Assured Shorthold Tenancy Agreement

Transcription

1 Assured Shrthld Tenancy Agreement Fr letting a residential dwelling Ntes fr Landlrds and Tenants This Tenancy Agreement is fr letting furnished r unfurnished residential accmmdatin n an assured shrthld tenancy within the prvisins f the Husing Act 1986 as amended by part III f the Husing Act As such, this is a legal dcument and shuld nt be used withut adequate knwledge f the law f landlrd and tenant. This agreement may be used fr residential tenancies f three years r less. Agreements fr tenancies f a lnger duratin shuld be drawn up by deed. A Ntice f assured shrthld tenancy need n lnger be served n the Tenant fr new tenancies created n r after February 28, This agreement is prduced with due cnsideratin fr the Office f Fair Trading s Guidance n Unfair Terms in Tenancy Agreements. Ntes fr Tenants This tenancy agreement is a legal and binding cntract and the Tenant is respnsible fr payment f the rent fr the agreed term. The agreement may nt be terminated early unless the agreement cntains a break clause, r written permissin is btained frm the Landlrd. Where there are mre than ne Tenant, all legal bligatins fr rent and repair csts can be enfrced against all tenants jintly and against each individually. If yu are unsure f yur bligatins under this agreement, then yu are advised t take independent legal advice befre signing. Tenants must always be given the pprtunity t thrughly read and understand this Agreement befre cmpleting and signing it.

2 THIS AGREEMENT is made n the date specified belw BETWEEN the Landlrd and Tenant. It is intended that the tenancy created by this Agreement is and shall be an assured shrthld tenancy within the meaning f the Husing Act 1988 as amended by the Husing Act Date Landlrd(s) Landlrd Address / / 2003 Nte: Any ntice under Landlrd and Tenant Act 1987 s48 can be served n the Landlrd at the abve address. Tenant(s) Prperty Cntents Term The dwelling knwn as: The fixtures and fittings at the Prperty, tgether with any furniture, carpets, curtains and ther effects listed in the Inventry (where applicable) Fr the term f: Cmmencing n: / / 20 Rent Payment per calendar mnth Rental payments are due in advance and will be equal mnthly payments due n the day f the mnth First rental payment t be made n / / 2003 Depsit A Depsit f is payable upn the signing f this Agreement Premises are Furnished / Unfurnished (delete as apprpriate) 1. The Landlrd agrees t let and the Tenant agrees t take the Prperty and Cntents fr the Term at the rent payable as abve. 2. The Tenant pays the Depsit as security fr their perfrmance f the Tenant's bligatins and t pay an cmpensate the Landlrd fr any breach f thse bligatins. It is agreed that this sum shall nt be transferable by the Tenant in any way, and at any time against the payment f the Rent and that n interest shall be payable n this Depsit. The balance f the Depsit is t be paid t the Tenant nly after vacatin f the Prperty, such amunt t be assessed at the utging check upn terminatin f the Agreement.

3 3. (Tenants Obligatins) The Tenant agrees with the Landlrd: Rents and Charges T pay the depsit as requested fr security fr any lss r damage t the premises r cntents. The Depsit will be held by the Landlrd and will be refunded t the Tenant at the end f the Term (hwever it ends) at the frwarding address prvided t the Landlrd but less any reasnable deductins prperly made by the Landlrd t cver any reasnable csts incurred r lsses caused t him by any breaches f the bligatins in his Agreement by the Tenant. N interest will be payable t the Tenant in respect f the Depsit mney T pay the Rent n the days and in the manner specified t the Landlrd. Interest, t pay interest upn any late rental payments at X% abve base rate per day fr any amunts that are mre than seven days late, whether requested r nt. Insurance, the huse is insured by the Landlrd, but the Tenant is liable fr the first XXX, f any claim made which was the fault f the Tenant, r their guests. The Tenant(s) are respnsible fr the insurance f their wn cntents. Nt t d r permit anything t be dne which might make vid r vidable the insurance f the landlrd, r ccasin an increase in the premium. Any increase in the premium due t the Tenant(s) actins may be charged directly against them. T pay prmptly t the authrities t whm they are due, cuncil tax and utgings (including water and sewerage charges, gas, electric, telephne, light etc relating t the Prperty), including any which are impsed after the date f this Agreement and t pay the ttal cst f any recnnectin fee relating t the supply f water, gas, electricity and telephne if the same is discnnected. Use f the Prperty Nt t assign, r sublet, part with pssessin f the Prperty, r t let any ther persn live at the Prperty. T use the Prperty as a single private dwelling and nt t use it r any part f it fr any ther purpse nr t allw anyne else t d s. Nt t receive paying guests r carry n r permit t be carried n any business, trade r pssessin n r frm the Prperty. Nt t d r permit r suffer t be dne in r n the Prperty any act r thing which may be a nuisance damage r annyance t the Landlrd r t the ccupiers f the neighburing premises, r which may vid any insurance f the Prperty r cause the premiums t increase. Nt t keep any animals r birds r ther living creature n the Prperty withut the Landlrd's written cnsent such cnsent if granted t be revcable at will by the Landlrd. Nt t use the Prperty fr any illegal r immral purpse. Where the Landlrd's interest is derived frm anther lease ("the Headlease") then it is agreed that the Tenant will bserve the restrictins in the Headlease applicable t the Prperty. A cpy f the Headlease, if applicable, is attached That all rubbish is stred in apprpriate rubbish bins in a suitable place and made available fr cllectin That n dangerus items, including explsive r flammable materials be left lying arund the immediate neighburhd by yu and/r any member f yur husehld. T park cars in the predesignated parking spaces (where apprpriate) Nt t pssess drugs, r ther illegal items n the premises ther than ver the cunter drugs and drugs prescribed by a qualified medical practitiner.

4 Repairs Nt t damage r injure the Prperty and Cntents r make any alteratin r additin t it. Any redecratin is t be made nly with the prir written cnsent f the Landlrd r his Agent. T keep the interir f the Prperty and Cntents in gd clean cnditin and cmplete repair (damage by accidental fire and reasnable wear and tear excepted) and t keep the Prperty at all times well and sufficiently aired and warmed during the tenancy. This clause des nt blige the Tenant t put the Prperty int better repair than it was in the beginning f the tenancy. T immediately pay the Landlrd r his Agent the value f replacement f any furniture r effects lst r damaged r destryed r at the ptin f the Landlrd, replace immediately any furniture r effects lst, damaged r destryed, and nt t remve r permit t be remved any furniture r effects frm the Prperty. That the Landlrd r any persn authrised by the Landlrd r his Agent may at reasnable times n giving 24 hurs' ntice (unless in the case f an emergency) enter the prperty fr the purpse f viewing, inspecting its cnditin and state f repair r fr the purpse f repair, maintenance r repainting. Shuld the Tenant(s) fail t acknwledge a Landlrd ntice (requesting t carry ut repairs), the Landlrd may return after a perid f 10 days, and carry ut the repairs himself, with the Tenant being liable fr any csts. T keep the gardens (if any) including all driveways, pathways, lawns, hedges and rckeries, neat tidy and prperly tended at all times and nt remve any trees r plants and t keep any garage in gd rder. T replace all brken glass in drs and windws damaged during the tenancy. Nt t alter r change r install any lcks n any drs r windws in r abut the Prperty r have any additinal keys made fr any lcks withut the prir written cnsent f the Landlrd. T ntify the Landlrd, r the Landlrd's Agent, prmptly in writing f any disrepair, damage r defect in the Prperty r f any event which causes damage t the Prperty r which may give rise t a claim under the insurance f the Prperty. Nt t glue stick r therwise fix anything whatsever t the exterir r interir f the Prperty withut the Landlrd's written cnsent. T take all reasnable precautins t prevent damage by frst. In rder t cmply with the Gas and Safety Regulatins, it is necessary that the ventilatin prvided fr this purpse in the Prperty shuld nt be blcked that brwn r sty build up n any gas appliance shuld be reprted immediately t the Landlrd r the Landlrd's agent T keep the drains, waste pipes and gutters free frm bstructin and t keep the chimney (if apprpriate) swept as ften as necessary. Other Tenant Respnsibilities Nt t leave the Prperty vacant fr mre than 30 cnsecutive days and t prperly secure all lcks and blts t the drs, windws and ther penings when leaving the Prperty unattended. T infrm the Landlrd in writing f any perids ver days, when the premises will be left empty. In winter, the Tenant is respnsible fr turning ff the main water and draining the heating and water strage. T fully pay and cmpensate the Landlrd fr any csts expense lss r damage incurred r suffered by the Landlrd as a cnsequence f any breach f the Agreement n the part f the Tenant in this Agreement. Within the last tw mnths f the tenancy t permit the Landlrd r any persn authrised by the Landlrd r the Landlrd's agent at reasnable hurs in daytime t enter and view the Prperty with prspective Tenants r purchasers.

5 Nt t intrduce int the Prperty any prtable heaters fired by liquid r bttled gas fuels withut the Landlrd's prir written cnsent. That the Tenant shall be respnsible fr testing all smke detectrs (if any) fitted in the Prperty n a regular basis and replace the batteries as necessary. T clean the windws inside and ut at least nce every tw mnths. T give the Landlrd a cpy f any relevant pstal ntices r dcuments received cncerning the premises within 7 days f receiving them In particular, any ntice received under the Party Wall Act The Tenant agrees nt t d anything as a result f the ntice unless required t d s by the Landlrd. End f Tenancy T allw the Landlrd t affix a reletting sign t the premises, eight weeks prir t the terminatin f the tenancy, and allw the Landlrd r ther persns with the landlrds permissin t view the premises at reasnable hurs. T leave the Prperty and the Cntents at the end f the tenancy in the same places in which they were riginally psitined at the cmmencement f the tenancy. T arrange fr the Prperty t be prfessinally cleaned n the terminatin n the Tenancy. T pay fr any cleaning services that may be requires t reinstate the Prperty t the same rder that it was prvided at the cmmencement f the tenancy including the washing and irning r cleaning f all linen, carpets and curtains which shall have been siled during the tenancy. T prvide the Landlrd with a frwarding address when the tenancy cmes t an end If the Tenant(s) abandn the prperty withut telling the landlrd, the landlrd will enter the prperty, repair and clean if necessary and charge the Tenant accrdingly. The tenant agrees t pay all csts cnnected with the Landlrd(s) attempt t find their gegraphical whereabuts, including any curt fees. T leave the prperty at the end f the tenancy in gd repair and cnditin, upn the date s appinted and hand back all keys t drs, windws and any ther items, fr which the Landlrd will prvide the Tenant with a receipt. Ntice, the Tenant(s) must give at least ne mnths ntice t the landlrd, (after any fixed term f the tenancy agreement has ended), either by recrded pst t the Landlrds address, r in persn. If at any time: any part f the Rent is utstanding fr 14 days after becming due (whether frmally demanded r nt) and/r there is any breach, nnbservance r nnperfrmance by the Tenant f any cvenant r ther term f this Agreement which has been ntified in writing t the Tenant and the Tenant has failed within a reasnable perid f time t remedy the breach and/r pay reasnable cmpensatin t the Landlrd fr the breach and/r any f the grunds set ut as Grunds 2, 8 r Grunds 1015 (inclusive) (which relate t breach f any bligatin by a Tenant) cntained in the Husing Act 1988 Schedule 2 apply, the Landlrd may recver pssessin f the Prperty and this Agreement shall cme t an end. The Landlrd retains all his ther rights in respect f the Tenant's bligatins under this Agreement. Nte that if anyne is living at the Prperty r if the tenancy is an assured r assured shrthld tenancy then the Landlrd must btain a curt rder fr pssessin befre reentering the Prperty under the Husing Act This clause des nt affect the Tenant s rights under the Prtectin frm Evictin Act (Landlrd Obligatins) The Landlrd agrees with the Tenant that: Prvided the Tenant shall pay the Rent and perfrm the agreements n his part already referred t, the Landlrd shall permit the Tenant t have quiet enjyment f the Prperty withut unreasnable interruptin by the Landlrd r his Agent. The Landlrd will keep in repair:

6 the structure and exterir f the Prperty (including drains, gutters and external pipes); the installatins at the Prperty fr the supply f water, gas and electricity and fr sanitatin (including basins, sinks, baths and sanitary cnveniences); the installatin at the Prperty fr space heating and heating water But the Landlrd will nt be required t: carry ut wrks fr which the Tenant is respnsible by virtue f his duty t use the Prperty in a Tenantlike manner; reinstate the Prperty in the case f damage r destructin if the insurers refuse t pay ut the insurance mney due t anything the Tenant has dne r failed t d; rebuild r reinstate the Prperty in the case f destructin r damage f the Prperty by a risk nt cvered by the plicy f insurance effected by the Landlrd. All necessary cnsents have been btained t let the Prperty. The Landlrd will pay fr all Water rates, including sewerage rates, assessments and utgings in respect f the Prperty (except fr cuncil tax and charges fr the supply f gas r electricity, light and pwer r the use f any telephne). T insure the Prperty (building) and arrange fr any damage caused by an insured risk t be remedied and t prvide a cpy f the insurance plicy t the Tenant. The Landlrd will return t the Tenant any rent payable fr any perid during which the Prperty may have been rendered uninhabitable by fire r any ther risk which the Landlrd has insured. 5. Upn successful granting f a Curt Order, the Landlrd may reenter the Prperty and immediately thereupn the tenancy shall abslutely determine withut prejudice t the ther rights and remedies f the Landlrd, if the Tenant has nt cmplied with any bligatin in this Agreement r shuld the Rent be in arrears by mre than furteen days whether frmally demanded r nt. 6. The Landlrd agrees t carry ut any repairing bligatins as required by sectin 11 f the Landlrd and Tenant Act In this Agreement, unless the cntext therwise requires, the fllwing expressins shall have the fllwing meanings: "The Landlrd" includes the persns fr the time being entitled t the reversin expectant n determinatin f the tenancy "The Tenant" includes the successrs in title. Whenever there is mre than ne Tenant all cvenants and bligatins can be enfrced against all f the Tenants and against each individually. 8. The parties agree: The tenancy may be brught t an end if the mrtgagee requires pssessin n default f the brrwer under Grund 2, Schedule 2 f the Husing Act Ntice is hereby given that pssessin might be recvered under Grund 1, Schedule 2 f the Husing Act 1988 if applicable. That is, that the Landlrd used t live in the Prperty as his r her main hme, r intends t ccupy the Prperty as his r her nly r main hme. Befre the Landlrd can end this tenancy, he shall serve any ntice(s) n the Tenant in accrdance with the prvisins f the Husing Acts.

7 Any ntice served by the Landlrd n the Tenant shall be sufficiently served if sent by registered r recrded delivery pst t the Tenant at the Prperty r the last knwn address f the Tenant r left addressed t the Tenant at the Prperty. The Landlrd hereby ntifies the Tenant under Sectin 48 f the Landlrd & Tenant Act 1987 that any ntices (including ntices in prceedings) shuld be served upn the Landlrd at the address stated with the name f the Landlrd (shwn in the Cntacts sectin f this Agreement the address must be in England r Wales). Fr stamp duty purpses, the Landlrd and the Tenant cnfirm that there is n previus agreement t which this Agreement gives effect The Landlrd shall be entitled t have and retain keys fr all the drs t the Prperty but shall nt be entitled t use these t enter the prperty withut the cnsent f the Tenant (save in an emergency) Any ntices r ther dcuments shall be deemed served n the Tenant by either being left at the Premises r by being sent t the Tenant at the Premises by firstclass pst. If ntices r ther dcuments are served n the Tenant by pst they shall be deemed served n the day after psting 9. The Prperty is let tgether with the special cnditins listed belw and the First Schedule attached heret Special Cnditins: =================================================================================== SIGNED BY THE LANDLORD(S) In the presence f: (r the Landlrd's Agent) Name Address Occupatin Witness signature In the presence f: SIGNED BY THE TENANT(S) Name Address Occupatin Witness signature

8 FIRST SCHEDULE This Schedule will nt be included as part f the Tenancy Agreement unless signed by bth the Tenant(s) and the Landlrd (r Agent acting n the Landlrd's behalf) The Landlrd has authrised the items listed belw t be included in the prperty as part f the furnishings. They will be prvided t the prperty as sn as they can reasnably be prcured: The Landlrd has authrised that the fllwing wrks r repairs t the prperty will be carried ut as sn as reasnably practicable: Signature f Tenant(s) Date Signature f Landlrd (r Landlrd's Agent) Date

9 Cntact Details The Landlrd's Cntact Pstcde: Telephne: The Tenant(s): First Tenant: Pstcde: Telephne: First Tenant's Guarantr: Pstcde: Telephne: Secnd Tenant: Pstcde: Telephne: Secnd Tenant's Guarantr: Pstcde: Telephne: