Tenancy agreement for letting a furnished dwelling

TENANCY AGREEMENT FOR LETTING A FURNISHED DWELLING ON AN ASSURED SHORTHOLD TENANCY PURSUANT TO THE HOUSING ACT 1996

THIS AGREEMENT is made the 27th day of January 2006 BETWEEN Assured Tenancy Agreement Ltd of 29 Golden Mine Road, London, N1 4RL (hereinafter called "the Landlord" which expression shall include where the context so admits the person or persons entitled in reversion immediately expectant on the tenancy hereby created) of the first part and Mr John Tenant of 503 Yale dr 12, Queensburg, QQ1 1QQ of the second part (hereinafter together called "the Tenant" which expression where the context so admits includes the persons deriving title under the Tenant)

WHEREBY IT IS AGREED as follows:

1.a) The Landlord shall let and the Tenant shall take ALL THAT one bedroom Flat 4 forming part of the building known as Leyton Court, Leyton rd, London, SE12 5DR TOGETHER WITH the use of the entrance hall staircase outer door and vestibule of the said building in common with the other tenants and occupiers thereof TOGETHER WITH the fixtures furniture equipment and effects therein including those mentioned in the Inventory (where prepared) thereof signed by or on behalf of the parties (which said property fixtures furniture equipment and effects is herein referred to as "the Property") FOR A TERM of one year less one day from the 27th day of January 2006 ("the Commencement Date") AT RENT of £693.33 (six hundred and ninety three pounds and thirty three pence) per calendar month (subject nevertheless as hereinafter provided) clear of all deductions such rent to be payable in advance of the 27th day in each month the first of such monthly payments to be made on the signing hereof

1.b) The Tenant agrees to take the property insofar as the Landlord can grant the Tenant rights to the use and occupation of the Property, together with its furniture and effects as may be listed on any inventory accompanying this Tenancy Agreement, and confirms that the Tenant has inspected the property and found it suitable for his/her purposes and in clean condition and good repair.

2. The Tenant shall pay the sum of £693.33 (six hundred and ninety three pounds and thirty three pence) deposit to the Landlord or his agent (as agent of the Landlord) in the case of managed properties to be held as security against rent, any obligations required of the Tenant under this Tenancy Agreement, any repairs which are the responsibility of the Tenant, and for any legal proceedings which may be commenced by the Landlord against the Tenant. In the event of there being any subsequent dispute regarding return of the deposit, the Tenant shall seek the return of This from the Landlord and agrees to indemnify the Agent against legal action for the return of the Deposit. The deposit will be refunded by cheque upon the Tenant giving proof that all gas, water, electricity, telephone and Council Tax bills for the properly have been paid and upon a satisfactory report and schedule of dilapidations (if any) accrued at the termination of the Tenancy and prepared by the Inventory Clerk (appointed by the Landlord’s Agents) shall be accepted by each of the parties hereto and it is agreed that the decision of the Inventory Clerk (where inventory has been prepared) in respect to Whether or not any item of dilapidation’s has or has not accrued is attributed to either party is final and binding upon them. The tenant is to have the property cleaned at the end of the tenancy. Should the keys for the electric meter (if applicable) the card for the gas meter (if applicable) or any of the keys for the front door be lost or not returned to this office at the end of the tenancy the tenant will be charged in each and every case any cost incurred by the Landlord. The tenant hereby agrees that under no circumstances may the deposit be used to offset the final months rent

3 The Tenant further agrees with the Landlord as follows:

(1) To pay the rent on the days and in manner aforesaid

(2) To arrange for all gas electricity and telephone accounts to be put into the name of the tenant during the tenancy and to pay for all gas and electricity used together with all standing charges relating thereto and all charges for telephone service and to ensure that all of such services continue throughout the tenancy without alteration. The tenant shall not transfer the services to a different supplier without written permission from the Landlord.

(3) Not to carry on or permit to be carried on upon the Property any profession trade or business whatsoever but to use the Property only as a private residence in the occupation of the Tenant

(4) Within seven days of the receipt by the Tenant of any notice order or proposal made given or issued to the Tenant by the local or other competent authority under or by virtue of any enactment to give full particulars thereof to the Landlord and also without delay to take all reasonable or necessary steps to comply with such notice or order

(5) Keep the interior of the Property and all fixtures and fittings therein in the same good clean state and condition as it was in at the date hereof (fair wear and tear and damage by accidental 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 moneys refused in consequence of some act or default on the part of or suffered by the Tenant) and immediately replace all broken glass.

(6) 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 moneys refused in consequence of some act or default on the pan of or suffered by the Tenant)

(7) Deliver up to the Landlord the Property and all the 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 where an Inventory has been prepared 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 aforesaid.

(8) Keep cleansed and free from obstruction all gutters sewers drains sanitary apparatus water and waste pipes and ducts exclusively served to or forming part of the property where applicable.

(9) 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

(10) Upon completion of the tenancy howsoever determined ensure that the all linen including bed linen carpets curtains and soft furnishings are in as clean a condition as at the commencement of the tenancy and where necessary to arrange and pay for cleaning

(11) Permit the Landlord and all others authorised by them and its agents with or without workmen and others at all reasonable times during the tenancy (but at any time in case of emergency) to enter the Property for the purpose of 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 of any of the said fittings and equipment and to provide them with such gas, water or electricity as maybe needed by them to undertake the repairs.

(12) Permit the Landlord and all others authorised by them during the last two months of the tenancy (howsoever determined) in the event of the Landlord wishing to sell or otherwise deal with its reversion at reasonable times of the day to view the Property by prior appointment and permit the Landlord to put up and maintain in a conspicuous position in the front part of the Property a notice that the same is to be let or disposed of

(13) Permit the Landlord or Agent with or without workmen and others upon giving reasonable written notice (except in emergency / repairs) to enter upon the Property at all reasonable times during the day 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 his agents to give to the tenant notice in writing of all dilapidation’s wants of repair cleansing painting amendment and restoration to the Property then found and which are the responsibility of the Tenant hereunder and of all destruction loss breakage or damage of or to the furniture equipment and effects as the Tenant shall be bound to make good then found such notice shall 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 within the said period of one month then the Tenant shall permit the Landlord to enter upon the Property and execute such work at the expense of the Tenant and pay to the Landlord the expenses of any such work upon demand on a full indemnity basis, The tenant also permits the Landlord or his agent to hold a key for the purposes of an emergency / repairs or to inspect the property.

(14) Not remove the Landlords furniture and effects whether or not specified in an Inventory or any part thereof or any substituted furniture equipment and effects from the Property without the previous consent in writing of the Landlord

(15) Not assign underlet charge or part with or share possession use or occupation or grant any formal or informal lights of possession use or occupation or otherwise over or in respect of the Property or any part thereof

(16) Not leave the Property vacant or unoccupied for a period in excess of 28 consecutive days without first giving notice to the Landlord of the intention so to do

(17)

(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 remain undelivered or the landlord has to replace the locks pay to the Landlord on demand any costs incurred by the Landlord in replacing the locks and keys to which the lost keys belonged rent to be due until the locks are operable

(iii) Not, without the consent in writing of the Landlord, make available a key to any other person

(18) The Tenant shall not allow any conduct causing or likely to cause a nuisance or annoyance to any person residing, visiting or otherwise engaged in lawful activity in the locality, neither shall the Tenant make or permit to be made any racist behaviour whatsoever. In particular, no music shall be played which can be heard outside the property between the hours of 11pm and 9am or which shall cause a nuisance or annoyance to others at any other time.

(19) 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 placard sign or poster of any description and not 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

(20) Not permit any waste spoil or destruction to the Property

(21) Not keep any animals or reptiles (including without prejudice to the generality of the foregoing any dog or bird) on the Property

(22)

(i) Not 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 scheme or colours thereof

(ii) Not do or permit or suffer to be done anything upon the Property which shall cause damage to or deterioration of the internal or external surfaces thereof or the coverings or decorations of or to such surfaces

(23) Pay the Landlord's costs including VAT thereon 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 bleach by the Tenant of any covenant contained in this Agreement whether for the payment of rent or otherwise whatsoever and in the case of legal costs of a Solicitor on an own Client basis

(24) 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 belonging to the Landlord or the Tenant

(25) To pay and indemnify the Landlord against payment of Council Tax and Water Rates or any substitute or replacement thereof payable or charged in respect of the property or the occupation thereof

(26) Forthwith upon demand (whether before or after the expiration or sooner determination of the term) to pay to the Landlord such sum as shall represent the cost to the Landlord of making good or otherwise remedying any breach on the part of the tenant of his obligations hereunder including but not limited to the cost of making good any damage to the property and the fixtures fittings furniture equipment and effects together with such further sum as shall be equivalent to the rent payable hereunder for such period (if any) following the expiration or sooner determination of the term as it shall take the Landlord to make good or otherwise remedy any breach

(27) The Tenant is not to permit to be parked so as to cause any obstruction or annoyance in or on any approach road or passageways leading to the Property any motor car, bicycle, perambulator or other vehicle used by the Tenant, their friends, servants or other visitors to the property.

(28) The Tenant hereby authorises the Landlord to dispose of any such property belonging to the Tenant which is left behind in the property seven days after the ending of the Tenancy, by whatever means the Landlord considers suitable, including total destruction if necessary, and agrees to indemnify the Landlord against claims from any third party owners of such property, and also agrees not to make any claim against the landlord whatsoever for the disposal of such property.

(29) Not to lop, top or cut down or damage any trees shrubs or plants growing upon the premises or alter the general character of the garden and to keep the grounds and garden in good order throughout according to the season of the year.

(30) Replace all defective tap washers, fuses, light bulbs and fluorescent tubes as and when necessary

(31) Not to permit to be discharged in the drains any oil, grease or any deleterious, objectionable, dangerous or explosive matter.

(32) Not to deposit or accumulate any waste, rubbish or refuse in any part of the premises other than in the dustbins provided.

(33) The Tenant undertakes to inform the Landlord or his Agent immediately of any item of disrepair to the property and undertakes not to incur any expenditure on the Landlord’s behalf without the consent of the Landlord in writing. It is expressly agreed by the Tenant that any expenditure incurred without written authority will not be reimbursed. In the event of gas water or electricity becoming unsafe for any reason, the Tenant undertakes to immediately notify the Landlord or his Agent and the appropriate supplier.

4.

(a)

(i) The Landlord or the Landlords agent for managed properties shall hold the deposit hereinbefore referred to as stakeholders throughout the term of the tenancy hereby created 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 by the Tenant during the Tenancy without the prior consent of the Landlord or the Landlords agent the Tenant shall forthwith on demand by way of additional rent pay to the Landlord 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 Landlord's surveyors shall retain such part of the deposit necessary to enable the Landlord as at the date of such determination to make good any breach or non-compliance by the tenant with its obligations hereunder and shall account to the tenant for any balance of such sum of the deposit shall be insufficient for the purpose aforesaid the Tenant shall pay to the Landlord forthwith on demand such further sum as shall be required for such purposes, and the decision of the landlords surveyors shall be final and binding upon all parties.

(b) If any rent or other money payable by the Tenant to the Landlord under the provisions hereof shall not be paid within fourteen days of the day on which it became due, (whether legally demanded or not) the same shall be payable with interest thereon at the rate of six per centum per annum above Lloyds Bank Plc’s Base Rate for the time being in force calculated on a day to day basis from the day upon which it became due down to the date of payment.

(c)

(i) In the event of any breach of any of the agreements on the part of the Tenant herein contained or implied or

(ii) If the property shall without consent as aforesaid be vacant or unoccupied or if the Tenant abandons the property or

(iii) If the Tenant being an individual shall become bankrupt or if the Tenant shall enter into any composition with his Creditors or suffer any Distress of his goods in the Property or

(iv) In the event of any of the circumstances mentioned in Grounds 8,10,11-15 of part (ii) of Schedule 2 Housing Act 1988 (covering rent arrears) as amended by Housing Act 1996 (covering ill treatment of property) or

(v) If the Landlord was induced to grant the Tenancy by a false statement made knowingly or recklessly by (a) the Tenant or (b) by a person acting at the Tenant’s instigation the Landlord shall be entitled to re-enter on the Property (subject always to any statutory restriction on his power to do so) and immediately thereupon the Tenancy shall absolutely determine without prejudice to any other remedy of the Landlord

5. PROVIDED that if the rent or any part thereof shall be in arrears for at least twenty-one days after the same shall have become due (whether legally demanded or not) or if the Tenant shall fail to observe and perform all or any of the agreements on the part of the Tenant herein contained the Landlord may (subject to the provisions of the Housing Act 1988 relating to Assured Shorthold Tenancies) re-enter upon the whole or any part of the Property in the name of the whole and thereupon the tenancy shall absolutely determine but without prejudice to any other rights and remedies of the Landlord

6. The Landlord agrees with the Tenant that

(a) The Tenant paying the rent and performing and observing all the agreements herein contained may quietly possess and enjoy the Property during the tenancy without any lawful interruption or by the Landlord or any person claiming through or under or in trust for the Landlord

(b) The Landlord will pay to keep the Property insured against loss or damage by fire tempest flood or explosion and other risks usually covered by a comprehensive insurance policy on buildings in England to the full value thereof and to provided a yearly gas safety checks on the property

(c) If the Property or any part thereof shall be destroyed or rendered unfit for use or habitation by fire tempest flood explosion or by reason of any defect or want of reparation in the building by the Landlord then the rent reserved (or a fair proportion thereof according to the nature and extent of the damage) shall cease to be payable for so long as the property or any part thereof shall remain unfit for use the amount in case of dispute to be settled by arbitration

(d) During the said term to keep in working condition the electrical appliances central heating system and other equipment provided by the Landlord for the Tenant's use and situated within the Property save and except damage or mis-use by the Tenant

(e) Notwithstanding the terms of this Agreement, the Tenant or the Landlord may terminate this Agreement by giving two months written notice to the other by post such notice not to commence before 27th July 2006 and immediately after the expiration of such notice this agreement shall cease and be void but without prejudice to any claim by either party against the other in respect of any antecedent breach of any covenant or condition herein contained

f) In the event that the Agreement is for a fixed term then notice to terminate at the end of the Agreement must be given by the Tenant or Landlord two months before the end of the term.

7. When applicable the Landlord and the Tenant agree to share equally the cost of the checking in and out at the beginning and end of the tenancy and the preparation of the Inventory Clerk's report

8. In the event that more than one person constitutes the tenant under this agreement the liabilities of the tenant shall be joint and several.

9. Other Charges

The deposit shall be forfeit in its entirety if the Tenant ends the Tenancy during the first 6 months of the Tenancy, and this includes the situation where the Tenant, having signed for the Tenancy fails to take up the Tenancy.

The Tenant shall also pay the Landlord or his Agent’s reasonable costs for the Tenant’s failure to adhere to the Tenancy term, and the Tenant agrees to pay for the following additional charges:

a) Where the Landlord or his Agent sends to the Tenant a letter concerning any Breach of the Tenancy (Including rent arrears) the Tenant shall pay the fee of £20.

b) Where the Landlord or his Agent sends to the Tenant a Notice under Section 8 of the Housing Act (for any breach of the Tenancy) the Tenant shall pay the fee of £35.

c) VAT will be charged additionally if applicable.

Repairs - Landlord

Under S11 LANDLORD AND TENANT ACT 1985 the Landlord is responsible for the following repairs, the Act goes on to say “In determining the standard of repair required by the Lessors repairing covenant regard shall be had to the age, character and prospective life of the dwelling house and the locality in which it is located.” This provides a guide to the standard of repair you can reasonably expect from your landlord.

1. To keep in repair the structure and exterior of the dwelling house (including drains, gutters and external Pipes)

2. 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 for sanitation)

3. To keep in repair and proper working order the installations in the dwelling house for space heating and heating water. The same Act states that the repairing covenant shall not be construed as requiring the Landlord to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling house.

10. For the purpose of service of any Notice the address of the Tenant shall be the Property and of the Landlord in accordance with S48 Landlord and Tenant Act 1987 shall be 222 East Gareth Road London NW2 and the regulations set out in Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Act 1962 shall apply

The Guarantor (if any) Agrees with the Landlord:

1. (A) That during the Tenancy the Tenant will pay rent and carry out all the Tenant’s agreements and obligations under the Agreement.

   (B) If the Tenant fails to pay the rent or defaults in carrying out the Tenant’s agreements and obligations that on demand the Guarantor will indemnify the Landlord against all losses, claims, liabilities, costs an expenses arising out of or in connection with the failure to pay of default incurred by the Landlord in connection therewith.

2. It is agreed that the Guarantor’s liability under this clause will not be discharged or affected by any alteration on the rent or any variation to the Tenancy or alteration in the terms of the tenancy or act, neglect or giving of time by the Landlord endeavouring to obtain payments or in enforcing the Tenant’s agreements or obligations and if the Tenants surrenders any part of the Property the guarantor's liability will continue in respect of the part not surrendered. Any liabilities accrued at the date of surrender will continue unaffected.

3. The Guarantee will continue and apply to any extension of the Tenancy and to any Statutory Periodic Tenancy relating to the Property to which the Landlord and the Tenant are Parties.

AS WITNESS the hands of the parties hereto the day and year above written

Signed by the landlord -

In the presence of -

Signed by the tenant(s) -

In the presence of -

Signed by the tenant(s) -

In the presence of -

Signed by the guarantor -

In the presence of -