Example Tenancy Agreement

 

 

Example of a Bills Included agreement.

(Bills Excluded agreement lower down the page)

 

 

 

Tenancy Agreement – England and Wales

(for a Furnished House on an Assured Shorthold Tenancy)

 

 

The Property:               XX XXXXXXXX Road, Durham City DH1 1XX

 

The Landlords: XXXX XXXXX                        

 

The Tenant(s):             ___________________________________________________

 

                                   ___________________________________________________

 

                                    ___________________________________________________

 

                                    ___________________________________________________

 

                                    ___________________________________________________

 

The Term:                   12 Months, beginning on 1st July 20XX, expiring on 30th June 20XX

 

The Rent:                    £ XXX per month, payable in advance on the 1st of each month

 

The Deposit:               £ XXX

 

The Inventory:            The list of the Landlords’ possessions at the property, which has been signed by

the Landlord and the tenant

 

 

Dated:                         _____________________

 

 

Signed by Landlords:   _____________________                  ____________________                                                                       

 

 

Signed by Tenant(s):    _____________________                  ____________________

 

 

                                    _____________________                  ____________________

 

 

                                    _____________________                  ____________________

 

 

This Tenancy Agreement comprises the particulars detailed above and the terms and conditions printed overleaf whereby the property is hereby let by the Landlords and taken by the Tenant for the term at the rent.

Terms and Conditions

1. This Agreement is intended to create an Assured Shorthold Tenancy as defined in the Housing Act 1988, as amended by the Housing Act 1996, and the provisions for the recovery of possession by the Landlord in that Act apply accordingly. The Tenant understands that the Landlord will be entitled to recover possession of the Property at the end of the Term.

2. The Tenant’s obligations:

2.1 To pay the Rent at the times and in the manner aforesaid.

2.2 To pay council tax should it be charged during the term of the contract.

2.3 To keep the items on the Inventory and the interior of the Property in a good and clean state and condition and not damage or injure the Property or the items on the Inventory (fair wear and tear excepted).

2.4 To clean the property thoroughly at the end of each academic term in order that the property may be inspected by the landlords, or their representative. 

2.5 To ensure that the property is kept in a clean and tidy state at the times when new tenants will be viewing properties and ensure the furniture is arranged to the Landlords’ specification (usually December to February, but to be advised by the Landlord). If this is not done the Landlord reserves the right to employ cleaners on the Tenant’s behalf (at reasonable cost) to ensure the condition of the property is acceptable for viewings.

2.6 To yield up the Property and the items on the Inventory at the end of the Term in the same clean state and condition it/they was/were in at the beginning of the Term (but the Tenant will not be responsible for fair wear and tear caused during normal use of the Property and the items on the Inventory.

2.7 Not make any alteration or addition to the Property nor without the Landlord’s prior written consent do any redecoration or painting of the Property.

2.8 Not do anything on or at the Property which:

(a) may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby premises

(b) is illegal or immoral

(c) may in any way affect the validity of the insurance of the Property and the items listed on the Inventory or cause an increase in the premium payable by the Landlord

(d) will cause any blockages in the drainage system and in the case of breach of this clause the Tenant to be responsible for the reasonable coat of such repair or other works which will be reasonably required.

2.9 Not without the Landlord’s prior consent allow or keep any pet or any kind of animal at the Property.

2.10 Not use or occupy the Property in any way whatsoever other than as a private residence.

2.11 To allow the Landlord or anyone with the Landlord’s written permission to enter the Property at reasonable times of the day to inspect its condition and state of repair, carry out any necessary repairs and gas inspections, or to show the Property to prospective new tenants, provided the Landlord has given at least 24 hours’ prior written notice (except in emergency).

2.12 To pay the Landlord’s reasonable costs reasonably incurred as a result of any breaches by the tenant of his obligations under this Agreement.

2.13 To pay interest at the rate of 4% above the Bank of England base rate from time to time prevailing on any rent or other money due from the Tenant under this Agreement which remains unpaid for more than 14 days, interest to be paid from the date the payment fell due until payment.

2.14 To provide the Landlord with a forwarding address when the tenancy comes to an end and to remove all rubbish and all personal items (including the Tenant’s own furniture and equipment) from the Property before leaving.

2.15 There shall be no smoking within the property by the tenant or his guests.

2.16 To notify the Landlord of any deterioration of the property or of the fixtures, fittings, furnishings and effects whatever may be the cause thereof.

3. The Landlord’s obligations:

The Landlord agrees that the Tenant may live in the Property without unreasonable interruption from the Landlord or any person rightfully claiming under or in trust for the Landlord.

3.1 To insure the Property and the items listed on the Inventory and use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as possible.

3.2 To keep in repair (where provided by the Landlord):

(a) the structure and exterior of the Property (including drains gutters and external pipes)

(b) the installations at the Property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences)

(c) the installations at the Property for space heating and heating water.

3.3 But the Landlord will not be required to carry out works for which the Tenant is responsible by virtue of his duty to use the Property in a tenant like manner.

3.4 To pay the following utility bills: electricity, gas, water and sewerage, television license, telephone connection and broadband.

4. Ending this Agreement

4.1 The tenancy is for a fixed period, as stated on page 1 of this agreement.

4.2 If at any time:

(a) any part of the Rent is outstanding for 21 days after becoming due (whether formally demanded or not) and/or

(b) there is any breach, non-observance or non-performance by the Tenant of any covenant or other term of this Agreement which has been notified in writing to the Tenant and the Tenant has failed within a reasonable period of time to remedy the breach and/or pay reasonable compensation to the Landlord for the breach and/or

(c) any of the grounds set out as Grounds 2, 8 or Grounds 10.15 (inclusive) (which relate to breach of any obligation by a Tenant) contained in the Housing Act 1988 Schedule 2 apply The Landlord may recover possession of the Property and this Agreement shall come to an end. The Landlord retains all his other rights in respect of the Tenant’s obligations under this Agreement Note that if possession of the Property has not been surrendered and anyone is living at the Property or if the tenancy is an Assured or Assured Shorthold Tenancy then the landlord must obtain a court order for possession before re-entering the Property. This clause does not affect the Tenant’s rights under the Protection from Eviction Act 1977.

5. The Deposit

5.1 The Landlord agrees that he shall register the deposit with one of the Government-authorised tenancy deposit protection schemes (‘the relevant scheme’) and shall inform the Tenant of the details of the relevant scheme and the procedures for recovery of the deposit at the end of the tenancy, including the procedures for resolving a dispute, within 14 days of receiving the deposit from the Tenant.

The Landlord shall also confirm to the Tenant the amount of deposit paid, the address of the property to which the tenancy relates, and the contact details of Landlord and Tenant. He shall inform the Tenant of the circumstances in which all or part 0 the deposit may be retained by the Landlord in relation to the terms of this tenancy agreement.

5.2 The Landlord agrees that as soon as practicable after the determination of the tenancy (howsoever the same may be determined) the Landlord shall account to the Tenant for such part of the deposit as the Landlord shall deem necessary to enable the Landlord as at the date of such determination to make good any breach or non-compliance by the tenant with his obligations hereunder and to pay all costs, charges and expenses incurred in connection therewith. The Landlord shall account to the Tenant for any balance of such sum. The Landlord shall follow the procedures of the relevant scheme to seek recovery of the deposit or to resolve a dispute over recovery of all or part of the deposit.

6. Other Provisions

6.1 The Landlord hereby notifies the Tenant under Section 48 of the Landlord & Tenant Act 1987 that any notices (including notices in proceedings) should be served upon the landlord at the address stated with the name of the Landlord overleaf.

6.2 The Landlord shall be entitled to have and retain keys for all the doors to the Property but shall not be entitled to use these to enter the Property without the consent of the Tenant (save in an emergency).

6.3 Any notices or other documents shall be deemed served on the Tenant during the tenancy by either being left at the Property or by being sent to the Tenant at the property by first class post. If notices or other documents are served on the Tenant by post they shall be deemed served on the day after posting.

6.4 Any person other than the Tenant who pays the rent due hereunder or any part thereof to the Landlord shall be deemed to have made such payment as agent for and on behalf of the Tenant which the Landlord shall be entitled to assume without enquiry.

6.5 Any personal items left behind at the end of the tenancy after the Tenant has vacated (which the Tenant has not removed in accordance with clause 2.15 above) shall be considered abandoned if they have not been removed within 3 days of the end of the tenancy. After this period the Landlords may remove or dispose of the items as he thinks fit. The Tenant shall be liable for the reasonable disposal costs incurred

6.6 Where the context so admits:

6.6.1 The ‘Landlords’ includes the persons from time to time entitled to receive the Rent

6.6.2 The ‘Tenant’ includes any persons deriving title under the Tenant

6.6.3 The ‘Property’ includes any part or parts of the Property and all of the Landlords’ fixtures and fittings at or upon the Property.

6.6.4 All references to the singular shall include the plural and versa and any obligations or liabilities of more than one person shall be joint and several (this means that they will each be liable for all sums due under this Agreement, not just liable for a proportional part) and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation.

 

6.6.5 All references to ‘he’, ‘him’ and ‘his’ shall be taken to include ‘she’, ‘her’ and ‘hers’.

 

 


 

 

Example of a Bills Excluded agreement:

 

 

Tenancy Agreement – England and Wales

(for a Furnished House on an Assured Shorthold Tenancy)

 

 

The Property:              XXXXXX Road, Durham City. DH1 1XX.

 

The Landlords:         XXXX

 

 

The Tenant(s):             ___________________________________________________

 

                                    ___________________________________________________

 

                                    ___________________________________________________

 

                                    ___________________________________________________

 

                                    ___________________________________________________

 

The Term:                   12 Months, beginning on 1st July 20XX, expiring on 30th June 20XX

 

The Rent:                    £ XXX per month, payable in advance on the 1st of each month

 

The Deposit:               £ XXX

 

The Inventory:            The list of the Landlords’ possessions at the property, which has been signed by the Landlord and the tenant

 

 

Dated:                         _____________________

 

 

Signed by Landlords:   _____________________                  ____________________                                    

 

Signed by Tenant(s):    _____________________                  ____________________

 

 

                                    _____________________                  ____________________

 

 

                                    _____________________                  ____________________

 

 

This Tenancy Agreement comprises the particulars detailed above and the terms and conditions printed overleaf whereby the property is hereby let by the Landlords and taken by the Tenant for the term at the rent.

Terms and Conditions

1. This Agreement is intended to create an Assured Shorthold Tenancy as defined in the Housing Act 1988, as amended by the Housing Act 1996, and the provisions for the recovery of possession by the Landlord in that Act apply accordingly. The Tenant understands that the Landlord will be entitled to recover possession of the Property at the end of the Term.

2. The Tenant’s obligations:

2.1 To pay the Rent at the times and in the manner aforesaid.

2.2 To pay all charges including: electricity, gas, water and sewerage, television license, or any similar property tax that might be charged in addition to or replacement of it during the term.

2.3 To keep the items on the Inventory and the interior of the Property in a good and clean state and condition and not damage or injure the Property or the items on the Inventory (fair wear and tear excepted).

2.4 To clean the property thoroughly at the end of each academic term in order that the property may be inspected by the landlords, or their representative. 

2.5 To ensure that the property is kept in a clean and tidy state at the times when new tenants will be viewing properties and ensure the furniture is arranged to the Landlords’ specification (usually December to February, but to be advised by the Landlord). If this is not done the Landlord reserves the right to employ cleaners on the Tenant’s behalf (at reasonable cost) to ensure the condition of the property is acceptable for viewings.

2.6 To yield up the Property and the items on the Inventory at the end of the Term in the same clean state and condition it/they was/were in at the beginning of the Term (but the Tenant will not be responsible for fair wear and tear caused during normal use of the Property and the items on the Inventory.

2.7 Not make any alteration or addition to the Property nor without the Landlord’s prior written consent do any redecoration or painting of the Property.

2.8 Not do anything on or at the Property which:

(a) may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby premises

(b) is illegal or immoral

(c) may in any way affect the validity of the insurance of the Property and the items listed on the Inventory or cause an increase in the premium payable by the Landlord

(d) will cause any blockages in the drainage system and in the case of breach of this clause the Tenant to be responsible for the reasonable coat of such repair or other works which will be reasonably required.

2.9 Not without the Landlord’s prior consent allow or keep any pet or any kind of animal at the Property.

2.10 Not use or occupy the Property in any way whatsoever other than as a private residence.

2.11 To allow the Landlord or anyone with the Landlord’s written permission to enter the Property at reasonable times of the day to inspect its condition and state of repair, carry out any necessary repairs and gas inspections, or to show the Property to prospective new tenants, provided the Landlord has given at least 24 hours’ prior written notice (except in emergency).

2.12 To pay the Landlord’s reasonable costs reasonably incurred as a result of any breaches by the tenant of his obligations under this Agreement.

2.13 To pay interest at the rate of 4% above the Bank of England base rate from time to time prevailing on any rent or other money due from the Tenant under this Agreement which remains unpaid for more than 14 days, interest to be paid from the date the payment fell due until payment.

2.14 To provide the Landlord with a forwarding address when the tenancy comes to an end and to remove all rubbish and all personal items (including the Tenant’s own furniture and equipment) from the Property before leaving.

2.15 There shall be no smoking within the property by the tenant or his guests.

2.16 To notify the Landlord of any deterioration of the property or of the fixtures, fittings, furnishings and effects whatever may be the cause thereof.

3. The Landlord’s obligations:

The Landlord agrees that the Tenant may live in the Property without unreasonable interruption from the Landlord or any person rightfully claiming under or in trust for the Landlord.

3.1 To insure the Property and the items listed on the Inventory and use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as possible.

3.2 To keep in repair (where provided by the Landlord):

(a) the structure and exterior of the Property (including drains gutters and external pipes)

(b) the installations at the Property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences)

(c) the installations at the Property for space heating and heating water.

3.3 But the Landlord will not be required to carry out works for which the Tenant is responsible by virtue of his duty to use the Property in a tenant like manner.

4. Ending this Agreement

4.1 The tenancy is for a fixed period, as stated on page 1 of this agreement.

4.2 If at any time:

(a) any part of the Rent is outstanding for 21 days after becoming due (whether formally demanded or not) and/or

(b) there is any breach, non-observance or non-performance by the Tenant of any covenant or other term of this Agreement which has been notified in writing to the Tenant and the Tenant has failed within a reasonable period of time to remedy the breach and/or pay reasonable compensation to the Landlord for the breach and/or

(c) any of the grounds set out as Grounds 2, 8 or Grounds 10.15 (inclusive) (which relate to breach of any obligation by a Tenant) contained in the Housing Act 1988 Schedule 2 apply The Landlord may recover possession of the Property and this Agreement shall come to an end. The Landlord retains all his other rights in respect of the Tenant’s obligations under this Agreement Note that if possession of the Property has not been surrendered and anyone is living at the Property or if the tenancy is an Assured or Assured Shorthold Tenancy then the landlord must obtain a court order for possession before re-entering the Property. This clause does not affect the Tenant’s rights under the Protection from Eviction Act 1977.

5. The Deposit

5.1 The Landlord agrees that he shall register the deposit with one of the Government-authorised tenancy deposit protection schemes (‘the relevant scheme’) and shall inform the Tenant of the details of the relevant scheme and the procedures for recovery of the deposit at the end of the tenancy, including the procedures for resolving a dispute, within 14 days of receiving the deposit from the Tenant.

The Landlord shall also confirm to the Tenant the amount of deposit paid, the address of the property to which the tenancy relates, and the contact details of Landlord and Tenant. He shall inform the Tenant of the circumstances in which all or part 0 the deposit may be retained by the Landlord in relation to the terms of this tenancy agreement.

5.2 The Landlord agrees that as soon as practicable after the determination of the tenancy (howsoever the same may be determined) the Landlord shall account to the Tenant for such part of the deposit as the Landlord shall deem necessary to enable the Landlord as at the date of such determination to make good any breach or non-compliance by the tenant with his obligations hereunder and to pay all costs, charges and expenses incurred in connection therewith. The Landlord shall account to the Tenant for any balance of such sum. The Landlord shall follow the procedures of the relevant scheme to seek recovery of the deposit or to resolve a dispute over recovery of all or part of the deposit.

6. Other Provisions

6.1 The Landlord hereby notifies the Tenant under Section 48 of the Landlord & Tenant Act 1987 that any notices (including notices in proceedings) should be served upon the landlord at the address stated with the name of the Landlord overleaf.

6.2 The Landlord shall be entitled to have and retain keys for all the doors to the Property but shall not be entitled to use these to enter the Property without the consent of the Tenant (save in an emergency).

6.3 Any notices or other documents shall be deemed served on the Tenant during the tenancy by either being left at the Property or by being sent to the Tenant at the property by first class post. If notices or other documents are served on the Tenant by post they shall be deemed served on the day after posting.

6.4 Any person other than the Tenant who pays the rent due hereunder or any part thereof to the Landlord shall be deemed to have made such payment as agent for and on behalf of the Tenant which the Landlord shall be entitled to assume without enquiry.

6.5 Any personal items left behind at the end of the tenancy after the Tenant has vacated (which the Tenant has not removed in accordance with clause 2.15 above) shall be considered abandoned if they have not been removed within 3 days of the end of the tenancy. After this period the Landlords may remove or dispose of the items as he thinks fit. The Tenant shall be liable for the reasonable disposal costs incurred

6.6 Where the context so admits:

6.6.1 The ‘Landlords’ includes the persons from time to time entitled to receive the Rent

6.6.2 The ‘Tenant’ includes any persons deriving title under the Tenant

6.6.3 The ‘Property’ includes any part or parts of the Property and all of the Landlords’ fixtures and fittings at or upon the Property.

6.6.4 All references to the singular shall include the plural and versa and any obligations or liabilities of more than one person shall be joint and several (this means that they will each be liable for all sums due under this Agreement, not just liable for a proportional part) and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation.

6.6.5 All references to ‘he’, ‘him’ and ‘his’ shall be taken to include ‘she’, ‘her’ and ‘hers’.