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Tenancy agreements
1. Introduction
2. Types of tenancy
3. Contents of the document
4. Example agreement
Viewing property
Tenancy agreements
Example agreement
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This example of a tenancy agreement is really here so that you can familiarise yourself with what the document may look like. If you are a landlord, you would be advised not to copy and and paste this into a Word document and print it out, as you would normally need to insert clauses that are specific to your property. However, you are quite welcome to do this if you wish.
ASSURED SHORTHOLD
TENANCY
AGREEMENT
For letting a residential dwellinghouse
1. This Tenancy Agreement is for letting furnished or unfurnished residential accommodation on an assured shorthold tenancy within the provisions of the Housing Act 1986 as amended by part III of the Housing Act 1996. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant.
2. This agreement may be used for residential tenancies of three years or less. Agreements for tenancies of a longer duration should be drawn up by deed.
3. A Notice of assured shorthold tenancy need no longer be served on the Tenant for new tenancies created on or after February 28, 1997.
Note for Tenants
1. This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the rent for the agreed term. The agreement may not be terminated early unless the agreement contains a break clause, or written permission is obtained from the landlord.
2. If you are unsure of your obligations under this agreement, then you are advised to take independent legal advice before signing.
THIS AGREEMENT is made on the date specified below BETWEEN the Landlord and Tenant. It is intended that the tenancy created by this Agreement is and shall be an assured shorthold tenancy within the meaning of the Housing Act 1988 as amended by the Housing Act 1996.
| Date | ____________________________ |
| Landlord(s) | ____________________________ |
| ____________________________ | |
| ____________________________ | |
| ____________________________ | |
| ____________________________ | |
| Landlord's agent | ____________________________ |
| Note: Any notice under Landlord and Tenant Act 1987 s48 can be served on the landlord at the above address. | |
| Tenant(s) | ____________________________ |
| ____________________________ | |
| ____________________________ | |
| ____________________________ | |
| ____________________________ | |
| ____________________________ | |
| ____________________________ | |
| Property | The dwellinghouse known as ____________________________ |
| Contents | The fixtures and fittings at the Property, together with any furniture, carpets, curtains and other effects listed in the Inventory (where applicable) |
| Term | For the term of ____________________________ |
| Commencing on ____________________________ | |
| Rent | £____________________________ per calendar month of the term |
| (IN WORDS) | |
| Payment | in advance be equal monthly payments on the _____day of every month |
| First payment to be made on _____ of _____________ | |
1. The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the Term at the rent payable as above.
2. The Tenant pays the Deposit as security for their performance of the Tenant's obligations and to pay an compensate the Landlord for any breach of those obligations. It is agreed that this sum shall not be transferable by the Tenant in any way, and at any time against the payment of the Rent and that no interest shall be payable on this Deposit. The balance of the Deposit is to be paid to the Tenant only after vacation of the Property, such amount to be assessed at the outgoing check upon termination of the Agreement.
3. The Tenant agrees with the Landlord:
(3.1) To pay the Rent on the days and in the manner specified to the Landlord.
(3.2) To pay promptly to the authorities to whom they are due, council tax and outgoings (including water and sewerage charges, gas, electric, light and telephone (if any) relating to the Property), including any which are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any reconnection fee relating to the supply of water, gas, electricity and telephone if the same is disconnected.
(3.3) Not to damage or injure the Property and Contents or make any alteration or addition to it. Any redecoration is to be made only with the prior written consent of the Landlord or his Agent.
(3.4) Not to leave the Property vacant for more than 30 consecutive days and to properly secure all locks and bolts to the doors, windows and other openings when leaving the Property unattended.
(3.5) To keep the interior of the Property and Contents in good clean condition and complete repair (damage by accidental fire and reasonable wear and tear excepted) and to keep the Property at all times well and sufficiently aired and warmed during the tenancy.
(3.6) To immediately pay the Landlord or his Agent the value of replacement of any furniture or effects lost or damaged or destroyed or at the option of the Landlord, replace immediately any furniture or effects lost, damaged or destroyed, and not to remove or permit to be removed any furniture or effects from the Property.
(3.7) To arrange for the Property to be professionally cleaned on the termination on the Tenancy. To pay for any cleaning services that may be requires to reinstate the Property to the same order that it was provided at the commencement of the tenancy including the washing and ironing or cleaning of all linen, carpets and curtains which shall have been soiled during the tenancy.
(3.8) To leave the Contents at the end of the tenancy in the same places in which they were positioned at the commencement of the tenancy.
(3.9) That the Landlord or any person authorised by the Landlord or his Agent may at reasonable times on giving 24 hours' notice (unless in the case of an emergency) enter the property for the purpose of viewing, inspecting its condition and state of repair or for the purpose of repair, maintenance or repainting.
(3.10) Not to assign, or sublet, part with possession of the Property, or to let any other person live at the Property.
(3.11) To use the Property as a single private dwelling and not to use it or any part of it for any other purpose nor to allow anyone else to do so.
(3.12) Not to receive paying guests or carry on or permit to be carried on any business, trade or possession on or from the Property.
(3.13) Not to do or permit or suffer to be done in or on the property any act or thing which may be a nuisance damage or annoyance to the Landlord or to the occupiers of the neighbouring premises, or which may void any insurance of the Property or cause the premiums to increase.
(3.14) Not to keep any animals or birds or other living creature on the Property without the Landlord's written consent such consent if granted to be revocable at will by the Landlord.
(3.15) To keep the gardens (if any) including all driveways, pathways, lawns, hedges and rockeries, neat tidy and properly tended at all times and not remove any trees or plants and to keep any garage in good order.
(3.16) To replace all broken glass in doors and windows damaged during the tenancy.
(3.17) Not to 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.
(3.18) Not to use the Property for any illegal or immoral purpose.
(3.19) To pay and compensate the Landlord fully for any costs expense loss or damage incurred or suffered by he Landlord as a consequence of any breach of the agreement on the part of the Tenant in this Agreement and to indemnify the Landlord from, and against, all actions claims and liabilities in that respect.
(3.20) To notify the Landlord, or the Landlord's Agent, promptly in writing of any disrepair, damage or defect in the Property or of any event which causes damage to the Property or which may give rise to a claim under the insurance of the Property.
(3.21) Not to glue stick or otherwise fix anything whatsoever to the exterior or interior of the Property without the Landlord's written consent.
(3.22) To take all reasonable precautions to prevent damage by frost.
(3.23) Where the Landlord's interest is derived from another lease ("the Headlease") then it is agreed that the Tenant will observe the restrictions in the Headlease applicable to the Property. A copy of the Headlease, if applicable, is attached
(3.24) In order to comply with the Gas and Safety Regulations, it is necessary
a) that
the ventilation provided for this purpose in the Property should
not be blocked
b) that
brown or sooty build up on any gas appliance should be reported
immediately to the Landlord or the Landlord's agent
(3.25) To keep the drains free from obstruction and to keep the chimney swept as often as necessary.
(3.26) Not to introduce into the Property any portable heaters fired by liquid or bottled gas fuels without the Landlord's prior written consent.
(3.27) That the Tenant shall be responsible for testing all smoke detectors (if any) fitted in the Property on a regular basis and replace the batteries as necessary.
(3.28) Within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord or the Landlord's agent at reasonable hours in daytime to enter and view the Property with prospective tenants or purchasers.
(4) The Landlord agrees with the Tenant that
(4.1) provided the Tenant shall pay the Rent and perform the agreements on his part already referred to, the Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord or his Agent.
(4.2) the Landlord will return to the Tenant any rent payable for any period during which the Property may have been rendered uninhabitable by fire or any other risk which the Landlord has insured.
(4.3) all necessary consents have been obtained to let the Property.
(4.4) he will pay for all Water rates, including sewerage rates, assessments and outgoings in respect of the Property (except for council tax and charges for the supply of gas or electricity, light and power or the use of any telephone).
(5) The Landlord may re-enter the Property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the Landlord if the Tenant has not complied with any obligation in this Agreement or should the Rent be in arrears by more than fourteen days whether formally demanded or not.
(6) The Landlord agrees to carry out any repairing obligations as required by section 11 of the Landlord and Tenant Act 1985.
(7) In this Agreement unless the context otherwise requires the following expressions shall have the following meanings:
"The Landlord" includes the persons for the time being entitled to the reversion expectant on determination of the tenancy
"The Tenant" includes the successors in title. Whenever there is more than one Tenant all covenants and obligations can be enforced against all of the Tenants and against each individually.
(8) The parties agree:
(8.1) Notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of the Housing Act 1988 if applicable. That is, that the Landlord used to live in the Property as his or her main home, or intends to occupy the Property as his or her only or main home.
(8.2) The tenancy may be brought to an end if the mortgagee requires possession on default of the borrower under Ground 2, Schedule 2 of the Housing Act 1988.
(8.3) Any notice served by the Landlord on the Tenant shall be sufficiently served if sent by registered or recorded delivery post to the Tenant at the Property or the last known address of the Tenant or left addressed to the Tenant at the Property.
(9) This agreement may be terminated by either the Landlord or the Tenant upon serving two months notice in writing not to be served before _____ of _____________
(10) The Property is let together with the special conditions (if any) listed on the First Schedule attached hereto
THE FIRST SCHEDULE (attach a separate sheet if necessary)
|
SIGNED BY THE LANDLORD(S) (or the Landlord's Agent) __________________________ __________________________
|
In the presence of: - Name __________________________ Address __________________________ __________________________ Occupation __________________________ Witness signature_______________________ |
|
SIGNED BY THE TENANT(S) __________________________ __________________________ __________________________ __________________________ __________________________ __________________________ |
In the presence of: - Name __________________________ Address __________________________ __________________________ Occupation __________________________ Witness signature_______________________ |
FIRST SCHEDULE
This Schedule will not be included as part of the Tenancy Agreement unless signed by both the Tenant(s) and the Landlord (or Agent acting on the Landlord's behalf)
The Landlord has authorised the items listed below to be included in the property as part of the furnishings. They will be provided to the property as soon as they can reasonably be procured:
|
_______________________________ |
_______________________________ |
The Landlord has authorised that the following works or repairs to the property will be carried out as soon s is reasonably practicable:
|
______________________________________________________________ |
Signature of Tenant(s) __________________________
__________________________
__________________________
__________________________
__________________________
__________________________
Date __________________________
Signature of Landlord __________________________
(or Landlord's Agent) __________________________
Date __________________________
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