Tenancy Agreement Solicitors

If you are thinking of letting a property, it is important to have a robust tenancy agreement in place setting out your tenant’s responsibilities. A strong agreement will give you the best chance of avoiding misunderstandings or disagreements and having a good and profitable relationship with your tenant.

At Kingsfords, our tenancy agreement solicitors in Ashford, Cranbrook and Hythe represent landlords and tenants in property matters, drafting and advising on tenancy agreements and dealing with issues that arise during tenancies. Our experience means that we are able to deal with difficulties promptly and effectively, stepping in to handle disputes before they escalate.

We are known for the high level of service that we provide, as well as for our legal expertise. We will make sure that you have the support and guidance that you need and we will always take the time to talk through any concerns you may have.

Our tenancy agreement services include:

• Advising on and drafting assured shorthold tenancy agreements
• General advice on letting property, to include regulatory compliance
• Advising on the handling of deposits and guarantees
• Managing rent increases
• Advice on related issues such as tax and landlord and tenant law
• Landlord and tenant disputes
• Evictions

Speak to our tenancy agreement solicitors in Kent today

Speak to one of our tenancy agreement solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545.

Alternatively, please fill in our enquiry form on the right hand side of the page to request a call back.

Our tenancy agreement expertise

Advising on and drafting assured shorthold tenancy agreements

If you are planning to rent a property to tenants, we can advise you on the suitability of an ‘assured shorthold tenancy agreement’, sometimes referred to as an ast contract, and draft an agreement tailored to your needs.

It is important to make sure the right terms and conditions are included to give you the control you want over your property. We will work with you to establish how you want to deal with the tenancy, to include details such as the term, the amount required by way of deposit and how issues such as repairs will be dealt with.

General advice on letting property, to include compliance

If you are letting property, you need to ensure you are compliant with current legislation, including in respect of safety checks, right to rent checks and anti-money laundering regulations. We can advise you of your responsibilities and assist with issues such as applying for a House in Multiple Occupation (HMO) License and ensuring that you have your lender’s consent to letting, if you have a mortgage.

Dealing with deposits and guarantees

As a landlord, you will be required to place the tenant’s deposit with an approved Tenancy Deposit Scheme within 14 days of receipt. We can advise you in respect of deposits, to include any issues that may arise when it is time to return a deposit.

Handling rent increases

If you need to increase the rent, we can advise you of your rights and the best way to do this. Your tenancy agreement may include a rent review clause, in which case you need to follow the terms of this.

If the tenancy agreement does not have a rent review clause, then as a landlord you can use the process set out under Section 13 of the Housing Act 1988. This allows rent to be increased on a periodic assured or assured shorthold tenancy no more than once a year.

You will need to serve notice of the increase on the tenant in the required form. The tenant must be advised of their right to appeal to the First-tier Tribunal (Property Chamber) if they do not agree with the increase.

There are numerous rules surrounding rent increases and we can advise you of the correct process to ensure that you do not compromise your rights.

Advice on related issues such as tax and landlord and tenant law

Being a landlord is not always straightforward and there are numerous issues to take into account, including changes in legislation and tax liabilities.

We can provide the advice and guidance you need to make a success of your rental property. Our team stay up to date with the latest developments in landlord and tenant law and have a sound understanding of the commercial aspects of being a rental property owner.

Landlord and tenant disputes

If you are involved in a landlord and tenant dispute, our Litigation Department can advise you of your rights and the options open to you. We can intervene early on to try and resolve matters before the situation escalates. We are usually able to resolve matters out of court, either by writing a formal letter to the other party or by entering into negotiations to find an acceptable solution.

Where necessary, we can provide expert representation at the property tribunal or court.

Evictions

It is vital to handle evictions carefully to avoid a claim being made against you for harassment or illegal eviction. Our Litigation Department will be pleased to assist.

If you want to end a tenancy after the fixed term period has expired, you will need to serve a Section 21 notice. If your tenant has breached the terms of the tenancy, you can serve a Section 8 notice on them. It is important to draft the notices correctly and observe the required timescales.

We can handle the process on your behalf where necessary and ensure that you have valid grounds for evicting a tenant.

Where necessary, we can apply to the court for a possession order if your tenants fail to vacate the property as required.

Frequently asked questions about tenancy agreements

How can I get a tenancy agreement?

If you are letting a property, you can ask a solicitor to draft the right tenancy agreement for your circumstances. If you speak to our property team, we will discuss your requirements and advise you on the best options.

If you are renting a property, you do not necessarily have a right to a written tenancy contract, although you can ask your landlord if they are willing to provide one.

Does a landlord have to provide a tenancy agreement?

A landlord does not have to provide a tenancy agreement unless it is a fixed-term tenancy for more than three years, but as a tenant you will still have rights even if there is no written agreement in place and your understanding is a verbal one.

Provided you can prove that you have paid rent and show the date on which you moved into the property, you can establish that you are a legal tenant. You will be assumed to have a range of rights, including not to be evicted under Section 21 of the Housing Act, to have quiet enjoyment of the property and for the property to be adequately maintained.

When does a tenancy agreement become legally binding?

A written tenancy agreement becomes legally binding when it is signed and the tenancy will commence on the date stated in the contract. If there is no written agreement, then a verbal tenancy agreement will usually become legally binding when the initial rent and/or deposit are paid and the tenant is given access to the property.

What is break clause in a tenancy agreement?

A break clause in a tenancy agreement allows the contract to be ended early by one or both of the parties. It can be drafted so that both the landlord and the tenant have this right. The clause will generally set out the process to be followed to implement the break clause, including the notice to be given. It will also specify when the clause can be exercised, which is usually not within the early part of the tenancy.

What rights do tenants have?

Tenants have a wide range of rights, including:

• To know the identity of the landlord
• To have the property kept in good repair
• To see copies of the electrical and gas safety certificates
• The right of quiet enjoyment of the property
• Not to be unfairly evicted
• To have the deposit returned at the end of the tenancy, unless the landlord is justified in retaining any of it

If you need more advice about the rights of tenants, we will be happy to advise you. We represent both landlords and tenants in dealing with a full range of tenancy matters and we can ensure that your rights and interests are observed.

For more information in respect of our services, see our residential property page.

Speak to our tenancy agreement solicitors in Kent today

Speak to one of our landlord tenancy agreement solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545.

Alternatively, please fill in our enquiry form on the right hand side of the page to request a call back.