Professional Documents
Culture Documents
TF AST V2 June 2016
TF AST V2 June 2016
TENANCY AGREEMENT
This document should not be used to create a tenancy where the initial fixed term is to be for more than three years; you should
consult a Solicitor, as such an agreement must be created by Deed.
IMPORTANT
This agreement contains the terms and obligations of the tenancy. It sets out the promises made by the Landlord to
the Tenant and by the Tenant to the Landlord. These promises will be legally binding once the agreement has been
signed by both parties and then dated. You should read it carefully to ensure it contains everything you want and
nothing that you are not prepared to agree to. Whilst every attempt has been made to compose this agreement using
plain and intelligible language, it inevitably contains some legal terms of references.
In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
“The Landlord” includes the persons who during the period of the tenancy have a legal interest in the property
Any reference to the giving of consent by the Landlord requires the consent to be given in writing, signed by the
Landlord.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the
singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Any obligation in this agreement on a person not to do something includes an obligation not to agree or allow that
thing to be done.
“The Tenant” includes those who might inherit the tenancy. Whenever there is more than one Tenant all covenants
and obligations can be enforced against all of the Tenants jointly and against each individually. This means that any
one of the members of a joint tenancy can be held responsible for the full rent and other obligations under the
agreement if the other members do not fulfil their obligations.
If either party does not understand this agreement, or anything in it, it is strongly suggested you ask for an
explanation before signing it. You might consider consulting a Solicitor, Citizens Advice Bureau or Housing Advice
Centre.
The Name and Address of the Letting Agent who arranged this tenancy is:-
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1.1 Insert Here, (only after this agreement has been signed by, or on behalf of, both Parties) the binding DATE of this contract
1.3 ADDRESS for Landlord(s) in the world (to comply with s48 Landlord and Tenant Act 1987) :
IMPORTANT: - A Landlord is required by law (for the purpose of sections 47 and 48 Landlord & Tenant Act 1987) to provide a Tenant with his address when
making written demands for rent and if that address is not in England and Wales, provide an address in England and Wales at which notices (including notices
in proceedings) may be sent to or served on the Landlord, by the Tenant.
THEREFORE, Where the address for the Landlord inserted at 1.3 is not in England and Wales you must insert, in clause 1.4 an alternative address for the
Landlord (for the purpose of sections 47 and 48 Landlord & Tenant Act 1987), which is in England and Wales.
N/A
1.6 GUARANTOR(S)
The following person has agreed to act as guarantor of this tenancy (and any Extension) and be responsible to the Landlord for any loss, damage, costs or
other expenses (including rent) arising out of the Tenants breach of, or failure to comply with, the obligations and responsibilities of this agreement.
N/A
1.8 EXCLUSIONS from the Let Premises (e.g. Garage or other outbuilding etc)
N/A
1.10 RENT
£950.00 per calendar month
13th
Rent is payable in advance and is due upon the day of each rental period
and the first payment (or proportionate part) is to be made on or before the signing of this agreement.
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Interest
1.13 Any interest earned on the deposit will belong to the Landlord
1.14 The deposit has been taken and will be held and dealt with according to the terms and conditions of the Deposit Protection Service.
1.15 The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses 1.14 above.
2. INVENTORY
2.1 The Landlord will procure that the inventory is prepared on or before the Tenant takes possession of the Premises. A copy of the inventory shall be
provided to the Tenant and the Tenant shall be presumed to have agreed the content thereof unless he notifies the Landlord within seven days of
receipt of such a copy of any matters which he disagrees.
2.2 The Tenant will be responsible for the full cost of the 'Tenancy Check Out'.
3.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least one month’s written notice.
3.2 While the tenancy is periodic, the one months written notice must expire the day before a rent due date.
3.3 The notice, if given after a monthly due date, will apply from the next monthly rent due date as one months written notice. Accordingly we advise
notice is served the day before any forthcoming rent due date.
4. TENANT’S OBLIGATIONS
PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must or must not
do. If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from
the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction.
4.1 To be responsible and liable for all obligations under this tenancy and where the Tenant is more than one person, such liability shall be joint and
several (this means, for example, that each individual will be liable for all sums due under the agreement, not just liable for a proportionate part)
4.2 To pay the rent, whether formally demanded or not, and all other sums due to the Landlord on time. Payments by other persons on behalf of the
Tenants will be considered as if payments from the Tenants. The Landlord reserves the right to charge interest (calculated from day to day) at 3%
over the Bank of England base rate on late payments that are in arrears more than 14 days after the day the payment was due.
4.4 To be held liable for the proper net costs incurred by the Landlord in carrying out repair and maintenance to the Premises or its fixtures or fittings
where such action is required as a result of negligence, or significant breach of this agreement, or misuse, by the Tenant or his invited guests or
visitors.
4.5 To be responsible for payment of Council Tax (or any other similar charge replacing the Council Tax) during the tenancy in respect of the Premises
or, if the Landlord pays it, to reimburse the Landlord.
4.6 To be responsible for payment of all associated charges in respect of the use and supply at the Premises during the tenancy of any telephone
service, of electricity, gas, oil and any other relevant fuels, water and environmental services etc.
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4.8 To notify, at commencement of the tenancy, the local authority responsible for the collections of Council Tax and the suppliers of such services or
utilities of the Tenant’s liability for their charges and to have all such accounts transferred into the Tenant’s name for the duration of the tenancy.
4.9 Where the Tenant allows, either by default of payment or by specific instruction, the utility or other services to be cut off, either during, or at the
end of the tenancy, to pay or be liable to pay, the costs associated with reconnecting or resuming those services.
4.10 Not to tamper, interfere with, alter or add to the gas, water or electrical installations or meters, either in or serving the Premises.
4.11 Not to have or allow a key meter to be installed or any other meter which is operated by the insertion of coins, or a pre-paid card, or key, without
the prior consent of the Landlord which will not be unreasonably withheld. (In order to avoid misunderstanding or disputes later, it is strongly
recommended that the Tenant obtain confirmation in writing of any such consent granted.) The Landlord reserves the right to withdraw, for
reasonable grounds and upon reasonable notice, any such consent previously given.
4.12 Not to change the supplier of the domestic utilities or services referred to in the above clauses without the prior consent of the Landlord. Such
consent will not be unreasonably withheld. Where such consent is given, the Tenant will notify the Landlord and provide the name of the new
supplier. (In order to avoid misunderstanding or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any
such consent granted.) The Landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent
previously given.
4.13 Not to change or transfer any existing telephone number at the Premises without the prior consent of the Landlord. Such consent will not be
unreasonably withheld. Where such consent is given, the Tenant shall promptly provide the Landlord with the details of the new number and, at the
request of the Landlord pay the telephone companies reasonable standard costs of storing the Landlord’s number for re-use at the end of the
tenancy. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any
such consent granted.)
4.14 If the Tenant brings into the premise any gas appliance(s), he must ensure they are safe to use and are properly connected to the appropriate pipe
work in the Premises by a suitably qualified Gas Safe engineer and to immediately stop using and remove any such gas appliance which is, or
becomes known to be, unsafe or dangerous to either the occupants or the Premises.
4.15 Where the Tenant is notified prior to commencement of the tenancy, in writing or by the provision of copy documents, of any agreements or
restrictions contained in any superior or head lease affecting the Premises which may bind the Landlord (and his Tenant) in the use or occupation of
the Premises not to break such agreements or restrictions
4.16 Not to use the Premises, or knowingly allow it to be used, for illegal or immoral purposes and that includes the use of any illegal Drugs which are or
become prohibited or restricted by statute.
4.17 For the duration of the tenancy, to pay the appropriate terrestrial television licence fee, cable television or satellite television charges (if any) for
the use of any television, or associated broadcast receiving equipment (if any) on the Premises.
4.18 To use the Premises only as a single private residence for the occupation of the Tenant and not to carry on any formal or registered trade, business
or profession there.
4.19 Not to sublet, take in lodgers or paying guests relating either to the whole or part or parts of the Premises without the Landlord’s prior consent. (In
order to avoid misunderstanding or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any such consent
granted.) The Landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.
4.20 Not to assign the tenancy of the Premises or any part of it without the Landlord’s prior consent, which will not be unreasonably withheld and not to
charge all or part of the Premises. (In order to avoid misunderstanding or dispute later, it is strongly recommended that the Tenant obtain
confirmation in writing of any such consent granted.) The Tenant will be liable for the reasonable fees and expenses incurred by the Landlord in
arranging any assignment granted.
4.21 To forward post received for the Landlord for a period of 14 days after commencement of the tenancy to the Landlord.
4.22 As quickly as is practical after receipt, to send to the Landlord any formal or legal notice or orders or other similar documents delivered to the
Premises by a third party which relates to, or might significantly affect, the Premises, its boundaries or adjacent properties.
4.23 To pay, unless a court orders otherwise, the Landlord's reasonable legal costs and expenses (including VAT) properly incurred in enforcing this
agreement.
4.24 To reimburse the Landlord any sums which the Landlord is required to repay to the local authority in respect of Housing Benefit which has been
paid direct to the Landlord on behalf of the Tenant, and accepted in good faith, but is subsequently shown to have been paid incorrectly or as a
result of fraud, error or ineligibility of the Tenant.
Insurance
(For the avoidance of doubt, the Tenant’s belongings, furnishing or equipment within the Premises are his and are not covered by any insurance
policy maintained by the Landlord)
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4.26 Not to deliberately do anything, and to take reasonable and prudent steps not to allow anything to be done by invited guests or visitors, which
leads to devastation, harm or ruin of the Premises or its contents or could prejudice the terms of the Landlord’s insurance cover.
4.27 To reimburse the Landlord for any excess sum, up to a maximum of £100, payable under the Landlord insurance policy for each and any claim on
the Landlord policy resulting from any action or inaction on the part of the Tenant, his invited visitors or guests in breach of this agreement.
4.28 The tenant should consider whether they wish to obtain contents insurance.
4.29 Before leaving the Premises empty or unoccupied for any continuous period in excess of 21 days, to notify the Landlord in writing in advance and to
co-operate and comply (and where reasonable bear the proper costs of such compliance) with any reasonable requirements or conditions of the
Landlord’s insurer arising from such period of non-occupation.
4.30 Not to change any burglar alarm codes (if any) without the prior consent of the Landlord. Such consent will not be unreasonably withheld. Where
such consent is given, to promptly provide the Landlord with the relevant new code. (In order to avoid misunderstanding or disputes later, it is
strongly recommended that the Tenant obtain confirmation in writing of any such consent granted.)
4.31 Not to change, alter, add to or otherwise damage any locks or bolts on the Premises (except in the case of an emergency) without the prior consent
of the Landlord. Such consent will not be unreasonably withheld. (In order to avoid misunderstanding or disputes later, it is strongly recommended
that the Tenant obtain confirmation in writing of any such consent granted.) Where any new or additional locks or bolts are fitted to the property,
to promptly provide the Landlord with an appropriate set of keys.
4.32 If any lock or bolt is installed or changed on or in the Premises without the prior consent of the Landlord, to remove them on request and, if so
required by Landlord, to be responsible for the fair costs of making good any resultant damage to the Premises or spoilage of decoration.
4.33 To take adequate precautions to keep the Premises, including its external doors and windows, locked and secure, and any burglar alarm set, when
the Premises are empty.
4.34 During the tenancy, to take such reasonable precautions expected of a householder to keep the Premises free of infestation by vermin, rodents or
animal fleas. Where such infestation occurs as the result of action or inaction on behalf of the Tenant, to be responsible for the appropriate costs in
fumigating and cleaning any affected parts appropriate and for rectifying and or removing the causes of such an infestation.
Garden
4.35 Not to dig up, or cut down, any trees, shrubs, or bushes or timber (if any), except with the Landlord’s prior consent. (In order to avoid
misunderstandings or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any such consent granted.)
4.36 To cut the grass (if any) of the Premises with an appropriate garden mower as necessary from time to time to keep the grass in, or bring about, a
neat and tidy condition. Furthermore, to keep the patio areas (if any), paths, garden areas, lawns, flower beds, shrubs or bushes and borders (if any)
as tidy, weed free and cultivated, as at commencement of the tenancy.
4.37 To take reasonable and proper care in the use of the Premises, its fixtures and fittings and not to deliberately damage or alter the Premises, its
décor, fixtures and fittings internally or externally.
4.38 To clean or have cleaned both internally and externally all reasonably accessible windows of the Premises as necessary during the tenancy, and
within one month prior to the end of the tenancy.
4.39 Where the Tenant, his invited guests or visitors are responsible by any action for any cracked or broken windows or door glass on the Premises, to
promptly repair or replace such glass like-for-like at its own cost.
4.40 To take care not to cause an overload of the electrical circuits by the inappropriate use of multi socket electrical adaptors or extension cables when
connecting appliances to the mains electric system.
4.41 To take care to replace or have replaced appropriately, light bulbs, fluorescent tubes, fuses etc. as and when necessary during the tenancy and to
ensure that all light bulbs, fluorescent tubes, fuses are in place and in working order at the end of the tenancy.
4.42 To test every month any battery operated smoke alarms or carbon monoxide detectors fitted in the Premises and replace any battery in an alarm,
which is found not to be working. If the alarm is not working after the fitting of a new battery, to promptly inform the Landlord.
4.43 The Tenant agrees not to cause blockage to the drains and pipes gutters and channels in or about the Premises and in the event of such blockage
the Tenant will promptly and at its own cost correct such blockage.
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4.44 Not to alter the appearance or decoration or structure of the Premises or its fixture or fittings either internally or externally without first obtaining
the prior consent of the Landlord. Such consent will not be unreasonably withheld. (In order to avoid misunderstanding or disputes later, it is
strongly recommended that the Tenant obtain confirmation in writing of any such consent granted.)
4.45 To take care not to put, or allow to be put, any damaging oil, grease or other harmful or corrosive substances into the washing or sanitary
appliances or drains within the Premises
4.46 To notify the Landlord as immediately as is practicable of any defect, damage or disrepair which develops or occurs at the Premises which might be,
or might reasonably be expected to become, a hazard or danger to life or limb or to the fabric of the Premises itself. The Tenant must not carry out
or authorise repairs himself except to take reasonable steps in an emergency to restrict or diminish such immediate dangers or damage.
4.47 Not to keep on, or bring into the Premises, any inflammable or other material or equipment (apart from properly stored fuel or similar material in
quantities appropriate for normal domestic use) which might be, or might reasonably be considered to be a fire hazard, or otherwise dangerous to
the Premises or the health of its occupants or of the neighbours.
4.48 To take all reasonable precautions to prevent damage occurring to any pipes or other installations to the property that may be caused by frost,
provided the pipes and other installations are kept adequately insulated by the landlord.
4.49 Not to place or fix any aerial, satellite dish, or notice or advertisement or board onto the Premises (either externally or internally) without first
obtaining the prior consent of the Landlord. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later,
it is strongly recommended that the Tenant obtain confirmation in writing of any such consent granted.) Where granted, the Tenant will meet all
costs of installation and subsequent removal and the reasonable costs of making good of any resultant damage or redecoration if so required by the
Landlord. The Landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.
4.50 Not to do anything at the Premises (including the playing of excessively loud music) which is a nuisance or annoyance or causes damage to the
Premises or adjacent or adjoining Premises or neighbours or might be reasonably considered to be anti-social behaviour.
4.51 Not to remove from the Premises any of the Landlord’s fixtures or fittings, or to store them in a loft, basement, garage or outbuildings (if any)
without obtaining the prior consent of the Landlord. (In order to avoid misunderstanding or disputes later, it is strongly recommended that the
Tenant obtain confirmation in writing of any such consent granted.) Where such consent is granted, to ensure that any such items are stored safely
without damage or deterioration and at the end of the tenancy are returned, within reason, to the same places from which they were removed.
4.52 Not to fix or hang, any posters, pictures, photographs or ornaments to the walls or ceiling or woodwork with nails, glue, sticky tape, blu-tac or
similar adhesive fixings other than solely with a reasonable number of commercially made picture hooks appropriate for the purpose and to make
good at the end of the tenancy any unreasonable damage or marks or holes caused by such fixings or their removal.
4.53 Not to store or keep on the Premises or any communal car park, any boat, caravan or commercial van without the prior consent of the Landlord. (In
order to avoid any misunderstandings or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any such
consent granted.) The Landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously
given.
4.54 Not to repair cars, motorcycles, vans or any other commercial vehicles at the Premises, apart from general maintenance, from time to time, to a
vehicle of which the Tenant is the registered keeper and has a valid MOT.
4.55 To take reasonable and prudent steps to adequately heat and ventilate the Premises in order to prevent condensation. Where such condensation
may occur, to take care to promptly wipe down and clean surfaces as required from time to time to stop the build up of mould growth or damage to
the Premises, its fixtures and fittings.
4.56 The Tenant shall comply, within a reasonable time and being not more than four weeks other than where reasonable in exceptional circumstances,
with any notice from the Landlord advising the Tenant of the need to attend to any items of repair or maintenance for which the Tenant is
responsible. Where the Tenant fails to comply with such notice, the Landlord shall be permitted to enter the Property upon giving at least 24 hours
notice in writing (except in an emergency) with or without workmen to carry out such repair and maintenance and the proper costs incurred by the
Landlord with regards such repair and maintenance shall be repayable on demand by the Tenant.
4.57 During the last two months of the tenancy, upon a minimum of 24 hours prior written notification, to permit the Premises to be viewed during
working hours and at other reasonable times including at weekends by perspective Tenants or purchasers who are authorised to do so by the
Landlord. Except where mutually agreed otherwise with the Tenant, the Landlord will be present at these viewing appointments.
4.58 During the last two months of the tenancy to permit, at the discretion of the Landlord, a For Sale and/or To Let board to be displayed on the
Premises (including being attached to the exterior of the Premises).
4.59 In order to comply with the requirements of the Party Walls etc. Act 1996 (but only upon appropriate formal written notice), to permit the owner of
a neighbouring property, or their authorised work man or their professional advisors, access to the Landlord’s property in order to carry out any
work required to the Premises, or their neighbouring property under the Party walls etc. Act 1996.
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4.61 To accept normal contractor’s response times and reasonableness of time period required to affect a repair, including allowing a reasonable time to
obtain spare parts.
PLEASE NOTE: The Tenant has no right to re- enter the Premises for any reason after the end of the tenancy without the expressed consent of
the Landlord.
4.62 To clean to (or pay for the cleaning to) a good standard, the Premises, its fixtures and fittings, including the cleaning of any carpets, curtains
(including net curtains), blankets, bedding, upholstery etc. which have become soiled, stained or marked during the tenancy. To provide, upon
request, receipts to the Landlord to demonstrate compliance with this clause.
4.63 To remove all the Tenant’s refuse and rubbish from within the Premises and to ensure that it is stored outside in proper receptacles and, where
appropriate, make arrangements with the local authority or others for its prompt removal at the expense of the Tenant.
4.64 To return all the keys to the Premises, (including any new or additional duplicate keys cut during the tenancy) to the Landlord promptly on the last
day of the tenancy. The Tenant also agrees to pay for any reasonable charges incurred by the agent in securing the property against re-entry where
keys are not returned.
4.65 Having replaced the Landlord’s items in the same areas of the Premises (as far as is practicable) as at commencement of the tenancy, to co-operate
in the checking of any Inventory and or Schedule of condition.
4.66 To remove all the Tenants belongings, or property, or personal effects, or foodstuffs, or furnishings and equipment from the Premises on, or before,
the last day of tenancy. The Tenant will be responsible for meeting all reasonable removal and/or storage charges when items are left in the
Premises. The Landlord will remove and store them for a maximum of one month. The Landlord will notify the tenant at the last known address of
the items left at the Premises. If the items are not collected within one month from the date of such notice, the Landlord may dispose of the items
and the Tenant will be liable for the reasonable costs of disposal. The costs may be deducted from any sale proceeds or the deposit and if there are
any costs remaining they will remain the Tenant's liability.
4.67 To promptly provide as soon as is practicable just before or immediately at the end of the tenancy a forwarding or correspondence address to the
Landlord; for the ease of administration and communication between the parties, including the processes involved in the return of the deposit.
Landlord’s Obligations
PLEASE NOTE: These are things that the Landlord agrees to do or not to do. If the Landlord breaks or does not comply with any of his obligations
in this agreement or of his statutory obligations, the Tenant may be entitled to claim damages or compensation from the Landlord, or to seek
other legal remedies against the Landlord. The Landlord agrees to the following:
4.68 To keep the Premises and the Landlord contents (if any) insured for such sums and on such terms as the Landlord feels appropriate against fire and
other risks normally covered by a comprehensive household policy and any other such risks as the Landlord considers necessary from time to time.
4.69 Not to interrupt or interfere with the Tenants lawful occupation, enjoyment or use of the Premises other than in an emergency or in the normal and
lawful process of exercising or implementing the Landlord rights and obligations under this agreement and having provided at least a minimum of
24 hours prior written notification.
4.70 To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the Landlord to repair the
structure and exterior (including drain, gutters and external pipes) of the Premises; to keep in repair and proper working order the installations in
the Premises for supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other
fixtures, fittings and appliances for making use of water, gas and electricity); to keep in repair and proper working order the installations in the
Premises for space heating and heating water. In determining the standard of repair required by the Landlord under this clause, regard shall be had
to the age, character and prospective life of the Premises and the locality in which it is situated.
4.71 Where the Landlord supplies a working burglar alarm with the Premises at commencement of the tenancy; to keep it in working order and repair,
but only where such a repair is not caused by negligence or mis-use by the Tenant, his invited guests or visitors.
4.72 To take reasonable steps to ensure that the Landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the
Premises for which he is responsible are safe, in proper working order and in repair both at the commencement of, and during the tenancy, as may
be necessary from time to time in order to comply with the Landlord obligations under the Gas Safety (Installation and Use) regulations 1998, the
electrical equipment (safety) regulations 1994, the plugs and sockets etc, (safety) Regulations 1994.
4.73 The Landlord confirms that he is the sole or joint owner of the leasehold or freehold interest in the Premises and that all appropriate consents
necessary for him to sign this agreement have been obtained.
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5.2 The Contract (Rights of Third Parties) Act 1999 does not apply to this agreement.
5.3 This agreement is subject to all laws and statutes affecting assured shorthold tenancies. If a court decides that some part of the agreement is invalid
or unenforceable, the rest of the agreement will still be valid and binding on all parties.
5.4 In accordance with section 196 of the Law of Property act 1925 as amended by the Recorded Delivery Service Act 1962; if the Landlord delivers a
Notice or document (and retains reasonable evidence of that delivery) required to be served under this agreement or any Act of Parliament, to the
Premises (or the last known address of the Tenant if different) by hand or sends it recorded or registered delivery or by first class post, addressed to
the Tenant then the Tenant will be treated as though they have received it.
5.5 Strictly with the Landlord’s prior written consent and subject to certain conditions that may include the Landlord’s reasonable costs associated with
the re-letting of the premise, the Tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.
Stamp Duty
5.6 Both the Landlord and Tenant will be responsible for ensuring that, where appropriate, their own part of the tenancy agreement is stamped by the
Inland Revenue and pay any duty payable.
IMPORTANT: If either party to this agreement are unsure of their rights or require further clarification of this clause they should consult a
solicitor or their local Citizen’s Advice Bureau.
The law (Protection from Eviction Act 1977) gives Tenants protection against arbitrary or immediate termination of their rights of occupation and
the law restricts a Landlord’s rights, except in certain circumstances, to evict from, or prevent a Tenant from living in, Premises subject to an existing
tenancy agreement without first obtaining a court order.
For the Landlord to commence legal proceedings to repossess the Premises based on a breach of the tenancy (where the Tenant had failed to
remedy the breach in good time), which might result in the court evicting the Tenant or issuing a court order terminating the tenancy earlier than
might otherwise be lawful; the law requires that the tenancy agreement contains a Forfeiture clause, sometimes referred to as a Right of Re-entry.
Clause54.7 is such a clause.
For the avoidance of doubt:- In order to exercise his legal rights under this clause, 5.7, a Landlord will first need to obtain a court order.
5.7 If at any time the rent, or any part of the rent, shall remain unpaid for 14 days after becoming due, whether formally demanded or not, or if any
major agreement or major obligation on the Tenants part is not complied with, or if any of the circumstances mentioned in the following Grounds;
Ground 1. (that the Landlord gives notice to the Tenant that possession of the Premises may be sought under Ground I of part I of
Schedule 2 of the Housing Act 1988 in that: -
At some time before the beginning of the tenancy the Landlord, or in the case of joint Landlord at least one of them occupied the
Premises as his only or principal home; or the Landlord, or in the case of joint Landlord, at least one of them requires the Premises as his
or his spouse’s only or principal home).
Ground 2. (that the Landlord gives notice to the Tenant that possession of the Premises may be sought under Ground II of part I of
Schedule 2 of the Housing Act 1988 in that:-
The Premises are subject to a mortgage granted before the beginning of the tenancy and; the mortgagee is entitled to exercise a power
of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and the mortgagee requires possession of
the Premises for the purpose of disposing of it in exercise of that power and; either notice was given as mentioned in Ground I above or
a Court is satisfied that it is just and equitable to do so.
(For the purposes of the Ground, “mortgage” includes a charge and “mortgagee” shall be construed accordingly).
Ground 8. (that both at the time of notice of the intention to commence proceedings and at the time of the court proceedings there is
(a) at least eight weeks rent unpaid where rent is payable weekly or fortnightly; (b) at least two months rent is unpaid if rent is payable
monthly; (c) at least three months rent is more than three months in arrears if rent is payable yearly) as set out in Part I of Schedule 2 to
the Housing Act 1988 (as amended by the Housing Act 1996) or,
Ground 10. (that both at the time of notice of intention to commence proceedings and at the time of the court proceedings there is
some rent outstanding),
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Ground 12. (that the Tenant has broken one or more of his obligations under the tenancy agreement),
Ground 13. (that the condition of the Premises or the common parts has deteriorated because of the behaviour of the Tenant, or any
other person living at the Premises),
Ground 14. (that the Tenant or someone living or visiting the Premises has been guilty of conduct which is, or is likely to cause, a
nuisance or annoyance to neighbours; Or, that a person residing or visiting the Premises has been convicted of using the Premises, or
allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence. In the locality, of the Premises),
Ground 15. (that the condition of the furniture has deteriorated because it has been ill treated by the Tenant or someone living at the
Premises),
Ground 17. (that the Landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the Tenant
or a person acting at the Tenants’ instigation), as set out in Part II of Schedule 2 to the Housing Act 1988 (as amended by the Housing Act
1996) shall arise, then the Landlord may re-enter the property and the tenancy shall be terminated. Any such action will not restrict, or
limit any other legal rights, which the Landlord may have in pursuing the Tenant for breaches of the Tenant’s obligations under this
agreement.
6. SPECIAL CONDITIONS
6.1 The Tenants agree neither to smoke in or on the Premises nor to allow his invited guests or visitors to do so. In breach of this clause to be
responsible for the reasonable costs or rectification of any damage caused or for any appropriate cleaning, fumigation, etc required.
6.2 The property including all appliances are to be cleaned to a professional standard at the end of the tenancy. All carpets in the property are to be
professionally cleaned and flea treated. A receipt will be requested as confirmation that this has been actioned.
6.3 Should you use the loft/attic for storage of light items i.e. luggage, Christmas decorations, this will be at your own risk.
6.4 The Landlord gives consent for the tenants to keep a short haired domestic cat on or in the premises. The tenants will be responsible for the proper
care and control of said animal and for the reasonable costs or rectification of any damage or de-infestation, etc. and for any cleaning, fumigation
etc. required.
6.5 Since the 1st October 2015 it is a legal requirement that tenants are provided with a copy of the leaflet “How to Rent”. A copy has been provided
with this tenancy agreement.
7.1 Lettings agents may share details about the performance of obligations under this agreement by the Landlord and Tenant; past, present and future
known addresses of the parties, with each other, with credit and reference providers for referencing purposes and rental decisions; with utility and
water companies, local authority Council Tax and Housing Benefit departments, Mortgage lenders. To help prevent dishonesty, for administrative
and accounting purposes, or for occasional debt tracing and fraud prevention. Under the Data Protection Act 1998 you are entitled, on payment of
a fee which will be no greater than that set by the statute, to see a copy of personal information held about you and to have it amended if it is
shown to be incorrect.
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IMPORTANT
This agreement contains the terms and obligations of the tenancy. It sets out the promises made by the Landlord to the Tenant and by the Tenant
to the Landlord. These promises will be legally binding once the agreement has been signed by both parties and then dated. You should read it
carefully to ensure it contains everything you want and nothing that you are not prepared to agree to. Whilst every attempt has been made to
compose this agreement using plain and intelligible language, it inevitably contains some legal terms or references. If either party does not
understand this agreement, or anything in it, it is strongly suggested that you ask for an explanation before signing it. You might consider
consulting a solicitor, Citizen’s Advice Bureau or Housing Advice Centre.
The terms and conditions of this agreement include those special or additional clauses (if any) set out in section 6.
Gavin Garman
Glorileen Espanola
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