Assured shorthold tenancy agreement (Word)€¦ · Web viewLeave the furniture, white goods and effects at the end of the tenancy in the same position as they were in at its commencement

AGREEMENT FOR ASSURED SHORTHOLD TENANCY

FURNISHED / UNFURNISHED

IMPORTANT NOTICE

THIS DOCUMENT CONTAINS A RECORD OF THE OBLIGATIONS OF BOTH THE LANDLORD AND TENANT. YOU MUST

CAREFULLY AND THOROUGHLY READ THE CONTENTS OF THIS DOCUMENT AND INITIAL EACH AND EVERY PAGE

INCLUDING THE EXHIBITED DOCUMENTS.

ONCE SIGNED AND DATED THIS AGREEMENT WILL BE LEGALLY BINDING AND MAY BE ENFORCED BY A COURT.

MAKE SURE THAT IT DOES NOT CONTAIN TERMS THAT YOU DO NOT AGREE WITH AND THAT IT DOES CONTAIN

EVERYTHING YOU WANT TO FORM PART OF THE AGREEMENT.

PLEASE NOTE THAT BY SIGNING THIS DOCUMENT YOU ACCEPT THAT YOU UNDERSTAND AND APPROVE ITS

CONTENTS

PLEASE SEEK INDEPENDENT LEGAL ADVICE FROM A CITIZEN’S ADVICE BUREAU OR SOLICITOR IF YOU DO NOT

UNDERSTAND ITS CONTENTS.

Initials ………………….© Advice4Landlords 19.02.16 V.3 1

ASSURED SHORTHOLD TENANCY AGREEMENT

FURNISHED / UNFURNISHED LETTING

This Tenancy Agreement is dated this day of 20 .

Particulars of tenancy

In this agreement: -

Landlord meansMr

Mrs

Of (address)

Tenant means

Mr

And

Mrs / Miss / Ms

Of

(address)

Guarantor means

Mr

Of

(address)

Property means (Address of property let)


Contents means The fixtures, furniture and effects ("contents") now in or upon the Property as the same are more particularly specified in an inventory signed by the parties hereto ("Inventory").

Commencement Date means (Enter date tenancy is to start – Tenant enters occupation)

Term means A term of _______12______ months starting on the Commencement Date

Rent means

The sum of £____0.00_____ per weekpayable in advance on:

The __1st____ day of every month.

The first payment of Rent shall be paid on the date of this tenancy agreement in clear funds.

If the Rent changes during the tenancy, Rent means rent at the new rate.

The Deposit means £______0.00___________

The deposit shall be paid on the date of this tenancy agreement in clear funds.

Landlord’s Address for Service means(Landlords postal address)

Tenants’ Email Address for Service means (Tenant’s email address)

Notice Period means___TWO____ month(s)

Check-in Inventory / Inventory Inventory / Report on condition to include a list of any items left at the Property at the commencement of the tenancy.

Grant of tenancy1. The Landlord grants and the Tenant accepts a tenancy of the Property together with the Contents on the terms set out in the above Particulars and the expressions in the left hand column of the Particulars have the meanings respectively set against them in the right hand column.


2. This Agreement is intended to give rise to an Assured Shorthold Tenancy under section 19A of the Housing Act 1988.

Break clause3. If either party wishes to terminate this agreement at any time after the expiry of (6) six months of the Term and shall give the other party not less than the Notice Period then upon the expiry of such notice this agreement shall immediately come to an end but without prejudice to the respective rights of either party in respect of any antecedent claim, breach of obligations.

Tenant’s obligations4. The Tenant covenants with the Landlord as follows: -

4.1. To pay the Rent clear of any deductions at the times specified whether formally demanded or not and the Rent shall be paid by standing order to the following bank account:

Name of Bank:

Account Holder:

Account number:

Sort code:

4.2. To produce to the Landlord evidence verified by the Tenant or Guarantors’ bank that a standing order has been set-up in order to facilitate payment.

4.3. To pay the council tax or any tax replacing it payable in respect of the Property. If the council tax is payable by the Landlord the Tenant will fully indemnify and keep the Landlord indemnified in respect of it.

4.4. To pay directly to the respective suppliers all charges for gas, electricity, broadband, TV, Satellite and telephone services (including line rental) supplied to the Property during the tenancy and to indemnify the Landlord in respect thereof.

4.5. To pay all water and sewerage charges and metered payments in respect of the supply of water to the Property and to indemnify the Landlord in respect thereof.

4.6. To leave the telephone line intact for the benefit of the Landlord at the end of the tenancy or to pay the Landlords’ costs of having the line re-installed (save for any charges which may be incurred by the Landlord in having the service re-installed from a temporary disconnection).

4.7. To pay the cost of the outgoing check-out and Inventory report.

4.8. To pay for the cleaning of the Property to a professional standard by an independent contractor at the end of the tenancy.

4.9. Not to change the telephone number without the consent of the Landlord.

4.10. Not to keep or use in the Property any television unless the Tenant is the holder of a valid television licence in respect of the Property.

4.11. Not to make any alteration or addition to the Property without the prior written consent of the Landlord.

4.12. Not to change the internal colour of the Property without the prior written consent of the Landlord and not to suspend or affix to the ceilings walls or contents of the Property by any means whatsoever any pictures, posters or other articles.

4.13. Not to keep more than one vehicle in the marked bays located next to the garages of the flats.

4.14. Not to obstruct or block or permit or suffer to be obstructed or blocked wholly or partially in any way whatsoever access to any garage, any part of the surrounding estate / area to the Property or the building that the Property may be contained within.


4.15. Not to carry on any trade, profession or business on or from the Property but to use the Property as a single private residence only in the occupation of the Tenant.

4.16. Not to assign, sub-let or part with possession of the Property or any part of it nor to take in any lodgers or paying guests without the prior written consent of the Landlord which if given shall be deemed to be by way of licence revocable at will.

4.17. Not to allow any adult to occupy the Property unless such person has complied with the requirements of the Immigration Act 2014 (Right to Rent), by providing at his own expense evidence of such to the satisfaction of the Landlord or his Agent. Further not to allow any adult to remain in the Property once his Right to Rent has expired unless such Person can provide at his own expense further evidence of his continued Right to Rent to the satisfaction of the Landlord or his Agent.

4.18. Where the Tenant’s Right to Rent expires during the Term, to provide at his own expense evidence of his continued Right to Rent to the satisfaction of the Landlord or the Landlord’s agent.

4.19. Not to keep any pet animals, bird, or reptile on the Property without the written consent of the Landlord which if given shall be deemed to be by way of licence revocable at will.

4.20. Not to commit or allow members of the Tenants’ household or visitors to cause a nuisance or annoyance to other persons in the block of flats or to any other tenant of the Landlord.

4.21. Not to commit or allow members of the Tenants’ household or visitors to commit at or near the Property any: -

4.21.1. Criminal offence;

4.21.2. Harassment or threat of harassment on the grounds of race, colour, religion, sex, sexual orientation or which may interfere with the peace and comfort of or cause offence to any other tenant, member of his/her household, visitor or employee of the Landlord or his agents or contractors;

4.21.3. Nuisance or intimidation or physical, verbal or written abuse against other tenant, visitor, or employee of the Landlord or his agents or contractors.

4.22. Not to permit or suffer any television, hi-fi, radio, musical instrument, or other sound producing equipment to be audible at the Property between the hours of 11.00pm and 7.00am nor outside those hours to be a nuisance or annoyance to any neighbouring property, or at any time to be noticeable outside the Property.

4.23. Not to permit or suffer to be done any act or thing which may render void or voidable any policy of insurance on the Property or the building of which the Property forms part or which may cause an increased premium to be payable in respect thereof.

4.24. Not to keep any combustible or offensive goods, provisions or materials in the Property nor to use a paraffin or portable gas heater within the Property.

4.25. Not to allow any illegal drugs to be present or used on the Property.

4.26. Not to permit any immoral or unlawful acts to be carried on at the Property.

4.27. Not to make any duplicate keys to the Property nor to replace or add any new locks without the prior written consent of the Landlord and in the event of such consent being forthcoming the Tenant undertakes that one full set of keys to the new locks shall at all times be provided at the Tenant’s expense to the Landlord.

4.28. Not to erect or permit to be projected outside the Property any wireless/satellite dish or television aerial without the prior written consent of the Landlord.

4.29. Not to leave the Property unattended for a period of more than 28 consecutive days without the prior written consent of the Landlord.

4.30. To comply with the provisions of any intermediary / head lease. A copy of any lease is exhibited hereto at Annex 1. If it is not exhibited, then a copy is available for inspection from the Landlord by providing 7 days’ notice in writing.


4.31. To make good all damage occasioned to the Property, Contents or to any building of which the Property forms part which arises: -

4.31.1. As a consequence of any breach of any obligations of the Tenant under this agreement;

4.31.2. Through the negligence of the Tenant or any person for the time being at the Property;

4.31.3. Through the stopping up, bursting, overflowing or leakage of any tap, bath, washbasin, lavatory, sink, cistern, heater, pipe, fitting or water apparatus due to the negligence of the Tenant or of any such person;

PROVIDED THAT this sub-clause shall not impose any obligation on the Tenant which is the obligation of the Landlord under section 11 of the Landlord and Tenant Act 1985.

4.32. To keep and maintain the interior of the Property (including the glass in the windows) during the Term in as good and clean state of repair condition and decoration as the Property is at the commencement of the tenancy and to make good all damages and breakages to the Property which may occur during the tenancy (fair wear and tear excepted).

4.33. To specifically keep and maintain both any garden of the Property. To ensure any lawn is mowed at least every two weeks and kept as weed free as reasonably expected / possible.

4.34. To permit the Landlord to carry out a periodic condition inspection every two months to ensure that the Tenant is in compliance with his obligations.

4.35. To permit the Landlord and all persons authorised by the Landlord providing 24 hours notice with or without workmen at all reasonable times to enter the Property for purposes of: -

4.35.1. Examining the state of repair decoration, Contents and condition of the Property;

4.35.2. Executing repairs decorations or alterations to or upon the Property, its Contents or any adjoining or neighbouring property;

4.35.3. Cleansing, emptying or renewing the heating system, sewer pipes drains or soakaways and gutters belonging to the same;

4.35.4. Constructing any buildings or erections on any adjoining or neighbouring property;

4.35.5. Carrying out his repairing obligations hereunder and any repairs additions alterations or other works which may appear to the Landlord or his agents to be necessary or desirable to the Property or any adjoining or nearby property.

4.36. To permit the Landlord and his agents giving no less than 24 hours’ notice to enter the Property at reasonable times of day and view the condition thereof and forthwith to comply with any notice that may be given by the Landlord requiring any breach of any of the obligations on the part of the Tenant under this Agreement to be made good and if the Tenant shall fail for a period of one month to comply with such notice it shall be lawful for the Landlord (but without prejudice to the right of re-entry hereinafter contained) to enter the Property and execute the repairs in accordance with the provisions hereof and the cost incurred by the Landlord in so doing shall be repaid by the Tenant on demand.

4.37. To test the smoke detectors at the Property at least once a month, to replace the batteries if required and to notify the Landlord in writing of any defect in any smoke detector immediately as the Tenant becomes aware of it.

4.38. Not to discharge into any of the drains or sewers serving the Property any oil grease or other deleterious matter or any substance which might be or become a source of danger or injury to the drainage system and to reimburse to the Landlord all costs incurred in consequence of a breach of this provision.

4.39. Not to display any sign, notice or advertisement on the outside of the Property or on the inside so as to be visible from the outside.

4.40. Not to do anything to permit any state of affairs to exist on the Property which may be a breach of any Act of Parliament or any regulations or directions under it.


4.41. At any time after the Landlord has served on the Tenant a notice under Section 21 or S.8 of the Housing Act 1988 or the Tenant has served on the Landlord notice to quit to permit prospective tenants or purchasers to view the Property at reasonable times and should the Landlord wish to exhibit upon the Property notice that the same is for sale or to let to permit such notice to be displayed.

4.42. If the Tenants’ goods or any of them or any goods belonging to members of the Tenants’ household shall not have been removed from the Property when the tenancy ends: -

4.42.1. To pay to the Landlord damages at a rate equal to the Rent then payable for the Property until the Tenant shall have removed all such goods; and

4.42.2. To pay any additional expense incurred in checking the Inventory (which cannot be checked until all goods belonging of the Tenant or members of his household shall have been removed).

4.43. If any such goods remain on the Property for 21 days after the Landlord reasonably believes the Tenant has vacated the Tenant hereby gives the Landlord consent to remove the goods and sell or dispose of the goods as the Landlord sees fit.

4.44. To pay to the Landlord all reasonable costs and expenses, incurred by the Landlord including the legal fees of a solicitor and / or Barrister retained, in respect:

4.44.1. recovering or attempting to recover possession of the Property and/or any rent or other monies in arrears;

4.44.2. the enforcement of any obligation of the Tenant under this Agreement;

4.44.3. the service of any notice relating to any breach of this Agreement whether or not court proceedings are brought.

4.45. To pay any reasonable charges or other costs incurred by the Landlord or the Agent if any cheque provided by the Tenant is dishonoured or if any Direct Debit standing order is cancelled / withdrawn.

4.46. If any sum payable by the Tenant to the Landlord shall not be paid 14 days after becoming payable (whether formally demanded or not) the Tenant will pay interest on the outstanding amount at the rate of 8% above the base lending rate for the time being in force of Barclays Bank plc calculated on a daily basis from the date of the same becoming due until the date of actual payment and the same shall be recoverable as rent in arrears.

4.47. To pay the sum of £99.00 representing half of the cost of the preparation of this Agreement and its counterpart.

4.48. To pay the sum of £99.00 representing half of the cost of the preparation of any replacement tenancy and its counterpart further extending or renewing this tenancy between the parties to this tenancy.

4.49. To forward forthwith to the Landlord any correspondence addressed to either of them which is delivered to or left at the Property or has otherwise come to the attention of the Tenant.

4.50. To clean all windows of the Property and paint work surrounding the same at least once every eight weeks.

4.51. To keep the Property free from rubbish or offensive matter.

4.52. When the tenancy ends to deliver to the Landlord all keys to the Property and pay for the check-out and final outgoing inventory to be carried out by the same inventory / check-in provider as retained at the commencement of the tenancy.

4.53. To pay for the cleaning of the Property to a professional standard by an independent contractor at the end of the tenancy.

4.54. If the Tenant has the use of the Landlord’s fixtures, fittings, furniture, white goods and effects: -

4.54.1. The fixtures, fittings, furniture, white goods and effects shall be specified in a Check-In Inventory signed by the Tenant.

4.54.2. The Tenant will: -

4.54.2.1. Not damage or remove from the Property any of the furniture, white goods or effects.


4.54.2.2. Make good all damages and breakages to the furniture, white goods and effects which may occur during the tenancy.

4.54.2.3. Leave the furniture, white goods and effects at the end of the tenancy in the same position as they were in at its commencement.

4.54.2.4. Clean or pay the cleaning of all carpets, furniture, linen, counterpane, blankets, and curtains (if any) including in the letting which shall have been soiled

4.54.2.5. during the tenancy.

Forfeiture

4.55. If at any time: -

4.55.1. Any Rent payable under this agreement is outstanding for 14 days after becoming due (whether formally demanded or not); or

4.55.2. There shall be a breach by the Tenant of any obligation or other provision of this agreement; or

4.55.3. Any of the following grounds for possession contained in Schedule 2 of the Housing Act 1988 shall apply: -

4.55.3.1. Part I of Schedule 2, grounds 2 or 8; or

4.55.3.2. Part II of Schedule 2, all grounds with the exception of grounds 9 and 16; or

4.55.3.3. The Tenant becomes bankrupt, has an administration order made in respect of his assets, has a receiver appointed or enters into an arrangement for the benefit of his creditors then the Landlord may forfeit the tenancy and bring court proceedings to recover possession of the Property, even if the Landlord has waived any previous right to do so and this shall be without prejudice to any other right or remedy of the Landlord.

Landlord’s obligations5. The Landlord agrees with the Tenant as follows: -

5.1. That the Tenant paying the Rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the Property during the tenancy without unlawful interruption from the Landlord or any person claiming under or in trust for the Landlord.

5.2. The Landlord shall be under no obligation to insure the Tenant’s property at the Property.

5.3. To pay all taxes, assessments, service charges, impositions and other outgoings payable in respect of the property during the tenancy, except for charges herein agreed to be paid by the Tenants. 5.4. To pay the costs of the check-in and inventory at the outset of the tenancy.

5.5. The Landlord confirms that he is the owner of the property and all appropriate consents necessary for him to sign this agreement have been obtained.

5.6. The Landlord is obliged to carry out a Right to Rent check and evidence is exhibited at Annex 7.

Deposit6. If a Deposit is shown in the Particulars above, then the Tenant must pay the Deposit to the Landlord if it has not already been paid and the following terms apply: -

6.1.1. The Deposit will be registered with a Government Tenancy Deposit Scheme. The Landlord will notify the Tenant with particulars of registration (The Prescribed Information) hereby acknowledged as received and exhibited at Annex 5 hereto.

6.1.2. The deposit is held in respect of the performance by the Tenant of his obligations in this agreement and as such the following may be deducted from it: -


6.1.3. Any Rent or other payments due from the Tenant from time to time which are not paid when falling due;

6.1.4. Any sum which the Landlord expends, including the legal fees of a solicitor and / or Barrister retained, in respect of remedying any breach or failure by the Tenant to comply with his obligations under this agreement;

6.1.5. After the end of the tenancy, any sum owing to the Landlord in respect of any period of overstaying /unauthorised occupation by the Tenant or anyone under the Tenant’s control;

6.1.6. Any other sums from time to time due to the Landlord under this agreement or otherwise arising out of the Tenant’s occupation of the Property;

6.1.7. Any interest payable to the Landlord under this agreement;

The Tenancy Deposit Scheme provides alternative dispute resolution for Deposit disputes. Any unresolved dispute complained of by the Tenant must be forwarded to an independent case examiner of the Dispute Service (by the Tenant) within 14 days of the end of the tenancy and the case examiner’s decision shall be binding on both the Landlord and Tenant. If the Tenant fails to forward any dispute to the scheme within 14 days of the end of the tenancy, then it forfeits its right to the return of the Deposit except and without prejudice to any claim for its return issued in the County Court.

6.2. If the Landlord applies the Deposit or any part of it as authorised above the Tenant will on demand pay the Landlord a further sum to restore the Deposit to the amount shown in the Particulars.

6.3. The Deposit will be repaid to the Tenant less any amount deducted in accordance with these clause 28 days after the termination of the tenancy provided that the Tenant has by then delivered to the Landlord all keys to the Property.

Service of Notice

7. Any notice to be served hereunder on the Tenant shall be sufficiently served if sent by email, first class post to the Tenant at the Property, left addressed to the Tenant at the Property or sent to the Tenant by first class post at the last known address in Great Britain of the Tenant.

8. Notices (including notices in proceedings) to be served on the Landlord may be served at the Landlord’s Address for Service by first class post.

9. If the Landlord has cause to write to the Tenant due to the Rent or any part of it being in arrears for any period or for any reason following a breach of this agreement a charge will be levied for each letter sent on the following scale:

9.1. First letter - no charge

9.2. Second letter - £15.00

9.3. Third letter - £25.00

9.4. Fourth or any subsequent letter - £25.00

9.5. Any such charges shall be payable immediately by the Tenant and if not paid will be recoverable as rent.

Guarantor

10. The Guarantor accepts joint and several liability in respect of any failure by the Tenant in meeting his obligations under this agreement.

General

11. In this agreement: -

11.1. Words importing one gender include all other genders and words importing the singular include the plural and vice versa


11.2. If two or more persons are together the Tenant their obligations to the Landlord shall be Joint and several.

Tenant Acknowledgements

12. The Tenant acknowledges that it has received a copy of and accepts the following: -

ENERGY PERFROMANCE CERTIFICATE

The Tenant confirms that he / she has been provided with a valid Energy Performance Certificate (EPC) for the Property on the date of this Tenancy Agreement above written. A copy of the EPC is exhibited at Annex 2

EPC Reference:

Tenant 1 Name:

Signature…………………………….

Tenant 2 Name:

Date:


Date:

GAS SAFETY CERTIFICATE

The Tenant confirms that he / she has been provided with a valid Gas Safety Certificate for the Property specified above on the date of this Tenancy Agreement above written. A copy of the certificate is exhibited at Annex 3.

Certificate Serial / Reference:

Tenant 1 Name:


Tenant 2 Name:

Date:


Date:


HOW TO RENT GUIDE

The Tenant confirms that it has been provided with a copy of the version of the document entitled “How to rent: the checklist for renting in England”, as published by the Department for Communities and Local Government, that was in effect on the date of this Tenancy Agreement above written.

For the benefit of doubt the Tenant is referred to the www.gov.uk website for an up-to-date copy which he or she confirms he has received a hard copy with this tenancy agreement at Annex 4: https://www.gov.uk/government/publications/how-to-rent

How to Rent Guide Version:

Tenant 1 Name:


Date:

Tenant 2 Name:


Date:

SMOKE / CARBON MONOXIDE ALARM

The Tenant confirms that the Property has been provided with operational smoke and carbon monoxide alarm/s. At the commencement of this tenancy the smoke and carbon monoxide alarm/s have been tested for correct operation by both the Tenant and the Landlord.

Please be aware that you as Tenant are responsible for maintain the operation of the smoke and carbon monoxide alarm/s. Tests for correct operation should be done regularly (suggest monthly). If batteries are required for the correct operation of the alarm/s, they must be replaced as required by the Tenant.

The Tenant confirms that the smoke and carbon monoxide alarm/s have been tested in our presence and are in fill working order at the commencement of this tenancy.

The Tenant fully accepts responsibility regarding the maintenance of the smoke alarm/s throughout the term of our tenancy.

Tenant 1 Name:


Date:

Tenant 2 Name:


Date:

Smoke Alarm(s) TESTED / WORKING

Location:

Smoke Alarm 1 Y / N

Smoke Alarm 2 Y / N

Carbon Monoxide Alarm(s) TESTED / WORKING

Carbon Monoxide Alarm 1 Y / N

Carbon Monoxide Alarm 2 Y / N


https://www.gov.uk/government/publications/how-to-rent

https://www.gov.uk/government/publications/how-to-rent

TENANCY DEPOSIT PRESCRIBED INFORMATION

The Tenant confirms that he /she has been provided with the Prescribed Information exhibited at Annex 5.

Deposit Certificate Reference:

Tenant 1 Name:


Date:

Tenant 2 Name:


Date:

CHECK-IN INVENTORY

The Tenant confirms the accuracy of the Inventory exhibited at Annex 6 and that the same was received either at the date of the tenancy or within 30 days of the date of the tenancy.

Tenant 1 Name:


Date:

Tenant 2 Name:


Date:

Signatures:

Signed by the Landlord:

Witness Full Name:

Witness occupation:

Witness address:


Signed by the Tenant:

Witness Full Name:

Witness occupation:

Witness address:

Signed by the Tenant:

Witness Full Name:

Witness occupation:

Witness address:

Signed by the Guarantor:

Witness Full Name:

Witness occupation:

Witness address:

Both Landlord and Tenant must initial each page of this agreement along with its enclosures.


Annex 1

LEASE OF THE PROPERTY DATED:

…………………………………….

Between1.

&

2.

Please also initial each page of the enclosed document.


Annex 2

ENERGY PERFORMANCE CERTIFICATE



Annex 3

GAS SAFETY CERTIFICATE



Annex 4

HOW TO RENT: “THE CHECKLIST FOR RENTING IN ENGLAND”,



Annex 5

DEPOSIT – PRESCRIBED INFROMATION



Annex 6

CHECK-IN INVENTORY



Annex 7

RIGHT TO RENT CHECKEVIDENCE



Documents

Assured shorthold tenancy agreement (Word)€¦ · Web viewLeave the furniture, white goods and effects at the end of the tenancy in the same position as they were in at its commencement