Do All Tenants Need to Be On the Tenancy Agreement in the UK
Written by, Marija Petkova
Updated May, 16, 2022
Tenancy agreements can be confusing – especially if you’re new to the world of renting properties.
If you’re planning on renting a property with other people, you might be wondering: Do all tenants need to be on the tenancy agreement?
Let’s find out.
Who Needs To Be on the Tenancy Agreement?
When multiple people agree to rent a home, in most cases, all of their names go on the agreement.
Every tenant has to sign the agreement and get a copy of it from the landlord. It’s important to read the contract carefully before signing it, to make sure you understand the terms and conditions.
You may also want to check whether you have a good credit score before you go apartment hunting since it might influence your ability to rent.
Other occupants, such as children, should be listed on the agreement as well. This way, they will be covered by the terms of the lease and can’t be asked to leave the property without notice.
If you’re sharing a mortgage, you can always buy out the other person’s share if they want to move to another place.
Express Terms of Tenancy Agreements
The express terms of an agreement of tenancy are the most important part of the contract.
They usually include the rent amount, when it’s due and how it should be paid. Other important clauses might include the duration of the tenancy, whether pets are allowed, and who is responsible for repairs.
It’s important to note that tenancy agreements in the UK don’t necessarily have to be in a written form. A verbal tenancy agreement in the UK is just as legally binding as a written one, although it can be more difficult to enforce if there’s a dispute.
In the case of a written UK tenancy agreement, both the tenant and landlord should keep a copy of the agreement, and update it if any changes (like transferring a mortgage) occur during the course of the tenancy.
Implied Terms of Tenancy Agreements
A tenancy agreement in England and Wales contains a number of implied terms that are legally binding that were not explicitly stated by the landlord or the tenant.
These implied terms exist to protect the rights of both parties and to ensure that the contract is carried out fairly and in good faith. Some of the most important implied terms include:
- The landlord must make sure that the property is fit for human habitation at the start of the tenancy.
- The landlord must allow the tenant to live in the property without being disturbed by the landlord or anyone acting on the landlord’s behalf.
- The tenant must take reasonable care of the property, keep it clean, and carry out basic maintenance tasks such as changing light bulbs and unblocking sinks.
- The tenant must not cause any damage to the property beyond fair wear and tear.
- The landlord must provide a valid reason for wanting to evict the tenant. They cannot evict the tenant simply because they want to sell the property or move in themselves.
What Information and Documents Must the Tenant Receive?
The landlord has to give a copy of the agreement to the tenant, which includes all of the details regarding the tenancy.
The tenant should also receive a copy of the EPC (Energy Performance Certificate) for the property. This document shows how energy efficient the property is, and what measures can be taken to make it more energy-efficient.
Finally, the landlord is required to send the tenant a written notice of any changes they want to initiate that can affect the tenancy contract.
Tenancy Agreement Changes
Both tenants and landlords are required to follow proper procedures to make changes to the tenancy contract.
If you need to make changes to the agreement, you’ll need to follow the proper procedures, you’ll first need to give written notice of the proposed changes. The notice must be served at least 30 days before the change is set to take effect.
Once you’ve served notice, you’ll need to wait for the other party to respond. If they agree, you can proceed with making the changes. If they don’t, you’ll need to negotiate with them until you reach an agreement.
If you still can’t agree, you can go through mediation or arbitration. Ultimately, you can take the other party to court.
Ending a Tenancy Agreement
Depending on the type of tenancy agreement you have, there are different steps you need to take to ensure you don’t incur any penalties or fees.
It’s always best to check the local law to see when you’re required to give a termination notice and go through your tenancy contract before giving notice, as you may have agreed to different requirements and procedures.
Once you’ve given notice, your landlord will need to agree to end the tenancy. They can only refuse to do so in certain circumstances, such as if you have rent arrears or have caused damage to the property.
If your landlord does refuse to end the tenancy, you can apply to a court for a “notice to quit.”
Bottom Line
Do all tenants need to be on the tenancy agreement? Most landlords require that everyone who lives in the property is named on the agreement, including if they’re underaged.
Frequently Asked Questions And Their Answers
Can my daughter go on my tenancy agreement?
Regardless of family relations, anyone can be added to an agreement, which would mean that they’re a co-tenant and are equally responsible for the rent and any damages to the property unless they are underaged.
Can only one person be on a tenancy agreement?
No, unless the landlord agrees to a different arrangement. Every person who lives in the property should be on the agreement.
Do I have to tell my landlord if someone moves in with me in the UK?
Most landlords require tenants to inform them if someone else moves into the property. This doesn’t necessarily breach the agreement between the parties and the landlord may want to add the other person to the contract.
My name is Marija, and I'm a financial writer at DontDisappointMe. Although finance might not be everyone's cup of tea, my 10+ years of working in one of the biggest banks in my country, and my interest in extensive research on everything finance/investment-related, have made me somewhat of an expert in the field (if I do say so myself). No longer having the passion to work in a corporate setting, I decided that I couldn't let all of this knowledge go to waste so I started writing. And, here I am! Today I try to share my knowledge with my audience in the hopes of making this topic as simple and interesting as possible. In my leisure time, I like spending time with my family and travelling to new locations.