Holiday House Terms and Conditions (Agency Version)

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

How the documents fit together

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.

Why this is not an assured tenancy

The contract is a type of tenancy agreement, but it is not an assured tenancy. Genuine holiday lettings cannot be assured tenancies, so the security of tenure and other provisions of the Housing Act 1988 do not apply.

In Wales, assured shorthold tenancies were replaced by occupation contracts under the Renting Homes (Wales) Act 2016 from 1 December 2022.

A typical holiday let runs for one or two weeks. A longer term can be agreed, but it should not exceed 6 months. Beyond that, in England the arrangement will look less like a holiday let and more like an assured tenancy under the Housing Act 1988, which, since the Renters' Rights Act 2025 came into force on 1 May 2026, is open-ended and can only be ended on a ground in Schedule 2 to the Housing Act 1988.

What the terms and conditions cover

• Clause 1: definitions, many of which refer to the Booking Form.
• Clause 2: the booking procedure and payment of the deposit.
• Clause 3: payment of the balance of the rent.
• Clause 4 (optional): payment of a security deposit, held by the Agency against the cost of remedying any damage caused by the holidaymaker and returned, less any deductions, after the holiday.
• Clause 5: cancellation. The holidaymaker can cancel 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 treated as cancelled if the holidaymaker has not paid the rent, and the security deposit if applicable, by the due date.
• Clause 6: the Agency's obligations during the rental period, covering quiet enjoyment of the property and, optionally, the provision of bed linen and towels.
• Clause 7: the holidaymaker's obligations during the rental period, covering 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; or pets allowed only with the owner's express consent.
• Clause 8: the forfeiture clause, allowing the owner, through the Agency, to bring the tenancy to an end where there has been a substantial breach of any of the holidaymaker's obligations.
• Clause 9: standard interpretation wording and the owner's address for service of notices. Under section 48 of the Landlord and Tenant Act 1987, rent is not lawfully due from a tenant unless the landlord has given an address for service of notices, so it is important that the holidaymaker is given an up-to-date address for the owner. This can be the Agency's office address.

Other practical points

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

Holiday House Terms and Conditions (Agency Version) is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.