Owner Occupier Tenancy Agreement

When should this tenancy agreement be used?

This is for use where you let your own home. You should only use it if you have actually lived yourself in the property and when you lived there it was your only or main home. It does not matter how long ago; nor does it matter that you did not actually own the property when you lived there. If there is more than one landlord then only one of the landlords needs to have lived in the property as his/her only or main home at the time.

What type of tenancy does this create?

The agreement creates a non shorthold assured tenancy. Unlike a shorthold, the tenant does not have the guarantee of a minimum of six months right of occupation from when he/she originally moved in. However, the tenant will be able to live in the property for however long you provide for in the agreement itself (so long as they pay the rent and comply with the tenancy terms). Thus, if you give the tenant a 12 month tenancy he/she can stay there for that period even though it may be your own home.

How do I end this tenancy?

You have to give two months notice using a Section 8 Notice relying on Ground 1 to end the tenancy and obtain a Court order if the tenant will not vacate. You will not be able to obtain a Court order unless any fixed term tenancy has run out before you start Court proceedings for possession. You can serve the Ground 1 notice but you will have to wait until any fixed term has run out. It does not matter if there is a monthly tenancy in place rather than a fixed term. In that situation you can obtain possession once the two month Ground 1 notice has run its course. You can also rely on Section 8 and the other usual grounds if there are rent arrears or a breach of the tenancy terms (e.g. Ground 8 for rent arrears).

The agreement contains the statutory Ground 1 notice warning the tenant that this is an owner/occupier agreement and a Ground 1 applies.

Do I need to protect the deposit?

As the tenancy is a non shorthold you can take a deposit and do not need to protect it under one of the statutory schemes.

Confused?

Is this the correct Tenancy Agreement for you? Read the RLA Guide to Tenancy Agreements.