Tenancy Agreement. With deposit protection from the Deposit Protection Service. for the property at:

Transcription

1 Tenancy Agreement With deposit protection from the Deposit Protection Service for the property at:

2 Contents This agreement sets out the conditions of your tenancy. You should read it carefully to make sure it includes everything you need to know and nothing that you are not prepared to agree to. If you are not sure about something in this agreement, you should get independent legal advice before you sign it. Your landlord will probably print out two copies of this agreement for you both to sign one for the landlord to keep (known as the counterpart ) and the other for you to keep (known as the original ). This agreement is in ten parts. Each part contains numbered sentences known as clauses. Each clause has a heading which describes what that clause refers to. Part Page 1 Definitions 3 2 Main terms of this agreement 5 3 General clauses 6 4 Tenant s responsibilities 7 5 Landlord s responsibilities 11 6 The Deposit 12 7 Inventory and Condition 13 8 Ending the tenancy 13 9 Special terms Signatures 17 2

3 1. Definitions The tenancy agreement uses some legal terms. The list of definitions below aims to help explain some terms that you may find in this tenancy agreement ( the Agreement ). Term The Property The Building The Landlord The Tenant Joint and several Guarantor The Term of the Tenancy The Deposit Stakeholder for deposit Contents Our permission The Inventory DPS ADR The Agent Month Meaning This includes any parts of the flat, gardens, paths, fences, boundaries or other outbuildings that belong to us and form part of the tenancy. When the tenancy is part of a larger building, the Property includes the right to use shared access and other similar facilities. If the Property is part of a larger building, such as a flat in a block of flats, this term means that building and any of its grounds. This includes the person or people who own the Property. This includes anyone who is entitled to use the Property under the terms of the Agreement. If this is a joint tenancy you are all responsible (separately and jointly) for the tenants responsibilities. This is known as joint and several liability. Joint and several liability means that you are both individually and jointly liable for paying rent and for all other tenants responsibilities during the Agreement. This is someone who agrees to meet your responsibilities under this Agreement if you do not keep to them (for example, paying your rent). How long the tenancy lasts as set out in this agreement and shown in clause 2(vi). The money you give the Agent in case you fail to keep to any of the terms of this Agreement. This money will be protected in a deposit scheme approved by the Government. Either the Landlord or the Agent will hold the money during the tenancy or we will send it to one of the three Government deposit schemes to hold during the tenancy (see below). The Landlord or Agent can only take money from your deposit at the end of the tenancy if you agree, or unless a county court decides otherwise. Any of our furniture, furnishings, carpets, sanitary ware (which includes toilet bowls, cisterns, baths, basins, showers and other fittings), decorative features, electrical equipment, other equipment or any floor, ceiling or wall including anything listed in any inventory we supply (see below). If the Agreement states you need our permission to do something, you must ask us to give you our permission in writing to avoid misunderstandings later. The document we have had prepared showing details of our fixtures, fittings, furnishings, equipment and so on, including the condition of the property in general. We will rely on the inventory at the end of the tenancy to assess any damage (other than reasonable wear and tear), so you should check it carefully at the start of the tenancy. The Deposit Protection Service the Government deposit scheme we have selected for this tenancy. Alternative Dispute Resolution - methods used to help parties resolve a dispute without issuing a claim in the court. The managing agent we ask to manage the Property and tenancy on our behalf. One calendar month not just four weeks. 3

4 1. Definitions (Continued) The tenancy agreement uses some legal terms. The list of definitions below aims to help explain some terms that you may find in this tenancy agreement ( the Agreement ). Profession Deep Clean Standard means: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) (xviii) (xix) (xx) (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) (xxviii) (xxix) (xxx) Ceilings to be dusted down to remove cobwebs and light deposits All walls to be wiped down using a suitable detergent to remove all marks and stains Vacuum and chemically clean carpets to remove all marks and stains Hard floors to be stripped, re-sealed and buffed Damp clean door surfaces with a suitable detergent to remove all marks and stains The build-up of dirt and grime to be removed from around door casings and skirting boards Clean all internal windows, frames and ledges with a suitable detergent to remove all marks and stains Remove and clean light diffusers to remove dust and surface soiling Blinds to be cleaned to remove all marks and stains Damp clean all furniture surfaces, inside and out, with a suitable detergent to remove all marks or stains Remove all sofa and armchair cushions and vacuum clean the base frame Remove mattresses from bed frames and vacuum clean all mattress surfaces Wash shower screens and remove water scaling Damp clean all horizontal and vertical surfaces, including ceilings, within the shower pods with a suitable detergent to remove grime, marks and stains Clean and clear traps and overflows of all extraneous materials Remove shower heads and de-scale to meet current legislation and to ensure a suitable/adequate flow of water including descaling Steam clean the en-suite shower pods and tiled surfaces to remove all soap or solids build-up on grouting Sanitise and de-scale toilet pans, wash hand basins and shower bases and ensure these are free of watermarks Clean removable filters to extractor fans Clean all internal and external surfaces of all landlord appliances Chemically clean sofa and chairs and any soft furnishings to remove all marks and stains Clean all external cooker surfaces with a suitable de-greasing agent to remove stains and marks; Chemically clean all internal surfaces of ovens Defrost and remove fridge/ freezers from their normal positions and dean all external surfaces Remove all shelves, holders and trays from the fridges/ freezers and clean to remove all stains and marks Clean sink and draining boards to remove all stains and marks from all surfaces including taps, plug holes, plugs, overflow outlets Mop and dry vinyl or ceramic floor surfaces with a suitable detergent to remove all marks and stains Waste bins to be disinfected and cleaned to remove all dirt and grime Clean exterior and interior of all kitchen wall and base units Ensure all balconies and decking are clean and well maintained, generally free of accumulated dirt, grime and organic growths 4

5 2. Main terms of this tenancy agreement i. Date of this agreement: ii. iii. iv. The Property: The Landlord: The Tenant: v. The Agent: O Connor Bowden Property Management (Manchester) Limited t/a O Connor Bowden (OCB) of 1-2 Damaz Building, Sharp Street, Manchester M4 5BZ (hereinafter called the Agent ) vi. The Term: months beginning on and ending on vii. The Rent: You must pay the rent on the day of every calendar month for the term of the tenancy. All payments to be made by way of Standing Order, Bacs or Direct Debt into the Agent s bank account, details of which will be provided to the Tenant by the Agent. viii. The Deposit: You must have paid a deposit in cleared funds of prior to signing this Agreement. The DPS will hold your deposit. Any interest on it will be paid to us. The terms and conditions of the DPS and ADR rules governing the protection of the deposit including the repayment process can be found at The DPS holds the deposit in respect of any unpaid rent, damage to the Property, any unpaid gas, electricity, water, telephone charges or any sum payable by the landlord to the Local Authority in respect of any Tenant payment obligation due and/or due in respect of any breach of the Tenant of the obligations under this agreement. See also Part 6 below. ix. The Inventory: The list of the Landlord s possessions at the Property which has been signed on behalf of the Landlord and the Tenant, a copy of which is annexed to this Agreement 3. General clauses i. Housing Act 1988 This Agreement is for an assured shorthold tenancy as defined in Section 19A of the Housing Act 1988 as amended by the Housing Act Section 21 of this Act sets out the conditions under which we can take the Property back. ii. iii. Our address for serving notices Section 48 of the Landlord and Tenant Act 1987 says that we must give you an address where you can serve a notice (or notices) on us if you need to in relation to this agreement. Please use the Agent s address shown in clause 2(v) on page 5. Serving notices If either the Landlord or the Tenant serve a notice under this Agreement, we will treat it as being served properly if it is delivered by hand or sent by recorded or registered delivery or by first class post. We will assume it has been received two working days after the date it was posted. However, if it is delivered by hand before 5pm, it will be treated as being served on the next working day. If a notice if not served properly it will not be valid. iv. Data protection a) The Tenant agrees that the Landlord or the Agent may provide the Tenant s name, address and other details to third parties including but not limited to: referencing companies; utility providers; the local authority; online tenancy processing agents and the appropriate tenancy deposit protection scheme provider. The Tenant acknowledges that this information may be processed on servers outside of the United Kingdom. b) The Tenant gives the Tenancy Manager permission to share all information supplied in the application file to the Landlord without further express permission. 5

6 4. Tenants responsibilities The Tenant will: 4.1 Pay the rent at the times and in the manner set out in clause 2(vii) above. 4.2 Pay interest at the rate of 3% per annum above the Bank of Scotland s base rate (which we work out each day) on any rent or other money due from the Tenant which remains unpaid for more than 14 days, interest to be paid from the date the payment fell due until payment. 4.3 Not to withhold your rent or any other amounts due under this Agreement just because we or the Agent are holding your deposit. 4.4 a. To pay on demand any bank charges we are charged by our bank if your cheque, direct debit or standing order is cancelled or not paid for any reason. b. To pay on demand an application fee to the Agent in line with open market rates and to be subject to review on 01 June every year. c. To pay on demand to the Agent a check out fee of To register with the council tax department or any other relevant office of the local authority to pay council tax for the term of the tenancy. 4.6 To register with gas, electricity, water and telephone companies (and sewerage if applicable) and pay all charges for these services for the term of the tenancy. At the end of the tenancy you must arrange for the utility companies to take final meter readings for these services but do not ask the companies to cut the supply off. 4.7 Pay promptly to the authorities and utility companies to whom they are due all council tax, and all outgoings (including water charges, gas, electricity, telephone and other similar charges) including any similar outgoings or charges imposed after the date of this Agreement which relate to the Tenant s use and occupation of the Property, and pay the costs of any re-connection fee for services if they are disconnected due to the Tenant s failure to comply with this clause. Where necessary the sums demanded by the authorities or utility companies will be apportioned according to the duration of the tenancy. The sums covered by this clause include standing charges or other similar charges and VAT as well as charges for actual consumption. 4.8 Not to change the supplier or provider of any of the services to the Property or install any coin operated, prepaid card or key operated meters without the written consent of the Agent (which will not be withheld unreasonably). 4.9 To pay the television licence, cable television or satellite television charges (if you have any of these) for the term of the tenancy Not make any alteration or addition to the inside or outside of the Property in anyway apart from any redecoration or painting to the inside of the Property to a good standard and in a colour that the Agent approves in writing prior to you carrying out this work (consent not to be withheld unreasonably) Keep the contents of the Property (whether itemised on the inventory or not) to include the electrical, lighting, hot water or heating installations and the interior of the Property in a good and clean state and condition and not damage or injure the Property or its contents or any electrical, lighting, hot water or heating installations (fair wear and tear excepted). For the avoidance of doubt it is specifically agreed that the Tenant will be responsible for all and any damage (excluding fair wear and tear) caused by any persons residing in or visiting the Property. You must not remove these items from the Property Advise the Agent promptly of any damage to the contents or replace them with items of similar value and appearance and advise the Landlord as soon as possible of any repairs for which he is responsible or of any notice or order made affecting the Property Keep the drains, pipes and gutters clear, and take all reasonable steps to prevent any part of the water draining and heating systems becoming frozen during the winter months. The Tenant to pay (so far as is reasonable) for all losses suffered by the Landlord and any neighbours as a result of the Tenant s failure to comply with this covenant Keep the chimney swept (if appropriate), not use any form of heating other than the heating system provided without the Landlord s prior written consent (not to be unreasonably withheld), and in particular not use any oil or gas fires Keep the inside of the Property and all fixtures and fittings in good and clean condition (excluding fair wear and tear). 6

7 4. Tenants responsibilities (Continued) 4.16 Keep the garden (if any) weeded and tidy and the grass cut Clean, or have cleaned, all the windows you can reasonably reach on the premises (inside and out) at least once a month and within the last 14 days of the end of the tenancy Replace and pay for all broken glass as soon as possible if the breakage was your or a visitor s fault Replace all fuses, bulbs and fluorescent tubes when you need to and make sure that all light bulbs and fluorescent tubes work at the end of the tenancy Appropriately qualified contractors must be used to carry out any of your responsibilities to repair or maintain the Property Report in writing any repairs or faults that you believe the Landlord is responsible for as soon as possible. You may be held liable for any loss or costs, including legal costs, which are incurred as a result of a repair or fault that you have not reported Not leave the Property vacant for more than 30 consecutive days without notifying the Landlord, either in advance or, in the case of emergency, as soon as possible, and secure the Property properly when leaving it unattended. If you plan to leave the Property vacant for more than 30 consecutive days you must leave a key with the Agent in case there is an emergency where we or the Agent may need to get in to the Property Not do anything on or at the Property which (a) may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby premises and/or (b) is illegal or immoral and/or (c) may in any way affect the validity of the insurance of the Property and its contents or cause an increase in the premium payable by the Landlord. The Tenant to pay (so far as is reasonable) for all losses suffered by the Landlord as a result of the Tenant s failure to comply with this covenant Not allow or keep any pet or any kind of animal at the Property Not to smoke inside the Property or permit others to smoke Not to use the Property or the building for anything illegal or immoral. Not to use the Property or the building for any registered trade or business. To use the Property as a private residence only Not assign, sublet, charge or part with or share possession or occupation of the Property (but see clauses 6 and 7) Pay the Landlord s and the Agent s reasonable legal and other costs and expenses incurred as a result of any breaches by the Tenant of his or her obligations under this Agreement to include payment a. Allow the Landlord or the Agent or anyone with the Landlord or Agents written permission to enter the Property at reasonable times of the day to inspect its condition and state of repair, carry out any necessary repairs and gas inspections or, during the last two months of the tenancy lease term, show the Property to prospective new tenants, provided the Landlord or Agent has given at least 24 hours written notice beforehand (except in an emergency). 429 b. If after an inspection under clause 4.29(a), clause 7.3 or clause 7.4, the Landlord or Agent serves on the Tenant a notice of disrepair, the Tenant must carry out the work shown in the notice within seven days of receipt of the notice. If the Tenant does not do the work within seven days, the Landlord or Agent may enter the Property and carry out the work and charge the Tenant for the cost of the work 4.31 Not to fix any aerial or satellite dish on the premises or the building or install cable television or telephone cables without first getting the Landlord s or Agent s permission in writing. You must pay all costs involved (including removing an aerial or dish at the end of the tenancy) Not to remove the furniture, equipment and belongings shown in the inventory from the Property without getting the Landlord s or the Agent s permission in writing first Not to fix any posters, pictures, photographs or ornaments to the walls, ceilings or woodwork with nails, glue, sticky tape, Blu-tac or similar fixings except a reasonable number of picture hooks. To repair or pay us the reasonable costs of repairing any unreasonable damage, marks or holes caused by, or as a result of, removing any fixings Not to block any shared passageways, hallways and staircases, or keep any bicycle, pushchair or other item in any shared area in the building without first getting the Landlord s or Agent s permission in writing. Not to hang any clothes or other items on the outside of the Property or in any shared garden unless the Landlord or Agent has provided written permission in advance You cannot make any claim against the Landlord for compensation, unless it is covered by insurance for any damage our agents, workmen or other staff cause; a fault in any pipes, staircase or anything in the Property or building; anything which any caretaker does or does not do; any inconvenience you suffer when the Landlord carries out work to the Property or building such as decorating or carrying our repairs or alterations; or any effect that the lift has on your television or other electrical equipment. 7

8 4. Tenants responsibilities (Continued) 4.35 You cannot make any claim against the Landlord for compensation, unless it is covered by insurance for any damage our agents, workmen or other staff cause; a fault in any pipes, staircase or anything in the Property or building; anything which any caretaker does or does not do; any inconvenience you suffer when the Landlord carries out work to the Property or building such as decorating or carrying our repairs or alterations; or any effect that the lift has on your television or other electrical equipment To give copies of any notices, documents, proceedings or letters which relate to the Property to us as soon as you receive them Take reasonable measures to keep the Property free of infestations of vermin, fleas or parasites. The Landlord or Agent will charge you to rid the Property of any infestation caused by something you have or have not done During the last month of the fixed term (and not later than 28 days before the end of the fixed term), provide written notice to the Landlord or the Agent whether you intend to stay in the Property or whether you intend to leave at the end of the fixed term The tenant is required to book an exit appointment with the Tenancy Manager no less than 7 days prior to tenancy lease end date Yield up the Property and its contents and return the keys at the end of the Term in the same clean state and condition it/they was/were in at the beginning of the Term, with the Landlord s furniture and effects and all items on the inventory (if any) in the same rooms that they were at the start of tenancy. However the Tenant will not be responsible for fair wear and tear caused during normal use of the Property and its contents or for any damage covered by and recoverable under the insurance policy effected by the Landlord Provide the Agent with a forwarding address when the tenancy comes to an end so that the Landlord or Agent can contact you to give you back your deposit or part of it (the amount will depend on any charges brought against you because, for example, you have damaged part of the Property) Arrange and pay for the Property to be cleaned to a Professional Deep Clean Standard as at tenancy lease end date 4.43 Repair any damage to the Property or to the furniture and fittings (including replacing them if necessary) if you, or a member of your household or one of your visitors caused the damage. You will be charged the cost of any repair or replacement of any furniture of fittings if you fail to do so Repair any wall or other surfaces on which you have hung photographs, pictures, posters etc To remove your personal belongings and any rubbish and leave the Property and the Landlord s furniture, fixtures and fittings in good condition. If you leave personal belongings in the Property at the end of the tenancy the Landlord or Agent can choose to either remove any of your belongings that you leave behind; or charge you rent at the rate set out in this Agreement until you remove your personal belongings and hand back all the keys to the Property and building. You may be charged extra costs if we cannot check the inventory because you have not removed your personal belongings Pay the cost of redecorating any rooms or part of the Property which you decorated or changed without our written permission To arrange for any electricity, gas, water and telephone meters to be read immediately before the end of the tenancy and pay any outstanding amounts you owe the companies who provide these services (including cable and satellite television) up to and including the day the tenancy ends Arrange for the return of any television of other equipment or appliance you have hired or rented to the company you rented it from. 8

9 5. Landlord s Responsibilities The Landlord will: 5.1 Allow the Tenant peaceably to hold and enjoy the Property during the term without unreasonable interruption from the Landlord or any person rightfully claiming under or in trust for the Landlord, subject to the Landlord s right to take any lawful steps to enforce his rights against the Tenant if the Tenant breaks any of the terms of this Agreement. 5.2 Insure the Property and the items listed on the Inventory (if any) and use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as possible. The Landlord will provide a copy of the insurance policy to the Tenant. 5.3 Section 11 of the Landlord and Tenant Act 1985 as amended by Section 116 of the Housing Act 1988 applies to this Agreement. The Landlord will keep in repair the structure and exterior of the Property (including drains gutters and external pipes) and keep in repair and proper working order the installations at the Property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) and for space heating and heating water, save that the Landlord will not be required to carry out works for which the Tenant is responsible by virtue of his duty to use the Property in a tenant-like manner or reinstate the Property in the case of damage or destruction if the insurers refuse to pay out the insurance money due to anything the Tenant has done or failed to do or to rebuild or reinstate the Property in the case of destruction or damage of the Property by a risk not covered by the policy of insurance effected by the Landlord. 5.4 Ensure the Property is in a clean and tidy condition before the tenancy starts and make sure all appliances are in a good condition and working properly. 5.5 Not increase the rent within the initial term of the Agreement as shown in clause 2(vi) above. 5.6 Take reasonable steps to make sure the gas and electrical appliances and other similar mechanical appliances in the Property for which the Landlord is responsible work properly. The Landlord will repair them at the start of and during the tenancy as long as the repairs are needed as a result of reasonable wear and tear. 5.7 Not to charge you rent if the insurers consider that you cannot live in the Property because of damage to it or the building by any insured risk and the damage is not the fault of the Tenant. The Tenant will not have to pay rent until they can live in the Property again. The Tenant will not be paid any compensation if they cannot live in the Property and are not paying rent. 6. The Deposit The Landlord and Tenant agree as follows: 6.1 The Deposit will be held by DPS and will be refunded to the Tenant at the end of the Term (however it ends) but less any reasonable deductions properly made by the Landlord to cover any reasonable costs reasonably incurred by or losses caused to him by any breaches of the Tenant s obligations under the Agreement. No interest will be payable by the Landlord to the Tenant in respect of the Deposit. 6.2 The Landlord may take some money from the Deposit to pay for any or all of the following reasons: Damage to the Property and fixtures and fittings or to the building caused by the Tenant or which result from the Tenant breaking the terms of this Agreement (apart from reasonable wear and tear) Any missing items for which the Tenant is responsible Any professional cleaning needed at the Property at the end of the Agreement Any rent or other money the Tenant has not paid as a condition of this Agreement If the Tenant breaks any other term of this Agreement If any of the fees set out at clause 4.4 above remain unpaid 6.3 The Deposit shall be repaid to the Tenant, at the forwarding address provided to the Agent, as soon as reasonably practicable after the Tenant has vacated the Property. However the Agent shall not be bound to return the Deposit until he is satisfied that no money is repayable to any utility companies and until after he has had a reasonable opportunity to assess the reasonable cost of any repairs required as a result of any breaches of the obligations by the Tenant or other sums properly due to the Landlord under clause 6.1 above, save that except in exceptional circumstances the Agent shall not retain the Deposit for more than one month. 6.4 The Tenant should notify the Landlord in writing if they plan to disagree with any of the amounts that the Landlord or Agent plan to take from the Deposit within 10 working days of receiving the notice of the amounts that the Landlord plans totake. 9

10 7. Inventory and Condition The Landlord and Tenant agree as follows: 7.1 The Landlord or their Agent will be responsible for arranging for an inventory and schedule of condition of the Property. 7.2 The inventory and schedule of condition will be checked at the start of the Agreement. If the Tenant does not attend the appointment they will be provided with a copy of the inventory and schedule of condition report and be allowed a period of five working days from the commencement date to comment or request any amendments are made to the inventory or report. 7.3 The Tenant will permit access four weeks after the tenancy lease commencement date and a maximum of six weeks prior to tenancy lease end date for the Landlord and Agent to inspect 7.4 The Tenant will permit access at any time for the Landlord or its Agent to inspect provided the Tenant has received a minimum of 24 hours notice in writing beforehand 7.5 In the event the Landlord carries out maintenance, repairs or renewal that requires the tenant check in schedule of condition and inventory, or any part thereof, agreed at lease commencement to be updated, the Landlord or Agent will identify all changes and include comments and supporting visual evidence (e.g. photographs) of the changed condition and the Tenant will be allowed a period of five working days from the date of receipt of the updated schedule of condition and inventory report to comment or request amendments. 7.6 The Property will be inspected at the end of the tenancy and any changes to the condition as recorded in the Tenant check in schedule of condition and inventory, or any part thereof, agreed at lease commencement will be identified by the Landlord or Agent, including comments and supporting visual evidence (e.g. photographs) of the changed condition. Whether or not the Tenant attends the inspection, the Tenant will be allowed to comment or request amendments up to 24 hours prior to lease end. 7.7 If the Tenant fails to sign and return the check in inventory and schedule of condition following any of the inspections set out in the preceding clauses within the timeframe provided, the Tenant is deemed to have accepted the inventory and schedule of condition as accurate. 8. Ending this Agreement The Landlord and Tenant agree as follows: 8.1 The Tenant cannot normally end this Agreement before the end of the fixed term. However after the first three months of the fixed term, if the Tenant can find a suitable alternative tenant, and provided this alternative tenant is acceptable to the Landlord (the Landlord s approval not to be unreasonably withheld) the Tenant may give notice to end the tenancy on a date at least one month from the date that such approval is given by the Landlord. On the expiry of such notice, provided that the Tenant pays to the Landlord the reasonable expenses of vat incurred by the Landlord in granting the necessary approval and in granting any new tenancy to the alternative tenant, the tenancy shall end. 8.2 If the Tenant wishes to end the Agreement at the end of the fixed term, he will have to provide one month s written notice before the end of the fixed term, the notice to expire at the end of a rental period. 8.3 The Tenant will pay on demand a fee of vat if he requests that the Landlord enter into a new Agreement with him at the end of the fixed term. 8.4 The Protection from Eviction Act 1977 protects the Tenant from the Landlord ending this Agreement immediately. The Landlord must obtain a court order to repossess the Property if you break the Agreement and the Tenant has failed to put it right or sort out the problem in a reasonable time. The Tenant is advised to seek further information from a solicitor or the Citizen Advice Bureau. 8.5 The Landlord is entitled to repossess the Property, and this Agreement will end immediately, if the Tenant: Does not pay all or any of the rent 14 days after it was due, whether or not the Landlord has formally asked you to pay it; Does not keep to any significant agreement or major responsibility in this Agreement; Has a bankruptcy order made against them or their guarantor, or the Tenant transfers your estate or signs any deed of arrangement for the benefit of their creditors; or Leaves the Property and does not mean to return. 10

11 8. Ending this Agreement (Continued) 8.6 A court will grant the Landlord possession if any of the circumstances mentioned in the following grounds (reasons) shown in the Housing Act 1988 (as amended by the Housing Act 1996) applies: Ground 8 At both the time that we give notice that we will start court proceedings and at the time of the court proceedings the Tenant is still: - At least eight weeks behind with your rent if you pay rent every week or every fortnight; - At least two months behind with your rent if you pay rent every month; - At least three months behind with your rent if you pay rent every three months; - At least three months behind with your rent if you pay your rent each year. The court might grant the Landlord possession in the following circumstances: Ground 10 At both the time the Landlord gives notice that we will start court proceedings and at the time of the court proceedings the Tenant owes some rent. Ground 11 The Tenant has a history of often being behind with the rent. Ground 12 The Tenant has broken one or more of your responsibilities under the Agreement. Ground 13 The condition of the Property or the shared areas of the building of which the Property is part of has deteriorated because of the behaviour of the Tenant or that of any other person living there. Ground 14 The Tenant, or someone living or visiting the Property, has been guilty of causing a nuisance or annoying neighbours. Or, a person living with or visiting the Tenant has been convicted of using the Property, or allowing it to be used, for illegal purposes or has committed an offence which is one they can be arrested for in the Property or in an area near the Property. Ground 15 The condition of the furniture has deteriorated because it has been badly treated by the Tenant or someone living at the Property. Ground 17 The Landlord gave the Tenancy to the Tenant after they or a person acting on their instructions gave a false statement. If any of these conditions apply, the Landlord may re-enter the Property and the Tenancy will end. However, if any of these conditions apply and the Tenant is living in the Property the Landlord will not repossess the Property without getting a court order first. 8.7 The Tenant must give the Landlord at least two months notice in writing to end the Tenancy. The notice must not end before the last date of the Tenancy and must end of the day before the rent is due. The Tenant will still be legally responsible for paying the rent and for all other responsibilities under the Agreement until the notice ends and the Tenant has moved out of the Property. 11

12 9. Other terms 9.1 For stamp duty purposes, the Landlord and the Tenant confirm that there is no previous agreement to which this Agreement gives effect. 9.2 The Landlord hereby notifies the Tenant under Section 48 of the Landlord & Tenant Act 1987 that any notices (including notices in proceedings) should be served upon the Landlord at the address stated with the name of the Landlord overleaf. 9.3 The condition of the Property and its contents, whether scheduled or not on the inventory, shall be deemed to be correct and in good serviceable order unless the Landlord is notified to the contrary within three days of occupation or as soon as practicable. Oral notification must be confirmed in writing by the Tenant within seven days. 9.4 The Tenant shall not be entitled to withhold payment of any rent or any other money due to the Landlord on the ground that the Agent has the Deposit in his possession. 9.5 Any notices or other documents shall be deemed properly served on the Tenant during the Agreement by either being left at the Property or by being sent to the Tenant at the Property by first class post. 9.6 Any person other than the Tenant who pays all or part of the rent to the Agent shall be deemed to have paid this as agent for and on behalf of the Tenant which the Landlord shall be entitled to assume without enquiry. 9.7 The Landlord and the Agent shall be entitled to have and retain keys for all the doors to the Property but shall not be entitled to use these to enter the Property without the consent of the Tenant (save in an emergency). If the Tenant fails to return the keys at the end of the Agreement, he will be responsible for the cost of having new locks fitted and keys cut. 9.8 The Landlord means the person from time to time entitled to receive the rent, the Tenant includes any person deriving title under the Tenant, the Property includes any part or parts of the Property and all of the Landlord s fixtures and fittings at or upon the Property, the Term means the period stated in the particulars overleaf or any shorter or longer period as appropriate, and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation. 9.9 With reference to Ground 17 of the 1996 Housing Act, in the event that the Tenant specified on this Agreement has produced fraudulent information on their reference application form, the Landlord or the Agent will seek possession of the Property. Signatures The Landlord or the Agent will print out two copies of this Agreement for the Tenant to sign one for the Landlord to keep (known as the counterpart ) and the other for the Tenant to keep (known as the original ). Important by signing this Agreement, you agree that you have read and accepted the full conditions of the Agreement. The clauses in part 2 on page 5 set out the rent you have agreed to pay and the length of the Agreement, our (as the Landlord) and your (as the Tenant) details, the Property this Agreement applies to and the Deposit you have agreed to pay. By law, you must keep to the terms in this Agreement once you and we have signed and dated both parts of the Agreement. Signature of the Landlord (or agent on their behalf) Signature of the Tenant(s) 12