NOTICE: ANY USE OF THE BELOW TENANCY AGREEMENT IS STRICTLY SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

Transcription

1 NOTICE: ANY USE OF THE BELOW TENANCY AGREEMENT IS STRICTLY SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. SOMEROOM also offers you the opportunity through our Website to download a Tenancy Agreement. 2. SOMEROOM makes no representation or warranty that any Tenancy Agreement will be suitable for your intended use as we are not aware of your particular legal requirements. You should always consult a legal professional regarding your use of the Tenancy Agreement. 3. The total liability of SOMEROOM for any legal document that you download is limited to SOMEROOM shall not be liable to you for any loss or expense which is: indirect or consequential loss; or economic loss, or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies. 4. The Tenancy Agreement is available on an as is basis and SOMEROOM makes no representation and gives no warranty regarding your use of the Tenancy Agreement. 5. Even if the Tenancy Agreement is drafted by a practicing solicitor or barrister does not of itself indicate that the service is suitable for your use. 6. Please note that legislation is subject to constant change so it is your responsibility to ensure that your document reflects any future changes. 7. SOMEROOM does not have the expertise to advise on any legal matters. 8. By purchasing the Tenancy Agreement you are therefore automatically agreeing to these the terms and conditions. 9. SOMEROOM is not responsible for any action you decide to take as a result of buying the Tenancy Agreement. 10. The Tenancy Agreement is valid only within the jurisdiction of the United Kingdom. 11. You agree to indemnify, defend and hold harmless SOMEROOM against all third party claims, liability, damages, costs and expenses, including legal fees, arising out your use of the Tenancy Agreement. 12. You are responsible to ensure that the Tenancy Agreement is adapted to suit your needs. TENANCY AGREEMENT dated Particulars 1.1 The " Landlord " means [INSERT NAME AND ADDRESS] 2 Interpretation The " Tenant " means [INSERT NAME AND ADDRESS] The " Property " means [INSERT PROPERTY NAME] The " Term " means [INSERT TERM NAME] The " Rent " means [INSERT RENT AMOUNT] The " Interest Rate " means the higher of nine per cent per annum or four per cent above the base rate of Lloyds Bank plc (or the nearest equivalent if such base rate ceases to exist at any time) The " Act " means the Housing Act 1988

2 2.1 The expressions "the Landlord" and "the Tenant" wherever the context so admits include the person for the time being entitled to the reversion immediately expectant on the determination of the tenancy and the Tenant's successors in title respectively 2.2 Words importing one gender include all other genders and words importing the singular include the plural and vice versa 2.3 References to a clause by number but without further designation or references to a schedule are references to the clause so numbered in or to the Schedule to this agreement 2.4 Any covenant by the Tenant not to do an act or thing shall be deemed to include an obligation not to permit or suffer such act or thing to be done by another person or by any pet kept by the Tenant 2.5 Covenants entered into by two or more persons are joint and several covenants by such persons 2.6 References to this Agreement include any document supplemental to it or entered into pursuant to it 3 Declarations The tenancy created by this agreement shall be an assured shorthold tenancy as defined in the Act 4. The Letting 4.1 The Landlord grants and the Tenant takes a tenancy of the Property together with the Landlord's fixtures fittings furniture chattels and effects therein ("the Fixtures and Fittings") specified in the inventory prepared by the Landlord and signed by or on behalf of the parties and subject to the matters set out herein 4.2 The tenancy shall be for the Term 4.3 The tenancy may be determined: (a) (b) (c) by the Landlord pursuant to the provisions of clause 8.1; or by virtue of an order of the court requiring the Tenant to give up possession of the Property made pursuant to an application by the Landlord; or by either party on giving not less than 3 months notice in writing to the other party. 5 Rent 5.1 Throughout the Term the Tenant will pay the Rent 5.2 The Rent shall be paid by equal monthly payments in advance on the 11th day of each month throughout the Term by bankers standing order to the Landlord s nominated bank account 5.3 If the Landlord does not receive the Rent or any other sum due to him by the due date the Tenant must pay on demand interest on the Rent or other sum at the Interest Rate (both before and after any judgement) provided this shall not prejudice any other right or remedy for the recovery of the Rent or other sum

3 6 Tenant's obligations The Tenant agrees with the Landlord as follows: 6.1 To pay the Rent at the times and in the manner stated in clause 5 without any deduction set off or abatement whatsoever 6.2 To make all payments other than rent due to the Landlord pursuant to this agreement as and when the same fall due 6.3 To pay all charges for electricity and gas and metered water (if any) supplied to the Property during the tenancy (including any reconnection fees and standing charges) 6.4 To pay all charges for the connection of telephone and the telephone account (including rental) during the Term and not to change the number of the telephone and not to transfer the said number at the end of the tenancy 6.5 To pay all charges for the use and maintenance of the burglar alarm 6.6 To pay or reimburse the Landlord with the fee for the television licence and to pay all charges for the connection and use of the satellite and cable television 6.7 To pay all Council Tax water rates (if any) and other local taxes and outgoings charged or assessed on the Property or the occupation of the Property at all times during the tenancy 6.8 To discharge all accounts for the above mentioned matters for the period down to the date of the expiration or sooner determination of the tenancy and to arrange for the addressing of all subsequent accounts to the Landlord or as the Landlord shall direct 6.9 To keep the interior of the Property and the Fixtures and Fittings in as good a state of repair condition and decoration as they were at the commencement of the Previous Tenancy as evidenced by the photographic schedule of condition prepared by the Landlord (fair wear and tear taking account of the original state of repair as evidenced by the photographic schedule of condition only excepted) and to pay for repair or replace with articles of a similar kind and of equal value any Fixtures and Fittings which are lost damaged or destroyed 6.10 To keep all electric lights in good working order and in particular to replace all fuses bulbs and florescent tubes as and when necessary 6.11 To keep the Property properly heated and ventilated as to avoid damage to the Property arising from condensation or from the bursting of pipes due to freezing 6.12 To sweep and clean all chimneys and flues (if any) at the Property as often as necessary 6.13 To clean all windows of the Property at least once in every month and to replace immediately any glass broken by the Tenant's wilful act or default 6.14 Not to keep at the Property any animal bird or reptile 6.15 Not to pull down alter add to or in any way interfere with the construction or arrangement of the Property

4 or the services to the Property 6.16 To keep the drains gutters flues and pipes of the Property clear and not to waste any water 6.17 Not to park on the Property any boat caravan commercial or immobilised vehicle 6.18 Not to erect any wall or fence or plant any hedge on the Property 6.19 Not to keep any coal or fuel except in any receptacle or tank provided for the purpose and not to store any combustible inflammable dangerous or offensive substances or materials at the Property 6.20 Not to use the Property for any trade profession or business purpose whatsoever 6.21 To use the Property in a tenant like manner and not to commit any waste 6.22 To use the Property in a peaceful and quiet manner and not to use or permit the use of the Property for any improper immoral or illegal purpose nor to do or suffer to be done in the Property or any part of it any act or thing which may be a nuisance damage or annoyance to the Landlord or to the owners or occupiers of any neighbouring property and not to make any undue noise on the Property after pm and before 9.00 am 6.23 Not to do anything at the Property whereby the policy of insurance of the Property for the time being in force may become void or voidable or whereby the premium for such insurance may be increased 6.24 To the extent that an occupier of the Property is required to do so to comply in all respects with the provisions of all statutes bye laws and other orders and regulations and the requirements of all competent authorities relating to the property or to the use and occupation thereof 6.25 To perform and observe and procure the performance and observance at all times during this tenancy of all restrictive and other covenants stipulations exceptions reservations and other matters affecting the Landlords title to the Property details and copies of which have been supplied to the Tenant insofar as such performance and observance is not the sole responsibility of the Landlord under the terms hereof and indemnify the Landlord from and against all actions costs claims and demands arising out of any breach non observance or non performance thereof so far as aforesaid provided always that the covenants conditions and stipulations aforesaid shall not operate to confer upon the Tenant any right power or privilege which is not expressly granted by this tenancy 6.26 To take all reasonable steps at all times to prevent unauthorised entry to the Property and to keep it secure 6.27 To occupy the Property personally as the Tenants only or principal home 6.28 Not to share occupation of the Property with any person (other than with members of his immediate family and a nanny provided that no relationship of landlord and tenant is created nor any security of tenure) 6.29 Not to assign charge underlet or part with possession of the Property or any part of it 6.30 Forthwith to notify the Landlord of any defect or want of repair in the Property which the Tenant is not liable to repair

5 6.31 To permit the Landlord or the Landlord's agents with or without workmen and others on giving not less than 24 hours notice (except in case of emergency) at any time during the tenancy (at convenient hours in the daytime) to enter the Property for the purpose of: repairing and painting the outside of the Property or carrying out and completing any standard or other repairs necessary or required to the Property or to any service media examining the state and condition of the Property and (if necessary) giving to the Tenant notice in writing to make good and amend within one month next following all wants of repair to the interior of the Property then found repairing and amending at the expense of the Tenant the wants of repair referred to in clause if the Tenant shall have failed to do so within the time specified 6.32 To permit the Landlord or the Landlord's agents or those with written authority from the Landlord or agents to view the Property at reasonable times of the day at any time during the tenancy in the event of the Landlord wishing to dispose of the reversionary interest and during the last two months of the tenancy (however determined) in the event of the Landlord wishing to relet 6.33 To pay all costs and expenses (including legal costs and disbursements and fees payable to a surveyor and any Value Added Tax thereon) incurred by the Landlord in or in contemplation of: the preparation and service of any notice or of any proceedings under sections 146 and 147 of the Law of Property Act 1925 (notwithstanding that forfeiture is avoided otherwise than by relief granted by the Court) the recovery of arrears of rent or other sums payable hereunder and proceedings in connection thereof any matter or claim arising from any default by the Tenant under the terms of this Agreement 6.34 To wash and have professionally cleaned including ironing or pressing at the end of the tenancy all linen bedspreads, blankets curtains carpets upholstery or other items comprised in the Fixtures Fittings 6.35 To pay to the Landlord on demand the whole of the irrecoverable portion of the insurance monies if the Property or the Landlord's fixtures and fittings and effects are destroyed or damaged by an insured risk but the insurance monies are irrecoverable in whole or in part due to the act or default of the Tenant or his employees licensees or visitors 6.36 To indemnify the Landlord against all liabilities claims demands proceedings damages losses costs and expenses arising directly or indirectly from the use and occupation or condition of the Property or any breach of the Tenant's obligations under this tenancy or any act or default of the Tenant or his employees licensees or visitors in relation to the Property 6.37 At the end of the tenancy to deliver up to the Landlord the Property and the Fixtures and Fittings (excepting any tenant's fixtures and fittings affixed by the Tenant any damage caused by the removal of the same being made good by the Tenant) in the same state of repair condition and decoration as they were at the commencement of the Previous Tenancy as evidenced by the photographic schedule of condition prepared by the Landlord and to make good or pay for the repair or replacement of all such

6 items of the Fixtures and Fittings that shall be broken lost damaged or destroyed during the tenancy. If the Tenant shall fail to yield up the Property and the Fixtures and Fittings in accordance with his obligations under this clause 6.37 the Landlord may effect any repairs decorations and other works and pay for such repairs or replacements which ought to have been carried out by the Tenant pursuant to his obligations under this Agreement and the Tenant shall pay to the Landlord on demand (or at its option the Landlord shall be entitled to deduct from the Deposit) a sum (recoverable as a debt or at the option of the Landlord as rent in arrears) equal to the cost of such repairs decorations other works and replacements effected by the Landlord together with mesne profits at a rate equal to the Rent payable under this Agreement or if higher a rate equal to the open market rental value of the Property at that time) for the period required for the carrying out of such repairs decorations and other works and replacements and the Landlord's agent's certificate as to the amount of such costs and mesne profits shall be conclusive and binding on the parties 6.38 Notwithstanding and subject to the provisions contained within this Agreement, including but not limited to clause 6.9, the Tenant agrees that neither he nor any guest or invitee will smoke within the Property and in the event that smoking has taken place within the Property (as determined by the Inventory Clerk at the end of the tenancy) then any damage redecoration or fumigation necessary shall not be considered fair wear and tear and the Tenant shall compensate the Landlord in full 6.39 Notwithstanding and subject to the provisions contained within this Agreement, including but not limited to clause 6.9, the Tenant agrees not to use the Property in such a way as to cause damage to the wood flooring and understands that any damage sustained will not be treated as fair wear and tear and the Tenant will be responsible for the costs of any remedial work, sanding, repolishing or replacement 7 The Landlord's obligations The Landlord agrees with the Tenant as follows: 7.1 That the Tenant paying the rent and other payments due under this agreement and performing and observing all the obligations on the part of the Tenant contained in this agreement shall quietly possess and enjoy the Property during the tenancy without any interruption by the Landlord or any person rightfully claiming under or in trust for the Landlord 7.2 At the Landlord's own cost and expense at all times throughout the tenancy to insure and keep insured the Property and the fixtures fittings furniture and household effects therein which are the property of the Landlord in their full replacement and reinstatement value against fire and such other perils as are ordinarily covered by a comprehensive householders insurance policy 8 Provisos The Landlord and the Tenant agree as follows: 8.1 If: (a) the rent hereby reserved or any part thereof shall be unpaid for fourteen days after becoming due (whether formally demanded or not); or (b) (c) any of the Tenant's obligations shall not be performed or observed; or the Tenant (or any person comprised in the definition of the Tenant) shall become bankrupt or shall enter into any composition with the Tenant's creditors or suffer any distress to be levied on goods in the Property

7 then and in any of the said cases the Landlord may at any time re enter the Property and immediately thereupon the tenancy shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any breach of the Tenant's obligations 8.2 The Landlord notifies the Tenant in accordance with Section 48 of the Landlord and Tenant Act 1987 that any notice under this agreement to the Landlord shall be served as follows: (a) (b) if and so long as the Landlord has appointed an agent to collect the rent by personal service at or registered post to the office premises for the time being of such agent in any other case by personal service on or by registered post to the address of the Landlord as last notified to the Tenant in writing and which at the date of this Agreement is [INSERT NOTICE ADDRESS] Provided that any such notice may only be served from Monday to Friday between the hours of 9.30 a.m. and 5.00 p.m. 8.3 Any notice under this agreement to the Tenant shall be deemed sufficiently served if it is sent by registered post to the Property and shall be deemed to be received forty eight hours after posting 9. Deposit 9.1 The Tenant has paid to the Landlord s Agents the sum of [INSERT DEPOSIT AMOUNT] ("the Deposit") to be applied towards the discharge or part discharge of any liability referred to in this Agreement 9.2 The Landlord may deduct from the Deposit and pay to himself: any Rent or other payments due from the Tenant to the Landlord including advance rent that has fallen due and has not been paid and including also all sums due to the Landlord under clause a sum equal to any loss damage costs and expenses suffered or incurred by Landlord as a result of any failure by the Tenant to comply with his obligations under this Agreement at the end of the tenancy, any sum owing to the Landlord equivalent to rent in respect of any period of unauthorised occupation by the Tenant or anyone under his control any interest due under this Agreement or on any of the above at the Interest Rate from the date the payment is due to the date that it is deducted from the Deposit but shall not be obliged to do so 9.3 If the Landlord does apply the Deposit or part of it as authorised above the Tenant must at the Landlord's written request pay to the Landlord a further sum to restore the Deposit to the agreed amount 9.4 Subject to the provisions of clause 9.2 above the Landlord will return the Deposit or the balance of it to the Tenant within 1 month after the expiry of the tenancy 10. TDS Arrangements

8 10.1 Within 30 days of the commencement of the Tenancy the Landlord shall inform the Tenant of the Tenancy Deposit Scheme being used and give details of the Tenancy Deposit Scheme as required under the membership rules of the Tenancy Deposit Scheme 10.2 The Landlord will provide within 30 days of commencement of the Tenancy being received the information required under section 213(5) of the Housing Act 2004 as set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (ISI 2007/797) 10.3 The Landlord agrees that the Deposit shall be held in accordance with the rules of the TDS 10.4 The Landlord and Tenant agree that any interest accrued from the Deposit shall be paid to the Landlord 10.5 The Landlord shall inform the Tenant within fifteen working days of the tenancy ending if the Landlord intends to withhold all or part of the Deposit as detailed in clause The Landlord shall inform the Scheme Administrator within fifteen working days of the tenancy ending that the Deposit is to be repaid in the sums agreed between the Landlord and Tenant Signed by the Landlord in the presence of: Witness:

9 Address: Occupation: Signed by the Tenant in the presence of: Witness: Address: Occupation: