| ASSURED SHORTHOLD TENANCY AGREEMENT | |||||||
(DEPOSIT HELD BY AGENT UNDER TENANCY DEPOSIT SCHEME/DISPUTE RESOLUTION SERVICE LIMITED) |
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| DATE: | ______ | ||||||
THIS TENANCY AGREEMENT IS BETWEEN |
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| Name of Landlord and Agent |
Landlord: ______ whose Agent is: JAMMY LODGER of |
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| AND | |||||||
| Name(s) of Tenant(s) | 1. ......................................................... (nominated lead tenant) | ||||||
| 2. ......................................................... | |||||||
| 3. ......................................................... | |||||||
| 4. ......................................................... | |||||||
| Address of Property | The property being: ________________________ (" the property") |
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| Term | ______ until 12 noon on ______ | ||||||
| Rent | £______ per month Council Tax is not included and payable in addition. The water charges are not included and payable in addition. |
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| Rent Payment | The rent is payable in advance on the ___ day of each month. There is a surcharge of ___% for all payments made by Credit Card. |
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| Deposit | The Deposit of £______ is paid by or on behalf of the tenant. The Agent is the member of the Tenancy Deposit Scheme. | ||||||
| Where a third party paid/contributed towards the Deposit, their contact details are as follows | |||||||
| Name of Third Party | |||||||
| Address | |||||||
| Telephone No | |||||||
| Email Address | |||||||
| Amount Paid | |||||||
| Note: If there is more than one third party the details of any further third party should be attached | |||||||
| Maximum number of occupants |
______ | ||||||
| IT IS AGREED as follows:- | |||||||
| 1. | Where the context admits - | ||||||
| (1a) | The "Landlord" includes the persons for the time being entitled in reversion expectant on the tenancy | ||||||
| (1b) | The "Tenant" includes the persons deriving title under the Tenant and where several tenants agree to take the premises together each tenant shall be jointly and severally liable for any payment of costs arising with regard to the tenancy | ||||||
| (2) | Any agreement not to do something is also an agreement not to allow someone else to do it. | ||||||
| 2. | The Landlord lets and the Tenant takes the Property for the Term at the Rent payable as above. Between the date of commencement of the Term and date when occupation of the Property is to commence the Landlord may in its entire discretion permit the Tenant to leave possessions in the Property at the sole risk of the Tenant, the Tenant recognising that the Landlord may during such time have to effect alterations, additions, repairs or redecorations to the Property which could result in theft or damage to such possessions. The Tenant may not without special arrangements being made in writing with the Landlord occupy the Property for sleeping, cooking or for any other purpose during this time. |
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| 3. | The Property is let together (in common with others) with the right to use such common parts as are outside the property (if any) (for example stairwell, kitchen and bathroom) designated by the Landlord for use in connection with the Property ("the Shared Accommodation") | ||||||
| 4. | The Property are also let together with the fixtures, fittings, furniture and effects in the Property including those specified in the Inventory signed by the parties (if supplied) with the use of the same in the Shared Accommodation (if any) ("the Furniture and Effects") | ||||||
| 5. | Where the Property is within a building containing a basement or cellar having no habitable rooms then the basement or cellar is excluded from the premises let under this Agreement but the Tenants shall have a right of access to such basement or cellar to use any electrical appliances provided there by the Landlord or to have access to installations for the supply of utilities to the Property (but not otherwise) | ||||||
| 6. | In the event of Council Tax bill being payable in respect of the Property the responsibility of paying such bills falls entirely on all the Tenants who should be jointly and severally liable to the issuing authority. If the tenants are exempt from council tax it is the tenants responsibility to notify the relevant authority. | ||||||
| 7. | Any notice to be served under this Agreement or under any statutory enactment relating to the Tenancy or the Property this Agreement shall be treated as served if served by first class pre-paid post to the Property or the address of the Landlord, Landlord's Agent or hand delivered to either place or under any Statutory Enactment relating to the tenancy or the premises | ||||||
| 8. | The Tenant will - | ||||||
| (1) | Pay the Rent at the times and in the manner specified in this Agreement, other payments will incur charges. | ||||||
| (2) | Pay for all gas and electric light and power which shall be consumed or supplied on or to the Property during the tenancy, the water charges charged in respect of the Property during the tenancy and the amount of all charges made for the use of the telephone (if any) or the television licence or other utilities supplied to the Property during the tenancy or a proper proportion of the amount of the rental or other recurring charges to be assessed according to the duration of the tenancy. Proof of such payments will be provided to the Landlord at the end of the tenancy before any deposits can be returned. | ||||||
| (3) | To pay for the proportion of the HMO licence which is incurred during the tenancy. | ||||||
| (4) | Pay the Deposit to the Landlord/Agent on the date of this Agreement and to return the completed Guarantee within 14 days of the date hereof and in any event prior to the commencement of the Term; and if the Landlord shall have to send any reminder letter to the Tenant (the first reminder letter not to be sent until 30 days after the date hereof) the Tenant shall be charged for each reminder letter. The Tenant acknowledges that in accordance with Clause 13(7) no keys to the Property will be handed over to the Tenant until both the Deposit in full has been paid (if required by the landlord), and the Guarantee (duly completed) has been returned, to the Landlord. | ||||||
| (5) | Not damage or injure the Property or make any alteration to it or addition to it nor decorate any part of the Property without the prior written consent of either the Landlord or the Landlord's Agent such consent not to be unreasonably withheld. The Landlord will not be under any obligation to effect any alteration, addition, decoration or repair to the Property unless agreed in writing with the Tenant. | ||||||
| (6) | Prevent the Fixtures and Effects from being destroyed or damaged and not remove any of them from the Property or store any of them in any basement or cellar rooms which is not a habitable basement or cellar. | ||||||
| (7) | Not to leave the Property unoccupied for more than 14 days without notifying the Landlord | ||||||
| (8) | Jointly with the other persons using them to keep the Shared Accommodation clean, tidy and undamaged and to pay a proportionate part (according to the number of people sharing the shared accommodation) of the costs of cleaning, repair or replacement. If any furniture needs replacing or if the Property needs cleaning or if other repairs or redecoration are required to the Property on its surrender at the end of the Term then the Tenant will pay an administration fee of £30 for the Landlord supervising such cleaning, repairs, replacement or redecoration. | ||||||
| (9) | Vacate the Property at the end of the tenancy and leave the Property in the same clean state and condition as it was in at the beginning of the tenancy )or as it was after it was cleaned by the Landlord subsequent to the beginning of the tenancy). If the keys are not collected within one month of the beginning of the tenancy it shall be assumed that the Property was in a clean state and condition at the start of the tenancy | ||||||
| (10) | To pay for the repair of and/or replace all such items of the Fixtures, Effects as shall be broken, damaged or destroyed during the tenancy due to the default of the Tenant or any other resident of the Property or any visitor or other person for whom the Tenant is responsible (reasonable wear and tear and damage by fire and other insured risks excepted) | ||||||
| (11) | Leave the Furniture and Effects at the end of the tenancy in the rooms or places in which they were at the beginning of the tenancy. | ||||||
| (12) | Leave the curtains in a clean condition and hung in an appropriate manner and to pay the reasonable costs incurred by the Landlord in doing so if the Tenant fails to comply with this provision. | ||||||
| (13) | To keep the interior of the Property in good repair and in good decorative order (damage by fire and other insured risks and fair wear and tear excepted) | ||||||
| (14) | Permit the Landlord or the Landlord's Agent at reasonable hours enter the Property (a) to view the state and condition (b) effect repairs works or improvements thereto (c) to carry out any obligation imposed by law. Where access has been arranged by appointment to pay any callout charge if they are denied access or is unable to gain access | ||||||
| (15) | Not sublet, assign or transfer the Property without the Landlord's prior written consent such consent not to be unreasonably withheld | ||||||
| (16) | Not to sublet, licence or otherwise part with or occupation of the Property | ||||||
| (17) | Not to carry on in the Property any profession, trade or business or let apartments or take in paying guests on the Property | ||||||
| (18) | Not to place or exhibit any notice board or notice on the Property or use the Property for any other purpose than that of a strictly private residence | ||||||
| (19) | Not to introduce into the Property any furnishings which do not comply with the tests set out in the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and any amendments to these regulations. These regulations prohibit furnishings which do not pass certain fire safety tests. | ||||||
| (20) | Not allow any pets onto the Property without the written permission of the Landlord or their Agent such permission not to be unreasonably withheld. The Landlord reserves the right to withdraw the permission at any time for good reason. | ||||||
| (21) | Not do on the Property anything which may be or become a nuisance or annoyance to the Landlord or the tenants or occupiers of any neighbouring premises such as (noise, abuse, interference or harassment etc) | ||||||
| (22) | Not to do anything which might entitle the Landlord's insurers to refuse or reduce payment in the event of a claim and not to do anything which might cause the Landlord's insurance premiums to increase | ||||||
| (23) | Permit the Landlord or the Landlord's agents at reasonable hours following notice to enter and view the Property with prospective tenants or purchasers | ||||||
| (24) | Inform the Landlord or the Landlord's Agents immediately on receipt of any notice served by a local authority in regard to the Property | ||||||
| (25) | Report all items of disrepair to the Landlord or Landlord's agent promptly accurately and fully and to pay the Landlord for any reasonable call-out charges which are incurred as a result of inaccurate, inadequate or untimely reporting. | ||||||
| (26) | Not use the Property for any illegal or immoral purpose | ||||||
| (27) | On being requested to do so to notify the Landlord in writing of the identity of each utility supplier for the Property together with the reference and any account number | ||||||
| (28) | If, for any reason, a credit meter is installed at the Property by any utility supplier then following the expiry of the tenancy to pay the cost of changing back such meter. The charge will be a £50.00 administration charge plus any charge made by the supplier | ||||||
| (29) | Not to fit or change any locks at the Property without the previous permission of the Landlord such permission not to be unreasonably withheld and the Tenant shall provide the Landlord with a complete set of keys to any new locks which are fitted by the Tenant. | ||||||
| (30) | Where the building within in which the Property is comprised includes any non-inhabitable basement or cellar not to put any goods or belongings or rubbish in the basement or cellar or to otherwise use the same for storage | ||||||
| (31) | To remove all rubbish from the Property and to place the same within the dustbin wheelie bin or other receptacle provided. Where there is a dustbin or wheelie bin to ensure that all rubbish is placed and kept inside plastic bin liners in such dustbins or wheelie bin. | ||||||
| (32) | To comply with any recycling arrangements relating to refuse disposal at a Property as notified to the Tenant | ||||||
| (33) | If there are any vermin in the premises to notify the Landlord immediately in writing. Where there is vermin in the Property the Tenant shall take such steps as may be necessary to eradicate them so long as this does not involve any work to the structure or fabric of the Property | ||||||
| (34) | In cold weather or when the Property is unoccupied to protect the premises from frost by providing adequate heating for the premises | ||||||
| (35) | Not to dispose of fat, rice or any other similar matter into any drains sinks or waste which serve the Property so as to prevent them from being blocked | ||||||
| (36) | To make sure that the Property is kept properly ventilated | ||||||
| (37) | Not to instruct any contractor to carry out any work at the Property and in particular not to arrange for the boarding up of the Property in the event of any burglary. The Landlord must be notified of any repairs required including emergency repairs using the phone number provided | ||||||
| (38) | To pay interest on any rent or other sums payable under this Agreement which remain outstanding and unpaid for 7 days after the date when the same became payable at the rate of 4% per annum above National Westminster Bank plc base rate (as varied from time to time) from the date when the same became payable until payment (such interest to be paid both before and after any Court judgement) | ||||||
| (39) | To comply with all requirements imposed by law in relation to the Property (except for any which the Landlord is obliged by law to observe) and not to allow anything to be done which may be a breach of the term of any licence relating to the Property | ||||||
| (40) | To carry out any visual inspection or check required to the fire detection or burglar alarm systems at the premises | ||||||
| (41) | To notify the Landlord of any change to the burglar alarm code and to pay an administration fee in respect thereof of £50.00 to the Landlord | ||||||
| (42) | To provide any batteries needed to any smoke alarm system at the Property and at all times to ensure that such working batteries remain in the smoke alarm detector. The Tenant will report any faulty smoke alarm detector immediately to the Landlord. | ||||||
| (43) | Not to tamper or interfere with any fire doors fire alarms or fire detection system at the Property and to immediately notify the Landlord of any faults in the alarm system of which the Tenant becomes aware. | ||||||
| (44) | To permit the Landlord to display signs on the exterior of the Property indicating that the Property is for sale or To Let | ||||||
| (45) | The Tenant is strongly advised to take out insurance with a reputable insurer for the Tenant's possessions as such possessions will not be covered by any insurance effected by the Landlord | ||||||
| (46) | To pay the Landlord's reasonable administration charges and all reasonable legal costs, debt collector's charges, or other costs and expenses incurred by the Landlord in connection with the recovery of arrears of Rent or other monies payable under the Agreement or the enforcement of any breach by the Tenant of the terms of this Agreement. Unless a charge is specified the Landlord's administration charges will be assessed according to time reasonably spent. This will include a reasonable charge to the Tenant if the Landlord has to arrange for someone to call at the Property because the Tenant has lost any keys or is otherwise locked out (unless this is due to the fault of the Landlord). The Landlord may also make a charge if any cheque for rent is not cleared when presented for any reason or if the Landlord has to write to the Tenant about the rent arrears. The charges are as follows:- | ||||||
| £ | |||||||
| Letter regarding rental payments | 0.00 | ||||||
| Refer to drawer (where bank represent cheque) | 0.00 | ||||||
| Dishonoured cheque | 0.00 | ||||||
| Visit regarding non payment of rent | 0.00 | ||||||
| Other letters required due to breach of tenancy terms | 0.00 | ||||||
| Letters or documents requested by the tenant | 0.00 | ||||||
| All of these charges are for each letter per Tenant and exclude VAT if applicable. | |||||||
| (47) | Not to exceed the maximum number of occupants who are permitted to reside at the property. | ||||||
| (48) | Agrees to allow the Landlord/Agent to obtain a credit reference check. | ||||||
| 9. | If the Rent or any instalment or part thereof shall be in arrear for more than fourteen days after the same shall have become due (whether legally demanded or not) or if there shall be a breach of any of the agreements by the Tenant, the Landlord (or the Landlord's Agent) may re-enter on the Property and immediately the tenancy shall absolutely determine. This is without prejudice to the other rights and remedies of the Landlord. This right may not be exercised by the Landlord without obtaining a Court Order at any time while anyone is residing at the property. | ||||||
| 10. | The Landlord agrees with the Tenant as follows- | ||||||
| (1) | The Landlord/Agent will be entitled to charge an administration fee in the event of the Tenant (or any of the persons named as the Tenant) desiring to vacate the property before the expiry of the tenancy. | ||||||
| (2) | Such administration fee shall be a sum equivalent to one months rent under this Agreement or (if not all of the persons named as the Tenant are vacating) then an amount equivalent to one months equal share of the rent by those persons who are vacating. | ||||||
| (3) | The provisions of this Clause do not affect any liability to pay rent or otherwise comply with the terms of this Agreement. This provision does not allow the Tenant (or any person named as the Tenant) to terminate this Agreement before it expires or prejudice the Landlord’s rights under this Agreement. | ||||||
| 11. | The Landlord agrees with the Tenant as follows- | ||||||
| (1) | To pay all assessments and outgoings in respect of the Property (except the water charges, council tax, charges for the supply of gas or electric light and power and the use of any telephone) and any other charges which the Tenant is responsible under this agreement. | ||||||
| (2) | The Tenant paying the Rent and performing the agreements on the part of the Tenant may quietly possess and enjoy the Property during the tenancy without any unlawful interruption from the Landlord or any person claiming under or in trust for the Landlord | ||||||
| (3) | To return to the Tenant any rent payable for any period while the Property is rendered uninhabitable by fire or any other risk against which insurers is effective | ||||||
| 12. | The Landlord will hold the Deposit and refund it to the Tenant once the Tenant has vacated the Property at the end of the tenancy (however it ends) but less any deductions properly made by the Landlord to cover: | ||||||
| (1) | any unpaid rent or other charges under Clause 8(2) and the Landlord is authorised to pay these on behalf of the Tenant | ||||||
| (2) | the cost of remedying breaches of any of the Tenant's agents under this agreement | ||||||
| (3) | compensation for the Tenant's use and occupation of the Property if the Tenant fails to vacate on the due date or give proper notice; | ||||||
| (4) | Any interest earned on the Deposit or Holding Deposit will belong to the Agent. | ||||||
| (5) | The Agent must tell the Tenant within 28 working days of the end of the tenancy if they purpose to make any deductions from the Deposit. | ||||||
| (6) | If there is no dispute the Agent will keep or repay the deposit according to the agreed deductions and the conditions of this agreement. Payment of the Deposit or any balance of it will be made within ten working days of the Landlord agreeing the allocation of the Deposit | ||||||
| (7) | The Tenant should try to inform the Agent in writing if the Tenant intends to dispute any of the deductions regarded by the Landlord or the Agent as due from the Deposit within 20 working day after the termination or earlier ending of the Tenancy and the Tenant vacating the property.The Schemes Independent Case Examiner ("ICE") may regard failure to comply with the time limit as a breech of the rules of the TDS and if the ICE is later asked to resolve any dispute may refuse to adjudicate in this matter. | ||||||
| (8) | If, after 10 working days following the notification of a dispute to the Agent and reasonable attempts have been made in that time to resolve any differences of opinion there remains and unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit the dispute will(subject to sub-clause(9)below) be submitted to the ICE for adjudication. All parties agreeing to co-operate with the adjudication. | ||||||
| (9) | The Statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by sub-clauses (5) to (8) | ||||||
| (10) | If the Property is sold or where the agent manages the Property if he ceases to manage it the agent may pay the Deposit to a person who is a member of the Tenancy Deposit Scheme (operated) by the Dispute Service) or arrange to protect it under one of the other authorised tenancy deposit protection schemes even though the Agent holds the Deposit as a stake holder. | ||||||
| 13. | It is agreed as follows:- | ||||||
| (1) | The Tenancy Agreement shall take effect subject to the provisions of Sections 11 to 16 of the Landlord and Tenant Act 1985 if applicable to the tenancy. These provide that the Landlord is responsible for keeping the structural exterior and certain installations in the property for the supply of water, gas and electricity, space heating and water heating. | ||||||
| (2) | For the purposes of Clause 6.15 of the Civil Procedure Rules (which allows for service of claim forms by a contractually agreed method) in the event of any claim being issued in Court in relation to this Agreement the claim form may be served in any way permitted under the rules on any person named as the Tenant on the Landlord at the address respectively specified above (or such other address in England or Wales as may be notified from time to time in writing by any party to the other parties) | ||||||
| (3) | In the event of the Property or any of the furniture and effects not being in a clean condition at the beginning of the tenancy. | ||||||
| (a) | The Tenant shall notify the Landlord providing sufficient details of why the same are not clean within 48 hours of receipt of the keys to the Property using the tick sheet provided for this purpose. | ||||||
| (b) | The Landlord will carry out any necessary cleaning within 14 days of receipt of such notification. | ||||||
| (c) | The keys must be collected within one month of the beginning of the tenancy. If they are collected later than this the Landlord is not obliged to carry out any cleaning under this clause. | ||||||
| (d) | The Landlord shall be under no liability to the Tenant for the cleanliness of the premises at the beginning of the tenancy, except in respect of the Landlord's obligation to carry out any necessary cleaning following notification in accordance with this Clause. | ||||||
| (4) | The Landlord shall be entitled to have and retain a set of keys for the Property to be used in an emergency or if the Property is unoccupied or where arrangements for access have been agreed with the Landlord or to carry out any repairs or cleaning which has been notified to the Landlord by the Tenant. | ||||||
| (5) | When giving notice that the Landlord intends to enter the Property for any reason this may be done by the Landlord specifying the times between which entry may be required. | ||||||
| (6) | If any of the Tenant's furniture or belongings remain at the Property once the Tenancy as ended and the Tenant has vacated the Landlord may treat these as abandoned unless the Landlord acting reasonably considers it economic to store them in which case the Landlord may store them at the expense of the Tenant and notify the Tenant of this. The Landlord shall be entitled to be paid all reasonable costs incurred in connection with the removal disposal or storage of any such furniture or belongings. | ||||||
| (7) | The Tenant shall not be entitled to take possession of the Property or to any keys to the Property unless and until:- | ||||||
| (a) | The full amount of the Deposit has been paid to the Landlord (if required by the landlord) | ||||||
| (b) | A guarantee in a form reasonably satisfactory to the Landlord has been provided in respect of each Tenant | ||||||
| (c) | The first instalment of Rent for the Property has been paid | ||||||
| In the event that the Tenant has failed to comply fully with this obligation within one month of the beginning of the tenancy the Landlord may by notice in writing determine the tenancy with immediate effect . | |||||||
| 14. | NOTICE under Section 48 of the Landlord and Tenant Act 1987. The Tenant is hereby notified that notices (including notices in proceedings) may be served on the Landlord by the Tenant at |
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| 15. | The Tenant hereby declares that s/he has not misrepresented or failed to disclose circumstances to the Landlord or the Landlord's agent in order to acquire the tenancy. | ||||||
| 16. | For all inclusive properties the following fair use policy applies. Re Claus 8 (2) IF Gas and Electric are inclusive of the rent they are subject to "reasonable and fair use" of up to a combined value of £100 in any one month. | ||||||
| 17. | If the usage exceeds these amounts then the tenant agrees to pay the landlord the exceeded amount, as billed by the supplier. | ||||||
| 18. | Internet - Cable TV - T V license and Parking where applicable are chargeable extras unless stated in the contract. | ||||||
| 19. | Most Students are exempt from paying Council Tax. You must provide your landlord with an Exemption Certificate obtained from your University. | ||||||
| 20. | Holding/Booking Fees Booking Fees are not refundable unless we are unable to make you an offer of accommodation in which case we will refund them in full. | ||||||
| 21. | Protection of your Deposit Your holding/ booking fee converts to a deposit at the start of your tenancy. Your deposit is protected by the Deposit Protection Service and you can find out more details about the scheme @ www.depositprotection.com | ||||||
| 22. | ALL OUR PROPERTIES ARE NON SMOKING - EVIDENCE OF SMOKING FOUND ON CHECKOUT WILL RESULT IN THE LOSS OF YOUR ENTIRE DEPOSIT AND MAY RESULT IN ADDITIONAL CHARGES FOR COMPLETE REDECORATION. | ||||||
| 23. | Tenants must provide the office with GAS - ELECTRICITY & WATER meter readings within 24 hours of moving into a property and on request through out the tenancy, even if you live in an ALL Inclusive property. | ||||||
| 24. | YOU WILL HAVE BEEN PROVIDED WITH A MATTRESS PROTECTOR at the start of your tenancy usually left on your bed. You may use this or provide your own. | ||||||
| 25. | At the end of the tenancy you must leave a new mattress protector of equal quality on your bed. If this is not present on check out you will be charges £15 + vat for a replacement. | ||||||
| 26. | Where tenants use a 3rd party company to supply a bills inclusive package utility usage is determined by said companies terms and conditions. | ||||||
| SIGNED by the Landlord or his/her agent named above | |||||||
| By signing this agreement the Agent is not personally liable to the Tenant. | |||||||
| SIGNED by the Tenants named above | |||||||
| 1. ......................................................... (nominated lead tenant) | |||||||
| 2. ......................................................... | |||||||
| 3. ......................................................... | |||||||
| 4. ......................................................... | |||||||
| Dated ______ | |||||||
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