Introduction

It is not always aware that there are different types of tenancy. This usually means you need to use right kind of form of tenure for the type tenancy involved This article will help you select the type of lease for situation. First we will see the type of tenancies in existence, as this will affect the type of lease Thea use. must then take into car rooms in a shared house and how this affects toa Wea things. then consider various other practical issues such as amending the terms of the lease and how to complete your lease Form. Note that this article refers only to the leases and the law in England and Wales UK.Â

What type of tenancy do you have?

Most tenancies created today ensures leases Shorthold (AST), but not always. For example, if

• You are renting a corporation
• You live in the same building (unless you live in a separate apartment in a purpose built blocks of flats) or,
• The rent will be more than  £ 25K per annum

the lease rental will be a "common law" and not a AST. If you use a lease document designed for an AST, is not the end of the world – that does not mean that the tenant will not have a proper lease or have the right to live in property. However, some parts agreement, document specific parts of AST, is not valid, and this is never a good idea. Â

You should therefore try to find a way to agreement that is designed for your specific type of leases tenancy. common law are not as easy as finding ways of AST agreement, but are available if you search for them

Is your tenant renting the entire property or just one room?

Where tenants share, more often than all sign the same lease document. This is the best way of doing things if tenants are all friends. However, this may not be the best solution if you are leaving people who do not know each other and want to leave the property in times. toa different here could be better simply, take a lease for a single room, and include network sharing with the rest of the property.  If you choose to do this, you should use a document of lease that reflects this (often described as an agreement for a room in a shared house where the owner is not resident). A This type agree is often used for houses of multiple occupancy (HMO).  agreements a lease of rooms in a shared house available, but you may have to hunt for them. Â

Is there anything unusual or rental property?

Most agreements lease include standard clauses. Some are better than others, but all things as they should include clauses prohibiting damage to property, subletting, inappropriate use of its property rental Etc. however may have something unusual. For example, you may want to keep one room of the leases so you can use to store its own possessions. may be a right of way over part of the garden, or you may want to allow access to an outfielder.  In this case, leasing standard forms of agreement in the stores may not be suitable for YOU. You could try to change yourself, but this is usually writing inadvisable. lease agreements is a specialized job, and it is possible that instead of protecting yourself that you have, how they wrote the clause was valid in reality, leaving it without any protection. The best thing to do is to instruct a lawyer to adapt to an agreement for use. This will cost more that only through a contract, but at least the agreement will do what you want (assuming it is something allowed by law).

Other councils and traps

When you buy a lease, which is pretty sure it is leasehold recent. not stand still, and the terms which were perfectly valid for 10 years, now may be invalid, for example, unfair terms in Consumer Contracts Regulations.  Do not try to "strengthen" weak so the clauses to make them more favorable to YOU. The clauses that have been developed for a reason. way you change them is likely to leave (for example, under the rules of unfair terms).  For example, do not change the clauses prohibiting pets, removing any text that provides that the tenant shall be entitled to apply for permits to have a pet, and said the request will not be overly withheld. to this language is essential. If you can find one, try using a "lease plain English 'style agreement. This will be much easier for you and your tenant to understand and remember – If the tenant can understand the deal, which is much more likely to read and do what it says!

Some practical advice

Be careful when ending your tenancy agreement. Remember it is a legal document. sure to get the names of the rights of the parties and address of property. If you go to court to evict a tenant, you do not want the bailiff goes to the property next door!  It takes two copies of the tenure agreement. Your tenant must have one signed by you and you must have one signed by the tenant, however, is common practice for both owners and tenants to sign both. If agreement is signed before the date on which the tenant must enter, you must be registered as a write – this means that the signatures must be witnessed by someone independent.

Finally,

After signing the agreement, be sure to keep your copy of the lease safe. If you ever have to take your tenant to court, you need!

© Tessa Shepperson 2008

Tessa Sheppeson is a solicitor, author, and editor of http://www.landlordlaw.co.uk, an online legal information service for residential landlords and tenants.

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