ASSURED SHORTHOLD TENANCY AGREEMENT
For letting a furnished dwelling house/Flat on an Assured Shorthold Tenancy under Part 1 of the Housing
Act 1988 as amended by the housing Act 1996
This agreement is made the day of 2008
1 Particulars
1.1 Parties The Landlord : Mr & Mrs Blanchard, Mayhills, Stoner Hill Rd, Froxfield,, Petersfield , GU32 1DX
The "Landlord" shall include the Landlord's successors in title and assigns. This is the person who would be entitled to possession of the property if the tenant was not in possession and could be the current landlord or someone purchasing or inheriting the property.
1.1.2 The Tenant
(1)
(2)
(3)
(4)
(5)
……………………………………………………………………………………………………………..
1.1.3 The Guarantor
(1)
(2)
(3)
(4)
(5)
……………………………………………………………………………………………………………………………
Where the party consists of more than one person the obligations apply to and are enforceable against them jointly and severally.
1.2 The Landlord's Agent
The "Landlord's Agent" shall mean an agent or such other agents as the Landlord may from time to time appoint.
1. 3 The Landlord lets and the Tenant takes the Property for the Term at the Rent payable upon the terms and conditions of this agreement.
1.4 This agreement is intended to create an Assured Shorthold Tenancy as defined in Part 1 of the Housing Act 1988 (including any subsequent amendments). These tenancies do not guarantee the Tenant any right to remain in possession after the fixed term (subject to a minimum occupancy of six months).
1.5 It is agreed that no Notice under paragraph 2 of Schedule 2A to the Housing Act 1988 has been given. If this Notice had been given the tenancy would have been a non-shorthold Housing Act tenancy.
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1.6 Property
1.6.1 The property situated at and being at
together with the fixtures, fittings, furniture and effects therein and more
particularly specified in the Inventory signed by the Tenant and all grounds. It
shall include the right to use, in common with others, any shared rights of
access, stairways communal parts, paths and drives.
1.7 Term
1.7.1 The Term shall be for a definite period of eleven months from and including 1st August 2008 to and including 30th June 2009 .
1.7.2 If the Tenant remains in the Property beyond the end of the initial fixed term and
no new fixed term tenancy comes into being then the Tenant will have a
Statutory Periodic Tenancy by virtue of Section 5 of the Housing Act 1988.
1.7.3 The "Term" is to include any extension or continuation of the fixed term or a
Statutory or Contractual Periodic Tenancy.
1.8 Rent
1.8.1 The Rent shall be £ per calendar month, payable in advance.
1.8.2 The Rent shall be paid clear of all deductions and set off whatsoever to the Landlord by Bank Standing Order only. In the event of rent not being paid by due date a £25.00 administrative charge will be paid by the tenant.
1.8.3 The first payment of £ being due on 1st August 2008 or prior to the
date of taking possession.
1.8.4 Thereafter the "Rent Due Date" will be the 1st day of each calendar
month during the Term of this agreement.
1.8.5 Overdue rental payments will be subject to interest at the rate of 10% per annum
calculated from the date the payment was due up until the date payment is received.
1.8.6 Any person paying the Rent, or any part of it, for the Property during the Term
shall be deemed to have paid it as agent, for and on behalf of the Tenant which
the Landlord shall be entitled to assume without enquiry.
1.8.7 Any payments accepted after service of any Notice served on the Tenant to
terminate this agreement, or after any breach of the conditions which may lead
to Possession, will only be accepted without prejudice to such Notice.
1.8.8 If this tenancy is extended, continued, or run on as a Periodic Tenancy then the
Rent will increase each year from the first Rent Due Date more than 364 days
after the commencement of the term ,by the amount stated for the annual
increase in the Index of Retail Prices (All Items) as quoted for the month two
months prior to the month of the renewal. The Rent will not be reduced below
the figure in I.8. 1 at any time.
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1.8.8 Deposit
1.9.1 The Deposit of £ will be paid by the Tenant.
1.9.2 The Deposit will be received by the Landlord or Landlord's Agent and will be held under the
Terms of a Tenancy Deposit Scheme to be made available to the Tenant by the Landlord within 14 days of signing this Assured Shorthold Agreement.
1.9.3 The Deposit is held as security for the performance of the Tenant's obligations
under this agreement and to compensate the Landlord for any breach of those
obligations.
1.9.3.1 The Deposit that the Tenant has paid shall be returned without interest within the terms of the
Tenancy Deposit Scheme. At the end of the Tenancy howsoever determined, upon vacant possession of the property and return of all the keys to the Landlord/Agent less such sum as the Landlord shall properly deduct in respect of :-
1.9.4 All reasonable costs and expenses incurred by the Landlord/Agent (including but not limited to
The costs and fees of the Landlord’s solicitors and other professional advisors) in respect of :-
1.9.4.1 The recovery from the tenant of any rent or any other money which is in arrears.
1.9.4.2 The services of any notice relating to the breach by the tenant of any of the tenant’s obligations
under this Agreement whether or not the same shall result in Court proceedings.
1.9.4.3 Any deductions that have been agreed between the Tenant and the Landlord, or
Agent.
1.9.4.4 Any other monies owed by the tenant to the landlord
1.9.4.5 Compensation for the breach of any terms of this Agreement
1.9.4.6 The cost of repairing , decorating or cleaning the property or the contents so they are to the same standard as the commencement of the Tenancy (reasonable wear and tear excepted)
1.9.5 If the deposit shall be insufficient the tenant shall pay to the Landlord such additional sums as
shall be required to cover all costs charges expenses properly due
1.9.6 The Deposit is not transferable by the Tenant in any way.
1.9.7 If the Landlord has need to use part or all of the Deposit during the Term
because of a breach of any of the terms of this agreement by the Tenant, then
the Tenant will pay, on demand and by way of additional Rent a sum sufficient to replenish the Deposit.
1.9.8 Where the Landlord has more than one reason to claim against the Deposit, the
Landlord may choose the allocation of the Deposit against those claims.
1.9.9 In the event that the total amount due at the end of the tenancy exceeds the amount of the Deposit the Tenant shall reimburse the Landlord or the Landlord's Agent the further amount, within 14 days of the request being made.
1.9.10 The balance of the Deposit will be refunded by crossed cheque. Payment to one of joint and several tenants shall be deemed to be the receipt by all persons named as Tenant and is valid discharge for the Landlord and Landlord's Agent.
1.9.11 If the Tenant or any agent appointed by the Tenant should not keep an agreed appointment, made with the Landlord or Landlord's Agent, to check the inventory at the end of the tenancy, any assessment made by the Landlord or the Landlord's Agent of any compensation payable or extent or value of any damages will be final and binding upon the Tenant.
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1.10 Rights of Third Parties
The parties intend that no clause of this agreement may be enforced by any third
party, other than the Landlord's Agent, pursuant to the Contracts (Rights of Third
Parties) Act 1999.
2 Legal Notices
2.1 Section 47
Under section 47 of the Landlord and Tenant Act 1987 the address of the Landlord is stated to be as on the first page of this agreement. The address for service of Notices is as in clause 2.2.
2.2 Section 48
Until you are informed in writing to the contrary Notice is given pursuant to section 48(1) of the Landlord and Tenant Act 1987 that your Landlord's address for the service of Notices (including Notices in proceedings) is as follows:
Mayhills Stoner Hill Rd Froxfield Petersfield GU32 1DX
2.3 Notice service
2.3.1 Any Notice given by or on behalf of the Landlord or any other document to be served on the Tenant shall he deemed to have been served on the Tenant if it is:
2.3. 1.1 left at the Property or
2.3.1.2 sent by ordinary post in a pre-paid letter, properly addressed to the Tenant by name at
the Property or
2.3.1.3 sent by Recorded Delivery in a pre-paid letter, properly addressed to the Tenant by
name at the Property.
2.3.2 Any Notice given by the Tenant or any other document to be served on the Landlord shall be deemed to have been served on the Landlord if it is:
2.3.2.1 left at the office of the Landlord's Agent during the Term only or
2.3.2.2 sent by ordinary post in a pre-paid letter, properly addressed to the Landlord at the
address in clause 2.2 or
2.3.2.3 sent by Recorded Delivery in a pre-paid letter, properly addressed to the Landlord at the
address in clause 2.2.
2.3.3 If any Notice or other document is left at the Property or Landlord's Agent's office, service shall be deemed to have been on the day it was left.2.3.4 If any Notice or other document is sent by post it shall be deemed to have been served 48 hours after it was posted.
2.4 Notices Received
2.4.1 If a relevant Local Authority gives Notice or makes an order in respect of the Property, the Tenant shall provide full particulars to the Landlord's Agent within 7 days. All reasonable steps should be taken to comply with it, in consultation with the Landlord (or Landlord's Agent) as is appropriate to the situation.
2.5 Ending the Tenancy
2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he must give the
Landlord at least one month's Notice in writing.
2.5.2 While the tenancy is periodic Notice must be given and must expire the day before a Rent Due Date.
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2.6 Landlord's Break Clause
2.6.1 The Landlord may bring the tenancy to an end at any time after the expiry of the fixed term by giving to the Tenant at least two months' written Notice stating that the Landlord requires possession of the Property. A Notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.
3.1 By following the due process of law, and without prejudice to the other rights and remedies of the Landlord, the Landlord may terminate the tenancy if.
3.1.1 the Rent or any part of it is in arrears whether formally demanded or not,
3.1.2 the Tenant is in breach of any of the obligations under this agreement,
3.1.3 any of the Grounds of Schedule 2 of the Housing Act 1988 apply (these grounds allow the landlord to seek possession of the property in the circumstances listed on the ground),
3.1.4 a Notice is served under section 21 of the Housing Act 1988 (section 21 gives the landlord a right to end an assured shorthold tenancy without any specific reason, though only after any fixed term has ended, or in operation of a break clause),
3.1.5 the Property is left abandoned and unoccupied for a period in excess of 14 days without
the Landlord's consent.
The Tenant agrees to:
4.1 Payments
4.1.1 Pay the Rent on the day and in the manner specified.
4.1,2 Pay and indemnify the Landlord against all charges including water and sewerage charges, rates and assessments (but of an annual or recurring nature only) and for all gas, electricity, oil or solid fuel consumed on or supplied to the Property (including all fixed and standing charges) and all charges for the telephone during the term of this agreement.
4.1.3 Pay for the reconnection of water, gas, electricity or telephone if the disconnection results from any act or omission of the Tenant or the Tenant's agents.
4.1.4 Pay the Council Tax, or any replacement taxation (even of a novel nature), in respect of the Property for the Term of this agreement.
4.1.5 Pay the costs and disbursements in relation to the preparation of the inventory and "check out" at the end of the tenancy when there is damage to access.
4.1.6 Pay a fee of £ 10 (plus VAT) to the Landlord or Agent for each letter sent to the Tenant concerning breaches of the tenancy agreement.
4.1.7 Pay a charge of £25 (plus VAT) to the Landlord or Agent for any payment
presented to the Landlord's or Agent's bank but returned, refused or re-presented
by the bank for any reason. This fee will be payable for each presentation which fails.
4.1.8 Notify the relevant authorities and arrange and pay final accounts at the end of the tenancy.
4.1.9 Pay for the entire invoice and costs of any contractors that the Tenant arranges
unless previously authorized in writing by the Landlord.
4.1.10 Pay the Landlord for the cost of replacing the locks and cutting new keys if any
keys are not returned to the Landlord or the Landlord's Agent when the tenant moves out.
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4.1.11 Pay all costs of the Landlord or the Landlord's Agent in respect of any application for any consents under any of the provisions of this tenancy.
4.1.12 Pay the Landlord's costs, legal and otherwise, including VAT and disbursements in any and all of the following circumstances:-
4 1. 12. 1 enforcing or attempting to enforce (whether by legal process or otherwise) the
provisions of this agreement,
4.1,12.2 recovering rent or other monies payable under the provisions of this agreement,
4.1.12.3 recovering possession of the property, whether because of the Tenant's default or otherwise,
4.1.12.4 actions arising out of any breach, non-performance or non-observance by the
Tenant of the provisions of the agreement.
4.1.13 Pay any excess on the Landlord's insurance if the claim results from the
negligence, misuse or failure of the Tenant or any of his visitors or friends
malicious £ 1000 other £ 250..
4.1.14 Pay and arrange for the removal of all vermin, pests and insects, if infestation
occurs during the Term woodworm and woodboring insects excepted.
4.2 Repairs
4.2.1 Keep the Landlord’s Property, including food storage and preparation areas, all of the furnishings, carpets, machinery and equipment clean and tidy and in good and tenantable condition, repair and decorative order, (reasonable wear and tear, items which the Landlord is responsible to maintain, and damage for which the Landlord has agreed to insure, excepted).
4.2.2 Not permit any waste, injury or damage to the Property, or make any alteration or addition to the Property or the style or colour of the decorations.
4.2.3 Notify the Landlord immediately of any wet rot, dry rot or infestation by wood boring insects.
4.2.4 Replace any broken glass immediately unless the damage results from an event for which the Landlord has agreed to insure.
4.2.5 Undertake any repairs or decorations for which the Tenant is liable within one month of any Notice being served by the Landlord or the Landlord's Agent and if the Tenant does not carry out the repairs or redecorations the Landlord may enter the Property, with or without others, to effect those repairs and decorations and the Tenant will pay on demand all costs involved.
4.2.6 To allow access to the landlord or landlord’s builder etc to carry out repairs, redecoration or improvements to the property and garden.
4.3 The Property
4.3.1 Notify the Landlord in writing as soon as the Tenant becomes aware of.
4.3.1.1 any defect, damage or want of repair in the Property, other than such as the
Tenant is liable to repair in 4.2.1 above,
4.3.1.2 any Notices, proceedings or letters relating to the Landlord, the Property or the
use of the Property,
4.3.1.3 any loss, damage or occurrence which may give rise to a claim under the Landlord's insurance.
4.3.2 Co-operate in the making of any claim under the Landlord's insurance.
4.3.3 Use the Property in a tenant-like manner.
4.3.4 Clean the windows of the Property as often as necessary and in the last two weeks of the tenancy.
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4.3.5 Not remove any of the Landlord's possessions from the Property.
4.3.6 Not exhibit any poster or Notice so as to be visible from outside the Property.
4.3.7 Not cause or permit any blockage to the drains and pipes, gutters and channels
in or about the Properly.
4.3.8 Not assign, underlet or part with or share possession of the whole or any part of the Property.
4.3.9 Not permit any visitor to stay for a period of more than three weeks within any three month period.
4.3.10 Permit the Landlord and or his agents or others, at reasonable hours of the daytime, to enter the property.
4.3. 10.1 to view their state and condition and to execute repairs and other works upon
the Property or other properties.
4.3.10.2 to show prospective purchasers or tenants the Property at all times during the Term and to erect a
board to indicate that the Property is for sale or rent. To ensure the property is in a clean and tidy
condition and furniture is arranged as a 4/5 bedroom accommodation during all viewing times for prospective purchasers/tenants.
4.3.10.3 to reimburse Landlord/Agent for any professional cleaning fees required to ensure property is in
a clean and tidy condition for viewing by prospective tenants/purchasers
4.3.11.1 Not to hang wet clothing in bedrooms
4.3.12 Not add any aerial, antennae or satellite dish to the building.
4.3.13 Not change the locks (or install additional locks) to any doors in the dwelling
house, nor make additional keys for the locks. All keys are to he returned to
the Landlord or the Landlord's Agent at the end of the tenancy. .
4.3.14 Ensure that the Property is kept secure at all times, locking doors and windows
and activating burglar alarms as appropriate.
4.3.15 Keep the Property at all times sufficiently well aired and warmed to avoid
build-up of condensation and prevent mildew growth and to protect it from
frost.
4.3.16 Not block ventilators provided in the Property.
4.3.17 Report to the Landlord's Agent any brown or sooty build up around gas
appliances or any suspected faults with the appliances.
4.3.18 Not use any gas appliance that has been declared unsafe by a CORGI engineer,
or disconnected from the supply.
4.3.19 Not keep, use or permit to be used any candles, oil stove, paraffin heater or
other portable fuel burning appliance,
or other appliance against the terms of the insurance of the Property, except as
provided by the Landlord.
4.3.20 Be responsible for ensuring that any television used is correctly and
continually licensed.
4.3.21 Not keep motorcycles, cycles or other similar machinery inside the Property
except in any defined outside area or garage.
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4.3.22 Pay for any sterilization and cleansing of the Property made necessary under
the Public Health (Control of Diseases) Act 1984 as a result of a person with a
Notifiable Disease having been in the Property during the Term.
4.3.23 Pay for any redecoration or replacement required as a result of the work
carried out under clause 4.3,22
4.3.24 Perform and observe all obligations of any headlease or covenant on the
Property save for those relating to the payment of rent or service charges and
to indemnify the Landlord against all claims, damages, costs, charges and
expenses whatsoever in relation to any breach of this obligation.
4.3.25 Not keep any vehicle without a valid Road Fund License, commercial vehicle,
boat, caravan, trailer, hut or shed on the Property.
4.3.26 Not affix any Notice, sign, poster or other thing to the internal or external
surfaces of the Property save for where specific provision already exists.
4.3.27 Not keep any pet, animal, bird, reptile, fish, insects or the like on the Property.
4.3.28 Not allow children to live in the Property.
4.3.29 Keep the garden and grounds properly cultivated according to the season and
free from weeds, in a neat and tidy condition with the lawns regularly mown
and edged, and shrubs and trees pruned but not alter the character or layout of
the garden or grounds.
4.3.30 Not cause obstruction in any common areas of any building of which the
Property forms a part. The Landlord reserves the right to remove or have
removed any such obstruction and at his discretion to levy a charge, payable
on demand, on the Tenant for so doing.
4.4 General
4.4.1 Not permit or suffer to be done on the Property anything which may be, or may
be likely to cause, a nuisance or annoyance to a person residing, visiting or
otherwise engaged in a lawful activity in the locality. This responsibility includes
the actions and behavior of visitors and friends of the tenant.
4.4.2 Not make or permit any noise or play any radio, television or other equipment
in or about the Property between the hours of 10pm and 7am so as to be audible outside the Property.
4.4.3 Not carry on any trade or profession upon the Property nor receive paying
guests but use the Property only as a private residence for the occupancy of the named tenants.
4.4.4 Not permit or suffer to be done on the Property anything which may render the
Landlord's insurance of the Property void or voidable or increase the rate of premium for such insurance.
4.4.5 Not use or suffer the Property to be used for any illegal or immoral purpose
(note, unauthorized taking or possession of controlled drugs is considered to be
illegal for the purpose of this clause).
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4.4.6 Immediately notify the Landlord or Landlord's Agent if the Property becomes the
subject of proceedings under the Matrimonial Causes Act 1973 or the Family
Law Act 1996 and supply particulars of such proceedings to the Landlord on
demand.
4.4.8 Forward any correspondence addressed to the Landlord and other Notices,
orders and directions affecting the Landlord to the Landlord's Agent without delay.
4.4.9 Surrender all rights to all possessions left at the Property at the end of the
tenancy and that they will immediately pass to the Landlord who shall be
entitled (though not bound) to sell the same for his own benefit.
4.4.10 Reside in the Property as his only or principal residence. Any change in
residence status must be notified to the Landlord's Agent and a new tenancy
agreement drawn up if necessary.
4.4.11 Not leave the Property vacant for more than 14 days without informing the landlord
4.4.12 Tenants to sign inventory at commencement of tenancy, any tenant not present to sign inventory has responsibility to check inventory and ensure that any error/deficiencies are reported to the landlord/agent and return a copy of the inventory as necessary within 14 days. The inventory will be assumed to be an accurate description of the property including the contents as handed over to the tenants if not returned to Landlord within 14 days
4.4.13 Not change the supplier of utility services without approval from the Landlord
or Landlord's Agent and if approval is given, provide the Landlord's Agent with
the new supplier's details including the Property reference number.
4.4.14 Not change the telephone number of the Property.
4.4.15 Not alter the operation of, or disable, the smoke alarms.
4.4.16 Not disable or alter the operation or code of the burglar alarm.
4.4.17 Be responsible for maintenance of the burglar alarm and the smoke alarms
including checking the smoke alarms every week and replacing non
rechargeable batteries every year.
4.4.18 Not to smoke inside the property
4.4.19 Not to move in additional furniture/appliances to the property without the permission of the landlord.
4.5 Insurance
4.5.1 Be responsible for insuring their own possessions against all risks and be aware that the Landlord will not accept liability fro any loss or damage that may occur as a result of use within the property
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4.6 End of tenancy
4.6.1 Yield up the Property at the end of the tenancy in the same good clean state and
condition as it was at the beginning of the tenancy and make good, pay for the
repair of, or replace all such items of the fixtures, fittings, furniture and effects
as shall he broken, lost, damaged or destroyed during the tenancy (reasonable
wear and tear and damage for which the landlord has agreed to insure excepted).
4.6.2 Return all keys to the Property to the Landlord's Agent by 12 noon on the last
day of the tenancy (or sooner by mutual arrangement).
4.6.3 Pay for the washing (including ironing or pressing) of all the linen and the
cleaning (including ironing and pressing where appropriate) of all blankets,
bedding, carpets and curtains which have been soiled during the tenancy
(reasonable use thereof nevertheless excepted).
4.6.4 Leave the oven clean with no evidence of burnt food or grease, all chrome and
glass to be shining with no stains and cooker rings cleaned.
4.6.5 Leave the fixtures fittings, furniture and effects at the end of the tenancy in the
rooms and places in which they were at the beginning of the tenancy.
4.6.6 Remove all personal belongings and rubbish from the property before returning property to the
landlord. Reimburse Landlord for costs of removal of unwanted goods and rubbish left in the
property at the end of the tenancy.
4.6.7 All tenants to be present to complete inventory at the end of tenancy. If any tenant not present to
complete the end of tenancy inventory, it will be the absent tenant’s responsibility to nominate a
representative in writing to complete the end of tenancy inventory on their behalf.
4.6.8 Ensure the garden is free from rubbish and not overgrown, reimburse landlord for all works and
rubbish collection necessary to return garden to tidy condition at end of tenancy
5 Landlord's obligations
The Landlord agrees with the Tenant as follows:
5.1 To pay and indemnify the Tenant against all assessments and outgoings in
respect of the Property (except those for which responsibility is assumed by the
Tenant under this agreement).
5.2 To allow the Tenant, paying the Rent and performing the obligations on the part
of the Tenant, quiet enjoyment of the Property during the tenancy without any
unlawful interruption from the Landlord or any person claiming under or in
trust for the Landlord.
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5.3 To return to the Tenant any rent paid for any period while the Property is
rendered uninhabitable by fire or other risk for which the Landlord has agreed
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