MAKE YOUR FREE Tenancy Application Form

What we'll cover
What is a Tenancy Application Form?
Tenancy Application Forms are used to collect information from applicants for a tenancy – including information on income and occupation, suitability for the tenancy, and reference details. If you’re renting out a property, creating a Tenancy Application Form tailored to your property and the tenancy you’re offering helps you to efficiently choose the best tenant.
For use in England only.
When should I use a Tenancy Application Form?
Use this Tenancy Application Form:
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to collect applications for a new tenancy of a house, flat, or room in a property
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when you’re offering an assured shorthold tenancy (AST)
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when the property will be the tenant’s main home
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when you’ll only rent to a private individual or multiple private individuals (ie not a commercial tenant)
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when the landlord will not be living at the property
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for properties located in England only
Sample Tenancy Application Form
The terms in your document will update based on the information you provide
Tenancy Application Form
Please complete this Tenancy Application Form to apply for a tenancy of , , England.
If you have any questions about the property or the application process, please contact.
Information for Applicants
The Tenancy
This application is for an Assured Shorthold Tenancy (AST) of the residential property identified above. For more information about the property, please see the brochure or information sheet provided or online listing, or ask .
Key tenancy details:
- The tenancy will be a.
- The property is available , and the successful applicant’s tenancy will start on this date or later as agreed between them and the landlord.
- The rent will be £ per (). This is the total rent to be paid by all joint tenants, if more than 1 tenant pays rent.
Before making an application, you should be aware of the following:
- This property is not available to students.
- The landlord does not allow pets in this property.
- Smoking is not permitted in this property.
Details of the Application Process
After you submit your application:
If the landlord has additional questions for you during the screening process, they may reach out to you via the contact details you provide in this form.
Any entitlements of or obligations on the landlord and tenant set out in this application are subject to the terms of any tenancy agreement ultimately formed in relation to the property. If there are any inconsistencies between this document and a tenancy agreement, the tenancy agreement must be followed.
This page and the preceding pages should be kept by the applicant and referred to for information about the tenancy application process.
Your Application
Please complete the application form below and return this page and all following pages to the . You should.
Part I: Your Key Details
- Full name:
- Current or most recent address:
- Time that you've lived at this address:
- Phone number:
- Email address:
- Date (or range of dates) you are available to move in:
Please answer the following questions to help us establish your suitability for this tenancy:
- Do you (or any other members of your household who would live in the property) smoke?
☐ Yes
☐ No - Have you ever been declared bankrupt or made an Individual Voluntary Arrangement (IVA)?
☐ Yes
☐ No - Do you have any pets?
☐ Yes
☐ No - If you do have pets, state how many pets you have and what animals they are:
Joint Applications
- Are you making a joint application for this tenancy?
(Select ‘Yes’ if you’re applying to rent this property along with somebody else. If you’re intending to rent as a family or a group, each person that you want to be named on the tenancy agreement (i.e. everyone who will be responsible for rent) should fill in their own application form.)
☐ Yes
☐ No
If you’re making a joint application, please tell us:
- Names of the people you’re applying with:
(Your application form will be viewed and checked alongside the forms submitted by all other applicants you are making a joint application with. All joint applicants are required to pass all relevant checks, or the group as a whole will not be offered this tenancy.)
- How your group intends to share the rent payable for this tenancy:
Your Household
- Would anybody who is not one of the tenants be living in the property with you?
(This includes any children, adult dependant relatives, or others who would live with you but not be named in the tenancy agreement nor responsible for rent. Remember, anybody who will be responsible for rent should fill in their own application form.)
☐ Yes
☐ No
If anybody who is not a tenant would be living in the property with you, please provide:
- Names and ages of the people who would be living with you:
Part II: Income and Financial Suitability for Paying Rent
Occupation and Income
Please provide an overview of your income, to demonstrate that you can pay the rent due for this property:
- Your total monthly income:
- Income from employment or self-employment:
(e.g. your annual salary or your hourly wage and number of hours worked.)
- Other sources of income:
(e.g. income from rental properties or other investments, grants or scholarships, student maintenance loans, universal credit or other benefits, pensions, savings accounts, payments from family members, or other income sources. Please set out (exactly or, where necessary, as an approximation) how much income you receive from each of your income sources.)
Please provide the following information about your current occupation:
- Occupation:
(e.g. job role.) - Employer:
(Or, if you’re self-employed, state this here.) - Is the above permanent or fixed-term employment?
☐ Permanent
☐ Fixed-term
Guarantor
If you wish to offer a guarantor to strengthen your application, please provide details of the person who has agreed to act as a guarantor in relation to your potential tenancy (subject to you, the landlord, and the guarantor signing a valid tenancy agreement if you are selected for the tenancy):
Guarantor’s full name:
Address:
Phone number:
Email address:
Please provide an overview of your guarantor’s income, to demonstrate that they can pay the rent due for this property if you do not:
Total monthly income:
Income from employment or self-employment:
(e.g. your guarantor’s annual salary or their hourly wage and number of hours worked.)
Other sources of income:
(e.g. income from rental properties or other investments, grants or scholarships, student maintenance loans, universal credit or other benefits, pensions, savings accounts, payments from family members, or other income sources. Please set out (exactly or, where necessary, as an approximation) how much income your guarantor receives from each of their income sources.)
Please provide the following information about your guarantor’s current occupation:
- Occupation:
(e.g. job role.) - Employer:
(Or, if they’re self-employed, state this here.) - Is the above permanent or fixed-term employment?
☐ Permanent
☐ Fixed-term
Part III: Checks and Referencing
Applicant Checks
As part of the application process, the landlord will conduct the following checks for :
- Proof of identity: an applicant will be asked to supply a driving licence or a passport to prove their identity. If you do not have either of these forms of identity, alternatives can be discussed with the . If any of these documents are already provided during another of the screening checks, it need not be provided again.
- Employment confirmation: the landlord may contact an applicant’s employer or accountant to confirm details provided about their employment or income from self-employment.
- Guarantor confirmation: if an applicant has offered a guarantor, the landlord may contact the guarantor to confirm that they’re willing to act as a guarantor, and to conduct some or all of the same checks that have been carried out on the applicant themselves.
- Referencing: .
- A right to rent check: see details in the ‘Right To Rent’ section, below.
Previous Addresses
If you’ve lived at your current address for less than , please provide all other addresses you have lived at during the previous .
First previous address:
- Address:
- Dates that you lived at this address:
Second previous address:
- Address:
- Dates that you lived at this address:
Third previous address:
- Address:
- Dates that you lived at this address:
Fourth previous address:
- Address:
- Dates that you lived at this address:
If you’ve lived at any more addresses within the previous , please add these here. You can also set out any other details you want to provide about previous addresses:
Right To Rent
A right to rent check is a check that landlords in England are legally required to complete to check that any tenant they rent to is legally allowed to live in the UK. Right to rent checks must be carried out for all intended tenants, regardless of nationality.
You can prove your right to rent either by providing a right to rent ‘share code’ or using original documents:
- If you have a share code, you should use this option to prove your right to rent. You may have a share code that proves your right to rent if you, for example:
- Live in the UK under a visa or with settled or pre-settled status.
- Recently applied for a UK visa, or
- Otherwise prove your right to live in the UK using a biometric residence card or permit.
- If you will prove your right to rent using original documents, you can use:
- If you’re a British or Irish citizen: A British or Irish passport or Irish passport card (whether current or expired), or a certificate of registration or naturalisation as a British citizen, or
- Your original immigration documents:
- Examples include (but are not limited to): a passport containing an endorsement that you are allowed to live in the UK for a limited period with indefinite leave to remain, right of abode, or similar; a certificate of registration of naturalisation as a British citizen; and a Certificate of Application (non-digital) evidencing your application for the UK EU Settlement Scheme.
- Note that biometric resident permits and European Economic Area (EEA) or Swiss passports and national identity cards or physical evidence of permanent residence are no longer accepted as proof of right to rent – individuals who previously used these documents should now use a share code instead.
If you’re not sure how to prove your right to rent, ask the for assistance.
Please tell us:
- How will you prove your right to rent?
☐ Share code. My share code is:
☐ Original documents. I will provide the following document(s):
Part IV: Tenant Requests
Please set out any specific requests you have in relation to the tenancy. For example, you might state that you’d need to make adjustments to the property for accessibility purposes, want permission to keep a specific pet, or want to include a break clause in the tenancy agreement.
Note that any requests you make will be at the landlord’s discretion to grant (as far as allowed by law – if you require Equality Act 2010 reasonable adjustments in relation to the tenancy, please contact the to discuss these directly).
Tenant requests:
Part V: Data Protection, Declarations, and Consent
The landlord will handle all personal information you give them safely and responsibly and in accordance with UK data protection laws (including the UK GDPR). Please tick the box below if you consent to the landlord processing (e.g. collecting, using, and storing) your personal data for the purposes of selecting a tenant for this property and initiating a tenancy. If you have any questions about how your information will be used, please contact the using the contact details provided above.
Please tick to provide consent:
- ☐ I consent to the landlord processing my personal data as set out above.
Please tick to confirm the following statement:
- ☐ I declare that the information I have provided above is true to the best of my knowledge. I understand that, if it is discovered that it is not, my application will be withdrawn.
Thank you!
Thank you for your interest in the property. We appreciate the time you’ve taken to make your application and are committed to handling it fairly and respectfully and in accordance with equality and anti-discrimination law. We will be in touch in due course.
About Tenancy Application Forms
Learn about making your Tenancy Application Form
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How to make a Tenancy Application Form
Making your Tenancy Application Form online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information about the tenancy and application process prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The landlord
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Is the property being rented out by the landlord or their agent (eg an estate agent)?
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What are the name, address, and (optionally) phone number of the landlord or, if they’re using an agent, the agent?
The property and tenancy
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What’s the address of the property you’re renting out?
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Are you offering a fixed term tenancy (ie a tenancy that lasts for a specified period of time) or a periodic tenancy (ie a tenancy with no fixed term that renews from rental period to rental period)? (If you’re not sure yet, you can decide this later).
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If fixed term, how long is the fixed term?
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If periodic, what’s the rental period (ie the time between dates that rent is due, eg one month)?
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When is the property available to rent?
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Do you accept applications from students?
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Are pets allowed in the property?
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Is smoking allowed?
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Do you want to set out any specific rules or provisions for the tenancy?
Rent and fees
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How much will the rent be?
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Does the rent include utility costs?
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Does the tenant need to pay a tenancy deposit? If so, how much is it?
Applicant income and financial position
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Do you require that applicants have a guarantor if:
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Their monthly income is (always or sometimes) less than a certain amount per month?
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They're self-employed?
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They're currently unemployed?
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They're a student?
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They can't provide at least one reference from a previous landlord for a property they rented in the UK?
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They can't provide at least one reference from a previous landlord (for a property rented anywhere)?
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Applicant checks and screening
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What period of time do applicants need to provide their address history for?
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Will you conduct:
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Credit checks?
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Proof of finances checks (eg checking bank statements for evidence of income and expenditures)?
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Proof of address checks?
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Will you conduct your planned checks for a shortlist of applicants or only for one favoured applicant?
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Will you carry out checks after application forms are submitted (ie you’ll collect referees and permission to contact them from applicants via their application forms) or later (ie you’ll contact shortlisted or selected applicants to request referees' details and permission to contact them after an initial review of their applications)
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Will you request a holding deposit before conducting (all or some) checks? If so, how much will you ask for?
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What references must applicants provide (ie how many, and do some or all of these need to be from previous landlords)?
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If you require landlord references, do references from landlords outside of the UK qualify?
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Processing applications
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When they've completed their form, should an applicant hand it to the landlord (or their agent) or email it to them?
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Do you want to include a landlord's screening checklist in your form? This is a tick-box checklist that you can use to keep track of which checks you've conducted for which applicant.
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Common terms in a Tenancy Application Form
Tenancy Application Forms help you collect information from prospective tenants to efficiently and safely choose who to rent your property to. To do this, this Tenancy Application Form template includes the following terms and sections:
Information for applicants
The Form starts by setting out some essential information about the property and the tenancy you’re offering. This ensures applicants are clear about what they’re applying for and reduces the risk that you’ll need to filter lots of applications from unsuitable applicants. The information set out in this section includes:
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how long the tenancy will last for
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when the property is available
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the rent and any tenancy deposit due
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whether the property can be rented by students, smokers, or pet owners
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details on how you’ll process applications (eg whether you’ll select a shortlist and when you’ll conduct referencing and other checks)
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a statement reminding applicants that no tenancy is entered into until a final Tenancy agreement is signed and that the terms of that agreement will override any details set out in a Tenancy Application Form
The page(s) making up this section should be kept by an applicant after they submit the application sections below.
Part I: Your key details
The application section of the Form starts by gathering an applicant’s key details, including their current address and contact details. It asks about some key factors that might indicate how likely the applicant is to reliably pay rent and the likelihood that they’ll damage the property: whether they have pets, smoke, or have ever been declared bankrupt or made an Individual Voluntary Arrangement (IVA).
It asks whether the applicant is applying jointly with one or more other applicants. If they are, each applicant should submit their own application and you should review these as a group.
Part II: Income and financial suitability for paying rent
Next, the Form collects details of applicants’ income and general financial position. It asks about their amount of monthly income and how much comes from employment, self-employment, and other sources (eg savings, grants, benefits, or dividends).
It asks what the applicant’s occupation is and whether their employment contract is fixed-term or permanent (to help you establish whether their income is likely to continue at the same rate). If you’re collecting details for referencing and checks in your Form, this section will also ask for an employer contact or, if the applicant is self-employed, their accountant’s details.
Guarantors
Part II also deals with guarantors. It sets out any situations in which you’ve indicated applicants must offer a guarantor. These could include, for example, if they’re self-employed, a student, or unable to provide references from previous landlords.
For any guarantor they offer, applicants will be asked to provide their guarantor’s contact details and the same income and occupation details that were requested of the applicant themselves.
Part III: Checks and referencing
This section starts by telling applicants which checks you’ll carry out while choosing a tenant. Landlords should always check proof of identity and conduct a legally compliant right to rent check, so these are always included. If you’ve indicated that you’ll also carry out credit checks, proof of finances checks, and/or proof of address checks, these are also listed.
If you require applicants to provide their previous addresses to cover a certain period of time (eg three years), this section also requests these addresses.
References
If you’re collecting referencing information in your Form, Part III also asks applicants to provide referees’ details. The details requested are tailored depending on how many references you require and whether one or more of these need to be from a previous landlord.
Right to rent
This part of the checks and referencing section is always included, as all landlords (or their agents) should carry out right to rent checks on all of their tenants (aged 18 or over). If they do not, they may be subject to serious sanctions, including fines. The section asks applicants how they’ll prove their right to rent.
Part IV: Tenant requests
Part IV asks applicants to set out any specific requests that they have in relation to the property. This offers an opportunity for greater transparency, as any specific needs (eg requests to keep specific pets, negotiate specific move-in or move-out dates, or have reasonable adjustments) are communicated by applicants at an early stage, so you can take into account which requests you can agree to as part of the initial screening process.
Part V: Data protection, declarations, and consent
This is an important part of the Tenancy Application Form. It tells applicants how the landlord and any agent will process their personal data (ie how they’ll handle the personal information that applicants provide in their Forms) and asks applicants to tick a box to provide consent to their information being used in this way. Telling applicants how you’ll use their information and collecting their explicit consent to this use is a key aspect of your compliance with data protection law as a landlord.
If you’re collecting referencing information in your Forms and conducting checks after applicants submit their applications (ie rather than asking for this information later on), this section will also include a section with an additional tick-box that asks applicants to consent to the landlord or their agent carrying out relevant checks (eg referencing and confirming employment details) by contacting people whose details are given in the Form. Applicants are also asked to indicate that they consent to references and others (eg employers) disclosing information about them to the landlord.
Thank you!
The body of the Form ends with a brief statement thanking applicants for taking the time to apply for the tenancy and assuring them that applications will be handled fairly and respectfully and in accordance with equality and anti-discrimination law.
Landlord’s or agent’s screening checklist
If you decide to include a screening checklist, this will be included in a new page at the end of your Form. It will set out tick-box items personalised to the types of checks you’ve indicated you’ll conduct for applicants. You can use the checklist to keep track of which checks you’ve conducted for which applicant.
If you want your Tenancy Application Form to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a Legal Pro to review the document for you (or to make the changes for you) to make sure that your modified Tenancy Application Form complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for landlords
Be organised when you start a tenancy
Renting out your property is a serious matter with various legal hurdles you must navigate to ensure you comply with the law while protecting your property. Make sure you’re organised with all documentation and permissions that you need ready for when you start your tenancy. For more information, read Legal obligations of a landlord, Tenants’ rights, and Tenants’ and owners’ obligations.
Additionally, make sure the process of renting out your property is well documented to avoid future disputes as to, for example, the state of the property or terms of the tenancy. You should:
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make a Tenancy agreement to start your tenancy
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create an Inventory of the property's fixtures and features and their condition when the tenant moves in
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keep records of all communications with your tenants and of all payments they make (eg using a Rent receipt)
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
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you need a Tenancy Application Form for a commercial property
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you want to rent out a property for more than £100,000 or less than £250 (or less than £1,000 in London) per year
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you want to create a tenancy for a term longer than two years and 11 months
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you’re considering renting to applicants who may form more than one household and you’re not sure if it counts as a HMO
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you need advice on how to meet one of your landlord’s legal obligations
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this Tenancy Application Form doesn’t cover everything you want or doesn’t meet your needs
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Tenancy Application Form FAQs
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What is included in a Tenancy Application Form?
This Tenancy Application Form template covers:
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your tenancy application process
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collecting applicants details, including income and employment details
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requesting and/or allowing guarantors
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which tenancy checks you’ll conduct
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collecting reference information and other information for tenancy checks
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tenants’ requests (including requests for reasonable adjustments)
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data protection information and consent
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consent to reference checks
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the landlord’s screening checklist
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Why do I need a Tenancy Application Form?
Creating a comprehensive Tenancy Application Form that’s tailored to your specific property and tenancy helps you streamline the tenant selection process whilst ensuring legal compliance. Residential tenancies are subject to lots of regulation, so it’s important to take a structured approach to collecting and using applicants’ information, conducting tenancy checks, and making decisions on which tenant to rent to. Having a specific Form helps guide you through this process in a consistent and organised way to ensure you efficiently pick the most suitable tenant for your property.
Additionally, the Form provides key compliance information to both landlord and tenant. For example, by explaining and facilitating right to rent checks, correct use of holding deposits, and avoiding discrimination during the rental process.
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What is an assured shorthold tenancy (AST)?
ASTs are the main type of residential tenancy used in England. ASTs grant tenants the right of exclusive possession of a property for the length of a tenancy in exchange for market rent. Exclusive possession means that the person renting a property can live in it and the landlord cannot.
An AST can be fixed term or periodic (ie rolling). It can be ended by a landlord (ie the tenants can be evicted) if certain conditions are met. AST tenants have certain tenancy protections. For example, landlords must adhere to certain notice periods and requirements for carrying out evictions or rent increases.
For more information, read Residential tenancies.
This Tenancy Application Form is designed to be used only to rent out property under an AST. This is because the information provided and sought in the Form is tailored to the rules applicable to ASTs. If you need a Tenancy Application Form for a different type of tenancy (eg a secure tenancy) or for a lodger, you can Ask a lawyer for help tailoring your Form.
What is market rent?
For a tenancy to qualify as an AST, the rent payable under the tenancy must be within the AST rent limits. It should be:
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below £100,000 per year
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above £250 per year (or above £1,000 per year in London), and
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‘market rent’ - ie at a similar rate to that for similar properties in the local area
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What is right to rent?
To rent a property in the UK, a person must have the ‘right to rent’ in the UK based on their immigration status and permissions. British citizens have the right to rent as do many others – including Irish citizens, people with indefinite leave to remain in the UK, a visa allowing them to live in the UK, any many others.
Landlords have a legal obligation to carry out a right to rent check on every intended tenant (aged 18 or over) before renting to them. This applies equally to all prospective tenants, regardless of nationality or any other factors (such as accent or appearance).
The way that a prospective tenant should prove right to rent depends on which immigration permission their entitlement is based on. Individuals with recent visas, for example, will generally have an online ‘share code’, which should be used. However, British passport holders might prove their right to rent by showing the landlord their passport.
This Tenancy Application Form helps you comply with the requirement to check right to rent by including a section explaining the check to applicants and asking them how they can prove their right to rent – by share code or using original documents.
For more information, read Right to rent.
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Can I decide who I rent to?
Fundamentally, a landlord can choose who they rent to. For example, you can choose whether to rent to students or to people who smoke.
You must, however, take care to avoid discrimination when selecting a tenant. The Equality Act 2010, which prohibits certain types of unlawful discrimination, applies to landlords (and their agents). This means that you cannot refuse to rent a property to someone or treat them differently (eg by offering harsher terms) due to their status in relation to a ‘protected characteristic’ such as race, disability, sex, or pregnancy.
Additionally, landlords are specifically prohibited from having policies of not renting to people in receipt of benefits (eg housing benefit or universal credit).
For more information on avoiding unlawful Equality Act discrimination, read Equal opportunities and discrimination. For specific information on avoiding discrimination when renting out property, read Shelter’s guidance on direct and indirect discrimination in housing.
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How do I choose a tenant?
You should choose a tenant that you’re confident will meet their obligations under a Tenancy agreement and take care of your property. Of course, you can never be 100% sure how any future tenant will act. However, you can collect information about a prospective tenant to make an informed decision as to who would be suitable. This is the purpose of the checks and screening that the Tenancy Application Form facilitates.
Factors that you should take into account when choosing a tenant include:
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their income – ie how much they earn and how reliable their income is (eg if they’re self-employed or near the end of a fixed-term contract, their ability to make rent payments may be less predictable)
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how well previous landlords state they cared for their properties (or other referees’ opinions of their responsibility)
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whether they have pets or smoke
It’s important to pick tenants who are likely to pay rent and look after your property, but you should take care not to unreasonably exclude applicants who may be equally suitable but are in a more unique situation. For example:
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if someone is self-employed but can show a strong earning history and savings, they’re likely to be able to reliably pay rent
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if someone has a lower income or no income (eg if they’re a student), renting to them could still be a good option if they supply a guarantor
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if somebody cannot supply previous landlord references (or only references from abroad), this doesn’t necessarily mean they’ll be a bad tenant – they may simply be moving from home, student accommodation, or abroad for the first time. You can secure a guarantor and/or other references to compensate for this uncertainty
For more information, read Picking a tenant.
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Can I decide whether tenants can have pets?
A landlord can choose whether to rent to allow their tenants to have pets at a property.
However, you should allow animals to live in your property as needed to comply with equality laws. For example, by allowing a service dog to live in a property with their owner. This is often considered a ‘reasonable adjustment’ under the Equality Act 2010, which a landlord legally must make.
Consider also granting exceptions to any no-pet rules for animals such as emotional support dogs, whose owners aren't always protected by equality law.
For more information, read Service animal rights and Assistance dogs and the Equality Act 2010.
You should also be aware that the law on pets in properties in England is likely to change in 2025. It's likely that landlords won't be allowed to unreasonably deny tenants' requests to keep pets if and when the Renters’ Rights Bill becomes law. For more information, read The new Renters’ Rights Bill vs the old Renters’ Reform Bill.
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Do landlords have to comply with data protection laws?
Data protection law is the set of legal rules that protect individuals privacy by restricting how their personal data (ie information about an individual from which they may be identified) can be processed (eg collected, used, and stored) in the UK.
Landlords are subject to data protection law. This means that, when you collect any personal information from an applicant in a Tenancy Application Form, you must comply with data protection law. This Tenancy Application Form helps you to comply by including a statement that the landlord and any agent of the landlord will comply with data protection law when handling the applicant’s personal data, and requesting that the applicant ticks a box to provide explicit consent to this use of their information.
Alongside this statement, it’s important that you comply with data protection law by, for example:
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processing personal data in accordance with the data protection principles (eg by keeping it private and safe and only using it for the purposes of selecting a tenant)
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registering with the Information Commissioner’s Office (ICO) and paying their annual data protection fee
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telling applicants and tenants how you process their personal data – for example, stating what you use it for, how long you’ll keep it for, and why you’re collecting the data you’re collecting. You can provide this information in a landlord’s privacy notice or privacy policy – use our bespoke legal drafting service if you need one made
For more information, read Data protection for private landlords.
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What is a holding deposit?
A holding deposit is money a potential tenant pays a landlord in exchange for the landlord reserving a property for them until a tenancy agreement is signed. For example, while the landlord or their agent are carrying out checks like a credit check or referencing.
Holding deposits are refundable. This means that the deposit should be returned to the tenant after checks are complete else deducted from their first rent payments (assuming they start a tenancy). Exceptions apply, for example, if the landlord offers the prospective tenant the tenancy but the tenant then declines it, or if the tenant fails a right to rent check.
You can only take a holding deposit from one potential tenant at a time (or one group of joint applicants). The maximum amount that a landlord can take as a holding deposit is the equivalent of one week of rent.
When taking a holding deposit, you should make a formal record of this and clarify the landlord’s and tenant’s obligations using an Initial holding deposit form.
For more information, read Holding deposits.
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Can I charge applicants for referencing and other checks?
Since the Tenant Fees Act 2019 came into effect in June 2019, landlords are prohibited from charging any fee that is not one of the fees expressly permitted by this law. Certain fees you might take as part of a tenancy application process are permitted, such as refundable holding deposits. Charging applicants for carrying out referencing or other checks (eg right to rent or employment checks) is not permitted.
For more information, read Tenant fees.
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What’s the process for renting out my property?
You can use this document template to make your Tenancy Application Form. But what’s next?
After collecting all applications, you should conduct an initial screening to eliminate any applications that are clearly unsuitable (eg applications from smokers if you don’t allow smokers, or from people whose declared income is definitively not enough to meet the rent and who have not provided a guarantor). Next, carry out your checks in the way you’ve said you will in your Form (eg by checking a shortlist of applicants, after contacting them for reference information).
Once you have all the information you need to make a decision, you can choose the person (or group) you think will be a suitable tenant – but take care not to unlawfully discriminate when making your decisions (see ‘How do I choose a tenant?’, above, for details). You can take a holding deposit at some point during the selection process, if appropriate (read ‘What is a holding deposit?’, above, to learn more).
Once you’ve chosen a tenant, you can offer them the tenancy and negotiate any outstanding details (eg their precise move-in date and agreeing to any tenant requests).
Then, formalise your agreement in a legally binding Tenancy agreement, which sets out the landlord’s and tenant’s (and any guarantor’s) obligations and the terms of the tenancy to ensure clarity for all involved.
Before your tenant signs their agreement and/or moves in, or shortly after this (depending on the obligation), make sure to meet all of your legal obligations as a landlord renting out property. For example:
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providing required information about the property (eg an Energy Performance Certificate (EPC), information about the tenancy deposit scheme, and the landlord’s name and address)
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ensuring the property is safe and fit for human habitation
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holding any necessary licences (eg a HMO licence if the property is a HMO)
When the tenant moves in, compile a detailed list of all the items at the property and their condition, to avoid any disputes when the tenant moves out. You can use our Inventory template and FAQs for this purpose.
For more information, read Legal obligations of a landlord. Use our How to make a tenancy agreement checklist to guide you through the process.
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What happens if multiple applicants apply as a group?
This Tenancy Application Form is designed so that it can be used for applicants applying alone or as part of a group of people that intend to rent the property jointly.
If multiple people are renting the property jointly (eg as a group that’s sharing rent), each member of the group that’s going to be part of the tenancy agreement and paying rent should fill in their own Form. The Form includes a prompt asking applicants to tell you the names of any other applicants they’re applying jointly with. In this situation, you should evaluate the joint applicants as a group.
If an applicant will have another person living with them who will not be signing the tenancy agreement and paying rent (eg somebody under 18 or an adult dependant relative), this person does not need to fill in their own application. The Tenancy Applications Form asks applicants who would live in the property with them if they’re given the tenancy. Note that, regardless of whether they’re paying rent or not, you should conduct right to rent checks on any person 18 or over who will live in your property.
If you’re renting to three or more tenants who form more than one household (a household is a single person or a group of members of the same family, including couples), your property will be categorised as a House in Multiple Occupation (HMO) and you may need a licence to rent it out and have additional safety obligations. For more information, read HMOs.
Be aware that, when you eventually form a tenancy agreement, you can have multiple joint tenants but English law does not allow more than four joint tenants to hold the legal interest in a lease (ie a tenancy). More than four people may hold a tenancy and be protected by housing law (eg the protection available for ASTs under the Housing Act 1988), but in such instances, ownership becomes a more complex mixture of legal and beneficial interests and you should Ask a lawyer for assistance when making your tenancy agreement.
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Can I use this Tenancy Application Form to rent out one room in a property?
Yes. Individual rooms in a property can be rented out under ASTs, so this Tenancy Application Form can be used to rent out one or more rooms in a property. For example, if you’re renting multiple separate rooms to tenants but they will have shared use of certain spaces (eg a kitchen). In this situation, you should create a Tenancy Application Form for each room (so you can keep applicants for each room separated out).
When you choose a tenant and it’s time to make the tenancy agreement, use our Room rental agreement template and FAQs. This is a tenancy agreement for an AST that’s specifically tailored to be used to rent out individual rooms.
If you’re renting out a room in the house that you live in (ie as a live-in landlord), the above does not apply, as likely the person you’re renting to would be considered a lodger with a licence rather than a tenant. For more information, read Taking in a lodger.
Remember, renting out multiple rooms in a property with shared facilities (eg kitchen and bathroom) may classify your property as a HMO – which brings specific licensing and safety requirements. For more information, read HMOs.
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Do I need permission to rent out a property?
Generally, a homeowner can choose whether to rent their property to someone else. However, sometimes another party with an interest in the property may need to provide consent. For example, you might need consent from a head landlord (eg if you own your property as a leasehold) or a mortgage lender. Sometimes, parties like mortgage lenders might give consent provided you meet certain conditions, such as having rent guarantee insurance. Before renting out your property, you should check whether you need consent from any other parties and obtain this consent.
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Does the Tenancy Application Form ask for guarantors?
A guarantor is somebody who ‘guarantees’ a tenant’s obligations under a tenancy agreement. For example, their promise to pay rent. This means that, if the tenant fails to meet their rent payments, the guarantor must pay the rent to the landlord instead.
As a landlord, you can require that somebody has a guarantor before renting to them. This might be appropriate if, for example, an applicant is:
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a student
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currently unemployed or earning a low wage
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self-employed with unreliable income
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unable to provide the references you want (eg if you require a UK landlord reference, and they’ve just moved to the UK)
When you make your Tenancy Application Form, you’ll be prompted to select any situations like these in which you require a guarantor. The Form will always include space for applicants to offer a guarantor by choice to strengthen their applications.
To make a legally binding arrangement with a guarantor, they need to be a party to and sign the tenancy agreement alongside the tenant.
For more information, read Guarantors and Picking a tenant.
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