A tenancy agreement or lease is an important legal document that should be concluded before a landlord leases property to a tenant. The two agreements are similar, but they are not identical and it is important to understand the differences. The lease is a form of consumer contract and, as such, must be done in clear and understandable language. It must not contain clauses that could be “unfair.” This means, for example, that the lease does not put you or your landlord in an unfavourable position, should not allow a party to change the terms unilaterally and without good reason, or to bind you irrevocably to conditions with which you did not have time to administer yourself. An abusive clause is not valid by law and cannot be enforced. The legal rights vary depending on the type of lease. Each rental agreement must include: depending on the country, landlords may be required to include certain information about their rental or rental contracts, such as asbestos, mould and information about registered sex offenders. When developing your lease, always be sure to respect your national and federal laws. Have a guaranteed short-term rent, lease or license to fill – check what type of lease you have if you are not sure Because of the short-term lease, they allow much more flexibility when it comes to rent increases. Technically, the rent can be revised each month with a rental agreement in order to remain in compliance with the current fair market rent, provided that the rent increases are in accordance with local law and the termination rules that govern the monthly rent. It is more difficult to prove what has been agreed if not written. This is because often there is no evidence of what has been agreed or that a particular problem that has not been covered by the agreement may have occurred.
Perhaps you can also prove what was agreed in another way, for example with emails or text messages. If you decide to write your own lease, you have the option to add your own clauses, but they must be enforceable by law to be valid. These additional clauses must be considered fair, because if not, the owner could be attacked by the unfair contractual clauses of the law. If you sign a joint lease with another person or group of people, you have the same rights and obligations as the others. Ask your landlord to house your contract in writing. This can help you and your landlord understand your rights and obligations. Do you need more information about what happens when your lease expires? Remember that the law is there to protect tenants and landlords, and therefore the terms of the tenancy agreement must be fair, legal and never discriminate against any of the parties. If something doesn`t seem right to you, ask an expert like Wards, or even seek legal advice.
The Citizens` Council and Gov.uk are also great resources for landlords and tenants. The best approach to adding your own clauses is to seek professional legal advice, as you might accidentally restrict your own rights. You can use a standard model to create your own lease, but these are just standard contracts, generic contracts and do not allow flexibility to adapt or customize your lease. The lease you have depends on the facts of your situation, not what your agreement says. For example, if you pay rent to a private landlord who does not live with you and you have accepted a rent of 6 months, you will probably have short-term rent (or a guaranteed short rent in Scotland). This will also be the case if your agreement says otherwise. Check the type of lease you have. Wards are here to shed some light on the lease process, sketch out what should be included in a lease and what to do when it expires.
