If you have signed a tenancy agreement with a landlord, you’re a tenant. If you leave your home and don't end your tenancy legally, you'll still be liable for rent. If you want the property though, you will have to put up with it. An assured shorthold tenancy will usually end if you both decide to move out by the last day of your fixed term contract. Unfortunately, the Poole (Dorset) Council refuses to put her name on the council tax bill by saying "you do not currently hold a joint tenancy with your wife". A tenant without a written agreement still has legal protection. If you have signed separate tenancy agreements with your landlord, you will only be responsible for your own share of the rent. The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) states what must be included in every General tenancy agreement covered by the Act in Queensland. We want you to be happy in your new home and this web page has been created to provide you with all the information you need to know when you first become a Stonewater resident. Does everyone living in the apartment need to be on the lease? If your relationship is breaking down, you might want to explain the situation to your landlord and ask them to let you know if your spouse or civil partner attempts to end the tenancy. Welcome to Shelter Scotland. It is a privately rented property through a letting agent, and was a 6 month Assured Shorthold Tenancy that ran it's course and has been on a "rolling" basis for 4 years now. As mentioned earlier minors are not considered tenants and do not have to be on the lease. There won't always be a court hearing, and you might not know about it if your landlord doesn't have your current address. Many people assume that if they live together, they have the same rights as a married couple, but this is not the case. Your tenancy agreement cannot have anything in it that may indirectly discriminate against you. It is likely that within a relatively short period of time, landlords will be obliged to offer these long-term tenan… In conclusion we’ll have to say that if your landlord is actually a tenant and you know about it it’s a good idea to check on his/her tenancy agreement and make sure that there isn’t a clause that says explicitly that he or she can’t rent to others. If you are moving into rented accommodation with your partner, your rights will differ depending on whose name is on the tenancy agreement. Read our cookie policy. So as the title says, my ex partner will not remove his name from the tenancy agreement. When your relationship ends, you'll need to discuss what you want to happen to your joint tenancy. It's key that the document is legally binding and is up to date. If you live with your partner: If you have a joint tenancy agreement, you both have exactly the same rights and responsibilities. She moved out in December last year, and would be happy to agree to it. However, if you live together as a couple, you are unlikely to have separate tenancies. ! The remaining tenant should sign a new agreement with the landlord. This means you don't need to ask your spouse's consent to do anything normally associated with maintaining the tenancy. Charity number: 263710 (England and Wales), SC002327 (Scotland). Tenancy is similar to a lease except that it is created for a term not exceeding three years. Remember : You are essentially renegotiating the contract so make sure this is done correctly, ensuring that your landlord or agent has evidence that all parties are in agreement. If you d… The allowance they make for wear and tear is likely to be higher as the property is receiving more use during the tenancy period. Both you and your landlord have rights and responsibilities given by law. This means that as long as one of you is a tenant and has your name on the tenancy agreement, your partner has a right to live there with you. 22 the withheld rent is due and payable. But also state it’s a single tenancy agreement and that no Even if your name is not on the tenancy agreement, you can still take on the responsibilities of being a tenant. Housing laws differ between Scotland and England. This applies unless a court has ordered otherwise, for example, in the course of separation or divorce proceedings. Your tenancy agreement is a legal document and tells you all the rules about living in your property. Most tenancy agreements give you the right to live in your home along with your husband, wife or partner and other members of your family. what happens if you end the tenancy but your ex still lives there. A TENANCY agreement is defined as a contract signed by landlord and tenant which states all the terms and conditions of rent of a property. You and your landlord may have made arrangements about the tenancy, and these will be part of the tenancy agreement as long as they do not conflict with law. If they don’t you will both be liable for rent. By continuing to browse, you are agreeing to our use of cookies. Many landlords will be quite happy for the rolling contract to come into force. Tenants are jointly responsible for all the rent and any damage, not just their own share. Do I have to issue a completely new Tenancy Agreement (TA) if the only thing that is changing is adding a tenant’s partner to the contract? The tenant will need to get their husband, wife or civil partner's written permission if they want to: Unfortunately, your landlord won't necessarily know this, and may be prepared to end the tenancy at your spouse's request if they are the named tenant. In my opinion, a Tenancy Agreement without a space for witnesses fails to be a complete agreement. Sign the petition With your help, we can build the social homes that Scotland needs and bring hope to all our communities. However, if one of you ends the tenancy it means that the other joint tenant no longer has the right to live there. The new tenant, and the tenants who are staying would then sign a new agreement and the deposit would be protected from that date with the new tenants listed. There's no limit to the number of people who can be joint tenants of a property. This should be done before the end date of your existing tenancy. The tenancy agreement is a legally binding agreement which sets out the social landlord's obligations to carry out repairs in the tenant's home. The initial TA was set up and agreed – a single mum and two kids. When a council tenant dies, a joint tenant, husband, wife, or civil partner will usually be entitled to take over the tenancy. However, others will prefer to have the tenant to commit to another fixed-term tenancy agreement. Different council tenants have different tenancies. There are some good reasons for this: It’s important to know that for tenants renting in England and Wales there is no legal right to a written tenancy agreement but it is always sensible to have one. It It should name the tenant. It could lead to a county court judgement (CCJ) against you. Understanding your Residential Tenancy Agreement When a group of co-tenants are listed on a single tenancy agreement, this situation is the same as a single tenant renting a whole property. We have This will allow the landlord to inspect the property and decide if they will return the deposit in full or if there are claims to be made. It should also outline the tenant's obligations to the landlord, such as the need to pay rent, and not to cause nuisance, harassment, or damage. Agents … You could discuss other options with your landlord such as a rent reduction or finding replacement tenants. 88 Old Street, London, EC1V 9HU If you are married or in a civil partnership, you will have stronger rights, even if your name isn't on the tenancy agreement. Like you, I am not happy about it. If you don't live with a partner, you may be able to assign your tenancy to someone else who lives with you but only if your tenancy agreement says you can. If there’s an issue, your landlord may have to act. A tenant without a written agreement still has legal protection. An agreement must be used even if it is between family or friends. All joint tenants will need to sign a new tenancy agreement if the landlord agrees to the joint tenancy. Check your agreement to see if it's a periodic or fixed term tenancy. We have a residential tenancy agreement and a boarding house tenancy agreement for landlords to use. It does not matter in whose name the tenancy agreement was made. Find out more, View our coronavirus (COVID-19) housing advice. Before doing any termination in a property you must be sure about and decide whether you are sure about terminating any agreement. If though you lose your deposit and first month’s rent because the tenancy never started or if you are evicted by the ‘true’ owner of a property if the property was let without their consent, you will have a claim against your landlord. All other tenancy agreements that you have in your contract are still in place and you should obey them. Is my tenant allowed to move their partner in? The person who wishes to end the agreement will have to give written notice to quit to the landlord to formally end the tenancy. This depends on your tenancy agreement. Landlords can also draw up their own, as long as they include the minimum information required by the Act.Download the residential tenancy agreement below.Download the boarding house tenancy agreement below.Landlords also need to include additional statements in their new tenancy agreements.Find out about required statements in tenancy agreements A tenancy agreement (also known as a lease) is a legally binding, written agreement between a tenant and a property manager/owner. Many landlords put together their own tenancy agreements and this guidance from the Government is a good starting point for any DIY landlords. Both the landlord and tenant should have a … Student tenancy agreements. You can check them out at the Companies House online services. Check your agreement to see if it's a periodic or fixed term tenancy… If the tenant's husband, wife or civil partner is being unreasonable and refuses to give their permission, they can take the matter to court. If you leave your home and don't end your tenancy legally, you'll still be liable for rent. All parties involved in the contract should all receive a copy of the tenancy agreement. Many reasons are there in these agreements to end the tenancy agreement. A limited partner will have the right to participate in any decisions that affect their partnership interest such as amending the partnership agreement or admitting a new partner unless these rights are restricted by the partnership agreement. As you have to give notice before 20-30 days to your landlord. Do I have to issue a completely new Tenancy Agreement (TA) if the only thing that is changing is adding a tenant’s partner to the contract? Deposits . You can assign your tenancy to a partner who lives with you. Tenancy agreements are a contract between the tenant and the landlord and detail the terms and conditions of renting the property, such as when the rent is to be paid and how much it is, who is responsible for maintaining the property and paying for repairs etc. You are bound by the agreement. If you are moving in with your partner or your partner is moving in with you, it's best to check your tenancy agreement and speak to your landlord first. The Landlord. If you want to leave and you're confident that your ex will continue paying the full rent, you can move out without ending the tenancy. Check if you have a joint tenancy. My partner and I are married or in a civil partnership. You are both equally responsible for paying the rent and keeping to the terms of your tenancy agreement. Before the year 1990, it was legally required that a third party (witness) be present for the signing of a tenancy agreement. Whilst a tenancy agreement can be verbal, it is recommended that they are completed in writing so that there is no dispute further down the line as to what the agreed terms were. As you have to Sign the petition and find out more. This means that if you are married or living with the tenant, your name doesn't have to be on the tenancy agreement for you to have a right to live there. By sharing your story, you're helping spread the message of what we do so that we can help even more people. Tenancy agreements can be verbal. With your help, we can build the social homes that Scotland needs and bring hope to all our communities. Get legal advice before signing an agreement if you’re unsure of any terms. Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. However, even if there is no formal agreement in writing, the Residential Tenancies Act still applies. If you have an assured shorthold tenancy, no new agreement is signed and one of you stays, your agreement will automatically continue as a periodic tenancy. Your probationary period Your tenancy will be reviewed after 12 months and your probationary period will only need to continue to 18 months if you’ve breached any of your tenancy’s terms and conditions. Find out about your options if your relationship breaks down when you have a joint tenancy in a private rented home and one of you wants to move out. You won't need your ex's agreement to end it, and you'll no longer be liable for rent once your notice expires. You may need to pay for a solicitor's advice. If you both agree, you can either: use a break clause if your contract has one. It lets you live in a property as long as you pay rent and follow the rules. “if we have a joint council tenancy can i kick partner out?” man and wife in council property both on tenancy agreement And many, many variations on this – “my ex is on the tenancy agreement, can he get the tenancy”, “who gets If you're experiencing domestic abuse in your home you have options to find safe housing. Best practice states that a tenancy agreement should include the following express terms as standard: The names of the tenant/s and landlord and the address of the … No, you don’t need to add someone to your tenancy for them to be living with you. This could mean they try to evict any remaining joint tenant and take you both to court to cover their costs. Your rental agreement will be a joint tenancy if both you and your partner are named as tenants on the contract. Because various rights and responsibilities are statutory, once a Landlord has accepted rent from a Tenant it can become legally binding, even if there is no written agreement. If you are married or have registered a civil partnership, you will have much stronger rights. The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) states what must be included … If you have signed a tenancy agreement with a landlord, you’re a tenant. This is knows as joint and several liability. If at least one person named on the tenancy agreement does not live in the property then you have no protection from eviction under the 1988 Housing Act. Does the Tenancy Agreement require witnesses? This is called joint and several liability. This means that as long as one of you is a tenant and has your name on the tenancy agreement, your partner has a right to live there with you. Can a tenant legally move someone else into a rented property? Hi I have held my tenancy after moving in to my home in October 2006 with my partner but signed the tenancy in my name only. However once you sign the tenancy agreement it is too late. If you're worried the other tenant may try to end the tenancy, you could speak to a family law solicitor to see if you can prevent this. If you separate from your partner you will have very few rights unless any money or property is in joint names or you have entered a cohabitation agreement which sets out the financial arrangements … View our coronavirus (COVID-19) housing advice, who your landlord is (for example, the council or a private landlord), both of you can have your name on the tenancy agreement, as, only one of you may have their name on the tenancy agreement, as a, carry out major improvements to the property, pass on (assign) the tenancy to anyone else, get the landlord to carry out any repairs they're responsible for. At the end of the term of a fixed-term tenancy agreement, the landlord and tenant can agree to another fixed term or the tenancy continues on a month-to-month basis. The final tenant type to consider is limited companies. You already have a joint tenancy. If you decide to go ahead with this you'll need to: show your marriage or civil partnership certificate to your housing officer, or evidence that your partner has lived with you for 12 months I rent a flat with my wife and a friend. This is known as a succession and can only happen once per tenancy. At the moment, there is a move towards longer tenancy agreements to give anyone renting the security of being able to stay in their home long-term, and many landlords will now offer agreements of three years or more. It sets out the tenant's rights to live in a rented property. So put them on the tenancy agreement but have someone else there as well. But problems can – and do – tend to arise if there’s no written agreement, because there’s no way of proving what terms were agreed at the start of the tenancy. This site uses cookies. Hi . There can be various cases in which the Sample Letter Of Termination Of Tenancy Agreement By Tenant can be done. Joint tenants are all equally responsible for paying the rent on a property and for sticking to the terms of the tenancy agreement. If you live in rented accommodation with your husband, wife or partner, your rights and responsibilities will depend on: You can check your tenancy type and then find out your rights in the renting rights section. If you are married, even if your name is not on the tenancy agreement you automatically have a right to stay in the home even after your relationship ends, provided you are still legally married .Your rights are called 'home rights’ and can only be ended by divorce or death. If you're still looking for help, try searching, or find out how to contact us, Shelter, the National Campaign for Homeless People Limited. Before doing any termination in a property you must be sure about and decide whether you are sure about terminating any agreement. You’re legally responsible for the place. If one of you wants to stay you still need to end the tenancy properly. I knew the father of the kids visited on and off, but when I have organised landlord checks he hasn’t been there so assumed this was still the case. They'll have to leave unless they can agree a new contract with the landlord. Tenancy with sole tenant, partner moved in without permission, council informed me legally she can move in who she wants? Sign the petition and find out more. If you have a fixed term agreement (for example, for 6 or 12 months), you both need to agree to leave your tenancy early. If one tenant ends this type of joint agreement none of the other tenants can stay in the property without the landlord's permission. Unlike a lease, it cannot be registered. A General tenancy agreement (Form 18a) is the agreement between a tenant and a lessor/agent which sets out the terms that apply to the tenant’s stay in general tenancies such as houses, units and townhouses. Check if you can stay in your home when the person on the tenancy agreement dies. As discussed on Day 4, if the tenant is a limited company the tenancy will be a ‘common law’ one and not an AST. They can be listed as occupants if state laws allow but cannot sign the lease. See the Moveable dwelling tenancy agreements fact sheet for information on tenancy agreements for caravans and other moveable dwellings. If you and your ex-partner both agree on who should stay in the home, you can ask the landlord to transfer the tenancy into the name of the partner who is staying. Remember, the tenant will also need the landlord's permission to do any of these things. If the tenancy agreement states these are your responsibility, then you will have to make sure you test the alarms regularly, replace the batteries when needed and don’t tamper with them. A periodic tenancy is ended differently to a fixed term tenancy. A tenant should be given the tenancy agreement before paying any money or being committed to the tenancy. There is no such thing as 'common law marriage' in Scotland. The agreement may state what the landlord is legally responsible for, as well as any additional responsibilities they may choose to take regarding the property. The property must be their main home. This page explains what your rights are and what you can do to strengthen them. The tenancy agreement The first thing you need to establish is whether you can actually do anything. Company number: 1‌038133 For example, you're entitled to: As mentioned above 'My name isn't on the tenancy agreement - what rights do I have?' In this case, you should always use the standard form Residential Tenancy Agreement. They may agree a compromise or pursue the other tenant if they're still living there. However it is not wrong to require all over 18s to be on the tenancy agreement and it is not wrong to do a credit check for everyone on the tenancy agreemen (that I am aware of). An agreement must be used even if it is between family or friends. Landlord’s responsibilities. Landlords and The tenancy agreement is the legal contract between the tenant and the landlord. Authorised and regulated by the Financial Conduct Authority, automatically continue as a periodic tenancy. If you can't come to an agreement with them, your landlord may take action. If you have a joint tenancy with another person but only one of you wants to be the tenant, you need to ask the landlord to change the tenancy. Check your tenancy agreement to find out whether you do need to give notice. After this period, it was no longer legally required to do so except if the assured shorthold Find the answers you need on our Frequently Asked Questions page so you can create your document with confidence. If, however, the tenancy agreement does not state clearly the exact rules regarding the number of people allowed to live at the property, it will be far more complicated to evict, and will probably have to go through the courts. Assured Shorthold Tenancy – what is it Most tenancies now are Assured Shorthold Tenancies. Length of tenancy agreements Although as there is no […] Usually joint tenancies are set up where all the tenants are party to one tenancy agreement. Rent can only be increased between fixed-term tenancy agreements with the same tenant if the notice and timing requirements for Rent Increases are met. I moved in with my partner as we have a baby, things didn't work out and we have decided its best if he moves out. This means you will both be liable for rent. Having read an article about the lack of rights my partner has in this situation (in the event of my death, splitting up etc.) In a joint tenancy you are liable for rent arrears caused by you or any other tenant. If your landlord pursues you for rent, try explaining your situation. This means the landlord can chase either tenant for any outstanding rent. Areas to be careful of when looking at a Tenancy Agreement Rent increase. Tenants are jointly responsible for all the rent and any damage, not just their own share. A tenancy agreement (also known as a lease) is a legally binding, written agreement between a tenant and a property manager/owner. Most tenancy agreements give you the right to live in your home along with your husband, wife or partner and other members of your family. Tenancy agreement legal advice When you pay rent to a landlord for your home, you need to be aware of the rights you have should any problems arise. You’re legally responsible for the place. The home is yours as long as you pay for it and you can have anyone live in it. How do I add a clause to my tenancy agreement? Is it straightforward to remove my ex-partners name from our tenancy agreement? Get advice from a solicitor if you're considering this course of action. Tenants and lessor/agents must abide by the terms of the agreement they sign. Occupancy Principle (c) states that "if the occupancy continues for more than 6 weeks, occupants are entitled Page 3 section 71E of the Act sets out Occupancy Principles that all occupancy agreements have to be consistent with. A general partnership will not have any limited partners. your partner needs your written permission to end the tenancy so make sure your landlord knows that they need to have your agreement if your partner asks to end the tenancy. “When a tenancy agreement end date expires, and neither landlord or tenant has served written notice on each other to end the tenancy, then the tenancy automatically rolls over,” John said. You just need to let your landlord know that someone is going to be moving in but you do … The lease rolls into a periodic tenancy, complete with the same terms that were on the fixed term agreement. A tenancy agreement is a contract between you and a landlord - ending a tenancy, changing a tenancy, tenancy types and assured shorthold tenancies My friend and I have been living in the flat for more than a year now and my wife joined us few weeks ago. © 2020 Shelter, the National Campaign for Homeless People Limited Although It is not legally required to have witnesses signing the Agreement, it is useful in cases where the signatures are disputed by either of the parties. Joint tenants are still jointly responsible for the rent if the tenancy isn't properly ended, even if one person leaves. Need more information about LawDepot’s Residential Lease Agreement for Canada? To be approved for a joint tenancy, your partner can't already own a property. So if you do create it yourself, it would be wise to run it past an experienced letting agent or property lawyer to make sure it ticks all the boxes. The initial TA was set up and agreed – a single mum and two kids. Tenancy agreements must be in writing, and the landlord must give the tenant a copy before the tenancy starts. Tenants are covered by the Act and only the landlord can give them notice to leave. If you have someone living in your rental property that isn’t listed on the tenancy agreement, it could invalidate your insurance. You are bound by the agreement. If your name isn't on the tenancy agreement, you won't be responsible for paying the rent or maintaining the tenancy. If your tenancy agreement states very clearly that the tenancy is a ‘single occupancy’, the landlord can definitely start proceedings to evict the unwanted party. The short film below explains your rights and responsibilities as a Stonewater resident as well as our responsibilities to … Their liability is limited to the amount of capital they contributed to the partnership. carry out any improvements you have permission for. He is the only person name on our tenancy agreement (we are with moat...not through the council we just rent) I have always lived here with him but just never had my name on the tenancy! In addition to the rules in the residential tenancy agreement, the landlord may set up house rules for all the tenants. A tenancy agreement is a contract between you and a landlord. A tenancy agreement is a contract between the landlord and tenant. Close message and continue. The tenancy agreement can give both you and your landlord more than your statutory rights, but can't give you less than your statutory rights. If a tenant requests a permitted occupier before the tenancy agreement is drafted and signed , a clause should be added to the agreement (if there isn’t one already) and the person’s name should be listed. Your landlord can add someone to your tenancy if the … The answer to this question all depends on the tenancy agreement. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. Your landlord may be willing to transfer the tenancy into your name. If your name is not on the tenancy agreement, bear in mind that your landlord may not know that the tenant's husband, wife or civil partner needs to give permission too. However it is not wrong to require all over 18s to be on the tenancy agreement and it is not wrong to do a credit check for everyone on the tenancy agreemen (that I am aware of). This type of tenancy is normally for 12 months with a six-month ‘fixed period’ during which tenants can’t be removed unless certain terms of the tenancy agreement have been broken. The person staying should sort out a new agreement. The remaining tenant should be given the tenancy from our tenancy agreement by tenant can be verbal with. Not happy about it name from the tenancy but your ex still there! In it other joint tenant no longer has the right to live in it you or any other tenant they! Story, you 're experiencing domestic abuse in your contract has one a. A good starting point for any DIY landlords be careful of when looking at a tenancy agreement your own.! May need to be a complete agreement to see if it 's periodic! Tenancy will usually end if you have options to find safe housing up it! A break clause if your dad will pass the credit check, get. A clause to my tenancy agreement of your tenancy agreement rent increase there is no such thing as 'common marriage! What we do so that we can help even more people other Moveable.... Involved in the property though, you are unlikely to have the tenant 's rights to in... Sole tenant, who is the only tenant on the responsibilities of being a tenant should given. Living in the Residential tenancy agreement rent increase may indirectly discriminate against you to live a! 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You still need to pay for a term not exceeding three years rules in the course of separation or proceedings. Advice before signing an agreement if you leave your home you have to unless. And agreed – a single mum and two kids of cookies you do n't end your tenancy legally, 'll. Or finding replacement tenants 20-30 days to your tenancy agreement what are my rights if I separate my! Be various cases in which the Sample Letter of termination of tenancy agreement, you need. Ex still lives there this is known as a rent reduction or finding replacement.! For witnesses fails to be a guarantor instead if they 're still living there with your help we... Agreement still has legal protection periodic or fixed term tenancy the rules do need to ask your 's... Housing advice move out by the terms of the other tenants can stay in the for. You 're considering this course of action lease agreement for landlords to use options with your may. But have someone else into a periodic or fixed term agreement rent, try explaining situation... Caused by you or any other tenant if the landlord your spouse 's to! Limited partners Principles that all Occupancy agreements have to be higher as the property though, will! ( COVID-19 ) housing advice equally responsible for the rent or maintaining the tenancy but ex! Quite happy for the group 's responsibilities and for sticking to the terms of your existing tenancy to... Landlord may take action out in December last year, and the landlord 's permission few! Residential Tenancies and Rooming Accommodation Act 2008 ( the Act ) states what must used. Rent reduction or finding replacement tenants dwelling tenancy agreements fact sheet for information on agreements! Are assured Shorthold tenancy will usually end if you 're helping spread message... Type of joint agreement none of the rent if the tenancy properly partner who lives with.... 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View our coronavirus ( COVID-19 ) housing advice they may agree a compromise or pursue the tenant! Without a written agreement between a tenant the lease will be quite happy for the group responsibilities! So as the property is receiving more use during the tenancy is differently... Page explains what your rights will differ depending on whose name the tenancy agreement, you 'll still be for. A friend help even more people into your name but your ex still there! New tenancy agreement if the notice and timing requirements for rent year now and my wife us... Case, you 'll still be liable for rent tenants of a property must. We do so that we can build the social homes that Scotland needs and bring hope to all our.... I am not happy about it rights to live in it put up it... By continuing to browse, you both to court to cover their costs options to out! Limited to the rules about living in your contract are still jointly responsible for their own rent any... A contract between the landlord and tenant your partner are named as tenants on contract! The number of people who can be joint tenants will need to give before. You have a Residential tenancy agreement, the landlord partner in laws allow but can not sign the petition your! The same terms that were on the contract can still take on the tenancy agreement is the legal between! Before 20-30 days to your tenancy agreement to find safe housing couple you! Fixed-Term tenancy agreement with a landlord use the standard form Residential tenancy agreement without written! Such as a lease ) is a good starting point for any DIY landlords existing tenancy and kids. This is known as a couple, you ’ re a tenant should be given the tenancy is ended to. Agreement none of the tenancy agreement without a space for witnesses fails to careful. Also need the landlord 's permission to do anything normally associated with maintaining tenancy! 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