What does a Tenancy Agreement for a Flat cover?

This Tenancy Agreement for a Flat template covers: the term of the tenancy rent payments details of the tenancy deposit (if any) the landlord’s responsibilities the tenant’s obligations (including what the tenant can and cannot do at the flat) a break clause (if desired) rent increases (if desired) the end of the tenancy the requirements under the Homes (Fitness for Human Habitation) Act 2018 and the Tenant Fees Act 2019

Why do I need a Tenancy Agreement for a Flat?

While a written Tenancy Agreement is not legally required to rent a flat, it is prudent to record the terms of a tenancy in writing. Further, tenants can request a ‘written statement of terms’ and this must be provided by their landlord within 28 days of the request . By using a Tenancy Agreement for a Flat, you ensure that these terms are provided to your tenants at the start of your landlord-tenant relationship. Use this Tenancy Agreement for a Flat whenever you want to rent out a flat in England that you don’t live in. Under this residential Tenancy Agreement for a Flat, all tenants at the property will be joint tenants under one tenancy. This means that all of the tenants are jointly responsible for the tenant obligations in the Agreement. This Agreement sets out the obligations of all parties and, therefore, helps prevent confusion and potential disputes down the line.

How many tenants can I rent to under this Tenancy Agreement for a Flat?

This Tenancy Agreement for a Flat should only be used to rent your property to up to 4 tenants . If more than 3 tenants (who are unrelated ) live in the flat, the property may be classed as a House in Multiple Occupation (HMO) . HMOs must comply with additional regulations and you may need to apply for a licence. If you don't you could be fined.

A guarantor is someone who agrees to be legally liable for a tenant's rent and other responsibilities if they fail to pay. You may wish to ask for a guarantor if you’re not sure if your tenant will be able to pay their rent at all times. Guarantors are often used by landlords who are renting to: students first-time tenants people who have just moved to England from abroad For more information, read Picking a tenant .

How long does a Tenancy Agreement for a Flat last?

The term of the Tenancy Agreement for a Flat should be set out in the document. The tenancy’s term is the period for which the Agreement will run. It can be any length you agree with the tenant, but the tenant has a right to stay in the property for at least 6 months . If a fixed term of fewer than 6 months is agreed, you do not have a guaranteed right to possession if the tenant does not leave before the end of 6 months. You can use this Tenancy Agreement for a Flat to let your flat for a maximum of 2 years and 11 months . Tenancies with a term of 3 years or more must be witnessed. Ask a lawyer for more information.

Do I need to make an Inventory?

An Inventory provides a record of all of the items in a flat together with their condition. It is usual to provide a detailed inventory of the items in the property that the tenant can use, which will include fixtures and fittings. Landlords are entitled to deduct money from a tenant's deposit to cover repair costs if the items listed on the inventory are not left in the same condition as when the tenant moved in. However, it is important to note that landlords cannot charge a tenant or make deductions from their deposit for ‘fair wear and tear’, which refers to the normal, gradual damage that occurs over time due to everyday usage. To avoid disputes about the state of the property and its items, it is recommended that an inventory is made.

Do I need to take a deposit?

You can take and hold a deposit to cover the costs of any breakages or damage to the property or its contents, however, this is not required. The deposit should be returned at the end of the tenancy. If there are no damages to the property, it should be returned in full. If part of the deposit needs to be used to cover repairs, this may be deducted from the deposit. All tenancy deposits must comply with the limits set by the Tenant Fees Act 2019 . This means that you cannot take deposits of more than 5 weeks’ rent (if the annual rent is less than £50,000) or 6 weeks’ rent (if the annual rent is more than £50,000). For more information, including on what happens if you do not comply with the deposit limit, read Tenant fees . You should also bear in mind that all deposits must be placed in a Government-approved tenancy deposit scheme within 30 days of receiving them. Further, you must provide certain prescribed information about the deposit to tenants within 30 days of receiving the deposit . For more information, read Deposit protection schemes .

How much rent should I ask the tenants to pay?

How much the rent should be is a decision for you to make and is something you (and/or your tenants) may wish to negotiate. For this Tenancy Agreement for a Flat to be appropriate, however, the rent level must comply with the rent limits applicable to ASTs. This means that your rent should be: below £100,000 per year, and above £1,000 per year (for flats in London) or £250 per year (for flats in other parts of England) The rent level should be market rent (ie a similar rate to other similar leases in the local area). If you don’t want to charge market rent, Ask a lawyer for assistance amending your document. Other important points you should consider with regards to rent include: rent is typically paid weekly or monthly - this is for you to decide the rent payable under this Tenancy Agreement for a Flat does not include outgoings (eg utility bills ) as these are typically for the tenant to cover. If you would like for your rent to include outgoings, Ask a lawyer for assistance if there is more than one tenant renting the flat (eg a couple or a few friends), the rent in the Agreement is the total rent for the property , meaning that the tenants are responsible for splitting rent payments between themselves. Note that under this Agreement each tenant is responsible for the whole rent . This means that, if one tenant fails to pay, the remaining tenant is responsible for the full rent.

Can I increase the rent?

Landlords can only increase a tenant’s rent in certain situations. These include where: the tenant agrees to a rent increase (without the landlord pressuring them to do so), or the Agreement contains a rent increase clause (or ‘rent review clause’) The landlord must always follow the correct procedures (eg as set out in a rent review clause) and the proposed rent increase must not be excessive or unfair. This Agreement lets you choose whether you want to include a rent review clause. If the tenancy is for less than 2 years , it is recommended that the rent is fixed for the duration of the tenancy. If the tenancy is for more than 2 years, the rent can either be fixed for the duration of the tenancy or the landlord can choose to increase the rent once per year. For more information, read Private renting rent increases .

Who can end a Tenancy Agreement for a Flat?

Tenants generally cannot end their Tenancy Agreement before the end of the tenancy term unless a break clause is present. This Tenancy Agreement for a Flat allows you to specify if (and how) the tenant, you, or both parties can end the tenancy early using a break clause. Tenants may also be able to end the tenancy early if all tenants and the landlord mutually agree to end the tenancy. This is known as a ‘ surrender of tenancy ’. You, as the landlord, can also end the Agreement by evicting the tenant using the correct Eviction notice . Bear in mind that, unless you can rely on a specific legal ground (eg the tenant’s immigration status not allowing them to rent in the UK ) to evict the tenant, you cannot evict them during the first 6 months of the tenancy . For more information, read Repossessing property - section 8 notices , Repossessing property - section 21 notices and Tenant eviction FAQs .

MAKE YOUR FREE Tenancy Agreement for a Flat

Make Your Document In 3 Easy Steps:

Build your document

Answer a few questions to customise your document in minutes

Save, print & share

Save progress and finish on any device, download & print anytime

Sign & make it legal

Securely sign online and invite others to sign

OTHER NAMES Lease agreement for a flat Flat rental agreement Tenancy agreement form, Residential lease for a flat

What is a Tenancy Agreement for a Flat?

Tenancy Agreements for Flats are assured shorthold tenancies (ASTs) for England. A Tenancy Agreement for a Flat is legally binding and should be used where a landlord wants to rent out a flat in its entirety.

For use in England only.

When should I use a Tenancy Agreement for a Flat?

Use this Tenancy Agreement for a Flat:

to rent out the whole of your flat for a fixed term
when you will not live at the property (ie you are not a live-in landlord)
if the property will be the tenant's main home
when the tenant is one or more individuals (ie not a business)
when there is only one landlord (they can be a business or an individual)
only when the property is located in England

This document has been customised over 250.8K times

Legally binding and enforceable

Complies with relevant laws

Ask a lawyer questions about your document

Sign this document online for free with RocketSign®

ASSURED SHORTHOLD TENANCY AGREEMENT (ENGLAND)

This Assured Shorthold Tenancy Agreement is made on the last date of signature.

Between

of ,

(the Tenant)

Definitions and Interpretation

In this Agreement, the following definitions are used:

Agreement	This assured shorthold tenancy agreement and any amendments from time to time;
Building	The building and grounds where the Property is located;
Common Areas	The communal halls, lift (if any), entrance, staircase, passageways, driveways and other shared areas in the Building;
Deposit	£;
Insured Risks	Means fire, explosion, lightning, earthquake, storm, flood, bursting and overflowing of water tanks, apparatus or pipes, impact of aircraft and articles dropped from them, impact by vehicles, riot, civil commotion and any other risks against which the Landlord decides to insure against from time to time and Insured Risk means any one of the Insured Risks;
Property	, together with any fixtures and fittings;
Rent	The sum of £ payable in advance: weekly on of every week;
Superior Landlord	Any person who at the relevant time is the landlord of the Landlord;
Term	starting on .

In this Agreement, unless the context requires a different interpretation:
1. the singular includes the plural and vice versa;
2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, schedules or appendices of this Agreement;
3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
4. the headings and sub-headings do not form part of this Agreement.
Words importing one gender include all other genders and words importing the singular include the plural and vice versa.
If two or more persons are together the Tenant or Guarantor their obligations to the Landlord shall be joint and several.
This Agreement is for private residential accommodation.
Any obligation on the Tenant to do or not to do something includes an obligation on the Tenant to use their reasonable endeavours to ensure that no other person does or fails to do that same thing.
Any right given to the Landlord shall include such a right for the Superior Landlord.

Grant of Tenancy

Landlord grants and the Tenant accepts a tenancy of the Property for the Term at the Rent with the right to use the Common Areas (along with the other tenants and occupiers at the Building) on the terms contained in the Agreement.
This Agreement is intended to be an Assured Shorthold Tenancy under the Housing Act 1988 (as amended by the Housing Act 1996). When the Term expires the Landlord can recover possession of the Property unless the Landlord issues a notice stating that the tenancy is no longer an Assured Shorthold Tenancy.
The Tenant accepts that:
1. the Landlord will be entitled to recover possession of the Property at the end of the Term; and
2. the Tenant is not entitled to end this Agreement before the end of the Term (unless stated otherwise in the section entitled "General").
If the Tenant has use of the Landlord's furniture,. The Tenant will:
1. not damage or remove any of the items from the Property;
2. keep the items clean and in a good condition; and
3. make good all damages and breakages of items which may occur during the Term.

Use of Property

The Tenant shall:
1. use the Property as a single private home and not carry on any trade, profession or business on or from the Property;
2. immediately notify the Landlord if the immigration status of the Tenant changes;
3. not permit anyone to occupy the Property without the prior written consent of the Landlord (such consent not to be unreasonably withheld); and
4. send the Landlord a copy of any notice or other communication affecting the Property within 7 days and shall not take any action regarding such notices or communications without the prior written consent of the Landlord.
The Tenant shall not:
1. keep any pets or any other animals on or in the Property without the prior written consent of the Landlord (such consent not to be unreasonably withheld or delayed).
  1. The Landlord should accept such requests where they are satisfied that the Tenant is a responsible pet owner and that the pet is of a kind that is suitable to be kept at the Property, in relation to the nature of the Property.
  2. The Landlord will not consent to any pets which may cause damage to the Property and its contents, or can be a health hazard or cause a nuisance to neighbours.
  3. The Landlord is deemed to have granted consent to the pet unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request.
  4. The Landlord is prohibited from charging a fee to the Tenant who wishes to keep a pet at the Property. Consent will be given on the condition that the Tenant pays an additional reasonable amount towards the Deposit, provided the total Deposit taken from the Tenant does not breach the deposit cap requirements under the Tenant Fees Act 2019.
2. leave the Property unattended for a period of more than 21 consecutive days or change the locks on any door or window without the prior written consent of the Landlord.
3. park a caravan, boat or trailer at the Property.
The Tenant shall not do anything to or on the Property that:
1. causes a nuisance, annoyance or damage to occupiers of the neighbouring, adjoining or adjacent property, or the owners or the occupiers of them;
2. involves using the Property for immoral or illegal purposes; or
3. has the effect of invalidating the insurance that the Landlord has taken out in accordance with this Agreement.

Keys

The Landlord shall provide the Tenant with at least one set of keys and any security device (for example a key fob) that the Tenant will require in order to obtain access to the Property (the "Access Devices"). The Tenant is responsible for looking after and keeping safe the Access Devices for the duration of the tenancy. If the Tenant loses an Access Device, the Tenant shall pay the actual cost of replacing any lost Access Devices and other expenses reasonably incurred by the Landlord as a result of loss of the Access Device (for example replacing the Property's locks).

Rent

The Tenant shall pay the Rent and all other sums due under the Agreement (whether formally demanded or not) clear of all deductions at the agreed times.
The Tenant shall be in breach of this Agreement if the Tenant fails to pay the Rent in accordance with this clause and the Landlord shall be entitled to use the statutory provisions contained in the Housing Act 1988 or any other statutory remedies available to recover possession of the Property.
If the Property is damaged or destroyed by an Insurance Risk so as to be unfit for occupation and use then, unless the damage or destruction was caused by the wilful actions, negligence or default of the Tenant, payment of the Rent shall be suspended until the Property is fit for occupation and use.

Utilities and Outgoings

The Tenant shall pay directly to suppliers all charges for gas, electricity, oil, water, sewerage, telephone (including line rental), council tax (or any similar property tax that might be charged in addition to it), any television licence or other services used at the Property.
The Tenant shall comply with all laws and recommendations of the relevant suppliers relating to the use of those services and utilities.

Repairs and Alterations

The Tenant shall keep the Property clean and in a good condition and make good any damages or breakages to the Property (excepting fair wear and tear), provided that this clause shall not impose any obligation on the Tenant that is the obligation of the Landlord under section 11 of the Landlord and Tenant Act 1985.
The Tenant shall keep the inside of the Property (including glass in the windows) in a good state of repair and condition.
The Tenant shall not cause any blockage to the drains, gutter and pipes of the Property. This obligation does not require the Tenant to carry out any works or repairs for which the Landlord is liable.
The Tenant shall keep any communal halls, lifts, passageways, driveways and other common areas clean and fit for use.
The Tenant shall not make any alteration, addition, or redecorate the Property without the prior consent of the Landlord (such consent not to be unreasonably withheld).

Assignment or Subletting

The Tenant shall not take in any lodgers or assign, sublet, charge or part with or share occupation of the Property or any part of it.

Expiry of the Tenancy

At the end of this tenancy (howsoever determined), the Tenant shall:
1. yield up the Property with full vacant possession;
2. return all of the items to the Landlord in the same state (excepting fair wear and tear);
3. give the Landlord a forwarding address;
4. remove all rubbish and personal items (including the Tenant's own furniture and equipment) from the Property; and
5. return all keys to the Property to the Landlord.
If any of the Tenant's personal items have not been removed from the Property when the tenancy ends:
1. the Landlord shall be entitled to remove and store such personal items from the Property;
2. upon removal of the Tenant's personal items, the landlord shall then use its reasonable efforts to notify the Tenant of where the personal items are being held, the date of any proposed sale or disposal, and the Landlord's contact details in case the Tenant wishes to take back personal items;
3. the Landlord shall be entitled to sell, dispose of, or otherwise deal with any personal items 21 days after the Landlord uses its reasonable efforts to notify the Tenant in accordance with the clause above.

Landlord's Right to Enter the Property

The Landlord reserves the right for the Landlord (and all those authorised by the Landlord) at reasonable times to enter the Property on giving the Tenant at least 24 hours notice in writing to:
1. check the state of repair, decoration and condition of the Property; and
2. carry out repairs, decoration or alteration the Property or adjoining property; and
3. clean or renew any pipes, sewers, drains or gutters at the Property.

Repairing Obligations

The Tenant shall notify the Landlord of any disrepair or defect or act of vandalism carried out to the Property, Common areas.
The Tenant shall immediately comply with any notice given to it by the Landlord under this section that requires it to make good any damage to the Property to be made good.
If within 1 month of receiving a notice, the Tenant has failed to comply with such notice, it will be lawful for the Landlord to enter the Property (but without prejudice to the right of re-entry) and execute the repairs and the cost incurred by the Landlord shall be repaid by the Tenant on demand.
If within 1 month of receiving a notice under this section the Tenant has failed to comply with such notice, it will be lawful for the Landlord or Superior Landlord, on 24 hours notice, to enter the Property (but without prejudice to the right of re-entry) and execute the necessary repairs. The Tenant shall pay the costs reasonably incurred by the Landlord or Superior Landlord pursuant to this clause upon the Landlord or Superior Landlord providing evidence of such costs (for example in the form of receipts).
To comply with any terms and conditions contained in the headlease that are communicated to the Tenant by the Landlord or the Landlord's agent.

Landlord's Obligations

Subject to the Tenant paying the Rent and carrying out its obligations under this Agreement, the Landlord agrees that the Tenant may quietly possess and enjoy the Property.
The Landlord or Superior Landlord shall maintain and keep in good repair the exterior of the Property and keep all installations for the supply of water, gas, electricity, sanitation and heating at the Property in good repair and proper working condition.
The Landlord or Superior Landlord shall keep in good repair and proper working order the installations in the Property for space heating and heating water.
The Deposit must be held in one of the Government tenancy deposit protection schemes ("Deposit Scheme").
Within 30 days of receiving the Deposit, the Landlord must give the Tenant the necessary prescribed information about the Deposit Scheme.
Subject to any rules or provisions of the Deposit Scheme, the Landlord or their agent will be entitled to claim from the Deposit:
1. any Rent or other sums payable by the Tenant under this Agreement which are in arrears; and
2. any reasonable sum the Landlord incurs in remedying any failure by the Tenant to comply with any of the terms of this Agreement, including those relating to the cleanliness, state and condition of the Property (provided always that the sum claimed by the Landlord is reasonably incurred and reasonable in amount); and
3. any unpaid account for services or council tax incurred at the Property; and
4. any reasonable costs incurred in respect of any repair or damage to the Property (fair wear and tear and repair that is the responsibility of the Landlord excepted).
Unless required under the Deposit Scheme no interest will be paid to the Tenant by the Landlord in respect of the Deposit.
The Landlord or Superior Landlord must insure the Property and the contents which belong to the Landlord with an insurance company of repute against the Insured Risks as the Landlord from time to time in their absolute discretion decides to insure against. The Landlord shall be under no obligation to insure the Tenant's personal items at the Property.
The Landlord will ensure that all furnishings at the Property meet with legal regulations on safety and that all appliances are maintained and the appropriate safety checks carried out.

Default by the Tenant

The Landlord may recover possession of the Property (subject to any statutory provisions) and the tenancy will come to an end (subject to any other rights or remedies the Landlord may have) if at any time:
1. any Rent or any part of the Rent payable under this agreement is outstanding for 14 days after becoming due (whether formally demanded or not); or
2. there is a breach by the Tenant of any of obligation or other provision of this agreement; or
3. any of the following grounds for possession contained in Schedule 2 of the Housing Act 1988 shall apply:
  1. part I of Schedule 2, Grounds 2 or 8; or
  2. part II of Schedule 2, all Grounds with the exception of Grounds 9 and 16; or
  3. the Tenant becomes bankrupt, has an administration order made in respect of their assets, has a receiver appointed or enters into an arrangement for the benefit of their creditors.
If any Rent or other sums due are not paid 14 days after becoming payable (whether formally demanded or not), the Tenant will pay interest on any sums due at the rate of 3% per annum (above the Bank of England's base rate) calculated from the date payment is due up to the date payment is received by the Landlord and such sums will be recoverable as rent in arrears.
If the Property is damaged to such an extent that the Tenant cannot live in it, the Rent does not need to be paid until the Property is rebuilt or repaired so that the Tenant can live in it again unless:
1. the cause of the damage is something which the Tenant did or failed to do as a result of which the Landlord's insurance policy has become void; and
2. the Landlord had given the Tenant notice of what the policy required.
If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay any reasonable costs properly incurred by the Landlord in remedying such breaches or in connection with the enforcement of those obligations.

General

Any notice or other document shall be served on the Tenant during the tenancy by either being left at the Property or by being sent to the Tenant at the Property by first class post. Notices shall be deemed served the day after being left at the property or the day after posting.
For the purpose of Section 48 of the Landlord & Tenant Act 1987, any notices, including notices in proceedings, must be served on the Landlord at the address stated in this Agreement.
If there is a Guarantor, they guarantee that the Tenant will perform their obligations in this Agreement. The Guarantor agrees to pay on demand to the Landlord any Rent and other sums due to the Landlord by the Tenant under this Agreement. The liability of the Guarantor shall continue until the end of the Term.
This Agreement shall be governed by and interpreted according to the law of England and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.

_________________________________

Our quality guarantee

We guarantee our service is safe and secure, and that properly signed Rocket Lawyer documents are legally enforceable under UK laws.

Need help? No problem!

Ask a question for free or get affordable legal advice from our lawyer.

Steps to make your free Tenancy Agreement for a Flat

Make your document

Create your document by following Rocket Lawyer’s step by step interview process. If you need to edit your answers after creating your document, you can return to the interview to do so. Get started now!
Check and agree

Read your Tenancy Agreement for a Flat to make sure it meets your needs. Everyone involved (ie the landlord and all tenants) should understand and agree with the terms of the Agreement. Remember that if you have any questions you can easily Ask a lawyer.
Sign to make it legal

Each party involved must sign the Tenancy Agreement for a Flat. You can sign your Tenancy Agreement for a Flat online using RocketSign or in print.
Securely sign online and invite others to sign with RocketSign®
Store your document

Make a copy of the Tenancy Agreement for a Flat for each party. Each party should securely store their own signed Tenancy Agreement for a Flat.
Important details
- All landlords in England have certain responsibilities. Make sure you familiarise yourself with them and comply with them. For example:
  - Before renting the flat to anyone, remember to carry out the relevant ‘right to rent’ checks to ensure that the prospective tenants are allowed to rent property in England.
  - You must provide each tenant with a free copy of the Government’s ‘How to rent’ guide.
  - Make sure that you do not take any prohibited fees (eg do not take a deposit that is above the legal maximum of 5 or 6 weeks’ rent).
  - Place all tenancy deposits taken under the tenancy in a tenancy deposit protection scheme that has been approved by the Government. This must be done within 30 days of your receiving the deposit.
  - Provide certain prescribed information about the deposit to all tenants within 30 days of receiving the deposit.
  - Provide a free and up-to-date Energy Performance Certificate (EPC) and, if the property uses gas appliances, a gas safety certificate.
- Consider making an Inventory or Property inspection report, detailing the condition of the property and its content at the start of the tenancy. This can then be compared to the state of the property when the tenancy is over and serves as a basis for any deposit deductions.

Try Rocket Lawyer FREE for 7 days

Start your Premium Membership now and get legal services you can trust at prices you can afford. You’ll get:

All the legal documents you need—customise, share, print & more

Unlimited electronic signatures with RocketSign^®

Ask a lawyer questions* and get a response within one business day

Access to legal guides on 100s of topics

A 30-minute consultation with a lawyer about any new issue

33% off hourly rates or a fixed price if you need further legal help

Try it free for 7 days

SEE MEMBERSHIP DETAILS

*Subject to terms and conditions

FAQs about making Tenancy Agreements for Flats

Collapse all

Expand all

What does a Tenancy Agreement for a Flat cover?
This Tenancy Agreement for a Flat template covers:
- the term of the tenancy
- rent payments
- details of the tenancy deposit (if any)
- the landlord’s responsibilities
- the tenant’s obligations (including what the tenant can and cannot do at the flat)
- a break clause (if desired)
- rent increases (if desired)
- the end of the tenancy
- the requirements under the Homes (Fitness for Human Habitation) Act 2018 and the Tenant Fees Act 2019
Why do I need a Tenancy Agreement for a Flat?

While a written Tenancy Agreement is not legally required to rent a flat, it is prudent to record the terms of a tenancy in writing. Further, tenants can request a ‘written statement of terms’ and this must be provided by their landlord within 28 days of the request. By using a Tenancy Agreement for a Flat, you ensure that these terms are provided to your tenants at the start of your landlord-tenant relationship.

Use this Tenancy Agreement for a Flat whenever you want to rent out a flat in England that you don’t live in. Under this residential Tenancy Agreement for a Flat, all tenants at the property will be joint tenants under one tenancy. This means that all of the tenants are jointly responsible for the tenant obligations in the Agreement.

This Agreement sets out the obligations of all parties and, therefore, helps prevent confusion and potential disputes down the line.
How many tenants can I rent to under this Tenancy Agreement for a Flat?

This Tenancy Agreement for a Flat should only be used to rent your property to up to 4 tenants.

If more than 3 tenants (who are unrelated) live in the flat, the property may be classed as a House in Multiple Occupation (HMO). HMOs must comply with additional regulations and you may need to apply for a licence. If you don't you could be fined.
What is a guarantor?
A guarantor is someone who agrees to be legally liable for a tenant's rent and other responsibilities if they fail to pay. You may wish to ask for a guarantor if you’re not sure if your tenant will be able to pay their rent at all times. Guarantors are often used by landlords who are renting to:
- students
- first-time tenants
- people who have just moved to England from abroad
For more information, read Picking a tenant.
How long does a Tenancy Agreement for a Flat last?

The term of the Tenancy Agreement for a Flat should be set out in the document. The tenancy’s term is the period for which the Agreement will run. It can be any length you agree with the tenant, but the tenant has a right to stay in the property for at least 6 months.

If a fixed term of fewer than 6 months is agreed, you do not have a guaranteed right to possession if the tenant does not leave before the end of 6 months.

You can use this Tenancy Agreement for a Flat to let your flat for a maximum of 2 years and 11 months. Tenancies with a term of 3 years or more must be witnessed. Ask a lawyer for more information.
Do I need to make an Inventory?

An Inventory provides a record of all of the items in a flat together with their condition. It is usual to provide a detailed inventory of the items in the property that the tenant can use, which will include fixtures and fittings.

Landlords are entitled to deduct money from a tenant's deposit to cover repair costs if the items listed on the inventory are not left in the same condition as when the tenant moved in. However, it is important to note that landlords cannot charge a tenant or make deductions from their deposit for ‘fair wear and tear’, which refers to the normal, gradual damage that occurs over time due to everyday usage. To avoid disputes about the state of the property and its items, it is recommended that an inventory is made.
Do I need to take a deposit?

You can take and hold a deposit to cover the costs of any breakages or damage to the property or its contents, however, this is not required. The deposit should be returned at the end of the tenancy. If there are no damages to the property, it should be returned in full. If part of the deposit needs to be used to cover repairs, this may be deducted from the deposit.

All tenancy deposits must comply with the limits set by the Tenant Fees Act 2019. This means that you cannot take deposits of more than 5 weeks’ rent (if the annual rent is less than £50,000) or 6 weeks’ rent (if the annual rent is more than £50,000). For more information, including on what happens if you do not comply with the deposit limit, read Tenant fees.

You should also bear in mind that all deposits must be placed in a Government-approved tenancy deposit scheme within 30 days of receiving them. Further, you must provide certain prescribed information about the deposit to tenants within 30 days of receiving the deposit. For more information, read Deposit protection schemes.
How much rent should I ask the tenants to pay?
How much the rent should be is a decision for you to make and is something you (and/or your tenants) may wish to negotiate. For this Tenancy Agreement for a Flat to be appropriate, however, the rent level must comply with the rent limits applicable to ASTs. This means that your rent should be:
- below £100,000 per year, and
- above £1,000 per year (for flats in London) or £250 per year (for flats in other parts of England)
The rent level should be market rent (ie a similar rate to other similar leases in the local area). If you don’t want to charge market rent, Ask a lawyer for assistance amending your document.

Other important points you should consider with regards to rent include:
- rent is typically paid weekly or monthly - this is for you to decide
- the rent payable under this Tenancy Agreement for a Flat does not include outgoings (eg utility bills) as these are typically for the tenant to cover. If you would like for your rent to include outgoings, Ask a lawyer for assistance
- if there is more than one tenant renting the flat (eg a couple or a few friends), the rent in the Agreement is the total rent for the property, meaning that the tenants are responsible for splitting rent payments between themselves. Note that under this Agreement each tenant is responsible for the whole rent. This means that, if one tenant fails to pay, the remaining tenant is responsible for the full rent.
Can I increase the rent?
Landlords can only increase a tenant’s rent in certain situations. These include where:
- the tenant agrees to a rent increase (without the landlord pressuring them to do so), or
- the Agreement contains a rent increase clause (or ‘rent review clause’)
The landlord must always follow the correct procedures (eg as set out in a rent review clause) and the proposed rent increase must not be excessive or unfair. This Agreement lets you choose whether you want to include a rent review clause.

If the tenancy is for less than 2 years, it is recommended that the rent is fixed for the duration of the tenancy. If the tenancy is for more than 2 years, the rent can either be fixed for the duration of the tenancy or the landlord can choose to increase the rent once per year.

For more information, read Private renting rent increases.
Who can end a Tenancy Agreement for a Flat?

Tenants generally cannot end their Tenancy Agreement before the end of the tenancy term unless a break clause is present. This Tenancy Agreement for a Flat allows you to specify if (and how) the tenant, you, or both parties can end the tenancy early using a break clause.

Tenants may also be able to end the tenancy early if all tenants and the landlord mutually agree to end the tenancy. This is known as a ‘surrender of tenancy’.

You, as the landlord, can also end the Agreement by evicting the tenant using the correct Eviction notice. Bear in mind that, unless you can rely on a specific legal ground (eg the tenant’s immigration status not allowing them to rent in the UK) to evict the tenant, you cannot evict them during the first 6 months of the tenancy. For more information, read Repossessing property - section 8 notices, Repossessing property - section 21 notices and Tenant eviction FAQs.

Ask a lawyer

Get quick answers from lawyers, easily.

Rocket Lawyer On Call<sup>™</sup> Solicitors — Rocket Lawyer On Call^™ Solicitors

About Tenancy Agreements for Flats

Learn more about making your Tenancy Agreement for a Flat

Collapse all

Expand all

How to make a Tenancy Agreement for a Flat
Making a Tenancy Agreement for a Flat online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.

To make your Tenancy Agreement for a Flat you will need the following information:

Landlord and tenant details
- What are the landlord’s details (eg their legal structure, name and address)?
  - If the landlord is a company, LLP or partnership, who will sign the Agreement on their behalf?
- What are the tenant’s details (ie their name and current address)?
- Does the landlord require guarantors?
  - If so, what are the guarantor’s details (ie their name and address)?
Tenancy details
- What is the address of the flat?
- What is the start date of the tenancy?
- What is the length of the tenancy?
- What is the rent and when must it be paid?
- If a deposit is required, what is the deposit amount?
- Is there an Inventory?
Rent increase
- Can the landlord increase the rent once per year? If so:
  - Will the rent be increased in accordance with the Consumer Price Index or by a fixed percentage (if so, what is this percentage)?
  - When can the landlord increase the rent?
Optional clauses
- Can the tenant break the tenancy before its end? If so:
  - What is the break date?
  - How much notice must the tenant give the landlord to end the tenancy early?
  - To what address should the tenant’s notices be sent?
- Can the landlord break the tenancy before its end? If so:
  - What is the break date?
  - How much notice must the landlord give the tenant to end the tenancy early?
- Will the tenant have access to a parking space?
Collapse
Common terms in a Tenancy Agreement for a Flat
A Tenancy Agreement for a Flat is used to rent out a flat to tenants in England. To achieve this, this Tenancy Agreement covers:

The parties

The Tenancy Agreement for a Flat starts by clearly identifying the landlord and the tenant (or multiple tenants). Where a guarantor is needed, their details are also set out here.

Definitions and interpretation

This section explains the meanings of certain defined terms used throughout the Tenancy Agreement for a Flat. For ease of identification, all defined terms are capitalised throughout the Contract. Examples of these defined terms include ‘Deposit’, ‘Property’ and ‘Rent’.

Grant of tenancy

This section provides details on the type of tenancy that is being created under the Tenancy Agreement for a Flat (ie an assured shorthold tenancy). It clarifies that the landlord can regain possession of the flat at the end of the tenancy and outlines the tenant's entitlement to use the fixtures (eg furniture) in the flat and their responsibility to keep them in good condition.

Use of property

This section details the tenant’s obligations with regard to their use of the flat (ie what they must, can and cannot do). It also covers the tenant’s covenants (ie promises) regarding their tenancy. For example, the tenant promises not to keep pets in the flat without the landlord’s written consent and not to cause nuisance to neighbours.

Keys

This section addresses how keys to the flat will be handled and how the costs of any replacements will be determined and allocated.

Rent

This section covers the rent and the tenant’s promise to pay the rent. It also sets out that the obligation to pay the rent is typically suspended if an ‘insured risk’ (eg a fire) occurs that makes the flat unfit for occupation. This means that the tenant temporarily doesn’t need to pay the rent.

Rent increase

This section is only included if the Tenancy Agreement for a Flat includes a rent review clause. It details when and how the rent can be increased.

Utilities and outgoings

This section covers the tenant’s obligation to directly pay all relevant utility bills (eg gas, electricity and council tax).

Repairs and alterations

This section outlines the responsibilities of the tenant regarding repairs and making alterations to the property. It also clarifies that this Agreement does not impose any obligations on tenants that are the landlord’s legal obligations (eg to conduct certain repairs).

Assignment or subletting

This section sets out that the tenant cannot assign the lease, sublet the flat or take on a lodger. An assignment is the transfer of an agreement (eg the Tenancy Agreement for a Flat) to another person. A sublet involves the tenant renting the property out to another tenant (ie a sub-tenant).

Expiry of the tenancy

This section details the tenant’s obligations when leaving the flat at the end of the tenancy (eg taking their belongings with them). It also sets out the landlord’s rights when dealing with any items that the tenant leaves behind.

Landlord's right to enter the property

This section outlines the landlord’s right to enter the flat for repair purposes and sets out how much notice they must give the tenant.

Repairing obligations

This section details the tenant’s obligation to inform the landlord about, and organise, all necessary repairs that are the tenant’s responsibility. It also explains the landlord’s right to carry out and charge the tenant for any necessary repairs that the tenant does not carry out within a specified period.

Landlord's obligations

This section sets out the landlord’s obligations regarding the property. These include, but are not limited to, the landlord’s obligations for repairs, tenancy deposits, maintaining insurance cover for the flat, allowing the tenant quiet enjoyment of the flat and safety. This section also addresses when the landlord can make deductions from the tenant’s deposit.

Default by the tenant

This section details what happens if the tenant fails to meet their obligations under this Tenancy Agreement for a Flat. This includes when interest may be payable on unpaid rent. This section also clarifies that, in certain circumstances, the landlord may seek to regain possession of the flat by evicting the tenant.

General

This section addresses various other aspects of the Tenancy Agreement for a Flat. These include:
- any break clauses applicable to the tenancy
- how any notices (eg eviction notices or break clause notices) must be served (ie delivered)
- the Tenancy Agreement’s jurisdiction (ie it clarifies that the Agreement is governed by the laws of England, and any disputes must be dealt with by the English courts)
If you want your Tenancy Agreement for a Flat to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Tenancy Agreement for a Flat for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Collapse
Legal tips for making a Tenancy Agreement for a Flat
Understand when to use this Tenancy Agreement for a Flat

You should use this Tenancy Agreement when you are renting out a flat located in England. You should not use this Tenancy Agreement for a Flat if you are renting out:
- a house in England. Instead, you should use a Tenancy agreement for a house
- a room in a shared property in England (ie one that you don’t live in). Instead, you should use a Room rental agreement
- a room in your home (ie if you’re a live-in landlord). Instead, you should use a Lodger agreement
- a property in Wales. Instead, you should use a different type of document known as an Occupation contract. For more information, read Residential tenancies in Wales
- a property in Scotland. Instead, you should use a different type of document known as a Private residential tenancy. For more information, read Residential tenancies in Scotland
For more information, read Residential tenancies and do not hesitate to Ask a lawyer if you have any questions or concerns.

Comply with all applicable laws when dealing with your tenant

It's important to abide by and comply with residential property laws when renting your flat to residential tenants. In England, there are specific legal safeguards intended to ensure the fair treatment of tenants. As a landlord, you must ensure that you adhere to these safeguards, particularly when serving Eviction notices. For more information, read:
Consider following our How to make a tenancy agreement checklist to help ensure you do everything required of you, as a landlord.

Understand when to seek advice from a lawyer

Ask a lawyer for advice:
- if this document doesn’t meet your specific needs
- on tenants who want to run a business at your property
- on student/college accommodation
- if your tenant is a business (eg a company or partnership)
- on properties with rent of more than £100,000 per year
- if there are 3 or more prospective tenants that form more than 1 household, as the property may need to be licensed
Collapse