Written versus oral agreements
Contents
England
The law only requires you to provide a written tenancy agreement for a fixed-term tenancy that will run for more than 3 years; but you're strongly advised to have a written agreement for all tenancies. A fixed-term tenancy that will run for more than 7 years must be registered with the local Land Registry office.
You must also have a written tenancy agreement before you can use the accelerated possession procedure – see Accelerated possession procedure.
Written statement of main tenancy terms
If you don't provide a full written tenancy agreement, a tenant who has an assured shorthold tenancy that started on or after 28 February 1997 has a right to ask for a written statement of the main terms of the tenancy, including:
- The date the tenancy began
- The amount of rent payable and the dates on which it should be paid
- Any rent review arrangements
- The length of any fixed term that's been agreed
The tenant must apply in writing for a written statement; you must provide it within 28 days of receiving the request. If you don't provide it, you could be fined.
Scotland
You must give your tenant a written copy of all the terms of their tenancy. This may be in the form of an electronic document. If you do not have a written agreement the tenancy terms will be determined by the First-tier Tribunal on an application by the tenant.
You're strongly advised to have a full written tenancy agreement (which may include additional tenancy terms or conditions) to give you full control of the terms of the tenancy.
There are nine tenancy terms that you must include in any private residential tenancy (PRT) agreement you use. The nine terms can be found in the legislation.
If you have a new tenant, you must give them a copy of the agreement before the end of the day that the tenancy starts.
If the tenant already lives in the property you must give them a copy of the new agreement within 28 days of the tenancy becoming a private residential tenancy.
If the terms of the tenancy change after it has started, you must give the tenant a copy of the amended agreement within 28 days of the change coming into effect.
The PRT has special rules on signatures. You and your tenant can agree to 'sign' the tenancy agreement by typing your names in the electronic document and sending it by email. You and your tenant can still sign a paper copy of the tenancy agreement if you prefer to do this instead.
You and your tenant can agree to communicate by email on all matters relating to the tenancy. This would include important notices, such as notices to tell the tenant that you are putting their rent up, or that you are evicting them.
Northern Ireland
You must provide a written tenancy agreement for a fixed-term tenancy that will run for more than 1 year. A fixed-term tenancy that will run for more than 21 years must be registered with the local Land Registry.
You're strongly advised to have a full written tenancy agreement (which may include additional tenancy terms or conditions) to give you full control of the terms of the tenancy.
Tenancy information notice
You must give a tenancy information notice to your tenant within 28 days after the date the tenancy is granted. This phrase is used in the legislation that sets this requirement, but there's no clear definition of what it means – it's likely to be interpreted as the date the tenancy agreement is signed.
You can use our document Tenancy information notice (Northern Ireland) to create a suitable notice.
If you don't provide a tenancy information notice
You must provide the notice within 28 days of granting the tenancy. If you don't, you'll be committing an offence. You also run the risk of having certain conditions being included automatically into the tenancy 'by operation of law', which you wouldn't necessarily have agreed to if you were negotiating them (such as the landlord's right to entry and inspection, the term of the tenancy and the length of the notice to quit).