Aug/090
What Should Be Included In A Tenancy Agreement?
Once the owner and the tenant come to a mutual decision, they have to sign an important piece of agreement, which is known as the Tenancy Contract. The Tenancy Contract is the pact signed by both parties, one being the tenant and the other being the owner of the property. This document allows the tenant to stay at the property of the owner and gives the owner the right to receive the payment for letting the tenant to reside at his 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 contract for the tenancy should follow certain guidelines. It should be designed as per the rules imposed in a country. It will not be any good if it does not focus on all the legal formalities. Both parties are eligible for certain benefits, if they design the agreement as per the law of the country and are accountable as well in case of violation.
A Tenancy Agreement should fulfill the basic requisites. In a written agreement, each point should be mentioned in detail, with signatures of both the parties. While making an agreement, a third person i.e. a guarantor should be present there. The main job of a guarantor is to make sure that the rent is being paid according to the contract. Moreover, the term or period of the tenancy, with starting and ending date, should be mentioned in the contract.
The amount of rent that is to be paid by the tenants each month should be stated in numbers as well as in words for the purpose of clarity. The date on which the tenant will have to pay the rent each month should also be included in the treaty. Besides, there should be an affirmation of the deposit held by the landlord. It also should be written in both words and numbers.
The way through which the owner will receive his monthly payment, should be clearly mentioned in the agreement. The owner can either agree to receive payments directly, by cheque or cash, or any other way upon which they agree. If the payment is to be done through a third person, it has to be mentioned too in order to have a documented proof of all details.
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.