Five tenancy agreement violations you might not know you’re making

When you take on the tenancy at a new property, it’s an exciting time and it can be easy to overlook some of the detail of the tenancy agreement. However, it’s important to remember that the tenancy agreement is a legally-binding document, and there are consequences for breaching it. You might lose your deposit - no joke if you were planning to put it down on your next rental property. Serious or repeated violations could result in eviction. 

The best way to avoid these horrors is not to breach your tenancy agreement in the first place. In this blog, we highlight some of the most frequent breaches, some of which you might not know you were guilty of.

1.     Not paying the rent

This is an obvious one, and when you take on a rental property, your monthly rent is likely to form the biggest and most important part of your budget. 

If you rent a property with other people, you might be “jointly and severally liable” for the rent. This means that each one of you has a responsibility to pay your share of the rent each month. However, if one of you does not pay, the rest of you are responsible for covering it. Check your tenancy agreement, and think carefully about who you want to rent with. 

2.     Not looking after the property

One of the advantages of renting a property is that if the washing machine breaks or the roof leaks, the landlord is responsible for sorting it out. However, landlords and property managers won’t know there’s a problem unless you tell them. Failing to report a problem is a common tenancy breach. Remember, even if you can live with it, future tenants might not be able to, and the quicker a problem is addressed, the easier it is to fix. 

Some areas of property maintenance do fall to the tenants, and it’s always worth double-checking your responsibilities. Usually changing lightbulbs and smoke alarm batteries is the tenant’s responsibility, as is keeping the garden tidy (if there is one) and washing the windows. On the other hand, redecoration isn’t one of your responsibilities and you shouldn’t do it without permission.  

It goes without saying that you shouldn’t damage the property on purpose, or allow visitors to do so. Accidents do happen, but you should take care of the property as if it were your own. 

If you’re in any doubt about whether you should report a problem or try and sort it out yourself, contact your property manager.

3.     Keeping pets

Pets are not usually allowed in rental properties, but sometimes a landlord will make an exception. If you’re planning to get a pet – even a hamster or fish - and you already rent, ask your landlord first. They might say yes if you’re upfront about it, but trying to keep a pet in secret is asking for trouble. Sadly, a common reason for animals ending up in shelters is that tenants took on pets without checking with landlords – don’t be part of the problem. 

4.     Smoking inside

Since the smoking ban of 2007, it is almost impossible to find a rental property in which you can smoke. Unless you have a “smoking” property, you must go outdoors to smoke (not just lean out of the window) or risk eviction.  

5.     Noise

Most tenancy agreements stipulate that tenants must not do anything to cause a nuisance to neighbours. Sadly, this does happen sometimes, and the most common sort of nuisance caused is noise, whether that’s parties, band practice or arguments. Be considerate – if the landlord gets sick of receiving complaints from neighbours, you could find yourself looking for a new home. 

In our experience, most tenants are considerate people, and the role of the tenancy agreement is simply to clarify do’s and don’ts for tenants and landlord alike. However, it’s important that you stick to the tenancy agreement, or you risk losing your deposit or even being evicted. 

If you have any questions about your tenancy agreement and what you’re responsible for, the Cobbles team are here to 

Five tenancy agreement violations you might not know you’re making

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Posted on Jun 25 2021 by Cobbles

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