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Pre Tenancy Agreement

Pre Tenancy Agreement Template for England and Wales

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Key Requirements PROMPT example:

Pre Tenancy Agreement

"I need a Pre Tenancy Agreement for a 2-bedroom flat in London, where the prospective tenant requires a guarantor and we need to include specific clauses about proof of employment as they are relocating from overseas in March 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Housing Act 1988: Primary legislation that defines assured and assured shorthold tenancies and establishes fundamental tenant and landlord rights

Landlord and Tenant Act 1985: Sets out landlord's repairing obligations and defines minimum standards for property condition in rental properties

Consumer Rights Act 2015: Ensures fairness in contract terms and provides protection against unfair practices in tenancy agreements

Housing and Planning Act 2016: Contains provisions regarding rogue landlords and establishes additional tenant protection measures

Data Protection Act 2018 & UK GDPR: Governs the handling of personal information in tenancy relationships, particularly relevant for tenant referencing and information storage

Tenant Fees Act 2019: Restricts permissible fees that can be charged to tenants and provides regulations for handling holding deposits

Immigration Act 2014 (Right to Rent): Mandates checks on prospective tenant's legal right to rent property in the UK

Smoke and Carbon Monoxide Alarm Regulations 2015: Establishes safety requirements for rental properties regarding smoke and carbon monoxide detection

Energy Performance of Buildings Regulations 2012: Mandates requirements for Energy Performance Certificates in rental properties

Homes (Fitness for Human Habitation) Act 2018: Establishes standards for property condition and habitability in rental accommodations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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