Tenancy Agreement (Northern Ireland)

What is a tenancy agreement?

A tenancy agreement is a contract that sets out the terms and conditions under which a landlord will rent out their property to a tenant. The tenancy agreement makes it clear what the obligations of the parties are and how the tenancy relationship will be managed. This tenancy agreement is specifically to be used where the residential property is in Northern Ireland.

 

What are the different types of tenancy agreement?

The main types of tenancy agreements are commercial tenancy agreement and residential agreement.

A commercial tenancy (England and Wales, Scotland or Northern Ireland) is one where the parties (i.e. the landlord and tenant) are commercial entities.

A residential tenancy is one where the tenant rents the property in order to live in it for the duration of the tenancy. There are different types of residential tenancy agreements, such as:

• Assured Shorthold Tenancy (AST): The tenancy usually lasts for a fixed term but can become a periodic tenancy after the expiration of the original term (i.e. the tenancy becomes renewed month-to-month).
• Assured Tenancy: It is usually for a longer period of time (which can be indefinite).

 

What is the difference between a tenancy agreement and a sublease agreement?

A tenancy agreement is an agreement between the landlord and the tenant who will be residing at the property.

A sublease agreement (England or Scotland) is an agreement between the original tenant and a subtenant (i.e. a new person who will reside in the property). In essence, the original tenant will be renting out the property to the subtenant. The subtenant will pay rent to the original tenant, who will in turn still maintain their obligation to pay rent to the landlord of the property.

 

Is it mandatory to have a tenancy agreement?

No, it is not mandatory to have a written tenancy agreement. However, it is highly recommended to have one for clarity, certainty of obligations, and legal protection.

 

What is not allowed in a tenancy agreement?

It is not permitted to include any clause that requires the tenant to waive any of their legal rights.

It is not permitted to include any clause that is discriminatory (based on race, gender, religion, disability, sexual orientation or any other legally protected characteristic).

 

Who can enter into a tenancy agreement?

The parties to the tenancy agreement will be the landlord and the tenant.

The landlord can be a private individual or a business entity which may be a sole trader, a general partnership, an LLP or a company. The landlord will be the owner of the property.

The tenant will be a private individual who will be using the property as their residence for the duration of the tenancy agreement.

 

What can be the duration of a tenancy agreement?

There is no maximum duration for a tenancy agreement in law. The length of the tenancy depends on the fixed term agreed by the parties (e.g. 1 year, 3 years etc) and can even continue on a periodic basis (i.e month-to-month) after the expiration of the term (as is the case in an Assured Shorthold Tenancy).

 

What has to be done once a tenancy agreement is ready?

Both parties should read the tenancy agreement carefully and thoroughly before signing and where any term or condition of the agreement is not understood, the advice of a solicitor should be sought. Where a party is not prepared to agree to any term or condition contained within the agreement they should refrain from signing.

Where both parties have read and understood the agreement in its entirety they should sign and date the agreement in the presence of a witness who should also sign and date the agreement. Each party should sign and date two copies of the agreement with one copy being kept by them and the other copy being provided to the opposite party.

Where the landlord is a company or partnership, the agreement should be signed by an authorised representative.

Which documents should be attached to the tenancy agreement?

The following documents can be attached to a tenancy agreement:

• An inventory and record of condition that shows state of the property and its contents;
• Deposit protection certificate;
• The Energy Protection Certificate for the property;
• Gas Safety Certificate for the property;
• Rent Book
• Electrical Safety Certificate for the property;
• Tenant Handbook; and
• Contact information booklet/sheet for the landlord, letting agent or the property manager(s).

 

Is it necessary to have witnesses for a tenancy agreement?

No, it is not necessary to have a witness for a tenancy agreement. It is sufficient for the parties to sign the completed agreement. However, the parties can choose to execute the agremeent as a deed, in which case, it will need to be witnessed. A valid witness must be at least 18 years old and someone who is not related to either of the parties.

 

What must a tenancy agreement contain?

A tenancy agreement must contain:

• The details of the parties (names and addresses);
• Details of the residential property;
• The duration of the tenancy;
• The rent amount;
• The deposit amount;
• Repair obligations;
• Permitted use of the property;
• Termination of the tenancy; and
• Other rights and obligations of the parties.

 

Which laws are applicable to a tenancy agreement?

The Housing (Amendment) Act (Northern Ireland) 2011

The Private Tenancies (Northern Ireland) Order 2006

The Rent Book Regulations (Northern Ireland) 2007

The Tenancy Deposit Schemes Regulations (Northern Ireland) 2012

Retained General Data Protection Regulations

Data Protection Act 2018

 

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

 

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.