Tenancy Agreement creating an
Assured Shorthold TenancY
THIS AGREEMENT is intended to give rise to an Assured Shorthold
Tenancy as defined in Section 19A of the Housing Act 1988 and as amended by the
Housing Act 1996
1.
Tenant’s obligations
The Tenant agrees with the Landlord:
1.1 To pay to the Landlord (or his agent) the Deposit
upon the signing of this agreement;
1.2 To pay to the Landlord the Rent at the times set out
in clause 1.4 and not to exercise or seek to exercise any right or claim to
legal or equitable set-off;
1.3 To pay or to indemnify the Landlord against any
council tax payable in relation to the Property under the Local Government
Finance Act 1992 whether levied on the Landlord or the Tenant and any similar
or substituted tax or imposition;
1.4 To pay or to indemnify the Landlord against:
1.4.1
All charges for gas,
electricity, water, sewerage and similar services supplied to the Property;
1.4.2
All charges for the
connection and use of any telephone facsimile machine or similar devices at the
property;
1.4.3
All standing charges or
similar charges relating to such matters;
1.4.4
The licence fees for
any television on the Property;
1.4.5
Interest at the rate of
four per cent per annum above the Bank of England base rate on any sum payable
under this Agreement that is not paid after the expiry of 14 days from its due
date such interest to be calculated from and including the due date to but not
including the date of payment (both before and after any judgment) PROVIDED
THAT this clause shall not entitle the Tenant to withhold or delay payment of
any such sum or affect the rights of the Landlord in relation to any
non-payment;
1.4.6
The cost of the
cleaning in an appropriate manner of all curtains and carpets on the Property
which have become soiled during the Term (reasonable use and fair wear and tear
being allowed for)
1.4.7
Any value added tax or
any similar or substituted tax on any sums payable by the Tenant under this
Agreement
1.5 To look after the Property, to keep the Property
clean and tidy and to keep the internal decorations in good condition;
1.6 To allow the Landlord or anyone with the Landlord’s
written authority to enter the Property at reasonable times of the day and on
at least 24 hours prior written notice (except in emergency for any reasonable
purpose including by way of example and not by way of limitation:
1.6.1
So as to inspect the
condition of the Property; and/or
1.6.2
So as to carry out
works to the Property which are not the responsibility of the Tenant);
1.7 Not to:
1.7.1
Alter or add to the
Property internally or externally;
1.7.2
Decorate the exterior
of the Property;
1.7.3
Change the décor of the
interior of the Property without prior written consent of the Landlord
1.7.4
Erect any external
aerial or satellite dish at the Property.
1.8 To use the Property as a private dwelling and not for
any trade or business;
1.9 Not to alter the Property nor to do anything or allow
anything to be carried out on or near the Property which may cause or be likely
to cause a nuisance or annoyance to the Landlord and/or to a person residing,
visiting or otherwise engaging in a lawful activity in the locality of the
Property (including by way of example but not by way of limitation the playing
of any radio, television, stereo system or similar device so that it can be
heard outside the Property);
1.10 Not to assign or deal with this Agreement in any way
and not to sub-let or part with the possession of the Property (it being
understood that this Agreement is personal to the Tenant);
1.11 To pass to the Landlord within seven days of receipt
any notice served on the Property (including by way of example and not by way
of limitation notices under the legislation relating to party wall and town
planning matters) and not to respond to any such notice except on the express
instructions of the Landlord;
1.12 To allow the Landlord and those authorised by the
landlord to enter the Property at reasonable times of the day with or without
prospective tenants and/or purchasers so as to facilitate the Landlord’s
re-letting or other disposal of the Property;
1.13 Not to alter or change or install any locks to doors
or windows in the Property nor have additional keys cut without the consent of
the Landlord;
1.14 Not to do anything which shall or may cause the
policy of insurance on the Property or any nearby property to become void or
voidable or the premium on any such policies to be increased;
1.15 Not to keep any animals or birds on the Property;
1.16 To inform the Landlord promptly of any disrepair for
which the Landlord is responsible under the general law;
1.17 At the end of the tenancy created by this Agreement:
1.17.1 To give the Landlord vacant possession:
1.17.2 To return to the Landlord all keys relating to the
Property;
1.17.3
To remove all personal possessions and refuse and ensure that
the Property is completely clean and tidy.
2.
Landlord’s obligations
2.1 The Landlord agrees with the Tenant:
2.1.1
to allow the Tenant
quiet enjoyment
2.1.2
to allow the Tenant to
possess and enjoy the Property without interruption from the Landlord except in
so far as the Landlord is entitled to do so under this Agreement;
2.2 To pay and indemnify the Tenant against all charges
relating to the Property except those which the Tenant has expressly agreed to
pay; and
2.3
To observe and perform
the covenants implied in this Agreement by the Landlord and Tenant Act Section
11 (such covenants being by way of assistance to the parties only and without
seeking to alter the effect of such Section to keep in repair the structure and
exterior of the Property, the installations for the supply of water, gas,
electricity, space heating and heating water and the installations for the
purposes of sanitation).
3.
GUARANTOR
If there is a Guarantor, he
guarantees that the Tenant will keep to his obligations in this agreement. The
Guarantor agrees to pay on demand to the Landlord any money lawfully due to the
Landlord by the Tenant.
4.
Recovery of possession
during the term
4.1 The Landlord is entitled to terminate this Tenancy
Agreement and obtain a court order to evict the Tenant if:
4.1.1
any instalment of the Rent
is not received in full within 14 day of the date when the Landlord formally
demands it after it has fallen due, or
4.1.2
the Tenant fails to
comply with any of the Tenant’s obligations under this Tenancy Agreement, or
4.1.3
the Tenant becomes
bankrupt or an interim receiver of his property is appointed, or
4.1.4
the Tenant (without
making arrangements with the Landlord or the Landlord’s Agent) leave the
Property vacant or unoccupied for more than three weeks.
THIS AGREEMENT is
intended to give rise to an Assured Shorthold Tenancy as defined in Section 19A
of the Housing Act 1988 and as amended by the Housing Act 1996