Once the owner and the tenant come to a mutual decision, they have to sign an important piece of agreement, which is known as the Tenancy Contract. The Tenancy Contract is the pact signed by both parties, one being the tenant and the other being the owner of the property. This document allows the tenant to stay at the property of the owner and gives the owner the right to receive the payment for letting the tenant to reside at his property.
The contract is signed as a legal formality and is a proof of the tenancy, in order to avoid any disputes between the parties after the property has been occupied. The tenancy agreement can be both oral and written. However, it is advised to have it written, since the oral agreement results in many arguments and clashes, as it cannot be verified. As a written document, the contract is more authentic as a proof of the consent. In case of problems, you can easily approach to the authorities with the agreement.
The contract for the tenancy should follow certain guidelines. It should be designed as per the rules imposed in a country. It will not be any good if it does not focus on all the legal formalities. Both parties are eligible for certain benefits, if they design the agreement as per the law of the country and are accountable as well in case of violation.
Each point of the tenancy contract should be clearly mentioned separately in points to avoid any misunderstanding in the future, which in the end will be signed by both parties, proving their consent. A third person, who acts as a guarantor should be present at the time of the agreement, since he will be responsible for making sure that every month’s rent is being paid as per the defined time line and due dates. The starting and ending date of the tenancy should be clearly mentioned in the contract as well.
The payment that the tenant has to submit to the owner, has to be stated in both words, as well as numbers next to the agreed due date for the payments. The owner of the property will then give a written testimonial about the security deposit that he has the right to keep till the tenure of the tenancy. Even the amount of the security deposit has to be in words as well as in numbers.
The way through which the owner will receive his monthly payment, should be clearly mentioned in the agreement. The owner can either agree to receive payments directly, by cheque or cash, or any other way upon which they agree. If the payment is to be done through a third person, it has to be mentioned too in order to have a documented proof of all details.
The tenancy contract will also comprise of minute details such as the responsibility of the tenant to pay off all the bills of the facilities he uses, such as electricity, water, gas, along with the fees of reconnection of any facility (if required), television license fee and others. It should be clearly mentioned in the contract that the tenant is bound to take care of the house and only use it for residential purpose. On the other hand, it should also mention the duty of the owner to pay for all the maintenance and repairs, pay the taxes as well the details of the insurance of the property.
The tenancy contract proves to be a record of all mutual agreements decided by both parties, and hence, they are bound to abide by it in order to avoid any disputes.
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