Sample TenancyAgreement
Sample TenancyAgreement
Sample TenancyAgreement
TENANCY
AGREEMENT
For letting a residential dwelling
Where there is more than one tenant, all obligations, including those for rent and repairs can be enforced
against all of the tenants jointly and against each individually.
If you are unsure of your obligations under this agreement, then you are advised to take independent legal
advice before signing.
General Notes
1. This tenancy agreement is for letting unfurnished accommodation on an assured shorthold
tenancy within the provisions of the Housing Act 1988 as amended by part III of the Housing Act
1996. As such, this is a legal document and should not be used without adequate knowledge of the
law of landlord and tenant.
2. Prospective tenants should have an adequate opportunity to read and understand the tenancy
agreement before signing in order for this agreement to be fully enforceable.
3. This agreement may be used for residential tenancies of three years or less. Agreements for
tenancies of a longer duration should be drawn up by deed.
4. Section 11, Landlord and Tenant Act 1985 – these obligations require the Landlord to keep in
repair of the structure and exterior of the dwelling, and to keep in repair and proper working order
the installations for the supply of water, gas and electricity and the installations in the Property for
space heating and heating water.
5. Section 196 of the Law of Property Act 1925 provides that a notice shall be sufficiently served if
sent by registered or recorded delivery post (if the letter is not returned undelivered) to the tenant
at the Property or the last known address of the Tenant or left addressed to the Tenant at the
Property.
6. This agreement has been drawn up after consideration of the Office of fair Trading’s Guidance on
Unfair terms in Tenancy Agreements.
THIS AGREEMENT is made on the date specified below BETWEEN the Landlord and the Tenant.
It is intended that the tenancy created this Agreement is and shall be an assured shorthold
within the meaning of the housing Acts.
TENANCY PARTICULARS
Date:
Landlord:
Landlord’s Address:
Tenant(s):
Term:
Commencing on:
Rent:
Payment:
Deposit:
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1 INTERPRETATION
1.1 The expression "the Landlord" shall apply to the person who is for the time being
entitled to the reversionary interest in the Premises on determination of the Term.
1.2 The expression "the Tenant" includes the persons deriving title under the Tenant.
1.3 Where "the Landlord" or "the Tenant" for the time being comprises two or more
persons, the obligations made by or with them in this agreement shall be made by or
with such persons jointly and severally (this means that if there is more than one
Tenant, each Tenant will be liable for all sums due under the agreement and not just
liable for a proportionate part).
1.4 Words importing only the masculine gender include the feminine gender, and
words importing the singular number include the plural number and visa versa.
1.6 Any obligation by the Tenant not to do any act or thing shall include an obligation
not to permit or allow the doing of such act or thing.
1.7 References to the Premises include references to any part or parts of the Premises
and to the fixtures [furniture, furnishings,] and contents as set out in the Inventory.
2 AGREEMENT
2.1 The Landlord agrees to let and the Tenant agrees to take the Premises for the
Term at the Rent.
2.2 The Rent shall be payable in advance on the 25th day of each and every month of
the Term with the first of such payments to be made on the signing of this agreement.
The payment for any period of less than one calendar month is to be apportioned on a
daily basis.
[2.3 The Premises are let together with the right(s) for the Tenant set out in Schedule 1
[and excepting and reserving for the Landlord the rights set out in Schedule 2] ].
3 TENANT'S OBLIGATIONS
The Tenant agrees with the Landlord as follows:
3.1 Rent
To pay the Rent during the Term on the days and in the manner stated above (whether
formally demanded or not) without any deduction (except where it is lawful to do so) to
the Landlord by direct debit to the Landlord’s bank account.
3.2 Outgoings
To pay promptly to the authorities to whom they are due, council tax and outgoings
(including water and sewerage charges, gas, electric, light and telephone (if any)
relating to the property), including any which are imposed after the date of This
Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee
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relating to the supply of water, gas, electricity and telephone of the same is
disconnected. The Tenant agrees to notify the Landlord prior to changing supplier for
any of the utility services (i.e. gas, electricity, water supply etc.)
3.3 Services
3.3.1 To pay for (direct to the relevant authority or supplier) all gas, electricity,
fuel oil, and water which is consumed or supplied on or to the Premises and for
all telephone calls made throughout the Term, and the amount of all rentals and
standing charges for gas, electricity, fuel oil, and water or the provision of a
telephone line throughout the Term.
3.3.2 To pay the amount of the television licence fee [and of any charges for
cable or satellite television services for the Premises] throughout the Term.
[3.3.3 To pay all charges for the security alarm or other security system at the
Premises together with any and all "call out" charges resulting from the security
alarm or other security systems at the Premises being activated whether or not
intentionally during the Term].
3.3.4 To ensure that all accounts issued by the relevant authorities or suppliers
are issued to and made out to the Tenant for the duration of the Term. Where
the Tenant allows, either by default of payment or specific instruction, the utility
or other services to be cut off, whether during or at the end of the Term, the
Tenant is to pay, or be liable to pay, the costs associated with reconnecting or
resuming those services.
3.4 Repair
Sections 11-14 of the Landlord and Tenant Act 1985 (as amended) apply to the
agreement. These require the Landlord to keep in repair the structure and exterior of
the Premises and keep in repair and proper working order the installations in the
Premises for the supply of water, gas, electricity, sanitation and for space and water
heating. It is the Tenant’s obligation to:
3.4.1 Advise the Landlord promptly of any defects and disrepair in or at the
Premises for which the Landlord is liable;
3.4.2 Keep the interior of the Premises and the paint, wallpaper and
decorations, fireplaces, window fittings, sash cords, glass doors, and door
furniture in good, clean, and tenantable repair and condition;
3.4.3 Keep cleansed and free from obstruction all gutters, down pipes, drains,
sanitary apparatus, water and waste pipes;
3.4.4 Make good promptly all damage and breakages to the Premises and to
the items listed in the Inventory that may occur during the Term that are the
responsibility of the Tenant (with the exception of fair wear and tear and
accidental damage by fire), and to inform the Landlord of any such work
undertaken;
3.4.5 Replace promptly all broken glass with the same quality glass where the
Tenant, his family or visitors caused the breakage;
3.4.6 Clean all the windows of the Premises both inside and outside at least
once in every two calendar months of the Term and at the end of the Term;
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3.4.7 Keep the Premises well and sufficiently aired and warmed at all times
during the Term and to take all such precautions as may be reasonably
necessary to prevent water pipes, sinks, WCs, and cisterns within the Premises
becoming damaged by frost; and in the event of any damage being so caused
by the Tenant’s failure, to take such precautions to make good such damage at
the Tenant's own expense;
3.4.8 Use reasonable endeavours to keep the Premises free from pests and
vermin, and to advise the Landlord promptly of any infestation of insects,
vermin, wet or dry rot, or of any disrepair which if continued might cause further
damage to the Premises or a danger to any person;
3.4.9 Preserve the [furniture, furnishings,] fixtures and other items listed in the
Inventory from being destroyed or damaged and not to remove them from the
Premises;
3.4.10 Reimburse the Landlord, at the end of the Term, the reasonable costs of
the professional washing and cleaning of any carpets, curtains, linens, bedding,
upholstery and similar articles which become soiled during the Term where it is
reasonable for the Landlord to incur such costs; [and]
[3.4.11 Keep the [garden][patio][terrace] of the Premises clean and tidy and to
mow the lawns as often as necessary and to keep the flower beds free from
weeds and hedges trimmed, and not to lop, top, cut down, remove, or
otherwise injure any trees, shrubs, or plants growing upon the Premises, or to
alter the general character of the [garden][patio][terrace], and throughout the
whole of the Term to cultivate the garden in a reasonable manner according to
the season of the year.]
3.5.2 Not to make any alterations or additions to or tamper or interfere with the
electric, gas, or plumbing systems, installations, or meters in or serving the
Premises without the Landlord’s consent.
3.5.3 Not to carry out any re-decoration of the Premises or any part thereof
[without prior written consent of the Landlord].
3.5.4 Not to do anything or omit to do anything upon the Premises which shall
cause damage to or deterioration of its internal or external surfaces or to the
coverings or decorations of those surfaces [save that the Tenant shall be
permitted to hang a reasonable number of pictures provided that they are hung
using good quality picture hooks, and that at the end of the Term the walls are
made good to the reasonable satisfaction of the Landlord].
3.5.5 Not to place or exhibit any notice board or notice or sign visible from
outside the Premises advertising any profession, trade, or business, or any
goods or services.
3.5.6 Not to erect any television aerial, satellite dish, or radio mast, or install
cable television, without the prior written consent of the Landlord. In the event
of consent being given any equipment must be removed at the end of the
Term, if required by the Landlord, and any damage to the Premises made good
at the Tenant's expense.
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3.6 Security and Keys
3.6.1 The Landlord’s insurance does not cover the Tenant’s possessions. The
Tenant is responsible for arranging insurance cover for public liability and for
personal belongings and effects brought onto the Premises.
3.6.2 Not to install or change or alter any locks [or security codes] at the
Premises without the Landlord's prior written consent and to provide the
Landlord with a set of keys [or the new codes] immediately upon replacement.
3.6.3 Not to leave the Premises unoccupied for any period whatsoever without
locking and securing all windows and doors that permit access to the Premises,
and to ensure that the security alarms or other security devices are set at all
appropriate times.
3.6.4 Not to leave the Premises unoccupied or vacant for any period greater
than 21 days at any one time without first giving written notice to the Landlord
of the intention to do so.
N.B. Failure to comply with this obligation may lead to the Landlord
treating the Premises as abandoned and the tenancy at an end (see
clause 5.6.1 below)
3.7.3 Not to assign the Tenancy without the prior written consent of the
Landlord, such consent not to be unreasonably withheld by the Landlord who
may, where it is reasonable to do so as a condition of such consent, require the
Tenant to enter into a Guarantee of the assignee’s compliance with the
Tenant’s obligations for the remainder of the fixed period of this agreement.
3.7.4 Not to use the Premises or allow the Premises to be used for any
profession, business, or trade whatsoever, nor to use the Premises, or allow
the Premises to be used, for any illegal, immoral, or improper purpose.
3.7.5 Not to keep or permit to be kept on the Premises, any animal, fish, reptile,
or bird [without the previous written consent of the Landlord]. Such consent
may be withdrawn in the event that the animal, fish, reptile, or bird causes
damage to the Premises or a nuisance or annoyance to the Landlord or to the
owners or occupiers of any nearby premises]
3.7.6 Not to do, or permit to be done, in or on the Premises, any act or thing
which may be or become a nuisance or annoyance (this includes any nuisance
or annoyance caused by noise) or cause damage or inconvenience to the
Landlord or the Tenants or occupiers of any nearby premises
3.7.7 Details of the Landlord’s insurance are provided with this Agreement. The
Tenant shall not do, or permit to be done in or about the Premises, any act or
thing which may render void or invalidate the insurance of the Premises or
otherwise increase the ordinary premium for the insurance.
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3.7.8 Not to use or keep in the Premises any type of stove, heater, or lamp
burning paraffin (or any type of fuel oil), nor to use, or permit to be used, any
electrical apparatus or other equipment of a type or in a condition which might
endanger the Premises.
3.7.11 Not to keep, park, or store any boat, caravan, commercial or similar
vehicle at or near the Premises.
3.10 Costs
3.10.1 To pay to the Landlord all reasonable costs and expenses (including
VAT where the Landlord is not able to recover VAT) reasonably incurred by the
Landlord (including but not limited to the costs and fees of the Landlord's
solicitors and other professional advisers):
(a) in respect of any action taken by the Landlord in connection with a
breach by the Tenant of any obligation on the part of the Tenant
contained in this agreement; and
(b) in connection with all applications by the Tenant for any consent or
approval of the Landlord required by the terms of this agreement,
including those incurred in cases where consent is refused or the
application is withdrawn.
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3.11 The End of the Term and the Removal of the Tenant’s Belongings
3.11.1 To give the Landlord 2 months notice if the Tenant intends to leave at
the end of the fixed term of this agreement.
3.11.3 If any of the Tenant’s goods or any goods belonging to the Tenant’s
household shall not have been removed from the Premises at the expiration or
sooner determination of the Term, the Landlord will remove and store such
items for 28 days or such other period as is reasonable in the circumstances.
The Landlord will notify the Tenant at the last known address. If the items are
not collected within the said storage period, the Landlord may dispose of them
in such manner as is reasonable in the circumstances and the Tenant will be
liable for all reasonable removal and/or storage and/or disposal charges
incurred by the Landlord. The reasonable costs incurred by the Landlord in
removing storing and disposing of the items may be deducted from any sale
proceeds or the Deposit and, if there are any costs remaining after such
deduction, they will be recoverable from the Tenant as a debt.
4 LANDLORD’S AGREEMENTS
The Landlord agrees with the Tenant as follows:
4.1 Insurance
To keep the Premises [and the Building] insured against loss or damage by fire,
tempest, flood, or explosion, and such other risks as the Landlord shall consider
appropriate, provided that there should be no liability on the Landlord:
4.1.1 To insure any goods or effects whatsoever of the Tenant; or
4.1.2 To insure the Premises [or the Building] or any goods or items
whatsoever against accidental damage by the Tenant or damage due to
negligence or fault of the Tenant.
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5 MUTUAL AGREEMENTS
5.1 Deposit
5.1.1 On the signing of this Agreement, the Tenant shall pay to the Landlord
the Deposit as security for the Landlord in respect of:
(a) any rent or other payments due from the Tenant which remain
unpaid;
(b) any damage to the Premises or the items listed in the Inventory for
which the Tenant may be liable;
(c) any unpaid accounts for council tax, gas, electricity, fuel oil, or water
consumed by the Tenant in the Premises, and any unpaid telephone
charges;
(d) any other breach by the Tenant of the Tenant's agreements and
obligations under this agreement;
(e) any sum repayable by the Landlord to the Local Authority where
housing benefits have been paid directly to the Landlord;
(f) any costs, expenses, charges, or other monies payable by the
Tenant to the Landlord under this agreement; and
(g) any reasonable costs incurred by the Landlord due to any cheque of
the Tenant which does not clear, or in respect of any reasonable costs
incurred by the Landlord by reason of any letter being sent to the
Tenant due to rent arrears, or any other breach of the Tenant's
obligations under this agreement.
5.1.2 The Landlord shall protect the deposit in accordance with the
requirements of the Housing Act 2004 by use of an authorised deposit scheme,
and deductions from, and repayments of the deposit will be dealt with in
accordance with the rules of the scheme. As required by the Housing Act 2004,
the Landlord will provide the Tenant with information about the scheme used
within 14 days of receipt of the deposit.
5.2 Interest
5.2.1 In the event that any instalment of rent or any other money payable by the
Tenant under this agreement is not paid within 14 days of the day on which it
became due, then the same shall carry simple interest at the rate of 4 per cent
per annum above the base rate of HBOS plc for the time being in force,
calculated on a daily basis from the date upon which the same became payable
until the date of payment.
[5.3.2 The Landlord (or, in the case of joint Landlords, at least one of them) has
occupied the Premises as his only or principal home and may require the
Premises as his or his spouse’s only or principal home. The Landlord hereby
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gives notice that possession of the Premises may be recovered on Ground 1 in
Part I of Schedule 2 to the Housing Act 1988.]
[5.3.3 The Premises are subject to a mortgage granted before the beginning of
this agreement and the mortgagee is or may be entitled to exercise a power of
sale and may require possession of the Premises for the purpose of disposing
of the Premises in the exercise of that power. The Landlord hereby gives notice
to the Tenant that possession of the Premises may be recovered on Ground 2
in Part I of Schedule 2 to the Housing Act 1988.]
5.5 Notices
5.5.1 Any notice or other document to be served on either of the parties under
the terms of or in connection with this agreement shall be sufficiently served if it
is left or delivered at, or sent by special delivery or by recorded delivery
addressed to:
(a) the address of the party to be served as specified in the Tenancy
Particulars; or
(b) such other address as may from time to time be notified in writing to
the other party; or
(c) (in the case of any notice which is to be served on the Tenant) the
Premises.
5.5.2 Any notice or document of the kind referred to in this clause if sent by
special delivery or by recorded delivery, addressed as required above, shall be
deemed to have been sufficiently served 48 hours after the time of posting
(unless returned by the Post Office undelivered).
5.6 Abandonment
5.6.1 If it comes to the attention of the Landlord that the Premises have not
been occupied by the Tenant for more than 21 days and the Tenant has not
given the Landlord notice in accordance with clause 3.6.4 above, and if,
following further investigation by the Landlord, the Landlord forms the belief,
and has reasonable cause to believe, that the Tenant has ceased to reside at
the Premises, the Landlord may treat the Premises as being abandoned by the
Tenant and re-enter the Premises and thereby bring this agreement to an end.
Such entry by the Landlord will not affect any right or rights the Landlord may
have against the Tenant in respect of any subsisting breach by the Tenant of
the Tenant's agreements and obligations under this agreement as at the date
of the re-entry
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5.7.2 This agreement shall not operate to confer any rights on any third party
and no person other than the parties to it may enforce any provision of this
agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
Landlord’s name:
Date:
Address:
Witness Signature:
Tenant’s name:
Date:
Address:
Witness Signature:
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