Frequently asked questions about:
Tenancy Agreements

No, it is not legally necessary to have a written tenancy agreement, and a verbal agreement between the Landlord and the Tenant will suffice. However, should a dispute arise in cases where only a verbal agreement is in place, it will be difficult to prove what the actual terms of the agreement are and can therefore be highly risky.

The main difference between an AST and an Assured tenancy is that with an AST the Landlord has a guaranteed right to possession of the property at the end of the tenancy, whereas in an Assured tenancy the Landlord has no automatic right to possession of the property at the end of the tenancy. Thus the Assured tenancy provides the Tenant with more security than an AST. In an AST, the Landlord can regain possession of the property 6 months after commencement of the tenancy, provided that 2 months notice is given to the Tenant. In an Assured tenancy, the Tenant has the right to remain in the property until such time as the Landlord can prove to the courts that there is a Ground for Possession.

A tenancy may be granted for a fixed term or it may be a periodic tenancy. A fixed term tenancy is where the tenancy is granted for a specific length of time, e.g. 12 months. A periodic tenancy is where there is no specified length of time involved but the tenancy will carry on for additional specific periods, usually determined by the frequency of rental payments, e.g. monthly or quarterly. A fixed term tenancy will automatically turn into a periodic tenancy once the specific length of time has expired, unless the parties reach a new agreement or terminate the tenancy.

A tenancy agreement cannot be changed unless both the Landlord and the Tenant agree to the changes. Where there is an agreement between the Landlord and Tenant, the changes should be reduced to writing, either by drawing up a new tenancy agreement or by amending the existing agreement. Although a verbal amendment is still valid in law, it is difficult to prove and therefore not recommended.

In the case of an AST, the Landlord is required to provide the Tenant with a Statement of Terms within 28 days of such a request being made by the Tenant. The Landlord is also required to provide the Tenant with the Landlord's name and UK address upon request. Where the Landlord has accepted a deposit from the Tenant, the Landlord is required to provide the Tenant with information on the tenancy deposit scheme with which it has been registered. The Landlord is also required to have an Energy Performance Certificate for the property, which must be no less than 10 years old. Where the tenancy is a periodic tenancy, the Landlord must provide the Tenant with a Rent Book.