Simple Tenancy Agreement Template for England and Wales

A tenancy agreement is a legally binding contract granting a tenant the right to occupy a residential property in exchange for rent. It sets out the rent amount and payment date, the length of the tenancy (or that it's periodic), the tenant's obligations (such as not subletting), the landlord's obligations to repair, and the rules about pets, smoking, and alterations.

For periodic tenancies and short fixed terms, a written agreement is not legally required but is strongly recommended. A written tenancy agreement provides clear evidence of the agreed terms if a dispute arises. For any lease of more than three years, the Law of Property Act 1925 requires the agreement to be made by deed. In practice, almost all landlords provide written agreements.

The deposit must be protected in a government-approved scheme (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) within 30 days of receipt. The deposit is capped at five weeks' rent (for annual rent under £50,000) under the Tenant Fees Act 2019. The landlord must provide prescribed information to the tenant, including the scheme's dispute resolution procedure.

The Landlord and Tenant Act 1985 requires landlords to maintain the structure and exterior of the property and keep heating, water, gas, and electricity installations in repair and proper working order. These obligations apply to all residential tenancies of less than seven years and cannot be transferred to the tenant. Disrepair can give the tenant the right to withhold rent via the courts.

Following the Renters (Reform) Act 2024, landlords in England cannot use section 21 no-fault notices. Possession must be sought under section 8 using a prescribed ground, with notice periods varying by ground (ranging from 2 weeks to 2 months). Common grounds include rent arrears of at least two months, breach of tenancy terms, and the landlord wishing to move in.

Not without the landlord's consent unless the agreement expressly permits it. Most tenancy agreements prohibit subletting without prior written consent. Subletting without permission is a breach of the tenancy and can be a ground for possession. Where consent is given, the original tenant remains liable to the landlord for rent and any damage caused by the subtenant.

A joint tenancy is where two or more people hold the tenancy together. All joint tenants are jointly and severally liable for the full rent, meaning the landlord can pursue any one tenant for the full amount. A joint tenant cannot unilaterally assign their interest, and serving a notice to quit by one joint tenant may end the tenancy for all. Joint tenancy agreements require careful consideration.

Under the Tenant Fees Act 2019, landlords cannot charge a separate pet deposit as this would exceed the five-week deposit cap. However, a landlord can charge up to five weeks' rent as a single deposit regardless of whether pets are kept. If a tenant wants to keep a pet, the landlord can agree and note this as a permitted activity in the tenancy agreement.