ASSURED SHORTHOLD TENANCY AGREEMENT

Transcription

1 ASSURED SHORTHOLD TENANCY AGREEMENT 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 both signed and dated and initial funds as detailed within the body of this agreement have been paid. 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. The Inventory and Schedule of Condition should be checked carefully at the commencement of the tenancy and agreed with the Landlord or his Agent within seven days of the commencement of the tenancy. FAILURE TO AGREE THE INVENTORY AND SCHEDULE OF CONDITION WITHIN SEVEN DAYS OF COMMENCEMENT, OR RECEIPT OF THE INVENTORY (WHICHEVER IS LATER) IT WILL BE DEEMED TO HAVE BEEN ACCEPTED AND AGREED BY THE TENANT AND THAT THESE DOCUMENTS ARE FAIR AND ACCURATE AND THAT THE LANDLORD OR NLA RENT ON TIME LIMITED MAY RELY ON THEM AS BEING CORRECT AND ACCURATE AT THE END OF THE TENANCY. 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. NLA Rent on Time is acting for the Landlord and is not a party to this Agreement The Name and Address of the Agent who arranged this tenancy is: NLA Rent on Time 19 Grosvenor Street Chester Cheshire CH1 2DD Tel: info@nlarentontime.org.uk Website: Page 1/14

2 Part 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 Name(s) of LANDLORD(S): 1.3 ADDRESS of Landlord(s): A Landlord is required by law to notify Tenants of his address, anywhere in the world, prior to making demands for rent, or where any formal notices relating to legal proceedings may be sewed upon the Landlord, by the Tenants If the address given at 1.3 above is not in England or Wales then the address given at 1.4 below should be considered, for such purposes as required by sections 47,and or 48 of the Landlord and Tenant Act 1987, to be the Landlord's address 1.4 Alternative ADDRESS of Landlord (if applicable): 1.5 Name(s) of TENANT(S): 1.6 ADDRESS of Tenant(s): 1.7 NAME and ADDRESS of GUARANTOR: Of 1.8 ADDRESS of PREMISES to be LET: (subject to the letting) to include furniture, fixtures and fittings as described in the Inventory and Schedule of Condition. 1.9 EXCLUSIONS from the Let premises (eg. Garage or other outbuildings, etc.) None 1.10 Initial TERM of the tenancy will be: COMMENCEMENT date; from and including: EXPIRY date; to and including: Page 2/14

3 1.11 Permitted Occupiers: 1.12 RENT per calendar month Rent is payable in advance and is due upon the day of each calendar month and the first payment in cleared funds, bankers draft, credit transfer, Switch or credit card (the latter subject to surcharge) is to be made on or before the signing of this agreement Subsequent payments to be made by Standing Order 1.13 A security DEPOSIT of is to be paid on or before the signing of this agreement in cleared funds, bankers draft, credit transfer, Switch or credit card (the latter subject to surcharge) 1.14 NLA Rent on Time will hold the security deposit referred to in clause 1.13 as STAKEHOLDER between the parties. NLA NLA Rent on Time is a member of the Tenancy Deposit Scheme. Any interest earned WILL belong to the Agent 1.15 Deposit Managed Clients Money All clients/tenants deposit money is held in a client account in the following account under the name Rent on Time Clients Deposit Account: HSBC Bank Plc, 47 Eastgate Street, Chester, Cheshire CH1 1XW Sort code: Account no: There are no parking spaces provided with the Property which form part of the Tenancy. TENANTS ADDITIONAL CHARGES 1.17 NLA Rent on Time will make additional charges for services provided to the Tenant at the commencement, during and at the end of this tenancy as follows: a) Tenants reference. If the Tenant authorises a bank, building society, letting agent or any other financial institution or insurance company to seek a reference from NLA Rent on Time then upon giving such a reference a fee of 30 including VAT will be due from the Tenant and may be deducted from the Tenant's deposit by NLA Rent on Time Limited b) Rent on Time s charges to the Tenant for extending a tenancy. In the event the Tenant requests an extension to the tenancy then the Tenant will pay the sum of including VAT to NLA Rent on Time Limited to cover the costs of NLA Rent on Time Limited in negotiating the extension, preparing the necessary memoranda to confirm the extension. In the event that the extension does not proceed, the fee is refunded in full. c) Late payment of rent or dishonoured cheques or credit card payments charge. If the debt collection department of NLA Rent on Time Limited is required to issue a reminder for payment of rent or an unpaid Standing Order, a dishonoured cheque or credit card a charge in each case a fee of 30 including VAT which will be deducted from the Tenant's deposit Tenants Contents Insurance The signature on this agreement acknowledges that the Tenant has been recommended to takeout Tenants contents insurance to cover his/her own contents and possessions. The tenant has a liability to the landlord for damage to the Landlords fixtures and fittings for a minimum of The following are SPECIAL or ADDITIONAL CLAUSES negotiated between the parties Notwithstanding Clauses to the contrary it is agreed between the Landlord and the Tenant that smoking is not permitted within the property for the duration of the tenancy and any extensions thereto 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 Binding Date 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 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 Page 3/14

4 Landlord Tenant Guarantor Permitted Occupier Credit Card Joint and several Superior Landlord Head or Superior Lease Fixtures and Fittings The term of the Tenancy (security) Deposit held as stakeholder Consent of the Landlord or his agent Water charges Utilities Tenant/s requests in writing Stamp Duty Masculine and feminine in singular & plural Agent Member ICE Month/Monthly 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 A person, or persons, named as Tenants in this agreement who at any relevant time are entitled to occupy the premises under the terms of this tenancy agreement The person who guarantees that the Tenant will perform the obligations of this tenancy agreement and if the Tenant fails to meet those obligations the guarantor will meet the obligations in full A permitted occupier is any person whose name/s appear in Clause They are not a party to the tenancy and have no rights to the Property but must obey the obligations of a Tenant's guests. The permitted occupier/s must leave the Property when the named Tenant/s leave the Property. The provision of details of your credit card/debit card in the tenancy agreement will permit the Landlord's agent to guarantee debit this card to cover rent payments or other obligations of the Tenant that have not been met in accordance with the terms of the tenancy agreement during the tenancy. The Tenant's rights with regards to the operation of the credit card are in no way affected and they have the protection of the credit card company's procedures to prevent incorrect or fraudulent mis-use of the credit card details A maximum of four people can be such joint Tenants. Obligations to be undertaken by more than one person are joint liability and several obligations which means that each Tenant is individually responsible for the Tenants undertakings and restrictions in this agreement and each Landlord is individually responsible for the Landlord's obligations in this agreement 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 Means a Lease (if any) under which the Landlord himself holds, or owns the premises and which contains the lease obligations of which the Landlord, or his Tenants in turn, are bound References to fixtures and fittings relate to any of the Landlord's furniture, furnishings, sanitary ware, decorative fittings, 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 References to the term of the tenancy include any extension or continuation, or any statutory periodic tenancy which may arise following the end of the period set out in clause 1.10 This means that at the end of the tenancy, the two parties to the tenancy agreement should jointly agree on the apportionment of any deductions from the deposit, e.g. for costs or compensation for damage, or for breaches of, or failure to comply with, the Tenant's obligations. Any portion in dispute will not be paid over to, or taken by, either party until and unless mutual agreement is reached, or unless an appropriate third party makes a decision. (See arbitration clause) Where the consent of the Landlord or NLA Rent on Time is required for the Tenant to carry out some action it is strongly recommended that where such consent is sought and granted the Tenant makes their request and obtains confirmation in writing so as to avoid misunderstandings or disputes at a later date This includes charges, rates or costs relating to water, sewerage and environmental services This includes charges, rates or costs relating to telephone, gas, electricity, oil and Council Tax It is strongly recommended that all Tenant's requests to the Landlord or his agent are made in writing and any consent or approval made by the Landlord or his agent to the Tenant will be made in writing. A receipt of a written request by the Landlord or his agent during a Saturday/Sunday or bank holiday will be actioned on the next full working day Failure to have the Original of this agreement or the Counterpart (eg. either half) stamped (if required) by HM Revenue & Customs 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 HM Revenue & Customs leaflet No, SDLT1Land Transaction-Return) Any reference to either one gender includes the other and any reference in the singular shall include the plural, if appropriate NLA Rent on Time Limited, their successors or assigns who are acting as agents on behalf of the Landlord. The agent is not a party to this agreement Member of the Tenancy Deposit Scheme The Independent Case Examiner of The Dispute Service Ltd Means a calendar month Page 4/14

5 Inventory and/or Schedule of Condition Adjudication Initial Rent and Deposit payments Subsequent monthly rental payments This refers to any document prepared by the Landlord, the agent or an inventory clerk and provided to the Tenant detailing the Landlords fixtures and fittings, furnishing, equipment, etc., the decor and condition of the premises generally. Such a document may subsequently be relied upon at the end of the tenancy in assessing damage or compensation for damage (over and above fair wear and tear) and so should be checked carefully at commencement of the tenancy. Failure to agree the inventory and schedule of condition within seven days of commencement, or receipt of the inventory (whichever is later) it will be deemed to have been accepted and agreed by the tenant and that these documents are fair and accurate and that the landlord or his agent may rely on them as being correct and accurate at the end of the tenancy. In order to avoid misunderstandings or disputes later, it is strongly recommended that this notification is in writing and a copy kept for future reference The purpose of the adjudication is to enable an independent expert to establish a fair position with regard to the return of the deposit as between Landlord and Tenant in the event they fail to agree voluntarily at the end of the tenancy. The adjudicator will be appointed by the Dispute Service Rent and deposit payments have to be made by cleared funds prior to commencement of the tenancy. This means that a personal or business cheque must be presented to NLA Rent on Time Limited in time to allow seven working days for the banking system to clear that cheque and we must have received notification that the money has been credited to our account before the tenancy can start. Alternatively bankers drat or credit transfer can take place direct to our account. WE DO NOT ACCEPT CASH All subsequent monthly rental payments and insurance premiums and other monies due under this agreement are to be made by Standing Order Part 2 1. ASSURED SHORTHOLD TENANCY It is confirmed that this agreement is intended to create an Assured Shorthold Tenancy under the Housing Act AGREEMENT TO LET The Landlord agrees to let and the Tenant agrees to take the Property, with the rights for the Tenant set out in Part 1 for the Term, at the Rent 3. COMPLIANCE WITH AGREEMENT The Tenant and the Landlord agree with each other to comply with the requirements of this agreement 4. RENT AND INTEREST 4.1 Obligation to pay The Tenant must pay the Rent, whether formally demanded or not, during the Term by equal monthly payments of clear of all deductions, in advance, to NLA Rent on Time Limited by standing order to the following account: HSBC NLA Rent on Time Limited Clients Deposit Account Sort Code: Account Number: Payment days The first payment of rent must be made on for the first monthly period and each subsequent payment must be made on of each month for the period beginning on the date when the payment is due. 4.3 Apportionment Any payment for less than a month is to be apportioned on a daily basis and will include the last day of the month. 4.4 Set Off The Tenant must not exercise any right or claim to withhold rent or in respect of legal or equitable set-off. 4.5 Interest on sums not paid The Tenant must pay interest at the Interest Rate on any rent or other payment lawfully due under this agreement that is not received by NLA Rent on Time by 14 days after the payment was due. This interest is payable from the date on which payment of the rent or other payment was due to the date of actual payment, both before and after any court judgment. 5. OUTGOINGS 5.1 Payments to be made by the Tenant The Tenant must pay and protect the Landlord against any loss arising from the Tenant's failure to pay: the council tax, or any tax replacing it, payable in respect of the Property; Page 5/14

6 5.1.2 all water and sewerage charges and metered payments in respect of the supply of water to the Property; all charges for gas and electricity consumed on or supplied to the Property and (as to electricity where a two-part tariff is in force) the standing charge or charges and any meter rent; all charges made for the use of telephones on the Property, including rental, and any additional charges for repair, maintenance and reconnection; the amount of the BBC television licence fee and of any other charges for cable, Sky or satellite or other television services for the Property; and if VAT or any tax of a similar nature is or becomes chargeable in respect of any payment made by or supply to the Tenant under this agreement, or any tax, charge or imposition becomes payable in respect of the Property because of any act or omission of the Tenant, the amount of the VAT, tax, charge or imposition. 5.2 Accounts The Tenant must make sure that all accounts issued by relevant authorities or suppliers are issued to and made out in the name of the Tenant for the duration of this tenancy. The Tenant must pay all such accounts within a reasonable period of receipt of them. If any service or facility is disconnected for non-payment of an account, the Tenant must pay the re-connection charges and protect the Landlord against any loss arising from the disconnection. 6. REPAIRS ETC 6.1 The Landlord's obligations Structure and exterior: The Landlord must keep the structure and exterior of the Property including the pipes, sewers, drains, mains, ducts, conduits, gutters, wires, cables, channels, flues and other conducting media inside and serving the Property in good repair and condition Other matters: The Landlord must keep in repair and proper working order the installations for the supply of water, gas, electricity, for sanitation (including basins, sinks, baths and sanitary conveniences), and for space and water heating. Independently connected electrical appliances such as electric fires, heaters, radio or television sets, from and including the plug connecting them to the main electricity system, are the Tenant's responsibility Landlord and Tenant Act 1985: The Landlord must comply with the Landlord and Tenant Act 1985 Section 11 as to his responsibility for repairs in the Property in so far as any obligations have inadvertently not been expressly set out in this clause The Tenant's obligations Repair: The Tenant must keep the inside of the Property (including the doors, window frames and glass in windows, doors and skylights) in a good state of repair and condition and properly maintained and must replace all broken glass, light bulbs and fuses and the Tenant must carry out in the Property all works of repair that are not the responsibility of the Landlord under this agreement or by statute Decoration: The Tenant must maintain the existing state of decorative condition of the interior of the property including walls, window frames and doors and must not damage the walls with nails, pins, glue or adhesive putty, although if any such damage does occur the tenant must make it good by immediate repair and decoration in a workmanlike manner Blocking of pipes: The Tenant must keep the pipes, sewers, drains, ducts, conduits, gutters and watercourses inside or only serving the Property free from obstruction and in working order and the lavatories properly cleaned Appliances: The Tenant must keep all electrical, radio, television, video and other domestic appliances, security alarms and smoke detectors in good working order, except for installations that are the responsibility of the Landlord under clause Housing Benefit: To be liable at any time to re-imburse the Landlord or the Agent any sums which the Landlord or his Agent is required to re-pay to the local authority in respect of Housing Benefit/ Local Housing Allowance which has been paid direct to the Landlord or his Agent on behalf of the Tenant, and accepted in good faith, but is subsequently found to have been paid incorrectly or as a result of fraud, error or ineligibility of the tenant. 7. GENERAL MAINTENANCE 7.1 Cleaning and tidying The Tenant must keep the Property reasonably clean and tidy and clear of all rubbish The Tenant must provide and use a waste container, place all waste in it and ensure that it is regularly emptied by the local authority The Tenant must clean the windows and the glass in any exterior doors as often as is reasonably required. 7.2 Care of the Grounds The Tenant must keep any part of the Property that is not built on ('the Grounds') in good condition, keep all garden areas properly cultivated and weeded and the grass mown regularly during the growing season, keep all ditches and drains free from obstruction Except for private motor cars on the drive, the Tenant must not keep any vehicle, boat or caravan or movable dwelling on the Grounds, or store anything on them that is untidy, unclean, unsightly or in any way detrimental to the Property or to the area generally The Tenant must not deposit any waste or rubbish on the Grounds except for domestic waste in waste bins and usual seasonal garden waste which may be composted The Tenant must keep the fences and hedges properly trimmed and keep the gates in good repair and working order. 7.3 Repair of garden structures The Tenant must keep all structures in the garden in good repair and condition and painted or otherwise treated as and when necessary Page 6/14

7 8. ALTERATIONS 8.1 Additions and alterations The Tenant must not damage or injure the Property, make any addition to the Property, unite the Property with any adjoining premises, or make any alteration to the Property. 8.2 Connection to services The Tenant must not make any connection with the pipes, sewers or drains in the Property or extend the wiring. 8.3 Telephone disconnection The Tenant must not allow or arrange for the telephone to be disconnected or removed from the Property. The Tenant must not change the telephone without prior written permission from the Landlord (which should not unreasonably be withheld). 8.4 Alterations to the garden The Tenant must not alter the design style or layout of the garden, grass over existing beds or create new beds without prior written permission from the Landlord. 9. RIGHTS OF ENTRY The Tenant must allow the Landlord and Agents, with any necessary contractors, to enter the Property at all reasonable times upon 24 hours prior notice in writing, or in the event of emergency at any time without notice, causing as little inconvenience to the Tenant as reasonably practicable and making good any damage caused to the Property and the Tenant's property for the following purposes: 9.1 to view the state and condition of the Property; 9.2 to carry out any repairs that are necessary by virtue of the Landlord's responsibilities under this agreement or by law; 9.3 to carry out works that may be required to repair or to make alterations or improvements that are minor and do not disadvantage the Tenant or are required by law to the Property or the electrical wiring, gas and water pipes, sewers or drains in or under the Property or any part of it; 9.4 to carry out repairs, alterations, improvements, rebuilding or other works to any adjoining property that can only be carried out by having access to the Property or the electrical wiring, gas and water pipes, sewers or drains in or under or serving the Property; and 9.5 during the 3 months before the anticipated date of the end of the Term, to inspect the Property with interested parties with a view to proposed sale or letting and to fix and retain in a reasonable position on the Property a board advertising the Property for sale or re-letting. 10. NOTICE TO REPAIR 10.1 Service of notice The Landlord may give to the Tenant or, despite the requirements of this agreement as to notices, leave on the Property, a notice specifying the works required to remedy any breach of the Tenant's repairing obligations in this agreement ('a notice to repair'). The Tenant must carry out the works specified in the notice as soon as reasonably practicable Default provision If the Tenant has not started to carry out the work referred to in a notice to repair within a reasonable period from the service of the notice to repair, or is not proceeding diligently with it, or if the Tenant fails to finish the work within a reasonable time the Tenant must allow the Landlord to enter the Property and carry out the outstanding work. The Tenant must pay to the Landlord the reasonable cost of doing this and all expenses properly incurred by the Landlord, within 14 days of a written demand and if not so paid the Landlord may apply the Deposit towards the cost but shall not be obliged to do so Disputes Any dispute as to whether repairs are necessary, the time taken to carry them out or the cost of repairs and amount of associated expenses may be referred to an independent surveyor acting as an expert. In default of agreement the surveyor shall be appointed by or on behalf of the President for the time being of the Royal Institution of Chartered Surveyors. 11. APPEARANCE OF THE PROPERTY 11.1 Aerials The Tenant must not erect any poles or masts on the Property or install any cables or wires outside it, whether in connection with telecommunications or otherwise or allow anyone under his control to do so except with the Landlord's consent which is not to be unreasonably withheld or delayed Signs and advertisements The Tenant must not display anywhere on the Property any placard, sign, notice, fascia board or advertisement or allow anyone under his control to do so except with the Landlord's consent which is not to be unreasonably withheld or delayed Curtains and blinds The Tenant must not remove the curtains or blinds from the windows except for cleaning and decorating Decoration Page 7/14

8 The Tenant must not re-decorate the property in any form, without prior written consent from the landlord. 12. DEALINGS 12.1 Dealings with the Property This agreement is personal to the Tenant. The Tenant must not assign, sublet or part with or share possession of the Property or any part of it. In particular the Tenant must not enter into any agreement or arrangement by which anyone in occupation of the Property may become entitled to an assured tenancy or other security of tenure under the Housing Act USE AND NUISANCE 13.1 Residential use The Tenant must not use the Property except as a single private residence for occupation by the Tenant personally and the Tenant's family and reasonable visitors and no other person Nuisance The Tenant must not do anything or allow anything to be done on the Property, or allow anything to remain on it that may reasonably be considered to be or likely to become or cause a nuisance or annoyance, disturbance, inconvenience, injury or damage to the Landlord or his tenants or the owners or occupiers of adjacent or neighbouring property Auctions, trades and immoral purposes The Tenant must not use the Property or allow it to be used for any auction sale, any dangerous, noxious, noisy or offensive activity, or any illegal or immoral act or purpose, and must not carry on any trade, business, manufacture or commercial activity on it Pets The Tenant must not keep or allow any animal, bird or reptile at the Property without the Landlord's prior written Noise The Tenant must not play any musical instrument or device and must not allow noise from a radio, television set, compact disc, tape or record player or sound production system of any kind or any machine or equipment to be heard outside the Property in such manner that may cause a disturbance after hours or before hours on any day. 14. COSTS OF ENFORCEMENT The Tenant must pay the Landlord's reasonable costs, fees, charges, disbursements and expenses properly incurred in relation to or incidental to: 14.1 recovery or attempted recovery of arrears of rent or other sums due under this agreement; and 14.2 any steps taken in contemplation of or in direct connection with the preparation and service of a schedule of dilapidations (being a document containing details of alleged breaches of the Tenant's obligations in relation to the state and condition of the Property) during or after the end of the Term. 15. NOTICES AND INFORMATION The Tenant must give notice to the Landlord as soon as reasonably practicable of: 15.1 any disrepair of, or damage to, the Property or to any substantial item comprised in the Contents; 15.2 any notice or order he receives from a local or statutory authority in respect of the Property; and 15.3 any act or encroachment by a tenant or occupant of any adjoining or neighbouring property or a third party that might adversely affect the Landlord's interest in the Property. 16. KEYS, SECURITY AND UNOCCUPIED PREMISES 16.1 Security The Tenant must keep the Property secure and the security alarms (if provided) set at all appropriate times Change of locks or codes The Tenant must not change the locks or security codes without the prior written consent of the Landlord (which must not be unreasonably withheld or delayed), and must supply the Landlord with a set of keys or the new code immediately upon replacement Loss of keys or codes The Tenant must report to the Landlord immediately he becomes aware of the fact if keys or security codes or devices are lost or compromised during the Term and must take immediate steps to provide new keys or new security codes or devices, supplying the Landlord with a set of keys or the new code or device immediately upon replacement. Page 8/14

9 16.4 Frost damage If the Property is to be left unoccupied for more than 48 hours the Tenant must, at his own expense, take all reasonable steps that are necessary or directed by the Landlord or the Agents to protect the water and central heating systems in the Property from damage by frost Unoccupied premises If the Property is to be left unoccupied for more than 6 weeks the Tenant must notify the Landlord and the Agent, any company responsible for security devices, and the company insuring the Property is to be unoccupied, and take such steps as they may reasonably prescribe Return of keys etc The Tenant must hand over to the Landlord all keys and security devices or codes by 12 noon on the date the Term ends. 17. COSTS Inventory and Schedule of condition The Landlord must pay the costs of preparing a schedule of condition of the premises at the beginning of the Term. The Landlord must pay the costs of checking the schedule of condition of the premises at the end of the Term. It is the responsibility of the Landlord and Tenant to check and agree the Inventory and schedule of condition. 18. GIVING BACK POSSESSION AT THE END OF THE TERM 18.1 Giving back possession The Tenant must give vacant possession of the Property back to the Landlord at the end of the Term in the state of repair, decoration and condition specified Making good To the extent the Tenant does not comply with the obligations specified in clause 18.1 the Tenant must make good any lack of repair, decoration or condition or cleanliness or pay reasonable compensation to the Landlord and must replace or pay for any of the Contents that have been broken, damaged or lost Use of the address The Tenant must not give the address of the Property in any telephone or directory during the Term, and must take all reasonable steps to ensure that no communications to or for the Tenant are directed to any telephone or computer at the Property after the Tenant has vacated Items left The Tenant will be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left in the Property at the end of the Term. The Landlord will remove and store the items for a maximum of one week. The Landlord will notify the Tenant that this has been done at the Tenant's last known address. If the items are not collected within one week, 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. 19. PAYMENTS FOR A PERIOD OF UNAUTHORISED OCCUPATION 19.1 Unauthorised occupation A period of unauthorised occupation is any period (including any day or part of a day) outside the Term during which either: the Tenant or anyone under his control remains in occupation of the Property, or leaves any belongings or property in the Property other than small items left accidentally that can easily and cheaply be removed; or the keys to the Property have not been returned to the Landlord or the Agents, unless as a result of accident or serious illness to the Tenant Damages For any period of unauthorised occupation the Tenant must pay to the Landlord an amount calculated at a rate equivalent to the Rent that would have been payable for the Property for that period plus interest at the Interest Rate. 20. NON-DISTURBANCE The Landlord must permit the Tenant peaceably to hold and enjoy the Property during the tenancy created by this agreement without any interruption or disturbance from or by the Landlord or any person claiming under or in trust for him. 21. INSURANCE 21.1 Warranty as to convictions The Tenant warrants that before the signature of this agreement he has disclosed to the Landlord in writing any conviction, judgment or finding of any court or tribunal relating to the Tenant of such a nature as to be likely to affect the decision of any insurer or underwriter to grant or continue insurance of any risk against which the Property is insured. Page 9/14

10 21.2 The Landlord's obligation to insure Insurance The Landlord must keep the Property but not the Tenant's personal property insured unless the insurance is rendered void or made invalid by any act of the Tenant or anyone under his control. The insurance may be taken out in such insurance office, or with such underwriters, and through such agents as the Landlord from time to time decides Sum insured Risks Insurance must be taken out for the full cost of rebuilding and reinstating the Property. Insurance must be taken out against damage or destruction by fire, storm, tempest, earthquake, lightning, explosion, riot, civil commotion, malicious damage, terrorism, impact by vehicles and by aircraft and articles dropped from aircraft, flood damage and bursting and overflowing of water pipes and tanks and any other risks, whether or not of the same nature, that the Landlord reasonably decides to insure against from time to time to the extent that such insurance may ordinarily be arranged for properties such as the Property, subject to such excesses, exclusions or limitations as the insurer requires Suspension of rent If and whenever the Property or any part of it is damaged or destroyed by any risk against which it is insured so as to be unfit for occupation and use the Rent, or a fair proportion of it according to the nature and extent of the damage sustained, shall be suspended until the Property, or the affected part, has been rebuilt or reinstated so as to be fit for occupation and use. This provision does not apply where payment of the insurance money is wholly or partly refused because of any act or default of the Tenant or anyone under his control Reinstatement and termination The Landlord must if practicable reinstate the Property and replace the Contents or any part damaged or destroyed by any risk against which it is insured, provided that the damage or destruction was not due to any act or omission of the Tenant or anyone under his control and the insurance policy has not been rendered void or invalidated by such an act or omission. If, at the end of 2 months from the date of the damage or destruction, the Property is still not fit for the Tenant's occupation and use, either the Landlord or the Tenant may at any time during the following 2 months serve a notice to terminate this agreement. On service of such a notice, the Term is to end but this shall not affect any rights or remedies that may have already accrued to either party. All money received in respect of the insurance taken out by the Landlord under this agreement is to belong to the Landlord absolutely Tenant's obligations as to insurance The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance taken out by the Landlord in relation to the Property and the Contents may become void or voidable or invalidated or by which the rate of premium on the policy may be increased. 22. RECOVERY OF POSSESSION 22.1 Notice The Landlord may terminate this agreement by giving the Tenant 2 months' notice in writing stating that he requires possession. After the notice has expired and after the end of the period of 6 months from the start of the Term or after the end of the fixed term granted by this agreement if later the Landlord and/or NLA Rent on Time may commence proceedings to obtain a court order for possession Grounds for seeking possession If and whenever during the Term: the Rent is unpaid for 14 days after becoming due whether formally demanded or not; or there is a breach by the Tenant of any obligation or other term of this agreement; or the grounds for possession in the Housing Act 1988 Schedule 2 Part I Grounds 2 (tenancy subject to prior mortgage) or 8 (at least 2 months' rent arrears) or the Housing Act 1988 Schedule 2 Part II Grounds 19 (some rent due), 11 (persistent delay in paying rent), 12 (other breaches of obligation), 13 (committing acts of waste or neglect) or 14 (causing nuisance or annoyance) apply94; or the Tenant becomes bankrupt, has an administration order made in respect of his assets, has a receiver appointed, makes an arrangement for the benefit of his creditors or has any distress or execution levied on his goods, then the Landlord and/or NLA Rent on Time may bring a court action to recover possession of the Property, even if any previous right to do so has been waived Interest on sums due on recovery of possession If the Landlord recovers possession of the Property under clause 22.2, the Tenant must pay to NLA Rent on Time and/or the Landlord interest at the Interest Rate on any outstanding rent or damages properly due to NLA Rent on Time and/or Landlord from the date on which the rent fell due (whether a formal demand has been made for it or not) or the breach of obligation or the relevant event occurred in each case to the date of payment. This provision shall apply to sums payable under this agreement for any period of unauthorised occupation. 23. SAFETY REGULATIONS 23.1 Fire safety The Landlord confirms that all furniture and furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended. Page 10/14

11 23.2 Gas appliances safety regulations The Landlord has and the Tenants have complied with the Gas Safety (Installation and Use) Regulations 1998 and an appropriate Gas Safety Certificate is available at his address for inspection by the Tenant Electrical appliances safety regulations The Landlord confirms that all electrical appliances and equipment supplied by him are safe so as not to cause danger and all electrical appliances and equipment manufactured 24. VAT All sums due to be paid by the Tenant under this agreement are expressed exclusive of VAT, and the Tenant must in addition pay the full amount of any VAT or other similar tax on those sums for which the Landlord or other person entitled to the payments is from time to time accountable. 25. EXCLUSION OF WARRANTY AS TO USE Nothing in this agreement or in any consent granted by the Landlord under this agreement implies or warrants that the Property may lawfully be used under the Town and Country Planning Act 1990 as modified or re-enacted from time to time for the purpose authorised in this agreement or any purpose subsequently authorised. 26. ENTIRE UNDERSTANDING This agreement embodies the entire understanding of the parties relating to the Property and to all matters dealt with by this agreement. 27. REPRESENTATIONS The Tenant acknowledges that this agreement has not been entered into in reliance wholly or partly on any statement or representations made by or on behalf of the Landlord except any such statement or representation expressly set out in this agreement. 28. SIGNATURE OF LICENCES Whilst the Landlord is a limited company or other corporation all licences, consents, approvals and notices required to be given by the Landlord shall be sufficiently given if signed by a director, the secretary or other duly authorised officer of the Landlord or by the Agents. 29. LANDLORD'S DETAILS The Tenant is notified for the purposes of the Landlord and Tenant Act 1987 Sections 47 and 48 that the name and address of the Landlord is that the name and address of the receiver of rent is the Landlord. and 30. RIGHTS AND EASEMENTS The operation of the Law of Property Act 1925 Section 62 is excluded from this agreement. The only rights granted to the Tenant are those expressly set out in this agreement, and the Tenant is not to be entitled to any other rights affecting any adjoining property of the Landlord. 31. COVENANTS RELATING TO ADJOINING PROPERTY The Tenant is not to be entitled to the benefit of any covenant, agreement or condition entered into by any tenant of the Landlord in respect of any adjoining property of the Landlord, or the right to enforce or prevent the release or modification of any such covenant, agreement or condition. 32. EFFECT OF WAIVER Each of the Tenant's agreements is to remain in full force both at law and in equity even if the Landlord waives or releases that agreement on any occasion or waives or releases any similar agreement affecting any of his adjoining property. 33. THE TENANCY DEPOSIT 33.1 Payment The Tenant must pay the Deposit of to NLA Rent on Time at HSBC Bank Plc to be protected as security towards the discharge or part discharge of any liability referred to in clause 33.2 and subject to this on trust for the Tenant absolutely. The deposit is held by NLA Rent on Time Limited as Stakeholder and NLA Rent on Time Limited is a member of the mydeposit Scheme Purpose of the Deposit The Deposit has been taken for the following purposes: 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 fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy, insured risks and repairs that are the responsibility of the landlord. Page 11/14

12 The reasonable costs incurred in compensating the landlord for, or for rectifying or remedying any major breach by the tenant of the tenant s obligations under the tenancy agreement, including those relating to the cleaning of the premises, its fixtures and fittings. 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. Any rent or other money due or payable by the tenant under the tenancy agreement of which the tenant has been made aware and which remains unpaid after the end of the tenancy Restoration of the Deposit If the Deposit or part of it is applied as authorised by clause 33.2 and in accordance with the terms of the Scheme, the Tenant must, at the Landlord's written request, pay the Landlord a further sum to restore the Deposit to the agreed amount stated in the Particulars and the Landlord shall comply promptly with his obligations under the Scheme in relation to this further sum At the End of the Tenancy The Agent/Member must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the Deposit. If there is no dispute the Member/Agent will keep or repay the Deposit, according to the agreed deductions and the conditions of the tenancy agreement. Payment of the Deposit or any balance of it will be made within 10 working days of the Landlord and the Tenant agreeing the allocation of the Deposit. The Tenant should try to inform the Member/Agent in writing if the Tenant intends to dispute any of the deductions regarded by the Landlord or the Agent as due from the deposit within 20 working days after the termination or earlier ending of the Tenancy and the Tenant vacating the property. The period may not be reduced to less than 14 days. The Independent Case Examiner ( ICE ) may regard failure to comply with the time limit as a breach of the rules of TDS and if the ICE is later asked to resolve any dispute may refuse to adjudicate in the matter. If, after 10 working days following notification of a dispute to the Agent/Member and reasonable attempts having been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit the dispute will be submitted to the ICE for adjudication. All parties agree to co-operate with the adjudication. The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by the clauses above. 34. NOTICES 34.1 Method of service Any notice to be served on the Landlord or the Tenant may be served by registered post, first class post, recorded delivery, fax or . If served on the Landlord, a notice should be served at the address mentioned in clause 29 or on the Agents, and if served on the Tenant should be served at the Property or at the address of the Tenant mentioned in this agreement Delivery Any notice sent by post, in the absence of details of delivery or other recording, shall be deemed to be served on the third working day after posting. A notice served by fax or by shall be deemed to be served on the day of transmission if transmitted before on a working day, and if transmitted later shall be deemed to have been served on the next following working day. 'Working day' means any day from Monday to Friday inclusive other than Christmas Day, Good Friday and any other statutory bank or public holiday Service on solicitors Any notice or document shall also be sufficiently served on a party if served on the party's solicitors if they have been in correspondence with the other side in relation to this agreement or the Property at any time within 3 months preceding the service of the notice or document. The provisions concerning time of service contained in clause 34.2 shall apply accordingly. 35. SEVERANCE CLAUSE If any term of this agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected. 36. JURISDICTION The Landlord and the Tenant agree that this agreement shall be exclusively governed by and interpreted in accordance with the laws of England and Wales and to submit to the exclusive jurisdiction of the English Courts. 37. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 This agreement shall not operate to confer any rights on any third party and no person other than the parties to it may enforce any provision of this agreement by virtue of the Contracts (Rights of Third Parties) Act RENT REVIEW Page 12/14

13 If this tenancy extends for longer than twelve months, or shall have been extended by agreement for a period longer than twelve calendar months, then the rent shall be increased at the expiration of the first twelve calendar months and at the end of each successive period of twelve months (if the tenancy should continue for that long) by an amount of 2% over the retail price index (all items index) calculated from the month immediately prior to the rent review date, subject to a maximum increase of 6% per annum and the new rent thereby calculated will substitute the rent referred to in this agreement and will be paid from the anniversary by Standing Order as required under this agreement. In witness whereof the parties hereto have signed this agreement the day and year before written : EXECUTED as a Deed by, for or on behalf of EXECUTED as a Deed by In the presence of:- In the presence of:- Witness Name Witness Name Address Address Occupation Occupation GUARANTOR S CONTRACTUAL GUARANTEE DO NOT SIGN THIS AGREEMENT IF YOU DO NOT WANT TO BE BOUND BY IT This contractual guarantee is supplemental to the Assured Shorthold Tenancy Agreement for the tenancy to: Names of Tenants: Currently residing at For a Property to be let to the Tenants at: Name of Guarantor Address: In consideration of the Landlord agreeing to my/our request to accept the above named person/persons as Tenants of the above named Property and having read and understood the terms of the attached Tenancy Agreement, the guarantor agrees to; a. Fully indemnify the Landlord for any loss, damage, costs or other expenses arising either directly or indirectly out of any breach of the agreement or any extension or continuation of the tenancy including any rental increase agreed between the Landlord and Tenant provided the guarantor is notified of the tenancy extension by the Landlord or any person acting on his behalf. Page 13/14

14 b. To the guarantee, this guarantee is irrevocable and shall continue beyond the guarantor s death or bankruptcy throughout the period the premises are occupied by the Tenant or any licence and is not limited to the terms specified in the agreement. c. If the Tenant defaults during the initial term or an extension renewal or continuation of this agreement, or the Tenant is declared bankrupt and the Tenant s trustee in bankruptcy elects to disclaim the agreement, then on written demand the guarantor will indemnify the Landlord against all losses, claims, liabilities, costs and expenses arising out of or in connection with that default or disclaimer, or incurred by the Landlord in connection with the default or disclaimer and pay to the Landlord or his agent within 7 days of being properly demanded all monies legally due under this agreement. d. It is agreed that the guarantor s liability under this clause will not be discharged or affected by any act of neglect, leniency or giving of time by the Landlord endeavouring to obtain payment or any enforcement of the Tenant s covenants. If the Tenant surrenders any part of the Property, the guarantor s liability will continue in respect of the part not surrendered. Any liability accumulated at the date of surrender will continue unaffected. e. The guarantor agrees to waive any right the guarantor has to cancel this guarantee commencing from the date of this guarantee and allowed under the Consumer Protection (Distant Selling) Regulations 2000 so that the Tenant may enter into the tenancy agreement within the 7 working days cooling off period. If you do not understand this Agreement or the attached Tenancy Agreement or anything in it, it is strongly suggested that you ask for an explanation before you sign it. You might consider consulting a Solicitor, Citizens Advice Bureau or Housing Advice Centre. Signed:.. Witnessed: Print name and address of Witness:.. Date:. Page 14/14