Tenancy Agreements – FAQs Why is a written tenancy agreement necessary for Landlords?
• if there is no written record, there may be disagreement later over what was agreed before the tenant went in although many terms are implied into all tenancies (such as the landlords repairing covenants, and the tenants obligation to allow the landlord access for repairs) a landlord should try to protect his position by inserting suitable clauses into the tenancy agreement, for example forbidding the tenant to carry out alterations to the property • if there is no written tenancy agreement, the landlord will not be able to evict the tenant under the shorthold ground using the accelerated possession procedure • If the landlord is taking a damage deposit which needs to be protected under one of the statutory tenancy deposit schemes, having a tenancy agreement will be a requirement of the scheme • If the rent is being paid by Housing Benefit, they will want to see the tenancy agreement and may refuse to pay benefit until this is produced.
