The Residential Tenancies Act outlines three basic tenancy agreements. These are a fixed-term, periodic and service tenancies.
The Fixed term tenancies are for a fixed or specific length of time. They cannot be ended with notice. Periodic tenancies have no fixed length and can be ended by giving ample notice. The last is the service tenancy; this is a contract of service between the landlord as an employer and the tenant as an employee. There is no need for a separate tenancy contract to be drawn up and also rent may not have to be payable.
When signing a tenancy agreement, the type of contact that exists between landlord and tenant should be clearly written on the form. If the tenancy is a fixed term contact, then the date that it ends should also be clearly indicated.
It is essential that all terms be agreed upon by both parties before signing. Further terms can be added to the agreement; however these terms must be agreed upon by both parties and also compliant with the Residential Tenancies Act.
It is very wise and beneficial to both parties to carry out a property inspection before the agreement is signed. The property inspection will give both parties an opportunity to see any damage that exists prior to the new tenant taking residence and also avoid messy problems at the end of the agreement. All chattels in the property should also be detailed including the condition in the property inspection. As part of the inspection, if the tenant is required to pay for water, a water meter reading should be taken.
It is not essential for the tenancy agreement to be in written form. It should be written, but verbal agreements can still be enforced.
If there are any changes to be made or amendments to the tenancy agreement, they must be made and agreed to in writing by all parties involved in the original agreement.
It is wise to get further advice on Tenancy Agreements and understand your responsibilities and rights when it comes to residential tenancy.
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