The term tenancy occasionally causes confusion and leads to questions being asked.

Here are some hopefully helpful observations but they should not be interpreted as constituting qualified legal advice.

What is a tenancy?

This is essentially the process whereby somebody rents your property from you.

In doing so, both you and they may have inalienable rights governed by law and these may be supplemented by what is called a tenancy agreement.

The tenancy agreement basically specifies the exact nature of the commercial relationship between you and your tenants though neither you nor they will be able to use it to override the other party’s rights as defined under law.

What are the tenants’ inalienable rights?

Basically, your tenants have a fundamental legal entitlement to:

• respect for their privacy while renting. For example, typically you will need to provide them with 24 hours notice before having the legal right to enter your property;
• the right to live in a property that is well maintained and safe (if someone is injured on your property they may sue you for damages, which is why appropriate landlord insurance is important);
• not be evicted, unless you have gone through appropriate legal procedures and processes;
• access any information you hold about the tenancy;
• the right to a fair rent and not to be forced to pay unreasonable additional charges for things such as utilities and maintenance etc.

How does the tenancy agreement affect this?

As stated above, it cannot.

What a standard tenancy agreement may do is to define exactly what things such as fair rent means. Keep in mind also that there are also different forms of tenancy.

It may also provide additional specific rights and entitlements to both parties, providing that they do not conflict with the above inalienable rights.

It would be worthwhile keeping in mind that any verbal statements or commitment you make during the process of agreeing the tenancy agreement may, under law, be considered a contractually binding agreement.

It might therefore be advisable to be cautious about making verbal promises and undertakings unless you are confident in your ability to deliver on them.

What about my inalienable rights as a landlord?

Broadly speaking, your basic rights are:

• to take charge of the property once the tenancy has concluded;
• to access your property providing you give 24 hours notice;
• to repossess your property in the event it gets damaged (note that there is a procedure for this – you cannot simply march in and unilaterally take possession);
• to evict your tenants, through due legal process;

As a general principle, it may be advisable to seek qualified advice before entering into any form of dispute or eviction processes with your tenants. Failing to do so may result in you not complying with due process, thereby prejudicing your interests.

The following is based upon a fuller discussion on the government’s website below.

*Source:
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189101