There is nothing in law that says that you have to provide a formal, written tenancy agreement as a tenancy can be established on a handshake! However, we recommend you get your tenant to sign an agreement so that both parties know their rights and obligations. For example, if you do not want your tenant to keep pets in your property, you will need a proper tenancy agreement that says so.

If you have an Assured Shorthold tenancy which was created after 28th February 1997 without a tenancy agreement, you must give your tenant a statement of the terms of the tenancy if he asks you to give one. Failure to do so is a criminal offence.

If you do not provide your tenant with a tenancy agreement, you cannot seek possession through the accelerated possession procedure and will have to apply for a court hearing to seek possession of your property. This could cost you time so we recommend that you provide a formal tenancy agreement.

There is no need to give your tenant a tenancy for a fixed term. Before the introduction of the Housing Act 1996, it was a requirement to grant an Assured Shorthold tenancy for a minimum of six months. However, tenancies can now be granted on a periodic (week to week or month to month) basis from the start. If you want your tenant to leave, any possession order the court makes cannot take effect until the first six months of the tenancy have passed.

If you do grant a fixed term tenancy and the fixed term comes to an end, the tenancy does not end. It then becomes a periodic tenancy as described above and if you want to end the tenancy, you still have to serve a notice.

Many standard tenancy agreements have "forfeiture clauses&#quot; in them which say that if the rent is unpaid for fourteen days, the landlord can re-enter the premises. The clauses have no real effect in law and do not give you the right to go and change the locks. If you want the tenant to leave, you have to go through the proper, legal process. Contact us for further advice.