Tenancy agreements - what are they?

Tenancy agreements are contracts between tenants and their landlords. Although in most cases it a written agreement, in law it may also be an oral one.
The principal importance of a tenancy agreement is that it spells out specific rights for both the tenant and landlord.
A landlord and tenant can also make specific arrangements that relate to the tenancy and these will be incorporated into the tenancy agreement assuming that they are legal; both the landlord and tenant are granted both legal rights and legal responsibilities, though additional rights and responsibilities may be agreed that add to the statutory rights. Any clauses in the tenancy agreement that reduces the statutory rights of either party are not legally enforceable.

Not everything needs to be included in the agreement.

The agreement should include anything that is specific to the specific tenancy, but there are also a number of implied conditions that do not need to be formally stated. For instance the landlord is obliged to undertake basic repairs, he must ensure that the supply of services, i.e. water, gas and electricity, are maintained and that the heating system operates satisfactorily. Also the landlord must not interfere with the peace of his tenants or discriminate against them or be a nuisance to them. On the part of the tenant, it is implied that he should take reasonable care of the accommodation and not damage it.

Although as stated tenancy agreements can be verbal, generally this is not advised. Although with a verbal agreement legal rights and responsibilities are enforceable, it is difficult to prove in court that any terms and conditions other than those were agreed to.

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