About the tenancy agreement
Do we have to sign anything?
Yes, you do. The landlord must always give the tenant a written tenancy agreement. This shows what the tenant and the landlord have agreed to. Both of you must sign it and the landlord must give the tenant a copy before the tenancy begins. You must both be careful about what you say. A spoken agreement can be legally binding, which means you might have to do what you have agreed, even if you haven’t yet signed anything. For example, a landlord might not be able to change their mind if they tell a prospective tenant they can have the place. In the same way, if a tenant says they will take the place or if they pay some money, they might have to go ahead with it.
Who signs the agreement?
If there’s more than one tenant, it’s up to the landlord and tenants to decide whether everyone should sign. If one tenant signs, the law says that person is responsible for the property. If everyone signs, they are usually all responsible. This means that if one tenant doesn’t pay their share of the rent, the others may have to pay it. If one tenant damages the property and doesn’t pay for it, the others might have to.
What should be in the tenancy agreement?
A written tenancy agreement and a good property inspection report can be very useful if you have problems later on. They will make it easier for a mediator or the Tenancy Tribunal to sort things out too. A basic tenancy agreement must include:
- the names and contact addresses of the landlord and tenant
- the address of the property
- the date you both sign the tenancy agreement
- the date the tenancy begins
- both the landlord’s and the tenant’s address for service
- whether the tenant is under 18
- how much bond the tenant is paying
- how much rent will be paid and how often
- where the rent will be paid (the place or bank account number)
- any real estate agent’s or solicitor’s fees that must be paid
- a list of any chattels (like curtains, furniture or a washing machine) that the landlord is providing
- the date the tenancy will end if it is for a fixed term.
The landlord can put in other things such as:
- how many people can live in the house
- whether the tenant must pay for metered water
- whether the tenant can transfer the tenancy to someone else (but this doesn’t mean the tenant can’t have flatmates or boarders)
- where the tenant can park their car
- if the tenant can’t have a cat or a dog.
Tenants can’t give away any of their rights. For example, the landlord must give the tenant 90 days’ notice (or sometimes 42 days’ notice), even if the tenancy agreement says 30 days.
What is an ‘address for service’?
This is a street address (not a private bag or PO box) where the landlord and the tenant decide where their mail about the tenancy, can be sent. Make sure you use an address where you will get information even after the tenancy ends. It is especially important when the Tenancy Tribunal has been asked to solve a problem. The landlord and tenant must both write their address for service on the tenancy agreement. The law says the address for service must be written down and it must be called the address for service.
What addresses should we give?
The tenancy address isn’t always a useful address for service for the tenant to give. Tenants often give a friend or relative’s permanent home address. Landlords usually give their home or work address. You can’t give a post office box number as an address for service because the Tenancy Tribunal can’t serve legal documents on a post office box.