Contractual (Common-Law) Tenancy Agreement | Guild of Residential Landlords

IMPORTANT: THIS IS NOT AN ASSURED SHORTHOLD TENANCY AGREEMENT

This contractual (common-law) tenancy agreement is part of the Tenancy Builder.

Before using this agreement, please check its suitability by visiting:

Which tenancy to use -- England

Do Not Use This Agreement If:

• The tenancy is an assured shorthold tenancy (AST).

• The tenant will be a lodger, sharing facilities (e.g., kitchen, bathroom, or living room) with the landlord.

• The tenancy relates to an agricultural holding.

• The purpose is to grant the tenant a right to occupy the property for a holiday.

• The property will be used to run a business.

This Agreement May Be Suitable If:

• The annual rent exceeds £100,000.

• The tenant is not an individual (e.g., a company let).

• The property is not intended to be the tenant's only or principal home (but is not a holiday let).

• The property is in Greater London, and the rent is £1,000 or less per year.

• The property is outside Greater London, with rent of £250 or less per year.

• The dwelling includes premises licensed to sell alcohol for consumption on-site.

• The landlord is a Resident Landlord as defined in Schedule 1 of the Housing Act 1988.

• The tenancy includes more than two acres of agricultural land let with the dwelling.

Date	Update
26/07/2025	Refined the Service of Notices term: - Clarified the rule for first-class/recorded post: “next-day” applies where the following day is not a public holiday. - Added provisions for last-known address and handling of notices that may have gone to a junk folder. - Included further clarification that service on one joint tenant is effective for all joint tenants. - Defined “public holiday” for clarity. - Streamlined the wording for better readability. Guarantor agreements have been updated to include a sentence confirming that if there is more than one guarantor, their liability is joint and several.
03/02/2025	A new clause was added that the tenant will increase the tenancy deposit apportionable if the rent is increased. A new clause was added stating that bleach or other corrosive products may not be used for cleaning except on certain items, such as toilets. The service of notices and documents term has been updated to match more closely with _[Khan v. D'Aubigny](https://england.landlordsguild.com/article/service-of-documents-lessons-from-khan-v-d-aubigny/)_ ([2025] EWCA Civ 11). (The previous clause was perfectly suitable under that case; this update is just an evolution of the earlier version).

Date

Update

26/07/2025

Refined the Service of Notices term: - Clarified the rule for first-class/recorded post: “next-day” applies where the following day is not a public holiday. - Added provisions for last-known address and handling of notices that may have gone to a junk folder. - Included further clarification that service on one joint tenant is effective for all joint tenants. - Defined “public holiday” for clarity. - Streamlined the wording for better readability. Guarantor agreements have been updated to include a sentence confirming that if there is more than one guarantor, their liability is joint and several.

03/02/2025

A new clause was added that the tenant will increase the tenancy deposit apportionable if the rent is increased. A new clause was added stating that bleach or other corrosive products may not be used for cleaning except on certain items, such as toilets. The service of notices and documents term has been updated to match more closely with _[Khan v. D'Aubigny](https://england.landlordsguild.com/article/service-of-documents-lessons-from-khan-v-d-aubigny/)_ ([2025] EWCA Civ 11). (The previous clause was perfectly suitable under that case; this update is just an evolution of the earlier version).