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How a Landlord Agreement Works

By: Garry Crystal - Updated: 1 Sep 2017 | comments*Discuss
 
Landlord Agreements Tenant Contracts

Whenever a landlord agrees to rent a property to a tenant there will be a number of terms and conditions that are made. Landlords have responsibilities to provide a service for a tenant that goes beyond simply renting out a property. Landlord agreements can cover a wide variety of obligations and requirements in respect to the property and the tenant.

Tenancy Contracts

A tenancy contract between a landlord and a tenant will be a legally binding agreement regardless of whether the contract was made in writing or by verbal agreement. Even if no actual written contract exists, and it is always a wise move to make a written contract, the agreement will still stand. All of the agreements that were made between the landlord and the tenant will be known as the terms and conditions of the contract, and if either party breaks any of the terms and conditions then they can be charged with breach of contract.

The Terms and Conditions

Usually a landlord will have a standard contract that will contain a list of requirements, obligations and expectations. A landlord will agree to provide the property in exchange for a rental price, usually paid weekly or monthly. But on top of simply providing accommodation there will be a number of landlord agreements regarding the service he or she provides.

Common Landlord Agreements

There are a number of terms that will be standard but a landlord can make a number of his or her own provisions in the contract. As long as these provisions do not take away any of the tenant’s rights, and they have been agreed by both parties then it is quite feasible for any number of requirements to be made. These can include:

  • Agreements on repairs to the property.
  • Agreements on a period of notice.
  • Agreements on whether or not to allow pets in the property.
  • Agreements on whether or not to provide television licences.
  • Agreements on rental prices.
  • Whether to furnish the property or not.
  • The right for the tenant to sublet a room.
  • The right for a tenant to buy the property.
  • Agreement on the type of tenancy contract.
This is not a definitive list of agreements, and many more can be placed into the tenancy contract at the request of either the tenant or the landlord. As long as the terms and conditions are clearly defined, understood, and agreed by both parties then the contract will be legally binding. The tenancy contract can then be used as a point of reference if there are any disputes over any of the landlord’s agreements in the future.

Rent Increase Agreements

A common legal requirement of certain types of tenancy contracts will be that rent cannot be increased; this will be one of the landlord’s agreements. This will only be the case if the tenancy type was an assured shorthold or fixed term tenancy. If the contract expires then the tenancy can be renewed with an increase in the rent. As this was an original clause in the tenancy contract any enforced rent increase may result in legal action on behalf of the tenant, and financial damages can be claimed.

Breach of Contract

If a landlord breaks any of the terms and conditions that were used in the original contract then he or she will be in breach of contract. By doing this the landlord will have effectively broken the agreement they have made with the tenant and there could be legal consequences for this action.

Landlord agreements are legally binding and they give assurances to the tenant that is paying rent on a property. The tenant is required by law to be treated fairly by the landlord as set out in the tenancy contract. But the landlord must also agree to abide by laws that were set out specifically to protect a tenant’s rights. Failure to do so could be deemed a criminal offence, and there could be severe consequences if any of these rights are broken and legal action is taken.

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I wonder if you can give me some advice. My daughter is in a shared tenancy for uni accomodation with 3 other tenants and is struggling to afford the rent. It was agreed that if she finds a replacement to take over her tenancy then she could be released. She with the landlord, found a replacement tenant and was advised from the landlord that she needed an email from the other tenants, listing all their names to confirm that they agreed for the new person to take over her tenancy and move into the house. She also put this in writing herself by email confirm she was also happy for this to happen. All students were given an email outlining they were happy with the new tenant and each was shown the email and once they all agreed it was emailed to the company. The comapny in question were asked if they needed signatures from each tenant and my daughter was advised no, no signatures were required and an email would suffice. The landlord confirmed they recieved the email from as requested confirming all tenants were happy with the new tenant moving in, in place of my daughter and the new tenant was advised confirmation confirming his tenancy had been recieved. He then paid a holding deposit to secure the room as this is what the landlord told him he must do and was advised the next step was for him to confirm a moving in date and to sign a deed of assignment. This all happened at the end of last week. However after the bank holiday weekend one of the tenants then backt racked and said that he had not seen the email confirming he agreed to the new tenant and that he now didn't agree to them moving in and that they had now found someone else that they knew to take over the tenancy. The lanlord accepted this and told them as they had not signed anything they could do this? so the new tenant was told he could not move in and his tenancy as a replacement for my daughter was no longer accepted, so stopping my daugher leaving the tenancy. The person they also said they wanted then pulled out saying he no longer wanted the room. What I would like advise on if whether once a deposit has been paid and an agreement has been made by email and also verbally, is this not legally binding? Are the tenants and landlords in breach of contract as this is very bad practice that they can treat people in this manner. My daughter did everything that she was advised to do, in regards to the landlords policy to meet their requirements. The current tenants have now turned nasty against my daughter and its not a safe environment for her to live in. Please can you help me in what rights and redress I have in this issue please and if this practice is legal and acceptable? Thanks
Smiler - 1-Sep-17 @ 1:57 PM
I wonder if you can give me some advice. My daughter is in a shared tenancy for uni accomodation with 3 other tenants and is struggling to afford the rent. It was agreed that if she finds a replacement to take over her tenancy then she could be released. She with the landlord, found a replacement tenant and was advised from the landlord that she needed an email from the other tenants, listing all their names to confirm that they agreed for the new person to take over her tenancy and move into the house. She also put this in writing herself by email confirm she was also happy for this to happen. All students were given an email outlining they were happy with the new tenant and each was shown the email and once they all agreed it was emailed to the company. The comapny in question were asked if they needed signatures from each tenant and my daughter was advised no, no signatures were required and an email would suffice. The landlord confirmed they recieved the email from as requested confirming all tenants were happy with the new tenant moving in, in place of my daughter and the new tenant was advised confirmation confirming his tenancy had been recieved. He then paid a holding deposit to secure the room as this is what the landlord told him he must do and was advised the next step was for him to confirm a moving in date and to sign a deed of assignment. This all happened at the end of last week. However after the bank holiday weekend one of the tenants then backt racked and said that he had not seen the email confirming he agreed to the new tenant and that he now didn't agree to them moving in and that they had now found someone else that they knew to take over the tenancy. The lanlord accepted this and told them as they had not signed anything they could do this? so the new tenant was told he could not move in and his tenancy as a replacement for my daughter was no longer accepted, so stopping my daugher leaving the tenancy. The person they also said they wanted then pulled out saying he no longer wanted the room. What I would like advise on if whether once a deposit has been paid and an agreement has been made by email and also verbally, is this not legally binding? Are the tenants and landlords in breach of contract as this is very bad practice that they can treat people in this manner. My daughter did everything that she was advised to do, in regards to the landlords policy to meet their requirements. The current tenants have now turned nasty against my daughter and its not a safe environment for her to live in. Please can you help me in what rights and redress I have in this issue please and if this practice is legal and acceptable? Thanks
Smiler - 31-Aug-17 @ 11:46 PM
@ SiMONE Thanks very much for your advice Simon, I agree to your point of view. Cheers!
KB - 22-Aug-17 @ 10:27 PM
@KB - If you want to stay in your flat mate....I'd accept his offer in writing. Absolutely if your landlord doesn't like you, your landlord can find some way of getting you out. If you're going to take it to court you have to be sure and doubly sure you're going to win, as if you don't..........? Plus, once you take it to court, all previous verbal agreements of not putting the rent up next year will be thrown out the window. Also it could be the court might decide your landlord has offered you fair compentation and side with the landlord than you would be subjected to costs. My warning is be very careful! Look at every option to resolve this issue outside of court first. Remember, taking the matter to court will cost and there is no guarantee you will win the case.
SiMONE - 22-Aug-17 @ 12:08 PM
Thanks for an immediate response. I am considering to take the matter to court considering the parking inconvenience everyday, additional insurance premium I would need to pay and the way they are trying to force me into a compromised situation. (I get a feeling that this property management company would have done the same thing to other tenants in the building as there are limited parking places and number of tenants are more, not sure though) My further questions: If I go to court now, it would make the property management company(landlord) unhappy and may increase the rent next year and may also ask me to vacate the property by giving some reasons. 1. Would he be in a position to increase the rent next year by giving any valid reason? Would I be able to appeal against it ? 2. Can the Landlord ask me to vacate the place next year after my one year contract is over by giving any made up reason? What options would I have in such situations since I dont want to change the house? Thanks once again for your advice.
KB - 21-Aug-17 @ 7:30 PM
KB - Your Question:
Hello! I need an advice! I have moved into a rented property a month back. As per the agreement and the rental advertisement, one car parking is included in the property. It was a major consideration when I decided to move into this place.After moving in, it turned out that the parking place is restricted and can not be used. The landlord was aware of the issue from the past tenants, and still the availability of parking was mentioned in the contract as well as the property advertisement. Upon raising this issue, he is now offereing me to deduct mere £25 from the rent and promise not to increase the rent next year. He is also agreeing to provide me a car park when another one gets free withing same property which really doubt happening. I am asking him for more deduction (~£75) because it's painful to find a parking slot everyday near the house on the street because it's a busy area just off a busy road. Moreover, The monthly residential parking rates within that area is minimum £75-£90. The landlord doesn't not agree to it and offers me to terminate the contract without any charges and leave the property. But I liked the place and want to continue to live in there at least for two years as I don't want to keep changing the house as it's a painful activity,specially when I have moved the house just a month back. Another thing, my car insurance premium will increase now by few hundreds because I am parking my car on the street rather than a residential car park. I think the Landord (it's a property management company) is in clear breach of the agreement and I am expecting reasonable deduction from the rent. Please advice what should I do in this situation ? Note: I live in Northern Ireland Thanks

Our Response:
Strictly speaking, if you are unable to use the car park when you were told you had an allocated space, then this is a breach of contract. The rule in contract is that if one party breaches it, the other party is entitled to be put in the position they would have been had the contract been performed correctly. This means you would be entitled to be reimbursed any cost and/or inconvenience. If neither of you can agree then you do have a right to go for compensation but claiming this can be tricky and would involve taking the matter to court. Therefore, unless you are greatly financially and/or otherwise inconvenienced through having to park elsewhere, you may wish to accept a compromised agreement.
ContractsAndAgreements - 21-Aug-17 @ 2:31 PM
Hello! I need an advice! I have moved into a rented property a month back. As per the agreement and the rental advertisement, one car parking is included in the property. It was a major consideration when I decided to move into this place. After moving in, it turned out that the parking place is restricted and can not be used. The landlord was aware of the issue from the past tenants, and still the availability of parking was mentioned in the contract as well as the property advertisement. Upon raising this issue, he is now offereing me to deduct mere £25 from the rent and promise not to increase the rent next year. He is also agreeing to provide me a car park when another one gets free withing same property which really doubt happening. I am asking him for more deduction (~£75) because it's painful to find a parking slot everyday near the house on the street because it's a busy area just off a busy road. Moreover, The monthly residential parking rates within that area is minimum £75-£90. The landlord doesn't not agree to it and offers me to terminate the contract without any charges and leave the property. But I liked the place and want to continue to live in there at least for two years as I don't want to keep changing the house as it's a painful activity,specially when I have moved the house just a month back. Another thing, my car insurance premium will increase now by few hundreds because I am parking my car on the street rather than a residential car park. I think the Landord (it's a property management company) is in clear breach of the agreement and I am expecting reasonable deduction from the rent. Please advice what should I do in this situation ? Note: I live in Northern Ireland Thanks
KB - 20-Aug-17 @ 7:54 PM
Scatman - Your Question:
We are 8 months into a 12 month contract and after asking for the last 3 months where our deposit is secured we have been met with a constant silence and refusal to answer our question. Its now obvious our deposit isnt secured the way it should have been by law and looks highly unlikely we will get it back. Its written in the lease that it would have been secured by deposit scotland and hasnt been. And after checking the other two theres no record. We want to leave the property early now and give 4 weeks notice without seeing out or paying the further 4 months rent. Can we legaly do this as hes breached his own tennancy agreement. All rent and bills are upto date.

Our Response:
You can see more via the gov.uk link here which may help you further. We cannot advise whether you can leave the agreement because of this. You may wish to negotiate this directly with your landlord if he/she has breached the agreement.
ContractsAndAgreements - 1-Aug-17 @ 3:12 PM
We are 8 months into a 12 month contract and after asking for the last 3 months where our deposit is secured we have been met with a constant silence and refusal to answer our question. Its now obvious our deposit isnt secured the way it should have been by law and looks highly unlikely we will get it back. Its written in the lease that it would have been secured by deposit scotland and hasnt been. And after checking the other two theres no record. We want to leave the property early now and give 4 weeks notice without seeing out or paying the further 4 months rent. Can we legaly do this as hes breached his own tennancy agreement. All rent and bills are upto date.
Scatman - 1-Aug-17 @ 12:21 PM
Hi, Please can someone help with my problem. I was away from my flat for a little over three months. I paid rent upfront for this three month period prior to going overseas to my family. I returned to find that my landlord had, without my permission, entered my flat and was using it for personal storage because when I returned his junk was still in my place. From the photos I took it can be clearly seen that there was no place for this item in my flat however he went on to explain that he thought I could use it. It was blatant that he was lying and making excuses. The furniture he stored in my paid for flat had other junk items in it and it cluttered my already full space. He was extremely blasé about his actions and even went on to tell me that he needed to leave it somewhere after another tenant from the flat down the corridor moved out. I pay him £770 pcm exclu bills. Can I refuse to pay him the full rent for the next three months given he used my place without my permission for his personal use? What action if any can you advise I take on this without the legal route? He also admitted to throwing my council tax letter away without my permission. Thanks in advance, P
Purdy - 2-Jul-16 @ 1:07 PM
Hi, We had an office which was on initial 6 month contract and during this period had issues with heating and internet. Stupidly we renewed another 6 months in same serviced office building for different room but same issues. Our contract states no pets or animals strictly allowed but yet there is a tenant who has been allowed to bring her dog in which occasionally walks into our office. We don't really mind this too much but seeing as we have a rude and unhelpful landlord would this suffice a break clause ? A quick reply would be extremely helpful for us. Many thanks in advance.
Jm50 - 26-Nov-15 @ 5:56 PM
Rosh- Your Question:
Hi, We moved into our property in November 2014 and soon realised that the heating in the property did not work. We informed our management agency and landlord who did nothing about it. We also had bad mould in the property and we're told we need to adequately heat it, but we couldn't as none of the heating worked! We tried to get these issues fixed for the 10 months we were there and our landlord wouldn't do anything about it or contact back. I ended up in hospital with pneumonia, possibly due to the black mould which was horrific but she still did nothing. She clearly breached her contract by not supplying adequate heating to the property and now wants to use our deposit for some repairs. Where do we stand? We were paying full rent for a property with no heat!

Our Response:
You can find out more information via the Shelter link here regarding your options.
ContractsAndAgreements - 11-Nov-15 @ 1:52 PM
Hi, We moved into our property in November 2014 and soon realised that the heating in the property did not work. We informed our management agency and landlord who did nothing about it. We also had bad mould in the property and we're told we need to adequately heat it, but we couldn't as none of the heating worked! We tried to get these issues fixed for the 10 months we were there and our landlord wouldn't do anything about it or contact back. I ended up in hospital with pneumonia, possibly due to the black mould which was horrific but she still did nothing. She clearly breached her contract by not supplying adequate heating to the property and now wants to use our deposit for some repairs. Where do we stand? We were paying full rent for a property with no heat!
Rosh - 10-Nov-15 @ 4:58 PM
@BobJ - You are bound to stick to the terms of your contract. However, your landlord must ask your permission to enter or bring viewers to see the property and you have a right to refuse if it is not convenient. I still think you will bound to the contract, but you could make life difficult for your landlord regarding showing around potential buyers if he/she wont allow you to leave before your tenancy expires.
JB - 5-Nov-15 @ 10:35 AM
Hi, Advice needed please! My landlord is selling the property we are renting and has told us that we will need to leave at the end of our contract in 3 months time. We tried to ask her kindly if we could leave sooner, giving one months notice as we wanted to be moved before Christmas and another property became available, she has just ignored our calls and text messages. Eventually the letting agent informed us that she would not allow us to leave earlier! Now when the property went on the market a month ago we could not get her and her estate agent off the phone. But we have had nothing in writing and on several occasions I have returned home from work to find the estate agent showing potentional buyers around, with no notification, let alone '24hrs notice in writing' as stated in our contract. So does this mean that the landlord has breached our contract? And we can actually leave earlier with no repercussions? Thanks
BobJ - 4-Nov-15 @ 6:45 AM
@Eazy - If you have to give four weeks notice, and this is part of your tenancy agreement, you can ask your landlord to agree to accept a shorter notice period on the basis the repairs requested have not been carried out.
OllieB - 3-Nov-15 @ 1:49 PM
Further to my question..the lack of lights has been ongoing for nearly three months now...
eazy - 31-Oct-15 @ 4:47 PM
Myself,my partner and our five month old son are currently in a property rented from a private landlord,we had notified the landlord of an electrical fault which has left us with no lights in our second floor two storey falt and no lights or emergency lights the communal stairwell.we have found a new place but our contract with the current landlord has expired and he insists on 28 days notice in writing..we just want out as soon as is possible,what are our options?
eazy - 31-Oct-15 @ 4:42 PM
Reyn - Your Question:
Hi I rent a room in a shared house, my contract states that all bills should be included yet we are constantly being left without gas and electricity, I have in past topped up the key meter myself and then under paid my rent by the amount but I don't think this is correct and I budget my money tightly which means this is not allways possible, on top of this the contract States wifi is to be included yet I have had no wifi for over a month now, the oven has been broke for a month as well, I have contacted landlord numerous occasions and he just says he will get things fixed, where do I stand

Our Response:
As specified in the article, if a landlord breaks any of the terms and conditions that were used in the original contract then he or she will be in breach of contract. By doing this the landlord will have effectively broken the agreement they have made with the tenant and there could be legal consequences for this action. Please see Shelter article, link here which shows you how to make a complaint against your landlord. I hope this helps.
ContractsAndAgreements - 30-Oct-15 @ 1:39 PM
Hi I rent a room in a shared house, my contract states that all bills should be included yet we are constantly being left without gas and electricity, i have in past topped up the key meter myself and then under paid my rent by the amount but I don't think this is correct and I budget my money tightly which means this is not allways possible, on top of this the contract States wifi is to be included yet I have had no wifi for over a month now, the oven has been broke for a month as well, I have contacted landlord numerous occasions and he just says he will get things fixed, where do I stand
Reyn - 29-Oct-15 @ 2:30 PM
Penny - Your Question:
Hi 3 months ago , I moved into a house, advertised with a gas fire & heating.I have a disabled person in my family who feels the cold through taking tablets. We have been without a fire for the months as its been disconnected ? Which we didn't know of when we moved in.I've been in touch with the agent every week and even the landlord knows about it !We are being told you need a new one now !but nothing has been done from week one how do I get help please !

Our Response:
Please see CAB link, 'doing the repairs if your landlord won't', here which I hope will help. Please also re-iterate in a letter the importance of having this work done quickly due to your disabled family member's health.
ContractsAndAgreements - 28-Oct-15 @ 11:48 AM
Hi 3 months ago , I moved into a house, advertised with a gas fire & heating. I have a disabled person in my family who feels the cold through taking tablets. We have been without a fire for the months as its been disconnected ? Which we didn't know of when we moved in . I've been in touch with the agent every week and even the landlord knows about it ! We are being told you need a new one now !but nothing has been done from week onehow do I get help please !
Penny - 27-Oct-15 @ 4:41 AM
hi, I have moved into a brand new property. first of all the house wasn’t registered and still isn’t. should the landlord have done this before we moved in? I also didn't sign the infinity. surely I was meant to sign this ? We are having loads of problems with the house including leaks through the ceiling, garage frame fallen off, back doors not locking correctly etc. I have tried calling him a number of times and sent text msgs as we have no address and no email. Please help me out on how I can get out of this unsafe house. thank you
jme - 25-Jul-15 @ 12:31 PM
Hi we signed a new 6 month contract 15th march after ours expired in January. Then exactly a week later they told us they where putting the house up for sale. We have seen noticed we have not had a gas safety certificate since October 2012 as this forms one of the terms on the contract are they in breach of contract? Thanks
Concerned1720 - 29-Mar-15 @ 1:35 PM
@eiger - It is illegal for a landlord or agent to enter their property without agreement from you, the tenant. While they have the right to ‘reasonable’ access to carry out repairs, they would need to ask for the tenant’s permission, and give at least 24 hours notice. As specified in the article if a landlord breaks any of the terms and conditions that were used in the original contract then he or she will be in breach of contract. By doing this the landlord will have effectively broken the agreement they have made with the tenant and there could be legal consequences for this action. I hope this helps.
ContractsAndAgreements - 2-Feb-15 @ 11:57 AM
Hi My landlord has entered my property without notification or permission on at least 5 times in the last 3 weeks - that I am aware of. I notified the agent on 22/1 who did not act on my email. I have again advised they are entering the property and the agent said ' we didn't know, we will make sure they ask permission in future.' As they have breached the contract does that now make the contract null and void? Thank you.
eiger - 30-Jan-15 @ 6:06 PM
@niceguy - you shouldn't have to give him these personal details!
Becca - 30-Jan-15 @ 2:28 PM
hello i am about to rent a parking space of a land that am the ownet. the tenant is asking me a copy of my land contract a coppy of my identity card and and copy of bank statement account tht he will keepnwith him. as far as i know must give him a copy of he agreeement lease only bit he wants a copy of my title deed to keep with him. is that obligatory to give him? is that damgerous?
niceguy - 29-Jan-15 @ 8:31 PM
@Cheryl - as with the comment below, who was a person in a similar situation, if you do not hear back from your landlord - then you could ask if they are in agreement for you to get several quotes, arrange for the work to be done yourself and receive assurance that they will pay before the work commences. Or, you could also ask if you could pay for repair work yourself and then deduct the costs from your rent. However, in this case you will have to be careful to make sure you keep a record of all correspondence, as it could result in a disagreement and lead to eviction through rent arrears. You should also check your tenancy agreement regarding what they are laible for. If your landlord still refuses to carry out the necessary repairs which they are legally obliged to, then it is important that you speak to a solicitor before taking any further action. I have also added a link to Shelter who offers constructive advice and template letters here . I hope this helps.
ContractsAndAgreements - 27-Jan-15 @ 12:06 PM
Hi I moved into a private rented property on the 30th Oct 2014 where we signed a contract withthe landlord and estate agents for all repairs to be completed within three months of tenancy commencing it is now the final week for this to happen and I haven't heard anything either for over a month so landlord will be in breach of breaking the contract the place is not livable as there is a massive whole above the stairswhich is getting worse with the bad weather I have had to stay at my mums as the place is making myself and my 1 year old son I'll. I am 8 and half months pregnant I will not be able to take a new born into the property in the condition it is in and there is also dry rot what do I do if she does break the contract what ate my rights this is first time I rented so all new to me thank you
Cheryl - 26-Jan-15 @ 4:31 AM
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