The legal rights vary depending on the type of lease. Ask your landlord to house your contract in writing. This can help you and your landlord understand your rights and obligations. A rental agreement exists even if there is only an oral agreement between you and your landlord. For example, at the beginning of the lease, you and your landlord agreed on the amount of rent and when it would be payable, whether it contains fuel, or if your landlord can decide who else may reside in the unit. The main difference between a lease and a licence is that a lease generally offers more protection against forced eviction. If you sign a joint lease with another person or group of people, you have the same rights and obligations as the others. The rights provided by law still stand in the way of the rights stated in a written or oral agreement. An agreement that indicates that you or your landlord has fewer rights than those given under common law or law is a fictitious lease.
Other agreements are periodic, i.e. they run week after week or month after month. You can usually recognize the type of lease you have by looking at your agreement. Leases must be established in writing and the lessor must give a copy to the tenant before the lease begins. However, even if there is no formal written agreement, the Housing Act applies. Landlords and tenants cannot evade their obligations by not providing their agreement in writing. Your agreement should say if you have to pay a down payment, which covers it and the circumstances that mean you will not get your deposit back. In addition to the information contained in a typical agreement, a full lease agreement can determine whether the property is established or not (with the possibility of including a description), designate a property manager acting on behalf of the lessor and indicate whether the tenant can manage a real estate transaction on the site. Your right or the right of your landlord to terminate a lease and your right to stay and be safe from eviction depend on the type of lease you have. It is more difficult to prove what has been agreed if not written.
This is because often there is no evidence of what has been agreed or that a particular problem that has not been covered by the agreement may have occurred. Perhaps you can also prove what was agreed in another way, for example with emails or text messages. Decide here if you want monthly rental terms or if you want a longer rent that, in most cases, works year after year. In England and Wales, for information on the rights and obligations of tenants and social housing owners, consult our advice on renting by a social housing tenant. You will find information on the rights and obligations of private tenants and landlords in our advice on renting by a private landlord.