Commencing tenancy checks are for landlords to satisfy themselves that a prospective tenant is suitable. The tenancy process will involve tenant credit checks, obtaining references and agreeing the contract, whether a HMO licensing agreement or a single tenant occupancy that will be signed between the landlord and their tenant; currently known as an assured shorthold tenancy agreement (an AST).*
Both landlord & tenant must understand their obligations under the tenancy agreement and therefore landlords / agents should always allow tenants and guarantors time to read all items in the tenancy agreement before signing it.
The usual arrangement is for the landlord & tenant to sign the tenancy agreement as the tenancy commences and, the inventory is checked off and agreed. In the case of an AST there are now several other important documents which should accompany the tenancy agreement, and these should be signed and attached to the agreement document itself: gas and electric certificates, deposit protection details, the EPC, the How-to-Rent guide etc. It is critical that the landlord/agent can prove all required documents have been served on the tenant before the tenancy is signed.
* It is planned that rom 1 May 2025, the Renter’s Rights Act (RRA) will end fixed term agreements and tenancies will simply be contracted as an assured tenancy.
