No matter there are property agency to arrange the Tenancy agreement, both of the landlord and tenant should get sufficient information from each other in order to protect their own rights and prevent future disputes related to the agreements.
From the Landlord side:
The Landlord have to make sure the tenant's financial background is good enough to support the monthly rental. It is better to ask the tenant about the occupation or even ask them to provide the income proof or any previous Landlord reference letter.
From the Tenant side:
The tenant should check with the Land Registry about the ownership of the property and also to see whether this property is under any mortgage from Bank. If there is mortgage attached to the property, there would have risk that the Bank will get back the ownership of the property in case the owner didn't repay the mortgage.
The tenancy agreement should clearly state the following terms regarding the lease term:
- Rental amount Per Month, Per Quarter or Per Year.
- Whether the rent is inclusive of rates, government rent, parking space rental, or management fees, etc.
- Duration of rent-free period and who is responsible for paying expenses such as management fees and rates in that period
- The time for advance payment for rent (for example, before a certain day of the month)
- Payment method (cash, cheque, transfer, etc.)
- If the rent is not paid on time, whether it will be considered as non-payment of rent and any penalties associated with it
- Rental period (stated in years or months)
- The date when the tenancy commences and ends
- Whether a notice needs to be served prior to the expiry of the tenancy
- Whether the tenant has the option to renew the tenancy after the tenancy expires
- Whether there is a “break clause” which allows either party to terminate the tenancy after a certain period of time has occurred or upon occurrence of certain incidents.
Last but not least,
If a tenant is given an option to renew his/her tenancy after the expiration of the agreement, the tenancy agreement should clearly state the period during which the tenant must decide to renew the tenancy or not, the duration and new rental of the renewal tenancy (for example, whether the new rent will be adjusted based on a fixed rate of the current rent, or whether the new rent will be adjusted by negotiation).
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