What is a tenancy agreement?

A tenancy agreement is a legally binding contract between a landlord and tenant that sets out the terms and conditions of the tenant living in the landlord's property. Tenancy agreements can be verbal or in writing. Most landlords give their tenants a written tenancy agreement.

You won't be able to change the terms of your tenancy agreement if you are renting from the Housing Executive or a housing association. If you rent privately and have a signed tenancy agreement, your landlord cannot change the terms of the agreement during the tenancy.

Get advice if you are worried about signing a tenancy agreement or if your landlord wants to change the tenancy agreement.

Where do tenancy rights come from?
Agreeing the terms of the tenancy
What are the different types of tenancy?
My tenancy agreement has run out
Length of tenancy agreements
Joint tenancies

Where do tenancy rights come from?

Your rights as a tenant come from:

the law,
the agreement you have with your landlord (your tenancy agreement).

All tenants have basic rights which can't be taken away by their tenancy agreement.

Agreeing the terms of the tenancy

Before you move into private accommodation discuss the terms of the tenancy with your landlord or estate agent. If you are renting from the Housing Executive or a housing association you won't be able to change any of the terms of the tenancy agreement.

You need to agree:

the amount of rent payable,
when rent is due,
the length of the tenancy,
if you can leave before the end of the tenancy,
if furniture will be provided,
if you are responsible for internal decoration,
who is responsible for external and structural repairs,
if you can sublet,
if you can take in lodgers,
if you can keep pets,
if you can pass the tenancy on to anyone else,
who is responsible for rates.

Many landlords use standard tenancy agreements where these terms are already set out. It may be difficult to get your landlord to agree to change any of them.

What are the different types of tenancy?

If you rent from the Housing Executive or a housing association, you are a tenant. Most people who rent privately are tenants. However, some people are licensees. Tenants usually have more legal rights than licensees, so it is important to know whether you are a tenant or a licensee.

There are two different types of private tenancy in Northern Ireland:

You have more rights if you have a protected tenancy although these tenancies aren't common. Most people in Northern Ireland who rent privately have fewer rights than protected tenants. You may have different rights if you have a joint tenancy with other people.

My tenancy agreement has run out

Most new tenancies are for six months or a year. This is known as a fixed term. Your tenancy ends when the fixed term ends or your landlord might give you a new tenancy agreement to sign for a further fixed term.

Your tenancy continues on the same basis as before if your landlord:

doesn't give you another agreement,
doesn't ask you to move out.

The only difference is that your tenancy rolls from month to month or week to week rather than being for a set period of time. The length of tenancy depends on how often you pay rent. If you pay your rent monthly, you will have a monthly tenancy; if you pay weekly, you will have a weekly tenancy.

This means that you have less security. Your landlord can evict you by giving you the appropriate amount of notice in writing. The amount of notice your landlord is required to give depends on how long you've been living in the property. Your landlord won't need a reason for asking you to leave.

Length of tenancy agreements

Landlord and tenants may determine the length of the tenancy.

If your tenancy began after 1 April 2007 and your tenancy does not have a fixed term, a tenancy period of six months applies. After six months, the tenancy is a month to month tenancy in the absence of any subsequent tenancy agreement.

This does not apply to protected tenancies.

Your landlord can evict you by giving you the appropriate amount of notice in writing. The amount of notice your landlord is required to give depends on how long you've been living in the property.

Joint tenancies

If you sign a tenancy jointly with another person or group of people you are likely to be joint tenants. This means that you have exactly the same rights and obligations as each other. For example, if one of you does not pay their share of the rent the other(s) will have to pay it.