Assured shorthold tenancy
agreement
This
is an agreement for letting a dwelling on a fixed term assured
shorthold tenancy under Part 1 of the Housing Act 1988 (as amended).
This
document is important. It sets out the rights and responsibilities of
tenants and landlords under the agreement. You are strongly advised to
read it carefully before agreeing to it. It should be kept for the
lifetime of the tenancy as you may need to refer to it in the future.
The document contains some guidance notes on particular clauses of the
tenancy agreement which are intended to help you to understand the
agreement. These appear next to the relevant clauses in the text boxes.
These guidance notes do not form part of the legal agreement itself.
• Contents of
agreement
Page
Section A Definitions and
Interpretation 12
Section B Main terms of the
agreement 13
Section C Tenant’s
obligations 23
Section D Landlord’s
obligations 30
Section E Landlord’s grounds (reasons)
for possession during the fixed term 36
Section F Break clauses for tenancies of
two years or longer 38
Section G Additional terms agreed between
the landlord and tenant 42
Section H Contact details and service of
written notices 43
Section I
Signature 45
Annexes 46
• Section A: Definitions and
interpretation
• Definitions and interpretation
The definitions and rules of interpretation in this clause apply in
this agreement:
Common
Parts: Common Parts means any part of a building containing the
Property and any land or premises which the Tenant is entitled under
the terms of this Tenancy to use in common with the owners or occupiers
of other dwellings (see clause B3.2).
Landlord: A reference in
this agreement to the Landlord includes a reference to the person who
is entitled to the immediate reversion to the Tenancy and anyone who
becomes entitled, by law, to receive the rent payable under this
Tenancy.
Property: A reference to the Property is to the property (or any part
of the property) described in clause B3.1.
Tenancy: A reference in this agreement to the Tenancy is to the tenancy
created by this agreement.
Tenant:
A reference to the Tenant includes a reference to anyone who succeeds
to or inherits this tenancy on the death of the Tenant.
• A reference to one gender shall include
a reference to the other gender.
•
A reference to a statute (e.g. an Act of Parliament such as the
Landlord & Tenant Act 1985) or statutory provision (e.g. a
section
of an Act – for example section 11 of the 1985 Act) is a reference to
it as it is in force for the time-being, taking account of any
amendment, extension or re-enactment of the law concerned.
• References to clauses are to clauses of
this agreement.
• Section B: Main terms of the agreement
• THE PARTIES
• This is an agreement for a fixed term
assured shorthold tenancy:
Landlord Darren John Ingall
***********
(“the Tenant”)
• The obligations and liabilities of the
parties under this agreement are joint and several.
• OTHER OCCUPIERS
•
The Landlord agrees that, in addition to the Tenant, the following
person(s) (who for the avoidance of doubt are not tenant(s)) may live
at the Property:
• the Tenant’s children or other
dependants who are under 18 years of age at the start of the Tenancy;
and
• the following adults (if any):
*********************
Referred to in this agreement as “Members of the Tenant’s Household”.
•
The Tenant must not allow any other adults to live at the property
without the written consent of the Landlord which must not be
unreasonably withheld or delayed.
• The Tenant must ensure that not more
than 1 persons live at the Property.
•
Any obligation on the Tenant under this agreement to do or not to do
anything shall also require the Tenant not to permit or allow any
Member of the Tenant’s Household or visitor to do or not to do the same
thing.
• THE PROPERTY AND COMMON PARTS
• Address and description : *********,
146 Cedar Way, Guildford, GU1 1JE
• The Property is: (place a cross [x] in
the boxes which apply)
Fully furnished [X]
Part furnished []
Unfurnished [ ]
Other: One parking space at front of
property
•
In addition to the Property, the Tenant shall also have use of the
following Common Parts (place a cross [x] in the boxes which apply):
• [X] Shared access to the Property
• Shortest route
between front door and the property.
•
The Landlord must provide the Tenant with such information about the
Property, the Property’s installations and any services provided to the
Property as is reasonably necessary to enable the Tenant to comply with
the obligations contained in clauses C2 (payment of council tax,
utilities and other charges) and C4 (care and maintenance of the
Property) of this agreement.
• The Property is not currently subject
to a mortgage.
• THE TERM AND EXPIRY OF THE FIXED TERM
• The Tenancy created by this agreement:
begins on: ******************
and
ends on: ***********************
unless
terminated early in accordance with the clauses in section E
(landlord’s grounds (reasons) for possession during the fixed term) or,
where applicable, section F (break clauses for tenancies of two years
or longer) of this agreement, or unless terminated early by mutual
agreement between the parties.
• If the
Tenant continues to live in the Property after the expiry of the fixed
term and no further tenancy has been entered into by the parties, then
from the expiry of the fixed term the Tenant shall occupy the Property
under a statutory periodic tenancy in accordance with section 5(2) of
the Housing Act 1988.
• TERMINATION BY THE LANDLORD AT THE END
OF THE FIXED TERM
• If the Landlord wants the Tenant to
leave the Property at the end of the Tenancy, the Landlord must:
•
give the Tenant at least one months’ notice in writing before the end
of the fixed term in accordance with section 21 of the Housing Act 1988
(this is known as a “section 21 notice”); or
•
seek possession on one or more of the grounds contained in Schedule 2
to the Housing Act 1988 (if any of those grounds apply).
•
If ground 1 of Schedule 2 to the Housing Act 1988 applies in relation
to the Property (see guidance note below) then the Landlord should
complete the notice in Annex 2 of this agreement and give it to the
tenant(s) prior to the date on which this agreement is entered into.
• THE RENT
OPTION 1: Rent fixed for the whole of the fixed term
• 6. The
rent is £ 600.00 per month for the fixed term.
• COUNCIL TAX, UTILITIES AND OTHER
CHARGES FOR SERVICES INCLUDED IN THE RENT
The following charges are included in and payable as part of the rent
(place a cross [x] in the boxes which apply):
Council tax [X]
Water and sewerage charges [X]
Gas [X]
Electricity [X] Subject to the tennents reasonable use of the
same
Television licence fee [X]
Broadband [X] Subject to availability
• PAYMENT OF THE RENT BY THE TENANT
Rent payment dates
•
The first payment is to be made on or before the ************** and
further payments are to be made on or before the “15th day of each
month” beginning on: ******************
charges payable on overdue rent
•
A flat rate of £10 per day is payable to the landlord by the tenant for
each day any rent due remains unpaid.
Method of payment
•
The rent can only be paid by: standing order / Backs payment into
account*********** sort code ************ Account name 'Darren John
Ingall' Bank HSBC/First Direct
• THE INVENTORY AND REPORT OF CONDITION
•
If the Landlord, or someone acting on behalf of the Landlord, has
prepared an inventory and/or report of condition, via video A copy of
the said video will upon request be emailed to the tenant.
•
Unless the Landlord receives written comments on or amendments to the
inventory and/or report of condition within 14 days of the start of the
Tenancy, the Tenant shall be taken as accepting the inventory and
report of condition as a full and accurate record of the condition of
the Property and its contents.
• The Landlord must
ensure that any comments or amendments received from the Tenant under
clause B9.2 are attached to the inventory and/ or report of condition
annexed to this agreement.
• THE
DEPOSIT
• No deposit has been taken because the
landlord cant be dealing with deposits.
Section C: Tenant’s obligations
• PAYMENT OF RENT
The Tenant must pay the rent in advance, on or before the dates agreed
(see clause B8.1).
• PAYMENT OF COUNCIL TAX, UTILITIES AND
OTHER CHARGES
•
Except where included in the rent (see clause B7) the Tenant must pay
to the relevant local authority all council tax due in respect of the
Property during the Tenancy.
• Except where
included in the rent (see clause B7) the Tenant must pay to the
relevant suppliers all charges in respect of any electricity, gas or
water (including sewerage) services used at or supplied to the Property
during the Tenancy and pay all charges to the provider for the use of
any telephone, satellite, cable or broadband services at the Property
during the Tenancy.
• Except where
included in the rent (see clause B7), the Tenant must pay any
television licence fee payable in respect of the Property during the
Tenancy.
• Where any service mentioned in clause
C2.2 has been disconnected as a result of the Tenant’s failure to
comply with the Tenant’s obligation to pay for the service, any
reconnection charge will be payable by the Tenant.
• USE OF THE PROPERTY, PETS AND
PROHIBITED CONDUCT
• The Tenant must occupy the Property as
the Tenant’s only or principal home.
•
The Tenant must not use the Property for the purposes of a business,
trade or profession except with the prior written consent of the
landlord which must not be unreasonably withheld or delayed. In
particular, it will not be unreasonable for the Landlord to withhold
consent if there is a reasonable likelihood that the use proposed would:
• give rise to a tenancy to which Part II
of the Landlord and Tenant Act 1954 (business tenancies) applies; or
•
cause a nuisance to the occupiers of neighbouring properties or
significantly increase wear and tear to the Property.
• The Tenant must not use the Property
for any illegal, immoral, disorderly or anti-social purposes.
•
The Tenant must not do anything to or on the Property or any Common
Parts which may reasonably be considered a nuisance or annoyance to the
occupiers of neighbouring properties or other tenants within the
building.
• The Tenant must not keep any pets or
other animals at the Property.
• CARE, MAINTENANCE AND REDECORATION OF
THE PROPERTY
•
The Tenant must take reasonable care of the Property, any items listed
in the inventory video and the Common Parts (if any). This includes
(but is not limited to):
• taking reasonable steps
to keep the Property adequately ventilated and heated so as to prevent
damage from condensation.
• taking reasonable
steps to prevent frost damage occurring to any pipes or other
installations in the Property, provided the pipes and other
installations were adequately insulated at the start of the Tenancy; and
• disposing of all rubbish in an
appropriate manner and at the appropriate time.
•
The Tenant must not make any addition or alteration to the Property or
redecorate the Property (or any part of it) without the Landlord’s
prior written consent which must not be unreasonably withheld or
delayed.
• The Tenant must notify the Landlord
as soon as reasonably possible about any repairs that are needed to the
Property or to any items listed on the inventory for which the Landlord
is responsible (see clause D3).
• The Tenant will
be liable for the reasonable cost of repairs where the need for them is
attributable to the Tenant’s failure to comply with the obligations set
out above in clauses C4.1 and C4.2 or where the need for repair is
attributable to the fault or negligence of the Tenant, any Member of
the Tenant’s Household or any of the Tenant’s visitors.
•
The Tenant shall promptly replace and pay for any broken glass in
windows at the Property where the Tenant, any Member of the Tenant’s
Household or any of the Tenant’s visitors cause the breakage.
• SECURITY OF THE PROPERTY AND PERIODS OF
ABSENCE OF MORE THAN 7 DAYS
•
The Tenant must not leave the Property unoccupied for more than 7
consecutive days without giving notice in writing to the Landlord.
•
The Tenant must take reasonable steps to ensure that the Property is
secure whenever the Property is unoccupied.
• ACCESS TO THE PROPERTY BY LANDLORD OR
AGENT
Routine access
•
Provided the Landlord has given the Tenant at least 24 hours’ prior
notice in writing, text message or phone call the Tenant must give the
Landlord (or any person acting on behalf of the Landlord) access to the
Property at reasonable times of day for the following purposes:
• to inspect its condition and state of
repair;
• to carry out the Landlord’s repairing
obligations and other obligations under this agreement; and
•
to carry out any inspections required by law including (but not limited
to) gas safety inspections, fire safety inspections and inspections of
any smoke or carbon monoxide alarms installed in the Property and to
carry out any works, repairs, maintenance or installations (including
the installation of any smoke or carbon monoxide alarm) required by law.
Access for the purposes of selling or re-letting the property
•
Provided the Landlord has given the Tenant at least 24 hours’ prior
notice in writing, Text message or phone call the Tenant must give the
Landlord (or any person acting on behalf of the Landlord) access to the
Property at reasonable times of day in the following circumstances for
the purposes specified:
• where the Tenant has
given notice under clause F2 (Tenant’s rolling 1 month break clause),
to show prospective tenants or purchasers, letting agents or estate
agents around the Property, but only during the last 3 months of the
Tenancy;
• where the Landlord has served a notice
on the Tenant under clause F3 stating his intention to sell the
property, to show estate agents or prospective purchasers around the
Property; and
• during the last month of the Tenancy,
for any of the purposes mentioned in paragraph (a) above.
Access during periods of absence of more than 7 days
•
The Tenant agrees that if the Property is to be unoccupied for a period
of more than 7 consecutive days, the Landlord may have access during
that period for the purposes of keeping the Property insured and taking
such steps as may reasonably be necessary to mitigate the risk of
damage to the Property during that period.
Emergency access
•
The Tenant must give the Landlord (or persons acting on the Landlord’s
behalf) immediate access to the Property in the event of an emergency
on the Property.
• ASSIGNMENT AND SUBLETTING
Assignment
•
The Tenant must not assign (i.e. transfer to another person) the
tenancy, either in whole or in part without the consent of the Landlord
in writing. Such consent must not be unreasonably withheld.
Subletting of whole Property
•
The Tenant must not sublet the whole or any part of the Property for
the entire duration of the Tenancy.
• The
Tenant must not sublet the whole or part of the Property for any period
which is less than the entire duration of the Tenancy without the
consent of the Landlord in writing. Such consent must not be
unreasonably withheld.
Subletting of part of the Property
•
The Tenant can request to sublet part of the Property for either the
whole or part of the duration of the Tenancy. The Tenant must not
sublet any part of the Property without the consent of the Landlord in
writing. Such consent must not be unreasonably withheld.
• MOVING OUT AT THE END OF THE
TENANCY
•
Except for fair wear and tear, the Tenant must return the Property and
any items shown on the inventory video to the Landlord in the same
condition and state of cleanliness as they were at the start of the
Tenancy.
• The Tenant must remove all possessions
(including any furniture) belonging to the Tenant or any Member of the
Tenant’s Household or visitor and all rubbish from the Property at the
end of the Tenancy. If any such possessions are left at the Property
after the Tenancy has ended, the Tenant will be responsible for meeting
all reasonable removal and storage charges. The Landlord will remove
and store the possessions for 7 days (other than any perishable items
which will be disposed of immediately) and will take reasonable steps
to notify the Tenant. If the items are not collected within 8 days, the
Landlord may dispose of the items and the Tenant will be liable for the
reasonable costs of disposal. The costs of removal, storage and
disposal may be deducted from any sale proceeds.
• The Tenant must give vacant possession
and return all keys to the Landlord at the end of the Tenancy.
• The Tenant must provide the Landlord
with a forwarding address at the end of the Tenancy.
Section D: Landlord’s obligations
• TO GIVE THE TENANT POSSESSION AT THE
START OF THE TENANCY
The Landlord must give the Tenant possession of the Property at the
start of the Tenancy.
• NOT TO INTERFERE WITH THE TENANT’S
RIGHT TO QUIET ENJOYMENT OF THE PROPERTY
The Landlord must not interrupt or interfere with the Tenant’s right to
quiet enjoyment of the Property.
• REPAIR AND MAINTENANCE OF THE PROPERTY
AND ITEMS LISTED ON THE INVENTORY
•
In accordance with section 11 of the Landlord and Tenant Act 1985
(repairing obligations in short leases) the Landlord shall:
•
keep in repair the structure and exterior of the Property (including
drains, external pipes, gutters and external windows);
•
keep in repair and proper working order the installations in the
Property 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
• keep
in repair and proper working order the installations in the Property
for space heating and heating water.
• In accordance with section 11 of the
Landlord and Tenant Act 1985, the Landlord is not required:
•
to repair anything which the Tenant is liable to repair by virtue of
the Tenant’s duty to take reasonable care of the Property (see clause
C4.1);
• to rebuild or reinstate the Property in
the case of destruction or damage by fire, storm or flood; or
• to keep in repair or maintain anything
which the Tenant is entitled to remove from the Property.
•
The Landlord may at his discretion keep in repair and proper working
order any furniture, fixtures, fittings and appliances which are listed
in the inventory but without any obligation to do the same, except
where the damage or need for repair is a result of the Tenant’s failure
to comply with the obligations in clause C4.1.
• INSURANCE AND RENT SUSPENSION
•
The Landlord must insure the Property against fire, flooding and other
risks usually covered by a comprehensive insurance policy and must use
all reasonable efforts to arrange for any damage caused by an insured
risk to be remedied as soon as possible. The Tenant is responsible for
arranging insurance of the Tenant’s own belongings.
• The Landlord must provide the Tenant
with a copy of the insurance policy at the request of the Tenant.
•
Where the Property is uninhabitable because of damage caused to the
Property by an insured risk then, unless the damage was caused by the
Tenant’s negligence or failure to comply with the Tenant’s obligations
under this agreement, the Tenant shall not be required to pay rent
until the Property is fit for occupation and use.
Section E: Landlord’s grounds (reasons) for possession during the fixed
term
• LANDLORD’S STATUTORY GROUNDS (REASONS)
FOR POSSESSION DURING THE FIXED TERM
•
If any of the grounds (reasons) specified in clause E1.2 apply, the
Landlord may seek to repossess the Property (sometimes referred to as
forfeiture and re-entry) during the fixed term by giving the Tenant
notice under section 8 of the Housing Act 1988 of his intention to
apply to court for possession and, subsequently, applying to the court
for a possession order.
• The grounds referred
to in clause E1.1 are the following grounds which are contained in
Schedule 2 to the Housing Act 1988:
Ground 2 (mortgagee (lender) entitled to possession);
Ground 8 (at least 4 weeks’ or one months’ rent arrears);
Ground 10 (some rent overdue);
Ground 11 (tenant persistently late in paying rent);
Ground 12 (breach of any term(s) of tenancy agreement);
Ground 13 (condition of property or common parts has deteriorated due
to acts etc. of tenant or other occupant);
Ground
14 (the tenant or other person residing in or visiting the property is
guilty of nuisance / annoyance in the locality or convicted of a
criminal offence in relation to the property or committed in the
locality);
Ground 15 (condition of furniture provided under the
tenancy agreement has deteriorated due to ill-treatment by tenant or
other occupant); and
Ground 17 (landlord was induced to grant the
tenancy by a false statement made knowingly or recklessly by the tenant
or a person acting on the tenant’s behalf).
• LANDLORD’S GROUNDS (REASONS) FOR
POSSESSION WHERE THE TENANCY CEASES TO BE AN ASSURED TENANCY
If
the Tenancy ceases to be an assured (shorthold) tenancy, the Landlord
reserves the right to end the Tenancy (usually referred to as
forfeiture and re-entry) if:
• the rent is unpaid 7 days after
becoming payable whether it has been formally demanded or not;
• the Tenant is declared bankrupt; or
• the Tenant breaches any term of this
Tenancy.
Section F: Break clauses for tenancies over two years
• APPLICABILITY OF CLAUSES F2 TO F5
•
The break clauses contained in clauses F2, F3, F4 and F5 shall only
have effect where the fixed term which has been agreed between the
Landlord and Tenant (as specified in clause B4.1) is for two years or
more. Accordingly, clauses F2, F3, F4 and F5 shall be of no effect
where the term which has been agreed is for less than 2 years.
• TENANT’S ROLLING 1 MONTH BREAK CLAUSE
•
Subject to clause F2.2, the Tenant may end this Tenancy before the
Tenancy end date specified in clause B4.1 by giving the Landlord at
least 1 months’ notice in writing.
• The Tenant cannot give notice under
clause F2.1 within the first 2 months of the Tenancy.
• LANDLORD’S ONE-OFF BREAK CLAUSE AFTER
THE FIRST 3 MONTHS OF THE TENANCY
•
The Landlord may end this Tenancy on the date which is 2 months after
the start of the Tenancy by giving the Tenant at least 1 months’ notice
in writing.
• BREAK CLAUSE WHERE THE LANDLORD IS IN
MORTGAGE ARREARS AND A RECEIVER HAS BEEN APPOINTED
•
The Landlord or the Tenant may end this Tenancy before the Tenancy end
date specified in clause B4.1 in the circumstances specified in clause
F4.2. This is subject to compliance by the terminating party with the
requirements specified in clause F4.3.
• The circumstances are that:
• the Property is subject to a mortgage
under which the Landlord is the mortgagor (borrower);
• the mortgagee (lender) under that
mortgage has appointed a receiver in relation to the Property; and
•
the receiver has notified the Tenant of his appointment by giving the
Tenant a copy of the letter of appointment.
• The requirements are that:
•
the terminating party must give notice in writing to the other party
specifying the termination date (and where the Tenant is the
terminating party the notice should be given to both the Landlord and
the receiver);
• the notice must not be given within the
first 4 months of the Tenancy; and
•
the termination date specified in the notice must be at least two
months after the date of service of the notice.
•
In this clause “receiver” means a person appointed by the mortgagee
(lender) under the terms of the mortgage or pursuant to powers in the
Law of Property Act 1925.
• LANDLORD’S BREAK CLAUSE FOR THE PURPOSE
OF SELLING THE PROPERTY
•
Where the Landlord intends to sell the Property, the Landlord may end
this Tenancy before the Tenancy end date specified in clause B4.1 by
following these steps:
Step 1: Landlord gives written notice to
the Tenant stating his intention to market the Property for sale, but
no such notice may be given to the Tenant within the first 2 months of
the Tenancy.
Step 2: Not more than 4 months after service of the
notice required under Step 1, Landlord gives a break notice to the
Tenant which:
• specifies the date on which
the Tenancy will end which must be at least 2 months from the date of
service of the break notice and at least 4 months after the date on
which written notice was given under Step 1; and
• is accompanied by evidence showing that
the Property is genuinely on the market for sale.
•
If the Landlord follows the steps set out in clause F5.1, the Tenancy
will end on the date specified in the break notice.
• TERMS APPLICABLE WHERE TENANCY ENDS
UNDER CLAUSE F2, F3, F4 OR F5
•
The ending of the Tenancy under clause F2, F3, F4 or F5 does not
release the Landlord or Tenant from any outstanding obligations or
claims.
• Where the Tenancy is brought to an end
under clause F2, F3, F4 or F5, any rent which has been paid by the
Tenant in respect of any period after the Tenancy has ended must,
provided the Tenant vacated the Property by the end of the Tenancy, be
repaid to the Tenant within 14 days of the date on which the Tenancy
ended.
Section G: Additional terms between the landlord and tenant
1: The tenant is aware that a member of the landlord’s family (******) has
issues, is harmless although Autistic and will make allowances for his disposition.
2: Smoking is not permitted anywhere within the building.
3: The tenant understands and agrees to the landlord post tenancy
publishing his reference for the tenant on the website hdservices.me.uk
and no other reference will be given to any third-party post tenancy.
4: Should the landlord find himself unduly out of pocket at the end of the tenancy for example but not limited to;
a, The tenant leaving unrepaired damage to the property.
b, The tenant not giving the correct notice to end the tenancy.
c, The tenant leaving the property owing the landlord more than £1
The landlord may place a picture of the tenant next to his reference at G(3) above and or any such media, website, newsgroup, newspaper or similar as the landlord sees fit.
d, The definition of damage will be shown as the difference between the property before the tennancy started and the day it ended (excluding reasonable wear an tear) by way of a video walkthrough of the property.
e, The landlord will at his discretion employing who he sees fit (including himself) to recitify any damage left at the property by the tenant, or any such person the tenant allows to enter the property causing said damage. The landlord will then invoice the tenant for the same (at market rates) and if necessary pursue the tenant through the courts and or any legal means (including c above) open to the landlord for the said invoice.
4: Should cleared funds paying for the firsts months rent and any
holding fee not have met the landlords bank account ******************within 48 hours of
signing this contract it shall become void and the landlord will be
free to let the property to another party.
5: The tenant is not to re decorate the room or make any holes in any part of the room without the written permission of the landlord (Any such permission may be given by text message or email)
Section H: Contact details and service of written notices
• THE LANDLORD’S OR AGENT’S CONTACT
DETAILS AND SERVICE OF NOTICES ON THE LANDLORD
Service of written notices by post or delivery by hand
•
The Landlord agrees that any notices given under or in connection with
this agreement which are required to be given in writing may be served
on the Landlord either by being left at the address given below or by
being sent to that address by first class post. Notices shall
be
taken to be received the day after being left at the property or 5 days
after posting.
The address for service of written notices and other documents on the
Landlord is:
**************************************************
Service of written notices by email
•
The Landlord does agree that any notices given under or in connection
with this agreement which are required to be given in writing may,
alternatively, be sent by email or text message. Notices sent by email
shall be taken to be received only on a reply email confirming receipt.
The Landlord’s email address for these purposes
is: *********************
Landlord’s or Agent’s Emergency contact details
The Landlord’s ******************************
• THE TENANT’S CONTACT DETAILS AND
SERVICE OF NOTICES ON THE TENANT
Service of written notices by post or delivery by hand
•
The Tenant agrees that any notices given under or in connection with
this agreement which are required to be given in writing may be served
on the Tenant during the Tenancy either by being left at the Property
or by being sent to the Tenant at the Property by first class post or
text message. Notices shall be taken to be received the day after being
left at the Property or the day after posting or texting.
Service of written notices by email
•
The Tenant does agree that any notices given under or in connection
with this agreement which are required to be given in writing may,
alternatively, be sent by email or text message (except as set out in
clause H2.3 below). Notices sent by email or text shall be taken to be
received the day after being sent. The Tenant’s email address for these
purposes is:********************************************************
Any notice given under section 8 (notice of proceedings for possession)
or section 21 (recovery of possession on expiry or termination of
assured shorthold tenancy) of the Housing Act 1988 must always be given
to the Tenant in hard copy in accordance with clause H2.1 above.
Tenant’s Emergency contact details
• The Tenant’s telephone number for use
in emergencies is: ********************************************************
Section I: Signature
Signed
and executed as a deed by the following parties (delete this wording if
the agreement is not being signed and executed as a deed – see guidance
note above):
Tenant 1
Signature: …………………………………….
Date:________________bsp;
Witness
Signature: …………………………………….
Address:__________________
Address:__________________
Address:__________________
Date:_____________________
Landlord
Signature: …………………………………….
Full name DARREN JOHN INGALL
Address:_________________________
Address:_________________________
Address:_________________________
Date:________________________
Witness
Signature: …………………………………….
Address: ________________________
Address: ________________________
Address: ________________________
Date:___________________ .
Annexes
Annex 1: Inventory and report of condition (Clause B9)
Any
inventory and verification of condition of property shall be made by
means of a video of the property at the time the tenant takes
possession showing the tenant in said video.
Annex 2: Prior notice to tenant of grounds for possession (See clause
B5.2)
PRIOR NOTICE OF LANDLORD’S GROUNDS FOR POSSESSION
Address:
Date:
Dear
Tenancy of Loft Room *************************
You
intend to enter into a tenancy with Darren John Ingall in respect of
the above property. The tenancy will be an assured shorthold tenancy,
which means that the landlord can only recover possession of the
property (i.e. take the property back from you) on certain grounds.
Some of these grounds require the landlord to give you notice before
the tenancy is entered into that the landlord might rely on those
grounds in the future.
This letter is to give you notice of those grounds which are as follows:
Ground 1 (this can only be used once any fixed term has come to an end)
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 notice and (in either case):
(a)
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
(b) 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, his spouse’s or
his civil partner'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 (this is available to lenders during
the fixed term where the landlord has given the tenant notice that
possession might be recovered under ground 1 as set out above)
If the dwelling-house is subject to a mortgage granted and:
(a)
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
(b)
the mortgagee requires possession of the dwelling-house for the purpose
of disposing of it with vacant possession in exercise of that power;
and
(c) 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 this ground “mortgage” includes a charge and
“mortgagee” shall be construed accordingly.
Next steps
You should read this notice carefully. If you have any questions about
it you should get independent legal advice.
Please then sign and date the notice below and return it to the
landlord.
Signed by the tenant(s):
...............................................................................................
Date: (insert date)
Yours sincerely
Darren John Ingall
********************
Annex 3: Further guidance on landlord’s break clause for the purpose of
selling the property
1.
Clause F5 enables the landlord to bring the tenancy to an end if he
intends to sell the property and follows the procedure set out in the
clause.
2. That procedure can be explained as follows:
• The landlord decides that he needs to
sell the property with vacant possession.
•
As long as at least two months of the fixed term have passed, the
landlord may serve a written notice on the tenant stating his intention
to market the property for sale.
• Within 4 months
of serving that first notice on the tenant, the landlord must genuinely
put the property on the market for sale (for instance by engaging the
services of an estate agent) and must serve a further notice (which is
called the break notice) on the tenant. If the landlord does not do
this within the 4 month period, the first notice he served on the
tenant will be of no effect and the landlord will have to start the
process again if he still wants to sell the property.
•
The break notice which the landlord serves on the tenant must specify
the date on which the tenancy will end. This date must be at least four
months after the date on which the landlord served the first notice and
at least 2 months after the date on which the break notice is served on
the tenant. This means that tenants are given at least 4 months’
warning that the landlord may bring the tenancy to an end early under
this clause.
• The break notice which the landlord
sends to the tenant must also be accompanied by evidence that the
property is genuinely being marketed for sale, for instance evidence
that the landlord has entered into a contract with an estate agent who
is actively marketing the property.
• If the
landlord follows the procedure correctly, the fixed term tenancy will
come to an end on the date specified in the break notice. To be able to
seek possession of the property through the courts after the date
specified in the break notice, the landlord will need to ensure that
the break notice complies with section 21 of the Housing Act 1988 or,
alternatively, a separate section 21 notice will also need to be given
to the tenant.
Annex 4: Rent Review: Further guidance and worked examples
1.
For landlords who want to be able to review the rent annually, the
agreement contains two different options (see option 2 and option 3 in
clause B6). The landlord and tenant will need to agree which option to
use and will need to fill in the relevant information under the option
which has been chosen.
2. Both options are for upwards only
reviews and neither requires the landlord to carry out a review in any
year if he decides that the rent should stay the same in the coming
year.
3. Where a review is properly carried out and the
landlord sends the tenant a rent review notice, the new rent set out in
the review notice will be payable from the rent review date (i.e. the
next anniversary of the start of the tenancy) unless the tenant
and landlord negotiate for a smaller increase or no
increase at all.
4. Where the parties agree that no
increase should be applied or that it should be less than that proposed
by the landlord in the notice, the figure agreed should be set out in
writing and acknowledged by both the landlord and tenant. This will
avoid any dispute in the future as to what agreement was
reached.
Review Date and Review Notice Period
5.
The first review date is the anniversary of the date the tenancy
started – see clause B4.1. This is the date from which the new rent
will take effect following a review. If the tenancy is for
more
than two years any subsequent review date is the second, third or
fourth etc. anniversary of the start of the tenancy. This is the date
from which the new rent becomes payable.
6. The rent review
notice must be given to the tenant at least 28 days before the review
date. The notice period can be longer, but not longer than 90 days.
This ensures that tenants are given sufficient warning of any increase
to enable them to plan ahead, amend their standing orders etc. There is
no requirement for the landlord to give the same notice period
throughout the tenancy, so for example in a three year tenancy he could
give 28 days’ notice on the first review, but 40 days on the second.
Content of notice
7. There are a few basic things that should be included in the rent
review notice. These are:
• The name and contact details of the
landlord;
• The existing rent;
• The percentage by which the rent will
increase on the review date;
•
If option 3 is being used, the notice should also specify which month
has been used to calculate the annual change in the Consumer Price
Index (see further below);
• The new rent; and
• The date the new rent is payable from.
8.
The notice should be signed and dated by the landlord and given to the
tenant using one of the agreed methods of service (see section H of the
agreement).
Option 2: Fixed percentage increase
9.
Example 1. In this example, the fixed term tenancy is for three years
and the rent is agreed at £300 per week for the first year with an
option for the landlord to increase the rent by no more than 1.4% in
each of the subsequent two years of the fixed term. The
tenancy
commences on 1 May 2015. If the landlord carries out a review and
increases the rent by the maximum amount each year, the rent which will
be payable each year will be (rounded to the nearest penny):
Year 1(from 1 May 2015) Year 2 (from 1
May 2016) Year 3 (from 1 May 2017)
£300 per week £300 x 1.014 = 304.20 per
week £304.20 x1.014% = 308.46 per week
10.
Example 2. In this example, the fixed term tenancy is for three years
and the rent is agreed at £300 per week for the first year with an
option for the landlord to increase the rent by no more than 1.4% in
each of the subsequent two years of the fixed term. The
tenancy
commences on 1 May 2015. However, at the start of the second
year, the tenant faced some financial hardships and agreed with the
landlord to a rent increase that year of 1% instead of the 1.4%
initially agreed. In the final year of the tenancy, the landlord
decides to increase the rent by the full 1.4%. In this example, the
rent payable each year will be (rounded to the nearest penny):
Year 1( from 1 May 2015) Year 2 (from 1
May 2016) Year 3 (from 1 May 2017)
£300 per week £300 x 1.01=303 per week
£303 x 1.014=307.24 per week
11.
When agreeing at the start of the tenancy what the maximum percentage
increase should be, the landlord and tenant may wish to consider
movements either in inflation (i.e. consumer prices generally) or in
rent levels in the private rented market. These will be best
informed by the most recent changes in the CPI or rents in general,
before the start of the tenancy. Future percentage increases can then
be proofed against the trends.
Option 3: Increase in line with the consumer price index
12.
Working out the percentage change in the CPI over a twelve month period
is easy as this information is published by the Office for National
Statistics (ONS) each month.
13. Remember you are looking for
the last available data which has been published prior to giving the
tenant the rent review notice. So if, for example, you give the review
notice on 1st March 2016 the last available data will be January’s
data.
14. To find the latest available data you need to go to
the ONSwebsite at: http://www.ons.gov.uk/ons/index.html. In the search
box, type in” “latest CPI rate” and select your required information
from the list of CPI statistical bulletins published by the ONS which
should be the first search result.
15. Example 3. In this
example the fixed term tenancy is for 3 years and the rent is agreed at
£650.00 per month for the first year with a CPI linked rent review
provision. The tenancy commences on 1st April 2015. The first review
date is, therefore, 1st April 2016. The landlord must give notice of
the review at least 28 days, but no more than 90 days before the 1st
April. If the landlord serves the notice on the tenant on, say, 1st
March the relevant CPI data would be the data for the year ending
January 2015 (as this will be the latest available data). In this
example we assume this is 1.8% and that the landlord chooses to
increase the rent by the full amount. The following year (year 3) the
landlord again decides to serve a rent review notice on the tenant on
1st March and to charge the full increase. The latest available CPI
data will be for the year to January 2017 and for the purposes of this
example we will assume the percentage change over the 12 months to
January 2017 is 1.6%. In this example, the rent payable each year will
be (rounded to the nearest penny):
Year 1(from 1 April 15) Year 2 (from 1
April 2016) Year 3 (1 April 2017)
£ 650 per month £650 x 1.018 = £661.70
per month £661.70 x 1.016 = £672.23 per
month
16.
Example 4. In this example the fixed term tenancy is for 3 years and
the rent is agreed at £650.00 per month for the first year with a CPI
linked rent review provision. The tenancy commences on 1st April 2015.
The first review date is 1st April 2016 and the notice of review must
be given at least 28 days but no more than 90 days before then. If the
landlord serves the notice on the tenant on, say, 1st March the
relevant CPI data would be for the year ending January 2016 as this
will be the latest data available. In this example we assume that this
is 1.8% but that the landlord agrees to a lesser increase of 1%. The
following year (year 3) the landlord again decides to serve a rent
review notice on the tenant on 1st March but this time decides to
charge the full increase. The latest available CPI data will be for the
year to January 2017 and for the purposes of this example we will
assume the percentage change over the 12 months to January 2017 is
1.6%. In this example, the rent payable each year will be (rounded to
the nearest penny):
Year 1(from 1 April 15) Year 2 (from 1
April 2016) Year 3 (1 April 2017)
£650 per month £650 x 1.01 = £656.50 per
month £656.50 x 1.016 = £667.00 per month
Need to get the review notice right
17.
The model tenancy agreement does not make any provision for the
landlord to implement a review outside the framework set out in the
agreement, so if mistakes are made or the landlord forgets to review
the rent in time, the rent cannot be reviewed until the following year.
18.
For example, if a tenancy began on 1st April 2015 and the landlord
gives 21 days’ notice of a proposed increase to £660 per month on 1st
April 2016, despite the fact that the rent has been properly calculated
and would come into force on the right date, the review will not be
valid because the notice period is shorter than the required 28 days.
The tenant can lawfully refuse to pay the proposed increase and will
not be in arrears. The landlord cannot change the rent until the next
rent review date (i.e. 1st April 2017).
19. A way of
ensuring mistakes can be rectified would be to at least give the
maximum notice required. That way if the landlord and tenant discover
there is a mistake in, for example, the percentage increase used, the
notice could be withdrawn and a fresh notice complying with the
contractual time limits, could be given.
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