Tenancy Agreement

Tenancy Agreement

This agreement is intended to create an Assured Shorthold Tenancy as defined under part 1 of the Housing Act 1988 as amended under part 3 of the Housing Act 1996 and the provisions for the recovery of possession by the Landlord in section 21 thereof apply accordingly and is inclusive of water rates (i.e. the tenant must pay these)

Dated:

Between

Landlord

of (Landlord's Address):

And

Tenant

Tenant 2 (if Joint Tenancy)

(If Joint Tenancy):

Relating To (Tenanted Address):

IF THIS TENANCY IS A JOINT TENANCY THEN BOTH TENANTS ARE HELD JOINT & SEVERALLY LIABLE FOR THE RENT

THE TENANCY WILL COMMENCE :

From:

To:

THE PROPERTY at the above address together with the furniture, fixtures, fittings, effects and appliances itemised within the inventory and let subject to the payment of the first month's rent in its entirety which is to be paid when due

RENT per month for the first month and then per month for the remaining term of this tenancy subject to any increase in the rent which the Landlord may hereafter be entitled pursuant to Section 13 of the Housing Act 1988

PAYABLE Monthly in advance by by the day of each month

First Payment to be made by DEBIT CARD in advance via the rentcollection.co.uk as instructed by your agent or landlord

Account Name:

Sort Code:

Account No:

Tenant Initial:

DEPOSIT AMOUNT

IF A DEPOSIT HAS BEEN ACCEPTED, IT WILL BE PAID IN TO THE DEPOSIT PROTECTION SERVICE (THE DPS)

SCHEME ADMINISTRATOR DETAILS (The 'Scheme' with which the Tenant's Deposit is lodged):

THIS deposit relates to:

THE Landlord's address is that described at the start of this Agreement.

THE Landlord's telephone number: Email:

THE Tenant's address is that described at the start of this Agreement

THE Tenant's telephone number: Email:

THIRD Party's telephone Number Email:

Tenant Initial:

THE Tenant agrees with the Landlord:

Rent

(1) To pay the rent as set out below. If a Joint Tenancy, both tenants are jointly and severally liable for the whole rent

Rent Payments Schedule

TOTAL £0.00

Negotiated Terms

(2) To additional negotiated terms (where they are appended to this Agreement) and which they form a part of

Council Tax

(3) (a) To pay any council tax which the Tenant is obliged to pay under the Local Government Finance Act 1992 or any Regulations under the Act

(b) To indemnify the Landlord and/or his agent which during the tenancy the Landlord becomes obliged to pay under that Act or those regulations because the Tenant ceases to live at the Property

(c) To pay all other charges of any kind which now or later come to be charged on the Property or the owner or occupier of the Property as such

Utility, TV, Telephone and Broadband Services

(4) Immediately upon the signing hereof the Tenant will have transferred to his name all services (where supplied to the property) for which he is liable including (but not limited to) council tax, water services, gas, electricity, cable or satellite TV, telephone and internet services

(5) To pay for all gas, electricity, water and sewerage services supplied to the Property during the tenancy and to pay all charges for the use of any telephone at the Property during the tenancy. Where necessary, the sums demanded by the service provider will be apportioned according to the duration of the tenancy. The sums covered by this clause include the standing charges or other similar charges and VAT as well as charges for actual consumption

Maintenance, Repairs & Cleaning

(6) To clean the windows at least once during the term of the fixed period of the tenancy and at least once in every six months thereafter

(7) To pay to have the carpets professionally cleaned by the Landlord's nominated supplier at the end of the tenancy

(8) To keep the interior and the exterior of the Property, the internal decorations and the fixtures, fittings and appliances in good repair and condition (except for damage caused by accidental fire and except for anything which the Landlord is liable to repair under this Agreement or by law)

(9) To make good and pay for the repairs of any damage caused to any locks or windows or any external fixtures and fitting whether this damage is caused accidentally or deliberately by the Tenant, any of the property's other registered occupants or by a third party

(10) To immediately report any defects or damage caused to the property for whatsoever reason

(11) To make good and pay for the repairs for any fire, electrical or flood damage caused to the property or to any adjoining properties caused by the Tenant's own appliances

(12) To allow the Landlord or anyone with the Landlord's written authority to enter the Property at reasonable times of the day to inspect its condition and state of repair, if the Landlord has given at least 24 hours written notice beforehand

(13) To keep the property clean and to leave the property in as clean a state as it was when it was when the tenancy started. Failure to do so will result in a charge of £100 to the Tenant's deposit account

Control of Condensation & Prevention & Control of Mould Growth

(14) To take every step to prevent the growth of mould in the property by keeping the property well ventilated especially in kitchens, bathrooms and any room where a tumble dryer is kept and to keep these rooms heated enough to prevent moisture condensing on cold walls and other surfaces.

(15) To not paint any walls without your landlord's or landlord's agent's written permission as these walls may have have treated with mould proof paint. Painting over this paint renders it useless so it will no longer be mould proof

(16) Where mould does start to form to notify the landlord or his appointed agent immediately and treat the area with a consumer grade mould killing spray or a mild solution of bleach and water taking all the necessary precautions required when handling these (i.e. to wear appropriate protective clothing and eye wear)

Authorised Use of The Property

(17) To use the property as and for a private dwelling house only. This means the Tenant must not carry out any profession, trade or business at the Property and must not allow anyone else to do so

Work on The Property INCLUDING DECORATING

(18) Not to alter or add to the Property or do or allow anyone else to do anything to the Property without first consulting the Landlord or his appointed Agent. THIS INCLUDES DECORATING.

Registered Tenants

(19) Not to assign or sublet the Property and not to part with possession of the Property in any other way and to allow only those person(s) (other than the Tenant's children) named on this Agreement reside at the property

Pets

(20) Not to keep any pets in the property other than those that were registered on your Tenancy Application Form

Anti-Social Behaviour

(21) Not to do or allow anyone else to do anything in the Property which may be a nuisance to, or cause damage or annoyance to, the Landlord or the tenants or occupiers of any adjoining premises

End of Tenancy

(22) At the end of the Term or earlier if the tenacy comes to an end more quickly, to deliver the Property up to the Landlord in the condition it should be in if the Tenant has performed the Tenant's obligations under this Agreement and in accordance with the appended cleaning schedule

(23) During the last month of the tenancy to allow the Landlord or the Landlord's agent to enter and show the Property to prospective tenants at reasonable times of the day and with a minimum of 24 hours notice

(24) Give one calendar month's notice to quit the tenancy. This notice period must start on the day that the rent is due

By following the due process of law, and without prejudice to the other rights and remedies of the Landlord, the Landlord may terminate the tenancy if:

24.1 The rent or any part of it is in arrears whether formally demanded or not

24.2 The Tenant is in breach of any of the obligations under this Agreement or its Negotiated Terms

24.3 Any Grounds of Schedule 2 of the Housing Act 1988 apply (these grounds allow the Landlord to seek possession of the Property in circumstances listed under the Act)

24.4 The property is left abandoned and unoccupied for a period in excess of 14 days without the Landlord's consent

Gas, Electricity and Water Meters

(25) The tenant is not permitted to instruct an energy or water company to install a meter at the property without the express permission of the landlord. This includes the replacement of an existing meter as well as the installation of one where one did not exist before. In the case of a water meter, an unauthorised installation will result in a charge of £500 which may mean the loss, in whole or in part, of the Tenant's Deposit or separate legal action

Interest on Rent Arrears

(26) If the rent or any part thereof or any other money payable by the Tenant under the terms of this Agreement shall be unpaid for 14 days after the same shall have become due then interest will be payable from the due date until payment is received at the annual rate of 8% both before as well as after any Judgement.

Repossession

(27) Note: the Landlord cannot recover possession without an order of the Court under the Housing Act 1988 this will be preceded by the serving on the tenant of the appropriate Notice for Possession under this Act giving the Tenant two month's notice. This notice must commence at the start of a rent period and will expire after the last date of the prescribed rental period

A Notice for Possession served under Section 21 of the Housing Act 1988 (Section 21) gives the Landlord a right to end, without any specific reason, an Assured Shorthold Tenancy at any time after the fixed period of the tenancy has ended. A Notice is deemend served if it is sent by first or second class post or posted by hand through the door of the tenanted property. In the case of post, the date of service will be the date on which the Notice is posted

Note: this clause does not affect the Tenant's rights under the Protection from Eviction Act 1977

Tenant Initial:

THE Landlord agrees with the Tenant that the Tenant has the right to possess and enjoy the Property during the tenancy without any interruption from the Landlord or any person claiming through or in trust for the Landlord

But:

(a) this clause does not limit any of the rights under this Agreement which the Tenant has agreed to allow the Landlord to exercise;

(b) this clause does not prevent the Landlord from taking lawful steps to enforce his rights against the Tenant if the Tenant breaks any of the terms of this Agreement

IF section 11 of the Landlord and Tenant Act 1985 applied to the tenancy, the Tenant's obligations are subject to the effect of that section

(Note: As a general rule, section 11 applies to tenancies for a term of less than seven years. It requires the Landlord to carry out certain repairs to the Property)

WHERE the context permits:

(i) "The Landlord" includes the successors to the original landlord

(ii) "The Tenant" includes the successors to the original tenant

(iii) "The Property" includes any part of the Property

Any notice served by the Landlord on the Tenant shall be sufficiently served if sent by standard first or second class post to the Tenant at the property or the last known address of the Tenant or left addressed to the Tenant at the property (delivered by hand). The date of service will be either the date of postage or the date it has been left at the address

All or any monies which become payable by the Tenant to the Landlord as a consequence of any breach of the several covenants herein contained shall be treated as a debt due from the Tenant to the Landlord and shall bear interest at the rate specified in clause (25) above

Insurance Terms

(28) Notification of incidents that might lead to a claim

In the event of a loss, destruction, or damage or any occurrence which might give rise to a claim the tenant will:

- Immediately notify the Landlord

- Give immediate notice to the police in respect of loss or damage by theft or attempted theft by malicious person(s)

The Tenant will also:

(29) Minimising Loss

Carry out and permit any reasonable action to be taken by the Landlord which my be practical to avoid or diminish loss or damage and at the request of the Landlord carry out any action that may reasonably be required

(30) Evidence of Loss

Provide at the Landlord's request any relevant information in relation to an incident, that may be required by the Landlord's insurer to verify the Landlord's claim

(31) Reasonable Precautions

The Tenant must take all reasonable precautions to avoid loss, destruction or damage to the Property and contents

(32) Claiming Policy Excess

The Landlord will insure the property against the usual injured risks with the right to claim the policy excess (whatever that may be) from the Tenant, incurred as a result of a claim attributable to the Tenant's actions

The Tenant is hereby notified under Section 48 of the Landlord and Tenant Act 1987 that notices (including notices of proceedings) may be served on the Landlord by the Tenant at the following address:

The Tenant hereby notifies the Landlord that notices (including notices of proceedings) may be the served on the Tenant by the Landlord at the following address when for whatever reason (including when the tenancy has ended) it is not possible to serve a notice at the tenanted address.

Tenant Initial:

Tenant Register

I being the lead tenant, certify that the following occupants are the only people permitted to reside at the property:

Pet Register

I also certify that these are the pets that the landlord has permitted to be kept in the property and that no other pets, other than those listed here, can be added to this list:

I/We (being the Landlord or their Agent) certify this Agreement including:

(i) The information provided in relation to the Tenancy Deposit Prescribed Information provided on page two of this Agreement is accurate to the best of my / our knowledge and belief and that:

(ii) I have given the Tenant(s) the opportunity to sign this document by way of confirmation that the information is accurate to the best of the Tenant(s) knowledge and belief

(iii) I have provided the Tenant with details of the Scheme provided by the Scheme Administrator by way of their Terms and Conditions or any information supplied for the tenant's information

(iv) I have provided the Tenant with the Government's 'How to Rent' booklet

Landlord's Name:

Tenant(s) Name(s)