Holiday Flat Terms and Conditions (Agency Version)

These Holiday Flat Terms and Conditions (Agency Version) are for a Holiday Lettings Agency that manages bookings of holiday homes on behalf of property owners. They can be displayed on the Agency's website or in a brochure. Together with the Booking Form and the Confirmation Letter, these Terms and Conditions form the contract between the Agency and the holidaymaker.

What the Booking Form and Terms and Conditions cover

The Booking Form holds the property-specific details: the name and address of the property, the holiday dates and the price. The Terms and Conditions themselves are generic and can apply to any property in the Agency's portfolio.

The Booking Confirmation is sent once the booking has been accepted. At that point a contract is created between the Agency, acting as agent for the owner, and the holidaymaker.

Legal status of the holiday letting

The contract is a type of tenancy agreement, but it is not an assured tenancy. Genuine holiday lettings are not capable of being assured tenancies, so the security of tenure provisions in the Housing Act 1988 do not apply.

A typical holiday let runs for one or two weeks. A longer term can be agreed, but the term should not exceed 6 months, otherwise the arrangement will look less like a holiday let and more like an assured tenancy (or, in Wales, an occupation contract under the Renting Homes (Wales) Act 2016).

What the clauses cover

• Clause 1 contains definitions and, in many cases, refers to information contained in the Booking Form.
• Clause 2 deals with the booking procedure and payment of the deposit.
• Clause 3 covers payment of the balance of the rent.
• Clause 4 is an optional clause requiring payment of a security deposit. The Agency holds the security deposit and applies it against the cost of remedying any damage caused to the property by the holidaymaker, returning it, less any deductions, after the holiday.
• Clause 5 deals with cancellation. The holidaymaker can cancel the holiday at any stage, but the Agency retains a specified amount depending on when notice of cancellation is received, ranging from an administration fee (for example, £100) for early cancellations to 100% of the rent for a last minute cancellation. The holiday is also deemed cancelled if the holidaymaker has not paid the rent, and the security deposit if applicable, by the due date.
• Clause 6 sets out the Agency's obligations during the rental period. These cover quiet enjoyment, the holidaymaker's right to use the property without interference, and, optionally, the provision of bed linen and towels.
• Clause 7 sets out the holidaymaker's obligations during the rental period. These cover careful use of the property and 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 8 is the forfeiture clause. This allows the owner, through the Agency, to forfeit (bring to an end) the tenancy if there has been a substantial breach of any of the holidaymaker's obligations.
• Clause 9 contains standard legal interpretation wording and states the owner's address for the service of notices. Section 48 of the Landlord and Tenant Act 1987 provides that rent is not lawfully due from a tenant unless the landlord has given an address where notices can be served, so it is vital that the holidaymaker is given an up to date address for the owner. This can be the Agency's office address.

An Inventory should be stored at the property to record the condition of the property and the furniture and contents.

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