Contractual Tenancy Agreement – Furnished House

This Contractual Tenancy Agreement – Furnished House should be used by landlords in England who need to grant a tenancy that cannot be an assured tenancy under the Housing Act 1988. 

When Should This Agreement Be Used?

You should use this agreement where the tenancy cannot legally be an assured tenancy. Examples include:

• High value lettings (where the annual rent exceeds £100,000)
• Lettings where the property is not the tenant's only or principal home (e.g. second homes) 
• Residential landlord arrangements 
• Other tenancies excluded under Schedule 1 of the Housing Act 1988 

If you are unsure whether your tenancy qualifies as an assured tenancy, you must seek legal advice before proceeding. 

Why Use This Template

This template has been drafted in line with current housing legislation and unfair contract terms guidance.  The Agreement sets out:

• The parties details 
• The property address
• The tenancy term 
• The rent payable 
• An optional tenancy deposit clause
• Tenant covenants (including payment of rent and outgoings, repair, use, and compliance obligations)
• Landlord covenants (including quiet enjoyment and repair obligations)
• A Forfeiture clause.  This allows the landlord to forfeit (i.e. bring to an end) the tenancy if the rent is at least 21 days overdue or if there has been a substantial breach of any of the tenant’s obligations.  Landlords should note that it will still be necessary to go to court in order to obtain possession of the property.
• An optional break clause
• Jurisdiction and service of notice provisions. 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.

Deposit Protection and Best Practice

Although tenancy deposit protection legislation strictly applies to tenancies covered by the Housing Act 1988, landlords are strongly advised to protect deposits taken in contractual tenancies as a matter of good practice.  

This is particularly important because a contractual tenancy may later become an assured tenancy if circumstances change, for example,  if the property becomes the tenant's principal home. 

For more information on Tenancy Deposits please see:  Guidance for Landlords on Tenancy Deposit Protection and Guidance Note: Property Inventories.

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 Contractual Tenancy Agreement – Furnished House 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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