ASSURED SHORTHOLD TENANCY (Tenants’s copy)
Particulars
DateLandlords / Brian Hill and Susan Hill
5 Aykley Vale
Durham
DH1 5WA
0191 386 2276
07866 791 584
Tenants / 1
2
3
4
Property
Term / 12 months from and including the Commencement Date
Commencement Date / 1st day of July 20xx
Rent / £xxxx.00 per month (£xxx per tenant) payable monthly in advance on the Rent Payment Date
Rent Payment Date / 27th day of June 20xx and the same day in each calendar month thereafter
Deposit / £750.00 (£250 per tenant) to be held in accordance with the terms set out in clause 7
Furniture and Effects / The items of furniture and other household effects which are in the Property and detailed on the inventory which will be signed by the parties on the commencement date or at an agreed date thereafter
THIS AGREEMENT is made on the date specified in the particulars between
- the Landlord and (where the context admits) the persons deriving title under the Landlord
- the Tenant and (where the context admits) the persons deriving title under the Tenant
WHEREBY IT IS AGREED as follows: -
Letting
1.The Landlord lets to the Tenant and the Tenant agrees to take the Property for the Term commencing on the Commencement Date on the terms of this Agreement
Statutory provisions
2.This Agreement creates an Assured Shorthold Tenancy under The Housing Act 1988 Section 19A (as inserted by the Housing Act 1996 Section 96(1)
Definitions and Interpretation
3.In this agreement:-
3.1“the Particulars” mean the particulars sheet set out at the beginning of this agreement
3.2the expressions set out in the Particulars shall have the meanings ascribed to them
3.3“this Agreement” means this agreement and all documents supplemental to it
3.4The singular includes the plural and vice versa
3.5Any obligation undertaken by more than one person is a joint and several obligation
3.6A reference to any one gender includes the other and the neuter
3.7A reference to a statute includes a reference to any statutory material amending or replacing it and any subordinate legislation made under it
3.8The headings are for guidance only and do not affect the meaning of this Agreement
Tenants obligations
4The Tenant agrees with the landlord as follows –
To pay the rent
4.1to pay the Rent by equal monthly instalments in advance on or before the Rent Payment Day clear of all deductions for each calendar month of the tenancy all such payments being made by way of standing order to the bank account of the Landlord
To pay for services
4.2To pay or indemnify the Landlord against
4.2.1all charges for gas & electric which shall be consumed or supplied on or to the Property during the tenancy and to pay for all charges made for the use or maintenance of the telephone (outside of the inclusive allowance) and to pay for any council tax that is liable.
4.2.2and to pay all Licence fees for any televisions on the Property
Maintenance of the Property
4.3.1 The Tenant will:
4.3.1.1Use the Property and the Contents carefully and properly and will not damage them,
4.3.1.2Take proper precautions to prevent the escape of water from the Property and have any leaks or overflows repaired immediately
4.3.1.3Not bring dangerous substances onto the Property or do anything which may invalidate the insurance of the Property or the Contents or entitle the insurers to refuse to pay out policy monies or to increase the insurance premiums
4.3.2 Keep the inside of the Property in as good condition as at the date of this Tenancy Agreement, but if the Tenant complies with clause 4.3.1 the Tenant will not be responsible for fair wear and tear cause by normal use or for damage by risks insured under clause 5.3
4.3.3Not use any form of adhesive or nails or pins or ‘blue tac’ (or similar) on the structure of the property
4.3.4Pay for or replace:
Broken glass,
Any Contents which are damaged, destroyed or lost, and
Any components of gas, electrical, heating or other appliances which become defective due to misuse,
But if the Tenant complies with clauses 4.3.1, the Tenant will not be responsible for damage by risks insured under clause 5.3
4.3.5Repay to the Landlord all costs charges and expenses incurred by the Landlord in repairing and renewing and reinstating any part of the Property so far as such repair renewal or reinstatement shall have been necessary or contributed to or by any act of neglect or default of the Tenancy or any person under the Tenant's control
4.3.6Maintain the garden in a proper manner
4.3.7Not permit smoking in the property. Any damage to any property caused by the effects of smoking will result in the damaged property being replaced and the cost deducted from the deposit. There will also be an additional charge for cleaning the property to remove smoke smell and staining.
4.3.8Not allow rubbish to accumulate in the house or garden.
Yielding up
4.4at the expiration or sooner determination of the Term to quietly yield up to the Landlord the Property and the Furniture and Effects so repaired cleansed maintained and kept as herein provided together with all additions and improvements made thereto in the meantime and all fixtures in or upon or which during the Term may be placed in or upon the same
Permit the Landlord Entry
4.5.1on receipt of twenty-four hours notice to permit the Landlord with or without workmen and others at all reasonable times during the tenancy to enter the Property for the purpose of repairing and painting the outside thereof or of carrying out and completing any structural or other necessary or proper repairs
4.5.2on receipt of twenty-four hours notice to permit the Landlord to enter for the further purpose of examining (without interruption) the state and condition of the interior of the Property and of the Furniture and Effects
4.5.3to permit the Landlord to give to the Tenant notice in writing of all wants or repairs cleansings amendments and restorations to the interior of the Property then found and of all such destruction loss breakage or damage of or to the Furniture and Effects as the Tenant shall be bound to make good then found and by such notice to require the Tenant to repair cleanse mend and restore or make good the same respectively within one month (or sooner if appropriate) then next following within which time the Tenant shall repair cleanse mend and restore or make good the same accordingly
Not to Assign
4.6not assign underlet charge part with or share possession or occupation of the Property or any part thereof or occupy or hold the Property or any part thereof as trustee or agent or otherwise for the benefit of any other person firm partnership or company
Residential Use
4.7not carry on or permit to be carried on upon the Property any profession trade or business whatsoever but to use the same as a private domestic residence in the sole occupation of the Tenant only
Not to invalidate landlords Insurance
4.8not bring or permit to be brought onto the Property or place or store or permit to be stored or placed or to remain in or about the Property any article or thing which is dangerous combustible inflammable radio active toxic corrosive or explosive including paraffin bottled gas or other similar heating apparatus and not to carry on or do or permit to be carried on or done thereon any hazardous act in consequence of which the Landlord or any Superior Landlord would or might be prevented from insuring the Property or any adjoining or neighbouring property for the time being owned by the Landlord or whereby any insurance policy effected in respect thereof would or might be vitiated or prejudiced
4.9to advise the Landlord in advance if the property is to be left unoccupied for a period exceeding 30 days
Co-operation with sale or reletting
4.10permit a notice to be affixed to the front of the Property intimating that the same are to be let or sold and permit persons with written authority from the Landlord to view the same without interruption during reasonable hours
No animals
4.11not without the Landlords written consent to keep bring or permit to be brought or kept any pet animal reptile or livestock in or on the Property
Not to cause nuisance
4.12not to do or allow to be done on or near the property anything which may cause nuisance or annoyance to the Landlord or to any person residing or visiting or carrying out a lawful activity in the locality of the Property (including by way of example and not limitation the playing of any musical instrument television radio or other electrical mechanical sound reproducing apparatus or other device that shall be audible on the outside of the Property)
Landlords expenses
4.13to promptly pay to the Landlord for: -
4.13.1any bank fee interest or charge or debt collectors fee or agent's fee interest or charge in relation to any late payment returned cheque or failed payments of any nature howsoever caused
4.13.2interest at 8% per annum on any rent or other payments due hereunder in arrears for more than seven days after the same shall have become due whether legally demanded or not
End of Tenancy
4.14At the expiry of the tenancy created by this Agreement:-
4.14.1to ensure that proper arrangements have been made for the payment of all accounts for electricity telephone service gas water rates community charges or any other charges as shall be the responsibility of the Tenant as hereinbefore provided and to ensure that all of the appropriate bodies are informed in writing of the new address of the Tenant
4.14.2to immediately remove all personal effects refuse and other articles as shall belong to the Tenant from the Property which said personal effects refuse and other articles shall if not so removed be considered to be abandoned and of no value and
4.14.3in the event of the Tenant failing to remove such personal effects refuse and other articles as shall belong to the Tenant pay for the professional removal storage and disposal of all such effects refuse and any other articles as shall belong to the Tenant by tradesmen as shall be approved of or arranged by the Landlord and pay for all of the Landlord's charges and handling fees for arranging such removal storage or disposal as aforesaid
4.14.4in the event of the Property needing cleaning to pay for the cost of cleaning the Property
Landlords obligations
5.1The Landlord will give the Tenant exclusive uninterrupted occupation of the Property, together with the exclusive use of the Contents, during the Tenancy Period for as long as the Tenant complies with the Tenant’s Obligations under the Tenancy Agreement.
5.2The Landlord will maintain in good condition:
5.2.1The outside of the Property,
5.2.2 The main structure of the Property, and
5.2.3 The fixed gas, electrical and heating appliances in the Property,
But this does not include remedying any damage caused by the Tenant unless the cost is met by insurance under clause 5.3
5.3The Landlord will:
5.3.1Arrange for the Property and the Contents (but not the Tenant’s possessions) to be insured under comprehensive insurance policies,
5.3.2Use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as practicable, and
5.3.3Refund to the Tenant any Rent paid for any period in which the Property is uninhabitable or inaccessible as a result of such damage, any dispute as to the refund to be decided by arbitration,
But 5.3.2 and 5.3.3 will not apply if the insurers refuse to pay out the policy monies because of anything the Tenant has done or failed to do.
Agreed matters
The following matters are agreed between the Landlord and the Tenant :-
Forfeiture
6.1.1if the rent or any instalment or part thereof shall be in arrears or unpaid for at least seven days after the same shall have been due (whether legally demanded or not) or
6.1.2in the event of any breach of any of the agreements on the part of the Tenant
the Landlord or his Agent may re-enter on the Property and immediately thereupon the tenancy shall absolutely terminate without prejudice to the other remedies of the Landlord
Quiet Possession
6.2.The Tenant paying the rent and performing the covenants on the part of the Tenant may quietly possess and enjoy the Property during the tenancy without any lawful interruption from the Landlord or any person claiming or in trust for the Landlord
Address of Landlord
6.3.This clause is notice to the Tenant for the purposes of Section 48 of the Landlord and Tenant Act 1987 that the Landlords address the service by the Tenant of notices under this agreement (including a notice in proceedings) is the landlords address set out in the particulars
The Deposit
The Following terms relate to the Deposit:-
7the Deposit shall be managed in according with current legislation and will be placed with the “Deposit Protection Service”. Full details can be found on the website
8The Guarantor’s obligations
The Guarantor identified in Schedule A agrees with the Landlord that the Tenant shall pay the Rent and observe and perform the obligations on the part of the Tenant and the other terms of this Agreement and to indemnify fully the Landlord against any failure by the Tenant to do so PROVIDED THAT:
8.1the Guarantor’s obligations are made with the Landlord as a sole or principal debtor or contracting party; and
8.2the Guarantor’s liability to the Landlord shall not be affected by any time or indulgence granted by the Landlord to the Tenant
9Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999,and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
AS WITNESS the hands of the parties hereto the day and year first above written
Signed by the Landlords:
in the presence of :-
witness / Witness signatureWitness name
Witness address
Witness occupation
Signed by the Tenants:
Tenant 1 signature:
in the presence of :-
witness / Witness signatureWitness name
Witness address
Witness occupation
Tenant 2 signature:
in the presence of :-
witness / Witness signatureWitness name
Witness address
Witness occupation
Tenant 3 signature:
in the presence of :-
witness / Witness signatureWitness name
Witness address
Witness occupation
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ASSURED SHORTHOLD TENANCY (Tenants’s copy)
______Assured Shorthold Tenancy (Tenant’s copy) Page 1 of 10