The Benefits Of A Written Tenancy Agreement

Photo of apartments in England with a written tenancy agreement protecting the landlords.
There are numerous benefits to having a written tenancy agreement in place with your tenants. Photo © Malcolm Neal (cc-by-sa/2.0)

How Does A Written Tenancy Agreement Protect A Landlord?

As a landlord, it’s important to have a written tenancy agreement in place when renting out your property. This is because a written tenancy agreement protects both you and your tenant, and sets out the terms of the tenancy.

Without a tenancy agreement, tenants may not be clear on what they are responsible for, or what their rights are. This can lead to problems later on, such as disagreements over repairs or bills.

The RentalDocs tenancy agreement template makes it clear what everyone’s responsibilities are from the start, and can help prevent disputes further down the line.

Tenancy contracts and rental agreements in England and Wales

In England and Wales, tenancy agreements must be in writing and must contain certain information by law. This includes the names of the landlord and tenant, the address of the property, and the amount of rent. tenancy agreements can be either fixed-term or periodic.

A fixed-term tenancy is where the tenancy agreement is for a set period of time, such as six months or a year. A periodic tenancy is where the tenancy agreement runs from one rent period to the next, such as month-to-month.

At the end of a fixed-term tenancy, landlords can choose to either renew the tenancy agreement or end the tenancy. If they want to end the tenancy, they must give their tenants at least two months’ notice in writing.

Photo of some rented flats with a written tenancy agreement in place.
Landlords in England and Wales are not legally required to have a rental contract but it is very unwise to rent out any kind of property without one. Photo © Bill Boaden (cc-by-sa/2.0)

Set out how to pay the rent in your written tenancy agreement

When it comes to rent, your written tenancy agreement should also set out how and when rent will be paid, as well as any rules on things like subletting or having pets at the property.

It’s important to make sure that the rent amount is clearly stated in the tenancy agreement, as this can help avoid disputes later on.

In addition, it’s a good idea to set up a standing order or direct debit for rent payments, so that they are paid on time each month. This will also help to avoid any disagreements over late rent payments.

Download Our Trusted Tenancy Agreement

For England & Wales

For Renting Properties: Tenancy Agreement Form
For Individual Lodgers: Room Rental Agreement

Include a clause on damage to the property

Another important thing to include in your written tenancy agreement is a clause on damage to the property. This should make it clear that tenants are responsible for any damage they cause, and that they will be liable for the cost of repairs.

You may also want to include a clause specifying that tenants must get your permission before making any changes to the property, such as painting or putting up shelves.

This can help to avoid problem tenants later on, who may try to make changes without your permission and then cause damage to the property.

Photo of rented houses in England
Certain clauses such as a damage clause and an eviction clause should be included in your written rental contract with your tenant. Photo © Roger Cornfoot (cc-by-sa/2.0)

Further reading:

Include a clause on noisy or disruptive behaviour

Another useful clause to include in your written tenancy agreement is one on noisy or disruptive behaviour. This can help to avoid problem tenants who party late into the night or play loud music.

The clause should make it clear that tenants must not cause any nuisance or disturbance to their neighbours, and that they will be liable for the cost of any damage caused by their actions.

Include a clause on eviction

It’s a good idea to include a clause in your tenancy agreement that sets out the grounds for eviction. This can help to avoid problem tenants who don’t pay their rent or cause damage to the property.

The clause should make it clear that tenants can be evicted if they fail to pay their rent, or if they cause damage to the property. It should also specify that tenants can be evicted if they are disruptive or noisy, or if they breach any of the other terms of the tenancy agreement.

This clause will give you the legal right to evict problem tenants, and can help to avoid any disputes later on.

Photo of a rented house with broken windows where the landlord evicted the tenants.
Having a written tenancy agreement for your property also protects you if the tenant damages the property in some way. Photo © T Eyre (cc-by-sa/2.0)

What kinds of things can go wrong when renting property?

There are a number of things that can go wrong when renting property, such as damage to the property, problem tenants, or disagreements over rent.

One way to help prevent these problems is to have a clear and legally binding tenancy agreement in place. This will set out the terms of the tenancy, including the responsibilities of both the landlord and the tenant.

If there are problem tenants, landlords can use the tenancy agreement to evict them. This is a legal process, and landlords must follow certain steps in order to do this.

What to do if a tenant damages your rental property

Damage to the property can be another problem that landlords face. In most cases, it is the tenant’s responsibility to repair any damage that they cause. However, there may be some cases where the landlord is responsible for repairing damage, such as if it is due to wear and tear.

If a tenant damages the property, it is usually their responsibility to repair the damage. This is typically set out in the tenancy agreement. In some cases, landlords may be responsible for repairing damage, such as if it is due to wear and tear.

If the damage is severe, landlords may be able to evict problem tenants.

Useful resources for landlords:

Photo of an older house with damage done by sitting tenants.
Even an older property can be subjected to damage by tenants. Photo © Humphrey Bolton (cc-by-sa/2.0)

How to deal with a problem tenant in your property

If you have a problem tenant in your property, there are a few things you can do.

First, try to talk to the tenant and see if you can come to some agreement. It may be that they weren’t aware of the problem, or that they are willing to rectify the situation.

If talking to the tenant doesn’t work, you may need to take legal action. This could involve evicting the tenant or taking them to court.

Before taking any legal action, it’s important to get advice from a solicitor or Citizens Advice. This is because the law surrounding problem tenants and eviction can be complex.

If you do decide to take legal action, make sure you follow the correct procedure. If you don’t, you could end up losing your case.

If you are a landlord, you should also read:

Landlord Advice: Our landlord advice blog

How to use our tenancy agreement documents

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