ASSURED SHORTHOLD TENANCY AGREEMENT
An Agreement Made
BETWEEN
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)
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) please refer to separate accompanying Guarantor Letter(s) of undertaking.
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.
WHEREBY 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 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 and terminating on 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. THE TENANCY granted under this Agreement gives rise to an ASSURED SHORTHOLD TENANCY within the meaning of Section 19A of the Housing Act 1996 and being subject to the said Act
3. AT THE RENT of £ per calendar month payable in advance to be received by the Landlord/Agent as cleared funds on the due dates without any deductions whatsoever on the same day each month starting
3.1. THE RENT shall include the following utility service charges NONE such charges are subject to Clauses 12 below.
DEPOSIT
4. A DEPOSIT of £ 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.
4.1. The deposit will be refunded (or proportion thereof) after the end of the 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 being returned to the Landlord. 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.
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 4.4 below.
4.3. Without prejudice to Clause 4.4 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 amount of deposit 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 referred to 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.
4.6. To yield up and surrender the premises at the termination of the Term in the same condition as the premises were at the commencement of the Term (fair wear and tear excepted) and to pay all reasonable costs for cleaning if there be any need for a cleaner or other contractor to be engaged to clean and or restore any part of the Premises then the Landlord shall be entitled to charge the Tenant (and deduct from the deposit) costs involved in the engagement of professional contractors to carry out such work. In the case of a multiple let, the tenants must be aware this is a joint and several liability. The agent reserves the right to charge an arrangement fee of up to ten per cent for any necessary engagement of third party contractors.
4.7. The deposit has been taken for the following purposes:
4.7.1. Any damage, or compensation towards damage, to the premises its fixtures and fittings or for missing items for which the tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy.
4.7.2. The reasonable cost incurred in compensating the landlord for, or for rectifying or remedying any major breach by the tenant of the tenant’s obligations under the tenancy agreement, including those relating to the cleaning of the premises its fixtures and fittings.
4.7.3. Any unpaid accounts for utilities or water charges or environmental services or other similar services or council tax incurred at the property for the tenant is liable, proof of which must be provided before formal request for deposit can be lodged.
AT THE END OF THE TENANCY
5. To give the Landlord one month notice in writing to terminate the Tenancy to take effect either:
5.1. At the completion of the minimum fixed Term as herein before provided under Clause 2 above or should the Tenant remain in occupation of the Premises as stated under Clause 11.2 below then such notice shall take effect one month after receipt by the landlord of the written notice but without prejudice to subsection of this Section below.
5.2. Notice must be received by the Landlord not later than the first day in the month prior to the month in which the Tenancy is to be terminated subject to the Tenancy start date, such notice not to expire before the end date of the fixed term.
5.3. 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.
5.4. To return all keys of the Premises to the Landlord on the final day of the Tenancy failure to do so rendering the Tenant liable to pay further Rent or Mesne Profits as well as a lock change and replacement keys.
RENT & CHARGES
6. To pay the said rent on the due days and in the manner stated under Clause 6.1 below and to pay a late payment surcharge equal to a rate of 3%t 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 one month, or on any Rent in arrears for more than one month 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.
6.1. To pay the rent net of all charges in either one of the following ways:
By debit or credit card, either in person or phone.
By cash or by bank standing order
By internet transfer (please ask for our bank details and reference to be quoted).
6.2. PROVIDED ALWAYS that if the said Rent or any instalment or part that shall be in arrears for fourteen days after the same shall have become due (whether formally demanded or not) or if the Tenant shall commit a breach of any of the several covenants provisions stipulations conditions and agreements or if the Tenant shall become bankrupt or assign his estate or execute any Deed of Arrangement for the benefit of his creditors or if the Premises shall be left vacant or unoccupied for more than 28 days (without making prior arrangement in writing with the Agent or Landlord), then in any such case it shall be lawful for the Landlord, at any time after, to re-enter and take possession of the Premises, or any part thereof, in the name of the whole (subject always to any Statutory restrictions on his power to do so) and immediately the Tenancy hereby created shall be absolutely determined, but without prejudice to any rights of action or remedy which the Landlord may have to recover all such Rent in arrears and damages or loss in respect of any breach of this Agreement.
6.3. 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 a second or more Tenant to take up occupation of the Premises then a new Rent will be set and the new joint Tenant(s) will be bound by this Agreement; if two or more persons are together “the Tenant” then their obligations to the Landlord shall be joint and several and to include “ the Guarantor“
6.4. THE TENANT shall at all times pay the respective Rents hereby reserved and perform and observe all the covenants provisions stipulations and conditions herein contained and in default thereof and in every such case the Guarantor will pay to and indemnify the Landlord against any and all Rent in arrears for more than seven days and or perform and observe any covenant provision stipulation or condition in respect of where the Tenant shall be in default.
USE OF THE PROPERTY
7. 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.
7.1. To use the Premises only as a private residence and not to carry on or permit to be carried on from the Premises or any part thereof any profession trade or business whatsoever, not to let sublet or assign or part with possession of the whole or any part of the Premises, nor allow any other person to use or occupy the same without the prior written consent of the Landlord, and not fix or suffer to be fixed or exhibited any notice board sign advertisement poster or notice whatsoever on any portion of the Premises
7.2. Not to do or permit to be done in or on the Premises or any part thereof any act or thing which may be or become a nuisance or cause damage inconvenience or annoyance to the Landlord or other Tenants or to the occupiers of any adjoining premises which may render void or voidable any policy of insurance on the said Premises or on the fixtures or fittings furniture and effects or which may cause the premium of any such policy to be increased, nor to use the premises for any illegal or immoral purpose.
7.3. 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. Be aware that it is now an offence in England and Wales to smoke in the shared parts of residential premises e.g. hallways, common stairways and corridors. If a tenant smokes in the property, this is an offence under the Smoke-free (Exemptions and Vehicles Regulations 2007) and The Smoke-free Premises etc. (Wales) Regulations 2007 and they will be in breach of the tenancy agreement. For the avoidance of doubt nicotine staining is not considered fair wear and tear.
REPAIRS AND MAINTENANCE
8. To report and confirm in writing any defect (for example “but not limited to” the appearance of damp, a failure in the water system, broken windows or breakage of furniture and effects) to the Landlord immediately they occur and to make every effort to prevent any potential damage including damage by water penetration to the decoration or contents of the property and in default of giving immediate notice and taking immediate appropriate and responsible action to mitigate any damage irrespective of how the damage first occurred the Tenant shall be responsible for the consequences of such failure to so report or mitigate the damage.
8.1. To report to landlord or his agent any leakage from guttering and keep the drains and pipes of the Premises clear, the chimney (if any) swept, to keep any garden or other exterior area neat and free from weeds (the provision of garden equipment to be the responsibility of the Tenant) and to keep clean the windows of the Premises and replace all broken glass caused by the Tenant or guests of the Tenant.
8.2. To permit the Landlord or the Landlord’s employees or duly authorised Agents with or without workmen and others at all reasonable times during the Tenancy given proper notice to enter into and upon the Premises for the purpose of repairing and painting internally or externally or for carrying out any works of maintenance and completing structural and or other repairs to the building which the Landlord may consider necessary, or for examining the state and condition of the Premises and or contents, and thereupon the Landlord or his Agent may serve on the Tenant a notice in writing specifying any cleaning or repairs necessary which are the responsibility of the Tenant to be carried out and require the Tenant to execute immediately, if the Tenant within ten days after the service of such notice does not proceed diligently with the execution of such cleaning or repairs, then to permit the Landlord on reasonable notice to enter upon the Premises and carry out such cleaning and or repairs the costs shall be met by the Tenant and or Guarantor and in default recoverable by action.
OTHER TENANT RESPONSABILITIES
9.0 THE TENANT hereby covenants with the Landlord as follows:
9.1. To register with the appropriate service providers and local government department subject to Clause 3 above and pay for all charges (including standing and consumption charges and any deposits or connection and termination charges) in respect of the supply of gas electricity and water to the Premises during the Tenancy. To perform and observe any obligation arising under the Local Government Finance Act 1992 or regulations, to pay contributions to Council Tax or any similar tax or levy and in default will pay to and indemnify the Landlord against either the whole of any Council Tax or similar tax or levy payable by the Landlord during the Tenancy in respect of the Premises or a fair proportion (to be determined by the Landlord) of any Council Tax or similar tax or levy payable by the Landlord during the Tenancy in respect of any building of which the Premises form part, and pay such sum or contribution (as the case may be) at the time prescribed by or under Statute and otherwise on the date upon which the rent is payable.
9.2. 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.
9.3. 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 to 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, by reporting any faults to the Landlord/Agency throughout and at the end of the Tenancy. During the tenancy the changing of fluorescent tubes and starters, light bulbs and batteries for smoke alarms and door bells are the responsibility of the tenant.
9.4. At all times during the Tenancy to keep clean all the carpets furniture and effects of the Premises and further to keep the floors 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.
9.5. 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.
9.6. 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.
9.7. Not to allow oil paraffin butane or other gas heaters to be kept on or to be used in or on the Premises nor to install or use additional heaters without the prior written consent of the Landlord or his Agent
9.8. Not to allow animals, reptiles, insects, rodents or birds to be kept on or to enter upon the Premises
9.9. 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.
9.10. To turn off the main water supply and have drained by a competent plumber the water systems of the Premises if vacating or leaving unoccupied the Premises during the months of November through to April at no cost to the Landlord or to leave heating on, common sense to prevail.
9.11. 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.
9.12. To permit the Landlord or his Agent at all reasonable hours in the daytime subject to twenty-four hours’ notice unless otherwise authorised by the tenant to enter and view the Property with prospective Tenants. Access to all rooms must be made available and in a clean and tidy state.
9.13. 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 and similar proprietary products are prohibited.
9.14. 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.
9.15. The Tenant will not use any gas appliances or fittings that the Tenant knows or suspects to be unsafe.
9.16. The Tenant will inform the Landlord without delay if the Tenant becomes aware of any defect in any gas appliance flue or gas installation.
9.17. The Tenant agrees to allow access to facilitate safety checks and maintenance work upon notice being given by the Landlord or his Agent.
9.18. THE TENANT is responsible for the provision of any Television Licence required by law, 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.
9.19. The Tenant shall ensure that all rooms comprised in the premises are kept properly ventilated and avoid causing condensation.
LANDLORD AGREES WITH THE TENANT
10. THE LANDLORD hereby covenants with the Tenant as follows:
10.1. 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 unlawful interruption from the Landlord or any person claiming under or in trust for him.
10.2. The Landlord will use all reasonable endeavours to maintain gas fittings and flues (if any) in a safe condition.
10.3. The Landlord will 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 and for the Tenant to be issued with a copy of the Gas Safety Record following each annual inspection.
10.4. To pay and indemnify the Tenant against all assessments and taxes (other than those mentioned in Clause 9.1 above) service charges and other outgoings in respect of the Premises except the charges for the supply of gas electricity water telephone (and internet if not otherwise provided by Landlord or Agent) which shall be paid by the Tenant as herein before provide.
THE PARTIES AGREE
11. IT IS HEREBY AGREED AND DECLARED as follows
11.1. NO ALTERATION or amendment to this Agreement will be permitted accepted or recognised by the Landlord or Agent, 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.
11.2. AT THE END OF THE MINIMUM FIXED TERM provided under Clause 2 above subject to no notice of termination being served on the Landlord by the Tenant, as required under Clause 5.2 above, or no notice to quit being served on the Tenant by the Landlord and no other Agreement being signed by both parties the Tenancy hereby created will continue on the same terms covenants provisions stipulations and conditions as are contained in this Agreement except that the Tenancy being created under this Clause shall be, an Assured Shorthold Periodic Tenancy which the Landlord can bring to an end after serving the Tenant not less than two months written notice stating that the Landlord requires possession of the Premises this provision is without prejudice to the Tenant’s obligations to the Landlord under Clause 5.2 above.
11.3. REFERENCES to the singular include the plural; and to “month” mean calendar month.
11.4. NOTWITHSTANDING the rights of action or remedies available to the Landlord to enforce action against the Tenant, or to enforce payment of Rent and or the performance and observance of all or any covenant provision stipulation and or condition herein contained or of any temporary waiver indulgence compromise or arrangement made on the part of the Landlord to the favour of the Tenant the Surety or his estate and effects shall not hereby be discharged from any liability under this and the foregoing provision of covenant herein before provided.
11.5. SHOULD THE TENANT enter into liquidation and the liquidator thereafter disclaim this Agreement or if this Agreement shall become liable to (and the Landlord secures) forfeiture of the Tenancy, and furthermore the Landlord within three months after such disclaimer or forfeiture by notice in writing shall require the Surety or his personal representatives to accept a Tenancy of the demised Premises for a Term commensurate with the residue which (had there been no disclaimer or forfeiture as the case may be) would have remained for the Term hereby granted at the Rent and under the same covenants provisions stipulations and conditions as are respectively hereby reserved and contained (the said new Tenancy and the rights liabilities hereunder to take effect from the date of the said disclaimer or forfeiture as the case may be) then and in any such case the Surety or his personal representatives shall accept such Tenancy and execute a counterpart thereof.
11.6. DATA PROTECTION: The Tenant consents and agrees that:
11.6.1. The Landlord or his Agent may process any information or personal details on or of the Tenant as defined in the Data Protection Act 1988.
11.6.2. The Tenant agrees that the Landlord or his Agent may pass on the Tenant’s forwarding address and/or other personal information to utility suppliers, local authority, any credit agencies, or reference agencies and for debt collection purposes.
11.7. 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.
TENANT OBLIGATIONS where rent includes UTILITY SERVICES
As part of this Tenancy Agreement, the Landlord may agree to include energy and water services (the “Services”) to the Tenant as part of the fixed price rental charge at the Property (“Rent”) as set out in Clause [3] above. The Landlord will provide the Services through a contract with a third party service provider - Glide Utilities Limited, a company incorporated in England and Wales (company number 06194523) whose registered office is at Alpha Tower, Suffolk Street Queensway, Birmingham, B1 1TT (“Glide”).
THE TENANT ACKNOWLEDGES AND AGREES as follows
12. In order to be eligible for the Rent at the fixed rate in relation to the Services at the Property, the Tenant shall be obliged at all times to comply with the usage allowances set out at clause [12.4] below (“Bills Inclusive Policy”).
12.1. Should the Tenant fail to comply with the Bills Inclusive Policy, additional fees may be payable to the Landlord.
12.2. The Tenant agrees that to the extent that there is more than one tenant at the Property, the obligations and liabilities of each of the tenants in relation to any additional fees payable to the Landlord shall be joint and several obligations and liabilities of those tenants.
12.3. From time to time Glide may request certain information about you from the Landlord including:
12.3.1. your name, mobile number and email address;
12.3.2. copies of the tenancy agreements;
12.3.3. information about the arrival and departure of any tenants at the Property.
You agree that the Landlord shall be entitled to pass the above information to Glide provided that any such information will be held by Glide according to Glide’s Privacy and cookies policy at glide.co.uk/policies/privacy.
12.4 BILLS INCLUSIVE POLICY
If the bills are included within your Rent, then this policy will apply to you. This is to ensure that your energy and water usage is sensible and reasonable.
There are allowances below to limit the amount of energy and water that you can use when bills are included within your rent. The allowances are generous but it is important that you and the other tenants in your home are sensible with your energy and water usage throughout your entire tenancy agreement.
If you go over the allowances, you will be charged for the additional usage. The energy tariffs applicable to the Services are set out at glide.co.uk/tariffs. The allowances are for the 12 month period so if your tenancy agreement is shorter or longer, we’ll adjust the allowance accordingly.
PORTSMOUTH
Number of tenants
Gas annual allowance per property (£)
Electricity annual allowance per property (£)
Water annual allowance per property (£)
2
£1,117.05
£900.64
£546.61
3
£1,128.83
£925.08
£568.03
4
£1,398.49
£1,035.84
£603.15
5
£1,450.56
£1,229.80
£642.56
6
£1,554.70
£1,329.12
£709.39
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.
FOR THE PURPOSES of section 48 of the Landlord and Tenant Act 1987 the Landlord’s address for the service of notices is 77a Castle Road, Southsea, Portsmouth, Hampshire PO5 3AY.
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 _____________
Signed: ______________________________________ Date _____________
The Landlord (or Managing Agent on behalf of the Landlord)
New paragraph
