Pre Tenancy Agreement Template for England and Wales

A Pre Tenancy Agreement is a preliminary contract that protects both landlords and prospective tenants in England and Wales during the period before a full tenancy is signed. It records the initial commitment between the parties, setting out the holding deposit, reference requirements, the proposed start and end dates, and any conditions attached to the offer, while keeping the arrangement consistent with current housing law.

What is a pre tenancy agreement?

A pre tenancy agreement is the document used once a landlord or letting agent has accepted an applicant but before the assured shorthold tenancy itself begins. It confirms the property, the proposed rent, the intended start date, and the terms and conditions on which a holding deposit is taken and refunded. It is the bridge between an accepted application and a signed tenancy, fixing the deal in writing so neither side is left uncertain while referencing is completed.

When do you need this document?

You need a Pre Tenancy Agreement when you want to reserve a rental home or hold an applicant before completing the full formalities. This is common in competitive markets where a landlord or letting business receives several applications for the same property and needs to take it off the market for a serious applicant. The document is essential when collecting a holding deposit, because it defines exactly when that sum is kept and when it is returned. It also helps when referencing takes time, giving realistic dates and clear expectations to everyone involved, including the letting agent providing a service through the process. Most agreements set a proposed tenancy term of six or twelve months, and the exact length is one of the terms fixed at this stage.

What should a pre tenancy agreement include?

A useful agreement covers the following details:

• The property address and the parties, including the landlord or letting agent acting on their behalf, with up-to-date contact details for each side.
• The holding deposit amount (capped at one week's rent) and the deadline for agreement, usually 15 days.
• Referencing requirements, such as employer, previous landlord, and credit checks, and the privacy terms covering how personal information will be handled.
• The proposed start and end dates of the tenancy, the length of the term, and the rent to be paid.
• A note on the inventory that will be prepared before move-in, recording the property's contents and condition.
• What happens if references fail, if the tenant withdraws, or if the landlord decides not to proceed.
• Any right to rent checks required before the let begins.

Setting these terms and conditions early reduces disputes when the full tenancy is drafted. If you also need the let itself, GenieAI provides a tenancy agreement template and a broader set of rental agreement templates for England and Wales.

How does the holding deposit work?

Under the Tenant Fees Act 2019, a holding deposit cannot exceed one week's rent. If the tenancy proceeds, the money is normally credited towards the first rent payment or the tenancy deposit within seven days. It must be refunded if the landlord withdraws, if referencing fails through no fault of the tenant, or if the deadline for agreement (15 days by default) passes without a let. A landlord may keep the money only in limited circumstances, such as the tenant providing false information, failing a right to rent check, or pulling out after passing referencing.

Holding deposit vs tenancy deposit protection

The holding deposit and the tenancy deposit are two different sums of money, and it helps to know which rules apply to each.

The tenancy deposit must go into a government-backed deposit protection scheme, and the prescribed information about that scheme must be given to the tenant. Getting this right at the pre-tenancy stage means the money moves cleanly into protection once the let begins and can be properly ended later without dispute over the deposit.

How is tenant data handled during referencing?

Referencing involves collecting personal data, so the terms should reflect data protection obligations. The agreement, and any privacy policy shared with the applicant, should explain what information is collected, why it is needed, who it is shared with (for example a referencing provider or guarantor), and how long it is kept. Clear terms here keep the process lawful and give the prospective tenant confidence that their details are handled fairly.

Does a private landlord need this agreement?

A private landlord letting directly, without an agent, benefits from a pre tenancy agreement just as much as a managed let. It gives a single written record of the holding deposit and the proposed terms, so there is no argument later about what was agreed. Keep an eye on housing news and legislative changes through 2026, since reforms to tenancy rules in England can alter what you must confirm before a let begins. Reviewing your template each year keeps it aligned with the current law.

Key considerations before you sign

Your Pre Tenancy Agreement should keep holding deposit terms within the legal cap, set referencing steps and timeframes that respect data protection obligations, and state the proposed terms clearly, including rent, tenancy type, dates, and any special conditions. All terms and conditions must be fair and transparent so they hold up when the full tenancy is prepared. Confirming property standards, safety certificates, and right to rent status during this phase avoids delays later. For official guidance on how deposit protection schemes work and the information a tenant must be given, GOV.UK publishes a free guide at gov.uk/tenancy-deposit-protection.