Holiday Flat Terms and Conditions (Agency Version)
These Holiday Flat Terms and Conditions (Agency Version) can be used by a Holiday Lettings Agency that manages bookings of holiday homes on behalf of the owners. The Terms and Conditions can be displayed on the Agency’s website or in a brochure. The Booking Form, Confirmation Letter and Terms and Conditions together form a contract between the Agency and the holidaymaker.
The Booking Form contains property-specific information such as the name and address of the property, the holiday dates and the price. The Terms and Conditions are generic and could apply to any property in the Agency’s portfolio. The Booking Confirmation is sent once the booking has been accepted. At this point a contract has been created between the Agency (as agent for the owner) and the holidaymaker.
The contract is a type of tenancy agreement but it is not an assured shorthold tenancy. This is because genuine holiday lettings are not capable of being assured shorthold tenancies. The provisions of the Housing Act 1988 (security of tenure, etc.) therefore do not apply. A typical holiday let is 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 shorthold tenancy.
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 security deposit will be held by the Agency and applied against the cost of remedying any damage caused to the property by the holidaymaker. It will be returned to the holidaymaker (less any deductions) after the holiday.
Clause 5 deals with cancellation. The holiday can be cancelled by the holidaymaker 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 holidaymaker has not paid the rent (and security deposit, if applicable) by the due date.
Clause 6 sets out the obligations of the Agency during the rental period. These cover quiet enjoyment (the right of the holidaymaker to use the property without interference) and, optionally, provision of bed linen and towels.
Clause 7 sets out the obligations of the holidaymaker during the rental period. 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 8 is the forfeiture clause. This allows the owner (through the Agency) to forfeit (i.e. 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 provided him with an address where notices are served. It is vital that the holidaymaker is given an up to date address for the owner. This can however 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.
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.
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