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Tenancy Agreement - England & Wales
The property _____________
The landlord _____________ _____________
The tenant _____________ _____________
The term _____________ with monthly rent of £ _____________
The deposit £ _____________ which will be registered with one of the Government authorised tenancy deposit schemes (‘the Tenancy Deposit Protection Scheme’) in accordance with the rules of the appropriate Tenancy Deposit Protection Scheme Rules.
Term starting on 10/20/23
Signed and executed as a Deed by the following parties
Landlord _____________ _____________
Landlord Signature _____________
In the presence of:
Witness signature _____________
Full name _____________
Address _____________
Tenant _____________ _____________
Tenant Signature _____________
In the presence of:
Witness signature _____________
Full name _____________
Address _____________
IMPORTANT NOTICE TO LANDLORDS:
- The details of ‘The LANDLORD’ near the top of this Agreement must include an address for the Landlord in England or Wales as well as his/her name, or all names
in the case of joint Landlords. - Always remember to give the written Section 21 Notice Requiring Possession to the Tenant (Lawpack form F406) at least two clear months before the end of the
Term if you want the tenant to vacate. You can serve the notice later, but the term then continues until at least two months after it is served. For properties in
England, you must not serve Section 21 Notice in the first four months of the initial tenancy. - Before granting the tenancy agreement, you should check whether your chosen deposit scheme provider requires you to insert any additional terms concerning
the deposit into the tenancy agreement or to alter or delete any of the terms appearing in the form below. Details of the websites of the scheme providers are set
out in Note 4 for tenants below.
IMPORTANT NOTICE TO TENANTS:
- In general, if you currently occupy this Property under a protected or statutory tenancy and you give it up to take a new tenancy of the same or other
accommodation owned by the same Landlord, that tenancy cannot be an Assured Shorthold Tenancy and this Agreement is not appropriate. - If you currently occupy this Property under an Assured Tenancy which is not an Assured Shorthold Tenancy your Landlord is not permitted to grant you an Assured
Shorthold Tenancy of this Property or of alternative property and this Agreement is not appropriate. - If the total amount of rent per annum exceeds £100,000, an Assured Shorthold Tenancy cannot be created and this Agreement is not appropriate.
- Further information about the Government-authorised Tenancy Deposit Schemes can be obtained from their websites: The Deposit Protection Service at
www.depositprotection.com, My Deposits at www.mydeposits.co.uk and The Tenancy Deposit Scheme at www.thedisputeservice.co.uk. - Your landlord should provide you with an Energy Performance Certificate. In England, he should also provide a Gas Safety Certificate and a copy of the
government’s How to Rent guide. - In England, landlords must carry out checks on your immigration status and you should provide your original passport and any other documents required by him.
TERMS & CONDITIONS
- This Agreement is intended to create an Assured Shorthold Tenancy as defined in the Housing Act 1988, as
amended by the Housing Act 1996, and the provisions for the recovery of possession by the Landlord in that
Act apply accordingly. The Tenant understands that the Landlord will be entitled to recover possession of the
Property at the end of the Term. - The Tenant’s obligations:
2.1 To pay the Rent at the times and in the manner set out above.
2.2 To pay and to keep the Landlord indemnified against all charges in respect of any electric, gas, water,
sewage, internet and telephonic or televisual services used at or supplied to the Property and Council Tax
or any similar property tax that might be charged in addition to or replacement of it during the Term.
2.3 To keep the interior of the Property in a good and clean state and condition and not damage or injure
the Property or the items on the Inventory (if any) (fair wear and tear excepted).
2.4 To yield up the Property with full vacant possession and the items on the Inventory (if any) at the end of
the Term in the same clean state and condition it/they was/were in at the beginning of the Term (but the
Tenant will not be responsible for fair wear and tear caused during normal use of the Property and the
items on the Inventory or for any damage covered by and recoverable under the insurance policy
effected by the Landlord under clause 3.2).
2.5 Not to make any alteration or addition to the Property and not without the prior written consent of the
Landlord (consent not to be withheld unreasonably) do any redecoration or painting of the Property and
to carry out any permitted redecoration or painting to a professional standard using such colours and
materials as the landlord shall approve.
2.6 Not do anything on or at the Property which:
(a) may be or become a nuisance or annoyance to any other occupiers of the Property or owners or
occupiers of adjoining or nearby premises
(b) is illegal or immoral
(c) may in any way affect the validity of the insurance of the Property and the items listed on the
Inventory or cause an increase in the premium payable by the Landlord
(d) will cause any blockages in the drainage system and in the case of breach of this clause the
Tenant to be responsible for the reasonable cost of such repair or other works which will be
reasonably required.
2.7 Not without the Landlord’s prior consent (consent not to be withheld unreasonably) allow or keep any
pet or any kind of animal at the Property.
2.8 Not do or fail to do anything which will lead to the landlord being in breach of any licence granted under
Part 2 or Part 3 of the Housing Act 2004.
2.9 To use the Property as a private residence for the Tenant and such other occupiers as the Landlord has
expressly permitted only. The Tenant is not to have any other lodgers or long-term guests at the Property
without the Landlord’s express consent and is not to commit any action that would lead to the Landlord
being in breach of any obligation regarding the licensing of the Property as a House of Multiple
Occupation pursuant to Part 2 of the Housing Act 2004.
2.10 To ensure at all times that all adults residing in the Property have a Right to Rent as set out in Part 3,
Immigration Act 2014. The Tenant shall be responsible for carrying out Right to Rent checks with respect to
any sub-tenants, lodgers or long-term guests, whether their presence is permitted by the Landlord or not.
2.11 Not sublet, charge or part with or share possession or occupation of the Property.
2.12 Not to assign the tenancy without the Landlord’s consent which will not be unreasonably withheld or
delayed. The Landlord may ask the Tenant to enter into a guarantee agreement in respect of any assignee.
2.13 To allow the Landlord or anyone with the Landlord’s written permission to enter the Property at
reasonable times of the day to inspect its condition and state of repair, carry out any necessary repairs and
gas inspections, and during the last month of the Term, show the Property to prospective new tenants,
provided the Landlord has given at least 24 hours’ prior written notice (except in emergency).
2.14 To pay the Landlord’s reasonable costs reasonably incurred as a result of any breaches by the Tenant of
his obligations under this Agreement, and further pay the Landlord’s reasonable costs of responding to
any request for a consent which the Tenant may make of the Landlord under this Agreement.
2.15 To pay interest at the rate of 4% above the Bank of England base rate from time to time prevailing on any
rent or other money lawfully due from the Tenant under this Agreement which remains unpaid for more
than 14 days, interest to be charged daily from the date the payment fell due until payment.
2.16 To provide the Landlord with a forwarding address when the tenancy comes to an end and to remove all
rubbish and all personal items (including the Tenant’s own furniture and equipment) from the Property
before leaving.
2.17 Not to tamper with any smoke or fire alarm fitted by the Landlord, and to ensure that any batteries in said
alarms are replaced as required, and to test said alarms not less than once every calendar month and to
promptly report any defect in the alarms to the Landlord.
2.18 To keep any garden tidy and in good condition, carrying out any pruning, lopping, mowing of the lawn,
weeding or other such garden maintenance as might be expected of a reasonable tenant. - The Landlord’s obligations:
3.1 The Landlord agrees that the Tenant may live in the Property without unreasonable interruption from the
Landlord or any person rightfully claiming under or in trust for the Landlord.
3.2 To insure the Property and the items listed on the Inventory and use all reasonable efforts to arrange for
any damage caused by an insured risk to be remedied as soon as possible and to provide a copy of the
insurance policy to the Tenant if requested.
3.3 To keep in repair (where provided by the Landlord)
3.3.1 the structure and exterior of the Property (including drains, gutters and external pipes)
3.3.2 the installations at the Property for the supply of water, sewage, gas and electricity and for
sanitation (including basins, sinks, baths and sanitary conveniences)
3.3.3 the installations at the Property for space heating and heating water
3.4 But the Landlord will not be required to
3.4.1 carry out works for which the Tenant is responsible by virtue of his duty to use the Property in a
tenant-like manner
3.4.2 reinstate the Property in the case of damage or destruction if the insurers refuse to pay out the
insurance money due to anything the Tenant has done or failed to do
3.4.3 rebuild or reinstate the Property in the case of destruction or damage of the Property by a risk
not covered by the policy of insurance effected by the Landlord.
3.5 If the property is a flat or maisonette within a larger building then the Landlord will be under similar
obligations for the rest of the building but only in so far as any disrepair will affect the Tenant’s
enjoyment of the Property and in so far as the Landlord is legally entitled to enter the relevant part of the
larger building and carry out the required works or repairs.
3.6 To arrange for the Tenant’s Deposit to be protected by an authorised Tenancy Deposit Protection
Scheme and provide the Tenant with the required information in accordance with the provisions of the
Housing Act 2004, and to comply with the rules of the Tenancy Deposit Protection Scheme at all times.
3.7 To promptly repair or replace any smoke or fire alarm installed by him at the Property which is reported
by the Tenant as being defective. - Ending this Agreement
4.1 If at any time
4.1.1 any part of the Rent is outstanding for 14 days after becoming due (whether formally demanded
or not) and/or
4.1.2 there is any breach, non-observance or non-performance by the Tenant of any covenant and/or
other term of this Agreement which has been notified in writing to the Tenant and the Tenant
has failed within a reasonable period of time to remedy the breach and/or pay reasonable
compensation to the Landlord for the breach and/or
4.1.3 any of the grounds contained in the Housing Act 1988 Schedule 2 apply and/or
4.1.4 the Tenant is declared bankrupt or enters into an arrangement with some or all of his creditors
the Landlord may recover possession of the Property and this Agreement shall come to an end, subject
to the Landlord complying with the proper legal procedure. The Landlord retains all his other rights in
respect of the Tenant’s obligations under this Agreement. Note that if possession of the Property has not
been surrendered and anyone is living at the Property or if the tenancy is an Assured or Assured
Shorthold Tenancy then the landlord must obtain a court order for possession before re-entering the
Property. This clause does not affect the Tenant’s rights under the Protection from Eviction Act 1977.
4.2 If the Tenant stays on after the end of the fixed term with the consent of the Landlord, a new tenancy will
arise that will run from month to month or week to week (‘a periodic tenancy’). This periodic tenancy can
be ended by the Tenant giving at least one month’s written notice to the Landlord, the notice to expire
at the end of the rental period. - The Deposit
5.1 The Deposit will be held in a stakeholder capacity in accordance with the Tenancy Deposit Protection
Scheme Rules as issued by the relevant Tenancy Deposit Protection Scheme.
5.2 No interest will be payable to the Tenant by the Landlord in respect of the Deposit save as provided by
the rules of the relevant Tenancy Deposit Protection Scheme.
5.3 Subject to any relevant provisions of the rules of the relevant Tenancy Deposit Protection Scheme the
Landlord shall be entitled to claim from the Deposit the reasonable cost of any repairs or damage to the
Property or its contents caused by the Tenant (including any damage caused by the Tenant’s family and
visitors) and for any rent in arrears and for any other financial losses suffered or expenditure incurred by
the Landlord as a result of the Tenant’s breach of these terms and conditions, provided the sum claimed
by the Landlord is reasonably incurred and is reasonable in amount. The Landlord is not entitled to claim
in respect of any damage to the Property or its contents which is due to ‘fair wear and tear’ i.e. which is
as a result of the Tenant, his family, or other permitted occupiers (if any) living in the property and using
it in a reasonable and lawful manner.
5.4 As soon as is practicable at the end of the Tenancy, the Landlord should inform the Tenant whether any
deductions are proposed.
5.5 If there is no dispute, the deposit will be allocated according to the deductions agreed. If agreement
cannot be reached, any of the parties can refer the matter to the relevant Tenancy Deposit Protection
Scheme for adjudication.
5.6 If the Tenant comprises more than one individual, each of them agrees with the other(s) that any one of
them may consent on behalf of all the others to use alternative dispute resolution through a Tenancy
Deposit Protection Scheme to deal with any dispute about the deposit at the end of the tenancy. - Other provisions
6.1 The Landlord hereby notifies the Tenant under Section 48 of the Landlord & Tenant Act 1987 that any
notices (including notices in proceedings) should be served upon the Landlord at the address stated with
the name of the Landlord overleaf.
6.2 The Landlord shall be entitled to have and retain keys for all the doors to the Property but shall not be
entitled to use these to enter the Property without the consent of the Tenant (save in an emergency) or
as otherwise provided in this Agreement.
6.3 Any notices or other documents (including any court claim forms in legal proceedings) shall be deemed
served on the Tenant during the tenancy by either being left at the Property or by being sent to the
Tenant at the Property by first-class post. Notices shall be deemed served the day after being left at the
property or the day after posting.
6.4 Any person other than the Tenant who pays the rent due hereunder or any part thereof to the Landlord
shall be deemed to have made such payment as agent for and on behalf of the Tenant which the
Landlord shall be entitled to assume without enquiry.
6.5 Any personal items left behind at the end of the tenancy after the Tenant has vacated (which the Tenant
has not removed in accordance with clause 2.16 above) shall be considered abandoned if they have not
been removed within 14 days of written notice to the Tenant from the Landlord, or if the Landlord has
been unable to trace the Tenant by taking reasonable steps to do so. After this period the Landlord may
remove or dispose of the items as he thinks fit. The Tenant shall be liable for the reasonable disposal costs
which may be deducted from the proceeds of sale (if any), and the Tenant shall remain liable for any
balance. Any net proceeds of the sale to be returned to the Tenant at the forwarding address provided
to the Landlord.
6.6 In the event of destruction to the Property or of damage to it which shall make the same or a substantial
portion of the same uninhabitable, the Tenant shall be relieved from paying the rent by an amount
proportional to the extent to which the Tenant’s ability to live in the Property is thereby prevented, save
where the destruction or damage has been caused by any act or default by the Tenant or where the
Landlord’s insurance cover has been adversely affected by any act or omission on the part of the Tenant.
6.7 The Tenant confirms that the Landlord supplied him with a certificate complying with the Energy
Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007 prior to the
Tenant entering into this Agreement. If the property is in England the tenant confirms that the Landlord
has supplied him with a certificate complying with the Gas Safety (Installation and Use) Regulations 1998,
and a copy of the document entitled ‘How to Rent: the Checklist for renting in England’.
6.8 Where the context so admits:
6.8.1 The ‘Landlord’ includes the persons from time to time entitled to receive the Rent.
6.8.2 The ‘Tenant’ includes any persons deriving title under the Tenant.
6.8.3 The ‘Property’ includes any part or parts of the Property and all of the Landlord’s fixtures and
fittings at or upon the Property.
6.8.4 All references to the singular shall include the plural and vice versa and any obligations or
liabilities of more than one person shall be joint and several (this means that they will each be
liable for all sums due under this Agreement, not just liable for a proportionate part) and an
obligation on the part of a party shall include an obligation not to allow or permit the breach of
that obligation.
6.8.5 All references to ‘he’, ‘him’ and ‘his’ shall be taken to include ‘she’, ‘her’ and ‘hers’.
6.8.6 Any obligation on the Tenant to do or not do something includes an obligation on the Tenant
to use his reasonable endeavours to ensure that no other person does or fails to do that same
thing.
6.8.7 ‘Stakeholder’ means that the Deposit is held by the Landlord as a neutral party pending the
agreement on its payment at the end of the Tenancy.
What is a tenancy agreement?
A tenancy agreement serves as a contractual arrangement between a private tenant (referred to as a ‘contract holder’ in Wales) and a landlord. It’s important to note that unless specified otherwise, when we mention ‘tenants,’ we also include ‘contract holders.’
Residential tenancy agreements are designed for renting residential properties, while commercial tenancy agreements are intended for renting commercial properties.
In England, the most common form of residential tenancy is the assured shorthold tenancy (AST). You can find further details about ASTs by reading our resource on residential tenancies.
In Wales, starting from December 1, 2022, the majority of residential properties will be leased under an occupation contract. More information about this can be found in our resource on residential tenancies in Wales.
In Scotland, all residential tenancies initiated on or after December 1, 2017, fall under the category of private residential tenancies. For additional information on these, please refer to our resource on residential tenancies in Scotland.
What distinguishes renting out a room from renting out a room in your home?
When you are renting out a room, you are renting out a room in a property you own but do not live in. Under a room rental agreement:
- the owner will not live at the property
- the tenant has the right to use a bedroom at the property, and
- the tenant has the right to use other rooms along with other tenants
When you are renting out a room in your own home, you will be granting a lodger the right to use a spare room in the property you live in. Under a lodger agreement the owner will live at the property and the lodger is given use of a bedroom and has the right with the owner to use other areas in the property such as a bathroom, kitchen and garden. For more information, read Taking in a lodger.
Why do I need a tenancy agreement?
It is important to have an agreement in place between a landlord and a tenant in order to lay out all the rights and responsibilities of each party during the term rental agreement.
Use this tenancy agreement form if you are letting a house, a flat, a room, a room in a property you live in, or a commercial property. These straightforward tenancy agreements will help you avoid all the hassles of letting and make repossession simple.
Which type of tenancy agreement should I select?
There are many different lettings documents so you’ll need to make sure you choose the right one for your particular situation from the list above.
A tenancy agreement can be used both for a flat or a house. It is the most common type of agreement in England, Wales and Scotland and gives the tenant the exclusive right to use and occupy a house or flat for a certain period of time. These tenancy agreements should not be used for properties outside of England, Wales or Scotland.
If you are renting out a spare room in your home, a lodger agreement can be used.
A room rental agreement is used when you want to rent out several rooms to multiple occupants at the same time. You should only use a room rental agreement if you do not live at the property in question.
For more information on residential tenancy agreements, read Residential tenancies, Residential tenancies in Wales and Residential tenancies in Scotland.
You should use a commercial lease if you are renting out commercial property (eg an office) to a commercial tenant (eg a business or charity). For more information, read Entering a commercial lease and Commercial property in Scotland.
What distinguishes renting out a room from renting out a room in your home?
When you rent out a room, you are leasing a room within a property that you own but do not reside in. Under a room rental agreement:
1. The property owner does not live on the premises.
2. The tenant is granted the right to use a bedroom within the property.
3. The tenant also has the right to use other shared areas, which may be shared with other tenants.
Conversely, when you rent out a room in your own home, you are permitting a lodger to use a spare room within the property where you reside. Under a lodger agreement:
1. The property owner lives at the property.
2. The lodger is provided with the right to use a bedroom.
3. Additionally, the lodger has the right to use common areas within the property, such as the bathroom, kitchen, and garden, which are shared with the property owner.
For more detailed information on the subject, please refer to our resource on “Taking in a lodger.”
What are the responsibilities of a residential landlord and tenant?
Both landlords and tenants have certain obligations under the tenancy agreement. This includes obligations that are not expressly mentioned in the tenancy agreement but will be implied by the Housing Act 1988 (ie the statute that governs the laws between landlords and tenants).
Examples of landlord obligations and responsibilities include:
- carrying out basic repairs
- ensuring relevant health and safety checks are conducted (eg gas safety checks, providing smoke alarms and making sure wiring and electrical appliances are safe)
- giving tenants sufficient notice (usually 24 hours) to inspect the property
- not unnecessarily interfering (eg landlords should not let themselves into the property without the permission of the tenant or make it uncomfortable for the tenant to live in the property)
Examples of tenant obligations and responsibilities include:
- keeping the property in good condition
- paying the rent and utility bills
- not damaging the property and making sure any guests are well-behaved
- not subletting the property
- allowing the landlord to carry out inspections of the property
For more information, read Tenant’s and owner’s obligations and Tenant’s and owner’s obligations in Scotland.
What are the duties of both a commercial landlord and tenant?
Within the framework of a commercial lease, both commercial landlords and tenants bear several responsibilities, such as rent payments and allowing access to the property. However, the most critical obligations typically revolve around maintenance. As a general guideline:
Tenants are tasked with the upkeep of the property and the restoration of the property to its initial condition as it was at the outset of the lease.
Landlords are responsible for addressing any structural repairs required to sustain the integrity of commercial properties.
For a more comprehensive understanding of these responsibilities and repair obligations concerning commercial property, please refer to our resource on “Commercial property repair obligations.”
What is the role of a guarantor in a tenancy agreement?
A guarantor is an individual who agrees to cover the tenant’s rent payments in case the tenant fails to do so. In situations where tenants do not fulfill their rent obligations, the guarantor becomes legally responsible for ensuring that the rent is paid. Guarantors are typically utilized when renting out residential properties.
If you include a guarantor clause in your tenancy agreement, it’s advisable to assess the guarantor’s financial capability to pay the rent if the tenant defaults, often by conducting a credit check. For further details, please consult our resources on “Picking a tenant” and “Picking a tenant in Scotland.”
How long does a tenancy agreement typically last?
In England, an Assured Shorthold Tenancy (AST) should have a minimum duration of 6 months. However, it can extend for a longer period as agreed upon by the landlord and tenant.
In Wales, an occupation contract’s duration is determined by the agreement between the landlord and the contract holder, lasting until it is terminated through the appropriate process. For additional information, please review our resources on “Ending your tenancy early” and “Repossessing property in Wales.”
In Scotland, a private residential tenancy is indefinite and continues until the tenant decides to vacate the property or the landlord relies on one or more of the 18 grounds for eviction.
The duration of a commercial lease varies depending on whether the tenant has security of tenure, which grants them the right to renew the lease. If security of tenure is in place, the tenant can renew the lease, and the landlord can only decline to grant a new lease under specific circumstances. If security of tenure has been excluded (contracted out of), the lease will terminate upon the expiry date. For more insights, please refer to our resource on “Renting commercial property.”
When is an assured shorthold tenancy agreement not suitable?
When is an assured shorthold tenancy agreement not suitable?
An assured shorthold tenancy (AST) agreement should not be used in the following situations:
- When no rent is payable on the property.
- When the rent exceeds £100,000 per year.
- When the property is intended as a holiday home.
- When the property is leased to a private limited company.
- When the property is owned by the Government or the Crown.
- When renting property in Wales.
- When renting property in Scotland.
What is the difference between an assured shorthold tenancy and assured tenancy?
The primary distinction between an assured shorthold tenancy (AST) and an assured tenancy lies in the landlord’s right to regain possession of the property:
- Under an AST, the landlord has an automatic right to reclaim the property at any time after the fixed term of the tenancy agreement has ended, without having to provide a specific reason. However, they must give tenants 2 months’ notice.
- Under an assured tenancy, the tenant has security of tenure, and the landlord does not have an automatic right to regain possession. The tenant’s tenancy is more secure, and the landlord must rely on specific grounds for eviction as outlined in the Housing Act 1996. By default, a tenancy agreement is considered an assured shorthold tenancy unless an assured tenancy is explicitly established.
What makes a tenancy agreement invalid?
A tenancy agreement can be declared invalid if it contains unfair terms, as defined by the Unfair Terms in Consumer Contracts Regulations 1999. Unfair terms can render a contract void, which means that they will not be enforceable. Tenancy agreements should align with the statutory obligations of both parties and should not include unenforceable or impractical clauses, such as requiring the tenant to pay for professional cleaning of the property.
How do I end a tenancy agreement?
Both landlords and tenants can terminate a tenancy agreement, but certain conditions apply. Normally, neither party can end the tenancy agreement before the initial fixed term expires unless there is a break clause in the agreement or both parties agree to end the tenancy (referred to as ‘surrender’ in England and Wales).
In some cases, a break clause may be included in the tenancy agreement, allowing the tenant and landlord to terminate the tenancy before the end of the fixed term by providing the required notice. For further details, consult our resource on “Ending your tenancy early.”
Landlords can terminate the agreement by giving notice in accordance with their specific circumstances and the relevant regulations. For more information on this process, refer to our resource on “Tenant eviction.”
How do I end a tenancy agreement?
Both landlords and tenants can terminate a tenancy agreement, but certain conditions apply. Normally, neither party can end the tenancy agreement before the initial fixed term expires unless there is a break clause in the agreement or both parties agree to end the tenancy (referred to as ‘surrender’ in England and Wales).
In some cases, a break clause may be included in the tenancy agreement, allowing the tenant and landlord to terminate the tenancy before the end of the fixed term by providing the required notice. For further details, consult our resource on “Ending your tenancy early.”
Landlords can terminate the agreement by giving notice in accordance with their specific circumstances and the relevant regulations. For more information on this process, refer to our resource on “Tenant eviction.”