responsibilities and obligations of both parties.
What type of tenancy agreement is generally used?
The most common form of tenancy agreement is an Assured Shorthold Tenancy (AST) under the Housing Act 1988 (amended 1996).
Will the tenancy agreement be difficult to understand?
The assured shorthold tenancy agreement (AST) should be written in a manner that is easy to understand, with its terms and clauses fairly balanced, taking into
account the respective positions of the parties. A draft tenancy agreement should be sent out to both parties allowing time for the document to be read.
Anything within the agreement that is not understood should be clarified before signing of the document takes place.
Do I have to supply my name and address as a landlord?
Section 47 of the Landlord and Tenant Act 1987 requires the landlord’s name and address to be contained in any demand for rent. If it is not, then the courts will deem that the rent is not legally demanded and therefore not legally due.
Section 48 of the same Act requires
the landlord to supply an address in England and Wales for the service of notices.
What happens if either party (landlord or tenant) wants to end an existing tenancy early?
There are only limited ways in which this can happen. The landlord cannot make the tenants leave and the tenants cannot walk away from their obligations.
Either party can make a request to “surrender” the tenancy.
It would
then be up to the parties to agree the terms and conditions of the surrender.
Supplied by Paula Booth, Business Development Manager, Touchstone.
WEST MALLING T: 01732 874990
E:
westmalling@touchstoneresidential.co.uk
MAIDSTONE T: 01622 682225 E:
maidstone@touchstoneresidential.co.uk
RAINHAM
T: 01634 223400 E:
rainham@touchstoneresidential.co.uk
CANTERBURY T: 01227 457441
E:
canterbury@touchstoneresidential.co.uk www.touchstoneresidential.co.uk Mid Kent Living 33
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