A Tenancy Agreement can be defined as an agreement or a treaty between two parties i.e. the tenant and the landlord. It is a contract, which allows the tenants to occupy the property or a house, and authorises the landlords to receive rent for letting their property.
The contract is signed as a legal formality and is a proof of the tenancy, in order to avoid any disputes between the parties after the property has been occupied. The tenancy agreement can be both oral and written. However, it is advised to have it written, since the oral agreement results in many arguments and clashes, as it cannot be verified. As a written document, the contract is more authentic as a proof of the consent. In case of problems, you can easily approach to the authorities with the agreement.
The Tenancy Agreement should be in accordance with the country law. It must privilege you with your statutory rights; otherwise, it becomes ineffective. Through this agreement, both the landlord and the tenant are liable to some privileges, and bound by some errands.
It is very important that the agreement have a clear mention of all the details point wise with the signature of the tenant as well as the owner. The presence of a person providing guarantee, that is a third person, is very vital. He has to assure that all payments and dues are dealt with as per the tenancy agreement. The duration of the tenancy, with starting and ending dates, should be mentioned in the contract.
The payment that the tenant has to submit to the owner, has to be stated in both words, as well as numbers next to the agreed due date for the payments. The owner of the property will then give a written testimonial about the security deposit that he has the right to keep till the tenure of the tenancy. Even the amount of the security deposit has to be in words as well as in numbers.
Even the system of the payments should be clearly mentioned in the tenancy contract for future reference, which will state the way the rent will be paid to the owner; either directly, by the state agent, by mail, cash in hand or by signing a cheque. This will be a written proof holding all the details of the payments.
Moreover, some other issues can be settled in the agreement, as the tenant will have to pay all the utility bills, reconnection fees (in case of disconnection of any service), license fee of television, etc. Besides, points like the tenants should keep the house or property in good condition, no changes should be made in property without the permission of landlord, property rented for the residential use should not be used for commercial or any other purposes, etc can be included in the agreement. Similarly, the responsibilities of the landlords like the repair of property in case of damages (not done by tenant), tax payment, insurance of property from hazards, etc are also covered in the Tenancy Agreement.
It is very important to have all the details of the mutual consents decided by both parties to make sure that all legalities are being fulfilled.
