Tuesday, May 28, 2013

5 Reasons for a written tenancy agreement

Many landlords don't realise it is perfectly possible to have a legally binding tenancy agreement that is created verbally between the landlord and tenant.  There is no legal requirement for the tenancy to be in writing at all.  However, we would never advise a landlord to rely on a just a verbal agreement.  Here are five reasons why a landlord should ensure that they have a tenancy agreement in writing before letting their buy-to-let property out:

1. It is actually a criminal offence not to provide your tenant with a written summary of the key terms of the tenancy within 6 months of the start of the tenancy or within 28 days of a request by the tenant for the info.  Given this a landlord may as well go the 'whole hog' and provide a full written tenancy agreement.
2. The advantage of a written tenancy agreement is that if the tenant disputes an aspect of the agreement at a later date the terms are clearly stated in the written agreement.
3. To use one of the statutory tenancy deposit schemes you will need to provide a written tenancy agreement.
4. The accelerated possession procedure is only available to landlords with a wrtitten tenancy agreement.
5. Banks and benefit offices often require a copy of the written tenancy agreement as do utility companies where a dispute arises between the landlord and tenant over when the the property was vacated.

Property Hawk strongly advises landlords to ensure they have a properly worded tenancy agreement from the outset.  Free tenancy agreements are available to download from the website.

Is it possible to sign a tenancy agreement digitally?

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