ASSURED SHORTHOLD TENANCY AGREEMENT
For letting of fumished/ unfurnished dwelling house on an Assured Shorthold Tenancy under part 1 of the Housing Act 1988.
Dated this day of 2003.
Between Michael Stringfellow (hereinafter called "the Landlord") of the one part and (hereinafter called 'the Tenant') of the other part whereby it is agreed as follows:-
1. The Landlord lets and the Tenant takes the premises known as Southampton hereinafter called "the property") together with the furniture fixtures and effects therein as are described in an Inventory and Schedule of Conditions a copy of which shall be handed to the tenant who shall give a receipt therefore for a term to commence at mid-day on the 2003 and to terminate mid-day on the 2003 at the rent of £ per calendar month (together with such sum if any as is payable by way of additional rent under the terms of clause 3 hereof) payable in advance the first instalment to be paid on the signing of the Agreement and thereafter on the day of each month by standing order or cheque.
2. This Agreement is intended to create an Assured Shorthold Tenancy as defined in Section 20 of the Housing Act 1988 and the provisions for the recovery of possession by the Landlord in Section 21 thereof apply accordingly.
3. The Tenant hereby agrees with the Landlord as follows:-
(a) To pay the rent on the days and in the manner aforesaid
(b) To keep the items in the Inventory and Schedule of Condition in their present state of repair and condition (fair wear and tear and damage by accidental fire and other risks
insured by the Landlord excepted) and to replace repair or restore to the satisfaction of the Landlord or at the option of the Landlord to pay for any damage to the same during or at the expiration of the tenancy.
(c) Not to remove any of the items in the Inventory or Schedule of Condition from the property and at the end of tenancy to leave the same in the several rooms and places as described in the Inventory and Schedule of Condition.
(d) In the event of the property not being delivered up in all respects as herein agreed the
Tenant shall pay to the Landlord the cost incurred by him in cleaning and rearranging the rooms in accordance with the Inventory and Schedule of Condition sweeping any necessary chimneys or in washing or cleaning of any of the articles aforesaid.
(e) To permit the Landlord and/or his Agent by prior appointment with or without workmen and other with all necessary appliances at all reasonable times to enter upon and examine the condition of the said premises and the said furniture, fixtures and effects and to execute repairs to the same.
(f) Not to do or permit to suffer to be done anything whereby any policy of insurance on the said premises against risk may become void or voidable whereby the rate of premium on any such policy may be increased and to repay to the Landlord on demand all sums from time to time paid by way of increased premium and all expenses incurred by the Landlord in or about any renewal of such policy rendered necessary by a breach of this Agreement and in the event of loss or damage by fire theft impact or any causes immediately to inform the Landlord or his Agents and to give full details as to how the loss or damage occurred in order to enable the Landlord to make his or her claim from the Insurance Company.
(g) Not to assign charge underlet or part with the possession or occupation of the premises or any part thereof or of the said furniture fixtures or effects of any part thereof but to keep the property in the occupation of the Tenant and the Tenants family only but so that not more than the number of persons (including children) stated in the offer shall be living in the Property at any one time.
(h) Not to carry on any profession or trade or business on the said premises or let apartments in or receive paying guests in the said premises or exhibit any notice board or notice whatsoever on any portion of the said premises or use the said premises or any part thereof for any other purpose than that of a private residence.
(i) To pay for the washing of all linen and for the washing and cleaning of all counterpanes blankets bedding covers to furniture and curtains that may become soiled during the tenancy.
(j) To pay for all the electricity consumed in or upon the property and meter and telephone rents due together with all charges for telephone calls made during the period of the tenancy hereby created and to pay the cost of any reinstatement of the services occasioned by non-payment of these charges AND if the tenant shall fail to pay for such charges then the Landlord's Agents shall be empowered at their discretion to pay them out of such balance if any of the deposit referred to in Clause 3x herein as may remain in their hands after the Tenant's liability for the dilapidations has been met AND also to pay the Council Tax.
(k) 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 and throughout the whole of the tenancy to cultivate the garden in a reasonable manner according to the season of the year.
(i) In the event of any infectious illness happening during the tenancy properly to disinfect the said premises and repair where necessary and replace any articles the destruction of which may be rendered necessary in consequence of such dis-infection.
(m) Not to allow drunken disorderly or disreputable persons on the property nor to commit or permit on the property any waste or damage or anything which may be or become a nuisance or annoyance to any near or adjoining owner or occupier not to use or permit to use the property for any illegal immoral or improper purpose.
(n) Not to hold or permit to be held any sale by Auction on the said premises.
(o) Not to erect or set up any new building or erection on the said premises or pull down alter or interfere with the structure or internal arrangements of the said premises or in any manner to damage or deface or disfigure the walls ceilings or other parts thereof or do anything which may weaken or destroy any of the walls, main timbers or girders thereof. Not to convert into or occupy the said premises for any purpose other than as a single private dwelling house.
(p) If the Landlord or any Superior Landlord shall at any time or times during the continuance of the term serve upon the Tenant any notice in writing specifying any repairs necessary to be done for which the tenant is responsible under the terms of this Agreement and requiring the Tenant forthwith to execute the same and if the Tenant shall not forthwith after the service of such notice proceed diligently with the execution of such repairs and to permit the Landlord and Superior Landlord to enter upon the said premises in order to execute such repairs and the cost thereof shall be in debt due from the Tenant to the Landlord and to be forthwith recoverable by action.
(q) To yield up the said premises and said furniture fixtures and effects at the termination of the term in such state of repair, condition, order and preservation as shall be in accordance with the Tenants Agreements and the said furniture, fixtures and effects shall be left upon the said premises in the same respective parts thereof as the commencement of the term.
(r) Not to keep or permit to be kept on the property any domestic pet or other animal except by written agreement.
(s) Not to bring or permit to be brought to the property caravans or portable buildings of any kind.
(t) Not without first notifying the Landlord's Agent in writing to leave the property shut up or untenanted for a period of more than fourteen days.
(u) To take reasonable precautions to prevent damage to the water system and in the event of damage caused by failure to take such precautions the Tenant shall forthwith effect all such repairs as may be necessary to reinstate the system in good working order and also repair to make good any consequential damage that may be caused to the building furniture fixtures and effects by reason of the Tenants failure to take such precautions as aforesaid.
(v) To perform and observe the covenants on the lessee's part contained in the head lease (copy attached, if applicable) except only the covenant for payment of the rent reserved the covenant for repair and the covenant for insurance contained therein and to permit entry to the lessor as therein provided and to keep the Landlord indemnified against all claims damages costs and expenses in any relating thereto.
(w) To pay all expenses including Solicitors costs and Surveyors fees incurred by the Landlord incidental to the preparation and service of a notice under Section 146 of the Law of Property Act 1925 notwithstanding forfeiture is avoided otherwise than by relief granted by the court.
(x) On the signing of the Agreement to deposit with the Landlord the sum of one months rent to be held to his or her credit against any dilapidations, service charges and non payment of rent and services that may accrue during the tenancy hereby created SUCH deposit not to be treated as advance payment of rent. This deposit to be returned subject to contract as soon as practicable after the term of the said tenancy.
(y) To pay in full when demanded all electricity accounts and council tax demands in respect of the property.
4. THE LANDLORD HEREBY AGREES with the Tenant as follows:-
(a) That in default of the Tenant's raising any objections to the contents of the Inventory and Schedule of Condition aforesaid within seven days of receipt thereof then the Tenant shall be deemed to accept such Inventory and Schedule of Condition as correct in all respects PROVIIDED THAT if objections are made by the Tenant within such seven days then it shall be at the sole discretion of the Landlord or his Agents to decide whether any amendment to the Inventory and Schedule of Condition ought to be made and if appropriate to amend the Inventory and Schedule of Condition within fourteen days of receipt of the Tenant's objections.
(b) To pay the rent due under the Superior Lease (if any) and also to pay all rates taxes and other out goings chargeable on the property except as hereinafter provided and to keep the property in good and tenantable repair and condition (repairs rendered necessary by the negligence or improper acts of the Tenant his family, servants or other excepted).
(c) That provided the Tenant pays the rent in the manner aforesaid and keeps the covenants and provisions herein contained and on his part to be observed and performed the Landlord will give the Tenant quiet and peaceable possession of the property, furniture fixtures and fittings and effects for the term herein mentioned without any interruption from or by the Landlord or any person rightfully claiming under him or her.
(d) To effect and maintain a comprehensive policy of Insurance of the property and the Landlord's furniture and effects therein included in the said Inventory in the full insurable value thereof.
(e) To use his best endeavours to keep the services to the property and central heating system (if any) in good and tenantable repair.
5. IT IS MUTUALLY AGREED AS FOLLOWS BETWEEN THE LANDLORD AND TENANT
(a) That in the event that the tenant shall not have paid rent within 7 days of its due date whether legally demanded or not or if the tenant shall have a receiving order made against him or being made against him or being a Company shall go into liquidation (other than for the purpose of rearrangement or reconstruction) or for the tenant being an individual shall compound with his creditors or in the event of the breach or non performance by the tenant of any other covenants and provisions on his part herein contained then the Landlord may re-enter and take possession of the property or any part thereof together with the furniture fixtures and effects and henceforth this Agreement shall be utterly void but without prejudice to any antecedent claim which either party may have against the other.
(b) That if at any time during the tenancy the buildings or any part thereof subject to this Agreement shall be destroyed or damaged by fire or otherwise so as to become unfit for occupation and use then (provided the money payable under the policy of insurance effected by the Landlord shall not have become irrecoverable through any act or default of the Tenant) the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained (to be ascertained in case of dispute by reference to a single Arbitrator to be appointed pursuant to the provisions of Arbitration Act 1950 and any amendments thereto) shall be suspended and cease to be payable until the property has been rendered fit for habitation and use and the Landlord shall repay to the tenant any rent paid in advance for any period while the said property or any part thereof is destroyed or rendered uninhabitable as aforesaid.
(c) That the Tenant may nominate an Agent to act for him or her to check the Inventory and Schedule of Condition at the end of such tenancy such Agent to be empowered to agree the amount of the Tenant's liability for the dilapidations with the Landlords Agents BUT if the Tenant shall fail to notify the Landlord's Agents of the Identity of his or her Agent thus appointed at least seven days before the date on which the tenancy expires then the Landlord's Agents shall proceed alone and their decision as to the Tenant's liability for delapidations shall be binding on both parties.
(d) Any notice request demand or other instrument under this Agreement may be served on the Landlord by serving it upon him personally or by sending it throughout the post in a registered letter addressed to him at his address given in this Agreement or by delivering the same to Agents of the Landlord. In a similar manner notices hereunder sent by post shall be deemed to be delivered to the Landlord on the date when such notice is placed in the post.
(e) It is further agreed that during the last month of the tenancy the Tenant will allow other
prospective Tenants to view the property at all reasonable times during daylight hours.
(f) The Landlord agrees to pay for checking the Inventory contents on the termination of the tenancy.
(g) Where two or more persons are named herein either as "Landlord" or "Tenant" such person shall be liable jointly and severally in respect of the obligations herein contained.
NOTICE
6. In this agreement where the context so admits:-
(a) Words importing the masculine gender include the feminine and neuter genders
(b) Words importing the singular number only include the plural number and vice-versa and where there are two or more persons included in the expression 'the Landlord" or "the Tenant" agreements expressed to be made by the Landlord or the Tenant shall be deemed to be made by such persons jointly and severally.
(c) The expressions "Superior Landlord" shall mean any Landlord (other than the Landlord) holding an estate or interest in reversion on the demised premises or on the said term whether immediate to the Landlord or otherwise.
(d) References in this agreement to "the Act" shall mean the Housing Act 1988, or any statutory modification or re-enactment thereof for the time being in force.
(e) Reference to the Landlords Agents in Clauses (4)a and 5(c) shall mean the Inventory Company employed by the Landlord and not the Letting Agents. In the case where the Landlord makes his own inventory the Landlord shall be his own Agent in any disputes over dilapidations.
7. That the Tenant (or Landlord) shall have the right to determine the tenancy hereby created by giving at least 2 months notice in writing to the Landlords Agents (or tenant) duly authorised in that behalf.
8. This Agreement shall take effect subject to the provisions of Section 11 of the Landlord and Tenant Act 1985 if applicable to the tenancy.
Signed by The Tenant
this day of 2003
Signed by the Landlord
this day of 2003
THIS DOCUMENT IS INTENDED TO CREATE AN ASSURRED SHORTHOLD TENANCY AS DEFINED IN SECTION 20 OF THE HOUSING ACT 1988. IF YOU ARE IN ANY DOUBT ABOUT YOUR POSITION YOU SHOULD TAKE INDEPENDANT LEGAL ADVICE BEFORE SIGNING AND BEING BOUND BY THE TERMS OF THIS AGREEMENT.