Residential Assured Shorthold Tenancy Agreement

DRAFT COPY

RESIDENTIAL ASSURED SHORTHOLD TENANCY AGREEMENT

PREMISES:

LANDLORD:

TENANTS:

TERM:A term certain of 12 months from the commencement date

COMMENCEMENT DATE:

RENTAL PERIOD:Weekly

RENT:£TBC per person payable for each rental period or part rental period in advance.

 60% of the normal weekly rent is payable as a retainer from 01 July 2010 until the 31st August 2010. This equates to £TBC per person per week.

 Rent must be paid by standing order, every Friday, one week in advance

 Full rent must be paid from 1st September 2010 until the expiry of the contract on 30 June 2011 or whenever the tenant takes possession of the property, whichever comes sooner.

• If the tenant takes possession of the property prior to 1st September 2010, then full rent is payable by that tenant from the Friday prior to their moving in date.

DEPOSIT:£400 per person to be held by Oakleaf Management (UK) Limited and protected under an insurance-based Tenancy Deposit Protection Scheme in accordance with the Housing Act 2004.

1. The Landlord lets and the Tenant takes the Premises for the Term and at the Rent specified above.
   
2. This tenancy is subject to and the Tenant agrees to be bound by the General Conditions printed overleaf with the amendments and additions to them (if any) set out under the heading overleaf “special tenancy conditions” save that no such amendment or addition shall be of any effect if or insofar as it purports to empower the Landlord to determine this tenancy at any time earlier than six months from the Commencement Date or the Date of this Agreement whichever shall be the later.
   
3. This agreement is intended to give rise to an assured shorthold tenancy as defined in Section 20 of the Housing Act 1988 as amended.
   
4. The Tenant shall pay to the Landlord on the signing of this Agreement the amount of the deposit.
   
5. This tenancy does include the use of the Landlord’s furniture and effects.

DATED: ______

SIGNED:(LANDLORD or AGENT)

SIGNED:(– Tenant)

SIGNED:(– Tenant)

SIGNED:(– Tenant)

SIGNED:(– Tenant)

SIGNED:(– Tenant)NOTES

1. The term must be for a fixed period of not less than twelve months. If the Tenant remains in possession after the expiry of the Term and no new tenancy comes into being, the Tenant becomes entitled to a statutory periodic tenancy which the Landlord can bring to an end after serving on the tenant not less than two months notice stating that the Landlord requires possession of the Premises.
   

GENERAL TENANCY CONDITIONS

1. The Tenant will:

1.1Pay the rent to the Landlord at the times and in the manner specified and will pay interest at the rate of 15 per cent per annum on any rent in arrears for more than fourteen days calculated from the date upon which such rent was due to be paid to the date upon which it is actually paid.

1.2Pay for all charges made for the use of any telephone on the Premises during the Term.

1.3Keep the interior of the Premises during the Term in as good and clean state of repair condition and decoration as the premises are in at the commencement of the Term and make good all damage and breakages to the Premises which may occur during the Term (fair wear and tear and damage by accidental fire excepted).

1.4Not damage or injure the Premises or make any alteration or addition to the Premises.

1.5Permit the Landlord or the Landlord’s employees or agents to enter the Premises at all reasonable times to inspect the same and the Landlord’s furniture and effects therein and to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider to be necessary or undertake viewings with prospective tenants.

1.6Keep clean the windows of the Premises and replace all broken glass.

1.7Not assign, sublet or part with possession of the whole or any part of the Premises.

1.8Not take in any lodger or paying guest without the prior written consent of the Landlord.

1.9Not use the Premises other than for the purposes of a single private dwellinghouse, not carry on or permit to be carried on the Premises any profession, trade or business whatsoever, nor do or suffer to be done in the Premises or elsewhere anything which may be or become a nuisance, annoyance or inconvenience to the Landlord or the tenants or occupiers of any neighbouring premises or which may vitiate any insurance of the Premises or increase the premium for such insurance.

1.10Not fix or suffer to be fixed to the exterior or windows of the Premises any notice board, notice sign or advertisement or poster.

1.11Not without the prior written consent of the Landlord to keep or suffer to be kept in the Premises any cat, dog or other pet.

1.12Ensure that the Premises are secure at all times against unauthorised entry which obligation shall extend (not by way of limitation) to fully locking all doors, windows and activating the burglar alarm (if any).

1.13Keep all electric light and light fittings in good working order and in particular replace all fuses and light bulbs and fluorescent tubes when necessary.

1.14Deliver up the Premises to the landlord at the end of the tenancy in the same good and clean state or repair and condition and decoration as they were at the commencement of the Term (fair wear and tear and damage by accidental fire excepted).

1.15Not smoke on the premises

1.16Be responsible for holding adequate insurance cover to indemnify them from loss, damage or otherwise of their personal effects and items.

1.17Pay an administrative fee of £25 to the Landlord or Agent each time a letter is served upon them by the Landlord or Agent regarding breaches of contract, in particular, non payment of rent. Initial notification of such a situation will normally be by telephone for which no charge is made.

1.18Pay the Landlord all costs and expenses incurred by the Landlord or Agent, including, but not limited to the costs and fees of the landlord’s solicitor and other professional advisors (on an indemnify basis) in respect of the recovery from the tenant of the rent or any monies due from him and the enforcement of the provisions of this Agreement. The Agents professional fees will be charged at a rate of £35 per hour plus disbursements and expenses.

1.19Shall check, sign and date the inventory within 28 days of occupancy, returning one copy to Oakleaf Management (UK) Limited. Failure to comply with this clause will imply full acceptance of the inventory.

FURNITURE

1. If letting includes the use of furniture and effects

2.1The furniture and effects shall be as specified in an inventory signed by the Tenant.

2.2The Tenant will:

2.2.1Not damage or remove from the Premises any of the furniture and effects.

2.2.2Make good all damage and breakages to the furniture and effects, which may occur during the term.

2.2.3Leave the furniture and effects at the end of the Tenancy in the same position as they were in at the commencement of the Term.

2.2.4Clean or pay for the cleaning of all carpets, furniture, linen, Counterpanes, blankets and curtains (if any) included in the letting, which shall have been soiled during the tenancy.

FORFEITURE

1. Provided that if the Rent or any part thereof shall be in arrears for seven days after the same shall have become due whether legally demanded or not, or if there shall be a breach of any of the obligations on the part of the Tenant, the Landlord may re-enter the Premises or any part thereof in the name of the whole, and immediately thereupon the tenancy shall absolutely determine without prejudice to any other rights and remedies of the Landlord.
   

LANDLORD’S OBLIGATIONS

4.1The Landlord agrees with the Tenant that the Tenant paying the rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the Premises during the Tenancy without any lawful interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord.

4.2The Landlord agrees to insure the Premises with a reputable company and to keep the same insured during the period of the tenancy against loss or damage by fire and other such risks as the landlord in his absolute discretion deems necessary.

4.3The Landlord agrees to keep in repair and proper working order the installations in the Property for the supply of water, gas and electric, and any mechanical and electrical items provided by the Landlord provided that this agreement shall not be construed as requiring the Landlord to carry out works which the Tenant is liable by virtue of his duty to use the premises and the furniture, fittings and effects in a reasonable and careful manner, and provided further that the Tenant shall indemnify the Landlord in respect of the cost of the repair to such installations or items resulting from misuse of the same howsoever and by whomsoever caused.

4.4Pay for all water and sewage rates supplied to the premises during the term.

4.5Pay for all reasonable gas and electricity usage consumed on or supplied to the premises during the term (during the period the house is occupied). Inclusive electricity and gas are subject to the following limits:

• Electricity – 5000 KWh per annum
• Gas – 30,000 KWh per annum
  

Usage above these levels will incur the following costs:

• Electricity – 17.85 pence per additional KWh
• Gas – 4.65 pence per additional KWh

All prices are inclusive of VAT

MISCELLANEOUS

5.1If the Premises comprise part only of a building the letting shall include the use (in common with others) of access ways to and from the Premises inside the building.

5.2“Premises” in these conditions includes the Landlord’s fixtures and fittings therein.

5.3If a deposit is paid it shall be retained by the Landlord as security for performance of the Tenant’s obligations and shall be repayable to the Tenant within 28 days only after the end of the tenancy and then without interest and after deduction therefrom of any sums required to compensate the Landlord whether wholly or in part for any breach of obligation on the Tenant’s part.

5.4If two or more persons are together the Tenant, their obligations to the Landlord shall be joint and several.

5.5References to masculine gender include the feminine; to the singular plural’ and to “month” mean calendar month.

SPECIAL TENANCY CONDITIONS

6There shall be incorporated into this Agreement, such of the provisions set out below in this condition 6 as both the Landlord and the Tenant shall have initialled in the margin against those provisions, but otherwise these provisions do not form part of this Agreement.

6.1The Landlord may bring this tenancy to an end at any time before the expiry of the term (but not earlier than six months from the commencement date or the date of this Agreement whichever shall be the later) by giving to the Tenant not less than two months written notice stating that the Landlord requires possession of the Premises.

6.2The Landlord hereby gives the Tenant notice that possession of the premises might be recovered on Ground 2 or Part I of Schedule 2 to the Housing Act 1988, namely that if, as the Premises are subject to a mortgage granted before the Tenancy, the mortgagee should become entitled to exercise a power of sale and should require possession of the Premises for the purposes of disposing of it with vacant possession in exercise of that power.

6.3In exceptional circumstances, the notice period may be waived or amended and/or terminated before the expiry of the contract with the joint agreement of the Landlord and Tenant. Normally special conditions will apply. The tenant will be required to locate a suitable replacement to the satisfaction of the Landlord. An administrative fee of £85 plus disbursements and expenses will be charged for this facility.