Published on 07 August 2015
Applicants must be given enough time to study tenancy agreements before they sign and commit themselves to the contract, otherwise an agent may be in breach of the Unfair Terms in Consumer Contracts Regulations 1999. Tenancy agreements should therefore be prepared prior to the start of the tenancy. The correct tenancy agreement should be used according to the circumstances and must be drawn up in deed form if for more than three years.
It is usual to produce two identical copies of the agreement which cannot be altered unless both parties agree to the changes and they are reflected accurately in both copies. It is essential that all the details in the agreement are accurate e.g. names are spelt correctly.
All parties to the agreement need to check and sign the document. If the signature is to be witnessed, it cannot be witnessed by any party to the agreement. If someone is signing on behalf of somebody else, evidence of authority must be obtained. For example, the landlord’s agent or legal representative may have power of attorney to sign tenancy agreements on behalf of the landlord.
The dating of agreements executes them and makes them live. The tenancy agreement can be executed before the start of a tenancy but both parties are then bound by it.
There are other items required to be checked before the tenancy starts:
Inventories (documents that list all movable items and fixtures and fittings), schedules of condition (records the condition of the property at the start of the tenancy) and safety records (e.g. gas safety record) must also be obtained before the start of the tenancy.
Categories: Residential Lettings Best Practice