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Updated 05.06.2024

Residential tenancy 

Rental of a flat or house in England to a private individual for residential purposes.

Use this contract: 

  • To rent or sublet a flat or house in England.
  • Whether the property is rented with or without parking or other communal facilities.
  • Whether or not there is a co-tenant acting as guarantor or who will be living with the main tenant.

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This contract if governed by the laws of England and complies with real estate regulations

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Protect yourself legally as a landlord with the following options: 

  • Obligation to provide a guarantee, deposit or civil liability insurance, and payment of rent and charges in advance. 
  • Firm prohibition on any non-conforming use, sub-letting, or transfer of the lease without the prior agreement of the landlord. 
  • Guarantee of the joint tenant acting jointly and severally with the principal tenant. 
  • Strict regulations governing the use and operation of the premises and common provisions, compliance with the law and co-ownership rules. 
  • Protective provisions in the event of default, allowing for reminder charges, interest on arrears, requests for advance payment of rent, early termination and eviction. 

Residential tenancy agreement 

A tenancy contract template serves as a basis to draft a legally binding agreement by which the landlord leases or sublets habitable premises to the tenant in exchange for rent payment. Our tenancy contract example defines the rights as well as obligations of the parties and governs their respective responsibilities. 

Landlords may draft a residential tenancy act: 

  • In order to rent or sublet a house or flat for residential purposes. 
  • Whether or not the premises are leased with furniture, garage, or other fixtures. 
  • If the tenant will be living alone or will be acting jointly and severally with a co-tenant or guarantor. 

Key aspects of a residential tenancy agreement 

  • A tenancy agreement form template is often used by individuals wishing to rent or sublet their home or secondary residence. 
  • Such agreement is also commonly concluded by an estate agent company in the name and on behalf of the owner or landlord. 
  • Landlords or property owners frequently demand a security deposit, as well as third-party insurance, and may also implement usage restrictions. 
  • Tenants often ask for clear coverage of charges and the right to sublet or assign the lease, as required. 

Eight tips on a residential tenancy agreement 

To protect yourself legally as a landlord, we encourage you to create a tenancy agreement and choose the following options: 

  • Requirement of a joint tenant guarantor who will be jointly and severally liable with the tenant for all payments and any damage to the premises. 
  • Requirement of a security deposit within the limits laid down by law and practice. 
  • Clear indication of the areas and outbuildings shared by all residents. 
  • Unequivocal stipulation of work and defects known and accepted without reservation. 

A residential tenancy contract sample from AdminTech also protects tenants with the following measures: 

  • Limitation to the amount of the security deposit than permitted by law, or waiving the deposit altogether. 
  • Clear indication of the work and adjustments to be carried out as a condition precedent to the lease. 
  • Right to provide a third-party guarantee in lieu of a security deposit. 
  • Reminder of the legal rules on ordinary and extraordinary termination. 

Create a residential tenancy agreement with AdminTech 

Using the AdminTech online document builder and England tenancy agreement template, all you have to do is fill in the form with the appropriate information, adapting the document to the specific situation. 

A professional tenancy agreement covers the following information:  

  • Contact details and identification of the parties 
  • Description of the premises, annexes, and outbuildings 
  • Condition of the premises, known defects, and work to be carried out 
  • Rent, instalments, and security deposit 
  • Provision for charges, insurance, and additional costs 
  • Lease term and termination notice 
  • Restrictions on use, limitations, and liability. 

FAQ on a residential tenancy agreement 

What is the term of a residential tenancy lease in the UK? 

In England, private residential tenancy may be concluded for a fixed term or be open-ended. The term for a residential tenancy is typically from 1 year to 3 years. Parties generally define the term of tenancy depending on the following circumstances: 

  • Type of the tenant (e.g. a student would generally opt for 1 year) 
  • Reason for rent (e.g. landlord sublets temporarily due to a business mission abroad) 
  • Construction and renovation requirements. 

How is a fixed-term tenancy terminated in England? 

When the agreed term of the lease has come to an end, the parties have the following options: 

  • Accept termination and liberate the premises 
  • Tacitly maintain the tenancy in force and let it become a rolling or periodic tenancy 
  • Sign a new tenancy agreement form template for the same or different term. 

How is renewable or rolling tenancy terminated in England? 

England tenancy agreement template allows you to insert a termination notice (“break clause”) to terminate the agreement before the end of its term, under the following conditions: 

  • The termination notice is equal for both parties 
  • The notice period ranges from 2 to 12 months 
  • The notice cannot be served during the first 6 months of the lease. 

Using our tenancy contract example you can set a longer initial period during which the termination notice cannot be served (“minimum term”). 

Can the landlord terminate the tenancy early? 

The residential tenancy contract sample from AdminTech contains several reasons for early termination of the agreement, such as: 

  • Rent arrears are not paid within 14 days 
  • Tenant breaches any covenant or restriction 
  • Tenant does not execute obligations under the lease agreement 
  • Tenant admits inability to pay, is insolvent or enters into bankruptcy procedures. 

Can the tenant leave the tenancy early? 

Depending on the terms indicated in the tenancy contract template, the tenant may be allowed to reassign the lease to a new renter, and so depart from the agreement early. The landlord may oppose this if the new proposed tenant: 

  • Is financially insolvent 
  • Shows poor statements from previous landlords 
  • Does not intend to use the premises in the same way as the current tenant 
  • Is likely to request works or alternation to the building. 

Can the tenant sublet the premises? 

Unless the tenancy agreement form template expressly prohibits this, tenants may be allowed to sublet the premises in the following cases: 

  • Fixed-term tenancy allows subletting without the landlord’s consent 
  • The landlord expressly consents to subletting in case of periodic tenancy 

Note that hosting a spouse or partner is not considered subletting. The tenant is generally allowed to do this without the landlord’s prior consent. 

How do I rent a garage with an empty dwelling in England? 

A parking space can be rented with or separately from a dwelling, which you can choose in our tenancy contract template: 

  • In the case of a separate tenancy, the notice is 1 month (if rent is monthly) and 1 week (if rent is weekly) 
  • In the case of tenancy with a flat or house, the fate of the garage follows the fate of the main property if you choose so in the tenancy agreement. 

How can landlords guarantee a successful rental experience? 

To ensure a successful tenancy experience, a professional lawyer would generally recommend to: 

  • Think carefully about the outbuildings, annexes, and parking spaces to be rented together to include in the sample agreement. 
  • Assess the tenant’s creditworthiness and determine whether a joint tenant guarantor is necessary. 
  • Draw up a detailed inventory of fixtures and fittings and include in the contract any known defects that the tenant accepts. 
  • Inform the tenant of the legal rules, especially those concerning the termination of the lease. 
  • Draft tenancy agreement and sign it. 
  • Keep all records, for example, transactions, complaints, and notifications as evidence throughout the lease. 
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