Tenancy agreements
You need to think about the length of the tenancy agreement. Most last for at least 12 months, sometimes with a six-month break clause. However, this can be negotiated with your tenant, which is something your Winkworth letting agent will do for you.
Assured shorthold tenancy
- This type of agreement applies to all tenancies created after 15 January 1989, where the annual rent is not more than 25,000 and the tenants are individuals, not companies.
- The tenant has the right to live in the property for the agreed period, or until you as landlord serve notice.
- You have a right to end the tenancy by using a 'section 21' notice. However, you must give the tenant at least two months' notice before the end of
any agreed fixed term.
- A section 21 notice does not work in the first six months of the tenancy. However, you can issue a section 21 notice after the first four months, which allows for the required two-month notice period. Your tenant will only be protected by this six-month rule from the start of the first tenancy and not in subsequent tenancies.
- You can get your property back before the six-month fixed term ends if your tenant:
- hasn't paid the rent for at least eight weeks
- is causing a nuisance to the neighbours, or
- has damaged your property (beyond usual wear and tear).*
*Subject to obtaining a court order
There are two main types of tenancy agreement. The ins and outs of each can be complex, but your Winkworth letting agent will go through your specially drafted agreement with you and answer questions. Here's a brief summary of both types of agreement.
Non-Housing Act 1988 tenancy
This type of agreement is much less common and only applies:
- to tenancies created before 15 January 1989, or
- where the annual rent exceeds £25,000, or
- to all company (corporate) lets.
A non-Housing Act tenancy may be used in other situations, but these do not apply to the usual business of a residential letting agent like Winkworth. Non-Housing Act tenancies should be specially tailored to each case, so it's important to use a solicitor.
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