Its not actually necessary to have a written agreement to create a valid tenancy - so why should you have one? Here are ten reasons. Law is for properties in England & Wales only.

1. Ten Reasons Why
Landlords should always use a
written tenancy agreement
From Tessa Shepperson of Landlord Law

2. Its not strictly necessary to have a
written agreement :
Under s54(2) of the Law of Property Act
1925 you can create a legal tenancy
without a written document if:
• It starts immediately
• It is for a term of not more than 3 years
• It is at a market rent and
• No premium is paid
So why do we need one?

3. 1. To record what was agreed
Otherwise if the tenant
says he agreed to pay
£800 p.c.m. whereas
you KNOW he agreed
to pay £1,000 –
How are you going to
prove this?

4. 2. To record the type of tenancy
There are lots of different types of
tenancy agreement –
• Standard ASTs
• Resident landlords
• Lets of a room in a shared house
• Etc …
How will people know which YOUR
tenancy is? If there is no written
document?

5. 3. To make rent payable in advance
Did you know that the only reason
rent is payable in advance is
because the tenancy agreement
says so?
If there is no tenancy agreement
clause, then the rent will
automatically be payable in arrears

6. 4. To allow you to make deductions
from the deposit
The deposit money belongs to
the tenant.
If there is no clause
authorising deductions in a
tenancy agreement – you
cannot make deductions!

7. 5. So the landlord can protect his
position
There are lots of other clauses which you
can use to regulate the tenants’ use of the
property - for example:
• Forbidding alterations & re-decoration
without the landlord’s agreement
• Prohibiting pets
• Setting out how utilities should be paid
• Etc …

8. 6. To use in Court Proceedings
For example - you cannot use the special
‘accelerated procedure’ for section 21
claims, unless you have a written tenancy
agreement.
Even if you use a different procedure, it
may still affect your case if you do not
have a written agreement

9. 7. So you can provide a copy to
guarantors
If you take a guarantee then the
guarantor must be given a copy
of the tenancy agreement
If they have not had proper
information about what they are
guaranteeing, the guarantee
may be unenforceable …

10. 8. So you can comply with s48 of
the Landlord & Tenant Act 1987
This says that you need to
provide the tenant with an
address in England or Wales for
the service of documents
If this is not done then the
tenant can withhold rent until
you have …

11. 9. Because the tenant cannot be
forced to sign one later
If your tenant refuses to sign a tenancy
agreement then, if he is already living in
the property, there is nothing you can
do to make him – short of evicting him.
Which will be more difficult as the
accelerated procedure will not be
available to you …

12. 10. Because it is the proper thing
to do
If you are a serious landlord
it is essential that you have a
properly drafted tenancy
agreement – otherwise not
only do you look
unprofessional, it will also
make it more difficult for you
to deal with bad tenants

13. Find out more:
Find out what type of
tenancy agreement is
suitable for YOUR property
at :
www.landlordlaw.co.uk/which-tenancy