Holiday Flat Tenancy Agreement (Agent Version)
This Holiday Flat Tenancy Agreement (Agent Version) should be used where a Holiday Lettings Agency is acting on behalf of a Landlord to grant a short term lease of a furnished holiday flat or apartment. Usually the tenancy will have a term of one or two weeks. The Agency will sign the Agreement on behalf of the Landlord.
A genuine holiday letting is not capable of being an assured shorthold tenancy, so the provisions of the Housing Act 1988 (security of tenure, etc) do not apply. A term longer than two weeks can be granted but the term should not exceed 6 months, otherwise the arrangement will look less like a holiday let and more like an assured shorthold tenancy.
The Tenancy Agreement sets out the main details at the beginning, being the parties’ names, the address of the property, the rental period, the rent and the amount of the security deposit (if any). An Inventory should be completed and attached to the Tenancy Agreement to record the condition of the property and the furniture and contents.
Clause 1 is the grant of the tenancy.
Clause 2 contains standard legal interpretation clauses.
Clause 3 covers payment of a deposit (which is a percentage of the rent) and the balance of the rent.
Clause 4 is an optional clause requiring payment of a security deposit. The security deposit will be held by the Agency and applied against the cost of remedying any damage caused to the Property by the Tenant. It will be returned to the Tenant (less any deductions) after the holiday.
Clause 5 deals with cancellation. The holiday can be cancelled by the Tenant at any stage but the Agency will retain a specified amount of money depending on when notice of cancellation is received. This ranges from an administration fee (e.g. £100) for early cancellations to 100% of the rent for a last minute cancellation. The holiday is also deemed to be cancelled if the Tenant has not paid the rent (and security deposit, if applicable) by the due date.
Clause 6 contains the Tenant’s covenants. These cover careful use of the property, allowing the Agency and the owner access for inspections, and other practical matters. There are three versions of the “pets” clause: no pets; one well behaved dog; and pets allowed only with the express consent of the owner.
Clause 7 is the forfeiture clause. This allows the Landlord (through the Agency) to forfeit (i.e. bring to an end) the tenancy if there has been a substantial breach of any of the Tenant’s obligations.
Clause 8 contains the Landlord’s covenants. These cover quiet enjoyment (the right of the Tenant to use the property without interference) and provision of bed linen and towels.
Clause 9 will contain the parties’ addresses for service of documents. Section 48 of the Landlord and Tenant Act 1987 provides that rent is not lawfully due from a Tenant unless the Landlord has provided him with an address where notices are served. It is vital that the Tenant is given an up to date address for the Landlord. This can however be the Agency’s office address. If the Agency’s address is given in Clause 9.1, Clause 9.2 can be deleted.
Clause 10 is a jurisdiction clause.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Holiday Flat Tenancy Agreement (Agency Version) is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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