Last Updated December 30, 2024
A Tenancy Agreement is a legal contract that defines the terms and obligations between a landlord and the tenant(s) letting a residential property from them. Tenancy agreements are commonly used when signing up a new tenant for a flat, but they can also be used for letting out rooms, house shares, or mobile homes.
The length of a Tenancy Agreement may be based on a fixed period that ends on a specific date, or it may run on a repeating cycle such as weekly or monthly.
A Tenancy Agreement is also known as:
- Lease Agreement
- Residential Tenancy Agreement
- Tenancy Agreement Form
- Residential Lease Agreement
A Tenancy Agreement sets out the expectations and requirements of the landlord and tenant so that each of them clearly understands the conditions of the tenancy. For example, having a formal tenancy agreement lets the tenant know what is permitted in the living space, including rules regarding the following items:
- Whether pets are allowed, what types of pets, and expectations for pet behaviour
- If tenants are permitted to smoke; either in their flat, on a balcony, or outside the building
- Whether guests can visit or stay overnight
- When "quiet hours" are to be kept
- Scheduled use of onsite laundry machines
At the same time, the Tenancy Agreement can also be used to outline the following responsibilities for the landlord:
- Keep the building and grounds in decent condition and safe from hazards
- Provide timely repairs of vital systems like plumbing and electrical
- Give reasonable notice before entering the tenant's living space
- Ensure that proper fire safety items like smoke detectors and extinguishers are provided and functional
You should create a Tenancy Agreement anytime you let a living space to a tenant. This could be a room or set of rooms in your home, or it could be a flat in a building you own and/or manage.
You can also use a Tenancy Agreement if you own a vacation property and decide to let it out for people to use while they are on holiday.