Northern Ireland Secure Tenancy Agreement

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Northern Ireland Secure Tenancy Agreement Powered By Docstoc
					                             SECURE TENANCY AGREEMENT
THIS TENANCY AGREEMENT is made by and between:

                               [NAME OF HOUSING ASSOCIATION]
                                    [address of Association]
                                     (the “Association”)

                                              - and -

                                      [NAME(S) OF TENANT(S)[
        [IF MORE THAN ONE, THE NAMES OF ALL TENANTS MUST BE LISTED HERE]
                                             (the “Tenant”)
         (In the case of Joint Tenants, the term “Tenant” shall apply to each of them. Each
              Tenant individually has the full responsibilities and rights set out in this
                                              Agreement.)


IN RESPECT OF the property located at ____________________________ [insert full address of
premises] (the “Premises”).

The Tenancy commences on ____________________ [insert date] and is a secure tenancy, the terms of
which are set out in this Agreement.


                                       SECTION 1 - RENT
In this Agreement, the term “Rent” refers to the sum of the basic rent, rates and service charge(s) set
out below or as varied from time to time, in accordance with this Agreement. Rent is to be paid
________ [weekly / monthly] and is due on the ______ day of each _______ [week / month].

The Association is registered with the Department for Social Development, Registration No. _______,
and is subject to any guidance on housing management practice issued by the Department. This
Tenancy is one to which the Tenants’ Guarantee applies.

IT IS AGREED BY THE PARTIES AS FOLLOWS:

1.      Rent Payments
The [weekly / monthly] Rent payments for the Premises at the date of this Agreement shall be:

        Basic Rent:                                                              £
        Rates:                                                                   £
        Services Charges:                                                        £

        TOTAL PAYABLE:                                                           £

2.      Service Charge
The Association shall provide the following services for the benefit of the Premises, for which the
Tenant shall pay the service charge:

        [List services]

The Association will endeavour to give at least four (4) weeks notice of an increase in the Service
Charge, but is not required to do so.
                                                   -2-



3.      Changes in Basic Rent
The Association may vary the basic rent payable for the Premises by giving the Tenant not less than
four (4) weeks notice in writing of such change. The basic rent set out in paragraph 1 will not be
varied prior to __________________[insert date]. After this date, increases in basic rent will not take
place more frequently than annually unless the Department for Social Development directs the
Association.

4.      Changes in Rates
If rates are collected with Rent, the Association will endeavour to give reasonable notice of any
variation but is not required to do so.


                           SECTION 2 - REPAIR OBLIGATIONS
5.      Repairs for Which Association is Responsible
Subject to paragraphs 6 and 7, the Association shall:

(a)     keep in good repair the structure and exterior of the Premises including:

        (i)      steps, walkways, walls, fences, gates and garden paths;
        (ii)     exterior walls and wall decoration, ironwork, woodwork, roofs, chimneys, valleys,
                 chimney stacks and flues;
        (iii)    gutters, external pipes, drains and sewers;
        (iv)     exterior and interior doors, door frames, hinges, locks, handles, saddles and letter
                 boxes;
        (v)      windows, window frames, sashes, catches, sash cords and sills;
        (vi)     plasterwork;
        (vii)    interior walls, ceilings, floors, floor coverings, wall tiles, staircases and skirting
                 boards;
        (viii)   decoration of exterior walls, ironwork, and woodwork, to be carried out
                 approximately every five (5) years;

(b)     keep in good repair and proper working order any installations provided by the Association
        for space heating, water heating and sanitation and for the supply of water, gas, oil and
        electricity, including:

        (i)      basins, sinks, baths, showers, toilets, flushing systems and waste pipes;
        (ii)     electrical installation including wiring, sockets, switches, ceiling roses, lamp holders,
                 electrical appliances, fires, heaters and door entry, emergency call and fire alarm
                 systems;
        (iii)    water heaters, hot water cylinders, water storage tanks, boilers, fireplaces, central
                 heating installations, coal bunkers, oil and gas tanks;

(c)     abide by the policy below for the following items:

        (i)      where refuse bins are required at the Premises, the Association will ensure only that
                 there is an appropriate bin in working order at the start of the Tenancy and accepts
                 no responsibility thereafter;

        (ii)     where a rotary clothes dryer is required at the Premises, the Association will only
                 ensure that there is an appropriate rotary dryer at the start of the Tenancy and
                 accepts no responsibility thereafter;

(d)     take reasonable care to keep common parts such as paths, entrances, halls, stairways, lifts,
        passageways, bins and bin areas, car parks, gardens, laundries and common rooms in
                                                   -3-


        reasonable repair and fit for use by the Tenant, other occupiers and visitors to the Premises.
        Redecoration will normally be carried out at intervals of approximately five (5) years.

6.      Repairs for Which Tenant is Responsible
The Tenant shall be responsible for the following:

(a)     repairs to electrical appliances, fires, heaters and light fittings not installed by the Association
        or not accepted by the Association for maintenance under Section 8(b);

(b)     fuses, except for main fuses which are the responsibility of the Electricity Authority;

(c)     electrical plugs, light bulbs, fluorescent tubes and starters;

(d)     frets and baskets to open fires and glass panels on room heaters;

(e)     keeping the interior of the Premises in clean, sanitary and tenantable condition;

(f)     maintenance and upkeep of gardens and hedges;

(g)     cleaning gully traps outside and wastes at sinks, basins and baths;

(h)     replacing lost, worn or damaged stoppers and chains for baths, sinks and basins, and seats
        and fittings for WCs;

(i)     replacing broken glass in windows and doors;

(j)     curtains, curtain rails and coat hooks;

(k)     minor repairs and maintenance of windows, kitchen units, other units, furniture (if provided
        by Association), interior and exterior door hinges, locks and handles;

(l)     sweeping chimneys and payment of any costs incurred because of Tenant’s failure to sweep
        chimneys;

(m)     minor interior plaster cracks;

(n)     cleaning and maintenance of appliances supplied by Association;

(o)     promptly reporting to the Association any disrepair or defect for which the Association is
        responsible.

7.      Limitations on Association’s Repair Obligations
The Association is under no obligation with respect to any of the following:

(a)     to repair or maintain anything which is the responsibility of the Tenant as set out in Section 6
        hereof;

(b)     to repair or maintain anything constructed or provided by the Tenant unless the
        Association’s written permission has been given in advance and, after inspection, the
        Association confirms in writing that the same is satisfactory (neither permission or
        confirmation to be unreasonably withheld). Any items which the Tenant is entitled to remove
        from the Premises will not be repaired or maintained by the Association. Below is a list of
        items constructed or provided by previous tenants for which the Association accepts no
        responsibility for repairing or maintaining:

        [list]
                                                   -4-


(c)     to rebuild or reinstate the Premises in case of destruction or damage by fire, storm, flood or
        any other inevitable damage; provided, however, that the Association will normally rebuild
        or reinstate unless, in its opinion, there are special circumstances to make it unreasonable to
        do so, in which event the Association shall provide a written explanation of its reasons for
        such decision;

(d)     to make good any damage to the Premises or the fixtures or fittings caused by the Tenant or
        any member of the Tenant’s household or any lawful visitor to the Premises, reasonable wear
        and tear excepted;

(e)     to repair or maintain anything where specific notice of the fault has not been properly given
        to the Association by or on behalf of the Tenant;

(f)     to carry out non-essential repairs if the Tenant is __________ days or more in arrears of Rent.
        (An “essential repair” is one which ensures the safety of the occupants or which keeps the
        building weatherproof.) If the Tenant is in arrears of Rent but is reducing the arrears by
        making regular payments against the arrears, the Association will continue to carry out those
        non-essential repairs for which it is normally responsible.

8.      Damage to Premises
The Tenant has a duty to make good any damage to the Premises or the Association’s fixtures and
fittings or to the common parts caused by the Tenant or any member of the Tenant’s household or
any lawful visitors to the Premises, reasonable wear and tear excepted. If the Tenant fails to make
good any damage for which he/she is responsible, the Association may enter the Premises and carry
out the repairs in default and the cost of such repairs shall be recoverable by the Association from the
Tenant. The cost of reinstatement of any authorised work carried out to the Premises may similarly be
recovered.

9.      Target Period for Repairs
The Association shall make every effort to have the repairs for which it is responsible carried out
within its published target period for the type of repair, but is not under any legal obligation to do so.


              SECTION 3 - ASSOCIATION’S FURTHER OBLIGATIONS
The Association further agrees as follows:

10.     Tenant’s Right to Occupy
To give the Tenant possession of the Premises at the commencement of the Tenancy and not to
interrupt or interfere with the Tenant’s right to peacefully occupy the Premises except in the event
that:

(a)     access is required to inspect the condition of the Premises or to carry out repairs, alterations,
        improvements or other works to the Premises or adjoining property; or

(b)     a court has given the Association possession by ending the Tenancy.

11.     Tenant’s Guarantee
To provide the Tenant with information on its housing management policies as required by the
Guidance issued by the Department for Social Development using its power under Article II of the
Housing (N.I.) Order 1992.

12.     Insurance
To insure the Premises and the building of which the Premises forms a part, the fixtures and fittings
provided by the Association, but not the personal property of the occupants.
                                                 -5-




                   SECTION 4 - TENANT’S FURTHER OBLIGATIONS
The Tenant further agrees as follows:

13.     Possession
To take possession of the Premises at the start of the Tenancy, and not to part with possession of the
Premises or to sub-let all or any portion thereof.

14.     Use of Premises
To use the Premises for residential purposes as the Tenant’s only or principal home, and not to
operate a business at the Premises without the written consent of the Association.

15.     Rent
To pay the basic rent, rates and any other charges regularly and promptly as the same become due.

16.     Nuisance
Not to cause, or allow members of Tenant’s household or lawful visitors to the Premises to cause, a
nuisance or annoyance to neighbours or other tenants of the building.

17.     Disturbance
Not to play or allow to be played any radio, television, record, compact disc, tape recording, musical
instrument or other sound producing device at a volume that causes a disturbance or annoyance to
neighbours, or that can be heard outside the Premises between the hours of ______ p.m. and _______
a.m.

18.     Racial and Other Harassment
Not to commit, or allow members of Tenant’s household or lawful visitors to the Premises to commit,
any form of harassment on the grounds of race, colour, religion, sex, sexual orientation or disability
which may interfere with the peace and comfort of, or cause offence to, any other tenant, member of
such tenant’s household, visitors or neighbours.

19.     Parking
Not to park or allow the parking of any caravan, boat, vehicle or other items or goods in or around
the Premises in such a way as to cause an obstruction, inconvenience or nuisance to the occupiers of
neighbouring or adjoining premises.

20.     Upkeep of Premises
To keep the interior of the Premises in a clean and sanitary condition, to keep in repair anything for
which the Tenant is responsible, and to promptly report to the Association any disrepair or defect for
which the Association is responsible.

21.     Access
To allow the Association, its agents or employees, or such other party as the Association may
authorise, access at all reasonable hours to inspect the condition of the Premises or to carry out
repairs or other works to the Premises or adjoining property. The Association will use best efforts to
give at least twenty-four (24) hours notice and to enter the Premises only between the hours of
_______ a.m. and ______ p.m., however, the Tenant understands and agrees that immediate access
may be required in the event of an emergency.
                                                  -6-


22.     Common Parts
To use the common parts of the building reasonably and to take reasonable care to keep them free
from obstruction and fit for use by other tenants and visitors, and to observe any obligations, rules or
regulations relating to their use, including those with respect to security and cleaning.

23.     Overcrowding
Not to allow more people than in the Association’s opinion are appropriate to reside in the Premises.

24.     Pets
To keep under control any animals kept at the Premises and to obtain the Association’s written
permission in accordance with paragraph 27 prior to keeping any such animal at the Premises.

25.     Gas
Not to store or allow storage of any Liquid Petroleum Gas if the Premises are a flat or maisonette
within a complex of four (4) or more storeys in height. Storage in any other type of flat with shared
access requires the Association’s written permission.

26.     Keys
To pay the replacement costs of any lost keys or any copies of keys in addition to those supplied by
the Association at the commencement of the Tenancy.

27.     Actions Requiring Written Permission
Not to perform any of the following actions without the Association’s prior written permission:

(a)     exchanging Premises with another tenant;

(b)     sub-letting any part of the Premises;

(c)     carrying out structural alterations or making alterations or additions to the Premises,
        including those to fixtures such as fireplaces, kitchen units and tiles or work affecting floor
        coverings provided by the Association;

(d)     erecting or permitting to be erected any structure in the grounds of the Premises;

(e)     decorating any part of the exterior of the Premises;

(f)     keeping more than one (1) domestic pet in the Association’s houses and keeping any pet in
        the flats or maisonettes;

(g)     installation of satellite dishes.

28.     Ending the Tenancy
To give the Association at least four (4) weeks notice in writing (calculated from the last day of the
then current rental period) if terminating the Tenancy. Unless otherwise agreed between the parties,
the Tenancy shall not end until (a) the notice period has expired and (b) all keys to the Premises have
been returned to the Association.

29.     Vacating the Premises
To give the Association vacant possession, return all keys to the Premises at the end of the Tenancy
and remove all furniture and personal property belonging to the occupants, and all rubbish. To leave
the Association’s fixtures and fittings clean and in good working order. The Association accepts no
responsibility for any items left at the Premises by the Tenant at the end of the Tenancy and will
dispose of any such items as it deems fit, without notice to the Tenant.
                                                 -7-




                             SECTION 5 - TENANT’S RIGHTS
The information provided in this Section 5 is a summary of statutory provisions and is provided for
general guidance.

30.     Rights of Secure Tenants
The Housing (NI) Order 1983 provides secure tenants of a registered Housing Association with a
code
				
DOCUMENT INFO
Description: Prepare a Northern Ireland Secure Tenancy Agreement between a tenant and a registered housing association with this comprehensive template. - The association is responsible for maintaining and repairing the exterior of premises, as well as the common parts. - The association is responsible for maintaining plumbing, electrical, heating, water heaters and lighting. - The tenant is responsible for maintaining the interior of the rental premises, appliances and fixtures. - The tenant is responsible for the care and upkeep of the gardens, hedges, paths. - The tenant must not cause a nuisance or disturb other occupants, and is liable for any damages caused by the tenant, his/her guests or invitees. - Includes a list of the tenant's rights pursuant to Housing (NI) Order 1983. - Includes a summary of grounds on which a tenant can be evicted. This Northern Ireland Secure Tenancy Agreement template is provided in MS Word format, and is fully editable to fit your specific requirements.
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