Tenancy Agreement

How does the Tenancy Agreement work?

What type of agreement is used?
We primarily use an Assured Shorthold Tenancy Agreement. This is an agreement which offers limited security of tenure to the tenant and as a consequence, provided all the required criteria are met, possession at the end of the tenancy is guaranteed.

How long does it last?
Whilst a tenancy agreement can be drawn up for an initial period of between 1 month – 3 years, the tenant has an automatic right to stay at the property for a 6 month period. We therefore draw up our agreements for an initial 6 month period.

What happens then?
If at the end of the 6 months neither party have served notice, the tenancy automatically renews itself on a month by month basis under the same terms and conditions as before. This is called a periodic tenancy.

What rent can I charge?
You may charge the market rent for your property, which Clintons would be happy to advise you on. Our philosophy is to maximise the income that you earn from the property, which may not necessarily be the maximum rental value. Every day that your property is empty you are losing income. Clintons will advise you of the rent that should be charged to ensure you achieve the maximum income and minimum void periods.

What deposits are held?
We arrange for a suitable deposit to be taken from the tenants at the commencement of the tenancy (usually 1 months rent), this being returnable once the tenants have moved out, subject to our representative finding everything in order when inspecting the property, and all service charges being paid up to date

What happens if the tenant will not leave/Pay the Rent?
There is much publicity for the problem cases in letting, but none for the many thousands that work out happily for all concerned. Nevertheless, one must accept that there is always a risk when letting to a tenant. However, Clintons reduce this risk by being extremely selective, ensuring that the tenant is both personally and financially responsible and carrying out stringent reference checks to ensure that the best qualified tenant is accepted. Clintons have an excellent record on this issue, of which we are justly proud.

In the event that the tenant will not leave the property or pay the rent, Clintons will take appropriate action to protect your interests.

Can I Insure against a defaulting tenant?
It is possible to insure against a defaulting tenant and there are currently several schemes available. If you would like to discuss the options in greater detail, please do not hesitate to contact one of Clintons helpful staff.

How do I get my Property back?
Landlords must give tenants at least two months’ notice. If possession is required at the end of a fixed term tenancy period, the appropriate Notice must be served at least two months prior. When the tenancy has become periodic (after the fixed term period) two clear months notice need to be given, with the notice expiring on the last day of a tenancy period. Dependent upon when in the month this is served, the required notice period could be as long as 3 months.

Is there a difference between furnished and unfurnished?
Whether your property is furnished or unfurnished, you are entitled to possession of your property. There is a popular misconception that it is more difficult to obtain possession of an unfurnished property but, since the introduction of the 1988 Housing Act, there is now no difference.

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