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Monday, January 05, 2009

Which tenancy agreement?


From time to time I get questions from landlords about which tenancy agreement to use.


Property Hawk tenancy agreement

For instance some landlords are renting out a number of separate bedrooms in a shared house with the tenants each having access to shared facilities such as bathroom and kitchens.

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Most frequently landlords will let out an entire flat or house and therefore the tenancy agreement needs to allow the tenant to occupy the entire rental property as part of the tenancy.

Property Hawk's free tenancy agreement has been written in such as way as to allow a landlord to use our standard tenancy agreement to be used for both purposes. Where a landlord lets to a tenant in a shared rental property such as for instance in a student let then they may let the house under a single tenancy where all tenant's are jointly and severally liable to pay the rent. A landlord in this case just needs to make sure that all the tenant's names are included on the tenancy agreement. Equally, a landlord may rent each room separately. In this case the landlord just needs to ensure that they specify the room that the tenant is renting in the tenancy agreement.

Where Property Hawk tenancy agreement is not suitable

The tenancy agreement is only suitable for use in England and Wales. Landlords renting property in Scotland and NI with have to use another type of tenancy agreement.

Equally if the annual rent from the tenancy is above £25,000 per annum then a landlord will need a specialized so called corporate tenancy agreement as the tenancy is excluded from the assured shorthold tenancy bought about by the relevant Housing Acts.


More info on tenancy agreements


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2 comments:

Unknown said...

How about holiday periods before students move in but where they may pay half rent, for example, which will entitle them to store stuff at the property but not live there. How could that work with the agreement?

Thanks.

The Editor said...

Hi you will need a separate agreement entitling them to store but not live in the property. What you are proposing is not a tenancy because it does not give the tenant full rights of occupation. Have a look at Bee in the Bonnets latest posting on whether it is a good idea to have half rent periods during the tenancy.