The tenancy agreement is a contract between you and your tenant. It may be written or oral. The tenancy agreement gives certain rights to both you and the tenant for example the tenants right to occupy the accommodation and the your right’s to receive rent for letting the accommodation.
You and your tenant may have made arrangements about the tenancy and these will be part of the tenancy agreement as long as they do not conflict with law. Both you and your tenant have rights and responsibilities given by law. The tenancy agreement can give both you and your tenant more than your statutory rights but cannot give you less than your statutory rights. If a term in the tenancy agreement gives either you or your tenant less than your statutory rights that term cannot be enforced.
A tenancy agreement can be made up of:-
- express terms: These include what is in the written tenancy agreement if there is one in the rent book and/or what was agreed orally –
- implied terms: These are rights given by law or arrangements established by custom and practice