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Tenant Breaks Commercial Lease - Landlord Rights Uk

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					                          ASSURED SHORTHOLD
                          TENANCY AGREEMENT


TAKE NOTICE THAT THIS TENANCY AGREEMENT IS A BINDING DOCUMENT. BEFORE
SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS
EVERYTHING YOU WANT INCLUDED AND NOTHING THAT IS UNACCEPTABLE TO YOU.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR ANYTHING IN IT, BEFORE YOU
SIGN IT YOU SHOULD CONSIDER TAKING ADVICE FROM A SOLICITOR, CITIZENS
ADVICE, OR A HOUSING ADVICE CENTRE.




To the Landlord: This is an outline agreement in Word format drafted by the law firm Walker
Morris and available from the website www.residentiallandlord.co.uk, published by Weblishers
Limited. It can be edited to meet your particular needs. You should read the agreement,
explanatory notes and schedules carefully and in their entirety before proceeding to complete
the Tenancy particulars and to retain or delete the entries in square brackets. You should seek
legal advice if you are unsure about or have any questions concerning any of the contents of the
documentation. The agreement will be suitable for use by private Landlords in most
circumstances – corporate lets and rental agreements where the rent is in excess of £100,000
per annum are two exceptions. However, Landlords with unusual or special circumstances or
any specific requirements relating to their properties or Tenants or Guarantors should obtain
legal advice before using the documents. The documents and explanatory notes were produced
in July 2009 and are in accordance with the law as at that date.




                         Kings Court, 12 King Street, LEEDS LS1 2HL
                                  Telephone: 0113 283 2500
                                      Fax: 0113 245 9412
                            E-mail: karl.anders@walkermorris.co.uk
                                Web: www.walkermorris.co.uk
                              TENANCY PARTICULARS

Date:                         ………………………………….


Landlord       [enter name] ………………………………….

whose address for service of notices on the Landlord (including notices in proceedings) in
England and Wales for the purposes of sections 47 and 48 of the Landlord and Tenant Act 1987
is at

…………………………………………………………………………………………



Tenant:        [enter name] ……………………………….

Term:          ………[months/years] certain commencing on …………………..…………………

and ending on ….………………………………and any period of holding over or extension or

continuance by statute or common law.


Rent:          £…………per calendar month


Premises       ……………………………………………………………………………………………


Deposit:       £………………

1 DEFINITIONS AND INTERPRETATION

The purpose of providing this list of definitions is to help explain or clarify some terms
and expressions that may be found in this Agreement. It is not an exhaustive or
complete list. In the event of a dispute, only a court can decide on a definitive
interpretation or meaning of any clause, or any part of this Agreement.

In this Agreement the following definitions apply:


        1.1 The expression "the Inventory" means any document prepared by the Landlord and
        provided to the Tenant detailing the Landlord's furniture, furnishings, fixtures, floor,
   ceiling and wall coverings and décor and the condition of the Premises generally that is
   attached to this Agreement. This document will be relied upon at the end of this
   Agreement to assess damage or compensation for damage (over and above fair wear
   and tear) and so should be checked carefully at the commencement of this Agreement.

   1.2 The expression "the Landlord" means the person stated in the Tenancy Particulars
   and includes any successors in title to the Landlord and any person lawfully claiming
   under or through him/her.

   1.3 The expression "the Tenant" includes the persons deriving title under the Tenant.


   1.4 References to "the Premises" means the residential property set out in the Tenancy
   Particulars and shall include any part or parts of the Premises and to all the items set
   out in the Inventory.

   1.5 References to "the Term" include any extension or continuation, or any statutory
   periodic tenancy which may arise following the end of the period set out in the Tenancy
   Particulars.

   1.6 References to "the Rent" means the amount set out in the Tenancy Particulars.

   1.7 References to "month" means a calendar month.

   1.8 Reference to "Joint and Several" means that where the Tenant comprises two or
   more persons, they are jointly liable for the payment of the Rent and all other liabilities
   falling upon the Tenant during this Agreement as well as any breach of the Agreement.
   This also means that individually each tenant is responsible for payment of the Rent and
   all liabilities falling upon the Tenant as well as any breach of this Agreement until all
   such payments have been made in full.

   1.9 Words importing only the masculine gender include the feminine gender, and words
   importing the singular number include the plural number and visa versa..

   1.10 Any obligation by the Tenant not to do any act or thing shall include an obligation
   not to permit or allow the doing of such act or thing.

   1.11 Any reference to any Act of Parliament includes a reference to any amendment or
   replacement of it from time to time and to any subordinate legislation made under it.

   [1.12 References to "the Building" means the building known as [             ] of which the
   Premises form part].

   [1.13 References to "the Headlease" mean the lease dated [                    ] and made
   between [          ] and [              ].]

2 AGREEMENT
   2.1 The Landlord agrees to let and the Tenant agrees to take the Premises for the Term
   at the Rent.
       2.2 The Rent shall be payable in advance on the ……… day of each and every month of
       the Term with the first of such payments to be made on the signing of this agreement.
       The payment for any period of less than one month is to be apportioned on a daily
       basis.

       [2.3 The Premises are let together with the right(s) for the Tenant set out in Schedule 1
       [and excepting and reserving for the Landlord the rights set out in Schedule 2] ].



3 TENANT'S OBLIGATIONS
Please Note: These are the things that the Tenant agrees to do or not to do. It is important for
the Tenant to understand what he must do or not do. If the Tenant breaks, or does not comply
with any of these obligations, the Landlord may be entitled to claim damages or compensation
from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of
eviction.

The Tenant agrees to the following:

Where the Tenant is more than one person, the responsibility and liability of the individuals
concerned is joint and several for all obligations under this Agreement.

The Tenant further agrees with the Landlord as follows:

       3.1 Rent
       To pay the Rent during the Term on the days and in the manner stated above (whether
       formally demanded or not) without any deduction (except where it is lawful to do so) to
       the Landlord [by standing order] [by direct debit] [to the following account: [insert details
       of account] ….………………………………………….…………………………….…]

       3.2 Outgoings
       To register for and pay the council tax (or any tax replacing it) and to pay all other
       existing and future rates, taxes, assessments, charges, and outgoings of every kind and
       description payable by law in respect of the Premises which are reasonable for the
       Tenant to pay, but with the exception that the Tenant shall not be responsible for any
       such outgoings imposed on the Landlord in respect of any disposition of or dealing with
       the Landlord’s interest in the Premises.

       3.3 Services
              3.3.1 To pay for (direct to the relevant authority or supplier) all gas, electricity,
              fuel oil, and water which is consumed or supplied on or to the Premises and for
              all telephone calls made throughout the Term, and the amount of all rentals and
              standing charges for gas, electricity, fuel oil, and water or the provision of a
              telephone line throughout the Term.

              3.3.2 To pay the amount of the television licence fee [and of any charges for
              cable or satellite television services for the Premises] throughout the Term.
       [3.3.3 To pay all charges for the security alarm or other security system at the
       Premises together with any and all "call out" charges resulting from the security
       alarm or other security systems at the Premises being activated whether or not
       intentionally during the Term].

       3.3.4 To ensure that all accounts issued by the relevant authorities or suppliers
       are issued to and made out to the Tenant for the duration of the Term. Where the
       Tenant allows, either by default of payment or specific instruction, the utility or
       other services to be cut off, whether during or at the end of the Term, the Tenant
       is to pay, or be liable to pay, the costs associated with reconnecting or resuming
       those services.


3.4 Repair
Sections 11-14 of the Landlord and Tenant Act 1985 (as amended) apply to this
Agreement. These require the Landlord to keep in repair the structure and exterior of the
Premises and keep in repair and proper working order the installations in the Premises
for the supply of water, gas, electricity, sanitation and for space and water heating. It is
the Tenant’s obligation to:

       3.4.1 Advise the Landlord promptly of any defects and disrepair in or at the
       Premises for which the Landlord is liable;

       3.4.2 Keep the interior of the Premises and the paint, wallpaper and decorations,
       fireplaces, window fittings, sash cords, glass doors, and door furniture in good,
       clean, and tenantable repair and condition;

       3.4.3 Keep cleansed and free from obstruction all gutters, down pipes, drains,
       sanitary apparatus, water and waste pipes;

       3.4.4 Make good promptly all damage and breakages to the Premises and to the
       items listed in the Inventory that may occur during the Term that are the
       responsibility of the Tenant (with the exception of fair wear and tear and
       accidental damage by fire), and to inform the Landlord of any such work
       undertaken;

       3.4.5 Replace promptly all broken glass with the same quality glass where the
       Tenant, his family or visitors caused the breakage;

       3.4.6 Clean all the windows of the Premises both inside and outside at least once
       in every two months of the Term and at the end of the Term;

       3.4.7 Keep the Premises well and sufficiently aired and warmed at all times
       during the Term and to take all such precautions as may be reasonably
       necessary to prevent water pipes, sinks, WCs, and cisterns within the Premises
       becoming damaged by frost; and in the event of any damage being so caused by
       the Tenant’s failure, to take such precautions to make good such damage at the
       Tenant's own expense;

       3.4.8 Use reasonable endeavours to keep the Premises free from pests and
       vermin, and to advise the Landlord promptly of any infestation of insects, vermin,
       wet or dry rot, or of any disrepair which if continued might cause further damage
       to the Premises or a danger to any person;

       3.4.9 Preserve the furniture, furnishings, fixtures, floor, ceiling and wall coverings
       and décor and all other items listed in the Inventory from being destroyed or
       damaged and not to remove them from the Premises;

       3.4.10 Reimburse the Landlord, at the end of the Term, the reasonable costs of
       the professional washing and cleaning of any carpets, curtains, linens, bedding,
       upholstery and similar articles which become soiled during the Term where it is
       reasonable for the Landlord to incur such costs; [and]

       [3.4.11 Keep the [garden][patio][terrace] of the Premises clean and tidy and to
       mow the lawns as often as necessary and to keep the flower beds free from
       weeds and hedges trimmed, and 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][patio][terrace], and throughout the whole of the
       Term to cultivate the garden in a reasonable manner according to the season of
       the year.]


3.5 Decoration and Alterations
       3.5.1 Not to make any alterations or additions to the Premises either internally or
       externally whether structural or otherwise.

       3.5.2 Not to make any alterations or additions to or tamper or interfere with the
       electric, gas, or plumbing systems, installations, or meters in or serving the
       Premises.

       3.5.3 Not to carry out any re-decoration of the Premises or any part thereof
       [without prior written consent of the Landlord].

       3.5.4 Not to do anything or omit to do anything upon the Premises which shall
       cause damage to or deterioration of its internal or external surfaces or to the
       coverings or decorations of those surfaces [save that the Tenant shall be
       permitted to hang a reasonable number of pictures provided that they are hung
       using good quality picture hooks, and that at the end of the Term the walls are
       made good to the reasonable satisfaction of the Landlord].

       3.5.5 Not to place or exhibit any notice board or notice or sign visible from
       outside the Premises advertising any profession, trade, or business, or any
       goods or services.

       3.5.6 Not to erect any television aerial, satellite dish, or radio mast, or install
       cable television, without the prior written consent of the Landlord. In the event of
       consent being given any equipment must be removed at the end of the Term, if
       required by the Landlord, and any damage to the Premises made good at the
       Tenant's expense.


3.6 Security and Keys
      3.6.1 The Landlord’s insurance does not cover the Tenant’s possessions. The
      Tenant is responsible for arranging insurance cover for public liability and for
      personal belongings and effects brought onto the Premises.

      3.6.2 Not to install or change or alter any locks [or security codes] at the
      Premises without the Landlord's prior written consent and to provide the Landlord
      with a set of keys [or the new codes] immediately upon replacement.

      3.6.3 Not to leave the Premises unoccupied for any period whatsoever without
      locking and securing all windows and doors that permit access to the Premises,
      and to ensure that any security alarms or other security devices are set at all
      appropriate times.

      3.6.4 Not to leave the Premises unoccupied or vacant for any period greater than
      21 days at any one time without first giving written notice to the Landlord of the
      intention to do so.
      N.B. Failure to comply with this obligation may lead to the Landlord
      treating the Premises as abandoned and this Agreement at an end (see
      clause 5.6.1 below)


3.7 Use of the Premises
       3.7.1 To use the Premises only for the purpose of a private residence in the
       occupation of the Tenant.

      3.7.2 Not to underlet, share, or part with possession or occupation of the
      Premises or any part of it, nor take in any lodger or paying guest.

      3.7.3 Not to assign the Tenancy without the prior written consent of the Landlord,
      such consent not to be unreasonably withheld by the Landlord who may, where it
      is reasonable to do so as a condition of such consent, require the Tenant to enter
      into a Guarantee of the assignee’s compliance with the Tenant’s obligations for
      the remainder of the fixed period of this agreement.

      3.7.4 Not to use the Premises or allow the Premises to be used for any
      profession, business, or trade whatsoever, nor to use the Premises, or allow the
      Premises to be used, for any illegal, immoral, or improper purpose.

      3.7.5 Not to keep or permit to be kept on the Premises, any animal, fish, reptile,
      or bird [without the previous written consent of the Landlord]. [Such consent may
      be withdrawn in the event that the animal, fish, reptile, or bird causes damage to
      the Premises or a nuisance or annoyance to the Landlord or to the owners or
      occupiers of any nearby premises].

      3.7.6 Not to do, or permit to be done, in or on the Premises, any act or thing
      which may be or become a nuisance or annoyance (this includes any nuisance
      or annoyance caused by noise) or cause damage or inconvenience to the
      Landlord or the owners or occupiers of any nearby premises.

      3.7.7 Details of the Landlord’s insurance are provided with this Agreement. The
      Tenant shall not do, or permit to be done in or about the Premises, any act or
       thing which may render void or invalidate the insurance of the Premises or
       otherwise increase the ordinary premium for the insurance.

       3.7.8 Not to use or keep in the Premises any type of stove, heater, or lamp
       burning paraffin (or any type of fuel oil), nor to use, or permit to be used, any
       electrical apparatus or other equipment of a type or in a condition which might
       endanger the Premises.

       3.7.9 Not to obstruct any access to the Premises.

       3.7.10 Not to engage any contractor or otherwise incur expenditure on behalf of
       the Landlord (except in case of emergency) without the prior written approval of
       the Landlord.

       3.7.11 Not to keep, park, or store any boat, caravan, commercial or similar
       vehicle at or near the Premises.

       3.7.12 To forward without delay to the Landlord any correspondence addressed
       to the Landlord which is delivered at the Premises, and to inform the Landlord
       promptly of any notice affecting the Premises which may be served on the
       Tenant or left on the Premises or otherwise comes to the attention of the Tenant.


3.8 Entry and Inspections
       3.8.1 Upon being giving not less than 24 hours prior notice (except in the case of
       emergency when no notice shall be required), to permit the Landlord and/or the
       Landlord's contractors to enter upon the Premises at all reasonable times:
              (a) To examine the state and condition of the Premises;
              (b) For the purposes of repairing the Premises or carrying out any
              structural or other necessary repairs to [either] the Premises [or the
              Building] that can only be carried out by having access to the Premises;
              (c) To view the Premises at reasonable hours in the day time with
              prospective Tenants or purchasers of the Premises;
              (d) To comply with any obligations imposed on the Landlord by law;
              (e)) For any other reasonable purpose.




3.9 Notice to Repair
       3.9.1 Upon the Landlord giving the Tenant notice in writing specifying any
       repairs, re-decoration, cultivation, or other work required to be undertaken by the
       Tenant, and upon the Tenant failing to carry out the required works within 21
       days of service of such notice, to permit the Landlord to enter upon the Premises
       and to carry out such repairs. The reasonable costs incurred by the Landlord in
       making such repairs shall be a debt due from the Tenant to the Landlord payable
       on demand.


3.10 Costs
       3.10.1 To pay to the Landlord all reasonable costs and expenses (including VAT
       where the Landlord is not able to recover VAT) reasonably incurred by the
       Landlord (including but not limited to the costs and fees of the Landlord's
       solicitors and other professional advisers):
                (a) in respect of any action taken by the Landlord in connection with a
                breach by the Tenant of any obligation on the part of the Tenant
                contained in this Agreement; and
                (b) in connection with all applications by the Tenant for any consent or
                approval of the Landlord required by the terms of this Agreement,
                including those incurred in cases where consent is refused or the
                application is withdrawn.

3.11 The End of the Term and the Removal of the Tenant’s Belongings
       3.11.1 To give the Landlord reasonable prior notice if the Tenant intends to leave
       at the end of the fixed term of this Agreement.

       3.11.2 At the expiration or sooner determination of the Term:
              (a) to deliver up to the Landlord the Premises, and the items set out in the
              Inventory, free from rubbish and in such order, condition, and state as
              shall be consistent with the due performance of the obligations of the
              Tenant contained in this Agreement;
              (b) not to remove any of the items listed in the Inventory from the
              Premises and to leave them in the several rooms and places as
              described in the Inventory or as found at the commencement of the Term;
              and
              (c) to deliver to the Landlord all keys [and security devices or codes] for
              the Premises on expiry of the Term and to pay all reasonable charges
              incurred by the Landlord in securing the Premises against re-entry where
              the keys are not returned.

       3.11.3 If any of the Tenant’s goods or any goods belonging to the Tenant’s
       household shall not have been removed from the Premises at the expiration or
       sooner determination of the Term, the Landlord will remove and store such items
       for 28 days or such other period as is reasonable in the circumstances. The
       Landlord will notify the Tenant at the last known address. If the items are not
       collected within the said storage period, the Landlord may dispose of them in
       such manner as is reasonable in the circumstances and the Tenant will be liable
       for all reasonable removal and/or storage and/or disposal charges incurred by
       the Landlord. The reasonable costs incurred by the Landlord in removing storing
       and disposing of the items may be deducted from any sale proceeds and/or the
       Deposit and, if there are any costs remaining after such deduction, they will be
       recoverable from the Tenant as a debt.




[3.12 Headlease]

       [3.12.1 Not to do anything or omit to do anything that puts the Landlord in breach
       of its obligations under the Headlease].
              3.12.2 To observe and perform the obligations of the Tenant as set out in the
              Headlease. A copy of the relevant sections of the Headlease is attached to this
              Agreement].




4 LANDLORD’S AGREEMENTS
The Landlord agrees with the Tenant as follows:

       4.1 Insurance
              4.1.1 To keep the Premises [and the Building] insured for such sums and on
              such terms as the Landlord shall consider appropriate against loss or damage by
              fire, tempest, flood, or explosion, and such other risks as the Landlord shall
              consider appropriate, provided that there shall be no liability on the Landlord:
                      (a) To insure any goods or effects whatsoever of the Tenant; or
                      (b) To rebuild or reinstate the Premises in the case of destruction or
                      damage by fire or due to any other reason.

       4.2 Quiet Enjoyment
              4.2.1 To permit the Tenant paying the rent under this Agreement and performing
              and observing the various obligations on the part of the Tenant set out above, to
              hold the Premises peaceably without any interruption by the Landlord or any
              person lawfully claiming under or in trust for the Landlord.

       4.3 Repairing Obligations
              4.3.1 To comply with the requirements of section 11 of the Landlord and Tenant
              Act 1985 which imposes obligations on the Landlord to repair the structure and
              exterior (including drains, gutters and external pipes) of the Premises, to keep in
              repair and proper working order the installations in the Premises for the supply of
              water, gas and electricity and for sanitation (including basins, sinks, baths and
              sanitary conveniences, but not other fixtures, fittings and appliances for making
              use of water, gas and electricity), to keep in repair and proper working order the
              installations in the Premises for space heating and heating water. In determining
              the standard of repair required by the Landlord under this clause, regard shall be
              had to the age, character and prospective life of the Premises and the locality in
              which it is situated.

       4.4 Mechanical and Electrical Items
             4.4.1 To keep in repair and proper working order all mechanical and electrical
             items including washing machines, dishwashers, and other similar mechanical
             and electrical appliances belonging to the Landlord included in the Inventory.
             This Agreement shall not however be construed as requiring the Landlord to
             carry out any works for which the Tenant is liable under the Tenant's duty to use
             the Premises in a tenant – like manner or for which the Tenant is liable under the
             terms of this Agreement.

       4.5 Burglar Alarm
              4.5.1 Where the Landlord supplies a working burglar alarm with the Premises at
              commencement of this Agreement; to keep it in repair and working order, but
          only where such is not caused by the negligence or mis-use by the Tenant and/or
          by his visitors.

   4.6 Safety Regulations
          4.6.1 That all the furniture and equipment within the Premises complies with The
          Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).

          4.6.2 That the gas appliances within the Premises comply with The Gas Safety
          (Installation and Use) Regulations 1998 and that a copy of the safety check
          record will be given to the Tenant at the commencement of this Agreement.

          4.6.3 That the electrical appliances at the Premises comply with The Electrical
          Equipment (Safety) Regulations 1994 and The Plugs and Sockets etc. (Safety)
          Regulations 1994.




5 MUTUAL AGREEMENTS
   5.1 Deposit (NB Read Landlord Notes below and amend as appropriate)

          5.1.1 On the signing of this Agreement, the Tenant shall pay to the Landlord the
          Deposit as security for the Landlord in respect of:
                 (a) any rent or other payments due from the Tenant which remain unpaid;
                 (b) any damage to the Premises or the items listed in the Inventory for
                 which the Tenant may be liable;
                 (c) any unpaid accounts for council tax, gas, electricity, fuel oil, or water
                 consumed by the Tenant in the Premises, and any unpaid telephone
                 charges;
                 (d) any other breach by the Tenant of the Tenant's agreements and
                 obligations under this Agreement;
                 (e) any sum repayable by the Landlord to the Local Authority where
                 housing benefits have been paid directly to the Landlord;
                 (f) any costs, expenses, charges, or other monies payable by the Tenant
                 to the Landlord under this Agreement; and
                 (g) any reasonable costs incurred by the Landlord due to any cheque of
                 the Tenant which does not clear, or in respect of any reasonable costs
                 incurred by the Landlord by reason of any letter being sent to the Tenant
                 due to rent arrears, or any other breach of the Tenant's obligations under
                 this Agreement.

          5.1.2 The Landlord shall protect the deposit in accordance with the
          requirements of the Housing Act 2004 by use of an authorised deposit
          scheme, and deductions from, and repayments of the deposit will be dealt
          with in accordance with the rules of the scheme. As required by the
          Housing Act 2004, the Landlord will provide the Tenant with the prescribed
          information about the scheme used within 14 days of receipt of the deposit.


   5.2 Interest
       5.2.1 In the event that any instalment of rent or any other money payable by the
       Tenant under this Agreement is not paid within 14 days of the day on which it
       became due, then the same shall carry simple interest at the rate of 4 per cent
       per annum above the base rate of HBOS plc for the time being in force,
       calculated on a daily basis from the date upon which the same became payable
       until the date of payment.



5.3 Recovery of Possession
       5.3.1 The Landlord may bring a court action to recover possession of the
       Premises, even if any previous right to do so has been waived, if and whenever
       during the Term:
               (a) the Rent is outstanding for 14 days after becoming due whether
               formally demanded or not; or
               (b) there is a breach by the Tenant of any obligation or other term of this
               agreement; or
               (c) the grounds for possession in the Housing Act 1988 Schedule 2, Part I
               grounds 2 or 8, or any of the grounds in Part II of that Schedule other
               than grounds 9 or 16 apply (the said grounds are set out at schedule 3 to
               this Agreement); or
               (d) the Tenant becomes bankrupt, has an administration order made in
               respect of his assets, has a receiver appointed, makes an arrangement
               for the benefit of his creditors, or has any distress or execution levied on
               his goods.

       [5.3.2 The Landlord (or, in the case of joint Landlords, at least one of them)
       has occupied the Premises as his only or principal home and may require
       the Premises as his or his spouse’s only or principal home. The Landlord
       hereby gives notice that possession of the Premises may be recovered on
       Ground 1 in Part I of Schedule 2 to the Housing Act 1988.]

       [5.3.3 The Premises are subject to a mortgage granted before the beginning
       of this agreement and the mortgagee is or may be entitled to exercise a
       power of sale and may require possession of the Premises for the purpose
       of disposing of the Premises in the exercise of that power. The Landlord
       hereby gives notice to the Tenant that possession of the Premises may be
       recovered on Ground 2 in Part I of Schedule 2 to the Housing Act 1988.]

5.4 Suspension of Rent
       5.4.1 If the Premises or any part of it shall at any time during the Term be
       destroyed or damaged by any risk that the Landlord is obliged to insure against
       under the terms of this Agreement, the Rent (or a fair proportion of it by reference
       to the nature and extent of the damage) shall cease to be payable for so long as
       the Premises or any part of it remains unfit for use, provided that this shall not
       apply if the relevant policy of insurance is rendered void or voidable, or payment
       of the whole or part of the insurance monies is refused, in consequence of some
       act or default on the part of or suffered by the Tenant.


5.5 Notices
               5.5.1 Any notice or other document to be served on either of the parties under
               the terms of or in connection with this Agreement shall be sufficiently served if it
               is left or delivered at, or sent by special delivery or by recorded delivery
               addressed to:
                       (a) the address of the party to be served as specified in the Tenancy
                       Particulars; or
                       (b) such other address as may from time to time be notified in writing to
                       the other party; or
                       (c) (in the case of any notice which is to be served on the Tenant) the
                       Premises.

               5.5.2 Any notice or document of the kind referred to in this clause if sent by
               special delivery or by recorded delivery, addressed as required above, shall be
               deemed to have been sufficiently served 48 hours after the time of posting
               (unless returned by the Post Office undelivered).

       5.6 Abandonment
              5.6.1 If it comes to the attention of the Landlord that the Premises have not been
              occupied by the Tenant for more than 21 days and the Tenant has not given the
              Landlord notice in accordance with clause 3.6.4 above, and if, following further
              investigation by the Landlord, the Landlord forms the belief, and has reasonable
              cause to believe, that the Tenant has ceased to reside at the Premises, the
              Landlord may treat the Premises as being abandoned by the Tenant and re-enter
              the Premises and thereby bring this agreement to an end. Such entry by the
              Landlord will not affect any right or rights the Landlord may have against the
              Tenant in respect of any subsisting breach by the Tenant of the Tenant's
              agreements and obligations under this Agreement as at the date of the re-entry

       5.7 General Provisions
             5.7.1 If any term of this Agreement is, in whole or in part, held to be illegal or
             unenforceable to any extent under any enactment or rule of law, that term or part
             shall to that extent be deemed not to form part of this Agreement and the
             enforceability of the remainder of this Agreement shall not be affected.

               5.7.2 This Agreement shall not operate to confer any rights on any third party and
               no person other than the parties to it may enforce any provision of this
               agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

TAKE NOTICE THAT THIS TENANCY AGREEMENT IS A BINDING DOCUMENT. BEFORE
SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS
EVERYTHING YOU WISH TO BE INCLUDED AND NOTHING THAT IS UNACCEPTABLE TO
YOU. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR ANYTHING IN IT, BEFORE
YOU SIGN IT YOU SHOULD CONSIDER TAKING ADVICE FROM A SOLICITOR, CITIZENS
ADVICE OR A HOUSING ADVICE CENTRE.

Signed by the Tenant:…………………………………………..…..………
..
[insert name] ………………………………………………………..….……

In the presence of:
Name: …………………………………………………………….….……...

Address: …….………………………..……………………………………..

Signature: …………………………….

Occupation: …………………………..

Signed by (or on behalf of) the Landlord………………………….…..….

[insert name of Landlord]……………………………….…………………..

In the presence of:

Name ………………………………………………..……….………..……...

Address:……………………………………..………………………………..

Signature: ………………………………………….…..

Occupation: …………………………………….……...
                                       [SCHEDULE 1]
                                        [Rights Granted]

[The Premises are let together with the following rights:]

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

……………………………………………...…………………………………………………




                                       [SCHEDULE 2]
                                [Rights Excepted and Reserved]

[The Premises are let subject to the following exceptions and reservations reserved for the
benefit of the Landlord's adjoining premises and every part of them:]

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

……………………………………………...…………………………………………………
                                        SCHEDULE 3
                  Grounds on which a landlord may seek possession


During the fixed term of an assured or shorthold tenancy, the landlord can only seek possession
if one of grounds 2, 8, 10 to 15 or 17 apply and the terms of the tenancy make provision for it to
be ended on any of these grounds. When the fixed term of an assured tenancy ends,
possession can be sought on any of the grounds. When the fixed term of a shorthold tenancy
ends, the landlord does not have to give any grounds for possession.

              Mandatory grounds on which the court must order possession

(A prior notice ground means that the landlord must have notified the tenant in writing before the
tenancy started that he or she might seek possession on this ground).

Ground 1: a prior notice ground
The property was previously the landlord's only or main home. Or, so long as the landlord or
someone before him or her did not buy the property after the tenancy started, the landlord (or
landlord's spouse) requires it to live in as his or her main home.

Ground 2: a prior notice ground
The property is subject to a mortgage which was granted before the tenancy started and the
lender, usually a bank or building society, wants to sell it, normally to pay off mortgage arrears.

Ground 3: a prior notice ground
The tenancy is for a fixed term of not more than 8 months and at some time during the 12
months before the tenancy started, the property was let for a holiday.

Ground 4: a prior notice ground
The tenancy is for a fixed term of not more than 12 months and at some time during the 12
months before the tenancy started, the property was let to students by an educational
establishment such as a university or college.

Ground 5: a prior notice ground
The property is held for use for a minister of religion and is now needed for that purpose.

Ground 6: The landlord intends to substantially redevelop the property and cannot do so with
the tenant there. This ground cannot be used where the landlord, or someone before him or her,
bought the property with an existing tenant, or where the work could be carried out without the
tenant having to move. The tenant's removal expenses will have to be paid.

Ground 7: The former tenant, who must have had a contractual periodic tenancy or statutory
periodic tenancy, has died in the 12 months before possession proceedings started and there is
no one living there who has a right to succeed to the tenancy.

Ground 8: The tenant owed at least two months' rent if the tenancy is on a monthly basis or 8
weeks' rent if it is on a weekly basis, both when the landlord gave notice seeking possession
and at the date of the court hearing.
             Discretionary grounds on which the court may order possession

Ground 9: Suitable alternative accommodation is available for the tenant, or will be when the
court order takes effect. The tenant's removal expenses will have to be paid.

Ground 10: The tenant was behind with his or her rent both when the landlord served notice
seeking possession and when he or she began court proceedings.

Ground 11: Even if the tenant was not behind with his or her rent when the landlord started
possession proceedings, the tenant has been persistently late in paying the rent.

Ground 12: The tenant has broken one or more of the terms of the tenancy agreement, except
the obligation to pay rent.

Ground 13: The condition of the property has got worse because of the behaviour of the tenant
or any other person living there.

Ground 14: The tenant, or someone living in or visiting the property:
(a) has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting
the locality; or
(b) has been convicted of using the property, or allowing it to be used, for immoral or illegal
purposes, or an indictable offence committed in the property or in the locality.

Ground 15: The condition of the furniture in the property has got worse because it has been ill
treated by the tenant or any other person living there.

Ground 16: The tenancy was granted because the tenant was employed by the landlord, or a
former landlord, but he or she is no longer employed by the landlord.

Ground 17: The landlord was persuaded to grant the tenancy on the basis of a false statement
knowingly or recklessly made by the tenant, or a person acting at the tenant's instigation.

.
              LANDLORD'S NOTES TO TENANCY AGREEMENT

1 Optional clauses – clauses in square brackets should be deleted in not required – see
explanatory notes below.

2 Headlease/the Building – this is applicable where the Premises form part of a larger building
as in the case of a flat (see also clauses 2.3 and 3.12 of the agreement). It is advisable that the
Tenant is given a copy of any Headlease together with an explanation of the terms if they are at
all unclear. Care should also be taken to ensure that a Landlord who is a Tenant under a
Headlease highlights particular covenants contained in that lease, for example, there may be
regulations in the Head lease that apply to the whole of the building.

3 Rent and expiry of tenancy at the end of the fixed term of the tenancy (unless the Landlord
has served a Section 21 Notice on the Tenant at least 2 months before the expiry of the fixed
term) the Tenant is entitled to remain in possession under a periodic tenancy on the same terms
as during the fixed term including the same rent and the periods of which are the same as those
for which the rent was last payable under the fixed term tenancy.

4 The Inventory – this should be attached to the agreement and be signed by the Landlord and
the Tenant. In addition to listing any furniture, furnishings and fixtures on a room by room basis,
it should also include comment on the condition of each item and identify any existing defects,
stains, marks etc where relevant.

5 Insurance – the Landlord should provide the Tenant with a copy of the terms of insurance
policy for the premises and/or the building. Clause 3.7.7 imposes an obligation on the Tenant
not to do anything which may invalidate or render void this policy or increase the premium
payable by the Landlord. The Tenant should be made aware of the requirements of this policy in
order to ensure that the clause is enforceable against the Tenant.

6 Clause 2.3 – It may be necessary to expressly reserve rights and reservations in the
agreement. For example, the Tenant may need to be given rights to access communal gardens,
lifts, corridors etc in the case of a block of flats and the Landlord may wish to reserve a right of
access across the garden of the let premises in order to provide for access to the Landlord's
neighbouring land.

7 Clause 5.6.1 – In certain limited circumstances the Landlord is able to treat the premises as
being abandoned by the Tenant and re-enter the premises thereby bringing the tenancy to an
end. NB This right should be exercised with extreme caution by the Landlord. The Landlord
may be mistaken and the Tenant may not have abandoned in which case the Landlord is at risk
of committing a criminal offence of unlawful eviction and also liable to pay the Tenant significant
civil damages.

N.B. in view of the risks involved Landlords are strongly advised to obtain legal advice
before re-entering the premises. The safest route to possession in such circumstances is
to commence proceedings for possession and to obtain a court order.

8 Landlord's Statutory Obligations –
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended) provide that
where furniture or furnishings are supplied "in the course of business" (even domestic owners
who have never granted a tenancy before are likely to do so "as a business" unless the letting is
to a "family member") the Landlord must ensure that such furniture or furnishings comply with
the regulations as to fire retardant materials. The covers and the fillings or anything upholstered
or which has filling material e.g. beds, mattresses, headboards, sofas and chairs fitted with
loose covers, futons, cushions and pillows, garden furniture and nursery furniture are within the
regulations. Items manufactured before 1950, together with carpets, curtains, duvets and loose
covers for mattresses are outside the regulations. Compliance can be proved by manufacturer's
labels, receipts for purchase or certificates by Interior Designers. Failure to comply can result in
prosecution by the Trading Standards Office and conviction can result in a fine of up to £5,000
or up to six months' imprisonment.

The Gas Safety (Installation and Use) Regulations 1998 relate to gas appliances in all let
residential properties. All appliances must be tested by a CORGI registered Engineer within 12
months of being installed and at intervals of not more than 12 months since they were last
tested. The Landlord's safety certificate must be provided to the Tenant upon occupation or
within 28 days of a certificate or renewal certificate being issued. It is advisable for Landlords to
have additional checks carried out between tenancies. Failure to comply is a criminal offence
enforced by the Health and Safety Executive and conviction will result in a fine of up to £5,000
or up to six months' imprisonment.

The Electrical Equipment (Safety) Regulations 1994 provide that all electrical appliances and
equipment must be tested and a portable appliance test certificate obtained. New electrical
appliances usually have a statement as to testing. It is advisable for Landlords to have all
appliances tested where it is not evident that this has been done, or re-tested, before the grant
of any tenancy agreement. Non-compliance could mean prosecution by the Trading Standards
Office and conviction will result in a fine of up to £5,000 or up to six months' imprisonment.

The Plugs and Sockets etc. (Safety) Regulations 1994 prohibit persons from supplying,
offering to supply, agreeing to supply, exposing for supply or possessing for supply any
electrical device which are not compliant with the Regulations. The Regulations provide that
appliances must be correctly fitted with a standard plug which is of a type approved by a notified
body and which is fitted with a fuse link conforming to British Standard 1362 and rated in
accordance with the appliance manufacturer's instructions. In the absence of such instructions,
the fuse link may be rated in accordance with Table 2 of British Standard 1363: 1984 or rated in
accordance with any standard or specification recognised for use in a member State of the EC
or other State of the European Economic Area which provides a level of safety equivalent to that
which would be provided by conformity to Table 2 of that British Standard.


N.B. the above is only a summary of the said Regulations. Landlords should obtain a
copy of each of the Regulations and familiarise themselves with the content of the same
to ensure that they are in compliance. Where Landlords are not in compliance they are at
risk of civil and criminal liability. Copies of the Regulations can be obtained by logging
on to the relevant government department website: www.opsi.gov.uk or by telephoning
0870 242 2345.

9 Ground 1 and Ground 2 – these grounds should be included where relevant. As the Housing
Act states that the Tenant must receive notice of these grounds "not later than the beginning of
the tenancy", it is advisable to leave the relevant wording in bold should it be necessary to
include the required wording in the agreement.

NB Ground 1 is not available to a landlord during a fixed term assured shorthold tenancy and
will therefore only be of use if the fixed term has expired and the tenant remains in occupation
under a periodic tenancy.

NB The terms of a buy-to-let mortgage are likely to require that a notice under Ground 2 is given
to the Tenant.

10 Signature – It is important that the Tenant is given sufficient time to read the tenancy
agreement before it is signed. It is also important that the Tenant’s signature is witnessed and
the witness also signs and prints the other details where indicated. It is advisable that the
Landlord and the Tenant each retain a signed copy of the agreement.


                                 NB Tenancy Deposits
The Housing Act 2004 specifies that no person may require payment of a tenancy deposit in
connection with an Assured Shorthold Tenancy which is not to be dealt with in accordance with
a government authorised deposit protection scheme.

Three such schemes have been authorised:
* The Deposit Protection Service - the only custodial deposit protection scheme - is free to
use. For more information, visit www.depositprotection.com or call 0870 707 1707 [8.30 a.m. to
5.30 p.m. Monday – Friday].
* Tenancy Deposit Solutions Ltd is a partnership between the National Landlords Association
and Hamilton Fraser Insurance. This insurance-based tenancy deposit protection scheme
enables landlords to hold deposits. For more information, visit www.mydeposits.co.uk or call
0871 703 0552 [8.30 a.m. to 5.30 p.m. Monday – Friday].
* The Tenancy Deposit Scheme is an insurance-backed scheme that enables landlords to hold
deposits. For more information, visit www.tds.gb.com or call 0845 226 7837 [8.30 a.m. to 5.30
p.m. Monday – Friday]..

When a \ Landlord receives a deposit he or she has 14 days to comply with the requirements of
one of the above schemes. The landlord must also, within 14 days inform the tenant in writing
of:
* The name, address, telephone number, email address and any fax number of the scheme
administrator of the authorised tenancy deposit scheme applying to the deposit;
* Any information contained in a leaflet supplied by the scheme administrator to the landlord
which explains the operation of the relevant Housing Act provisions.
* The procedures that apply under the scheme by which an amount in respect of a deposit may
be paid or repaid to the tenant at the end of the tenancy.
* The procedures that apply under the scheme where either the landlord or the tenant is not
contactable at the end of the tenancy.
* The procedures that apply under the scheme where the landlord and the tenant dispute the
amount to be paid or repaid to the tenant in respect of the deposit.
* The facilities available under the scheme for enabling a dispute relating to the deposit to be
resolved without recourse to litigation.
There is no requirement in the Act for the tenancy agreement itself to specify which deposit
protection scheme is to be used – this information can be provided separately.
Landlords using the Residential Landlord tenancy agreement who take deposits are advised to:

check with their deposit protection scheme rules regarding any special requirements for tenancy
agreements;
 ensure deposits are protected within the prescribed 14 days;
- ensure that tenants are given the statutory information to which they are entitled within the
statutory time limits.

Warning Notice – Landlord's should note that failure to comply with the Tenancy Deposit
Legislation leads to two sanctions for non-compliance:

   1) Where a landlord has not arranged for a deposit to be protected with an
      authorised scheme, or has not provided the tenant with the prescribed statutory
      information within 14 days of receiving the deposit, the tenant has the right to
      apply directly to the court for an order requiring the landlord to repay the deposit
      to the tenant, or to pay it into an authorised scheme. When making such an order
      the court must also require the landlord to pay to the tenant a penalty sum equal
      to three times the deposit.
   2) The landlord will be unable to regain possession of the property using the usual
      "shorthold" ground for possession – under section 21 of the Housing Act 1988 a
      landlord can obtain an order for possession of an assured shorthold tenancy at
      any point after the first 6 months of the tenancy providing any fixed term has
      expired, and provided the landlord gives to the tenant at least 2 months' written
      notice. This provision will be suspended if the landlord has not complied with the
      tenancy deposit legislation.

				
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