DRAFT TENANCY AGREEMENT
For letting a dwelling on a contractual tenancy. This is a draft contract - when provided, the contract will be personalised.
Please note this tenancy agreement is an important document. It may commit you to certain actions for the period of any fixed term and beyond. Please ensure that if you do not understand your legal rights you consult a housing advice centre, solicitor or Citizens Advice Bureau.
This agreement is made this day of
1.1.1 The Landlord
Contact Address: c/o Executive Lets, 48 North Hill, Plymouth, PL4 8EU
Contact Telephone Number: 01752 255256
Contact Fax Number: 01752 663087
Contact Email Address: email@example.com
The ďLandlordĒ shall include the Landlordís 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
Current Contact Address:
Contact Telephone Number:
Contact Email Address:
Contact Telephone Number:
Contact Email Address:
The Tenant agrees that the Landlordís Agent may provide the Tenantís name, address and other contact details to third parties including, but not limited to, the Landlord, contractors, referencing companies, utility providers, the local authority and the appropriate tenancy deposit protection scheme provider.
1.1.3 Permitted Occupiers:
Those persons defined as permitted occupiers do not have any rights or obligations as per the tenant listed in clause 1.1.2 and are only permitted to reside at the property with the permission of the tenant.
1.1.4 Relevant Person
Under the Housing Act 2004 any person or body that provides the tenancy deposit for an assured shorthold tenancy is called a Relevant Person. ~ For this tenancy there is no Relevant Person as the Deposit is provided by the Tenant.
~The Relevant Person is:
Contact Telephone Number:
Contact Email Address:
1.1.5 The Guarantor
Contact Telephone Number:
Where the party consists of more than one entity or person the obligations apply to and are enforceable against them jointly and severally. Joint and several liability means that any one of the members of a party can be held responsible for the full obligations under the agreement if the other members do not fulfil their obligations.
The parties listed above agree that the Landlordís Agent may provide their name, address and other contact details to third parties including, but not limited to, the Landlord, contractors, referencing companies, utility providers, the local authority and the appropriate tenancy deposit protection scheme provider.
1.2 The Landlordís Agent
The ďLandlordís AgentĒ shall mean Executive Lets South West Limited, 48 North Hill, Plymouth, PL4 8EU. TEL: 01752 255256, FAX: 01752 663087 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).
1.5.1 The property situated at and being , 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.
1.5.2 The Property is not let as a House in Multiple Occupation within the meaning of the Housing Act 2004. The Property does not require the Landlord to hold a licence to be able to lawfully let it.
1.6.1 The Term shall be for 6/12 months from and including and then monthly contractual periodic until ended following either party giving Notice. Please see clause 2.5 as it contains important information about what you must do to end the tenancy.
1.6.2 The ďTermĒ is to include any periodic continuation of the tenancy beyond the fixed term.
1.7.1 The Rent shall be £ per calendar month, payable in advance.
1.7.2 The Rent shall be paid clear of unreasonable or unlawful deductions or set off to the Landlordís Agent by bankerís standing order or such other method as the Landlordís Agent shall require. If the tenants pay by cheque, then the cheque must be delivered to the Landlord's Agent not later than ten working days before the rent due date to allow for clearance of the cheque.
1.7.3 The first payment of £ being due on or prior to the date of taking possession.
1.7.4 Thereafter the ďRent Due DateĒ will be the _________ of each month during the Term of this agreement.
1.7.5 Overdue rental payments will be subject to interest at the rate of 6% per annum calculated from the date the payment was due up until the date payment is received.
1.7.6 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.
1.7.7 It is agreed that if the Landlord or the Landlordís Agent accepts money after one of the conditions which may lead to a claim for possession by the Landlord (these are the conditions listed in clause 3 below), acceptance of the money will not create a new agreement and the Landlord will still, within the restrictions of the law, be able to pursue the claim for possession.
1.7.8 Rent Increase
22.214.171.124 If for any reason the Tenant remains in possession of the Property, or the lawful tenant of the Property, for more than 12 months, then the Rent may increase once each year.
126.96.36.199 The first increase will not be before the first Rent Due Date more than 363 days after the commencement date.
188.8.131.52 Subsequent increases will not come into effect less than 363 days since the last rent increase.
184.108.40.206 Not applying the rent increase at the first Rent Due Date more than 363 days after the commencement date or last rent increase date will not then prevent the Landlord applying an increase on any future Rent Due Date.
1.8.1 The Deposit of £ will be paid by the Tenant.
1.8.2 The Deposit will be paid to the Landlordís Agent.
1.8.3 Neither the Landlord nor the Landlordís Agent will pay interest on the Deposit.
1.8.4 The Deposit is held as security for the performance of the Tenantís obligations under this agreement and to compensate the Landlord for any breach of those obligations.
1.8.5 Subject to the Tenancy Deposit Protection scheme rules, the Deposit will be refunded within 10 working days, less any deductions, once the following have been completed:
220.127.116.11 the tenancy has ended and possession of the Property has been returned to the Landlord and
18.104.22.168 all keys have been returned to the Landlord and
22.214.171.124 both parties have confirmed their acceptance of any Deposit deductions and
126.96.36.199 confirmation has been received from the Local Authority that no claw back of Housing Benefit is due.
188.8.131.52 that council tax, water rates and utility services have been paid in full to the end of the tenancy liability period - proof of payment will be required to finalise the return of the deposit.
1.8.6 The Deposit is not transferable by the Tenant in any way.
1.8.7 The Deposit will be protected by The Deposit Protection Service (The DPS) in accordance with the Custodial Terms and Conditions of The DPS. The Terms and Conditions and alternative dispute resolution rules governing the protection of the Deposit, including the repayment process, can be found at www.depositprotection.com.
1.8.8 In the event that the total amount lawfully due at the end of the tenancy exceeds the amount of the Deposit the Tenant shall reimburse the Landlordís Agent the further amount, within 14 days of the request being made.
1.8.9 The Landlordís Agent will keep the interest for any amount of the Deposit not refunded to the Tenant.
1.8.10 The Deposit will be refunded to the Lead Tenant and this will be considered a full refund. It will then be up to the parties forming the Tenant to decide how it will be divided amongst themselves.
1.9 Rights of Third Parties
The parties intend that no clause of this agreement may be enforced by any third party, other than the Landlordís 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 in
clause 1.1.1 of this agreement. An address within England and Wales 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 Landlordís address for the service of Notices (including Notices in proceedings) is as follows:
c/o Executive Lets, 48 North Hill, Plymouth, PL4 8EU
If the tenant wishes to serve notice to end the tenancy, this is the address to which it must be sent.
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 be deemed to have been served on the Tenant if it is:
184.108.40.206 left at the Property during the Term or the last known address of the Tenant at any time or
220.127.116.11 sent by ordinary post in a pre-paid letter, properly addressed to the Tenant by name at the Property during the Term or the last known address of the Tenant at any time or
18.104.22.168 sent by Recorded Delivery in a pre-paid letter, properly addressed to the Tenant by name at the Property during the Term or the last known address of the Tenant at any time.
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:
22.214.171.124 left at the office of the Landlordís Agent during the Term only or the last known address of the Landlordís Agent at any time or
126.96.36.199 sent by ordinary post in a pre-paid letter, properly addressed to the Landlord at the address in clause 2.2 or
188.8.131.52 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 Landlordís Agentís 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 Post and Notices Received
2.4.1 The Tenant agrees to forward any correspondence addressed to the Landlord and other notices, orders and directions affecting the Landlord to the Landlordís Agent without delay. If a relevant Local Authority gives Notice or makes an order in respect of the Property which the Tenant receives at the Property, the Tenant shall provide full particulars to the Landlordís Agent promptly and as soon as reasonably practicable. Where appropriate, the Tenant should take all reasonable steps to comply with it, having first consulted with the Landlord (or Landlordís Agent) as is appropriate to the situation.
2.5 Break Clause
2.5.1 This agreement creates a single tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term (the term quoted in 1.6.1).
2.5.2 The Landlord may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Tenant at least two monthsí 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.
2.5.3 The Tenant may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Landlord at least one monthís written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause.
2.5.4 If the tenant wished to give notice before the end of the fixed term the tenant will remain liable for rent, council tax and all utility charges until the end of the fixed term or the property has been re-let whichever comes first. If the landlord agrees to re-advertise the property which results in the property being relet before the end of the fixed term the tenant will be liable to a fee equivalent to the landlord commission for a new let (half the first month's rental +VAT)
2.6 Distance Selling Regulations
2.6.1 If this contract is a ďdistance contractĒ as defined in the Consumer Protection (Distance Selling) Regulations 2000, then, subject to the required information having been provided to the Tenant, the 7 day ďright to cancelĒ will cease immediately the provision of the service commences, in accordance with regulation 13(1)(a) of the above regulations. This means that you will be committed to this tenancy once you take on the Property.
2.7 Unspent Convictions
2.7.1 The Tenant agrees to notify the Landlordís Agent of any convictions during the Term of this tenancy so that the Landlord can appropriately notify the insurance company.
3.1 Without limiting the other rights and remedies of the Landlord, the Landlord may seek to lawfully terminate the tenancy by obtaining a court order if:
3.1.1 the Rent or any part of it is in arrears whether formally demanded or not, or
3.1.2 the Tenant is in breach of any of the obligations under this agreement, or
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 specified circumstances, including rent arrears, damage to the Property, nuisance and breach of a condition of the tenancy agreement), or
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),
Tenants who are unsure of their rights should seek advice.
4 Tenantís Obligations
The Tenant agrees to:
4.1.1 Pay the Rent on the day and in the manner specified.
4.1.2 Pay a fair proportion of all charges, based on the length of the tenancy, 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 the Property (including all fixed and standing charges, including any Green Deal cost) and all charges for the telephone during the Term of this agreement. If the Landlord is held responsible by law for the payment of any of these bills the Tenant agrees to refund to the Landlord the amount covering the Term of this tenancy.
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 Tenantís agents. The Landlord is not responsible for any connection charges for services such as gas, electricity, water, telephone if the services are not currently connected.
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, unless the tenancy is lawfully terminated. This includes refunding the Landlord any charge levied against the Landlord in respect of the Property.
4.1.5 Pay on demand for the quantity of oil, LPG or solid fuel taken over at the checking of the inventory. A refund will be made for the amount remaining after the end of the tenancy assessed on the same basis
4.1.6 Pay a fee of £25 including VAT being the reasonable costs of the Landlordís Agent for each letter the Landlordís Agent, acting reasonably, has to send to the Tenant concerning breaches of the tenancy agreement.
4.1.7 Pay a charge of £25 + VAT to the Landlordís Agent for any payment presented to the Landlordís Agentís 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 on possession being returned to the Landlord.
4.1.9 Pay for the entire invoices and costs of any contractors that the Tenant arranges without having previously obtained the Landlordís authority, unless acting reasonably to effect emergency repairs for which the Landlord is liable.
4.1.10 Pay the Landlord for the reasonable cost of replacing the locks and cutting new keys, if any keys are not returned to the Landlord or the Landlordís Agent when the Tenant moves out and if applicable pay the Landlord for the reasonable cost of replacing parking permits and door entry fobs if they are not returned to the Landlord or the Landlordís Agent when the Tenant moves out.
4.1.11 Pay any excess on the Landlordís insurance if the claim results from the negligence, misuse or failure to act reasonably by the Tenant or any of his visitors or friends.
4.1.12 Pay and arrange for the removal of all vermin, pests and insects, if infestation begins during the Term, woodworm and woodboring insects excepted, unless such infestation occurs as a failure of the Landlord to fulfil his repairing obligations.
4.1.13 Pay any costs incurred by the Landlord if, contrary to the terms of this agreement, the Tenant permits the Property to be occupied as a House in Multiple Occupation under the Housing Act 2004 or, contrary to the terms of this agreement, uses the property in such a way as to require it to be licensed. This will usually happen if the Tenant permits additional people, of any age, to live in the property. Those allowed to live in the property are specified in clause 1.1.2 and 1.1.3.
4.1.14 Pay the full costs of any action taken for breach of contract or possession of the property, including court fees and all other associated costs, limited only if the court set an amount this is reclaimable.
4.1.15 Where the Tenant requests a repair and on inspection the problem has been caused by a failure on the part of the Tenant (for example drains blocked by the Tenantís waste or boiler repair claims caused by not having any credit on a utility meter, or inappropriate or unauthorised use of any appliances), the Tenant agrees to be responsible for the reasonable costs of the contractorís visit.
4.1.16 Where the Tenant agrees an appointment for a contractor to visit, the Tenant agrees to pay any costs incurred if they fail to keep that contractor appointment.
4.2.1 Keep the Property including all of the Landlordís 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 promptly of any wet rot, dry rot or infestation by wood boring insects.
4.2.4 Promptly replace any broken glass or pay for the repair to the property where the Tenant, his friends or visitors are responsible for the damage.
4.2.5 Undertake promptly any repairs for which the Tenant is liable following any Notice being served by the Landlord or the Landlordís Agent and if the Tenant does not carry out the repairs the Landlord may, after correct written notice, enter the Property, with or without others, to effect those repairs and the Tenant will pay on demand the reasonable costs involved.
4.2.6 Where the Property has a chimney that is used by a solid fuel appliance and the Tenant uses the solid fuel appliance, the Tenant agrees to get the chimney swept as often as needed and provide the Landlords Agent with a copy of the relevant certificate.
4.3 The Property
4.3.1 Promptly notify the Landlordís Agent in writing by letter to the address in para 2.2 or by email to the address in para 1.2, when the Tenant becomes aware of:
184.108.40.206 any defect, damage or want of repair in the Property including any shared rights of access, stairways, communal parts, paths and drives, other than such as the Tenant is liable to repair in 4.2.1 above,
220.127.116.11 any loss, damage or occurrence which may give rise to a claim under the Landlordís insurance.
4.3.2 Where reasonable to do so, co-operate in the making of any claim under the Landlordís insurance.
4.3.3 Use the Property in the manner a responsible and conscientious tenant would.
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 Landlordís possessions from the Property or store them in the cellar or outside the main dwelling.
4.3.6 Not exhibit any promotional poster or Notice so as to be visible from outside the Property.
4.3.7 Not cause or unreasonably permit any blockage to the drains and pipes, gutters and channels in or about the Property. Common causes of blockages for which the Tenant would be responsible would include, but not limited to, putting fat down the sink, failure to remove hair from plugholes and flushing inappropriate things (such as nappies or sanitary towels) down the toilet.
4.3.8 Not assign, underlet or part with or share possession of the whole or any part of the Property without the permission of the Landlord, such permission not to be unreasonably withheld.
4.3.9 Not permit any visitor to stay in the Property for a period of more than three weeks within any three month period.
4.3.10 Permit the Landlord and or the Landlordís Agent or others, after giving 24 hours written Notice and at reasonable hours of the daytime, to enter the Property:
18.104.22.168 to view the state and condition and to execute repairs and other works upon the Property or other properties, or
22.214.171.124 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, or
126.96.36.199 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 Where the Landlord or the Landlordís Agent have served a valid written notice of the need to enter to view the state and condition or to effect repairs (except in case of emergency when access shall be immediate), the Tenant agrees to them using their keys to gain access if the Tenant is unable to grant access to the Landlord or the Landlordís Agent.
4.3.12 Not add any aerial, antenna or satellite dish to the building without the Landlordís consent, which will not be unreasonably withheld.
4.3.13 Not change the locks (or install additional locks) to any doors in the Property, nor make additional keys for the locks without the Landlordís consent, which will not be unreasonably withheld. All keys are to be returned to the Landlord or the Landlordís Agent when possession is returned to the Landlord.
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 Landlordís 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 statutorily approved contractor, or disconnected from the supply.
4.3.19 Not keep, use or permit to be used any 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.
4.3.22 Perform and observe all valid obligations, a copy of which has been provided to the Tenant, of any headlease or covenant on the Property save for those relating to the payment of rent or service charges and to refund to the Landlord all reasonable costs resulting from all claims, damages, costs, charges and expenses whatsoever in relation to any breach of these obligations.
4.3.23 Not keep any vehicle that is not validly licensed for use on the highway, any commercial vehicle, boat, caravan, trailer, hut or shed on the Property.
4.3.24 Not affix any notice, sign, poster or other thing to the internal or external surfaces of the Property in such a way as to cause any damage.
4.3.25 Not prop open any fire doors in the Property except by any built in system that closes them in the event of a fire and not disable or interfere with any self closing mechanism.
4.3.26 Not keep any cats or dogs on the property. Not keep any other pet, animal, bird, reptile, fish, insects or the like on the Property, without the Landlordís consent. If written consent is given by the Landlord allowing the tenant to keep a pet(s) in the property, then this is on the condition that the carpets and soft furnishings must be specifically pet chemically cleaned by a professional company of the agents choice at the end of the tenancy. Proof of this cleaning in the form of the carpet cleaning receipt must be provided to the Landlord's Agent at the end of the tenancy.
4.3.27 Not to hang or allow to be hung any clothes or other articles on the oustide of the building with the exception of designated clothes drying areas.
4.3.28 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.
4.3.29 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 charge the reasonable costs, payable on demand, to the Tenant for so doing.
4.3.30 To make every effort to prevent water damage by water penetration to the decorations and contents and to undertake to advise the Landlord's agent immediately of any water penetration into any part of the premises or of any leaks from pipes, gutters, or fittings and in default of giving such notification the tenant(s) undertake to make good any damage caused to the premises or decorations thereby at the tenant(s) own expense.
4.3.31 To notify the Landlord of his agent, in writing, within twenty-four hours of any outbreak of fire on the premises or any burglary or attempted burglary on the premises.
4.3.32 Not to change a quarterly meter to a pre-payment meter (key or card meter). If it is found at the end of the tenancy that the meter has been changed to a pre-payment meter then there will be a charge applied to your deposit of £100 to cover the cost of re-installing a quarterly credit meter.
4.3.33 The tenant has received a copy of the Energy Performance Certificate and the Landlords Gas Safety Certificate (if applicable).
4.3.34 The Landlord shall not be responsible for any losses sustained by reason of any mechanical breakdown of the refrigerator, freezer, washing machine, tumble dryer or dishwasher (if supplied)
4.3.35 The Tenant agrees that all improvements, alterations, fixtures and internal finishes and additional services made or installed by the Tenant remain with the Property to the benefit of the Landlord. This does not prevent the Landlord charging for restoring the Property back to the condition it was at the commencement of the tenancy, fair wear and tear accepted.
4.3.36 Tenant agrees that no access to the loft has been granted with this tenancy. The tenant hereby agrees not to access the loft or to use any fitted loft ladder. The tenant agrees that no visitor to the property will access the loft or use any fitted loft ladder
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 10pm and 7am so as to be an audible nuisance outside the Property subject only to the design and construction limitations of the building.
4.4.3 Not carry on any trade or profession upon the Property nor receive paying guests .
4.4.4 Not permit or suffer to be done on the Property anything which may render the Landlordís insurance of the Property void or voidable (i.e. no longer providing cover) 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 Promptly notify the Landlord or Landlordís 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.
4.4.7 Have the use of all appliances provided in the Property, as listed in the inventory save those 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, except those which the Landlord is required by law to maintain.
4.4.8 Forward any correspondence addressed to the Landlord and other notices, orders and directions affecting the Landlord to the Landlordís Agent without delay.
4.4.9 Reside in the Property as his only or principal residence. Any change in residence status must be notified to the Landlordís Agent and a new tenancy agreement drawn up if necessary.
4.4.10 Not leave the Property vacant for more than 28 days without providing the Landlord or the Landlordís Agent with reasonable notice.
4.4.11 Check the inventory and report any errors/deficiencies to the Landlordís Agent, returning a copy with any annotations/corrections as necessary within 5 days. If you fail to return the inventory we will use the electronic copy we hold on file as the agreed inventory
4.4.12 Not change the supplier of utility services without approval from the Landlord or Landlordís Agent. The Landlord will not unreasonably withhold giving approval. If approval is given, the Tenant will provide the Landlordís Agent with the new supplierís details including the Property reference number.
4.4.13 Not change the telephone number of the Property without the written permission of the Landlord. The Landlord will not unreasonably withhold permission.To maintain the telephone line (if any) in the property and not to cause or to permit the telephone line to be removed. At the termination of the tenancy, to transfer the telephone line to the incoming tenant(s) or the Landlord as requested by the Landlord's Agent.
4.4.14 Not disable or alter the operation or code of the burglar alarm.
4.4.15 Not alter the operation of, or disable, the smoke alarms.
4.4.16 The tenant agrees to test all smoke and carbon monoxide alarms once a month and to replace batteries as and when necessary. The Tenant will advise the Agent immediately, should the alarm become defective
4.4.17 The Tenant agrees not to smoke within any buildings on the Property and not to permit their friends, permitted occupiers or visitors to smoke within any buildings on the Property.
4.4.18 Tenants are prohibited from keeping a firearm within the tenanted property.
4.4.19 Not to carry out any decoration to the property without the written consent of the Landlords Agent.
4.5.1 Be responsible for effecting any insurance the Tenant requires for their own possessions.
4.5.2 The Landlord is not providing any insurance cover for the Tenantís possessions.
4.6 End of tenancy
4.6.1 Return possession of the Property at the end of the tenancy in the same good clean state and condition as it was in 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). When vacating the property ensure that the whole property is thoroughly spring cleaned. Pay special attention to the carpets, skirting boards, paint work, cupboards, fridge and freezers to be defrosted, cleaned and doors left open, oven, cooker, hob, grill pan ,roasting trays, extractor fan, bathrooms and toilets to be throughly cleaned.
4.6.2 Return all keys to the Property to the Landlordís Agent by 12 noon on the last day of the tenancy (or sooner by mutual arrangement). If we are required to replace keys these will be cut at cost plus an administration charge of £5 inc VAT
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) or arrange the washing and cleaning themselves all at their own expense.
4.6.4 Ensure that the oven, cooker, hob, grill pan ,roasting trays and extractor fan have been deep cleaned at the end of the tenancy.
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. Do not leave any additional items in the property without the written consent from the Landlord or Landlord's agent.
4.6.6 Remove all rubbish from the Property.
4.6.7 To have vacated the property before the final inspection appointment of which the tenant will be notified in writing. If the Inspector is unable to carry out the final inspection at the alloted time due to the tenant not being ready to vacate the property, the tenant will be liable to pay a charge of £25+VAT for the Inspectors second visit.
4.6.8 The Landlord is not liable to compensate the Tenant for any works the Tenant has carried out to the Property, whether carried out with or without the Landlordís consent, unless the consent to do the works specifically included a written agreement to compensate the Tenant.
4.6.9 Blown light bulbs to be replaced by the tenant(s) (minimum charge of £25+VAT to replace lightbulbs if not replaced by the tenant before the end of the tenancy).
4.6.10 If it is found that subsequent to your vacating the property there are items that require replacement or repair and we carry out this work and charge it to your deposit we will make an administration charge of £25 + VAT. You will not be able to return to the property after the end of your liability (your tenancy end date) to make good any issues raised at the final inspection
5 Landlordís obligations
The Landlord agrees with the Tenant as follows:
5.1 To pay 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 quiet enjoyment of the Property during the tenancy without any unlawful interruption from the Landlord or any person lawfully claiming under or in trust for the Landlord.
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 to insure. However, the Landlord is under no obligation to rehouse the Tenant or to pay for any alternative accommodation.
5.4 That he is the sole owner of the leasehold or freehold interest in the Property and that all necessary consents to allow him to enter into this agreement (superior lessors, mortgage lenders or others) have been obtained in writing.
5.5 To maintain a comprehensive insurance policy with a reputable company to cover the Property, and the Landlordís fixtures, fittings, furniture and effects (including carpets and curtains), but not including the Tenantís belongings or liabilities for damage. This obligation will not override the responsibility of the Tenant to pay for damage they cause to the Property as claiming on insurance will increase the Landlordís premiums.
5.6 That the Landlord will not be responsible for any loss or inconvenience suffered as a result of a failure of supply or service to the Property, supplied by a third party, where such failure is not caused by an act or omission on the part of the Landlord.
5.7 The Landlord agrees to provide a copy of the insurance and any freehold or headlease conditions affecting the behaviour of the Tenant.
5.8 The Landlord agrees to fulfil his repairing obligations contained within Section 11 of the Landlord and Tenant Act 1985. These are quoted below;
11 (a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes);
(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and
(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
6 Tenancy Deposit Protection Prescribed Information
6.1 The contact details for this scheme are as follows:
Name: The Deposit Protection Service
Address: The Pavilions
Telephone number: 0330 303 0030
Email Address: Enquiry Forms are available through the Virtual Customer Service Agent or the Frequently
Asked Questions at www.depositprotection.com
Fax Number: 0870 703 6206
6.2 Please see the attached leaflet from the scheme for further information. The information can also be found at http://www.depositprotection.com.
6.3 The Deposit will only be repaid at the end of the tenancy when the conditions in clause 1.8.5 have been completed and the Landlord and Tenant have agreed, or a dispute has been adjudicated by the alternative dispute resolution service, or on the order of a court.
6.4 If either party is not contactable at the end of the tenancy then the other may use the ďStatutory DeclarationĒ procedure listed for single claims (i.e. claims by only one party) in Schedule 10 of the Housing Act 2004 as amended. See the scheme rules for more details.
6.5 If the Landlord and Tenant do not agree with each other about the amount of the Deposit refund at the end of the tenancy they may either apply to the scheme for the free alternative dispute resolution service or seek a county court order for a judgement on their claim. See the scheme rules for more details.
6.6 The scheme offer free dispute resolution for Deposits held by them. The service is provided by the Chartered Institute of Arbitrators (though applications should be made to the scheme).
6.7 The Deposit value is as per clause 1.8.1.
6.8 The address of the property is as per clause 1.5.
6.9 The contact details of the Landlord are as per clause 1.1.1.
6.10 The contact details of the Tenant are as per clause 1.1.2.
6.11 Information about any Relevant Person is in clause 1.1.4.
6.12 The reasons for possible deductions from the Deposit are listed in clause 1.8.4.
6.13 The Lead Tenant for this tenancy will be _____________________________________. The parties forming the Tenant, declare that the Lead Tenant should represent all of them in any decisions regarding the Deposit and that the decision of the Lead Tenant will be binding on all the parties forming the Tenant in this tenancy agreement, subject to the terms of the appropriate tenancy deposit scheme.
7 Housing Benefit
7.1 The Tenant agrees that the appropriate authority may discuss with the Landlord and the Landlordís Agent the details of any Housing Benefit, Council Tax or Universal Credit claims made at any time in relation to the renting of the Property.
7.2 If the Landlord or Landlordís Agent so requires and the rules allow it, the Tenant consents to any Benefit being paid directly to the Landlordís Agent.
7.3 The Tenant agrees to refund to the Landlordís Agent any Benefit overpayment recovery which is sought from the Landlord or the Landlordís Agent in respect of this tenancy, either before or after the Tenant has vacated the Property, where this creates a shortfall in the money owed to the Landlord or the Landlordís Agent.
8.1 In consideration for the Landlord granting the Tenant a tenancy of the Property, the Guarantor agrees to pay the Landlord and the Landlordís Agent for any reasonable losses suffered as a result of the Tenant failing to fulfil any of his obligations under this agreement or failing to pay Rents or other monies lawfully due.
8.2 The Guarantor agrees to pay, on demand and in full, any overdue Rent or other monies lawfully due under this agreement for the full Term and until vacant possession is given to the Landlord.
8.3 The Guarantor agrees to make payments lawfully due under clause 8.1 or 8.2 even after the Tenant has returned possession of the Property to the Landlord.
The smoke detector/detectors at the property were tested on the commencement date of the tenancy by a representative of our company. They were found to be operational and in good working order.
Inventory How to Rent Guide
The Landlord or the Landlordís Agent sign this agreement to confirm acceptance of the terms within it and in accordance with Statutory Instrument 2007 No. 797 Regulation 2(1)(g)(vii), the Landlord certifies that the information provided about the Tenancy Deposit Protection prescribed information is accurate to the best of his knowledge and belief; and that the Tenant has had the opportunity to sign this document containing the information provided by the Landlord, by way of confirmation that the information is accurate to the best of the Tenantís knowledge and belief.
SIGNATURE(S) OF LANDLORD(S) ___________________________________________DATE_________
The Tenant is advised to ensure they have read and understood this agreement before signing it.
The Tenant signs this agreement to confirm acceptance of the terms within it and in accordance with Statutory Instrument 2007 No. 797 Regulation 2(1)(g)(vii)(bb), the Tenant confirms that the information provided for the Tenancy Deposit Protection prescribed information is accurate to the best of his knowledge and belief, the Tenant confirms they have received the following documents:
SIGNATURE(S) OF TENANT(S) ______________________________________DATE_________________
SIGNATURE OF WITNESS _________________________________________________________________
NAME OF WITNESS ______________________________________OCCUPATION___________________
ADDRESS OF WITNESS : c/o Executive Lets, 48 North Hill, Plymouth, PL4 8EU