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Pre Tenancy Agreement Template for England and Wales

A Pre Tenancy Agreement is a legally binding document used in England and Wales that establishes the terms and conditions between prospective landlords and tenants before entering into a formal tenancy agreement. It typically covers holding deposits, referencing requirements, timelines, and preliminary agreements about the proposed tenancy. The document ensures clarity and protection for both parties during the pre-tenancy phase and complies with relevant housing legislation including the Tenant Fees Act 2019.

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What is a Pre Tenancy Agreement?

The Pre Tenancy Agreement serves as an essential preliminary contract in residential lettings across England and Wales. It is typically used when a prospective tenant expresses serious interest in renting a property and both parties wish to formalize their commitments before proceeding to a full tenancy agreement. This document outlines key aspects such as holding deposits, reference requirements, proposed rental terms, and timeframes for completion. It provides legal protection for both parties during the pre-tenancy phase and ensures compliance with current housing legislation while setting clear expectations for the formal tenancy process.

What sections should be included in a Pre Tenancy Agreement?

1. Parties: Details of the prospective landlord and tenant

2. Background: Context of the pre-tenancy agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Property Details: Specific information about the rental property

5. Holding Deposit Terms: Amount, purpose, and conditions of the holding deposit

6. Referencing Requirements: Details of required references and checks

7. Timeframes: Expected timeline for completion of checks and tenancy start

What sections are optional to include in a Pre Tenancy Agreement?

1. Proposed Tenancy Terms: Outline of intended tenancy terms, used when main terms are already agreed

2. Special Conditions: Any specific requirements or conditions that apply to this pre-tenancy agreement

3. Guarantor Requirements: Details of guarantor requirements and conditions if applicable

What schedules should be included in a Pre Tenancy Agreement?

1. Schedule 1: Reference Requirements: Detailed list of required references and documentation

2. Schedule 2: Proposed Rent and Deposit Details: Breakdown of proposed financial terms

3. Appendix A: Right to Rent Requirements: Documentation required for right to rent checks

4. Appendix B: Property Information: Detailed property information including EPC rating and safety certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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