ABSTRACT
You and the tenant need to agree on the following:
The extent of the property included in the letting. This may seem blindingly obvious, but will the letting include the garage, the cellar, the locked shed where you store your valuable tools, etc?
What contents are included in the letting. See our advice on inventories (p 119).
Who the tenant(s) will be. You should include in the Tenancy Agreement as joint and several tenants all the adults who will occupy the property. This may, for example, include husband, wife, elderly parent, grown-up son and son’s live-in girlfriend. Your tenants’ visitors do not count. Nor do children under 18.
The length of the initial fixed period. Since you cannot get the property back for six months unless the tenant breaks their agreement, we suggest that there should be an initial fixed period and that this should be not less than six months.
The amount of rent, and the date it is due each month. Our Tenancy Agreement requires the tenant to pay the rent monthly. If you want the rent to be paid by standing order, your tenant should complete a standing order form (they should ask their bank to supply one).
The amount of deposit. The deposit will be refundable, unless your tenant fails to keep their side of the agreement.
Who is liable for council tax, water rates, TV licence, gas, oil, electricity and telephone. Our Agreement stipulates that the tenant will pay all of these. If you want to make other arrangements, you need to add the following words to Clause E of the Tenancy Agreement: ‘The Landlord is to pay [council tax/water rates for the property] [charges for oil/gas/electricity supplied to the property]’.
Whether children or pets may live at the property. Our Agreement, as it stands, does not allow pets unless you agree. As we said before, you can always look at the individual case and judge for yourself—one child but not seven; a cat but not a pack of hounds, perhaps!
Who is responsible for repairs, redecoration, etc. Our Tenancy Agreement obliges the tenant to keep the interior of the property clean, tidy and in good decorative order and to keep equipment and appliances in good repair. They are not expected to improve your property or its contents. You remain responsible for structural repairs—except for any made necessary by the tenant’s damage to your property.
What state the property must be in when it is handed back. The tenant must hand everything back in the same condition as when the letting began. If extra work is required to restore anything to its original condition, our Tenancy Agreement provides for professional cleaning of carpets, curtains, etc, to be paid for from the tenant’s deposit.
The inventory. You will find a sample inventory on p 120 and on our website, and you should ‘top and tail’ it to suit.
