Assured Shorthold Tenancy Agreement
Assured Shorthold Tenancy Agreement
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 or
references.
If either party doesnot 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.
If completing this Agreement by hand make sure all information inserted is readable.
The Name and Address of the Letting Agent (if any) who arranged this tenancy and is acting for
the landlord is :
Definitions
Page 2
Assured Shorthold Tenancy Agreement DEFINITIONS The intention of providing this list of
definitions is to help explain or clarify some terms or expressions that may be found in
this tenancy agreement. It is not meant to be an exhaustive or complete list. In
the event of a dispute, only a court can decide on a definitive interpretation or
meaning of any clause, or of any part of this agreement.
The premises
The premises include all, or any parts of the dwelling-house, gardens, paths, fences,
boundaries or other outbuildings which form part of the let. Where the premises
form only part of another property (e.g. in a block of flats), the letting includes the
use, in common with others, of communal access ways and other similar
facilities.
Binding Date
A tenancy agreement is not, technically, a legally binding contract until it has been
"executed" by being Dated, after both parties (or their authorised representatives) have
signed; although it might be possible for either party to take legal action against the other if
they withdraw prior to this date.
Landlord
A person or persons who at any relevant time own, or have a formal interest in,
the premises that gives them the right to possession of the premises.
Tenant
A person, or persons, who at any relevant time are entitled to occupy the
premises under the terms of this tenancy agreement.
Superior landlord
People, or persons, to whom the ownership or interest in the Leasehold
premises might revert in the fullness of time, following the expiry of the term of
any head, or superior, lease.
Fixtures and fittings References to fixtures and fittings relate to any of the landlord's
furniture, furnishings, sanitaryware, decorative features,
white goods, other equipment or any floor, ceiling or wall coverings and include anything listed
in any Inventory and/or Schedule of Condition supplied.
Consent of the Where the consent of the Landlord or his Agent is required for the
tenant to carry out some action it is strongly landlord or his agent recommended that
where such consent is granted, the tenant obtain confirmation in writing so as to
avoid
misunderstandings or disputes at a later date.
Water charges
This includes charges, rates or costs relating to water, sewerage and environmental
services
Utilities
This includes charges, rates or costs relating to telephone, gas,
electricity, oil and Council Tax.
Stamp Duty
Failure to have the Original of this agreement or the Counterpart(e.g. either half)
stamped (if required) by the Inland Revenue and pay any appropriate duty within 30
days of commencement of the tenancy, may result in a penalty or fine and the
agreement not being accepted as evidence in court. (See Inland Revenue leaflet No.
S08 "Stamp Duty on Agreements Securing Short Tenancies" for details)
Any letting or managing agent, or any other duly authorised person, notified to the
tenant, who is acting from time to time on behalf of the landlord.
Month / Monthly
Means a calendar month.
1
SUMMARY of CORE TERMS
1.1
Insert here, (only after this agreement has been signed by, or on behalf of, both
parties) the binding DATE of this contract
wwwwwwwwwwwwwwwwwww
As per 1.9
1)
1.12 RENT
and the first payment (or proportionate part) is to be made on or before the
signing of this agreement.
The Tenant shall pay to the Landlord's Agent the Rent (exclusive of Council Tax
and Water Charges) payable in advance on the Rent Payment Days the first
such payment to be made on the signing of the Agreement for the period from the
Commencement Date until the next Rent Payment Date. All rents must be paid by cheque
or bank and property address as reference transfered to:
2.
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.
2.1
As joint and several tenants to be responsible and liable for all obligations under
this agreement
2.2
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 and the landlord may recover the interest as though it were rent.
2.3
To occupy the premises as the tenant's only or principal home.
2.4
To be held liable for the fair net costs involved 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 mis-use, by the
tenant or his invited guests or visitors.
2.5
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.
2.6
To be responsible for the 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.
2.8
To notify, at commencement of the tenancy, the local authority responsible for the
collection 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.
2.9 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.
2.10 Not to tamper, interfere with, alter or add to the gas, water or electrical
installations or meters, either in or serving the premises.
2.11 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 or his agent which 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.) The landlord or his agent reserves the right to withdraw, for reasonable
grounds and upon reasonable notice, any such consent previously given.
2.12 Not to change the supplier of the domestic utilities or services referred to in the
above clauses without the prior consent of the landlord or his
agent. Such consent will not be unreasonably withheld. Where such consent is given,
the tenant undertakes to promptly provide the landlord or his agent with full details of
the new supplier and account numbers etc. (In order to avoid misunderstandings or
disputes later, it is strongly recommended that the tenant obtain confirmation in writing
of any such consent granted.) The landlord or his agent reserves the right to withdraw,
for reasonable grounds and upon reasonable notice, any such consent previously
given.
2.13 Not to change or transfer any existing telephone number at the premises without
the prior consent of the landlord or his agent. Such consent
will not be unreasonably withheld. Where such consent is given, the tenant undertakes
to promptly provide the landlord or his agent 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.)
2.14 If the tenant brings into the premises any gas appliance(s), he must ensure they
are safe to use and are properly connected to the
appropriate pipework in the premises by a suitably qualified Corgi 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.
2.15 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.
2.16 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.
2.17 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
2.18 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.
Tenant's Obligations
Assured Shorthold Tenancy Agreement
Page 62.19 Not to sublet, take in lodgers or paying guests without the landlord or
his agent'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.) The landlord or his agent reserves the right
to withdraw, for reasonable grounds and upon reasonable notice, any such
consent previously given.
2.20 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. (In
order to avoid misunderstandings or disputes 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.
2.21 As quickly as is practical after receipt, to send to the landlord or his agent any
formal or legal notice or orders or other similar document
delivered to the premises by a third party which relate to, or might significantly affect,
the premises, its boundaries or adjacent properties.
2.22 To pay, or be liable to pay, the reasonable net costs incurred by the landlord, or his
agent or professional advisers, in successfully enforcing
or remedying a notable breach of, or significant failure to comply with, the obligations of the
tenant under this agreement.
2.23 To be liable at any time to reimburse the landlord or his agent any sums which the landlord
or his agent is required to repay to the local
authority in respect of Housing Benefit which has been paid direct to the landlord
or his agent 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, furnishings or equipment
within the premises are his and are not covered by any insurance policy
maintained by the landlord)
2.24 In the event of loss or damage by fire, theft, attempted theft, impact or other
causes to the landlord's premises or its contents, to promptly
inform the authorities as appropriate and the landlord or his agent as soon as is practicable.
Subsequently to provide, as soon as is practicable, full written details of the incident in
order for the landlord or his agent to assess whether to make a claim on any relevant
insurance policy.
2.25 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.
2.26 To reimburse the landlord for any excess sum, up to a maximum of £100,
payable under the landlord's insurance policy for each and any
claim on the landlord's policy resulting from any action or inaction on the part of the
tenant, his invited visitors or guests in breach of this agreement.
2.28 Not to change any burglar alarm codes (if any) without the prior consent of the
landlord or his agent. Such consent will not be unreasonably
withheld. Where such consent is given, to promptly provide the landlord or his agent with the
relevant new code. (In order to avoid misunderstandings or disputes later, it is strongly
recommended that the tenant obtain confirmation in writing of any such consent granted.)
2.29 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 or his agent. 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 any new
or additional locks or bolts are fitted to the property, to promptly provide the
landlord or his agent with an appropriate set of keys.
2.30 If any lock or bolt is installed or changed on or in the premises without the
prior consent of the landlord or his agent to remove them if so
required by the landlord or his agent and be responsible for the fair costs of
making good any resultant damage to the premises or spoilage of decoration.
• GARDEN
2.33 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.)
2.34 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.
2.37 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.
2.38 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 to the required specification
and be liable for the costs involved.
2.39 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.
2.40 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.
2.41 To test at regular intervals any battery operated smoke alarms 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 or his agent.
2.42a Smoking is not permitted by the occupier or their visitors, in any area of the
property.
2.43 Not to alter the appearance or decoration or structure of the premises or its
fixtures or fittings either internally or externally without first
obtaining the prior consent of the landlord or his agent. 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.)
2.44 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.
2.45 To notify the landlord or his agent 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.
2.46 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
reasonably be considered to be a fire hazard, or otherwise dangerous to the
premises or the health of its occupants or of the neighbours.
2.48 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 or his agent. 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 or his agent
reserves the right to withdraw, for reasonable grounds and upon reasonable
notice, any such consent previously given.
2.49 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 reasonably be
considered to be anti-social behaviour.
2.50 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 or his agent. (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 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.
2.51 Not to fix or hang, any posters, pictures, photographs or ornaments to the
walls or ceilings 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, or
be liable for the fair costs of making good, any unreasonable damage or marks or holes
caused by such fixings or their removal.
2.52 Not to store or keep on the premises or any communal car park any boat, caravan
or commercial vehicle without the prior consent of the
landlord or his agent. (In order to avoid misunderstandings or disputes later, it is
strongly recommended that the tenant obtain confirmation in writing of any such
consent granted.) Such consent not to be unreasonably withheld. The landlord
reserves the right to withdraw, for reasonable grounds and upon reasonable notice,
any such consent previously given.
2.53 Not to repair cars, motorcycles, vans or 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.
Tenant's Obligations
Assured Shorthold Tenancy Agreement
2.54 To take reasonable and prudent steps to adequately heat and ventilate
Page 8
2.55 Where the tenant clearly breaks, or fails to comply with, any of the
obligations relating to looking after or the use and occupation of the
premises set out under this agreement, the tenant agrees to carry out (at his own cost)
any reasonable and necessary corrective measures or action within a maximum of
four weeks, or within any alternative timescale agreed with the landlord or his agent, or
earlier if urgency requires it, of being asked in writing to do so by the landlord or his agent.
After that time, the landlord or his agent may notify the tenant that the landlord is arranging
for the work to be done and in such circumstances the tenant agrees to be responsible
and liable for the fair costs involved in those arrangements and for the carrying out
of such works.
2.56 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 or at other reasonable times including at week-ends by
prospective tenants or purchasers who are authorised to do so by the landlord or
his appointed agent. Except where mutually agreed otherwise with the tenant, the
landlord or his authorised agent or representative will accompany these viewing
appointments.
2.57 During the last two months of the tenancy to permit, at the
discretion of the landlord or his agent, a For Sale or To Let board to be
displayed
on the premises.
2.58 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 workman or their professional
advisors, access to the landlord's premises in order to carry out any work required to
the premises or their neighbouring property under the Party Walls etc. Act 1996.
2.59 To permit the landlord or his agent or authorised workman, from time to time
upon a minimum of 24 hours prior written notification (except in
the case of emergency), to enter the premises during working hours and or at other
reasonable times including at week-ends, to inspect the premises, its fixtures and fittings,
and to do work which might be required from time to time in order to fulfil obligations under this
agreement or relevant legislation.
2.60 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 or his agent
to demonstrate compliance with this clause.
2.61 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.
2.63 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 and to pay, or
be liable to pay, for any previously agreed costs involved in the checking of any
Inventory and or Schedule of Condition.
2.66 Where such items belonging to the tenant described in clause 2.61, 2.64,
2.65 above are of a bulky or unwieldy nature, (either individually or
as a collection) which may inhibit, or unreasonably inconvenience the landlord or other persons
immediate ability to comfortably occupy or make use of, or relet, or sell the premises, or any
part of the premises, the landlord reserves the right to charge the tenant damages or
compensation at a rate equivalent to the rent, calculated on a daily basis, until the items
are removed, either by the tenant, or in line with clause 2.65.
2.67 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 or his agent; for ease of administration and communication
between the parties, including the processes involved in the return of the deposit.
Landlord's Obligations
Assured Shorthold Tenancy Agreement
Page 9
3.
LANDLORD'S OBLIGATIONS
PLEASE NOTE: These are the 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.
3.1
To keep the premises and the landlord's 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.
3.2
Not to interrupt or interfere with the tenant's 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's rights and obligations under this
agreement and having provided at least a minimum of 24 hours prior written
notification.
3.3
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 drains, 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 or 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.
3.4 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.
3.5
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
commencement of, and during the tenancy, as may be necessary from time to time
in order to comply with the landlords obligations under the Gas Safety (Installation and
Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and
Sockets etc., (Safety) Regulations 1994.
3.6
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.
3.7 Where the landlord's normal place of abode is not in the United
Kingdom he agrees to nominate a representative or appoint an agent to
whom the rent due under this agreement shall be paid. If the landlord fails to
appoint such a representative or agent the landlord agrees that the tenant will be
entitled to deduct, and hold for payment to the Inland Revenue, basic rate tax from the rent as
may be required by the Finance Act 1995 or subsequent similar legislation as it relates to non
UK resident landlords.
The Deposit
Assured Shorthold Tenancy Agreement
Page 10
4.
THE DEPOSIT
The deposit referred to in clause 1.11 and 1.12 will be held as security for and in
respect of, the performance by the tenant of all the obligations of the tenant in
this agreement including those set out in this section (4); to pay for or be used
for;
4.1
Any damage, or compensation for 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 reasonable fair wear and tear and for the age and condition of each and any such
item at commencement of the tenancy.
4.2
The fair costs incurred in compensating the landlord for, or for rectifying or remedying
any meaningful breach by the tenant of his obligations under this agreement, including
those relating to the cleaning of the premises, its fixtures and fittings.
4.3
Any sum which is or becomes repayable by the landlord or his agent to the local
authority with regard to Housing Benefit which has previously been paid directly to
the landlord or his agent relating to the tenant named in this agreement.
Any unpaid accounts for utilities or water charges or environmental services or
other similar services or Council Tax incurred at the property for which the tenant
is liable.
4.5
Any rent or other money lawfully due or payable by the tenant under this agreement of
which the tenant has been made aware and which remains unpaid after the end of the
tenancy.
4.6 After the end of the tenancy no deductions shall be made from the deposit unless,
or until, the reason for the nature of the deductions have
been notified in writing to the tenant. Such correspondence will be sent, addressed to the
tenant, to the single address required to be provided by the tenant under clause 2.67 of
this agreement or, in the absence of such an address, to the address of the
premises subject to this tenancy given at clause 1.7.
4.8
The deposit (or appropriate balance) will be returned as soon as is reasonably
practicable once vacant possession has been obtained following the final day of the
tenancy; after the deduction of any sums or money (if any), in accordance with section 4, which
are due to the landlord arising from the tenant's breach of, or failure to comply with,
the tenant's obligations under this agreement.
4.9
The deposit (or appropriate balance) will be returned to the tenant by cheque, or bank
draft or direct electronic bank transfer and where the tenant comprises more than one
person, the deposit (or appropriate balance), may be returned to any one of them
individually for and on behalf of all tenants.
4.10 If monies lawfully due to the landlord under this agreement are more than
the deposit held, the tenant will be liable to pay any excess to the
landlord within 14 days of written demand.
General
Page 11
Assured Shorthold Tenancy Agreement ALL PARTIES TO THIS AGREEMENT
SHOULD READ THESE CLAUSES
5.
GENERAL
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.
Service of Notices etc. by the Landlord or Agent 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 or his
agent 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 by 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.
Surrender of the tenancy by the tenant 5.5 Strictly with the landlord's or his agents
prior written consent and subject to certain conditions that may include the
landlord's reasonable
costs associated with the re-letting of the premises, the tenant might be allowed
to surrender or give up this tenancy before it could otherwise lawfully be ended.
Animals 5.6 Tenants are NOT permitted to keep animals at the Property. The Tenant
may apply to the Landlord for a relaxation of this clause and the
Landlord will give consent if he believes it reasonable to do so and may apply
reasonable conditions.
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. Clause 5.7 is such a clause.
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 tenant's part is not complied with, or if any of the circumstances
mentioned in the following Grounds; 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 one quarters rent is more than
three months in arrears if rent is payable quarterly; (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 the intention to commence proceedings and at the time of the court
proceedings there is some rent outstanding), Ground 11. (that there is a history of
persistently being behind with rent), 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 there), 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 or 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 tenant's 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.
NOTICE 5.8 To give to the Landlord one month's notice in writing (expiring the day
before a Rent Payment Date) of the Tenant's intention to vacate the
Property. The Landlord may terminate this Agreement by giving the Tenant two
months' notice in writing stating that he requires possession. This Notice may
not expire before the end of the Term. After the notice has expired the Landlord
may commence proceedings to obtain a court order for possession.
Data Protection
Assured Shorthold Tenancy Agreement
Page 12
6.
DATA PROTECTION & CONFIDENTIALITY
6.1 Letting 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 statute, to see a copy of personal information held
about you and to have it amended if it is shown to be incorrect.
Signatures
Assured Shorthold Tenancy Agreement
Page 12
7.
SIGNATURES of the PARTIES
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 you ask for an explanation before signing it. You
might consider consulting a solicitor, Citizens 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 8, overleaf.
SIGNED
{+++signature,h35:signer1:Please+Sign+Here+++}
By, or for and on behalf of, the LANDLORD(s) SIGNED
{+++signature,h35:signer2:Please+Sign+Here+++}
TENANT 1
SIGNED
{+++signature,h35:signer3:Please+Sign+Here+++}
TENANT 2
SIGNED
GUARANTOR 1
SIGNED
GUARANTOR 2
Special or Additional Clauses
Assured Shorthold Tenancy Agreement
Page 14 8.
The following are SPECIAL or ADDITIONAL CLAUSES
negotiated between the parties. (Examples might be: clauses relating to
Pets or Animals, Smoking, Break Clauses, Rent Review clause, permitted
occupiers, additional charges etc)
If there are no special or additional clauses please draw a diagonal line through
the blank space of this section As a matter of good practice, and to help avoid
misunderstandings or disputes later; where special or additional clauses have
been inserted in this section, the parties should initial the bottom of this page
Special or Additional Clauses
Assured Shorthold Tenancy Agreement
Page 15