This is day 10 of my 31 days of tips on tenancy agreements series. To see the rest of the series click here.
Describing the property correctly in the tenancy agreement
This sounds obvious but you need to be careful. If you get a court order for possession, you do not want the bailiffs to evict the people living next door! Put the full address, including the post code, and be careful to get the spelling right.
Then you need to think about what the tenancy includes. Many properties, particularly flats, will have a designated parking area. This can usefully be included in the description of the property. Also if there is a garage included.
Or is something is being excluded from the tenancy? For example are you are retaining a room our outhouse for your own use? Sometimes landlords keep a room for storage, or rent out the garage separately, to someone else. If so, you should mention this on the tenancy, otherwise you could be in difficulties. Note that if you retain a room for your own use, you should also provide in the terms and conditions for arrangements for access.
Sometimes a property will be subject to a right of way. For example in some parts of the country, back gardens are bisected by a footpath to other properties. Again, it is best to mention this in the tenancy agreement, so there can be no argument.
In the Landlord Law tenancy agreements we have a special section for this sort of thing.
Shared houses and HMO’s in the tenancy agreement
If you are letting out rooms in a shared house, make sure that the rooms are identifiable. Usually people either give them a number, or describe their location in the house (‘attic bedroom’, ‘ground floor rear bedroom’, etc). Once you have done this, it is best not to change them. For example if, due to a room name change, it looks to the benefit office as if you are claiming twice for the same room, they will stop making payments.
You might also want to specify what rooms tenants can use. Or areas they do not have access to. If these things are written in the tenancy agreement, it saves arguments later.
It is probably also worth mentioning that if in a shared house, a tenant moves from on room to another, that is a new tenancy and needs a new tenancy agreement.
Do you have any comments on this section? If you rent out rooms in a shared house, do you name them or number them? What other matters could be included with the description of a property?
Tomorrow I will discussing matters relating to rent.
NB Read about my tenancy agreements service here.
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