Landlord Tenancy Agreements (England & Wales)

As a Landlord having a solid tenancy agreement between yourself and your tenant is important, as it sets out the legal items and the terms and conditions of the letting agreement.  A tenancy agreement can be in two forms:

  • Fixed terms which runs for a period of time for example 6 month
  • Periodic which can run week by week or month by month

AST tenancy agreements

The most common form of a tenancy agreement is an AST (Assured Short hold Tenancy) and is the newest tenancies type.

A tenancy can only be an AST if the following applies:

  • You are a private Landlord and you do not work for the council or housing association.
  • The tenancy started on or after the 15th January 1989.
  • The property is your tenants main accommodation.
  • You as the Landlord do not live at the property

A tenancy cannot be an AST tenancy if:

  • The tenancy was started or agreed before the 15th January 1989.
  • The rent is more than £100,000 per annum.
  • The rent is less than £250 per annum (if based in London this will £1,000 per annum).
  • It is business tenancy or a licensed premised tenancy.
  • It is a holiday home let.
  • The landlord is a local council.

A guide to AST tenanacies can be download via the Gov UK website.

Other types of tenancy agreements

There are other types of tenancies but they are not as common as a AST:

Excluded tenancies or licenses: this is for if you have a lodger living with you and you share rooms like a bathroom and kitchen area.  This type of agreement also give the tenant less protection from eviction thank other agreement types
Assured Tenancies: If the agreement started between 15th January 1989 – 27 February 1997, tenant will have increased protection of eviction with this type of agreement
Regulated Tenancies: any tenancies starting before the 15th January 1989 maybe regulated.  A tenant will have increased protection from eviction and can apply  for a fair rent.

A guide about Regulated Tenancies can be download via Gov UK website

Are you a landlord?  Do you have the right tenancy agreement in place?  Do you also have the right Landlord Business Insurance in place too?

Tell us what your experiences are with your tenants, do you have a lodger or do you rent out one property or a property portfolio?  Or are you a tenant, do you have a great landlord?