Tenancy agreement-Assured shorthold tenancy

ASSURED SHORTHOLD - TENANCY AGREEMENT

This agreement is made on the date ________.

The parties

BETWEEN the Landlord ________ address ________, email ________ and ________.

It is intended that the tenancy created by this Agreement is and shall be an assured shorthold tenancy within the meaning of the Housing Acts Date ________ by ________ months.

The Rent
The rent is £ ________ per month payable in advance on the first seven days every month.

The Property
________
________
________

The Deposit
________

The Tenant pays the Deposit as security for the performance of the Tenant's obligations and to pay and compensate the Landlord for the reasonable costs of any breach of those obligations. It is specifically agreed that this money is not to be used by the Tenant as payment for any rent due under this agreement. No interest shall be payable on this Deposit.

If there is no dispute over the amount of the deposit to be refunded to the tenant, then the deposit must be paid to the tenant within 5 days from the date repayment of the deposit is requested. If the tenant or landlord has a dispute over the amount of the deposit being returned, they can avail of the dispute resolution mechanism provided free of charge by the scheme administrator.

The Guarantor
________, ________ agrees to pay, immediately on demand of the same, the rent, if the tenant misses payments in the manner indicated in this contract.

1. TERMS AND CONDITIONS

1.1 Period of tenancy. The tenancy starts on ________ (the entry date) including that day. The period of the tenancy is for ________ months from the start of this tenancy. Unless the landlord or the tenant has brought the tenancy to an end at, or before, the end of the period, the tenancy will continue on a month to month basis until terminated in terms of this agreement.

1.2 The Rent. £________ per calendar month payable in advance from the start of the Tenancy in equal monthly instalments by ________ unless until changed on a Rent Review Date in accordance with this Agreement.

1.3 Bills. The tenant is solely liable for the payment of all charges for the supply of utilities (such as electricity, gas, water and telephone), in respect of the accommodation during the period of the tenancy. The tenant will take all reasonable steps to transfer such utilities into his/her own name. The tenant must not seek, or allow, disconnection of any utility, or alter the identity of the supplier without the prior written permission of the landlord. The tenant will be liable for the cost of reconnection of any of these services.

1.4 Joint and several liability. If more than one tenant signs the agreement each will be liable together and individually for all obligations of the tenancy.

1.5 Common Parts. The Tenant will use any common Parts.

1.6 Declarations by tenant.The signature of the tenant on this agreement confirms the following:

• that the tenant has not knowingly or carelessly given false or misleading information to the landlord in connection with obtaining this tenancy;
• that the tenant made a full and true disclosure of all information sought by the landlord in connection with the grant of this tenancy.

1.7 Service of notices Any notices or documents may be served on or sent to the landlord . The landlord shall be entitled to send, serve or deliver any notice or document to the tenant at the address of the accommodation.

1.8 Service of notices Any notices or documents may be served on or sent to the landlord . The landlord shall be entitled to send, serve or deliver any notice or document to the tenant at the address of the accommodation.

1.9 Permissions. Wherever in this agreement the permission of the landlord is required, that permission will not be unreasonably withheld or delayed.

2. USE OF THE ACCOMODATION

2.1 Private Residence. The tenant as named in this agreement must occupy the accommodation only as his/her private residence.

2.2 Assignment. The tenant is not entitled to assign the tenancy, sub-let any part of the accommodation, take in lodgers or other paying guests or otherwise part with possession of any part of the accommodation without the prior written permission of the landlord. The tenant must not operate any kind of business from the accommodation without the prior written permission of the landlord.

2.3 Take reasonable care. The tenant, and those living with or visiting the tenant, will take reasonable care not to cause or allow damage to be caused to the accommodation, decoration, fixtures, fittings, furnishings, the common parts and property of neighbours.

2.4 Security. The tenant and landlord will take all reasonable steps to safeguard the accommodation against burglary. The tenant will inform the landlord in advance if the accommodation is to be left unoccupied for more than 30 days.

2.5 No illegal or immoral use. The accommodation must not be used for illegal or immoral purposes.

2.6 Pets. The tenant must not keep any domestic pets without the prior written consent of the landlord.

2.7 Common parts tidy. The tenant must keep the common parts clean and tidy to the extent that it is within his control to do so.

2.8 Refuse. The tenant must ensure that all household refuse is disposed of in an appropriate manner and at the appropriate time in the bins provided. The local council’s arrangements for refuse collection must be complied with. Rubbish must not be placed anywhere in the common parts and should be put out for collection only on the day designated for collection.

3. RESPECT FOR OTHERS

3.1 Anti-social behaviour The tenant, those living with the tenant and visitors to the accommodation must not harass, or act in an anti-social manner to any person in the neighbourhood on any ground, including that person’s racial or ethnic origin, colour, religion, sex, gender, sexual orientation, age, disability or other status.

3.2 Anti-social means causing, or likely to cause, alarm, distress, nuisance or annoyance to any person or causing damage to anyone’s property. Harassment of a person includes causing the person alarm or distress.

3.3 The landlord must not interrupt or interfere with the tenant’s right to quiet enjoyment of the property. The landlord cannot make unannounced visits and must comply with the terms of this agreement and the law in all dealing with the tenant.

4. REPAIRS AND MAINTENANCE

4.1 Landlord’s Responsibilities and Rights

4.1.1 Commencement of tenancy The landlord ensures that at the beginning of the tenancy, the property is fit to be lived in.

4.1.2 Fire Safety The landlord will be responsible for ensuring that all furniture and furnishings, and all electrical, gas, fire safety, domestic heaters, and other appliances and equipment meet the current requisite safety standards/regulations.

4.1.3 Safety checks. The landlord will provide copies of required safety checks made in relation to gas appliances of flues.

4.1.4 Repairs. During the course of the tenancy, the landlord will carry out repairs or other work necessary to make the accommodation fit to be lived in. The landlord or his agent will take care of the tenant’s property when carrying out such repairs.

4.1.5 Specific repair obligations. The landlord will keep in repair and reasonable order:

• The structure and exterior of the property, including drains, gutters, external pipes and paintwork
• Any fixtures, fittings or furnishings which the landlord has provided under the terms of the tenancy
• Installations for supply of the gas, water, electricity, space heating and water- heating
• Appliances for making use of the supply of water, gas, electricity or other sources of heating
• Installations for sanitation (including basins, sinks, baths, showers, toilets)
• Installations for the detection of smoke, fire, carbon monoxide and intruders
• Door entry systems

4.1.6 The landlord’s obligations to repair, maintain and decorate must be construed subject to the following:

• The landlord is not under any duty to repair or maintain anything which is a tenant's responsibility or to carry out any works for which the tenant is liable by virtue of this agreement or otherwise.
• The landlord is not under any duty to repair or maintain anything:
• which was not constructed or provided by the landlord, or any person from whom the landlord derived title, or any previous tenant (other than anything which was constructed or provided by the tenant and in respect of which the consent of the landlord has been given); or
• which the tenant is entitled to remove from the dwelling.
• The landlord is not required to rebuild or re-instate the dwelling house in the case of destruction or damage by fire, flood or other inevitable accident.
• In determining the standard of repair or maintenance necessary for compliance with the landlord’s obligations, regard is to be had to the age, character and prospective life of the dwelling at the time of the need for the relevant repair or maintenance.
• The landlord is not under any duty to carry out any work by virtue of its obligations to repair or maintain until a reasonable period has elapsed after the landlord has been given written and specific notice (by or on behalf of the tenant) of the need for such work.
• The landlord’s duties to repair, maintain and decorate are subject to the additional limitations provided for in paragraph 4.2.

4.1.7 Right of entry. The landlord has the right to enter the accommodation for inspection or to carry out repairs or maintenance to the accommodation or the utilities serving it, at reasonable times after providing reasonable prior written notice to the tenant. A landlord may enter the property unannounced if he has reason to believe that there is an urgent repair or emergency (eg a burst pipe, gas leak or fire) or if the landlord has reason to believe the property has been abandoned.

4.1.8 Common parts. The landlord will, in conjunction with other co-owners, take reasonable steps to keep the common parts in repair and fit for use by the tenant. Any part of the building which the tenant is entitled to use for access should be adequately lit and safe to use.

4.1.9 The landlord shall return to the tenant any rent payable in respect of any period during which the property may have been rendered uninhabitable.

4.2 Landlord’s Responsibilities and Rights

4.2.1 Duty to report. The tenant must report any damage to the accommodation, or the common parts, or the need for repairs or maintenance, as soon as reasonably practicable. The tenant must immediately report to the landlord any emergencies affecting the accommodation including interruption to the supply of water, gas and electricity.

4.2.2 Reasonable care and maintenance. The tenant is responsible for taking reasonable care of the accommodation. This includes carrying out minor routine maintenance, replacement of appliances and internal decoration. The tenant must keep the accommodation in a reasonable state of cleanliness and decoration.

4.2.3 Repairs through tenant fault. The tenant is responsible for repair (including replacement) of damage to the accommodation, or loss of any of the fixtures, fittings and items in the inventory, caused through the fault of the tenant, anyone in the tenant’s household or visitors of the tenant. For the avoidance of doubt the tenant must bear the cost of clearing blocked drains caused by dirty gully traps, or clearing waste pipes inside individual dwellings where the obstruction has been caused by misuse.

4.2.4 Alterations. The tenant is not entitled without the prior written permission of the landlord to:

• alter, improve or enlarge the accommodation
• add new fixtures or fittings to the accommodation
• install external satellite aerials or dishes
• erect any type of sign, flag or advertisement visible from outside the accommodation
• erect a shed, garage or other structure at the accommodation
• decorate the outside of the accommodation
• change any of the locks in the accommodation or add new locks.

4.2.5 Security of tenure. The tenant cannot be evicted from the property without the correct notice to quit and a possession order issued by a court of law if the notice to quit has expired, although the tenant may be liable for legal costs incurred if an order is issued.

4.2.6 Illegal eviction and harassment. It is an offence for the landlord or anyone acting on his behalf to harass the tenant or the tenant’s household or illegally evict them. This could include interfering with the home or the tenants possessions or cutting off services such as water or electricity with the intention of making the tenant leave the property. District councils have powers to take legal action should any of these occur.

5. ENDING THE TENANCY

The tenancy may be ended in any of the following ways:

• when the period of the tenancy has expired; or
• after the term of the tenancy has expired and the tenancy has continued on a month to month basis either party can give notice to terminate the tenancy; or
• in the case of material breach to the agreement by either party written notice must be given to the other party to terminate the tenancy.

5.2 The table below shows the minimum period of notice required by either party when ending the tenancy.

Length of Tenancy Notice to Quit	Notice to Quit
5 years or less	No less than 4 weeks written notice
More than 5 years and up to and including 10 years	No less than 8 weeks written notice
More than 10 years	No less than 12 weeks written notice

5.3 In order to evict a tenant, a landlord must follow the due process of law. This applies even where a tenant refuses to quit the property after a notice to quit has expired.
The landlord must obtain a court order as to forcibly remove the tenant or his possessions could be seen as an illegal eviction.

SIGNED BY THE LANDLORD

Name
________

Signature ________________________

Date ________

________