Understanding tenancy agreements

TO AVOID potential areas of dispute, it is important that a tenant fully understands the commitment they are making when entering into a rental agreement. The majority of residential tenancy agreements that are entered into at present are called Assured Shorthold Tenancies; this form of tenancy place certain obligations on both the landlord and the tenant, some of which will be imposed upon the landlord and tenant (for example: the landlord has an obligation to maintain the property and no matter what it says in the tenancy agreement they cannot pass that obligation to the tenant). In all cases Assured Shorthold Tenancies are for a fixed period. The length of this period can be negotiated between the landlord and tenant - this is often for a period of six months.  It is important for the Tenant to realise that once entering into a fixed term agreement they cannot get out of it. For example, if the agreement is for six months but you wish to leave after three months, you will continue to be responsible for the rent until the end of the fixed six month period - whether you live in the house or not.  It is therefore extremely important to ensure that the fixed term agreement you are entering into is appropriate for your circumstances.  If you are uncertain how long you need the tenancy for, ask the Landlord if you can enter into a shorter term, for example three months or alternatively if you can add a clause to the lease allowing you to leave early (a Break Clause).

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