What Type of Legal Agreement Should I Use With a Tenant?

In the majority of cases the most appropriate type of agreement will be an assured shorthold tenancy agreement. This legally entitles you to regain possession of the property when the contracted term ends. Shorthold tenancies span between six months and three years in a fixed period specified in the contract. The agreement may also contain a break clause which allows both the landlord and tenant, or either one of them, to terminate the contract earlier.

This kind of agreement should not be used in all circumstances of letting property. For example, it’s not appropriate for long-term lettings (over three years), high-rental letting (where the tenant pays over £100,000 per year), business lettings, holiday lettings, or where the landlord shares with the ‘tenant’. If you’re unsure of the type of agreement needed in your case, our property lawyers are available for consultation via our free legal advice line.

If you want to let the same property to more than one tenant, you should ensure that the agreement makes them all liable, jointly and severally, for rent and damages they cause to the property. This ensures that in the event that any should leave or cannot be contacted or traced, you are entitled to take action against any left or traceable for the entire amount.

In any circumstance it is essential that agreements are made in writing. If they are not, you will find it extremely difficult to evict tenants or enforce your rights where tenants fail to fulfil their contractual obligations, like pay rent.