What email address or phone number would you like to use to sign in to Docs.com?
If you already have an account that you use with Office or other Microsoft services, enter it here.
Or sign in with:
Signing in allows you to download and like content, and it provides the authors analytical data about your interactions with their content.
Embed code for: T E N A N C Y A G R E E M E N T MasterWeymSameena Lumber-Tribble
Select a size
T E N A N C Y A G R E E M E N T
for letting a furnished dwelling-house
on an assured shorthold tenancy
under Part I of the Housing Act 1988
This is a form of legal document and is not produced or drafted for use, without technical assistance, by persons unfamiliar with the law of landlord and tenant.
IF EITHER PARTY DOES NOT UNDERSTAND THIS AGREEMENT OR ANYTHING IN IT, HE OR SHE IS STRONGLY ADVISED TO ASK AN INDEPENDENT PERSON FOR AN EXPLANATION. SUCH AN EXPLANATION MIGHT BE GIVEN BY A SOLICITOR, A CITIZENS ADVICE BUREAU OR A HOUSING ADVICE CENTRE.
Note that any assured tenancy (including a statutory periodic tenancy) commencing on or after 28th February 1998 will be an assured shorthold tenancy unless it falls within any paragraph in Schedule 2A of the Housing Act of 1988.
This form should not be used for granting a tenancy to a person who is already a protected or statutory tenant or a protected occupier: see Housing Act 1988.
If the landlord takes a deposit, the landlord must, within 14 days from the date of payment, give the tenant and any person who has paid the deposit on the tenant’s behalf certain written information about the way the deposit is protected. See the Housing Act 2004, S.213(5) and the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, S.I.No. 797/2007. The landlord may not require a deposit which consists of property other than money.
DATE: 2 January 2016. This is the date Ms S. Lumber moved into the house.
1. THE LANDLORD Mrs S. O’Shea-Nathaniel
2. THE TENANT(S) Ms Sameena Lumber Tribble
ROOM 2 AT THE DWELLING HOUSE AT:
21 Wesley St
Dorset DT4 7DT
Together with the Fixtures, Furniture and Effects in room 1 and the shared parts of the Property listed in the inventory signed by the parties.
TERM A fixed term of six months
from 2 January 2016 (start date)
RENT £495.- per calendar month
PAYABLE 1 month in advance initially and thereafter by equal monthly payments of £495
on the second day of each calendar month.
FIRST PAYMENT was made on 2 January 2016 (date) for £200.- which was a payment towards the deposit of £250.
1. THE Landlord lets the Property to the Tenant for the Term at the Rent payable as set out above.
2. THIS Agreement creates an assured shorthold tenancy within Part I Chapter II of the Housing Act 1988. This means that when the Term expires the Landlord can recover possession as set out in section 21 of that Act unless the Landlord gives the Tenant a notice under paragraph 2 of Schedule 2A to that Act stating that the tenancy is no longer an assured shorthold tenancy.
3. If the Property is damaged to such an extent that the Tenant cannot live in it, the Rent will cease to be payable until the Property is rebuilt or repaired so that the Tenant can live there again unless
(1) the cause of the damage is something which the Tenant did or failed to do as a result of which the Landlord’s insurance policy relating to the Property has become void; and
(2) the Landlord had given the Tenant notice of what the policy required.
Any dispute about whether this clause applies must be submitted to arbitration under Part I of the Arbitration Act 1996 if both parties agree to that in writing after the dispute has arisen
4. THE Tenant agrees with the Landlord—
(1) To pay the Rent as set out above
(2) (a) To pay any council tax which the Tenant is obliged
to pay under the Local Government Finance Act 1992 or any regulations under that Act. (Not applicable)
(b) To pay to the Landlord the amount of any council tax which, while the tenancy continues, the Landlord becomes obliged to pay under that Act or those regulations for any part of the period of the tenancy because the Tenant ceases to live at the Property. (Not applicable)
(3) To pay for all gas, electricity, water and sewerage services supplied to the Property during the tenancy and to pay all charges for the use of any telephone at the Property during the tenancy. Where necessary, the sums demanded by the service provider will be apportioned according to the duration of the tenancy. The sums covered by this clause include standing charges or other similar charges and VAT as well as charges for actual consumption.
(Not applicable, except for gas and electricity charges over £60.- per calendar month per room, Sky Box Office events and films and any telephone charges above the inclusive package.)
(4) Subject to clause 7 overleaf, to keep the drains, gutters and pipes of the Property clear. This means that if the tenancy is of a dwelling-house for a term of less than seven years and section 11 of the Landlord and Tenant Act 1985 (referred to in clause 7 below) applies, the Landlord has to do any clearance work required in order to keep the drains, gutters and pipes in repair, but DOES NOT HAVE TO DO SMALL JOBS WHICH A REASONABLE TENANT WOULD DO.
(5) To keep the interior of the Property, the internal decorations and the Fixtures, Furniture and Effects in good repair and condition (except for damage caused by accidental fire and except for anything which the Landlord is liable to repair under this Agreement or by law) and to replace if necessary any items of the Fixtures, Furniture and Effects which have been damaged or destroyed. This clause does not oblige the Tenant to put the Property into better repair than it was in at the beginning of the tenancy.
(6) To allow the Landlord or anyone with the Landlord’s written authority to enter the Property at reasonable times of the day to inspect its condition and state of repair, if the Landlord has given 24 hours’ written notice beforehand.
(7) To use the Property as a private dwelling-house only. This means the Tenant must not carry on any profession, trade or business at the Property and must not allow anyone else to do so.
(8) Not to alter or add to the Property or do or allow anyone else to do anything on the Property which the Tenant might reasonably foresee would increase the risk of fire.
(9) Not to do or allow anyone else to do anything on the Property which may be a nuisance to or cause damage or annoyance to the tenants or occupiers of any adjoining premises
(10) During the entire tenancy not to assign or sublet the Property and not to part with possession of it in any other way
(11) To give the Landlord a copy of any notice given under the Party Wall etc. Act 1996 within seven days of receiving it and not to do anything as a result of the notice unless required to do so by the Landlord
(12) At the end of the Term or earlier if the tenancy comes to an end more quickly to deliver the Property up to the Landlord in the condition it should be in if the Tenant has performed the Tenant’s obligations under this Agreement
(13) Not to remove any of the Fixtures, Furniture and Effects from the Property and to leave the Furniture and Effects at the end of the tenancy where they were at the beginning
(14) During the last twenty-eight days of the tenancy to allow the Landlord or the Landlord’s agents to enter and view the Property with prospective tenants at reasonable times of the day, if the Landlord has given 24 hours’ written notice beforehand.
(15) No illegal or hazardous substances to be used or stored on the premises. No drugs hard or soft such as weed, marijuana or pot, cocaine or any other illegal drugs to be used or stored on the premises.
(16) No Children or pets to be kept at the property.
(17) No noise of any sort or music to be heard beyond the confines of the room between the hours of 10.00 p.m. and 8.00 a.m. At all other times music is not to be played at annoyingly loud volumes that cause nuisance to the other tenants at the property. The same applies to any other form of sound such as TV volumes or conversations.
(18) In an effort to reduce the nuisance of noise, no more than two guests are to be entertained on the premises and the tenant who invites these guests is held totally responsible for their behaviour and must ensure that his/her guests do not give offence or cause a nuisance to the other tenants at the property. Such guests are to be entertained only in the room of the tenant who has invited them in.
(19) Hygiene is of paramount importance and in order to maintain peace and harmony at the property the tenant(s) must undertake to tidy and clean all kitchen, bathroom, shower and toilet surfaces that he/she has used directly after use. No dirty dishes, pots or pans etc. are to be left blocking the access to the sink, hob, oven or work surfaces in the kitchen and washed dishes are to be dried and removed from the drainer so that other tenants may use the facilities as well at their convenience. Also the rubbish must be disposed of in a neat manner and the area around the bins must be kept in good order, to discourage vermin, i.e. cockroaches, rodents, feral cats, gulls and pigeons.
(20) The tenant(s) must undertake to clear any laundry, directly the laundry programme allows, from the washing machine and not to leave said laundry blocking access to the machine for the other tenants. The tenant(s) must also undertake to clear the clothes dryer as soon as his/her clothes are dry to allow free access to this facility for the other tenants and also the tenant should take care not to overload the dryer beyond its capacity of 3 kg, when wet.
(21) Safety is of paramount importance. Therefore, no interference with fixtures that are designed for the safety of the house such as fire alarms, public warning notices, spray equipment, detector heads, self-adjusting door closers etc.
(a) Fire doors, such as the one into the kitchen, are not to be kept open by means of wedges or door stops, since this impairs the fire security at the house.
(b) With the exception of the gas hob, no naked lights, flames, candles or fires are to be used at the house. Anyone wishing to smoke must do so outside the property to avoid the risk of fire.
(c) Heating is provided in the form of gas central heating. No tenant is to use electric radiators or any form of electrical heater.
(d) If the tenant brings electrical equipment into the house, such as tv, stereo systems, IT equipment or any other electrical appliance, the tenant must ensure that such equipment is safe and in good order. The tenant is entirely responsible for any electrical equipment that he/she may bring into the house.
(e) If there is a fire at the property, the tenant is not requested to use any of the fire-extinguishers to fight the blaze, unless they have received expert training in the use of such equipment. Instead, they are to leave the building as quickly as possible and raise the alarm after having left the building. This is in accordance with the latest advice from the Dorset Fire Department.
(22) A few years ago, this house was my family home. It could be that in a year’s time.
(23) Any damage to the property must be reported immediately to me on: 07787 126273. Failure to do so could increase the level of the damage and result in further damage and therefore lead to neglect which will breach the above-mentioned paragraph 5 of clause 4.
(24) If you require the assistance of the Housing Benefits Department to pay your rent, you will ask them to pay all of that rent from the date of your first claim directly to my bank account. You will also give them permission to discuss your claim with me, irrespective of data protection laws.
(25) Failure to report infestations of pests such as rodents and/or insects as soon as they appear will result in the tenant(s) being liable for the costs of eradicating the pests, including fumigation and required destruction and disposal of soft furnishings. This is in accordance with paragraph 12 mentioned above.
5. IF the Tenant ------
(1) is at least fourteen days late in paying the Rent or any part of it,
whether or not the Rent has been formally demanded, or
(2) has broken any of the terms of this Agreement
then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force.
(Note: The Landlord cannot recover possession without an order of the court under the Housing Act 1988. Except in certain cases set out in the Act of substantial arrears of rent, the court has a discretion whether or not to make an order and is likely to take account of whether unpaid rent has later been paid or a breach of the terms of the tenancy has been made good.
Note: This does not affect the Tenant’s rights under the Protection from Eviction Act 1977.)
6. THE Landlord agrees with the Tenant ----
(1) That the Tenant has the right to possess and enjoy room 5 at the Property and the communal areas of the property during the tenancy without any interruption from the Landlord or any person claiming through or in trust for the Landlord. But:
(a) this clause does not limit any of the rights under this Agreement which the Tenant has agreed to allow the Landlord to exercise;
(b) this clause does not prevent the Landlord from taking lawful steps to enforce his rights against the Tenant if the Tenant breaks any of the terms of this Agreement
(2) To pay all charges in respect of the Property except those which by the terms of this Agreement the Tenant has expressly agreed to pay and to pay to the Tenant the amount of any such charge which another person has compelled the Tenant to pay.
(3) With regard to the break clause, after the initial three or six month period (to be chosen by the tenant(s) on the date of signature of this tenancy agreement) the tenant(s) must give the landlord one month’s prior written notice to quit the property. Failure to do so will result in the loss of any advance rent. The landlord must give the tenant(s) two months’ prior written notice to quit the property and regain possession, unless any of the tenancy agreement’s clauses and their paragraphs has been breached.
7. IF section 11 of the Landlord and Tenant Act 1985 applies to the tenancy, the Tenant’s obligations are subject to the effect of that section.
(Note: As a general rule, section 11 applies to tenancies of a dwelling-house for a term of less than seven years. It requires the landlord to keep in repair the structure and exterior of the dwelling-house including drains, gutters and external pipes; and to keep in repair and proper working order the installations for the supply of water, gas and electricity, for sanitation (including basins, sinks, baths and sanitary conveniences) and for space heating and heating water. The landlord is not obliged to repair until the tenant has given notice of the defect, and the tenant is obliged to take proper care of the Property and to do small jobs which a reasonable tenant would do.)
8. WHERE the context admits ---
(1) “The Landlord” includes the successors to the original landlord
(2) “The Tenant(s)” are only the original tenant(s)
(3) “The Property” includes any part of the Property, or Fixtures,
Furniture and Effects in room 2 and also the shared parts of the Property.
NOTICE OF THE LANDLORD’S ADDRESS
The Landlord notifies the Tenant(s) that the Tenant(s) may serve notices (including notices in proceedings) on the Landlord at the following address:
93 Crookhorn Lane, Waterlooville, Hants, PO7 5XL, Tel: 07787 126273.
(This notice is given under section 48 of the Landlord and Tenant Act 1987. The address must be in England or Wales.)
AS WITNESS the hands of the parties on the date specified above
SIGNED by the above-named:
in the presence of
in the presence of
DATED _12 March 2016______________________
Mrs S. O’Shea-Nathaniel
Ms Sameena Lumber Tribble
For letting Room __2___ at the furnished dwelling-house at
On an assured shorthold tenancy
Rent £ 495___________ pcm.
(2) has broken any of the terms of this Agreement
(Note: The Landlord cannot recover possession wi