If you intend to rent property as a landlord or a tenant, it is crucial to have a professionally drafted agreement, which should be prepared or reviewed by a solicitor, to be sure that it meets your particular requirements. Failing to do so can expose both landlords and tenants to various risks, not least of which, is the risk of being involved in court proceedings. In this article, we will explore the reasons why having a well-drafted tenancy agreement is essential.
Without a professionally drafted agreement, there is the risk of ambiguity and misunderstanding. Ambiguity can arise when agreements are incomplete or fail to address vital aspects of the tenancy, such as the term, rent increases, subletting permissions, pet policies, or termination conditions. If the agreement is not clear, disputes and disagreements between landlords and tenants can easily occur.
Tenancy agreements need to comply with current laws and regulations. A well-drafted agreement will comply with the current legal requirements, such as tenant rights and landlord obligations, containing in such legislation as the Tenant Act 1985 and the Housing Act 1988.
If you do not have a professionally drafted agreement both landlord and tenant may find that their respective rights are not protected. A professionally drafted agreement will cover property maintenance responsibilities, rent payment terms, security deposit details, and procedures for resolving disputes.
A professionally drafted tenancy agreement is easier to enforce. It will include specific clauses that set out what is to happen in case either the landlord or the tenant breaks the agreement. It will also contain pointers to the appropriate remedies for the landlord or the tenant for breaches of the agreement.
A professionally drafted tenancy agreement can include provisions for alternative dispute resolution such as mediation or arbitration, which are recognised and supported by the judicial system. Resolving disputes in this way can be more efficient and cost-effective than lengthy court proceedings.
Whether you are a landlord or a tenant, you will benefit if your tenancy agreement is professionally drafted to ensure compliance with current law, to minimise risk and avoid ambiguities and misunderstandings. For more information regarding your agreement or any tenancy dispute, please contact us on 01603 693510 or at enquiries@clapham-collinge.co.uk.
