ASSURED SHORTHOLD TENANCY AGREEMENT
For letting a dwelling house on an Assured Shorthold Tenancy under Part 1 of the Housing Act 1988 as amended by the Housing Act 1996.
THIS AGREEMENT is made on:
BETWEEN:
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| (THE TENANT) |
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The Landlord lets and the Tenant takes the property known as:
On an Assured Shorthold Tenancy as defined in Section 20 Housing Act 1988 and the provisions for Recovery of Possession by the Landlord in Section 21 thereof apply accordingly.
For a period of 6 months
From:
Until:
At a rental of:
IT IS AGREED as follows:
(1) Where the expression "the Tenant" comprises more than one person the obligations on the part of such persons shall be joint and individual.
(2) Where the Landlord is entitled to do anything at the cost or expense of the Tenant or make a charge to the Tenant (however expressed) the Tenant shall pay the amount incurred to the Landlord within 14 days of a written demand or the Landlord may deduct the same from the Deposit.
(3) Any reference to any enactment or Act of parliament whether specific or in general terms shall include any modification extension or re-enactment thereof for the time being in force and shall include instruments regulations or orders for the time being issued or deriving validity therefrom.
(4) Any agreement or obligation on the part of the Tenant (however expressed) to do or not to do any particular act or thing shall also be construed as an obligation on the part of the Tenant not to permit or allow the same.
The Deposit
(1) On the signing of this Agreement the Tenant shall pay to the Landlord a Deposit of £ by way of a Deposit as security for the Landlord which is banked immediately in respect of:-
(a) Any Rent or any other monies payable under this Agreement which may be due but which remain unpaid.
(b) Any damage to the Premises or the Contents for which the Tenant may be liable.
(c) Any unpaid accounts for electricity or gas consumed in the Premises and any unpaid telephone charges (if one is installed in the Premises) or for Council Tax.
(d) Any other breach on the part of the Tenant or the Tenant's agreements and obligations under this Agreement.
(e) Any costs expenses charges or other monies payable by the Tenant to the Landlord under this Agreement.
(2) The Landlord may at the time deduct from the Deposit any amount arising out of any of the foregoing matters but the Landlord shall notify the Tenant of any such deduction.
(3) Without prejudice to sub-clause (4) the Deposit shall be returned to the Tenant within one month after the Tenant has vacated the Premises following the expiration or determination of the Tenancy and the return of all keys to the Landlord but after deducting all such sums as referred to in sub-clause (1) above (if any) but in the event of them exceeding the amount then held by the Landlord for the Deposit the amount of such excess shall be paid by the Tenant to the Landlord within 14 days of written demand.
(4) The Landlord reserves the right to withhold the Deposit until the Landlord is satisfied that any charges payable by the Tenant in respect of gas electricity telephone or for Council Tax for the Premises have been paid in full.
(5) In any case where the Landlord has the right to make a deduction from the Deposit in respect of more than one claim then the Landlord shall have the right to make such appropriation as the Landlord sees fit.
(6) No interest shall be payable on the Deposit.
(7) The Landlord shall not be obliged to refund the Deposit or any part of the Deposit on any change in the person or persons who for the time being comprise the Tenant.
(8) Where more than one person is comprised for the time being in the expression "the Tenant" the Deposit may be repaid to any one or more of such persons to the exclusion of the remaining Tenant or Tenants and such repayment shall discharge the Landlord from any further liability in respect of the amount so repaid to any person who is or has at any time been comprised within the expression "the Tenant" for the purposes of this Agreement.
(9) If at any time during the Tenancy (whether by reason of any deduction made by the Landlord or for any other reason) the amount then held by the Landlord in respect of the Deposit is less than the sum specified in Clause 1 (1) the Landlord may require the Tenant to pay to the Landlord such amount as is required to increase the amount of the Deposit accordingly and the Tenant shall pay such amount within 14 days of written demand.
(10) The Tenant shall not be entitled to withhold the payment of any instalment of Rent or any other monies payable under this Agreement or any part of the same on the ground that the Landlord has in the Landlord's possession monies in respect of the Deposit.
(11) Without prejudice to sub clause (4) the Deposit will be posted to the home addresses supplied by the tenant.
Tenants Obligations
The Tenant agrees with the Landlord throughout the Term as follows:-
Payment of Rent
(1) To pay the Rent according to the Terms of this Agreement.
Interest
(2) In the event of any instalment of Rent or any other money payable under this Agreement remaining unpaid for 14 days after the same becomes payable then interest at Barclays Bank base rate shall become payable and interest is to be paid from the date when due until the date upon which cleared funds are received in respect of such Rent.
Payment of Council Tax
(3) To pay the Council Tax (if any) in respect of the Premises.
Payment for Services etc.
(4) To pay all charges in respect of gas and electricity consumed on the Premises all charges in respect of any telephone installed in the Premises and the television licence fee or (as the case may be) a fair proportion where the same are used in common with other persons.
Transfer of Services etc.
(5) (a) To forthwith arrange for all accounts for gas electricity and telephone for the Premises to be transferred into the name of the Tenant.
(b) To ensure that the final readings are taken in respect of the gas electricity and telephone supplies to the Premises (and the water supply where this is metered) immediately before the Tenant vacates the same.
(c) Not to change the current supplier for gas electricity and telephone supplies to the Premises without the prior consent of the Landlord.
Taking Care of the Premises etc.
(6) (a) To keep the interior of the Premises in good repair and condition throughout the Tenancy and also to keep the interior of the Premises in good decorative order and condition throughout the Tenancy (damage by fire or any other risk against which insurance is effected by the Landlord excepted).
(b) To replace all broken glass, fuses and electric light bulbs and batteries in smoke detectors at the Premises.
Damage to the Premises
(7) To make good or if so required by the Landlord pay for all damage to the Premises caused by the act or omission of the Tenant or any person who is residing or sleeping at or visiting the Premises.
Keeping the Premises Clean
(8) To keep the Premises in a clean and tidy condition throughout the Tenancy
Overloading drains etc.
(9) Not to overload block up or damage any of the drains pipes wires cables or any apparatus or installation relating to the services serving the Premises.
Clearing blockages
(10) To clear any stoppages or blockages when any occur in any of the drains sinks toilets or wastes that serve the Premises caused as a direct result of the Tenants actions.
Removal of Rubbish
(11) To remove all rubbish from the Premises and to place the same within any dustbin or receptacles if provided and in the case of dustbins to ensure that all rubbish is placed and kept inside plastic bin liners inside such dustbins. However in the event that no dustbin is provided the rubbish must be placed inside plastic bin liners and placed for collection on a weekly basis.
The Contents
(12) (a) To keep the Contents in good repair and condition throughout the Term.
(b) To keep the Contents clean throughout the Term.
(c) To make good or if so required by the Landlord pay for the repair of or replacement of all such items of the Contents as shall be broken lost stolen damaged or destroyed during the Term (damage by fire or any other risk against which insurance is effected by the Landlord excepted).
(d) Not to remove any of the Contents from the Premises or store the same in the basement or cellar (if any) and upon vacating the Premises to leave the same in the same places in which they were on the Commencement Date.
(e) To pay for the proper cleaning of all carpets, upholstery and curtains (if any) belonging to the Landlord that may have been soiled during the Term or which otherwise require cleaning.
Notify Defects to the Landlord
(13) To notify the Landlord promptly and in writing of any items of defect or disrepair in the Premises or the Contents which the Landlord is responsible for repairing.
To Repair on Notice
(14) Upon the Landlord giving the Tenant written notice requiring the Tenant to carry out any repairs or other works for which the Tenant is responsible under the Agreement to carry out the same within one month of the service of such notice or sooner where appropriate and if the Tenant shall fail to comply with such notice then the Landlord may enter upon the Premises with workmen and carry out such repairs or other works at the Tenant's expense.
Rights of entry to inspect for repairs
(15) To permit the Landlord and all other persons authorised by the Landlord with or without workmen and others and with all necessary equipment at all reasonable times (upon giving reasonable notice of their intention to do so except in the case of an emergency) to enter upon the Premises and to examine the condition of the same and the Contents or for the purpose of repairing or decorating the same or to inspect maintain repair alter improve or rebuild any adjoining or neighbouring property or to maintain repair or replace the Contents or for the purpose of complying with any obligations imposed on the Landlord by law.
Not to Void Insurance
(16) Not to do anything whereby the policy of insurance on the Premises or on the Contents may become void or voidable or whereby the rate of premium on any such policy may be increased and to repay to the Landlord all sums from time to time paid by way of increased premium and all expenses incurred by the Landlord in or about any renewal of such policy rendered necessary by a breach of this provision.
Assignment, sub-letting etc.
(17) (a) Not to assign the Tenancy or the Premises.
(b) Not to underlet or part with or share the possession of the Premises and not to permit any person other than the person named as the Tenant or any other person approved of in writing by the Landlord to occupy or reside in the Premises.
(c) Not to take in lodgers or paying guests.
To allow prospective tenants and purchasers to view
(18) To permit the Premises to be viewed at all reasonable times upon previous appointment made by any person who is or is acting on behalf of a prospective purchaser mortgagee or tenant of the Premises and who is authorised by the Landlord.
Unlawful Use Etc.
(19) (a) Not to use the Premises for any illegal or immoral purpose.
(b) Not to store or bring upon the Premises any articles of a specially combustible inflammable or of a dangerous nature.
Nuisance, noise etc.,
(20) (a) Not to do upon or in connection with the Premises anything which shall be or tend to be a nuisance annoyance or cause damage to the Landlord or to any neighbouring or adjoining property or the owners or occupiers thereof.
(b) Not to hold or conduct any auction public meeting or social gathering at the Premises and not to play or use a piano gramophone stereo radio or television or other musical or electrical instrument or other means of reproducing music or sound in such a manner as to cause or be likely to cause any nuisance or annoyance or inconvenience to the occupiers of any neighbouring or adjoining property.
Animals etc.
(21) Not to keep any animals or birds or other pets on the Premises without the prior consent of the Landlord or his Agent.
Use as a private dwelling only
(22) (a) To use the Premises for the purpose of a private residence only and for no other purpose.
(b) Without prejudice to the generality of sub-paragraph (a) not to use the Premises for the purposes of carrying on of any trade business or profession.
Locks
(23) (a) Not to install or change any locks in the Premises without the Landlord's prior consent.
(b) If any lock is installed or changed in the Premises without the Landlord's prior consent then to forthwith remove the same if so required by the Landlord and to make good any resulting damage.
(c) If any lock is installed or changed in the Premises without the Landlords consent to permit the Landlord to enter the Premises to change the same at the Tenant's expense.
(d) To provide the Landlord with a key if any lock is changed at the Premises.
Heaters
(24) Not to keep or use any paraffin heater liquefied petroleum gas heater or portable gas heater in the Premises.
Motor Vehicles
(25) Not to keep or store any vehicle motorcycle or pedal cycle on or in the Premises except in the garage or car parking space belonging thereto (if any) or in such other place as the Landlord may designate or permit.
Alterations and Additions Etc.
(26) (a) Not to make any alterations in or additions to the Premises and not to cut maim or injure any of the walls partitions or timbers of the same.
(b) Not to stop up darken or obstruct any windows or lights belonging to the Premises.
Electrical and Gas system
(27) Not to tamper or interfere with or alter the electrical or gas systems installations or meters in or serving the Premises.
External Aerials etc.
(28) Not to place or exhibit any aerial satellite dish notice advertisement sign or board on the exterior of the Premises or in the interior of the same so as to be visible from the exterior without the prior consent of the Landlord or his Agent.
Draining Down etc.
(29) Before leaving the Premises vacant at any time otherwise than for short periods during the Tenancy to drain down all water supplies in or serving the same and also to ensure that the stop cock is turned off and that the gas and electricity supplies are turned off at the mains.
Maintaining Heat to prevent frost
(30) To take all appropriate precautions including any such as may be required from time to time by the Landlord to prevent damage occurring to any installation in the Premises which may be caused by frost including providing adequate heat, ideally if there is central heating it should be left on a timed low setting to come on twice a day and curtains left closed to retain heat if the Premises are left vacant at any time otherwise than for short periods.
Ventilation
(31)To ensure that all rooms comprised in the Premises are kept properly ventilated.
Protection of the Landlord
(32) Not to assault threaten injure insult or abuse the Landlord or the Landlord's workmen servants or agents or any member of the Landlord's family.
Costs
(33) To pay to the Landlord all costs and expenses incurred by the Landlord (including but not limited to the costs and fees of the Landlord's Solicitors and other professional advisors and also including the Landlord's own reasonable charge for time spent)
(i) in respect of the recovery from the Tenant of any Rent or any other money which is in arrears;
(ii) the enforcement of any of the provisions of this Agreement;
(iii) the service of any notice relating to the breach by the Tenant of any of the Tenant's obligations under this Agreement whether in any case the same shall or shall not result in court proceedings;
(iv) if the Landlord or his Agent is required to call at the Premises by reason of the Tenant losing any key or being locked out for any reason;
(v) if any cheque given to the Landlord's Agent is dishonoured on the first or any subsequent presentation then a charge of £15 per cheque is payable with the replacement payment;
(vi) the replacement of any key or lock in consequence of the Tenant losing any key or if the same is stolen;
(vii) the cost of reconnecting any supply of electricity or gas or water of the Premises or the telephone for the Premises if the same is disconnected by means of non-payment and any account by the Tenant or as a result of any act of omission on the part of the Tenant.
Securing the property
(34) To ensure that at all times when the Premises are vacant then all external doors and windows are properly locked or are otherwise properly secured and that any alarm is activated.
The Garden
(35) (i) To ensure that any garden enjoyed by the Premises is kept in a neat and tidy condition.
(ii) Not to alter the layout or character of the garden (if any) and not to cut down or remove any trees shrubs or plants.
Vermin
(36) If there are any vermin in the Premises to notify the Landlord immediately and to take such steps as may be necessary or as the Landlord or the Local Authority may require to eradicate them.
Post etc.
(37) To forthwith forward to the Landlord or his Agent any post addressed to the Landlord or any notice served at the Premises.
Leaving Vacant
(38) Not to leave the Premises vacant or unoccupied for a period of more than four weeks at any one time without the prior written consent of the Landlord.
To vacate at the end of the Tenancy
(39) To deliver up the Premises and the Contents at the determination of the Tenancy in a clean and tidy condition and in good order and repair and in accordance with the Tenant's agreements and obligations and to deliver all keys to the Premises to the Landlord.
Landlords Obligations
Quiet enjoyment
The Landlord agrees with the Tenant that the Tenant paying the Rent and performing and observing the agreements and obligations on the Tenant's part contained in this Agreement shall peaceably hold and enjoy the Premises during the Tenancy without any interruption by the Landlord or any person rightfully claiming under through or in trust for the Landlord.
It is FURTHER agreed as follows:-
Keys
(1) The Landlord shall be entitled to have and retain keys for the Premises.
Unpaid Accounts
(2) The Landlord shall have the right at the cost of the Tenant to discharge any accounts in respect of Council Tax electricity gas or telephone relating to the Premises for which the Tenant may be wholly or partly liable and which may be in arrear.
Water Charges
(3) The Tenant shall be responsible for paying the water and sewerage charges on the Premises.
Suspension of Rent
(4) If the Premises are destroyed or rendered uninhabitable by fire or other risk against which insurance is effected by the Landlord then Rent shall cease to be payable until the Premises are reinstated and rendered habitable unless the insurance monies are wholly or in part irrecoverable by reasons of any act or default of the Tenant or any person residing in or visiting the Premises.
Tenants Belongings
(5) The parties agree that upon termination of this Tenancy for whatsoever reason the Tenant shall vacate the Property and any personal effects of the Tenant not removed within seven days they may be disposed of by the Landlord or his Agent in any manner he feels appropriate in his absolute discretion and the Tenant shall have no claim against the Landlord or his Agent arising from such disposal.
Service of Notices
(6) The Provisions of Section 196 of the Law of Property Act 1925 (as amended by the Recorded Delivery Service Act 1962) shall apply to any notice authorised or required to be served under this Agreement or under any Act of Parliament relating to the Tenancy.
Landlords Address for Service
The Landlord notifies the Tenant pursuant to Section 48 of the Landlord and Tenant Act 1987 that the address at which notices (including notices in proceedings) may be served upon the Landlord is as stated on the first page of this agreement.
Release of Landlord
If the Landlord shall sell or otherwise transfer the reversion on this Tenancy the Landlord shall be released from all further liabilities or obligations in respect of the Tenancy but without prejudice to any claim for any antecedent breach of the Landlord's obligations under this Agreement.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first hereinbefore written.
SIGNED by the Landlord
SIGNED by the Tenant(s)
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