Current Tenancy Agreement Template for England and Wales

A Current Tenancy Agreement is a legally binding contract that establishes the terms of a residential tenancy in England and Wales. This document creates an Assured Shorthold Tenancy (AST) under the Housing Act 1988, which is the most common form of private residential tenancy. The agreement sets out the rights and responsibilities of both landlords and tenants, ensuring legal compliance while providing clarity and protection for all parties involved.

When do you need this document?

You need a Current Tenancy Agreement whenever you're entering into a new residential letting arrangement in England and Wales. This includes situations where private landlords are letting properties directly to tenants, when managing agents are facilitating tenancies on behalf of property owners, or when existing tenants are renewing their agreements. The document is essential for both furnished and unfurnished properties, whether you're dealing with single tenants, couples, or multiple occupants. You'll also need this agreement when guarantors are involved to secure the tenancy, or when specific terms around pets, smoking, or property use need to be clearly established.

Key legal considerations

Several critical legal elements must be included in your tenancy agreement to ensure compliance with current legislation. The deposit clause must specify the exact amount and confirm protection in a government-approved scheme within 30 days, as required by the Housing Act 2004. You must include prescribed information about the deposit protection scheme, landlord details, and property condition. The agreement should clearly outline rent payment terms, including frequency and method, while ensuring compliance with the Tenant Fees Act 2019, which restricts most fees that can be charged to tenants. Termination provisions must include proper notice periods and procedures, particularly for Section 21 notices which require specific timing and documentation. The agreement should also address repair responsibilities, with landlords having statutory obligations under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

Legal requirements in England and Wales

England and Wales law imposes specific statutory requirements that must be reflected in your tenancy agreement. Under the Housing Act 1988, most residential tenancies are automatically Assured Shorthold Tenancies unless specific conditions apply. The Deregulation Act 2015 introduced additional requirements for Section 21 notices, including the need for landlords to provide prescribed information and comply with deposit protection rules before serving notice. The Tenant Fees Act 2019 significantly restricts the fees that can be charged, limiting payments to rent, deposits (maximum five weeks' rent for annual rent below £50,000), holding deposits, and specific permitted payments like utilities or council tax. Your agreement must also comply with the Homes (Fitness for Human Habitation) Act 2018, which requires landlords to ensure properties meet habitability standards throughout the tenancy. Additionally, any guarantor arrangements must be clearly documented, and if the property is a House in Multiple Occupation (HMO), additional licensing and safety requirements may apply under local authority regulations.