Notes for completing this Agreement.
*Note 1: there is a no smoking clause under (3.14) instead of deleting this and therefore upsetting the numbering you can just cross it out and initial it - but get the tenant to initial it as well.
To get started double click your mouse by the word "dated" and you will see that your icon starts flashing - enter the information and press tab to move onto the next field. Repeat this until all the information has been input.
Once all the information has been completed you need to go to "file" in your browser - at the top of the screen and select "print preview". Next select page set up and make sure that the header and footer sections are clear from any data and click on "ok".
Finally select "print" and for the number of copies enter "2" or however many copies of the agreement you want.
Page 1
*Note 2: the gardening clause comes under (3.18) and applies whether or not there is a garden at the property.
*Note 3: any further clause should be entered under the First Schedule - where there are no further clauses then you can remove the page headed First Schedule.
*Note 4: this agreement states that any Headlease shall apply and be attached - please ensure that you have a copy of your headlease and can attach it - this primarily applies to blocks of flats where the landlord is the leaseholder and the leaseholder's landlord is the freeholder.
*Note 5: you should ensure that an inventory is attached to this agreement.
*Note 6: all the terms outlined in this agreement are in accordance with the Office of Fair Trading's Guidance on Unfair terms in Tenancy Agreements - there are some clauses which may appear to be unfair on the Landlord such as (3.5) however this has to be in agreement and we can not be held responsible for it's omission or any other omission that you may decide to make. It is unwise to delete any of the legal jargon that relates to Acts of Parliament this would more than likely make the agreement invalid and ruin any chance you would have of a successful case should you need to go to court.
*Note 7: give the tenant at least seven days to read through the contract - this should be ample time for them to seek advice and they can not then say that they were bullied into signing the agreement which again might well make it null and void.
Tenancy Agreement
Page 2
This Agreement is intended to create an Assured Shorthold Tenancy as defined by the Housing Acts.
Dated:
Landlord(s):
(hereinafter called "the Landlord")
Landlord's Address:
Tenant(s):
(hereinafter called "the Tenant").
Property: The dwelling known as:
(hereinafter called "the Property")
Contents: The fixtures and fittings at the Property together with any other items as listed in the inventory which is attached to this Agreement.
Term:
For the term of
Commencing on:
Rent:
Payment: in advance by equal monthly payments on the of each month.
Deposit:
The deposit will be held as security by the Landlord in respect of any unpaid rent, damage to the Property, any unpaid bills or against any other breach by the Tenant of the Terms within this Agreement which cost the Landlord financial penalty. The deposit is payable upon signing this Agreement.
Page 3
1. The Landlord agrees to let and the Tenant agrees to take the Room and Contents for the Term at the Rent payable as stated on page 2 of this Agreement and to share with other Occupiers of the Property the use and facilities of the Property that are communal.
2. The Tenant pays the Deposit as security against damage and any unpaid bills or rent and will compensate the Landlord for any breach that the Tenant performs of this Agreement. The Deposit is not to be used as rent by the Tenant. No interest will be paid on the Deposit. The balance of the Deposit is to be repaid to the Tenant as soon as possible after the termination of this Agreement less any reasonable costs incurred for the breach of any obligation.
3. The Tenant agrees with the Landlord:
Rent and Charges
(3.1) To pay the rent in the manner specified to the Landlord.
(3.2) To pay promptly to the authorities any share of monies due for water, gas, electricity, council tax (or any other tax that replaces council tax), sewerage and telephone.
(3.3) To pay any share of the cost of any reconnection fee that may become due, due to the Tenant's negligence or failure to pay any outstanding monies that have been owed by the Tenant.
(3.4) The Tenant agrees to notify the Landlord in writing should there be a change in any supplier of utility services.
Use of the property
(3.5) Not to end the Tenancy prior to the end of the fixed term without the written permission of the Landlord, such permission will not be unreasonably withheld and to compensate the Landlord all costs incurred with finding a replacement Tenant. Where the Tenant wishes to terminate the contract prior to the end of the fixed term and where the Landlord has agreed in writing, the Tenant must give at least one month's notice in writing to the Landlord.
(3.6) To use the Property as a dwellinghouse and not carry on any form of business from the Property.
(3.7) To insure their own contents.
(3.8) Not receive any paying guests.
(3.9) Not to cause a nuisance to the neighbours or carry on any immoral or illegal practice from the Property or allow any other person so to do.
(3.10) Not to decorate, alter or build on or in the Property.
(3.11) Not to leave the Property vacant for more than 30 days without notifying the Landlord in writing.
(3.12) Keep the contents of the Property in a good clean state at all times.
(3.13) Not to keep any pets in the Property without the Landlord's written permission, such permission not to be unreasonably withheld and can be revoked at anytime on reasonable grounds by the Landlord.
(3.14) Not to smoke in the Property or allow anyone else so to do.
Page 4
Repairs
(3.15) To keep the interior of the Property in a good state of repair at all times and report to the Landlord any damage that has occurred.
(3.16) Inform the Landlord of any repairs that need to be carried out.
(3.17) Where the Tenant is found to be responsible for any damage to either pay for the repair or reimburse the Landlord for any costs that have been incurred.
(3.18) To keep the gardens (if any), pathways, drives, lawns, hedges and borders properly tended as they were at the commencement of this Agreement and not remove any plants or trees.
(3.19) Not to change any locks without the permission of the Landlord and where the locks have been changed to provide spare keys to the Landlord within 48 hours.
(3.20) To replace any broken glass without delay where the breakage has been caused by the Tenant, a member of the Tenant's family or a guest of the Tenant and to pay for the replacement.
(3.21) Not to affix any notice, notice board or any other signage to the exterior or interior of the Property where it is going to cause damage.
(3.22) To keep any ventilation units free from blockage and to notify the Landlord immediately should there be a build up of soot on any gas appliance.
(3.23) To allow the Landlord or the Landlord's representative access to the Property where repairs are required to be undertaken.
(3.24) To keep the drains, pipes and any other sanitary unit such as bath or sink free from blockage.
(3.25) To use any appliance provided for their intended use only.
(3.26) Take all reasonable steps to prevent damage from frost.
(3.27) Not to introduce into the Property any other form of heating without the permission of the Landlord.
(3.28) Not to store or allowed to be stored any flammable substance other than the amount required for daily use.
Other responsibilities
(3.29) To forward any mail addressed to the Landlord within seven days of receipt.
(3.30) To inform the Landlord within seven days of any notice received relating to the Property including any planning permission that has been applied for whether or not it effects the Property.
(3.31) Within the last two months of the Tenancy, allow the Landlord access with 24 hours notice to show the Property to potential tenants and or buyers as well as any agency that the Landlord may employ to let or sell the Property on behalf of the Landlord.
Page 5
(3.32) To ensure that the Property is secure when leaving the Property at all times, including locks on doors and windows, burglar alarms (where applicable) and any other security device that is in place must be activated where the Property is to be left unattended for any amount of time.
(3.33) Where the Property has been left unattended without prior notice in writing to the Landlord, for a period longer than a rental period or where rent for that period has not been paid and there is no evidence that the Tenant will return, the Tenant will be deemed as having terminated this Agreement and allows the Landlord to re-enter the Property without written notice to takeover the Property and re-let it.
(3.34) Where the Tenant has left any belongings or other contents in the Property after the termination of this Agreement the Landlord shall having given notice in accordance with Torts (Interference with Goods) Act 1977 remove the goods after a period of 14 days and the Tenant will be liable to compensate the Landlord the cost of such removal unless where the goods have been sold to cover such costs.
(3.35) To abide by the terms of any Headlease that applies to the Property and where there is such a lease a copy is attached to this Agreement.
(3.36) Where smoke alarms are provided to ensure that they are kept in good working order and are tested at least once a month and to replace at their own cost any batteries as and when necessary.
End of tenancy
(3.36) To leave the contents of the Property in approximately the same place as they were found at the commencement of this Agreement.
(3.37) To have the Property professionally cleaned or in the same clean state as at the commencement of this Agreement.
(3.38) To allow an inventory to take place by the Landlord or the Landlord's representative.
(3.39) To give the keys to the Landlord at the appointed time and date and reimburse the Landlord should keys not be provided and the Landlord therefore has to change the locks.
4. The Landlord agrees with the Tenant that:
(4.1) The Landlord permits the Tenant to have quiet enjoyment of the Property without interruption by the Landlord subject to the Landlord's rights to take legal action to enforce his rights against the Tenant should the Tenant be in breach of any of the terms of this Agreement.
(4.2) The Landlord will return any part of the rent due to the Tenant for any period that the Property has been uninhabitable by fire or any other insured risk.
(4.3) To insure the Property and it's contents as listed in the Inventory.
(4.4) To provide smoke alarms in the Property.
(4.5) To have an annual Landlord's Gas Safety Report carried out.
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5. The Landlord must obtain a court order for possession of the Property before re-entering the dwelling, if the Tenant does not:
i. pay the rent (or any part of it) within 14 days of the date on which it is due or
ii. comply with the obligations set out in this Agreement.
If any of the circumstances mentioned in Grounds 2, 8 or 10 to 15 or 17 of Part II of Schedule 2 and in Schedule 2A to the Housing Act 1988 arise then the Landlord may recover possession of the Property through the courts. This clause does not affect the Tenant's rights under the Protection from Eviction Act 1977.
6. Ending this Agreement
(6.1) If the Tenant stays on after the end of the fixed term of this Agreement and no new Agreement is issued then the Tenancy will continue as a "periodic tenancy" and run from month to month. The Tenant shall give the Landlord at least one month's notice to coincide with the end of a "period" of their intention to terminate this Agreement in writing to the Landlord's address as set at the beginning of this Agreement.
7. Other terms
(7.1) The Landlord agrees to carry out any repairing obligations as required by section 11 of the Landlord and Tenant Act 1985.
(7.2) The Landlord and Tenant agree that notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of the Housing Act 1988.
(7.3) The Landlord agrees that before this Agreement can be terminated notice shall be served on the Tenant in accordance with the provisions of the Housing Acts. Such notice shall be sufficiently served if served in accordance with section 196 of the Law of Property Act 1925.
8. Definitions (8.1) "Landlord" means the person or persons who are entitled to receive rent.
(8.2) "Tenant" includes any person or persons deriving title under the Tenant.
(8.3) "Property" includes any part or parts of the Property and all of the Landlord's fixtures and fittings at or upon the Property.
(8.4) "Term" means the period stated in the Agreement or any shorter or longer period as appropriate.
9. The Property is let together with any special conditions (if any) listed in the First Schedule attached hereto.
First Schedule:
Signed by the Landlord(s): _________________________________________________
in the presence of:
Name: _________________________________________________________________
(please print name)
Address: _______________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Occupation: _____________________________________________________________
Witness Signature: _______________________________________________________
Signed by the Tenant(s):__________________________________________________
in the presence of:
Name: _________________________________________________________________
(please print name)
Address: _______________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Occupation: _____________________________________________________________
Witness Signature: _______________________________________________________