________ whose address for service of proceedings and notices ("the Landlord's Address") is:
1.2. The Tenant:
________ of:
1.3. The Guarantor:
________ of:
THE PARTIES AGREE THAT:
2. DEFINITIONS AND PARTICULARS OF TENANCY
2.1. Deposit
The Tenant must in addition to the first payment of Rent pay a deposit of £ ________ (________) to the Landlord prior to the commencement of the Agreement. The Deposit is to be held as security for the performance of the Tenant's obligations and in the event of any breach of those obligations will be used to pay and compensate the Landlord for the reasonable costs of such breach. It is specifically agreed that this money is not to be used by the Tenant as payment for any rent due under this Agreement.
2.2. The Property
The property to be leased under this Agreement is at the following address:
For the avoidance of doubt the Property includes:
A private garden
A private garage
2.3. The Common Parts
Common parts means:
2.4. Contents
All the fixtures and fittings, effects and furniture at the property including any furniture, carpets, curtains and other effects listed in the attached Inventory and Schedule of Condition.
2.5. The Rent
£ ________ (________) per calendar month payable in advance from the start of the Tenancy in equal monthly instalments.
2.6. Rent Payment Day
The same day of each calendar month, that being the same day of each month as the day of the month on which this Agreement commences, payable in advance with the sum of £ ________ being payable today, that being the first day of this Agreement. If a month doesn't have the same day of the month as that on which this Agreement commences, the Rent Payment day for that month only will be the last day of that calendar month.
e.g. if this Agreement were to commence on 13th December, rent would be payable on the 13th of each month but if this Agreement were to commence on 30th December, rent would be payable on the 30th of every month, except for February when rent would be payable on 28 February.
2.7. Term
A fixed term of ________ calendar months commencing on and including ________ .
2.8. Tenancy
Any reference in this Agreement to the Tenancy refers to the tenancy created under this Agreement.
2.9. Calendar Day
Calendar Day means any day of the 7-day calendar week, including weekdays and public holidays.
3. INTERPRETATIONS
3.1. In this Agreement
3.1.a. the words "include", "includes" and "including" are deemed to be followed by the words 'without limitation';
3.1.b. the word "today" refers to the date of this Agreement;
3.1.c. the word "liability" includes all costs, loss, damage, expenses and claims incurred or suffered by the relevant party;
3.1.d. the word "Utilities" refers to electricity, gas, water, foul water and surface drainage services, heating, ventilation, air conditioning, smoke and fumes related services, signals, electronic communications and all other utilities serving or consumed at the Property;
3.1.e. words introduced by the word 'other' do not have restrictive meaning even where preceded by words indicating or referring to a particular class of acts, things or matters;
3.1.f. an obligation not to do something includes an obligation not to cause or allow that thing to be done;
3.1.g. obligations owed by or to more than one person are owed by them or to them jointly and severally.
3.2. In the Agreement unless otherwise specified:
3.2.a. a reference to one gender shall include a reference to the other gender;
3.2.b. reference to clauses is a reference to a clause under this Agreement;
3.2.c. words which import the singular only shall also include the plural and vice versa;
3.2.d. where two or more persons are included in the expression "the Tenant", or any variation thereof, obligations contained within this agreement which are to be made by the Tenant shall be binding jointly and severally on them and their respective representatives and executors;
3.2.e. words importing persons, where that person is not a Tenant, include companies and vice versa;
3.2.f. where any obligation placed on any Tenant under this agreement provides for the Tenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party;
3.2.g. a reference to legislation is a reference to all legislation having effect in England and Wales at any time during the Term, including all Acts of Parliament and all regulations licences, notices and statutory codes of practice created under any Act of Parliament, local authority or court of competent jurisdiction.
3.2.h. a reference to particular legislation is a reference to that legislation as amended, consolidated or re-enacted from time to time and all subordinate legislation made under it from time to time, as such is in force at the present time.
4. LETTING
4.1. The Landlord lets the Property to Tenant for the Term at the Rent.
4.2. It is a condition of this Agreement that the Tenant and all permitted occupiers have a right to rent in accordance with the Immigration Act 2014.
5. OTHER PERMITTED OCCUPIERS
5.1. The Landlord agrees that, in addition to the Tenant the following persons who are not tenants may live at the Property: any children or other dependents of the Tenant who are under the age of 18 at the start of the Tenancy.
5.2. The Tenant must not allow any other persons to live at the Property without the express written consent of the Landlord.
5.3. The Tenant shall be responsible for ensuring that all permitted occupiers comply with the terms of this Agreement as far as is reasonably possible.
6. COMMON PARTS
In addition to the Property the Tenant will also have use of the Common Parts as reasonably required, in common with the owners or occupiers of other dwellings.
7. MORTGAGE
The Property is currently subject to a mortgage.
8. INTEREST
8.1. Interest of 3% above the Bank of England's base rate will be payable on any Rent (or any other sum payable) where this is overdue by more than 14 Calendar Days.
8.2. The interest will be payable from the date on which the sums fell due until the date of payment.
9. INVENTORY AND SCHEDULE OF CONDITION
9.1. An inventory and Schedule of Condition is attached to this Agreement and has been provided to the Tenant.
9.2. The Tenant must, within 14 Calendar Days from the start of the Tenancy, provide any written comments or amendments to the Inventory and Schedule of Condition, otherwise Tenant will be deemed to have accepted the contents of the same.
10. TENANT COVENANTS
The Tenant agrees and promises:
10.1. Payments
10.1.a. to pay the Rent to the Landlord
10.1.b. to pay the Council Tax to the Local Authority;
10.1.c. to pay the television license fee, broadband fees and any charges in respect of Utilities for the duration of the Term;
10.1.d. to pay the service charge, or other charge relating to the management of the property, incurred at the Property for the duration of the Tenancy;
10.1.e. to cover any reasonable costs incurred by the Landlord as a result of any failure of the Tenant to adhere to the obligations contained in this Agreement;
10.1.f. to cover the reasonable cost of repairs where the need for them is attributable to the failure of the Tenant to comply with the obligations set out in this Agreement;
10.2. Living in the Property and General Standards
10.2.a. to take all reasonable steps to keep the Property and Contents in good condition as set out in the Schedule of Condition and Inventory (reasonable wear and tear excepted);
10.2.b. to repair or replace any items or Contents (including windows) which have been damaged by the Tenant, children of the Tenant or guests of Tenant;
10.2.c. not to pour any inappropriate or unsuitable materials into the drains, pipes, liveries, gutters and plumbing;
10.2.d. to keep the Property reasonably aired and warmed;
10.2.e. to take all reasonable precautions to protect the Property from frost;
10.2.f. to clean the windows inside and outside of the Property regularly;
10.2.g. to report without delay all disrepair, damage, defects and required repairs to the Property and Contents whether the Tenant is responsible for such or not;
10.2.h. not to affix any notice, sign, poster or other thing to the internal or external surfaces of the Property in such a way as to cause damage;
10.2.i. to ensure that ventilators are not blocked and that any build-up on any gas appliance is reported without delay to the Landlord;
10.2.j. ensure that all smoke and carbon monoxide alarms are properly looked after, switched on and have working batteries in them;
10.2.k. to keep any gardens, driveways, pathways, lawns, hedges and rockeries as neat, tidy and properly tended as they were at the start of the Tenancy;
10.2.l. to take all reasonable steps to keep the Property free from all pests and vermin and to inform the Landlord immediately of any infestation;
10.2.m. to dispose of all rubbish promptly and tidily, in an appropriate manner, and in accordance with local authority requirements;
10.2.n. to change any lightbulbs or fuses, as required;
10.2.o. not to keep any animals or pets on the Property without the Landlord's written consent;
10.3. Alterations
10.3.a. not to make any alterations or additions to the Property and garden without the express written permission of the Landlord;
10.3.b. not to remove any Contents from the Property;
10.3.c. 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;
10.4. Assignment/subletting
not to assign, or underlet, or sublet, or part with or share possession or occupation of the Property or any part of the Property, or take in lodgers or paying guests, or let any other person live at the Property unless they are an 'Other Permitted Occupier' as defined above;
10.5. Visits by the Landlord
10.5.a. to permit the Landlord (and any agents of the Landlord) to visit the Property with a minimum of 24 hours written notice (except in the case of emergency when no notice is required) for the purposes of:
I. examining its condition and state of repair,
II. maintaining or repairing the Property or any of the Contents;
III. carrying out safety inspections;
IV. carrying out any other inspection required by law; or
V. to fulfil any obligations of this Agreement or legal obligation;
10.5.b. to permit the Landlord (and any authorised agents of the Landlord) to conduct viewings with protective buyers or tenants at the Property during the last two months of the Tenancy, with reasonable notice;
10.5.c. to grant permission to the Landlord to enter the Property for insurance purposes where the Property is to be left unoccupied for more than 28 Calendar Days (and to notify and obtain permission from the Landlord of any such planned absence);
10.6. Use of the Property
10.6.a. to use the Property as an only or principal home;
10.6.b. to use the Property solely as a single private dwelling and not to use it or any part of it for any other purpose;
10.6.c. not to carry on or permit to be carried on at the Property any profession, trade or business except with the prior written consent of the Landlord;
10.6.d. not to do, suffer or permit to be done on the Property or any Common Parts any act or thing which may be or become a nuisance damage annoyance or inconvenience to the Landlord or any person residing, visiting or otherwise engaging in lawful activity upon, or any occupier of, any neighbouring land;
10.6.e. not to contravene the terms of any insurance of the Property or do anything which would increase the ordinary premium;
10.6.f. to comply with all legislation applicable to the use or occupation of the Property;
10.6.g. not to use the Property for any disorderly, anti-social, illegal, unlawful or immoral purpose;
10.6.h. to observe any restrictions in any head lease or lease from which the Landlord derives title and which are applicable to the Property;
10.6.i. to take all reasonable steps to ensure that the Property is secure whenever the Property is unoccupied;
10.6.j. not to leave cars visiting the Property or in the ownership of the Tenant in a position that may obstruct the free movement of other road users;
10.6.k. not to change the telephone number without the consent of the Landlord;
10.7. Vacating the Property
10.7.a to return all keys at the conclusion of the Agreement and provide a forwarding address to the Landlord;
10.7.b. to vacate the Property at the conclusion of the Agreement and to leave all Contents in the rooms in which they were at the start of the Agreement (as per the Inventory and Schedule of Condition);
10.7.c. to take all personal possessions belonging to the Tenant with them at the conclusion of the Agreement.
11. LANDLORD COVENANTS
The Landlord agrees and promises:
11.1. to give the Tenant possession of the Property at the start of the Tenancy;
11.2. to keep in tenantable repair and working order:
11.2.a. the structure and exterior of the Property;
11.2.b. the installations in the Property for the supply of Utilities; and
11.2.c. the installations in the Property for space heating and water.
11.3. to keep in repair and proper working order any of the Contents except where the damage or need to repair arises as a result of the failure of the Tenant to comply with the obligations of this Agreement;
11.4. that the Tenant paying the Rent and performing and observing all of the obligations under this Agreement may quietly possess and enjoy the Property during the Tenancy without any unlawful interruption from or by the Landlord or any agent of the Landlord.
11.5. to hold an appropriate landlord insurance policy, a copy of which will be provided the Tenant upon request (the Tenant is responsible for purchasing a contents policy should they choose to do so).
11.6. that Rent shall not be charged where the Property is destroyed or becomes uninhabitable, save in the case where this was caused by the Tenant.
12. RECOVERY OF POSSESSION FOR BREACH OF AGREEMENT
12.1. If and whenever during the Term:
12.1.a. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or
12.1.b. there is a breach of any of the obligations or agreements on the part of the Tenant; and
12.1.c. any grounds for possession in the Housing Act 1988, Schedule 2 apply.
12.2. The Landlord may re-enter upon the Property, or any part of the Property, in order to resume possession of the Property and its Contents and any substituted fixtures and furniture, and the Tenancy shall end but the Landlord shall continue to have a legal right to a remedy in respect of any such to the terms of this Agreement.
12.3. This clause does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord will only re-take possession once a court order has been properly obtained.
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14. DEPOSIT
14.1. At the end of the Tenancy, the Landlord may withhold all or part of the Deposit to cover any outstanding Rent or other Payments due under this Agreement, and the Landlord's reasonable costs or damages or loss caused directly by the Tenant's breach of this Agreement.
14.2. The Landlord will inform the Tenant within 14 Calendar Days from the end of the Tenancy of any intention to withhold all or part of the Deposit.
14.3. The Landlord must return the Deposit to the Tenant (subject to any deductions) within 30 Calendar Days from the end of the Tenancy.
14.4. The Deposit will be registered with and protected by scheme rules of: My Deposits .
14.5. The full details of the scheme and the protection (as required under section 213(5) of the Housing Act 2004) have been provided or will be provided within 30 Calendar Days from the commencement of this Agreement.
14.6. Any interest accrued from the Deposit shall accrue to the Landlord.
15. GUARANTOR COVENANTS
15.1. The Guarantor guarantees to the Landlord that the Tenant will pay the Rent.
15.2. The Guarantor guarantees to the Landlord that the Tenant will perform the Tenantcovenants under this Agreement.
15.3. If the Tenant fails to pay Rent or perform the Tenant covenants, the Guarantor shall pay and perform these and shall make good to the Landlord on a full indemnity basis all liability incurred or suffered by the Landlord as a result of the Tenant's default or actions.
15.4. The Guarantor is a principal debtor and not merely a surety;
15.5. The Guarantor's liability will not be reduced or discharged by any of the following:
15.5.a. any additional time or concessions granted by the Landlord to the Tenant;
15.5.b. any delay of the Landlord to enforce or demand the payment of Rent or payment of any covenants;
15.5.c. The Landlord exercising any right or remedy against the Tenant;
15.5.d. The Landlord taking any steps (or failing to take any steps) in connection with the Deposit.
16. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it is governed by and in accordance with the laws of England and Wales. The Courts of England and Wales have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement.
17. THIRD PARTIES
Unless stated explicitly, nothing in this Agreement confers any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
18. SIGNATURES
TENANT