As a professional, I am writing an article on «assured shorthold tenancy oral agreement». An assured shorthold tenancy (AST) is a common form of tenancy agreement used in the UK to let a property to a tenant for a fixed period. An oral agreement is a verbal agreement between a landlord and a tenant, which can be legally binding.
However, while oral agreements for ASTs are valid, they are not recommended. Having a written agreement provides both parties with a clear understanding of the terms and conditions of the tenancy, which can help to avoid misunderstandings and disputes. A written agreement also protects both parties` rights and interests, should any legal issues arise.
When entering into an oral agreement, it is essential to ensure that certain key elements are discussed and agreed upon. These include the amount of rent, the tenancy start and end dates, the landlord`s obligations, and the tenant`s responsibilities. The landlord must also provide the tenant with any relevant safety certificates, such as a Gas Safety Certificate and an Energy Performance Certificate.
Without a written agreement, it can be challenging to enforce the terms of the tenancy or resolve disputes between the landlord and tenant. In the event of a disagreement, it can be challenging to prove what was agreed upon, resulting in costly legal proceedings.
Additionally, an oral agreement for an AST does not offer the same level of protection as a written agreement. For instance, if a landlord wants to evict a tenant, they must follow the proper legal procedures outlined in the Housing Act 1988. With a written agreement, the landlord can refer to the agreed-upon terms and the eviction process laid out in the agreement.
In conclusion, while an oral agreement for an assured shorthold tenancy is valid, it is not recommended. A written agreement provides both parties with clarity on the terms and conditions of the tenancy, protects their rights and interests, and can prevent costly legal proceedings. If you are a landlord or a tenant, it is always advisable to have a written agreement in place.