Tessa Shepperson, a solicitor specialising in landlord and tenancy work and author of Lawpack's 'The Complete Guide to Residential Letting', discusses whether landlords need a written tenancy agreement.
Having a tenancy agreement is vital for any landlord. It's so important to get the tenancy in writing as it protects your property, sets out your obligations and that of your tenant's, plus it prevents potential disputes between you and your tenant in the future.
Although there is no legal requirement for you to create an assured shorthold tenancy (AST) in England and Wales, all landlords should ensure that their tenants have signed a written tenancy agreement prior to letting them into the rental property.
But in Scotland all landlords must have a written tenancy agreement for the tenancy to be a short assured tenancy (SAT).
The advantages of getting it in writing
Although all tenancies should have a formal written agreement, licences don't always need them. For example, written agreements are not necessary in the following circumstances:
But even if a formal tenancy agreement isn't provided in these circumstances, there should always be some paperwork to prove the terms of the letting, in case there is a dispute at a later date.
Published on: March 28, 2012