FAQ
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UNDERSTANDING YOUR TENANCY AGREEMENT
Assured Shorthold Tenancy Agreements (ASTs) were created by the Housing Act 1988 and you will find some references to that Act and other legislation within all ASTs. An AST is the most common way in which a tenant rents a property from a Landlord and it gives certain rights to either party.
The AST you are being asked to sign is a legally binding document and you should firstly read the warning on Page 4 of the Agreement. If your Landlord or his Agent does not explain any of the terms to your satisfaction, you should seek legal advice before you sign. If there are any terns you are not happy to accept you should discuss them with the Landlord or Agent and if agreement is made to vary any of the terms they may be altered and initialled in handwriting.
At all times you should remember that your Landlord owns a property worth many thousands of pounds and is prepared to let it out to tenants. It is right that he should have some safeguards to protect his investment as indeed tenants have the right to ‘quiet enjoyment’ of the property they rent.
This information is to explain as simply as possible some of the common clauses or terms used in an AST.
‘Who shall be jointly and severally liable’ – means that if there is more than one tenant on the Agreement and one or more of those leaves the property, those remaining would be responsible for making up the shortfall in the rent. (Unless arrangements can be made to find a mutually suitable replacement).
‘Contents’ – even in unfurnished property, a Landlord will have some contents of value and will normally have an inventory which should show these items and their condition, at the time you take on the property. Under clause 4(b) you are expected to report any comments on the inventory within 14 days (in writing). You should insure your own contents and personal belongings.
‘The Term’ – is typically 6 months but can be more or less than this, but it represents the minimum period that the Landlord is prepared to let the property.
'Commencing’ – will be the first day of your occupancy
‘The Rent’ – will reflect the amount you are expected to pay, in advance, for the period shown, usually weekly or calendar monthly. If it includes any of the charges listed in clause 3, you should ensure that your Landlord strikes them out and initials the agreement to acknowledge this fact. The day or date on which the rent falls due is often set as the first day of the month but may be varied by the Landlord to suit his banking requirements, or possibly yours.
‘The Deposit’ – is the amount of damage deposit you are required to pay in addition to the advance rent. Typically it is equivalent to one month’s rent but can be more (or less) at the Landlord’s discretion. Clause 2 refers to the deductions, which the Landlord can make from the deposit at the end of the tenancy.
‘Clause 1’ – refers to ‘deduction or set-off’ which means that you have no authority to pay less than the correct rent. Under certain circumstances if a Landlord has failed to carry out essential repairs it may be possible for you to have them carried out but only after advising the Landlord, obtaining quotations and paying the contractor BUT you are advised to seek legal advice before taking this course of action.
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