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This is the contract that we use for all of our Assured Shorthold Tenancies. It protects both you and the Landlord. There is quite a bit to read, so take some time to familiarise yourself with it! |
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DATED 2005
The Landlord Street Name London Post Code
and
Tenant Name Address 1 Address 3
AGREEMENT FOR AN ASSURED
SHORTHOLD TENANCY
Premises: Address of Property
Commencing: Start Date
Term: 12 months less one day
Rent: £Amount per calendar month
SHFUR
THIS ASSURED SHORTHOLD TENANCY AGREEMENT is made the XXh day of XX , Two Thousand and Four BETWEEN Landlord's Name and Address (hereinafter called “the Landlord” which expression shall where the context so admits include the person or persons for the time being entitled to the reversion expectant on the determination of the tenancy hereby created) of the one part and Tenant's Name and Address (hereinafter called “the Tenant”) of the other part WHEREBY IT IS AGREED as follows:
1. THE Landlord shall let and the Tenant shall take the Property situated at and known as Address of Property to be Rented (hereinafter called “the Property”) together with the furniture fixtures and effects now in and upon the Property hereby agreed to be demised and more particularly specified in the Inventory annexed hereto and signed by or on behalf of the parties hereto for the term of 12 months less one day commencing on the XXth day of XX two thousand and four at the rent of £XX per calendar month for the duration of the said term to be payable monthly in advance by Bankers Standing Order on the XXth day of each and every month, the first of such payments to be made on the signing hereof.
2. THE Tenant shall pay on the signing hereof a deposit of £XX to the Landlord’s Agent as stakeholder, to be dealt with in accordance with Clause 4(b) hereof.
3. THE Tenant shall:
(a) Pay the rent at the time and in the manner aforesaid without any deduction or abatement whatsoever such rent shall be paid by Bankers Order or cheque drawn on the Tenant’s account only
(b) To pay interest at 4% above the published base rate of Barclays Bank Plc on any rent due paid more than fourteen days after it falls due.
(c) (i) Arrange forthwith with the relevant authorities for all accounts in respect of gas, water rates, electricity, the telephone (if any), the Council Tax (or any substitute charge), and the television licence at the Property to be addressed to the Tenant in his own name and to pay all standing charges in connection with the same and all charges for all gas fuel oil electric light and power which shall be consumed or supplied on or to the Property during the tenancy and the amount of all charges made for the use of the said telephone and to pay all charges for the Council Tax (or any substitute charge) and the television licence and not to allow any of the said services to be disconnected altered or removed and shall ensure that the said services are operating throughout the tenancy and the Tenant shall not change or permit to be changed the number of the telephone and not transfer the said number at the end of the tenancy.
(ii) Without prejudice to the generality of the foregoing arrange and discharge accounts for all such services for the period down to the date of the expiration or sooner determination of the tenancy and for the addressing of all subsequent accounts to the Landlord or as the Landlord shall direct.
(iii) Forthwith send any notice the Tenant received relating to the Property to the Landlord.
(d) Use the Property in a tenant-like manner at all times throughout the tenancy.
(e) Keep the interior of the Property and all fixtures and fittings therein in the same good clean state and condition and repair as it was at the date hereof (fair wear and tear and damage by accidental fire or other risk insured against by the Landlord only excepted unless the relevant policy of insurance shall have been rendered void or voidable or payment of the whole or part of the insurance monies refused in consequence of some act or default on the part of or suffered by the Tenant) and immediately replace all broken glass.
(f) Keep all electric lights in good working order and in particular to replace all fuses bulbs and fluorescent tubes as and when necessary.
(g) Preserve the furniture equipment and effects from being destroyed or damaged and make good pay for repair or replace with articles of a similar kind and of equal value such of the furniture equipment and effects as shall be destroyed lost broken or damaged (fair wear and tear and damage by accidental fire or other risk insured against by the Landlord only excepted unless the relevant policy of insurance shall have been rendered void or voidable or payment of the whole or part of the insurance monies refused in consequence of some default on the part of or suffered by the Tenant).
(h) Keep or procure to be kept the garden (if any) at the Property in good order the borders free from weeds and not lop cut down or remove or otherwise injure any tree shrub or plant growing upon the premises or alter the general character of the garden and throughout the tenancy cultivate the garden in a responsible manner according to the season of the year and similarly to tend and keep in good heart any houseplants in the Property.
(i) Deliver up to the Landlord the Property and all original or new fixtures and additions thereto (except such as the Tenant shall be entitled by law to remove) and the furniture equipment and effects specified in the Inventory or the articles substituted for the same at the expiration or sooner determination of the tenancy in such good clean state and condition and repair as set out in this Agreement (fair wear and tear and damage by accidental fire or other risk insured against by the Landlord excepted).
(j) (a) Keep cleansed and free from obstruction all gutters sewers drains sanitary apparatus water and waste pipes and ducts belonging to or forming part of the Property and replace all washers when necessary and (if applicable) to keep the Landlord and all other tenants and occupiers of the building of which the Property forms part fully indemnified against failure to comply with this covenant due to any act or default by the Tenant.
(b) Take all reasonable precautions to prevent damage to the sewers sanitary apparatus water and waste pipes and the water system generally by freezing during the winter months and in the event of such damage caused by the Tenant’s failure to take such precautions the Tenant shall forthwith and at the Tenant’s expense effect all such necessary repairs to reinstate the system into good working order.
(k) Leave the furniture equipment and effects at the expiration or sooner determination of the tenancy in the rooms or places in which they were at the commencement of the tenancy.
(l) Pay for the washing (including ironing or pressing) of all linen and for the washing and cleaning (including ironing or pressing) of all counterpanes blankets and curtains and the steam or other appropriate cleaning of all carpets and upholstery which shall in the opinion of the Landlord’s Agents and the Inventory Clerk whose decision shall be final and binding on the Tenant have been soiled during the tenancy.
(m) Permit the landlord and (if applicable) the Superior Landlord or their respective Agents with or without workmen and others at all reasonable times during the tenancy upon reasonable notice (except in case of emergency) to enter the Property for the purpose of inspecting repairing and painting the outside thereof or of carrying out or completing any structural or other necessary or proper repairs to the Property or maintenance or cleaning of any of the said fittings and equipment
(n) Permit the Landlord the Agents or those with written authority from the Landlord or the Agents during the last two months of the tenancy (howsoever determined) or at any time during the tenancy in the event of the Landlord wishing to re-let sell or otherwise deal with its reversion at reasonable times of the day to view the Property by prior appointment
(o) Permit the Landlord or the Agents with or without workmen and others upon giving reasonable notice (except in emergency) to enter upon the property at all reasonable times during the daytime for the purpose of examining the state and condition of the interior of the Property and of the furniture equipment and effects therein and thereupon to permit the Landlord or the Agents to give the Tenant notice in writing of all dilapidations wants of repair cleansing painting amendment and restoration to the Property then found and the responsibility of the Tenant hereunder and of all such destruction loss breakage or damage of or to the furniture equipment and effects as the Tenant shall be bound to make good then found and by such notice to require the Tenant to repair cleanse paint amend and restore and make good the same respectively within one month from the service of such notice and if the Tenant fails to execute the aforementioned work within the said period of one month then permit the Landlord to enter upon the Property and execute such work at the expense of the Tenant and forthwith pay the Landlord the expenses of any such work upon demand on a full indemnity basis.
(p) Not remove the furniture equipment and effects specified in the Inventory or any part thereof of any substituted furniture equipment and effects from the Property and not to bring onto the Property any of the Tenant’s own furniture and equipment without the Landlord’s permission.
(q) Not assign underlet charge or part with or share possession or occupation of the Property or any part thereof
(r) Not carry on or permit to be carried on from the Property any profession trade or business whatsoever or let apartments or receive paying guests on the Property but use the same as a private residence in the occupation of the Tenant only.
(s) (i) Not leave the Property vacant or unoccupied for a period in excess twenty-eight days without first giving written notice to the Landlord or Agent of the intention so to do and obtaining a written acknowledgement from the Landlord or the Agent of such notice.
(ii) Ensure that the Property is secured at all times against unauthorised entry which obligation shall extend (not by way of limitation) to fully locking all doors and windows and activating the burglar alarm (if any).
(t) (i) Not alter or change or install any locks on any doors or windows in or about the Property or have any additional keys made for any locks without the prior written consent of the Landlord.
(ii) If any such additional keys are made deliver the same up to the Landlord together with all original keys at the expiration or sooner determination of the tenancy and in the event that any such keys have been lost pay to the Landlord on demand any costs incurred by the Landlord in replacing the locks to which the lost key belonged.
(u) (i) Not to do or suffer to be done any act or thing which may be nuisance or annoyance to the Landlord or to the occupiers of any adjoining premises or which may vitiate any insurance of the Property or the contents thereof against fire or otherwise increase the ordinary premium thereon and in particular without prejudice to the generality of the foregoing not to use or play any electrical or musical instruments of any kind or practice any singing in the Property so as to cause annoyance to nearby residents or occupiers or at all so as to be audible outside the Property between the hours of 11pm and 9am.
(ii) In the event of loss or damage by fire theft impact or other causes immediately to inform the Landlord or his Agents and thenceforth give full written details thereof in order to enable the Landlord to make a claim to the Landlords insurance company.
(v) Not affix or exhibit or permit or suffer to be affixed or exhibited on or from the Property so as to be visible outside the same any flag placard sign or poster of any description and not affix to the windows of the Property externally or internally any Venetian or other blinds except of such colour and construction as shall be previously approved by the Landlord and not to hang or expose in or upon any part of the Property so as to be visible from the outside any clothes washing of any description or any other articles except in an area of the garden (if any) specifically set aside for this purpose.
(w) Have all the chimneys and flues belonging to the Property thoroughly swept and cleansed as often as necessary.
(x) Clean all the windows of the Property and all net curtains therein regularly and at the end of the tenancy.
(y) Not deposit any store of coal or fuel elsewhere than in any receptacle or tank provided for the purpose nor keep any combustible inflammable dangerous or offensive goods provisions liquids or materials on the Property.
(z) Not permit any waste spoil or destruction to the property.
(aa) Not keep any birds animals or reptiles (including without prejudice to the generality of the foregoing any dog or bird) on the Property.
(bb) (i) Not to make any alterations or additions to the Property or erect any new buildings thereon and not to cut maim or injure any of the walls or timbers of the Property or suffer or permit the same to be done.
(ii) Not to pull down alter add to or in any way interfere with the construction or arrangement of the Property or the internal or the external decoration or decoration scheme or colours thereof.
(iii) Not to do or permit or suffer to be done anything upon the Property which shall cause damage to or deterioration of the internal or external surface thereof or the coverings or decoration of or to such surfaces and in particular without prejudice to the generality of the foregoing shall not hang affix place or stand any picture placard poster or similar item upon in or against any wall and shall not pierce nail pin screw peg or bolt into any walls or ceilings.
(cc) Pay the costs of and in connection with:
(i) The preparation and completion of this Agreement including any stamp duty payable thereon.
(ii) The checking of the said Inventory at the termination of the tenancy (however the same may be determined) and the preparation of any Schedule of dilapidations whether during or at the end of the said tenancy.
(dd) Pay the Landlord’s reasonable costs of and in connection with:
(i) All applications by the Tenant for any consent or approval of the Landlord required by the terms hereof including those incurred in cases where a consent is refused or the application is withdrawn.
(ii) Any breach by the Tenant or any covenant contained in this Agreement whether for the payment of rent or otherwise whatsoever and in the case of legal costs on a solicitor and own client basis.
(ee) Procure that at all times during the tenancy hereby created there is a current valid television receiving licence in force in respect of any television set in the Property whether such a set belongs to the Landlord or the Tenant.
(ff) (if applicable):
(i) Perform and observe at all times during the tenancy the Lessees or Tenants covenants (other than the covenants as to payment of rent and service charges) and the conditions and stipulations contained in the Lease under which the Landlord holds the Property insofar as such performance and observance is not the sole responsibility of the Landlord under the terms thereof and indemnify the Landlord from and against all actions costs claims and demands arising out of any breach non-observance or non-performance thereof by the Tenant so far as aforesaid provided always that the covenants conditions and stipulations aforesaid shall not operate so as to confer upon the Tenant any right power or privilege which is not expressly granted by this Agreement.
(ii) Not do any act matter or thing which under the terms of the said Superior Lease requires the approval of the Superior Landlord without obtaining such approval in addition to any approval of the Landlord required by the terms of this Agreement in all cases at the Tenant’s own expense whether or not such approvals are granted.
(iii) Inform the Landlord promptly (and in any event within three days of becoming aware) of any damage destruction or want of repair to the Property or any fixtures and fittings thereon.
4. PROVIDED ALWAYS AND IT IS HEREBY AGREED as follows:
(a) (i) If the rent or any instalment or part thereof shall be in arrears or unpaid for at least fourteen days after the same shall have become due (whether legally demanded or not); or
(ii) If in the event of the breach of any of the Agreements on the part of the Tenant herein contained or implied; or which has not been remedied or waived by or on behalf of the Landlord; or
(iii) If the Property shall without consent as foresaid be left vacant or unoccupied; or
(iv) If the Tenant being an individual shall become bankrupt or being a company shall enter into liquidation whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation as a solvent company) or if the Tenant shall enter into any composition with his creditors or suffer any distress on his goods in the Property;
Then the Landlord may re-enter on the Property and immediately thereupon the tenancy shall absolutely determine without prejudice to any other remedy of the Landlord.
(b) (i) The Agents shall hold the deposit hereinbefore referred to throughout the term of the tenancy hereby created on behalf of the Landlord as security for compliance by the Tenant with the obligations of the Tenant under this Agreement and the payment holding and use of the same shall be without prejudice to any other rights and remedies of the Landlord whether express or implied.
(ii) If recourse shall be had to the deposit during the tenancy the Tenant shall forthwith on demand by way of additional rent pay to the Agents such amount as shall be required to restore the amount of the deposit to the sum hereinbefore specified.
(iii) As soon as practicable after the determination of the tenancy (howsoever the same may be determined) the Agents shall retain (and account to the Landlord for) such part of the deposit as the Agents shall deem necessary to enable the Landlord as at the date of such determination to make good any breach or non-compliance by the Tenant with his obligations hereunder and to pay all reasonable costs charges and expenses incurred in connection therewith including the Agents’ reasonable fees and disbursements and shall account to the Tenant for any balance of such sum. If the deposit shall be insufficient for the purpose aforesaid the Tenant shall pay to the Landlord forthwith on demand such further sum as shall in the opinion of the Agents be required for such purposes.
(c) Any person other than the Tenant who pays the rent due hereunder or any part thereof to the Landlord shall be deemed to have made such payment as agent for and on behalf of the Tenant which the Landlord shall be entitled to assume without enquiry.
(d) If the said Inventory has not been prepared and signed by the parties hereto prior to the date hereof the Landlord or the Agents will provide an Inventory to the Tenant within one week of the date hereof and the Tenant shall sign and return a copy thereof to the Agents within three days of receipt of the same. If the Tenant shall not return such a signed copy within such period (of which time shall be of the essence) the Tenant shall be deemed to have accepted the Inventory as prepared unless within such period he notifies his objections to the same in writing to the Agents.
(e) Any Notice under this Agreement to the landlord shall be served on the Landlord or the Agents personally or by registered post. A Notice sent by registered post shall be deemed to be delivered forty-eight hours after it is placed in the post. Any Notice to the Tenant shall be deemed sufficiently served if it is sent by registered post to the Property and shall be deemed to be received forty-eight hours after posting.
5. THE Landlord agrees with the Tenant as follows:
(a) That the Tenant paying the rent and performing the Agreements on the part of the Tenant may quietly possess and enjoy the Property during the tenancy without any unlawful interruption from the Landlord or any person claiming under or in trust for the Landlord.
(b) To return to the Tenant any rent payable and in fact paid in advance for any period while the Property is rendered uninhabitable or inaccessible by reason of fire (unless the result of the act or default of the Tenant) the amount in case of dispute to be settled by arbitration.
(c) (if applicable) Pay the rent reserved by the said Superior Lease and observe and perform the terms and conditions thereof so far as it is not the Tenant’s responsibility so to do pursuant to the terms thereof and pay all taxes assessments and outgoings (except the Council Tax) in respect of the Property other than such as shall be payable by the Tenant.
(d) To insure or if applicable if the said Superior Lease provides for the Superior Landlord to insure to endeavour to procure the insurance of the Property and the said furniture fixtures and effects with a reputable company and to keep the same insured during the period of the tenancy against loss or damage by fire and such other risks as the Landlord in his absolute discretion deems necessary.
(e) To keep in repair and proper working order the installations contained in the Property for the supply of water gas and electricity and all mechanical and electrical items including all washing machines dishwashers and other similar mechanical or electrical appliances save and except for any radio or television sets as are included in the said furniture equipment and effects but not further or otherwise PROVIDED that this Agreement shall not be construed as requiring the Landlord to carry out any works which the Tenant is liable by virtue of his duty to use the Property and the furniture equipment and effects in a tenant-like manner and PROVIDED FURTHER that the Tenant shall indemnify the Landlord in respect of the cost of repairs to such installations or items resulting from misuse of the same howsoever and by whomsoever caused.
6. THIS Tenancy Agreement shall take effect subject to the provisions of Section 8 and 11 of the Landlord and Tenant Act 1985 if applicable to the tenancy.
7. REFERENCES to the masculine gender shall include the feminine and vice versa and references to the singular number shall include the plural and vice versa.
8. WHERE there are two or more individuals included in the expression “the Tenant” covenants herein expressed to be made by the Tenant shall be deemed to be made by such persons jointly and severally.
9. THE Tenants shall forthwith register for the Council Tax with the local authority.
10. THE Landlord shall have the right to terminate the tenancy at any time after the first 10 month period by giving the Tenant not less than 2 months notice in writing to that effect and upon the expiration of such Notice this Agreement everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained.
11. THE Tenant shall have the right to terminate the tenancy at any time after the first 10 month period by giving the Landlord not less than 2 months notice in writing to that effect and upon the expiration of such Notice this Agreement everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained.
12. THE Landlord notifies the tenant pursuant to section 48 of the Landlord and Tenant Act 1987 that the address at which notices (including notices in proceedings) may be served upon the Landlord is care of Landlord's Details.
13. THIS agreement is intended to create an Assured Shorthold Tenancy as defined in Section 20 of the Housing Act 1988 and the provisions for the recovery of possession by the Landlord in Section 21 thereof apply accordingly.
AS WITNESS the hands of the said parties the day and year first before written
SIGNED BY/ON BEHALF OF LANDLORD: ........................................................................
SIGNED BY THE TENANT: : ................................................................................................
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