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Tenancy Rights

7/7/2010

If you are going to enter into a tenancy agreement with a landlord there are a few things you need to know before signing any agreement. The Housing Act of 1988 assures that both the landlord and tenant are protected. This act states that a landlord has the right to get his property back when the tenancy agreement comes to an end. However, in order to protect the tenant the landlord must file a Section 21 notice on his tenant. There are subsections of this act so that the rules apply to both fixed term tenancy agreements and statutory periodic tenancy.

The fixed term tenancy part of the Housing Act of 1988 states that the landlord must deliver the Assured Shorthold Tenancy (AST) with at least two months notice in writing. That means the tenant receives it in time to find another place to let. It is important to note that the two month period begins once the tenant has received the AST so if it is going through the post a few extra days should be given to the tenant.

There is a section in the AST that lets the tenant stay in the flat or home for two months after the expiration of the lease. This stipulation can be used if the tenancy agreement has expired. An example of when this can be used is if the AST is delivered on the day that the tenancy expires.

If a Section 21 notice was given during the lease agreement term but both parties agree to renew the lease agreement a new Section 21 notice would have to be given. If this is not done then the tenant does not have to leave the premises.

It is not necessary to deliver the notice by post. It can also be given directly to the tenant in person. When sending the notice by post it is a good idea to have it sent by registered or recorded delivery service. This will give you the time that the notice was received which makes counting the two month period accurate. If you are delivering the notice in person it is a good idea to take a witness with you so that the date is again accurate.

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Tenancy - why a verbal tenancy agreement is not sufficient

3/30/2010

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A tenancy agreement is one of the most commonly used legal contracts available online. With many people renting across the globe, especially since economic downturn in 2008,why is a verbal tenancy agreement not sufficient?

A verbal tenancy agreement is not sufficient is because these types of agreements may not stand up in court. If something is spoken, it is difficult for it to be recorded so that it can be relied upon at a later date, should any dispute arise. In this situation, the most fair-minded and seemingly honest party may have more weight in a courtroom. Verbal agreements can easily become a “he says, she says,” situation. In such cases, the judge will only be able to go on the conduct of the parties throughout the tenancy and any evidence to support this, meaning that the result is not always the right one, because proof is limited.

Tenancy agreements are considered as legal binding documents or contracts that bind both the tenant(s) and landlord to certain requirements. When there is a tenancy agreement, the tenant has more rights, which includes the exclusive right to enjoy living in their described resident in exchange for money that is paid to the property owner.

Outlines are written in agreements, which include responsibilities and rights of both the tenant and landowner. Both parties must adhere to the contract during the agreement term.

Government laws are followed to pursue court cases that involved agreements. If there is a verbal agreement, it may be difficult to follow or enforce. If for some reason conflicts develop, the judge must hear evidence in order to decide whose version he will accept as true. If you have a written agreement however, the judge will base his decision on the terms that are written in the documents, despite if you agree or not.

Thus, promises or handshakes between landowners and tenants often do not stand up in court. Verbal contracts in comparison to lease or contracts have less weight. Therefore, tenants should always ask for a written contract or lease to protect his or her rights.
Lease

A lease is an agreement that usually contains rules and conditions like contracts. Lease agreements pull more weight in courts than contracts. A lease will cover common issues, such as security deposit, rent amount, and tells the judge if you are allowed to have pets, or how long you can live at the residence. The judge will consider all aspects of a lease as well as a written contract.

A lease will provide you with a rental, and legal contract that allows you to exclusive possession of someone else’s property for a set time in return for payments. Most leases cannot be broken easily by the landowner or the tenant unless some legal activities are occurring or a breach of lease occurs.

Contracts on the other hand are short-term agreements between the landowner and tenant. Most contract agreements are set up on a month-to-month basis, which the tenant could be at risk of eviction in the event the landowner decides that he or she does not like the person, or if the tenant is not adhering to the rights and responsibilities that are written in the document. Thus, a lease is a more powerful document, which should tell you exactly Tenancy- why a verbal tenancy agreement is not sufficient.

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Landlord Inventory of Furniture

Whether you are in a buy to let situation or just renting a furnished property you owe it to yourself to protect all assets. An assured shorthold tenancy will cover most aspects of the tenancy situation. For example it discusses the parties involved, time the letting begins and ends, the rent amount, clauses regarding rent and termination, as well as other addendums like pets. If you have furniture in the property you let you want to make sure one of the addenda discusses any damage or loss of that furniture. You also want to add in the Landlord Inventory of Furniture document.

A landlord inventory of furniture document outlines specifics regarding those furnishings. Some aspects you might need to record include:

·         The colour of the furnishings

·         Brand

·         Any damage already done to the furniture

·         How many pieces are there

·         Where the pieces are located

You need to be as detailed as possible regarding the furnishings. The inventory template offered here provides you with a room by room description of the furniture you are leaving behind. For example, the living room might list tables, couch, chair, and lamps. You may be further detailed in the brands of these items, their colour, and their condition. Once the inventory is complete you can have the tenant sign the addenda stating they have read the inventory list and agree. As part of the tenancy agreement you might have a section in the inventory and furnishings section outlining how the deposit can be split up in the event damage to the furniture results from tenant use.

The template offered on this site can be modified to fulfil your needs regarding inventory of furniture. Remember, the more detailed you are regarding the furnishings the better off you will be in a legal situation. If you fail to mention a piece of furniture or that a portion of the deposit can be kept due to damage or loss of furniture you might not have a legal stand. The inventory of furniture is not a legal document on its own, which is why it must be incorporated with the tenancy agreement.

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Tenancy Rights

Tenancy - why a verbal tenancy agreement is not sufficient

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