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On the Government's website it lists the types of tenancies, which makes me think that by law one is constrained to choosing one of those tenancies only and not have the option to create your own or customise one of those agreements by removing the standard clauses found within those agreements although you can add your own.

Am I right in my understanding?

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  • Is there something in particular you would like to see in a tenancy that isn't already covered? Bear in mind that that page only lists residential tenancies, and that residential tenants have certain legal protections regardless of the type of tenancy. In contrast, commercial tenancies have different rules. Oct 20, 2016 at 9:14
  • @SteveMelnikoff Not really.And Yes it is residential tenancies that I am enquiring about, will edit my question to make that more clear.
    – Aboudi
    Oct 20, 2016 at 18:32

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The standard tenancy types create certain minimum rights which cannot be changed by contract.

Beyond that, the standard clauses are common recommendations, but they're not required. You don't have to have a written tenancy agreement at all - though that's not recommended.

Ultimately, anything can be written into a contract, so long as it meets certain criteria, e.g. any requirements have to be legal, reasonable, etc.

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  • Does that mean that in a standard STA agreement you can't remove this clause "6. If the Tenant does not pay the rent due to the Landlord under this agreement within 14 days of the due date, the Tenant will be issued with a reminder from the Landlord, in writing, for which there is a charge of £20. Interest will also be charged at the rate of 5% per annum, calculated on a daily basis from the due date until the rent is paid."
    – Aboudi
    Oct 20, 2016 at 18:35
  • The legislation says nothing about fining the tenant for late payment, so you could ask the landlord/letting agent to remove that clause...but they could say no. Oct 20, 2016 at 19:33
  • Thanks, where do I find the legislation?
    – Aboudi
    Oct 21, 2016 at 20:15
  • Assured shorthold tenancies were created by the Housing Act 1988. However, a more readable guide can be found on the Shelter website. Oct 21, 2016 at 20:42

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