If a dispute arises with your tenant, the contract is looked at first. Whatever is not written in it is open to argument later. That is why a contract should not be short but complete.
Identifying the parties and the property
The identity details of the landlord and the tenant, the full address of the property and the unit number are written down. If there is more than one owner, the details and signature of each are required.
The number of people who will live with the tenant and their relationship can also be written down; this prevents uncertainty later.
Term, price and payment
The start date of the tenancy, its term, the monthly rent and the day of each month it is paid are written down clearly. For rents above a certain amount, payment through a bank is compulsory.
The account number for payment should appear in the contract. The bank receipt protects both the tenant and you if a dispute arises.
The deposit and the terms for returning it
The amount of the deposit and when and on what terms it is returned should be written down. It is stated that outstanding bills and damage beyond ordinary use will be deducted from it at move-out.
It is wise to set a reasonable period for returning the deposit, for example once the final bills are settled.
Service charge, fixtures and maintenance
Who pays the service charge is written down. In practice the running costs fall to the tenant and fixtures and major repairs to the owner, but this must be stated clearly in the contract.
The furnishings and fittings left in the home are attached to the contract as an inventory list. Items such as the boiler, air conditioning and built-in appliances are listed one by one.
Eviction and termination
The circumstances in which the contract can be terminated and the notice periods are written down. The law sets limits here; the contract cannot go beyond them.
The undertaking to vacate is a separate document, and if it is signed on the same day as the contract its validity becomes open to dispute.
Related sections of this guide
- How much should the deposit be and when is it returned?
- How is an inventory list prepared?
- Eviction and termination: timescales and methods
- I want to let my home: the process from start to finish
Terms from the glossary
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