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PRECEDENTS
Date [date] Parties 1 [name] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) 1 Definitions Permitted Use • [office purposes OR retail purposes OR only for the purpose of carrying out the works referred to in clause 5.4 OR [other]]; Property • [address/description]; Rent • £[amount] a day [together with VAT]; Tenancy • the tenancy at will granted by this Agreement; VAT • value added tax payable by virtue of the Value Added Tax Act 1994 or any similar tax levied in addition to or by way of replacement for value added tax. 2 Interpretation In this Agreement: 2.1 the clause headings are for reference only and do not affect its construction or interpretation; 2.2 general words introduced by the word 'other' do not have a restrictive meaning even where preceded by words indicating a particular class of acts, things or matters; 2.3 an obligation: 2.3.1 to do something includes an obligation to procure that it is done; 2.3.2 not to do something includes an obligation not to cause or allow that thing to be done; 2.3.3 owed by or to more than one person is
PRACTICE NOTES
Deposits taken by landlords and letting agents for certain residential tenancies must be protected by a tenancy deposit scheme (TDS) (which may be insurance-based or custodial). This Practice Note covers the purpose of the deposit legislation, the requirements for landlords, financial penalties for failure to comply, and the restrictions on obtaining possession. The deposit regime All deposits taken by landlords for residential assured tenancies (ATs) in England must be protected by a TDS. There are transitional provisions to exempt tenancies that were non-shorthold ATs before 1 May 2026. The parties cannot contract out of the obligations. There are two types of TDSs: insurance-based schemes and custodial schemes. They are intended to: • allow tenants to get all or part of their deposit back when they are entitled to it and make any disputes easier to resolve • encourage landlords and tenants to make a clear agreement from the start on the property's condition so that a landlord is not left out of pocket when a tenancy expires and the tenant leaves It is for the landlord,
GLOSSARY
A tenancy for years is a lease granting the tenant exclusive possession for a fixed and certain period (the term can be days, months or years). It is contrasted with a periodic tenancy, which continues indefinitely by periods. The expression is a common-law description; in England and Wales and Ireland the corresponding legal estate is a “term of years absolute” (Law of Property Act 1925; Land and Conveyancing Law Reform Act 2009). In Northern Ireland the concept is likewise recognised in leasehold practice. In Scotland the equivalent is a fixed-term lease; “tenancy for years” is not the usual terminology.Key features are certainty of maximum duration, automatic expiry on the end date, and early termination only under agreed break clauses, surrender, forfeiture/irritancy or statutory grounds. On expiry, holding over may create a new periodic tenancy or statutory continuation; in Scotland, tacit relocation may extend the lease.Typical uses include fixed-term assured or assured shorthold tenancies, student lets and commercial leases. Formalities and registration/protection vary by jurisdiction (for example, registration is required for longer terms to bind successors in title). The concept is significant for drafting, remedies (e.g., forfeiture/irritancy), security of tenure, and ensuring compliance with certainty-of-term requirements.
GLOSSARY
Ownership of land by two or more persons so that each is entitled to a share of the proceeds.
GLOSSARY
A person to whom a lease is granted.
Q&As
At the end of the fixed term of the assured shorthold tenancy (AST), unless the landlord obtains an order from the court, or there is a surrender or other action on the part of the tenant (such as both of the tenants vacating the property), a statutory periodic tenancy will automatically arise by virtue of section 5(2) of the Housing Act 1988 (HA 1988). The fact that one tenant vacates the property will not prevent the statutory periodic tenancy from arising provided that at least one tenant occupies the property as their only or principal
Q&As
Section 5(2)(a) of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that if: ‘…a tenant assigns the whole of the premises demised to him,...he is released from the tenant covenants of the tenancy... as from the assignment.’ Accordingly, provided the tenant does not assign in breach of covenant, on assignment: • the tenant will be released from future performance of the tenant covenants of the lease, and • the tenant’s guarantor will be released from future performance of the guarantee LT(C)A 1995, s 25 sets out what Lord Nicholls in Avonridge described as a 'comprehensive anti-avoidance provision', and provides as follows: ‘…25(1) Any agreement relating to a tenancy is void to the extent that— (a) it would apart from this
NEWS
Property Disputes analysis: the Court of Appeal addressed whether tenancy fees can amount to prohibited payments under the Tenant Fees Act 2019 (TFA 2019) even though they were paid prior to the Act taking effect. The tenant sought to defend proceedings for possession by relying upon a tenancy check-out fee which had been charged with the original tenancy in 2018, arguing that the fee held-over to subsequent replacement tenancies and became a prohibited payment post-TFA 2019. The appeal relied by analogy on the position with deposits where a deposit is notionally treated as being repaid upon replacement tenancies (Superstrike v Rodrigues). The Court of Appeal dismissed the appeal and upheld the decision at first instance to distinguish Superstrike. The case helps clarify the status of tenancy fees paid prior to the Act and whether these can amount to prohibited payments post-2019. Written by Kevin Long, solicitor at Hackney Community Law Centre.
PRECEDENTS
Tenant means any [first
GLOSSARY
Tenants in common share ownership of property, but not necessarily in equal shares. On the death of one of the tenants, their share passes to their beneficiaries in accordance with their Will or intestacy. See also ‘tenancy in common’, ‘joint tenancy’ and ‘joint tenants’.
GLOSSARY
A tenant for the life of another.