Shorthold Tenancy Agreements

A shorthold tenancy agreement is a contract between a landlord and their tenant that relates to the property being let to the tenant. A tenancy agreement can be both written and oral. Putting in place a written tenancy agreement helps in establishing certain rights to the tenant and the landlord. For example the landlord has the right to ask for rent in return for letting the property or the tenant occupying the property in return for the rent. If matters such as the amount of rent payable under the shorthold tenancy are set out in writing then there can be no ambiguity or disagreement at a later date.

As long as there are no conflicts with the law, a tenant and a landlord can make any type of arrangements regarding the tenancy and all these arrangements will be regarded as a part of the tenancy. Both the tenant and the landlord are provided with responsibilities and rights by the law. A tenant and a landlord can always get a lot more than their statutory rights but they can never be given anything less than their statutory rights in any type of tenancy agreement. A term in the shorthold tenancy agreement which contains giving of statutory rights less than what a tenant or a landlord deserves cannot be enforced.

Any tenancy agreement including the shorthold tenancy agreement will include certain provisions. Express terms are those terms written in the tenancy agreement. Implied terms include the various rights given by legislation.

Express Terms in Shorthold Tenancy Agreements

Most tenants do not have rights to a ‘written tenancy agreement’ in Wales and England. But many public sector authorities such as the housing associates and local authorities must provide written tenancy agreements to the tenants. The tenancy agreements should be written in a format which the tenant can easily read and use. For example a person who is visually impaired should be given a tenancy agreement written in substantially larger writing than a standard shorthold tenancy agreement.

A landlord letting in England is required to provide the tenant with a written shorthold tenancy agreement in almost all cases. There are many places to get a shorthold tenancy agreement. Various housing sections consisting of advisors supply samples of tenancy agreements. Also many estate agents and solicitors supply sample agreements. So why would you want to pay for a tenancy agreement. Well, free tenancy agreements can be out of date and the providers certainly won’t contact you to advise of any legislative changes that affect your tenancy agreement. Here at shortholdtenancyagreements.co.uk we do just that. If the law changes in any way that requires a change to our tenancy agreement we will email you and invite you to download a revised version without charge.

If a tenant has a written tenancy agreement, then the agreement in consideration should clearly indicate the type of tenancy a tenant has.

A written shorthold tenancy agreement has to be signed by both the parties i.e. the tenant and the landlord. If there are joint tenants, then each of the joint tenants has to be given a copy of the tenancy agreement.

The landlord is required by law to give the tenant his address and name, regardless of the fact that the tenant has a written tenancy agreement or not.

It is very essential that a written tenancy agreement includes the following details:

• Name of the tenant and the landlord.
• The present address of the property which is being let to the tenant.
• The date the tenancy had started.
• Details which specify if anyone except the tenant will be allowed to use the property, and if so, then which rooms and which portions of the property will be used.
• The complete duration of the tenancy agreement stating the date when the tenancy ends.
• Information regarding the rent as to how much rent should be paid, how often the rent can be paid and also how and when the rent can be increased by the landlord. If there are any fees included such as fuel or council tax, then these should also be included in the agreement.
• Information regarding service provided by the landlord if any. This includes service like provision of meals, laundry, and maintenance of common parts of the property. The landlord should also specify if the services are free of cost or if a fee is being charged.
• A notice has to be provided if the tenant and the landlord need a tenancy to end. Both the landlord and the tenant should keep in mind that there are certain fixed rules regarding how much notice should be given if an agreement has to be ended.

Implied Terms in Shorthold Tenancy Agreements

There are certain obligations stated by the law and which have to be implied to all shorthold tenancy agreements. These may or may not have been included in the tenancy agreement between a tenant and a landlord. All these terms and conditions are a part of the agreement although they might not have been discussed between the landlord and the tenant.

The most commonly used implied terms are:

Basic repairs should be carried out by the landlord.

The landlord should keep the following installations in good and proper working order:

• the supply of water,
• the supply of gas,
• the supply of electricity,
• sanitation,
• Heating of water and space heating.

The landlord should not create any nuisance in or around the property as the tenant‘s have full rights to live peacefully in the accommodation provided to them.

It is very important that the landlord should not treat the tenant unfairly on the basis of religion, caste, disability, sex, race or sexuality. Certain exceptions are permitted, say, if the tenant is living in the same accommodation as that of the landlord. The tenant has an obligation to take good and proper care of the property.

Oral Shorthold Tenancy Agreements

A shorthold tenancy agreement is possible even when there is just an oral agreement between a landlord and a tenant. An example of this is when the tenant and the landlord have agreed to the following terms at the beginning of the tenancy:

• How much rent is required to be paid?
• When the rent should be paid?
• Whether the rent includes the water bills or the fuel bills.
• Whether the landlord can decide who else is allowed to live in the accommodation.

It is often not possible to enforce an oral agreement as these do not have any evidence regarding the terms of the agreement which have been agreed upon. The tenant should always consult experienced advisors if they are planning to try and enforce an oral agreement with your landlord or vice versa.