Tenancy Agreement Template (Gibraltar)

There is no statutory deposit-protection scheme — yet

Unlike England and Wales, where a landlord must register a deposit with a government-approved tenancy deposit protection scheme within a statutory deadline, Gibraltar currently has no equivalent mandatory scheme. In practice, estate agents are regulated by the Office of Fair Trading's Code of Conduct, which requires deposits to be held in ring-fenced client accounts separate from business funds and generally returned within around 15 days of the tenant vacating, with an itemised list of any deductions. A Renters' Rights Bill has been anticipated that could change deposit protection, notice periods and other tenancy terms — check the current position before relying on any specific figure.

What a tenancy agreement needs to cover

At a minimum: the parties, the property address, the term (fixed-term or periodic), the rent amount and due date, the deposit amount and how it's held, who pays which utilities, and each party's maintenance responsibilities. This template includes a ring-fenced deposit clause reflecting the OFT Code of Conduct's practical protection, rather than assuming a statutory scheme that doesn't currently exist in Gibraltar.

Give notice before you enter — don't just show up

A widely circulated free lease commonly used as a "basic" or "simple" rental agreement skips landlord entry entirely — no notice requirement, no permitted purpose, no time-of-day limit. This template includes a right-of-entry clause with a notice-period field, so access is addressed explicitly rather than left to informal practice.

The clauses, explained

Parties and property

Full legal names of landlord and tenant and the complete property address, including unit number if applicable.

Term

Fixed-term tenancies end on a stated date; periodic tenancies continue until either party gives the required notice. State the type clearly — this affects how and when either side can end the tenancy.

Rent and payment

The rent amount, due date and accepted payment methods.

Deposit

The deposit amount and a requirement to hold it in a ring-fenced client account, reflecting current practice under the OFT Code of Conduct rather than a statutory scheme.

Right of entry

Requires the landlord to give notice and state the purpose before entering, except in a genuine emergency.

Utilities and maintenance

States who pays for which utility and who is responsible for routine maintenance versus structural repairs.

Pets

Optional clause recording whether pets are permitted and any restrictions.

Governing law

Confirms Gibraltar law governs the tenancy.

Gibraltar compliance checklist

Gibraltar's residential letting position is subject to change — confirm the current rules before finalising the agreement.

• No statutory deposit-protection scheme currently exists

  Unlike England and Wales, Gibraltar has no mandatory deposit-protection scheme requiring registration with a government-approved body; in practice, estate agents follow the OFT Code of Conduct, holding deposits in ring-fenced client accounts and generally returning them within around 15 days of the tenant vacating.

  RentGibraltar — Tenant rights in Gibraltar

• Check for updates to the tenancy law framework

  A Renters' Rights Bill has been anticipated for Gibraltar that could change deposit protection, notice periods and other tenancy terms — confirm the current position with the Government of Gibraltar or a locally qualified solicitor before entering into a new lease.

How to use this template

1. Fill in the parties and property. Tap the highlighted blanks and type the landlord's and tenant's names and the full property address.
2. Set the term, rent and deposit. Choose fixed-term or periodic in the document, then fill in the rent amount and due date, and the deposit amount.
3. Confirm how the deposit is held. Enter who holds the deposit and confirm it is held in a ring-fenced account, separate from business funds.
4. Set the entry-notice period. Enter the notice period the landlord will give before entering.
5. Add any optional clauses. The pets clause sits in the agreement with its own Add control — add it if relevant and fill in any restriction.
6. Sign, download and check the current rules. Sign on the signature line — the tenant can sign on the same screen — then download the agreement as a Word or PDF file and check the current tenancy-law position before signing.

Frequently asked questions