A tenancy agreement is something every landlord should consider having in place. It sets out all the key information of the tenancy, such as when the rent’s due and who’s responsible for maintenance.
Download our free assured shorthold tenancy agreement template to make sure you’re covered and read on to find out what your tenancy agreement should include, why you need one, and how to make sure it complies with the law.
Choose to download your template now, or get it directly from Farillio’s site where you’ll also get access to their full suite of customisable legal templates.
This document has been produced by Farillio so we can’t take responsibility for its contents. We'd recommend you take professional advice before making any important decisions based on its contents.
A tenancy agreement is a contract between a landlord and their tenants, which sets out the legal terms and conditions of the tenancy.
Most tenancy agreements will automatically be assured shorthold tenancy agreements. They’ll likely be this type of tenancy agreement if:
A tenancy can’t be an assured shorthold tenancy agreement if:
Assured shorthold tenancies are the most common type of tenancy. However, there are a range of other tenancy types, including regulated tenancies, company lets, and non-assured tenancies.
Read our guide to the different types of tenancy agreements in the UK for an overview of all the different options.
Even if you don’t have a written contract with your tenant, a tenancy agreement will still be in place. Under s54(2) of the Law of Property Act 1925, a tenancy will exist as soon as a tenant starts paying rent.
However, having a written tenancy agreement allows you to make certain stipulations, such as how and when you’ll review rent or the circumstances under which you may withhold all or part of your tenant's deposit.
Without a written agreement you won’t even be able to prove how much rent the tenant owes you, and may find yourself caught out.
If you don’t have an assured shorthold tenancy agreement that you currently use for your properties, you can download the template provided by Farillio.
There are a number of things that you can include in a tenancy agreement. Our free assured shorthold tenancy agreement template covers:
There are other agreements and obligations you may want to consider, including things like:
If you want to add to or remove parts of the tenancy agreement, you should work with a legal professional to do this.
If you're considering making amendments to the assured shorthold tenancy agreement, you need to make sure that those changes comply with the law.
It’s illegal to discriminate against potential tenants on the grounds of:
If you have any concerns about what you can or can’t include in your assured shorthold tenancy agreement, you should talk to your solicitor.
But before you worry too much about what you do or don't want to include, take a look at our assured shorthold tenancy agreement example provided by Farillio, which you can download for free.
Meanwhile, our guide to DSS tenants explains more about discrimination and what you can’t include on rental property adverts.
Here are some things to consider when organising your tenancy agreement:
If you want to regain possession of your property, you’ll need to let your tenants know and give them a notice period. Notice periods must be set out in your tenancy agreement.
You could also receive an assured shorthold tenancy notice to quit by the tenant which means they want to leave the property.
Your assured shorthold tenancy agreement notice period must fit in with legal guidelines. Gov.uk’s guide to ending a tenancy gives you an overview of what you need to know.
You can also include an assured shorthold tenancy break clause in your agreement, but it’s best to get legal advice to make sure it’s compliant.
For properties in England and Wales you have a choice of three deposit schemes:
Tenants with assured shorthold tenancies can also use a deposit-free scheme.
This deposit alternative allows tenants to pay a small upfront fee (usually around one week’s rent) to take out an insurance policy.
The insurance covers any damage or loss to the landlord’s property, with renters responsible for any outstanding payments at the end of the tenancy.
The introduction of the Tenant Fees Act 2019 means that landlords and their letting agents can no longer charge tenants fees for things like inventories and referencing.
Read our article to understand which fees landlords can still charge their tenants.
Farillio created their documentation (including this free tenancy agreement) specifically with small business owners and the self-employed in mind. It helps you meet your legal responsibilities, providing solutions for your particular needs.
Our partnership with them lets us bring you quality, customisable legal documentation.
We create this content for general information purposes and it should not be taken as advice. Always take professional advice. Read our full disclaimer
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