The
relationship of a landlord to a
tenant arises from tenancy laws. Two
major tenancy types have been
developed.
When a landowner allows one or
more persons, called "tenants," to
use his land in some way for some
fixed period of time, the land
becomes a leasehold, and the
resident (or worker) - landowner
relation is called a "tenancy." A
tenant pays
rent (a form of
consideration) to the landowner.
The leasehold can include buildings
and other improvements to the land.
The tenant can do one or more of:
farm the leasehold, live on it, or
practice a trade on it.
Fixed
Term Tenancy
A tenancy in
which the tenant has exclusive
possession of a property for a
specific term, which is normally
agreed to in a written contract.
In a fixed
term lease, both the commencement
and the termination dates must be
specified prior to the lease takes
effect. Although at the expiry of
the lease, tenancy contract is
terminated, the tenant can still
remain in the property and the
tenancy is deemed to continue on a
month-to-month basis.
It is possible for a fixed term
tenancy to include a ‘break clause’,
which would give the tenant the
right to give notice to move out
before the end of the tenancy, but
this is quite rare.
It is possible for a fixed term
tenancy to include a ‘break clause’,
which would give the tenant the
right to give notice to move out
before the end of the tenancy, but
this is quite rare.
Periodic Tenancy
A periodic tenancy runs from
period to period. The period is a
short but expressed period (such as
a week, month or quarter) – monthly
is the most common. It is a
perfectly valid way of setting up a
tenancy, but is less common because
it provides less certainty, both to
the landlord and the tenant.
A period
tenancy can be either oral or
written and may simply state that
the tenancy is on month-to-month
basis.
Tenancy at Will
A tenancy
when after the expiration of the
lease the tenant remains in
possession of the premises with the
consent of the landlord.
Tenancy at Sufferance
A tenancy
that is also know as the over
holding tenancy, could occur if a
person has possession without the
consent of the owner and without
paying the rent. Such tenancy
arises, when the lease is terminated
but the tenant does not vacate.
If the tenant
does not vacate, the tenant may be
liable for damages or for double
rent.
A contract
between landlord and tenant setting
out terms, the parties and other
particulars relating to the tenancy.
The tenancy agreement is a
contract between you and your
landlord. It may be written or oral.The tenancy agreement gives
certain rights to both you and your
landlord, for example, your right to
occupy the accommodation and the
your landlord’s right to receive
rent for letting the accommodation.
You and your landlord may have
made arrangements about the tenancy,
and these will be part of the
tenancy agreement as long as they do
not conflict with law. Both you and
your landlord have rights and
responsibilities given by law. The
tenancy agreement can give both you
and your landlord more than your
statutory rights, but cannot give
you less than your statutory rights.
If a term in the tenancy agreement
gives either you or your landlord
less than your statutory rights,
that term cannot be enforced.
Implied Tenancy Terms
your landlord must carry out
basic repairs
your landlord must keep the
installations for the supply of
water, gas, electricity,
sanitation, space heating and
heating water in good working
order
you have the right to live
peacefully in the accommodation
without nuisance from your
landlord
in most cases, your landlord
must not treat you unfairly
because of your race, sex,
sexuality, disability, or
religion. There may be some
exceptions, for example, if you
live in the same accommodation
as your landlord
you have an obligation to
take proper care of the
accommodation.
Express Tenancy Terms
your name and your
landlord’s name and the address
of the property which is being
let
the date the tenancy began
details of whether other
people are allowed the use of
the property, and if so, which
rooms
the duration of the tenancy,
that is, whether it runs out on
a certain date
the amount of rent payable,
how often and when it should be
paid and how often and when it
can be increased. The agreement
could also state what the
payment includes, for example,
council tax or fuel
whether your landlord will
provide any services, for
example, laundry, maintenance of
common parts or meals and
whether there are service
charges for these
the length of notice which
you and your landlord need to
give if the tenancy is to be
ended. Note that there are
statutory rules about how much
notice should be given and these
will depend on the type of
tenancy and why it is due to
end.
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