is a Tenancy Agreement
tenancy agreement is a legally binding contract between
a landlord and tenant that sets out both the legal and contractual
responsibilities and obligations of the two parties. It
should be written in plain and intelligible language (no
unnecessary jargon!) and its terms and clauses should be
fair and balanced, taking account of the respective positions
of the parties and should not mislead about legal rights
and responsibilities. Landlord and tenant should take care
to individually negotiate any particular terms or conditions
that are important to them or especially relevant to the
particular let or property. It is usual for landlords to
sign the Tenancy Agreement themselves, however, Stephenson
Residential Lettings Ltd reserves the right to sign Tenancy
Agreements and other relevant documents on behalf of the
Landlord unless otherwise stipulated. It is important therefore
that we are given clear instructions regarding the length
of time the property will be available for letting.
will take one of two forms being either an Assured Tenancy
or, more commonly, an Assured Shorthold Tenancy. Recent
legislation under the 1988 Housing Act (amended 1996) has
determined that unless specifically shown in a written agreement
any new tenancy created will be deemed an “Assured
Shorthold Tenancy” (an AST). This type of tenancy
offers the most flexibility to both landlord and tenant;
has straightforward notice procedures for bringing the tenancy
to an end and a special Accelerated Possession court procedure
should tenants fail to vacate. Whilst the Agreement may
stipulate that one month's Notice is required from the Tenant
to terminate at 6 months, the Law entitles the tenant to
ignore this and merely hand in the keys to the property
at the end of the first 6 months.
the 6 months has elapsed, our Agreement is so worded as
to permit the automatic continuation thereof on a month-to-month
basis. The tenant may terminate the tenancy at the end of
or any time beyond the first 6 months by 1 months previous
Notice in writing. The timing of the service of a Notice
has been the subject of litigation and needs to be supervised
very carefully in order to conform as a valid Notice. -
Happens If The Tenant Doesn’t Move Out After The End
Of A Tenancy?
a tenant does not move out after tenancy has been lawfully
terminated then the landlord can apply to the Courts for
a possession order. Under the Accelerated Possession Procedure
(which can be used where the tenancy was an AST) the process
is usually fairly quick and inexpensive.
if the Tenant Breaches the Tenancy Agreement?
inspections of the property will be undertaken and where
appropriate a report will be submitted. Should the tenant
be in breach of the terms of the Tenancy Agreement or fall
behind with rental payments you will be informed accordingly.
If it becomes necessary to take legal proceedings against
the tenant or any other party we can give help and guidance
but you will be responsible for instructing a Solicitor
and be liable for all fees and disbursements arising.
is an Inventory?
is an absolutely essential document that provides a written
benchmark detailing the fixtures and fittings and describes
their condition and that of the property generally. We will
always undertake to provide a full inventory of contents
together with a schedule of condition and example photographs
(where possible). This will be attached to and form part
of the Tenancy Agreement. The Inventory is checked by us
upon the tenant’s checkout and before the return of
the security bond/deposit. Shortfalls in condition or damages
will be assessed and suitable compensation agreed although
it must be understood that 'fair wear and tear' provisions
apply to all tenancies. Compensation will be deducted from
the bond. - top
you take a Bond/Deposit?
all cases, Stephenson Property Management Ltd will secure
a bond from an ingoing tenant prior to the taking of possession.
The Bond will comprise of a sum which is in excess of on
months rent. Stephenson Property Management Ltd will
act as stakeholders in the matter and the monies taken will
be kept in a dedicated ‘clients accounts’. No
interest will be paid to either party.
from 6th April 2007 the Government introduced amendments
to the Housing Bill which means that, neither landlords
nor agents will be able to hold on to the deposit during
a tenancy unless they are part of an approved scheme.
legislation requires tenancy deposits to be safeguarded
explicitly by schemes which also provide for the resolution
of any disputes over their return. The Government awarded
contracts to three companies to run its tenancy deposit
schemes on 22 November 2006. The three schemes are: The
Deposit Protection Services (The DPS) which is a custodial
deposit protection scheme. Tenancy Deposit Solutions Ltd
(TDSL) which is an insurance based tenancy deposit protection
scheme and The Tenancy Deposit Scheme (TDS) which is also
an insurance backed deposit protection and dispute resolution
protect your interests we have therefore joined the Tenancy
Deposit Scheme (TDS). It is supported by the Association
of Residential Letting Agents and the Royal Institution
of Chartered Surveyors.
Scheme will allow us to continue to hold deposits on your
property. If there are disputes over how they should be
allocated which we cannot settle, they will be referred
to the Independent Complaints Examiner. He will adjudicate
within 10 working days of receiving all the necessary papers.-
about Landlords Protection?
will obtain a detailed Tenant Assessment prior to the start
of the Tenancy which includes employers’ reference,
previous landlord’s reference plus a comprehensive
credit check. We are authorised introducers to Homelet who
are a specialist provider of Landlords insurance and rent
guarantee products which are available at a competitive
premium. If you would like further details on this, please
do not hesitate to ask.
NB: This booklet is intended as a brief and general guide
only and is not intended to serve as a full assessment of
the rights and obligations of a Landlord of residential
property. The law relating to Landlord & Tenant is extensive
and particularly complicated. Professional advice is, therefore,
considered an essential in protecting the Landlords interests.
If you have any questions, please do not hesitate to contact
YOU HAVE ANY OTHER QUESTIONS PLEASE DO NOT HESITATE TO CONTACT