Professional - Sample Tenancy Agreement

ASSURED SHORTHOLD TENANCY AGREEMENT

Is made the

 

BETWEEN THE LANDLORD

 

 

Hereinafter called “the Landlord” being the rightful owner and entitled to the reversion immediately on the determination of the Tenancy hereby created of the first part

 

AND TENANT(S)

 

Mr Angur Ahmed

 

 

Of the other part hereinafter called “the Tenant” of the premises mentioned below for the duration of the period stated of the second part

 

AND GUARANTOR(S)

 

Hereinafter called “the Guarantor” which shall where context states include his estate and or trustees of the third part.

 

For details of Guarantor(s), where required, please refer to separate accompanying Guarantor Letter of undertaking.

 

Of the other part (hereinafter referred to as the Guarantor)

 

WHEREBY the Landlord agrees to let & the Tenants agree to take THE PREMISES known as:-

 

 

Together with any furniture fixtures and effects therein as specified in the inventory signed by the parties.

 

For a term of xx months from  

WHERE IT IS AGREED as follows

 

1.             THE LANDLORD lets and the Tenant takes ALL THOSE premises (hereinafter called “the Premises”) TOGETHER WITH the rights all access ways to and from the Premises both inside and outside the building of which the Premises form part AND TOGETHER with the fixtures and fittings now in or on or which are subsequently added to the Premises AND the furniture and effects now in or on or which are subsequently added to the premises and listed in the “Inventory” which shall be provided to the tenant upon first occupation of the premises

 

2.             TO HOLD the same unto the Tenant for a minimum fixed Term commencing on and including the xxxxx and terminating on xxxxx and including the and continuing thereafter until the Tenancy hereby created shall be determined by the Landlord giving to the Tenant two months written notice to terminate the Tenancy from the aforesaid date

 

3.             AT THE RENT OF £xxxx per calendar month payable in advance to be received as cleared funds by the Landlord or authorised Agent every month on or before the due date without any deductions whatsoever on the same day each month starting xxxx

 

 

 

 

 

 

DEPOSIT.

 

4.      A DEPOSIT of £xxx to be paid by the Tenant upon booking the property. This deposit will be held and returned under the terms of Tenancy Deposit Solutions Limited (TDSL) trading as my|Deposits. Further details are on their website www.mydeposits.co.uk.

 

4.1.                         The deposit will be refunded (or proportion thereof) after the end of Tenancy subject to:

 

4.1.1.         The Tenant fulfilling all his obligations herein

 

4.1.2.         The Premises furniture and effects being handed up in a clean condition no repairs being required or damage incurred

 

4.1.3.         All keys to the property to be returned to the Landlord or his agent on the last day of the tenancy. In the event that all keys are not returned to the Landlord/Agent the tenants shall pay reasonable costs of having new locks fitted and new keys cut. Rent is payable and to be charged per day until the lock change takes place, which shall be carried out as soon as reasonably possible.

 

4.2.                         The Tenant undertakes to pay to the Landlord the Rent reserved to the final date of termination of the Tenancy and must not consider the above mentioned deposit as a Rent payment; the deposit is a sum which will be refunded by the Landlord after the termination of the Tenancy in accordance with the Terms of this Agreement subject always to Clause 4.5 below.

 

4.3.                         Without prejudice to Clause 4.5 below and notwithstanding the Landlord’s rights and remedies under the Terms of this Agreement the Landlord may use the deposit to make good any of the Tenant’s responsibilities hereunder where he may default and for any loss or damage caused by the Tenant or the Tenant’s visitors to the premises or any part of the building fixtures furniture fitting effects and equipment.

 

4.4.                         The Landlord reserves the right to retain the above deposit until the amount of deductions is established and undertakes to return the agreed refund of deposit or proportion thereof without interest within 10 days subject to formal request from the tenant in writing thereafter subject always to Clause 4.1 above.

 

4.5.                         The depositing of such sum as aforesaid shall not discharge the Tenant from his liabilities under the terms of this Agreement, in so far as they may exceed the above deposit, nor shall the deposit of such sum be in any way considered as constituting any limitation of the Tenant’s liabilities hereunder.

 

4.6.                         Any items left at the property or in the immediate vicinity of the property by the Tenant at the termination of the tenancy will not be held and if unclaimed will be deemed to be unwanted and disposed of. Any costs for storage or disposal will be charged to the tenant.

 

 

TENANT’S OBLIGATIONS

 

 

5.             That the Tenant agrees with the Landlord as follows:-

 

5.1.                         To pay the said rent on the days and in the manner aforesaid and to pay a late payment Surcharge equal to a rate of 3% above the Bank of England base rate per month or any part thereof on the total balance of any monies outstanding to the Landlord and in arrears for more than 14 days or on any Rent in arrears for more than 14 days calculated from the date upon which payment was due to be paid to the date upon which it is actually received by the Landlord or his duly authorised Agent the surcharge shall be compounded on a monthly basis.

 

 

5.2.                         To keep the interior of the premises and all fixings, fittings, décor and furniture therein in good repair and to make good all damage, breakage’s destruction, losses or theft caused directly or otherwise by the Tenant or his family, visitors, servants or others or otherwise be responsible for the cost of all repairs and/or replacements, fair wear and tear only excepted.

 

5.3.                         To use the premises only for the purpose of a residence as a private dwelling house and not to carry on or permit to be carried on from the premises or any part thereof any profession, trade or business whatsoever.

 

5.4.                         To refrain from causing annoyance or inconvenience (whether by noise or otherwise) to any neighbour or to any other occupier of the same premises or buildings. Not to allow members of the household or visitors to cause annoyance or nuisance to other persons in the locality.

 

5.5.                         Not to do or permit to be done anything which may invalidate the buildings insurance of the Property or cause the ordinary premium to be increased.

 

5.6.                         To comply with the terms of the head lease if applicable.

 

5.7.                         To permit the Landlord his servants or agents to enter the premises at all reasonable times upon receipt of reasonable notice for the purposes of inspecting the premises and carrying out any necessary maintenance or repair.

 

5.8.                         To give the Landlord notice as soon as is reasonably practicable of any necessary repairs or of damage to any of the fixtures or fittings within the premises.

 

5.9.                         Not to remove any of the furniture, fixtures or fittings as described in the inventory from the property.

 

5.10.                      To deliver up the premises and all furniture, fixtures and fittings therein to the Landlord at the expiration or sooner determination of this tenancy in good condition and complete repair, fair wear and tear only excepted; and to leave all furniture, fixtures and fittings therein in the same position and condition as at the commencement of this tenancy agreement in accordance with the inventory of furniture and effects, a copy which has been provided.

 

5.11.                      Not to carry out or put into effect any structural alteration or addition to the premises, not to erect satellite dishes, not to change the locks to the outer doors of the property, not to make any duplicate keys thereto but to return all such keys to the Landlord or Landlord’s Agent at the expiration or sooner determination of the tenancy. Not to carry out or instruct others to carry our any repairs to the premises or any part thereof without the prior written authorisation of the Landlord or the Landlords Agent.

 

5.12.                      Not to assign, sub-let or part with the possession of the premises furniture, fixtures or fittings or any part thereof or to allow any other person to reside in the premises or to take in any lodger or paying guest.

 

5.13.                      Not to affix to the exterior or to the windows or interior of the premises any sign advertisement handbill or poster.

 

5.14.                      To permit the Landlord or his agents and others authorised by him at all reasonable times on receipt of reasonable notice to enter into or upon the premises or any part thereof to view the premises in connection with the possible future re-letting and should the Landlord so wish to, the tenant shall permit the Landlord to display an appropriate advertising notice upon the property.

 

5.15.                      If the Tenant being an individual shall become bankrupt or if the Tenant shall enter into composition with his creditors the Landlord may re-enter the property and immediately thereupon the tenancy shall absolutely determine without prejudice to any other remedy of the Landlord.

 

5.16.                      In the event of this assured shorthold tenancy lasting for a period in excess of the fixed term the Landlord shall have the right to increase the rent annually on the anniversary of the creation of the tenancy in accordance with the Retail price index subject to a minimum of 4% and a maximum of 10%.

 

5.17.                      The Tenant may determine this agreement by giving at least one month notice to the Landlord in writing, such notice not to expire before the                           Notice must be received by the Landlord no later than the rental due date one month prior to the Tenancy terminating subject to the Tenancy start date.

 

5.18.                      To notify all utility suppliers and pay all charges including standing and consumption charges and any deposits or connection charges in respect of the supply of gas, electricity and drinking and wastage water and the amount of all charges made for use of the telephone and internet (if any) on the premises during the course of the tenancy.

 

5.19.                      Not to erect, abandon, or place any hut, shed, caravan, house on wheels or other chattel nor any hoarding on the site of the said premises.

 

5.20.                      Not to allow oil paraffin butane or gas heaters to be kept on or to be used in or on the Premises not to install or use additional heaters without the prior written consent of the Landlord or his Agent.

 

5.21.                      To keep the Premises secure at all times and to notify the Landlord immediately by telephone and confirm in writing within twenty-four hours any act of burglary or vandalism.

 

5.22.                      To turn off the main water supply and have drained by a competent plumber the water system of the Premises if vacating or leaving unoccupied the Premises during the months of November through to April at no cost to the Landlord.

 

5.23.                      To pay for the washing of all linen, counterpanes, blankets, curtains, carpets and any other of the Landlord’s effects, which shall have been or become soiled during the Tenancy.

 

5.24.                      To immediately forward to the Landlord every notice concerning the property or if it is the Tenant’s duty to comply with such notice an accurate copy of it and to immediately forward every official notice or other letter or communication (unopened) addressed to the Landlord.

 

5.25.                      To disinfect/eradicate the Premises or cause to be disinfected/eradicated to the satisfaction of the Local Authorities and free of expense to the Landlord in the event of any infestation (including mice, rats, fleas etc.), or infection or contagious disease occurring on the Premises during the Tenancy.

 

5.26.                      Not to (or allow any visitor or guest to the premises to) damage or injure the Premises or to make any alteration or addition to the Premises and not remove any of the furniture and effects or any part thereof or any articles added to or substituted for the same from the Premises without the previous consent in writing of the Landlord and to leave the same at the expiration or sooner determination of the Tenancy in the several rooms and places.

 

5.27.                      Not to change the locks or install additional locks and to keep the interior of the premises in good decorative order and keep in good and tenantable repair all the fixtures fittings and household effects on the Premises and shall not remove from the Premises any of the said furniture and effects and shall keep the same in their present state of repair and condition (fair wear and tear excepted) and shall replace with similar articles of at least equal value or if the Landlord so requires pay to the Landlord the value of any part of the said furniture and effects which may be destroyed or so damaged as to be incapable of being restored to their former condition and to ensure that all electrical and gas appliances and fittings are maintained in good working order throughout and at the end of the Tenancy.

 

5.28.                      At all times during the Tenancy to keep clean all the carpets furniture and effects of the (if any) Premises and further to keep the floor halls stairways and passageways of the Premises clear and free from any kind of obstruction whatsoever to a standard appropriate to the Housing (Management of Housing in Multiple Occupation) Regulations 1990 including any subsequent amendment or re-enactment thereof.

 

5.29.                      To keep the drains, gutters and pipes of the Premises clear, the chimney (if any) swept, the garden neat and free from weeds and to keep clean the windows of the Premises and replace all broken glass. Please note the liability of the tenant is to report to the landlord or his agent any leak or blockage noticed.

 

5.30.                      To maintain connection to the telephone service (if any) and not tamper with damage or remove the telephone instrument from the Premises and to pay all charges (including call rental service and other standing charges and any deposit or connection and disconnection charges) in respect of the use of the telephone during the Tenancy.

 

5.31.                      The Tenant is responsible for the provision of any Television Licence required by law and any action against the Landlord that shall arise out of the Tenant’s failure to obtain and keep valid such Licence will render the Tenant liable for all costs (including any fine) incurred by the Landlord before during and after such action has taken place.

 

5.32.                      The rent is exclusive of Council Tax which shall remain the responsibility of the Tenant.

 

5.33.                      The Tenant agrees that the decision of Universal Property Management shall be final & binding in the event of any dispute between the Landlord, the Tenant and/or Universal Property Management.

 

5.34.                      No internal or external decorating of the premises is to be carried out by the Tenant and nothing affixed to walls other than by proper picture hooks. No posters are to be affixed to the walls and the use of Sellotape, Blu-tac or similar adhesives are prohibited.

 

5.35.                      The Tenant hereby covenants that he shall not keep any domestic pet at the premises or upon any part thereof save for such domestic pet as are specified in this agreement hereof and in respect of which permission has been expressly granted by the Landlord in such event to the Tenant accepting liability for all and any damage, spoilage or dilapidation to the fixtures, effects, décor of or at the premises and subject to the cost of de-infestation being met by the Tenant and being charged against the deposit (if the same is sufficient) on vacation of the premises with the balance thereof, if any being paid by the Tenant.

 

The specified pets are: N/A

Number:- N/A Description:- N/A

 

5.36.                      The Tenant shall not leave the premises unoccupied or vacant for a period in excess of twenty-eight consecutive days without notifying the Landlord in writing.

 

5.37.                      The Tenant is responsible for keeping all electric lights and smoke detectors (if any) in good working order and in particular to replace all batteries, fuses, bulbs and fluorescent tubes where necessary.

 

5.38.                      The Tenant shall ensure that all rooms comprised in the premises are kept properly ventilated and avoid causing condensation.

 

5.39.                      Where there are two or more Tenants the Tenants shall be jointly and severally responsible for all the rent payable under this agreement and for all other obligations imposed by the Agreement this includes the Guarantor/s.

 

5.40.                      The Tenant should take all reasonable precautions to ensure the property is always secure, no external doors are left open or unlocked and not to loan or give keys to any persons not mentioned in this tenancy agreement.

 

5.41.                      The tenancy of the property has been granted to the named Tenant, upon the condition that the tenant holds insurance (sometimes known as “Tenant Liability Insurance”) that the Landlord or his Letting Agent considers adequate to protect up to £2,500 against accidental damage caused by the Tenant, to the contents, furniture, fixtures and fittings at the property as described in the inventory.

 

5.42.                      There is to be no smoking whatsoever in the property. The Tenant shall refrain from smoking or using illegal substances and shall not allow members of the household or visitors to smoke or use illegal substances in the property. For the avoidance of doubt nicotine staining is not considered fair wear and tear.

 

6.             THE RENT shown in Clause 3 is for single occupancy unless the name shown as “the Tenant” where before written is shown as more than one; should the Landlord permit further Tenant/s to take up occupation of the Premises as herein before provided a new Rent will be set and the new joint Tenant will be bound by this Agreement; if two or more persons are together “the Tenant” their obligations to the Landlord shall be joint and several and to include “the Guarantor”.

 

7.             REFERENCES to the singular includes the plural; and to “month” means calendar month.

 

8.             NO ALTERATION or amendment to this Agreement will be permitted accepted or recognised by the Landlord and the Tenant hereby acknowledges that any markings on this Agreement made in pen, pencil, typewriter or any other instrument either by the crossing out of any word or words or by the addition of any word or words will NOT form part of the Agreement or have any binding effect on it FURTHERMORE the Tenant agrees that this Tenancy Agreement is the complete and exclusive statement of the Agreement between the Landlord and the Tenant which supersedes all understandings or prior arrangements oral or written and all representations or other communications between the Landlord (including his duly appointed Agent) and the Tenant relating to the subject matter of this Agreement and the Tenancy hereby created.

 

 

LANDLORD’S OBLIGATIONS

 

 

9.             THE LANDLORD hereby covenants with the Tenant as follows:-

 

9.1.                         To pay and indemnify the Tenant against all assessments and taxes (other than those mentioned in above) service charges and other outgoings in respect of the Premises except the charges for the supply of gas electricity telephone and internet which shall be paid by the Tenant as herein before provided.

 

9.2.                         That the Tenant paying the Rent as aforesaid and performing and observing all the agreements on his part herein contained shall quietly possess and enjoy the Premises during the Tenancy without any lawful interruption from the Landlord or any person claiming under or in trust for him.

 

9.3.                         To keep the exterior and structure of the premises in good repair and to keep in good repair and working order the installations for water, gas, electricity, space heating, water heating and sanitation.

 

9.4.                         To insure and to keep insured during the currency of this tenancy the property against all risks normally covered in a standard house buildings insurance policy.

 

9.5.                         To notify the Tenant in writing, by telephone or email of the dates and times at which the premises will be inspected by the Landlord and or by his servants or agents and of the dates and times at which any necessary repairs or maintenance are to be carried out; such inspections repairs or maintenance to be carried out at reasonable times only except in circumstances of extreme emergency where immediate access is necessary.

 

9.6.                         The Landlord covenants to the Tenant that his is the sole owner (unless two or more landlords are named on page one) of the leasehold or freehold interest in the property and that all consents necessary to enable him to enter into this agreement (whether from superior lessors, mortgages or others) have been obtained.

 

 

GAS SAFETY

 

 

10.         The Landlord will use all reasonable endeavours to maintain gas fittings and flues (if any) in a safe condition and to arrange for an annual safety check to be undertaken in respect of each gas appliance/flue pursuant to the Gas Safety (Installation and Use) Regulations 1998 as amended from time to time.

 

10.1.                      The Landlord will arrange for the Tenant to be issued with a copy of the Gas Safety Record following each annual inspection.

 

10.1.1.      The Tenant acknowledges that it is illegal for the Tenant to work on gas appliances or fittings unless the Tenant is GAS SAFE registered. The Tenant agrees not to undertake any do-it-yourself work on gas appliances or fittings.

 

10.1.2.      The Tenant will not use any gas appliances or fittings that the Tenant knows or suspects to be unsafe.

 

10.1.3.      The Tenant will inform the Landlord without delay if the Tenant becomes aware of any defect in any gas appliance flue or gas installation.

 

10.1.4.      The Tenant agrees to allow access to facilitate safety checks and maintenance work upon notice being given by the Landlord or the Agent.

 


PROVISO FOR RE-ENTRY

 

 

11.         If any instalment or any part of the rent is at least fourteen days in arrears (whether expressly demanded or not) or any other breach of this agreement by the Tenant or if Grounds 8,10,12,13,14,15 or 17 of Schedule 2 of the Housing Act 1988 as amended apply then the Landlord may re-enter and take possession of the premises (subject to any statutory restrictions) and this Agreement shall then cease to have effect without prejudice to the Landlord’s right to recover the rent then due and any damages for any prior breach to this agreement.

 

12.         The Tenant is hereby notified under Section 48 of the Landlord and Tenant Act 1987 that notices (including notices in proceedings) and any other correspondence addressed to the Landlord must be served on the Landlord or his Agent at 77A Castle Road, Southsea, Portsmouth, Hampshire P05 3AY.

 

ANY TEMPORARY WAIVER or indulgence by the Landlord in the exercise of any of his rights under this Agreement will not preclude him doing so at a subsequent date and the Tenant accepts that no delay on the part of the Landlord to act upon any breach of this Agreement shall be deemed a waiver of this breach.

 

DATA PROTECTION: All parties consent and agrees that:

 

The Landlord or his Agent may process any information or personal details on or of the Tenant/s or Guarantor/s as defined in the Data Protection Act 1988.

 

The Tenant/s or Guarantor/s agrees that the Landlord or his Agent may pass on forwarding addresses and/or other personal information to utility suppliers, local authority, credit agencies, or reference agencies and for debt collection.

 

WHERE THE PREMISES hereunder form part of a House in Multiple Occupation as defined by Section 345 of the Housing Act 1985 the Tenant’s liability to the Landlord for the Common Parts shall be joint and several.

 

SERVICE OF NOTICES. You agree that the service of notices, the How to Rent Guide, Gas Safety Inspection Report, Energy Performance Certificate, and Prescribed Information in relation to the government approved tenancy deposit scheme may be served on you by email.

 

THIS AGREEMENT shall take effect subject to the provisions of Section 11 of the Landlord and Tenant Act 1985 as amended by Section 116 of the Housing Act 1988.


AS WITNESS the hands of the parties the day and year first before written




Signed            ______________________________________       Date _____________

                         

 

           


Signed:           ______________________________________       Date _____________

         The Landlord (or Managing Agent on behalf of the Landlord)

 

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