Residential assured shorthold tenancy agreement

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RESIDENTIAL ASSURED SHORTHOLD TENANCY AGREEMENT
FOR ALL TYPES OF RESIDENTIAL ACCOMMODATION
FURNISHED AND UNFURNISHED

TENANCY AGREEMENT

PREMISES:

Description (House/Maisonette/Flat/Suite of Rooms)[Together with so far as the Landlord is able to grant the same and where necessary the right to use the entrance hall lift staircase outer door and vestibule in common with the tenants occupiers and persons having the like right]{and the garden(if any)} and TOGETHER with the fixtures furniture and effects (hereinafter referred to as “the contents” now in or upon the Premises and more particularly specified in the Inventory thereof signed by or on behalf of the parties hereto.

Address of Premises: 16 Waterbank Close, Sandstone Park, KA9 9YX

LANDLORD: Mariah Evans

Address of Landlord: Flat 22, 54 Putney Road, London, W1 0JP

the expression “the Landlord” shall where the context admits include the person for the time being entitled in reversion expectant on the tenancy hereby created).

TENANT/S: Mr. David Johnes & Ms. Kate Smith

Address of Tenant: 25 Cardiff Road, Plumstead, PA1 2AA

GUARANTOR:

Address of Guarantor:

TERM: A term of 364 days from the Commencement Date:

COMMENCEMENT DATE: 14th March, 2010

RENTAL PERIOD: MONTH

RENT: £650.00 for each rental period payable in advance on the first day of each such rental period.

DEPOSIT: £650.00

DEFINITIONS:

“Premises” in these Conditions includes Landlord’s fixtures and fittings therein.
If two or more persons are together the Tenant their obligations to the Landlord shall be joint and several.
References to the masculine gender include female, plural and singular and to “month” mean calendar month.

DULY AUTHORISED AGENT: Ernest-Old of 32 Norwood Place, Bexley Park, BE2 2WE

The Landlord lets and the Tenant takes the premises for the term and at the rent specified above.
This tenancy is subject to and the Tenant agrees to be bound by the General Tenancy Conditions printed overleaf with the amendments and additions to them (if any set out under the Heading “Special Tenancy Conditions”) printed on the last page hereof.
This Agreement is intended to give rise to an assured shorthold tenancy
The Tenant shall pay to the Landlord or the duly authorised agent on the signing of this Agreement the amount of the Deposit (If any specified) and the first payment of rent provided always that the Landlord may deduct from the Deposit what ever monies may be due to him from the Tenant either against the Inventory or by virtue of any breach by the Tenant or any of his obligations under this Agreement.

As soon as practicable after the determination of the tenancy (howsoever the same may be determined) the Landlord or the duly authorised agent shall retain (and account to the Landlord for) such part of the Deposit as the Landlord or the duly authorised agent 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 pay all costs, charges and expenses incurred in connection therewith including the agent’s reasonable fees and disbursements and shall account to the Tenant for any balance of such sum. If the deposit shall be insufficient for the purposes aforesaid the Tenant shall pay to the Landlord forthwith on demand such further sum as shall in the opinion of the Landlord or the duly authorised agent be required for such purposes.

Date: ...............

Signed ...............	Signed ...............
...............	...............
(by or for Landlord)	(Tenant/s)

GENERAL TENANCY CONDITIONS:

TENANTS OBLIGATIONS:

The Tenant will:

Pay the rent to the Landlord at the times and in the manner specified (whether demanded or not) and will pay interest at the rate of 4% per annum above the base rate of HSBC Plc for the time being in force on any rent in arrears for more than fourteen days calculated from the date upon which such rent was due to be paid to the date which it is actually paid. If only part of the rent has been paid the interest will be calculated on the rent as a whole.
Arrange forthwith with the relevant authorities for all accounts in respect of gas, electricity, water rates, council tax, and the telephone (if any) to be addressed to the tenant and in his own name.

Pay for all gas and electricity consumed on or supplied to the premises during the Term and for all charges made for the use of the telephone (if any) and for the water supply and sewerage charges as directed by the appropriate water authority on the premises during the Term within seven days after receipt by the Tenant of the respective accounts failing which the Landlord reserves the right to have the gas, electricity, or water or telephone services disconnected. Tenant shall not be permitted to change the number of the telephone, except in the cases of nuisance calls and the landlord or agent must be notified of any change.

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;
Keep the interior of the Premises during the term in as good and clean state of repair, condition and decoration as the Premises are in at the commencement of the term and make good all damage and breakages to the premises which may occur during the Term (fair wear and tear excluded) and immediately replace all broken glass defective tap, washers, electric light bulbs and fuses.
Not carry out any redecoration of the said Premises or any part thereof without the previous consent in writing of the Landlord or the Landlord’s agents and in case of any breach of this stipulation the Tenant shall be responsible for the entire cost of redecoration at the expiration or sooner determination of the tenancy.
Keep the garden (if any) properly cultivated and free from weeds and in a neat and tidy condition and any lawns properly mown and trees and shrubs pruned and not alter the layout of the garden. Not damage or injure the Premises or make any alteration or addition to the Premises.
Not remove the contents or any part thereof or any substituted items from the Premises
1. Not alter or change or install any locks on any doors or windows in or about the premises or have any additional keys made for any locks without the prior written consent of the Landlord;
2. If any such additional keys are made, deliver up the same 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 keys belonged.
Permit the Landlord and his agents with or without workmen and others, at all reasonable times during the tenancy subject to prior notice being given (except in the case of emergency) to enter into and upon the Premises for the purposes of inspecting and repairing and painting the outside thereof or of carrying out and completing any structural or other necessary and proper repairs to the Premises or any adjoining premises or of examining the state and condition of the Premises or contents
Keep the drains, gutters, chimneys (if any), pipes of the Premises clear.
Keep clean all the windows of the Premises and replace all broken glass.
Not assign, sub-let or part with possession of the whole or any part of the premises.
Use the premises only for the purpose of a private residence in single occupation and for no other purpose whatsoever and not take in or receive any lodgers, boarders or paying guests or permit or suffer to reside in the Premises any person or persons other than the Tenant and his immediate family save as provided in Clause 22 herein.
Not carry on or permit to be carried on upon the Premises any profession trade or business whatsoever not do or suffer to be done in the Premises or elsewhere anything which may be or become a nuisance annoyance or inconvenience to the Landlord or the tenants or occupiers of any neighbouring premises or which may invalidate any insurance of the Premises or increase the premium for such insurance.
1. Not permit any sale by auction to be held on the premises,
2. Not use or permit the Premises to be used for any illegal unlawful or immoral purpose.
Not place or exhibit any notice board or notice whatsoever on any part of the premises not remove from the windows of the Premises any curtains save for the purpose of cleaning the same.
Not without the prior written consent of the Landlord to keep or suffer to be kept in the Premises any cat, dog or other pet.
Deliver up to the Landlord the Premises and Landlords contents and all new fixtures and additions thereto (except such as the Tenant shall be entitled by law to remove) or the articles substituted for the same at the expiration or sooner determination of the tenancy in such good condition, cleanliness and complete repair as aforesaid.
Preserve the Landlords contents from being destroyed or damaged and make good pay for repair or replace with articles of a similar kind and of equal value any such parts of the Landlord contents as shall be destroyed, lost, broken or damaged (fair wear and tear and damage by accidental fire and other insured risks only excepted)
Not bring to the Premises any additional furniture without the written consent of the Landlord (unless agreed as an unfurnished let), or his agent and leave the contents at expiration or sooner determination of the tenancy in the rooms and places in which they were at the commencement of the tenancy.
Pay for the cleaning of all linens, bedcovers, blankets, duvets, pillows, and similar articles which shall have been soiled during the tenancy and for upholstery, carpets and curtains to be professionally cleaned annually.
Upon receipt from the Landlord or his agents of a notice in writing specifying wants of repair, cleansing and restoration to the interior of the Premises and of all destruction, loss breakage or damage of or to the contents as the Tenant shall be bound to make good the found damage within one month then next following the Tenant shall repair, cleanse amend and restore or make good the same accordingly and this clause is without prejudice to any other rights or remedies of the Landlord.
If and so long as the Tenant is a Company the premises may be occupied only by an employee of the Tenant whose name shall be first submitted to and approved in writing by the Landlord or his agents and so that, (a) not more than one such employee together with his household and bona fide visitors may reside in the premises at any one time, (b) such employee shall not be granted any tenancy or other legal interest in the Premises nor shall he be granted any tenancy or other legal interest in the Premises nor shall he be charged or permitted to pay any rent or similar payment, (c) without prejudice to the liability of the Tenant hereunder such employee while occupying the Premises shall comply with all the terms and conditions of this Agreement relating to the conduct of persons resident in the Premises.
Not play any musical instrument, use any sound production equipment or raise voices to a level that would cause annoyance or disturbance to adjoining residents and without prejudice to the generality of the foregoing not between the hours of 11.pm and 7.am to play any such instrument or use any such equipment so as to be audible outside the Premises.
Keep the television set (if any) and all other electrical appliances in good working order and pay for the licence of any television set or a proper proportion thereof according to the duration of the tenancy.
Not deposit or store fuel elsewhere than in any receptacle provided for the purposes not keep any combustible or offensive goods provisions or material upon the Premises.
Not hang or allow to be hung any clothes or other articles on the outside of the Premises not allow any linen or clothes to be exposed for drying other than in a garden or suitable area.
Not pull down, alter or add to or in any way interfere with the construction or arrangement of the Premises and not cut into or injure or make any holes in or affix anything to the walls, ceilings and floors of the Premises. Picture hooks may be used.
Keep open and in good working order and free from obstruction all baths, sinks, taps and lavatories, cisterns, waste and other pipes on the Premises and indemnify the Landlord against all damage through any breach of this stipulation or through leakage or overflow from any such drains or fittings resulting from any such breach as aforesaid.
Promptly repair or clean or cause to be repaired or cleaned (as the case may be) at the Tenants expense any burst pipes resulting from the default or negligence of the Tenants his servants or agents and meet the cost thereof and take all reasonable precautions during the Term to prevent the freezing or bursting of water pipes and storage tanks.
Forthwith give notice to the Landlord or his agents of:
1. any damage defect or want of repair affecting any of the Landlords content and in addition to his other liabilities hereunder the Tenant shall be liable for all loss and expense arising from failure to give such notice even though such damage defect or lack of repair may have resulted from fair wear and tear.
2. any damage or defect or want of repair of whatsoever nature affecting the Premises of which the Tenant becomes aware;
3. any notice proceeding or letters(except for notices served by the Landlord on the Tenant) served either at the Premises or on the Tenant relating to the Premises or use thereof.
During the last two months of the Tenancy allow prospective tenants/purchasers to be shown over the Premises upon prior notice being given to the Tenant and in case it shall not be convenient for the Tenant to be at the Premises at the time of any such viewing to make keys available to the Landlords agents so that such agents may escort prospective tenants/purchasers over the Premises.
If the tenant or any agent appointed by him shall not keep a mutual appointment made by the Landlord or Landlords agent to check the said Inventory at the end of the tenancy then the tenant shall pay any additional cost incurred by the Landlord/Agent in making and attending a second appointment to check the said Inventory and if neither the Tenant nor his Agent shall keep a second appointment any assessment made by Landlord or Agent of the compensation or other sums payable by the Tenant shall be final and binding on the Tenant.
If the Tenants goods or any goods belonging to members of the Tenants household shall not have been removed from the premises at the time of expiration or sooner determination of the tenancy (I) pay to the Landlord damages at a rate equal to the Rent then payable for the Premises until the Tenant shall have removed all such good and (ii) pay to the Landlord any additional expenses incurred by the Landlord in checking the said Inventory (which cannot be checked until all goods belonging to the Tenant or members of his household have been removed)
Hand over to the Landlord or his agents by 12 noon on the last day of the tenancy whether on its expiration or sooner determination all keys to the premises.
Not leave the Premises unoccupied for any period whatsoever without locking or securing all doors and windows, and the setting of installed alarms (if any).
Perform and observe any obligations and register and be responsible for payment of Council Tax.
Not smoke within the premises unless permission has been granted by the Landlord.

FORFEITURE

PROVIDED as follows:

If the said rent or any instalment or part thereof shall be in arrear or unpaid for at least fourteen days after the same shall have become due (whether legally demanded or not) or
If the Tenant shall go into liquidation or execute any deed or arrangement or agreement for the benefit of the creditors of the Tenant or
In the event of the breach of any agreements on the part of the Tenant herein contained or
If any order shall be made or effective resolution passed for the dissolution or winding up of the Tenant or any similar proceedings in any country whatsoever resulting from the Tenants insolvency or
If the Premises (without any arrangement having previously been made with Landlord or his agents) be left vacant or unoccupied for a period exceeding twenty-eight days the Landlord may re-enter the Premises and immediately thereupon the tenancy shall be absolutely determined without prejudice to the other remedies of the Landlord hereunder.

Except that the tenancy shall not be deemed to so determine in the event of the Landlord or his agents entering the Premises for the purposes mentioned in Clause 8 herein
The Landlord shall not be liable or responsible for any injury or damage suffered by the Tenant or any occupier of the Premises or any person being a servant of the Tenant or being on the premises with his express or implied permission or occurring to the said Premises or to the fixtures, chattels or property of the Tenant or of any such person therein by reason or any defect in the Premises or through neglect default of misconduct of any agent or other servant employed by the Landlord.
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 and the Landlord shall be entitled to assume without enquiry.

DETERMINATION

If the premises or any part thereof shall at anytime during the said Term be destroyed or damaged by fire explosion or otherwise so as to be unfit for occupation this Agreement shall forthwith determine without prejudice to the rights of the parties hereunder.

LANDLORDS OBLIGATIONS

The Landlord agrees with the Tenant as follows:

To pay and indemnify the Tenant against all rates, taxes, and outgoings in respect of the Premises (Other than those mentioned in Clauses 2 & 36 above) and
That the Tenant paying the rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the Premises during the Tenancy without any unlawful interruption from the landlord or any person under or in trust for the landlord.
During the said term herein granted to pay the rent reserved by any Head Lease and to perform (so far as the Tenant is not liable for such performance under the covenants on his part herein before contained) all the lessee’s covenants contained therein.
To repair or replace any internal or external fixtures and fittings and domestic appliances that form any part of the tenancy agreement in case of malfunction, default or damage suffered as a result of normal wear and tear. Or in the case of a Leasehold Property report to the Managing Agent any repairs covered under the service charge payments.

THE DEPOSIT

The Landlord/Landlord’s agent acknowledges receipt of the deposit as stated on the front of this tenancy agreement as a security deposit. The deposit will be protected in one of three government-authorised schemes and the tenant will be informed by the landlord which scheme the landlord has chosen — within 14 days.

The deposit will be held as security for -

Any rent due to the Landlord
Any monies payable by you as Tenant under this agreement which remain unpaid
Any damage to the property for which you as the Tenant may be responsible subject to an allowance being made for fair wear and tear
Any unpaid accounts for utilities at the property including electricity and gas or standing charges
Any breach by you as Tenant of your obligations under this agreement
Any sum repayable by the Landlord to the local authority where housing benefit has been paid directly to the Landlord by the local authority and any costs incurred by the Landlord in enforcing the terms of this agreement
Any additional agents fees for the reletting of the property, should you vacate early.

This deposit should not be used in lieu of the last months rent

The Landlord reserves the right to keep back all or part of the deposit until he is satisfied that

All charges payable by you as Tenants in respect of council tax and utilities at the property have been paid
No housing benefit paid directly to him by the local authority during the term of the tenancy is repayable to the local authority.

The Landlord/Landlord’s agent will return the deposit to you as Tenant within 10 days following the end of the tenancy -

If you have vacated the property on the agreed date
You have returned all keys relating to the property to the Landlord/Landlord’s agent and
There are no deductions to be made under the above clause

The Landlord/Landlord’s agent will return the deposit to you as the Tenant after taking off any moneys due to the Landlord under the above clause (if any) but if the monies due are more than the deposit you shall pay the excess to the Landlord within 14 days of a written demand.

No interest is payable on deposits held

GUARANTOR

The guarantor at the request of the Tenant and in consideration of the tenancy hereby created HEREBY COVENANTS AND GUARANTEES with and to the Landlord that:

The tenant shall at all times during the tenancy hereby created duly pay the respective rents hereby reserved at the times and in the manner at and which the same are hereinbefore reserved and made payable and duly observe and perform all the covenants on the part of the Tenant and the conditions herein contained.
The Guarantor shall at all times hereafter pay and make good to the Landlord all losses costs damages and expenses occasioned to the Landlord by the non-payment of the said rents or any of them or any part thereof or the breach non-observance or non-performance of any of the said covenants and conditions as aforesaid and further that any neglect or forbearance on the part of the Landlord in enforcing or giving time to the Tenant for payment of the said rents or any of them or any part thereof or the observance of performance of any of the said covenants and conditions shall not in any way release the Guarantor in respect of his liability under the covenant or guarantee on his part hereinbefore contained.

If the Tenant (being a Company) shall be dissolved or (being an individual) shall become bankrupt and the Liquidator or Trustee in Bankruptcy (as in the case may be) shall disclaim this tenancy the Guarantor shall nevertheless upon demand pay to the Landlord a sum equal to the rent that would have been payable under this tenancy but for the disclaimer in respect of the period from the date of the said disclaimer until the expiration of three months therefrom or until the Premises shall have been re-let by the Landlord whichever shall first occur.

NOTICES

Any notice request, demand or other instrument under this Agreement shall be in writing and may be served on the Tenant either at the last known registered office and/or business address of the Tenant, or at the premises by sending it by first class post or delivery by hand to such Premises and on the Landlord either personally or by delivering it or sending it by post or by hand to his agents and where sent by post such notice, request or demand shall be deemed to be delivered two days after the date of when such notice was placed in the post (except on a Saturday when three days shall be allowed).

SCHEDULE 2 to the Housing Act 1988 as amended by the Housing Act 1996

Ground 1:

Not later than the beginning of the tenancy the Landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of the notice and (in either case) –

at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
the landlord who is seeking possession, or in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his or his spouse’s only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.

Ground 2:

The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and –

the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and
the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and
either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;

and for the purposes of the ground “mortgage” includes a charge and “mortgage” shall be construed accordingly.

CONTRIBUTIONS

The Tenant agrees to pay the Landlord’s costs of and in connection with:

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;
Any breach 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 on a Solicitor and own client basis.

SPECIAL TENANCY CONDITIONS

(none applicable)

WITNESSED SIGNATURES

Signed for and on behalf of the above named LANDLORD(s)

.................................../...................................
(Landlord/Agent)

In the presence of

...................................
(Full Name of Witness & Signature)
...................................
(Address of Witness)
...................................
...................................
...................................
(Occupation)

Date:

Signed for and on behalf of the above named TENANT(S)

...................................(Tenant 1.)
(Tenant(s))
...................................(Tenant 2.)
(Tenant(s))

In the presence of
...................................
(Full Name of Witness & Signature)
...................................
(Address of Witness)
...................................
...................................
...................................
(Occupation)

Date:

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Residential assured shorthold tenancy agreement