Paul Danks Property Development + Private Lettings Tenancy Agreement Form Landlord Name + Telephone Number .......................................................................... Main Address : .......................................................................... .......................................................................... .......................................................................... The landlord is required to notify the tenants of his / her address, whether resident or non - resident to the United Kingdom. If the Landlord is non resident, then the following address should be considered according to sections 47 and 48 of the Landlord & Tenant Act 1987. Alternative Address : .......................................................................... .......................................................................... .......................................................................... Tenant Name + Telephone Number .......................................................................... Property Details : .......................................................................... .......................................................................... ..........................................................................
Exclusions (If Any) : .......................................................................... .......................................................................... .......................................................................... Terms of Tenancy : .......................................................................... .......................................................................... .......................................................................... Commencing .......................................................................... Expiry Date .......................................................................... Rent Total .......................................................................... Date Payable (Per Month) .......................................................................... Deposit .......................................................................... Following is a list of clauses you can include in your tenancy agreement, to include a clause simply tick the corresponding check box, you can also edit the clause to your liking in the text box. Tenants Additional Charges A . Administration - An Administration fee of £80.00 (inc. VAT) is charged for this Tenancy Agreement, [excluding stamp duty] and the inventory. B . Dilapidation Organisation - Upon the exit checkout inspection, £20.00 (+ VAT) would be incurred for the first contractor instructed to resolve dilapidations. Thereafter £15.00 (+ VAT) will be charged per contractor thereafter. E.g. if the property requires a clean, redecoration to one wall and a garden tidy, the fee would be £50.00 (+ VAT) because a cleaner, decorator and gardener would be separately instructed. C . Rent Arrears Letters - An administration fee of £20.00 (+ VAT) will be charged whenever a rent overdue letter is sent. The first will be sent approximately 5 working days after the rent is due but not received and we have not been successful communicating via telephone. There are 3 stages of overdue letters and therefore the maximum cost will be £60.00 (+VAT) for this administration process.
Tenants Obligations Rent - To pay the rent as stated in section 3 whether demanded or not on time (payments from other persons will be accepted). The landlord reserves the right to charge interest on late rent payment (calculated from day to day) at 3% over the bank of England base rate. Utilities To pay direct to the appropriate Council and authorities for all Gas / Electrical / Water bills during Tenancy. Not to tamper with the fittings or meters of Gas / Electrical / Water installations. Not to change the supplier of the utility supplier without prior written consent of the Landlord or Agent, but such consent will not be unreasonably withheld. Not to change the existing telephone number without prior consent from the Landlord or Agent, but such consent will not be unreasonably withheld. Principal Home To occupy the premises as the Tenants main principal home. Not to sub-let or take in lodgers / paying guests. Business / Illegal Acts Not to run any business from the property, but it shall be lawful to work in connection with a business located elsewhere. Not to use the premises for illegal or immoral purposes; including the use of illegal drugs. Tenant Repairs To be held liable for the costs involved in repairing / maintaining the premises fixtures and fittings where such action is required as a result of the Tenants (or invited guests, visitors etc) negligence. To treat the property in a proper manner including renewing light bulbs, fuses, plugs, batteries, and other tasks not necessitating a workmans visit.
Whereby the Landlord instructs a contractor to carry out work that is deemed to be the tenants responsibility under clauses 5.5 and 5.5.1, the Tenant will be liable for the cost involved; deducted from the deposit if required. Glass To replace broken or cracked glass like-for-like whereby the cracked or broken glass has occurred as a result of negligence by the Tenant (or invited guests, visitors etc). To clean the internal and external glass of the premises. Defect Reports To notify any maintenance requirements to the Landlord or Agent as quickly as possible. In the event of a non-urgent repair, the Tenant should notify the Landlord or Agent in writing. To inform the Landlord or Agent of any burglary or attempted break-in. Locks Not to alter or install additional locks on any doors or windows in or about the property without prior written consent (unless in the case of an emergency) and such consent will not be unreasonably withheld. Whereby lock(s) are changed, to provide the Landlord or Agent a set of new keys immediately. Burglar Alarm Not to change the code or pre-settings without the consent of the Landlord or Agent, and such consent will not be unreasonably withheld. To take precautions to maintain the settings of the alarm, and to be liable for call-out charges for repair / re-setting of the system as a result of negligence by the tenant (or invited guests, visitors etc). External Fixtures + Garden Not to affix any television /radio or satellite dishes or install cable television or cable telephone (etc) without the prior written consent of the Landlord or Agent; and such consent will not be unreasonably withheld.
Not to affix any notice boards in regards to business / services without the prior written consent of the Landlord or Agent; and such consent will not be unreasonably withheld. Not to dig up or cut down any trees or shrubs (etc) except with the Landlords prior written consent. Internal Fixtures + Decoration Not to hang pictures (other than on existing hooks which are referred to in the Inventory) using nails, blu-tac, sellotape or any other adhesive material without the prior written consent of the Landlord or Agent; and such consent will not be unreasonably withheld. Not to alter the appearance or decoration of the premises without first obtaining written consent from the Landlord or Agent. Not Remove Contents Not remove or instruct the removal of items from the property unless prior consent has been granted by the Landlord or Agent; and such consent will not be unreasonably withheld. Not to store any items in the basement or loft. Smoke Alarms To test any battery operated smoke detectors on a regular basis and to inform the Landlord or Agent as soon as possible if the alarm does not work after replacing the battery. Blocked Drains To be responsible for the unblocking of drains, including sinks, basins, toilet or waste pipes whereby they have become blocked as a result of the Tenants waste or as a result of the actions (or inactions) of the Tenant (or invited guests, visitors etc). To be liable for workman costs incurred as a result of unblocking drains caused by the Tenants waste or as a result of the actions (or inactions) of the Tenant (or invited guests, visitors etc).
Frost Protection To take reasonable precautions during the winter period to prevent damage caused by frost to the fixtures and fittings (and especially to the heating system). Noise + Nuisance Not to cause nuisance or allow other invited guests and visitors to use the premises in a way that causes disturbance to neighbouring occupiers. Not to play music via radio, television or instruments as to cause annoyance to neighbouring occupiers between the hours of 11pm to 7:30am. Communal Areas Not to obstruct any common passageways / stairways etc, nor to keep any item or bicycle, pram, clothes etc in any area that is shared by neighbouring occupiers. Smoking + Pets Not to smoke, or allow any other occupier or invitee to smoke tobacco or other substances within the property. Not to keep or allow any animal to be kept without the prior written consent of the Landlord or Agent; which will not be unreasonably withheld. Where consent is granted, this will be noted in the Special Clauses section of this Agreement, and this may involve an additional deposit amount to be held (at the Landlords discretion). Whereby the Landlord or Agent finds evidence of smoking or a pet in the property, the Tenant shall be liable for costs involved in rectifying the property including professional carpet / upholstery cleaning and repairs to any stained or burnt fittings. Condensation To make attempts to ventilate the property to avoid condensation and mould growth. Any visits from a Damp proof specialist that identifies the problem to be condensation will be the tenants responsibility to pay for.
End of Tenancy To clean or organise the clean of the property to a good standard, and to provide receipts of work carried out in compliance with this clause: However the Landlord or Agent may still organise work if the standard is still not acceptable. To remove all rubbish within the premises and to ensure it is allocated to proper receptacles (including contacting the local council if necessary for large items). To make good or replace articles like-for-like that are damaged or lost during Tenancy. Notify and pay all authorities up to the date of termination, and to pay for any costs associated with reconnecting services disconnected. Deliver all keys to the Agent or to the Landlord. Remove all personal items. If any items are left behind and no response is made to reclaim them, the Tenant will be liable for the costs involved in the disposal to be deducted from the Deposit. To provide a forwarding address to the Agent or Landlord as soon as it practicable to settle deposit allocation and outstanding utility bills etc. Rent Review If the tenancy extends for longer than 12 months, the rent shall be increased on the Tenancy anniversary by 2% over the Retail Price Index (RPI), subject to a maximum of 6%. Access During the last 2 months of Tenancy, to allow the premises to be viewed by prospective tenants (in the company of the Agent or Landlord). To allow access to contractors conducting work / the Agent conducting quarterly Management Inspections upon a minimum notice of 24 hours. Guarantor The Guarantor agrees to indemnify the Landlord and the Landlords Agent against any loss suffered as a result of the Tenant failing to fulfil any of his obligations under this agreement or failing to pay rents or other monies due.
The Guarantor agrees to pay, on demand and in full, any overdue rent or other monies due under this agreement for the full Term and this expressly includes any period of holding over or exclusion or statutory continuation following expiry of any fixed term. The Guarantor agrees to make the payments due under clause 6.1 or 6.2 even after the Tenant has yielded up possession. Housing Benefits The Tenant authorises the Local Authority to discuss with the Landlord and the Agent the details of any Housing Benefit or Council Tax claims made at any time in relation to the renting of the Property. The Tenant indemnifies the Landlord and the Agent against any losses to them from clawback or any other repayment to the Local Authority either before or after the Tenant has vacated the Property. Landlord Obligations Property Condition To present the property in a condition that is tidy and clean, with all appliances in working order. Insurance To keep the premises insured against fire and other risks (normally covered by buildings and public liability insurance). Quiet Enjoyment Not to interfere with the Tenants occupation other than in an emergency or by implementing at least 24 hours written notice. Repairing Obligations To carry out repairs to the property imposed upon in Section 11 in the Landlord & Tenants Act 1985 as amended by Section 116 of the Housing Act 1988. This relates to sanitation requirements such as faults that occur with the heating, toilet, gutters and pipes, water heating (etc).
Burglar Alarm To keep the Alarm in working order and to repair it when necessary, subject to clause 5.9. Gas + Electrics To ensure the Gas and Electrical appliances are in working and safe order, abiding to the Gas Safety (Installation and Use) Regulations 1988, the Plugs and Sockets (Safety) Regulations 1994 and the Electrical Equipment (Safety) Regulations 1994. Constent The Landlord warrants that he / she is the sole owner of the leasehold or freehold interest of the property and that he / she has obtained necessary consent to enable the entry into this Agreement. The Deposit - The deposit referred to in Section 3 of this Agreement will be used for : Any work carried out to rectify dilapidations or to compensate for missing / broken items for which the Tenant is liable. This is subject to wear and tear and also to its original condition as stated in the Inventory – both of which shall be decided by the Landlord or Agent when conducting the inspection. Reasonable costs as a result of rectifying any breaches of this Agreement. Any unpaid Utility bill that the tenant is liable for. Any rent or fees unpaid by the Tenant as stated in this Agreement. Deposit Protection The Deposit is safeguarded and held by: The Deposit Protection Service (DPS): The Pavilions, Bridgwater Road, Bristol BS99 6AA.
Return of Deposit The Agent will inform all Tenants the findings from the checkout inspection within 10 working days, including any unpaid or new checkout fees featured within this Agreement. If there is no dispute, the Agent will instruct the DPS to repay the Deposit proportionately between all Tenants. The tenant must then contact the DPS using the code provided to receive the deposit balance. The Tenant should contact the Agent or Landlord in writing if intending to dispute the findings. This must be done within 20 days after the termination, as the DPS Independent Case Examiner may refuse to adjudicate in the matter any longer than this period. In the circumstance that the Deposit is insufficient to rectify the dilapidations / rent arrears / fees, the Tenant will be liable to pay the Landlord / Agent the remaining amount. Correspondence will be sent to the single address of the premises provided by the Tenant as detailed in clause 5.20.6. If, after reasonable attempts have been made to resolve differences in opinion, there remains dispute between the Landlord / Agent and Tenant over the allocation of the Deposit, the case will be submitted to the DPS for adjudication: and all parties shall agree to this final ruling. No Deposit Scheme The rent paid in Section 3 of this Agreement is due for the entirety of this Tenancy unless otherwise agreed (see clause 9.8), and does not accumulate toward a returnable deposit at the end of the Tenancy.
The processes described in clauses 9 -9.6.5 do not apply and it is likewise not an Insurance based scheme which requires FSA regulation. The Tenant may request to pay the deposit when the tenancy comes to renewal; at least 14 days before the end of a fixed term period or in the case of a periodic tenancy, at least 1 months notice according to the Tenancy Anniversary date (see section 3). The request must be made in writing along with the extension request form and payment for; The Deposit payable; equivalent to the basic rent paid (i.e. excluding the 10% additional rent) + ÂŁ100.00 and;
A cancellation fee of £150.00 (+VAT) payable to the Agent / Landlord. A new Tenancy Agreement Addendum will be issued upon successful cancellation and the Deposit will be registered according to the dates s specified in the Addendum. Henceforth all clauses 9 -9.6.5 apply. The Agent / Landlord hold the right to deny consent to the Tenants application as stated in clause 9.8, but such consent shall not be unreasonably withheld. Important Legal Information This Agreement is subject to all laws and statutes affecting Assured Shorthold Tenancies: if a court decides that some part of the Agreement is invalid of unenforceable, the rest of the Agreement remains valid and binding on all parties. The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement – Only those who are party to this Agreement can enforce the terms. Service of Notice / Surrender of Tenancy, etc. In accordance with Section 196 of the Law of Property Act 1925, as amended by the Recorded Delivery Service Act 1962; if the Landlord or Agent delivers a Notice or Document (and can prove evidence of the delivery) required to be served under this Agreement or Act of Parliament to the premises (or to the last known address of the Tenant) by hand or by recorded delivery / registered delivery or by first class post, addressed to the Tenants then the Tenants will be treated as through they have received it. Only with the consent of the Landlord or Agent (or subject to certain conditions subject to Landlord consent and costs associated with re-letting the property), the Tenant may then only be allowed to surrender the Tenancy before it could otherwise end lawfully. In the event that the Tenant leaves the property unoccupied for 28 days or more without first having notified the Landlord or Agent, and the property is clearly unoccupied and no information has been obtained regarding the Tenants whereabouts, the Landlord may then deem the Property to be abandoned and may re-enter.
Stamp Duty The Landlord and Tenant will be responsible for making sure their own part of the Tenancy Agreement is Stamped by the Inland Revenue with the appropriate Stamp Duty and pay any duty payable. Special Clauses .......................................................................... Email Address ..........................................................................