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					TENANCY AGREEMENT For letting furnished Property on an assured shorthold tenancy under Part 1 of the Housing Act 1988
THIS AGREEMENT is made on the BETWEEN

referred to as “the Landlord”) which expression includes successors in title of the Landlord and any other person entitled to the reversion expectant on the determination of the tenancy hereby created). The Landlord hereby notifies the tenant pursuant to section 48 of the Landlord and Tenant Act 1987 that the address at which notices (including notices of proceedings) can be served upon the Landlord is, Pickerings, 16 St Annes Road, Headingley, Leeds 6 (hereinafter referred to as “the Landlord‟s Agent”). AND (Responsible Person)
(hereinafter

(hereinafter referred to as “the Tenant” which expression includes persons to whom title has been lawfully transmitted. Where more than one person is named as the Tenant the liability of those persons shall be joint and several. The first named of the Tenant will be the “Responsible Person” (see para. 8) WHEREBY IT IS AGREED as follows: 1. The Landlord lets and the Tenant takes the premises known as (hereinafter referred to as “the Property”) AND ALSO TOGETHER WITH the fixtures, fittings and effects therein for a fixed term of 12 Months From 1st July 2009 to and including the day of 30th June 2010 Expiry date is 30th June 2010 At the rent of £Per CONTRACT Quarterly payments of £are due by standing order from all the named tenants as following on the: 20/06/2009 01/10/2009 01/01/2010 01/04/2010 The Property does not include any parts which are not habitable. The Landlord will allow the Tenant unrestricted right of way over such parts provided the Tenant keeps them clean and free of rubbish. 2. This Agreement creates an assured shorthold tenancy as defined by Section 19a of the Housing Act 1988. The provisions for the recovery of possession by the Landlord in Sections 21 thereof apply accordingly. Section 196 of the Law of Property Act 1925 shall apply to the service of any notice under this agreement or under any statutory enactment relating to the tenancy 3. The Tenant agrees: 3.1 To pay the rent on the days and in the manner specified. 3.2 To accept that the Landlord‟s agent may make a charge of £23.50 on every occasion that a cheque or standing order is unpaid by the tenants bank. 3.3 To accept that the Landlord‟s agent may make a charge of £11.75 for each letter written to the Tenant specifying any breach of the terms of this agreement. 1

The Deposit To pay to the Landlord upon the date hereof a deposit of £300 to be held by the Landlord‟s agent who is a member of the tenancy deposit scheme, and used against dilapidations, cleaning or other claims to include legal and reasonable costs if necessary to compensate the landlord or otherwise to be returned in full following the end of the tenancy but without interest thereon. 3.4 To provide upon the date hereof post-dated cheques as requested by the Landlord or the Landlord‟s agent the amounts to be determined by the rent and payment frequency detailed above. 3.5 To pay all of the electricity, gas, water and telephone charges which shall be consumed or supplied on or to the Property during the tenancy including any standing charges and to pay for any council tax, or other outgoings of a like nature relating to the Tenants occupation of the Property. Agree to notify each utility company of the change of tenancy at the commencement and the end of the contract. 3.6 To permit the managing agent to register the named tenants with Scottish & Southern Energy as their chosen gas and electricity suppliers. 3.7 To accept that this property is a non-smoking property, unless otherwise agreed with the landlord. Damages or cleaning requirements as a result of smoking may be charged to the deposit held. 3.8 Not damage or injure the Property or make any alteration or addition to it. Preserve the Fixtures, Furniture and Effects from being destroyed or damaged and not remove any of them from the Property or store them in the basement of the Property. 3.9 To accept that the Landlord will maintain, but not make any material improvements or additions to the Property subsequent to the signing of this agreement that have not been agreed in writing prior to the signing of this agreement and that the keys to the Property will not be available before 11am on the first day of the tenancy. Agree that it is the responsibility of the tenant to establish with the existing tenant if any furniture, equipment of effects in the Property at the time of viewing will be removed by the existing tenant at the end of their tenancy and accept that the Landlord has no responsibility to replace any furniture, equipment or effects that may have been removed lawfully by the existing tenant. 3.10To yield up the Property at the end of the tenancy in the same clean state and condition as it was at the beginning of the tenancy. Pay for the repair of or replace all such items of the Fixture, Furniture or Effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and tear accepted). Return the keys to the Landlord‟s agent before 13.00 hours on the last day of the tenancy. 3.11To leave the Furniture and Effects at the end of the tenancy in the rooms or places in which they were at the beginning of the tenancy. 3.12To pay for the cleaning of all carpets, washing & ironing or pressing of all linen, counterpanes, blankets and curtains which shall have been stored by the tenancy. 3.13To pay for all damage to the Property including accidental damage caused by the Tenant or the Tenant‟s guests and damage caused by anybody including intruders due to the forcing open of locked internal doors. 3.14Not to assign, sublet or part with possession of or charge the Property or any part of it or share occupation of all or any part of the Property. 3.15Not to carry on in the Property any profession, trade or business, or let apartments or receive paying guests at the Property and will not place or exhibit any notice board or notice on the Property or use the Property for any other purpose than that of a strictly private residence for the occupation solely of the tenant. 3.16Not to do or suffer to be done in the Property anything which may (I) be or become a nuisance or annoyance to: - the Landlord, the Landlord‟s Agent, other parties to this tenancy, the Tenant or occupiers of any adjoining or neighbouring premises. (II) Invalidate any insurance against fire or increase the ordinary premium for such insurance. (III) Be illegal or immoral. 3.17Not to decorate, fit locks, or modify any part of the Property or to interfere with the water gas or electrical systems without the Landlords written permission. Accept that if the tenant requires an internal door lock to be fitted and is given permission to do so that this must be done by a tradesman appointed by the Landlord or Landlord‟s Agent and that the cost of this lock and the fitting must be paid by the Tenant and a copy of the key given to the Landlord or Landlord‟s Agent. 3.18To keep the rooms, windows, furniture and effects clean or to pay to have the Property cleaned if necessary and agree that if 7 days after receiving a written warning that the Landlord is not satisfied with 2

the cleanliness of the Property that the Landlord may employ professional cleaners to clean the Property to their required standard and that the Tenant will pay for this cleaning. 3.19To keep any outside grounds of the Property clear of litter and rubbish arising from any source or to pay to have this rubbish cleared. Clear or pay for the cost of clearing all blockages and stoppages to any sink, bath, shower, w.c or other waste serving the Property if the blockage can reasonably be attributed to tenant misuse. 3.20To heat and air the Property as required to prevent freezing and condensation occurring. Agree to switch off the water at the main stop tap if the Property is left empty for more than 48 hours. Pay for damage caused by condensation if such damage can reasonably be attributed to tenant misuse. 3.21To accept the Property as seen by the tenant prior to the signing of this contract including all security devices and will inform the Landlords agent on each occasion that any alarm code on the Property is changed within 24 hours of this change taking place. 3.22Not to keep any animals at the Property and agree that liquidated charges of £100 (being a genuine preestimate of the loss) will be paid to the Landlord for each occasion that an animal is known to have been in the Property. 3.23To permit the Landlord or the Landlord‟s agent at all reasonable hours to enter the Property for the purposes of inspection, making repairs or carrying out any work required by the law, showing the Property to prospective tenants or buyers and also allow the Landlord to exhibit a To Let or a For Sale board on the Property. The tenants should be prepared to show prospective tenants around the property at times agreed by both parties or allow the Landlord‟s Agent to do so with prior notice. 3.24To inform the Landlord or Landlord‟s Agent immediately of any repairs needed particularly those where lack of attention will cause further damage to the Property. 3.25To be responsible for the removal or control of any rodents or general infestation which affect the Property during the tenancy if such infestation can be reasonably attributed to lack of care and/ or the state of cleanliness of the Property. 3.26To accept that the Landlord has no responsibility for any loss of or damage to the Tenants Property. 3.27To use the Property in a manner similar to a family i.e. to prepare and eat food together, to share fuel and telephone bills, to institute a cleaning rota and to entertain visitors in the manner of a family. 3.28To accept responsibility for the replacement of consumables (e.g. Light bulbs, fluorescent lighting strips, Hoover belts and bags, cleaning materials etc) 3.29To allow any cleaning, maintenance, improvement or replacement of furniture to be carried out to the Property or in respect of adjoining properties without penalty to the Landlord. 3.30To accept that no additional upholstered furniture may be brought into the Property without the Landlords written permission. 3.31Not to use any form of Calor Gas or liquid petroleum gas heater within the Property. 3.32Not to erect any wireless, satellite dish or television aerial at the Property without the consent of the Landlord. 3.33To keep the Property secured against theft or illegal entry and to activate the burglar alarm (if any) whilst the Property is unoccupied. 3.34To allow a period of two weeks without penalty to the Landlord from the date the Tenant collects the keys to the Property for the Landlord or Landlords agent to respond to and rectify any such reasonable requests as may be made by the Tenant to clean, furnish or repair the Property in order to move in. Such requests must be made to the Landlords agent within 48 hours of the keys being collected otherwise the Tenant will be deemed to have received the Property in an acceptable condition. 3.35To pay all expenses (including Solicitors and Surveyor‟s fees) which the Landlord incurs in preparing or serving any notice relating to this Agreement or the tenancy including a notice under Section 146 of the Law of Property Act 1925 (even if forfeiture is avoided without a Court Order) or in preparing and serving a Schedule of dilapidations recording failure to give up possession of the Property in the appropriate state of repair when this Agreement ends or in recovery of arrears of rent or in enforcing any obligations on the Part of the Tenant. 4. PROVIDED that if the Rent or any instalment or part thereof shall be in arrears for at least fourteen days after the same shall have become due (whether legally demanded or not) or if there shall be a breach of 3

any of the agreements by the tenant the Landlord may re-enter the Property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the Landlord. 5. THE LANDLORD agrees with the tenant: 5.1 That the Tenant paying the rent and performing the agreements on the part of the Tenant may quietly possess and enjoy the Property during the tenancy without any lawful interruption from the Landlord 5.2 To insure the building against fire and natural perils. To return to the Tenant any rent payable for any period while the Property is rendered uninhabitable by accidental fire, the amount in case of dispute to be settled by arbitration. 5.3THIS Agreement shall take effect subject to the provisions of Section 11 of the Landlord and Tenant Act 1985 if applicable to the tenancy with the following exclusions 5.4If central heating is provided, other gas fires and electric heaters in the Property will be disconnected 5.5 Where there is a Washing Machine, Tumble Dryer, Television, Video Recorder or other similar domestic appliance in the Property at the start of the tenancy the Landlord reserves the right to maintain such appliances at his/her discretion (all appliances will be tested for safety prior to the start of the agreement). At the end of the Tenancy The deposit will be released following the procedures set out in clauses 6-6.7 of this agreement deductions may be made from the deposit according to clauses 3.4, 3.6, 3.9, 3.11-3.12, 3.17-3.19, 3.27, 6-6.7 of this agreement. No deductions can be made from the deposit without written consent from both parties to the tenancy agreement. 6. THE Landlord acknowledges the receipt from the Tenant of a deposit as detailed in 3.4 above and agrees to repay the deposit to the Tenant without interest at the end of the term after deducting all arrears of rent and other sums which may then be due from the Tenant to the Landlord as a result of any breach by the tenant of any of the tenant‟s obligations under this agreement. The Tenant acknowledges and confirms that he/she is not entitled to repayment of the deposit or any part of it until possession shall be yielded up to the Landlord and until the terms of this agreement have been complied with. THE TENANT AGREES THAT BEFORE THE BOND IS RETURNED TO ANY TENANT, THE FOLLOWING CONDITIONS MUST BE MET IN FULL: 6.1 All rents for the house are to be paid in full up to the day that the contract expires. Deposits cannot be used by the Tenant in lieu of rent. 6.2 All keys are returned directly to the Landlord or Landlord‟s agent on or before 13:00 hours on the last day of the contract and not handed directly to the new occupants. In the event of a full set of keys not being returned in the manner specified it will be necessary to charge for replacement locks and keys. 6.3 The house is thoroughly cleaned throughout. All carpets are vacuumed or brushed; lino areas mopped or scrubbed; walls, doors and skirting boards are washed down with a mild detergent; all kitchen cupboards and work surfaces are to be cleared and cleaned; cookers and fridges are cleaned inside, outside and underneath; bath, shower and sink units are to be left descaled and clean. Toilets are to be cleaned and bleached. 6.4 All personal effects are removed from the house and all rubbish including foodstuffs, bottles, newspapers, magazines and unwanted clothing is to be bagged and removed from the Property. Bin areas are to be left in a clean and tidy state. Any rubbish left in a manner unacceptable for collection by the local authority will be removed by the Landlord or Landlord‟s agent and the cost of removal deducted from the bond. 6.5 It is the tenants‟ responsibility to ensure final readings (not estimated readings) re taken by the gas, electric and water (where applicable) and telephone companies on the last day of the contract. All bills receipted as paid, together with proof of payment or exemption for Council Tax must then be delivered or posted to the Landlord or Landlord‟s agent together with the deposit return form supplied by the Landlord‟s agent separately or without the deposit return form. 6.6 Rental equipment such as TV‟s, videos, washing machines are returned to their owners and any outstanding rental charges paid. 6.7 There is no damage to the Property or its furnishings (other than fair wear and tear). NB All rooms within the Property are the joint responsibility of all parties to the tenancy. Any deductions from the deposit will be on a joint basis. Deposit returns will be considerably delayed if remedial work is required to the Property. 6.8 The agent/member must tell the tenant within 30 working days of the end of the tenancy if they propose 4

to make any deductions from the deposit 6.9 If there is no dispute the member/agent will keep or repay the deposit, according to the agreed deductions and the conditions of the tenancy agreement. Payment of the deposit or any balance of it will be made within 10 working days of the landlord and the tenant agreeing the allocation of the deposit 6.10the tenant should try to inform the member/agent in writing if the tenant intends to dispute any of the deductions regarded by the Landlord or the Agent as due from the deposit within 20 working days after the termination or earlier ending of the tenancy and the tenant vacating the property. The independent case examiner (ICE) may regard failure to comply with the time limit as a breach of the rules of TDS and if the ICE is later asked to resolve any dispute may refuse to adjudicate in the matter. 6.11if, after 10 working days following notification of a dispute to the Agent/Member and reasonable attempts having been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the landlord and the tenant over the allocation of the deposit the dispute will (subject to 6.12 below) be submitted to the ICE for adjudication. All parties agree to cooperate with the adjudication 6.12the statutory rights of the landlord and the tenant to take legal action through the County Court remain unaffected by clauses 6 – 6.11 above. the procedure for instigating a dispute regarding deductions from the deposit at the end of the tenancy is summarised in what is the tenancy deposit scheme?, which is attached to this document. More detailed information is available on: www.thedisputeservice.co.uk TDS are specifically excluded under statutory instrument from adjudicating where, despite making reasonable efforts to do so, the landlord or the agent are unable to contact the tenant, or the tenant is unable to contact the landlord or the agent. Under these circumstances, the member must do the following  make every practical effort, over a reasonable period of time but for no longer than it would take for the ICE to resolve a dispute, to contact the (ex)-tenant/landlord using information readily available  determine dilapidations, rent arrears and any other prospective deductions from the deposit as they would normally do  allocate the deposit, pay the party who is present as appropriate, and transfer the amount due to the absent tenant/landlord to a suitably designated “client suspense (bank) account” A formal record of these activities should be made, supported by appropriate documentation. Following sufficient time (usually at least six years) having elapsed from the last contact from the absent tenant/landlord the member may then donate the amount allocated to them to a suitable registered charity; subject to an undertaking that any valid claim subsequently received by the member from the beneficial or legal owner would be immediately met by the member from its own resources Should the absent tenant/landlord return within that period and seek to dispute the allocation of the deposit, the ICE may offer to adjudicate. 7. The tenant agrees that one person will be nominated as the ‘Responsible Person’. This person will be the first named person under tenant at the start of this agreement and will be 7.1 The receiver of any money that Landlord is required to pay to the Tenant (including the full remainder of the bond) under the terms of this agreement. 7.2 If the tenants request to change the responsible person during the tenancy in order for the bond to be returned to a different named tenant, or for the bond to be returned individually, each named tenant must but the request in writing to the office, and pay a fee of £25.00 per tenant which will be deducted from the deposit held. 7.3 „The Occupier‟ for Council Tax, gas, electric and water purposes. 7.4 The only person who will communicate with the Landlord‟s agent on behalf of the tenant. 7.5 The only person who may report repairs or who may make any other requests regarding the Property to the Landlord or the Landlord‟s agent. 7.6 The Responsible Person confirms receipt of a Bond Certificate and explanatory leaflet. 7.7 The Responsible Person or the Tenant(s) collecting the keys to the property has been given Tenant information pack, Tenant Check In Inventory and emergency contact details. 7.8 The tenant agrees to return the Check In Inventory within 7 days of collecting the keys. If the Inventory is not returned within this period the tenants mat have difficulty disputing any bond deductions at the end of 5

this tenancy. It is recommended that tenants take a copy of the check in inventory and keep it as proof that they have completed and returned the document to the Agent. 7.9 The tenant agrees to advise Pickerings of their contact address on expiry of this tenancy (blue deposit return form). What is the Tenancy Deposit Scheme? In the private sector many tenants give their landlords a deposit against possible non-payment of rent, or damage to property. When a tenancy comes to an end, there is usually no disagreement about the return of the deposit. But sometimes there is, and this can cause much hardship, delay and inconvenience to landlords, tenants and Members. The Housing Act 2004 (“the Act”) requires anyone – landlord or agent – who accepts a deposit for an Assured Shorthold Tenancy (AST) to belong to a designated scheme to protect it. The scheme must also provide a resolution service should a dispute arise about the allocation of the deposit on expiry of the tenancy. The majority of private tenancies are ASTs. The Tenancy Deposit Scheme (TDS) is a designated scheme under the Act. It is designed to ensure that tenancy deposits are securely held, and that disputes about their return are resolved quickly, cheaply and fairly. TDS is based on the pilot Tenancy Deposit Scheme run by Independent Housing Ombudsman Limited on behalf of the Office of the Deputy Prime Minister from 2000 – 2003; and on the Tenancy Deposit Scheme for Regulated Agents, which replaced it. TDS is managed by The Dispute Service Ltd, a company limited byguarantee. Deposits held by Scheme Members and covered by TDS are protected during the tenancy so that they are available to be returned to the tenants if they have met the terms of the tenancy agreement. Where there is no dispute at the end of the tenancy, Scheme Members undertake to return the deposit promptly. Where there is a dispute about the allocation of the deposit and it cannot be resolved after negotiation, the Member will transfer the disputed deposit and submit appropriate documentation to The Dispute Service. The matter will be dealt with by the Independent Case Examiner (ICE) fairly, quickly and impartially. He will apportion the disputed amount and pay it to the parties on the basis of his adjudication. The Dispute Service maintains a cash reserve so that if the Member fails to transfer the deposit within the prescribed timescale, the ICE will still adjudicate the dispute. He will draw on the reserve to pay out the deposit. The Dispute Service has arranged an insurance policy underwritten by Norwich Union and Royal & Sun Alliance Insurance to provide indemnity for deposits which are not paid over to TDS by Members. The company will also pursue the Member to recover outstanding sums and will take legal action when necessary This document sets out the Member‟s obligations under the rules and procedures of TDS. It does not apply to other schemes which have been authorized for the protection of deposits. A summary of landlords‟ obligations concerning tenancy deposits is at Appendix 1. Appendix 1 Summary of Landlords‟ obligations concerning tenancy deposits The provisions in the housing act 2004 make it a requirement that any landlord who wishes to take a monetary deposit must safeguard that deposit with a tenancy deposit scheme. The provisions only apply to deposits taken in relation to assured shorthold tenancies, the most common form of new tenancy, and has two main aims 1) To safeguard tenancy deposits; and 2) Facilitate the resolution of disputes arising in connection with such deposits There will be civil sanctions against non-complying landlords. A landlord (or the person who takes the deposit on behalf of the landlord) must ensure that a deposit is safeguarded by ensuring that it is dealt with in accordance with an authorized scheme. 6

The holder of the deposit will register the deposit with and provide other required information to the Tenancy Deposit Scheme within 14 days of the commencement of the tenancy or the taking of the deposit whichever is earlier and provide proof to the tenant of compliance. If the holder of the deposit fails to provide proof within 14 days the tenant should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or other housing advisory If the landlord fails to comply with any of these requirements, he will lose the right to serve a tenant with a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988 for recovery of possession on termination of the shorthold tenancy until such time as the requirements are complied with. The tenant can apply for a court order requiring the deposit to be safeguarded or the prescribed information to be given to him. Where the court is satisfied that the landlord has failed to comply with these requirements, or is not satisfied that the deposit is being held in accordance with an authorized scheme, then the court must, as it thinks fit, either order the landlord within 14 days of the making of the order to repay the deposit or order him to pay it into the designated account held by the scheme administrator under an authorized scheme. The court must also order the landlord to pay to the tenant (or person who paid the deposit on his behalf) an amount equivalent to three times the deposit amount within 14 days of the making of the order Details of the Deposit Holder Pickerings 16 St Annes Road Headingley Leeds LS6 3NX info@pickeringhomes.com Tel: 0113 274 6746 Fax: 0113 278 0251

The deposit is safeguarded by the tenancy deposit scheme, which is administered by The Dispute Service LTD PO Box 1255 Hemel Hempstead Herts HP1 9GN Telephone: 0845 226 7837 Fax: 01494 431 123 Email: deposits@tds.gb.com Website: www.thedisputeservice.co.uk Our membership number is:G0 2113 The dispute service Ltd also offers a service for enabling a dispute relating to the deposit to be resolved without having to go to court The landlord confirms that the information provided to the Agent and the tenant is accurate to the best of his knowledge and belief and the tenant has had the opportunity to examine the information. The tenant confirms he has been given the opportunity to examine this information. The tenant confirms by 7

signing this document that to the knowledge of the tenant the information above is accurate to the best of his knowledge and belief. Signed by (or on behalf of) the Landlord ____________________________ Dated ________________________________________________________ Signed by the Tenant__________________________________________
_____________________________________________________________ ____________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________ _______________Dated______________________

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