Tenancy Agreements for Landlords and Tenants

Whether you are living in a rented property or you want to let one of your own, Clough & Willis' specialised team of solicitors can assist you in dealing with the legal technicalities. Landlord and tenant law can be complicated, but our experts have a wealth of experience in making sure the parties to a tenancy agreement understand their obligations and are empowered to resolve disputes.

We can review your tenancy agreement and advise you of your rights and obligations, under both the contract itself and the wider laws governing assured shorthold tenancies. We can also help to negotiate the terms of a rental agreement or help you to make specific provisions that are binding and enforceable. Where necessary, we will advise you on making sure that the provisions of your contract comply with the law, and can offer advice on your responsibilities under the Landlord and Tenant Act 1985.

To learn more about how we can help either party to a rental agreement, or to find out more about the services we offer, contact the Clough & Willis team today. Call us on 0800 083 0815 or fill in our online enquiry form to request a call back.

Clough & Willis' services

A tenancy agreement is a contract between a landlord and a tenant. The main advantage of having a document of this type is that it sets out the rights and responsibilities of both the proprietor and the renter in a way that is legally enforceable. This can prevent future disputes because both sides know what their responsibilities are.

We are able to provide specialist legal advice to both landlords and tenants, including:

• Advising on and drafting tenancy agreements
• Your requirements as landlord including deposit protection schemes
• Energy Performance Certificates
• Tenancy disputes
• Possession proceedings
• Deposit protection scheme disputes

Our team is also able to act on your behalf in the purchase of a buy-to-let property.

It is always best to ensure that an assured shorthold tenancy agreement meets your needs before you sign it, whether as a landlord or a tenant. With our help, you can ensure that you fully understand the provisions of any assured shorthold tenancy agreement and feel confident in fulfilling your side of the contract.

Advising on and Drafting Tenancy Agreements

Our dedicated lawyers will discuss the type and length of tenancy required, as well as any restrictions you would like to place on your tenant.  We will also ask you to consider the deposit you require, and how you want to protect it.

Once we have gathered all the required information, we will draw up a document that is tailored to your needs , and we will explain any related legal issues.

If you are a tenant, we will help you to understand the legal implications of your Tenancy Agreement and any other paperwork involved. The usual agreement is an Assured Shorthold Tenancy, which gives a tenant the legal right to reside at a property for either a set period of time (known as a fixed-term tenancy agreement) or it may roll on a week to week or month to month basis (known as a periodic tenancy).

Whatever the agreement, we will ensure that your interests are protected as much as possible.

Deposit Protection Schemes

All landlords and letting agents are required to protect their tenants' deposits by either insuring them or keeping the deposit in a custodial scheme. If a landlord fails to do so, there can be serious legal consequences - this can even affect a landlord's ability to evict the tenant later.

Energy Performance Certificates

All rented properties are required to have an Energy Performance Certificate (EPC).

The EPC and report must be made available free of charge by the landlord to the tenant or prospective tenant.

Tenancy Disputes 

Should a dispute arise between you and your tenant, we can advise you as to your legal rights and obligations and help you to settle the matter.  If necessary, we can negotiate with your tenant, amend the agreement, commence legal proceedings and attend court hearings.

Possession Proceedings     

Should you wish to reclaim possession of your property, we will advise you on the correct amount of notice to serve on your tenant, and draw up the necessary documentation.  Occasionally, tenants fail to leave when their notice expires, and it then becomes necessary to commence court proceedings.

It is important to say that if a tenant refuses to vacate the property, you must take legal action against them. A landlord who enters the property without the tenant's permission, changes the locks or otherwise infringes on the tenant's rights will often face serious consequences.

The experts at Clough & Willis can guide you through the process of possession proceedings from start to finish, and represent you at court hearings, to ensure that you achieve your desired outcome while fulfilling all of your legal obligations.

Buy to Let

If you are intending to buy a property to let to tenants we will be able to guide you through the process.

How Can Clough & Willis Help?

The team at Clough & Willis has extensive experience in landlord and tenant matters, including representing parties from both sides in court and helping to resolve disputes as amicably as possible. Our solicitors can help you to draft comprehensive tenancy agreements tailored to your needs as the landlord and the specifics of the property. We can also review existing agreements to ensure they are up-to-date with current legislation and provide adequate protection for both parties. With our help, you can make sure all of the relevant legal requirements are met.

If there are problems, we can negotiate the terms of the tenancy agreement on behalf of landlords or tenants, to ensure that the terms are fair and meet our clients' needs. By providing advice on the rights and obligations of both landlords and tenants under the tenancy agreement and the relevant legislation, we can help our clients to understand their legal position should a dispute arise. Common reasons that disputes arise include rent arrears, property damage, or the return of deposits, and our legal expertise can help you to navigate this type of dispute while maintaining a good relationship with the other party. In this way, you will have the option to continue to continue the tenancy once the matter is resolved. If disputes escalate to the point where court action is necessary, our solicitors can represent you in court and offer practical legal advice throughout proceedings.

Our help in this area includes the guidance on handling and protecting tenancy deposits, and landlords' obligation to check whether tenants have a right to rent before letting their property. There are also several pre-rental duties that a landlord must carry out in order to ensure the rental agreement is legal and valid.

The solicitors at Clough & Willis can assist with the renewal of tenancy agreements or the termination of tenancies, and handle these processes smoothly to avoid any needless stress. If changes need to be made to the tenancy agreement during the tenancy, we can advise you on the best way to make these changes, draft any necessary documentation, and support you in communicating these changes to your tenant.

Throughout an assured shorthold tenancy, we can help you to get the most from your tenancy agreement by focusing on the outcomes you want to achieve, and advising you on the legal matters that will affect your decisions.