Tenancy Agreement for a Flat
Rent out your flat safely using the most popular kind of tenancy agreement for private landlords, the tenancy agreement for a flat.
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Table of Contents
For use in England and Wales only.
Rent your house with security and confidence with our popular tenancy agreement for private landlords and property investors, our assured shorthold tenancy agreement for a flat. This simple and easy tenancy agreement ensures you reduce any challenges and hassles you may have when you let your house. This tenancy agreement for a house enables you to evict tenants who breach the agreement due to non-payment of rent. Use this tenancy agreement to outline rent payment dates and terms, your obligations and rights as a Landlord, and your tenant’s rights and requirements, while ensuring you comply with UK tenant fees and landlord laws.
Tenancy agreement for a flat? What is it?
Our tenancy agreement for s house is an assured shorthold tenancy (AST). You should use it if you are the owner of a flat and you want to rent it out. With an Assured Shorthold Tenancy, you as the Landlord can charge market rent, and the agreement allows you to recover possession of your property by giving the tenant a minimum of two months notice which must expire on or after the first six months of the tenancy.
In what circumstances am I required to use a tenancy agreement for a flat?
You should use our tenancy agreement for a flat when the following conditions apply:
- if you are renting out the whole of your flat for a fixed term
- if you, the Landlord will not be living at the property that is rented
- the rented property must be the tenant’s main home
- the tenant is an individual and not a company
- if there is only one Landlord
- if the property is in England and Wales
What is covered in our tenancy agreement for a flat?
Our tenancy agreement for a flat covers:
- the length of the tenancy
- how much the rent payments are
- what security deposits are required
- whar are the Landlord’s responsibilities
- what the tenant’s responsibilities and rights are at the property
- an optional break clause
- when and how to end the tenancy
- the legal requirements under the Tenant Fee Act 2019
- the legal obligations under the Homes (Fitness for Human Habitation) Act 2018
When do I need to use a tenancy agreement for a flat?
You should use our tenancy agreement for a flat when you want to rent your property to a single or joint tenant all under one tenancy, and you do not live at the property. When all the tenants are on one agreement, they are all jointly responsible for the responsibilities in the agreement. You will be required to use this agreement to set out both you and the tenant’s obligations.
How many tenants can rent the property?
If the property is being rented on one AST agreement, there cannot be any more than three unrelated tenants renting the property. If the number of tenants exceeds three, the property may be classed as a House of Multiple Occupation (HMO). In this situation, you may need to apply to the Local Authority for a licence and comply with additional legislation. You should contact your Local Authority to confirm whether you require a licence to rent your property.
What is meant by a guarantor?
A guarantor is a person who agrees to be liable for the tenant’s responsibilities and rent if they do not pay.
What is the duration of the agreement?
The agreement will run for any length that both parties agree. Under an AST, the tenant has a right to stay in the property for a minimum of six months. If you both agree a fixed term of less than six months, if the tenant does not leave before the end of six months, you will not have a guaranteed right to possession.
What is an inventory of fixtures and fittings?
An inventory details all of the items left in the property for use during the tenancy and their condition. This is usually arranged by the Landlord and agreed to by both parties, and is highly recommended. All of the items in the inventory should be left in the same condition at the end of the tenancy. If they are not, the cost of any repairs will be deducted from the security deposit held by the Landlord.
Is the tenant required to pay a security deposit?
You should take a security deposit to cover the cost of any damage to the property and or it’s contents. You should hold this to the end of the tenancy and return it to the tenant without deductions when they vacate if there is no outstanding rent or damage to the property.
All deposits must be registered with an approved Government Authorised Tenancy Deposit Scheme. Within 30 days of receiving the security deposit from the tenant, you must register the deposit with a scheme and give the tenant details of the scheme.
What is a tenancy deposit scheme?
There are three government-authorised tenancy deposit schemes. All the three schemes give free help and assistance for both Landlord & Tenant if there is a disagreement about the return of the deposit. Two of the schemes are insurance-based, while the third scheme is custodial. Landlords or agents are not charged to use the custodial scheme, but the insurance-based schemes charge insurance premiums and membership fees. If you fail to protect a deposit within 30 days, you may be prevented from regaining possession of your property and can be fined up to three times the deposit amount.
What rent is payable by the tenant?
In Wales, the rent can be set up to £25,000 per annum, while in England, the rent can be set up to £100,000 per annum and can be paid weekly or monthly. The rent set should be the market rent set by other similar properties renting in the area. Our tenancy agreement for a house assumes that the rent payable does not include utility outgoings like council tax, electricity and gas and that the tenant is responsible for paying these costs. Conversely, our agreement assumes that the rent includes the price of looking after the common areas.
If there is more than one tenant and they are all on the one tenancy agreement, the rent agreed is the total rent payable, and the tenants are jointly responsible for the rent. This means that if one tenant does not pay, the other is still responsible for the full rent.
How does the agreement end?
You can end the tenancy by serving notice on the tenant. You cannot get possession of the property within the first six months, so the notice period must end on the last day of the six months. The tenant cannot terminate the agreement before the end of the term.
Does this tenancy agreement for a house cover the new ban on tenant fees?
Yes. This document is compliant with the Tenant Fees Act of 2019. It excludes fees prohibited under the Act.
Other names for Tenancy agreement for a flat
Lease agreement for a flat
Flat rental agreement.