Residential tenancy agreement

Published byDocMuse

The full tenancy agreement between private individuals: what is let, for how long, at what rent, who pays the utilities and how it is brought to an end. The deposit is tied to a handover record, which is the one thing that later settles an argument about whose it is. The agreement provides for a record both on moving in and on moving out.

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Common questions

Does a tenancy agreement have to be notarised?

For an ordinary tenancy between private individuals, no. Notarisation becomes necessary for a long term and for registration, and also where the landlord wants the agreement to bind a future buyer of the property. For most cases an agreement signed in two counterparts is enough.

Can the landlord enter the property whenever they like?

No. The agreement gives access for inspection and repair, but on prior notice. Owning the property does not override the tenant's right to live in it undisturbed, and entering without warning is among the commonest causes of conflict.

Who pays to repair a burst pipe or a failed water heater?

Repairs made necessary by ordinary use and wear are the landlord's; damage caused by the tenant or the occupants is on their account. That is why the notice has to be in writing — the landlord's obligation starts running from the moment they knew.

Is the handover record compulsory?

The agreement provides for one both on moving in and on moving out, and in practice it is what settles the argument about the deposit. Without a record of the meter readings and a description of the condition, each side asserts its own version and neither can prove it.

Can other people live in the property?

Only those named. The agreement has a separate field for the occupants precisely because their number and identity matter — for the utilities, for the owners' association, and for liability in the event of damage.