For letting a partially furnished dwelling house 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 XXX day of XXX 202XXX 1 Particulars 1.1 Parties 1.1.1 The Landlord STEVE ASHBY of XXX and CHRIS ASHBY of XXX 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 Tenants (1) of XXX (2) XXX of XXX (3) XXX of XXX (4) XXX of XXX (5) XXX of XXX (6) XXX of XXX (7) XXX of XXX (8) XXX of XXX (9) XXX of XXX Where the party consists of more than one person the obligations apply to and are enforceable against them jointly and severally. 1.2 AGREEMENT 1.2.1 The Landlord lets and the Tenant takes the Property for the Term at the Rent payable upon the terms and conditions of this agreement. 1.2.2 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. 1.2.3 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. 1.3 Property 1.3.1 The property situated at and being XXX of XXX, together with the fixtures, fittings, furniture and effects therein and more particularly specified in the Inventory signed by the Tenant. 1.4 Term 1.4.1 The Term shall be for a definite period of XXX of XXX months from and including noon on XXX of XXX. 1.4.2 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. 1.4.3 The “Term” is to include any extension or continuation of the fixed term or a Statutory or Contractual Periodic Tenancy. 1.5 Rent 1.5.1 The Rent shall be £XXX of XXX per week for the first 10 weeks of the Term and £XXX of XXX per week for the remaining 42 weeks of the Term. 1.5.2 The Rent shall be payable on the following dates: July (first 10 weeks); October (14 weeks); January (14 weeks); April (14 weeks) 1.5.3 The Rent shall be paid clear of all deductions and set off whatsoever to the Landlord’s account by banker’s standing order or such other method as the Landlord shall require. 1.5.4 The “Rent Due Dates” will be as per clause 1.5.2 above. 1.5.5 Overdue rental payments will be subject to interest at the rate of 4% per annum over Barclays Bank Plc base rate calculated from the date the payment was due up until the date payment is received. 1.5.6 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. 1.5.7 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. 1.6 Deposit 1.6.1 The Deposit of £XXX of XXX has been paid by the Tenant 1.6.2 The Deposit has been forwarded to The Deposit Protection Service, a deposit protection scheme established under the Housing Act 2004 section 212 (“the Scheme”). 1.6.3 The Landlord shall comply promptly with their obligations under the Scheme. 1.6.4 The following sums may be paid out of the Deposit to the Landlord in accordance with the terms of the Scheme:- 1.6.4.1 any Rent or other payments due from the Tenant to the Landlord, including advance Rent that has fallen due. 1.6.4.2 any reasonable sum the Landlord expends or incurs in remedying any failure by the Tenant to comply with their obligations under this Agreement. 1.6.4.3 after the end of the Term any sum owing to the Landlord equivalent to the Rent in respect of any period of unauthorised occupation by the Tenant or anyone under their control and 1.6.4.4 any interest due under this Agreement or any of the above sums at the rate specified in clause 1.5.5 above from the date the payment is due to the date it is deducted from the Deposit. 1.7 Rights of Third Parties The parties intend that no clause of this agreement may be enforced by any third party, 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: [Insert name and contact details for Landlord’s service address] 2.3 Notices Received 2.3.1 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 within 7 days. All reasonable steps should be taken to comply with it, in consultation with the Landlord as is appropriate to the situation. 2.4 Ending the Tenancy 2.4.1 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 four weeks’ notice in writing. 2.4.2 While the tenancy is periodic Notice must be given and must expire the day before a Rent Due Date. 3 Possession 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. 4 Tenant’s Obligations 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 all Council Tax, Electricity, Gas, Telephone and other charges in respect of the Property unless the “All Inclusive Option” has been taken. If the All Inclusive Option has been taken then the Rent shall include electricity, gas, water rates, TV Licence and broadband. In any event Council Tax will always remain the responsibility of the Tenants. 4.1.3 Pay for the reconnection of telephone if the disconnection results from any act or omission of the Tenant or the Tenant’s agents. 4.1.4 If any payment by the tenant is presented to the Landlord bank but returned, refused or re-presented by the bank for any reason, the tenant will indemnify the landlord against any charge made by the bank. This indemnity will apply in relation to each presentation which fails. 4.1.5 Notify the relevant authorities and arrange and pay final accounts at the end of the tenancy. 4.1.6 Pay for the entire invoice and costs of any contractors that the Tenant arranges unless previously authorised in writing by the Landlord. 4.1.7 Pay the Landlord for the cost of replacing the locks and cutting new keys if any keys are not returned to the Landlord when the tenant moves out. 4.1.8 Pay all costs of the Landlord in respect of any application for any consents under any of the provisions of this tenancy. 4.1.9 Pay the Landlord’s costs, legal and otherwise, including VAT and disbursements in any and all of the following circumstances:- 4.1.9.1 enforcing or attempting to enforce (whether by legal process or otherwise) the provisions of this agreement, 4.1.9.2 recovering rent or other monies payable under the provisions of this agreement, 4.1.9.3 recovering possession of the property, whether because of the Tenant’s default or otherwise, 4.1.9.4 actions arising out of any breach, non-performance or non-observance by the Tenant of the provisions of the agreement. 4.1.10 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. 4.1.11 Pay and arrange for the removal of all vermin, pests and insects, if infestation occurs during the Term, woodworm and wood boring insects excepted. 4.2 Repairs 4.2.1 Keep the Property including all of the Landlord’s 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 glass broken during the term of the tenancy 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 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. 4.3 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. 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 Property. 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 days within any one month period. 4.3.10 Permit the Landlord and or his agents or others, after giving 24 hours Notice and 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 the Property at all times during the Term and to erect a board to indicate that the Property is for sale. 4.3.10.3 to show prospective tenants the Property, during the last month of the Term and to erect a board to indicate that the Property is to let. 4.3.11 Permit the Landlord to use their keys to gain access within three days of such a request being made (except in case of emergency when access shall be immediate), if the Tenant is unable to grant access to the Landlord or the Landlord’s Agent. 4.3.12 Not add any aerial, antennae or satellite dish to the building without the consent of the Landlord. Such consent not to be unreasonably withheld. 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 be returned to the Landlord at the end of the tenancy. 4.3.14 Ensure that the Property is kept secure at all times, locking doors and windows 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 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. 4.3.18 Pay for any sterilisation 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. 4.3.19 Pay for any redecoration or replacement required as a result of the work carried out under clause 4.3.18 4.3.20 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. 4.3.21 Not keep any pet, animal, bird, reptile, fish, insects or the like on the Property without the Landlord’s consent. 4.3.22 Not to obstruct the driveway and pathways serving the Property. 4.3.23 Not to paint the exterior of the Property. 4.3.24 To keep the garden free of weeds and tidy 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 behaviour 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 12pm 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 [ Insert names of Tenants here ] 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, unauthorised taking or possession of controlled drugs is considered to be illegal for the purpose of this clause). 4.4.6 Immediately notify the Landlord 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. 4.4.7 Have the use of all appliances provided in the Property, as laid out in the inventory save any which are noted as not working. However, should any items require repair, or be beyond repair, the Landlord does not undertake to pay for any costs of repair or to replace the appliance. Provided that the Tenant shall indemnify the Landlord in respect of the cost of repairs to such installations resulting from misuse of the same howsoever and by whomsoever caused during the tenancy. 4.4.8 Forward any correspondence addressed to the Landlord and other Notices, orders and directions affecting the Landlord to the Landlord 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 and a new tenancy agreement drawn up if necessary. 4.4.11 Not leave the Property vacant for more than 28 days. 4.4.12 Check the inventory and report any errors/deficiencies to the Landlord, returning a copy with any annotations/corrections as necessary within 7 days. If the inventory is not returned within 7 days, it will be assumed to be an accurate description of the Property including the contents as handed over to the Tenant. 4.4.13 Not change the supplier of utility services without approval from the Landlord and if approval is given, provide the Landlord with the new supplier’s details including the Property reference number. 4.4.14 Not change the telephone number of the Property. 4.5 Insurance 4.5.1 Be responsible for insuring their own possessions against all risks. 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 be 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 by 12 noon on the last day of the tenancy (or sooner by mutual arrangement). 4.6.3 Pay for the cleaning of all carpets and soft furnishings which have been soiled during the tenancy (reasonable use thereof nevertheless excepted). 4.6.4 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. 4.6.5 Remove all rubbish from the Property before returning the Property to the Landlord. 5 Landlord’s obligations The Landlord agrees with the Tenant 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. 6 Access Agreement 6.1 It is agreed and declared that the Landlord is entitled to access to the Property at any time (but on reasonable notice) during the first 10 weeks of the Term. 6.2 The Tenants acknowledge that the Rent for that 10 week period has been reduced to reflect and compensate for possible disturbance and inconvenience to the Tenants during the said 10 week period. 6.3 The access shall be used for the purposes of maintaining the Property to the standard required by the Landlord. 6.4 The Landlord covenants that he will give reasonable notice of the period or periods which the Landlord requires for access and will cause as little inconvenience to the Tenants as is reasonably practicable. 6.5 The Tenants covenant to cooperate with the Landlord in allowing the access and the works of maintenance including, but not limited to, the moving of furniture and other items reasonably required to be moved by the Landlord in order to carry out the works of maintenance. SIGNED by one of the said STEVE ASHBY or CHRIS ASHBY…………………………………………… SIGNED by the said ……………………………………………. (Tenant No. 1) SIGNED by the said (Tenant No. 2) …………………………………………. SIGNED by the said (Tenant No. 3) …………………………………………. SIGNED by the said (Tenant No. 4) …………………………………………. SIGNED by the said (Tenant No. 5) …………………………………………. SIGNED by the said (Tenant No. 6) …………………………………………. SIGNED by the said (Tenant No. 7) …………………………………………. SIGNED by the said (Tenant No. 8) …………………………………………. SIGNED by the said (Tenant No. 9) …………………………………………. INVENTORY
