Your most common tenancy matters explained

In Property

Taking a lease on a flat, apartment or house can be an exciting time. It is also one that can leave you nervous, particularly for those not familiar with the process and unaware of the most common legal issues associated with renting. In this article we look more closely at some of the most common tenancy matters:

Tenancy agreements

Tenancy agreements typically involve a written contract between a landlord and a tenant. Within a tenancy agreement, both parties have their responsibilities outlined towards each other – including matters such as carrying out repair or maintenance work on a property.

While it is possible for a verbal agreement to exist between parties, enforcing the specific details of the contract without having anything in writing can be problematic. For that reason, a legal service provider will always recommend that a written agreement should be in place when renting a property.

Ending a tenancy

A landlord or tenant may wish to terminate a tenancy early for a number of reasons. Should either party wish to end the agreement ahead of the contracted date, they are typically required to provide notice to the other party.

It is particularly important for a tenant to give adequate notice in order to avoid being held responsible for paying rent after you have left the property. There are several types of tenancy agreements but the most common are periodic and fixed-term tenancies. A periodic tenancy is a rolling contract (running from month to month, for example), while a fixed term tenancy is set between specified dates (such as a  6 month period).

A tenant’s ability to terminate a tenancy early depends on the type of agreement they have in place. Consulting a legal service provider can help a tenant to establish their specific rights based on the terms of their own contract.

Similarly, a landlord may wish to apply for a possession order in order to bring the tenancy to a conclusion. Under these circumstances, a special order is usually required and it is often in both parties interests to come to a mutual agreement as to the terms of the notice period.

Changing a tenant

There are times when a tenant may wish to or need to pass on their tenancy to someone else. This process is called an assignment of a lease and can also be undertaken when sub-letting a property to another party.

Should a tenant die, it is also possible to pass the tenancy for a property on to a partner or family member.

Tenancy disputes

Disputes between landlords and tenants are not uncommon. They may arise due to a disagreement over deposits, rent reviews, unpaid rent or service charges, unpaid bills, damage to a property, antisocial behaviour.

If such matters cannot be resolved through informal negotiations it may be necessary to appoint a property litigation expert to gain helpful advice about resolving an issue and provide legal representation where necessary.

Need legal assistance in relation to a tenancy matter? Start comparing legal service providers now.

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