Tenancy Agreements
A tenancy agreement is a legally binding contract that sets out the terms and conditions of a tenancy between landlord and tenant. In most cases, the landlord is legally required to provide a written tenancy agreement. The most common exception to this is where a tenant lives in the landlord's home as a lodger - in this case, a verbal agreement is sufficient.
In most cases, private landlords are obliged to provide a formal tenancy agreement. The landlord must;
- draw up a written document setting out the terms of the tenancy;
- give a copy of the document to the tenant, properly executed between the tenant and landlord (for example, signed before a witness);
- not charge the tenant anything for the document.
A tenant who does not have a written document or who believes the written document does not fairly reflect the terms of his tenancy can apply to the Sheriff to have a written document drawn up or to have the existing one adjusted.
The specific subjects covered in the tenancy agreement is a matter for the landlord and tenant to agree upon. The agreement however, should at least cover the following;
- The length of the tenancy.
- The amount of the rent as well as the frequency and method of payment. Information should also be provided as to the method used to calculate any rent increases that may be imposed in the future.
- Who is responsible for internal decoration and internal and external maintenance.
- Any condition or restriction on the use of the property.
The tenancy agreement cannot however, take away certain minimum rights and responsibilities for both landlord and tenant.
The terms and conditions of the tenancy can be changed during the period of the tenancy if both parties agree. If there is no agreement, the matter should be referred to the Rent Assessment Committee who will make a determination. This decision will be recorded in writing and must be adhered to unless both parties agree to something different.
Follow the links in the 'Related Articles' panel for further information about specific types of tenancies.
The advisory content on this site is not a substitute for legal advice. The model tenancy agreement and statutory forms shown are for information purposes only. Landlords are encouraged to seek independent legal advice in relation to landlord and tenant matters and as to the form and content of tenancy agreements and statutory notices.
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