Assured Shorthold Tenancy Agreement - Template Form Pro · UK-law

ASSURED SHORTHOLD TENANCY AGREEMENT

This Agreement is made under Part I, Chapter II of the Housing Act 1988 and creates an assured shorthold tenancy as defined in section 19A of that Act. It takes effect on the last date of signature of the Parties.

1. THE PARTIES

1.1. The Landlord

________ whose address for the service of proceedings and notices ("the Landlord's Address") is:

________

('the Landlord').

1.2. The Tenant

________ of:

________

('the Tenant').

1.3. The Guarantor

________ of:

________

('the Guarantor').

IT IS AGREED AS FOLLOWS:

2. DEFINITIONS AND PARTICULARS OF THE TENANCY

2.1. Deposit

In addition to the first instalment of Rent, the Tenant shall pay to the Landlord prior to the commencement of the Tenancy a deposit of £________ (________) ('the Deposit'). The Deposit is held as security for the performance of the Tenant's obligations and may, subject to the relevant tenancy deposit scheme rules and to clause 14, be applied towards the Landlord's reasonable costs, losses and damages arising from any breach of those obligations. The Deposit is not to be treated by the Tenant as payment of any Rent due under this Agreement.

2.2. The Property

The property let under this Agreement is situated at:

________

For the avoidance of doubt, the Property includes the following:

________

2.3. The Common Parts

'Common Parts' means:

________

2.4. Contents

All fixtures, fittings, effects and furniture at the Property, including any furniture, carpets, curtains and other effects listed in the attached Inventory and Schedule of Condition.

2.5. The Rent

£________ (________) per calendar month, payable in advance from the commencement of the Tenancy in equal monthly instalments.

2.6. Rent Payment Day

The Rent is payable in advance on the same day of each calendar month as the day on which this Tenancy commences, with the first instalment of £________ being payable on the commencement of the Tenancy. Where a calendar month does not contain the corresponding day, the Rent Payment Day for that month only shall be the last day of that month.

For example, if the Tenancy commences on the 13th day of a month, Rent is payable on the 13th of each month; if it commences on the 30th, Rent is payable on the 30th of each month, save for February when it is payable on the 28th (or 29th in a leap year).

2.7. Term

A fixed term of ________ calendar months commencing on and including ________ ('the Term').

2.8. Tenancy

Any reference in this Agreement to 'the Tenancy' is a reference to the tenancy created under this Agreement, including any statutory periodic tenancy arising under section 5 of the Housing Act 1988 on expiry of the Term.

2.9. Calendar Day

'Calendar Day' means any day of the seven-day week, including weekdays, weekends and public holidays.

3. INTERPRETATION

3.1. In this Agreement:

3.1.a. the words "include", "includes" and "including" are deemed to be followed by the words "without limitation";

3.1.b. the word "today" refers to the date of this Agreement;

3.1.c. the word "liability" includes all costs, losses, damages, expenses and claims incurred or suffered by the relevant party;

3.1.d. the word "Utilities" refers to electricity, gas, water, foul water and surface drainage services, heating, ventilation, air conditioning, telecommunications and broadband signals, and all other utilities serving or consumed at the Property;

3.1.e. words introduced by the word "other" do not have a restrictive meaning even where preceded by words indicating a particular class of acts, things or matters;

3.1.f. an obligation not to do something includes an obligation not to cause or allow that thing to be done;

3.1.g. obligations owed by or to more than one person are owed by them or to them jointly and severally.

3.2. Unless otherwise specified:

3.2.a. a reference to one gender includes a reference to the other genders;

3.2.b. a reference to clauses is a reference to a clause of this Agreement;

3.2.c. words in the singular include the plural and vice versa;

3.2.d. where two or more persons are included in the expression "the Tenant", the obligations of the Tenant under this Agreement are binding on them jointly and severally;

3.2.e. a reference to legislation is a reference to legislation having effect in England and Wales, including any Act of Parliament and all regulations, orders, statutory codes of practice and subordinate legislation made under it;

3.2.f. a reference to particular legislation is a reference to that legislation as amended, consolidated or re-enacted from time to time, as in force during the Term.

4. LETTING

4.1. The Landlord lets the Property to the Tenant for the Term at the Rent.

4.2. It is a condition of this Agreement that the Tenant and all permitted occupiers aged 18 or over have a "right to rent" in accordance with the Immigration Act 2014, and the Tenant shall provide such evidence of immigration status as the Landlord may reasonably require.

5. OTHER PERMITTED OCCUPIERS

5.1. In addition to the Tenant, the following persons who are not tenants may reside at the Property: any children or other dependants of the Tenant who are under the age of 18 at the start of the Tenancy, together with any further persons identified here: ________.

5.2. The Tenant must not allow any other person to reside at the Property without the prior written consent of the Landlord.

5.3. The Tenant shall be responsible for ensuring, so far as reasonably possible, that all permitted occupiers comply with the terms of this Agreement.

6. COMMON PARTS

In addition to the Property, the Tenant shall have use of the Common Parts as reasonably required, in common with the owners and occupiers of other dwellings.

7. MORTGAGE

The Tenant is notified that the Property is or may be subject to a mortgage. The Landlord confirms that any consent required from the mortgagee to the grant of this Tenancy has been or will be obtained.

8. INTEREST

8.1. Interest at 3% above the Bank of England base rate from time to time shall be payable on any Rent or other sum that is overdue by more than 14 Calendar Days.

8.2. Such interest shall be payable from the date on which the sum fell due until the date of actual payment.

9. INVENTORY AND SCHEDULE OF CONDITION

9.1. An Inventory and Schedule of Condition is attached to this Agreement and has been provided to the Tenant.

9.2. The Tenant must, within 14 Calendar Days from the start of the Tenancy, provide any written comments or amendments to the Inventory and Schedule of Condition, failing which the Tenant shall be deemed to have accepted its contents.

10. TENANT'S COVENANTS

The Tenant covenants with the Landlord:

10.1. Payments

10.1.a. to pay the Rent to the Landlord;

10.1.b. to pay the Council Tax to the local authority;

10.1.c. to pay the television licence fee, broadband charges and all charges for Utilities for the duration of the Term;

10.1.d. to pay any service charge or other charge relating to the management of the Property incurred during the Tenancy;

10.1.e. to pay any reasonable costs incurred by the Landlord as a result of the Tenant's failure to comply with the obligations in this Agreement;

10.1.f. to pay the reasonable cost of repairs where the need for them is attributable to the Tenant's failure to comply with the obligations in this Agreement.

10.2. Living in the Property and General Standards

10.2.a. to keep the Property and Contents in good condition as set out in the Schedule of Condition and Inventory (fair wear and tear excepted);

10.2.b. to repair or replace any items or Contents (including windows) damaged by the Tenant, the Tenant's children, occupiers or guests;

10.2.c. not to pour any inappropriate or unsuitable materials into the drains, pipes, gutters and plumbing;

10.2.d. to keep the Property reasonably aired and warmed;

10.2.e. to take all reasonable precautions to protect the Property from frost;

10.2.f. to clean the windows inside and outside of the Property regularly;

10.2.g. to report without delay all disrepair, damage, defects and required repairs, whether the Tenant is responsible or not;

10.2.h. not to affix any notice, sign, poster or other thing to the internal or external surfaces of the Property in such a way as to cause damage;

10.2.i. to ensure that ventilators are not blocked and that any defect in any gas appliance is reported without delay to the Landlord;

10.2.j. to ensure that all smoke and carbon monoxide alarms are kept switched on, maintained and supplied with working batteries;

10.2.k. to keep any gardens, driveways, pathways, lawns and hedges as neat and properly tended as at the start of the Tenancy;

10.2.l. to take all reasonable steps to keep the Property free from pests and vermin and to inform the Landlord immediately of any infestation;

10.2.m. to dispose of all rubbish promptly, tidily and in accordance with local authority requirements;

10.2.n. to change any lightbulbs or fuses, as required;

10.2.o. not to keep any animals or pets at the Property without the Landlord's written consent, such consent not to be unreasonably refused in respect of a request to keep a pet (Tenant Fees Act 2019).

10.3. Alterations

10.3.a. not to make any alteration or addition to the Property or garden without the prior written consent of the Landlord;

10.3.b. not to remove any Contents from the Property;

10.3.c. not to alter, change or install any locks on any doors or windows, or have additional keys made, without the prior written consent of the Landlord.

10.4. Assignment and Subletting

not to assign, underlet, sublet, charge, part with or share possession or occupation of the Property or any part of it, or take in lodgers or paying guests, or permit any person to reside at the Property other than an 'Other Permitted Occupier' as defined in clause 5.

10.5. Access by the Landlord

10.5.a. to permit the Landlord (and the Landlord's agents and contractors) to enter the Property, on at least 24 hours' prior written notice (except in an emergency, when no notice is required), at reasonable times of the day, for the purposes of:

I. examining its condition and state of repair;

II. maintaining or repairing the Property or any of the Contents;

III. carrying out safety inspections (including gas and electrical safety);

IV. carrying out any other inspection required by law; or

V. fulfilling any obligation under this Agreement or any legal obligation;

10.5.b. to permit the Landlord (and authorised agents) to conduct viewings with prospective buyers or tenants during the last two months of the Tenancy, on reasonable notice;

10.5.c. to permit the Landlord to enter the Property for insurance purposes where the Property is to be left unoccupied for more than 28 Calendar Days, and to notify the Landlord of any such planned absence.

10.6. Use of the Property

10.6.a. to use the Property as the Tenant's only or principal home;

10.6.b. to use the Property solely as a single private dwelling and not for any other purpose;

10.6.c. not to carry on any profession, trade or business at the Property without the prior written consent of the Landlord;

10.6.d. not to do or permit any act which may be or become a nuisance, damage, annoyance or inconvenience to the Landlord or any neighbouring occupier;

10.6.e. not to contravene the terms of any insurance of the Property or do anything which would increase the ordinary premium;

10.6.f. to comply with all legislation applicable to the use or occupation of the Property;

10.6.g. not to use the Property for any disorderly, anti-social, illegal or unlawful purpose;

10.6.h. to observe any restrictions in any superior lease from which the Landlord derives title and which are applicable to the Property;

10.6.i. to take all reasonable steps to keep the Property secure whenever it is unoccupied;

10.6.j. not to leave vehicles in a position that may obstruct the free movement of other road users.

10.7. Vacating the Property

10.7.a. to return all keys at the end of the Tenancy and to provide a forwarding address to the Landlord;

10.7.b. to vacate the Property at the end of the Tenancy and to leave all Contents in the rooms in which they were at the start of the Tenancy (as per the Inventory and Schedule of Condition);

10.7.c. to remove all personal possessions belonging to the Tenant at the end of the Tenancy.

11. LANDLORD'S COVENANTS

The Landlord covenants with the Tenant:

11.1. to give the Tenant possession of the Property at the start of the Tenancy;

11.2. to keep in repair and proper working order, in accordance with sections 11 to 14 of the Landlord and Tenant Act 1985:

11.2.a. the structure and exterior of the Property;

11.2.b. the installations in the Property for the supply of Utilities; and

11.2.c. the installations in the Property for space heating and water heating;

11.3. to keep in repair and proper working order any of the Contents, except where the damage or need for repair arises from the Tenant's failure to comply with the obligations of this Agreement;

11.4. that the Tenant, paying the Rent and performing the obligations under this Agreement, may quietly possess and enjoy the Property during the Tenancy without unlawful interruption by the Landlord or any agent of the Landlord;

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore.

11.6. to provide the Tenant with a valid Energy Performance Certificate, a current gas safety record (where applicable), the electrical installation condition report and the Government's "How to Rent" guide prior to or at the commencement of the Tenancy;

11.7. to hold appropriate landlord insurance in respect of the Property, a copy of which will be provided to the Tenant on request (the Tenant being responsible for any contents insurance the Tenant may choose to take out);

11.8. that no Rent shall be payable where the Property is destroyed or rendered uninhabitable by an insured risk, save where such destruction or damage was caused by the Tenant.

12. RECOVERY OF POSSESSION

12.1. The Landlord may recover possession of the Property at the end of the Term, or thereafter, by serving notice in accordance with section 21 of the Housing Act 1988.

12.2. The Landlord may seek possession during the Term where:

12.2.a. the Rent or any part of it is in arrears (whether formally demanded or not); or

12.2.b. there is a breach of any of the Tenant's obligations under this Agreement; and

12.2.c. any of the grounds for possession set out in Schedule 2 to the Housing Act 1988 apply,

in which case the Landlord may serve notice under section 8 of the Housing Act 1988 and apply to the court for an order for possession.

12.3. Nothing in this clause affects the rights of the Tenant under the Protection from Eviction Act 1977. The Landlord shall not recover possession of the Property except by obtaining a court order and lawfully enforcing it.

13. NOTICES

13.1. Any notice given under this Agreement must be in writing and may be served personally, sent by first class post or delivered to the relevant party at the address specified in this Agreement (or such other address as that party may notify in writing from time to time).

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing.

14. DEPOSIT PROTECTION

14.1. At the end of the Tenancy, the Landlord may, subject to the rules of the relevant tenancy deposit scheme, withhold all or part of the Deposit to cover any outstanding Rent or other sums due under this Agreement, and the Landlord's reasonable costs, damages or losses caused directly by the Tenant's breach of this Agreement.

14.2. The Landlord will inform the Tenant within 14 Calendar Days of the end of the Tenancy of any intention to withhold all or part of the Deposit.

14.3. Subject to any agreed deductions, the Landlord shall return the Deposit to the Tenant within the period required by the relevant scheme rules and, in any event, within 10 Calendar Days of agreement as to the sum to be repaid.

14.4. In accordance with sections 213 to 215 of the Housing Act 2004, the Deposit will be protected within 30 Calendar Days of receipt in the following Government-authorised tenancy deposit scheme: ________.

14.5. The prescribed information relating to the Deposit and the scheme (as required by section 213(5) and (6) of the Housing Act 2004) has been or will be provided to the Tenant within 30 Calendar Days of receipt of the Deposit.

14.6. Any interest accrued on the Deposit shall, subject to the scheme rules, accrue to the Landlord.

15. GUARANTOR'S COVENANTS

15.1. The Guarantor guarantees to the Landlord that the Tenant will pay the Rent.

15.2. The Guarantor guarantees to the Landlord that the Tenant will perform the Tenant's covenants under this Agreement.

15.3. If the Tenant fails to pay the Rent or to perform the Tenant's covenants, the Guarantor shall pay and perform the same and shall indemnify the Landlord on a full indemnity basis against all liability incurred or suffered by the Landlord as a result of the Tenant's default.

15.4. The Guarantor is a principal debtor and not merely a surety.

15.5. The Guarantor's liability shall not be reduced or discharged by any of the following:

15.5.a. any time or concession granted by the Landlord to the Tenant;

15.5.b. any delay by the Landlord in enforcing or demanding payment of Rent or performance of any covenant;

15.5.c. the Landlord exercising any right or remedy against the Tenant;

15.5.d. the Landlord taking, or failing to take, any step in connection with the Deposit.

16. DATA PROTECTION

The Landlord will process the Tenant's and Guarantor's personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018, only for purposes connected with the management of the Tenancy and compliance with the Landlord's legal obligations, including right to rent checks and deposit protection.

17. GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

18. THIRD PARTIES

Save as expressly provided, nothing in this Agreement confers any right on any person under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

19. EXECUTION

This Agreement has been entered into on the date of the last signature below.

SIGNED by the TENANT ________ SIGNATURE: __________________ WITNESS NAME: ________ WITNESS SIGNATURE: __________________ DATE: ________

SIGNED by the LANDLORD ________ SIGNATURE: __________________ WITNESS NAME: ________ WITNESS SIGNATURE: __________________ DATE: ________

SIGNED by the GUARANTOR ________ SIGNATURE: __________________ WITNESS NAME: ________ WITNESS SIGNATURE: __________________ DATE: ________

INVENTORY AND SCHEDULE OF CONDITION

This Inventory and Schedule of Condition relates to the Property at:

________

The following furniture and Contents are present at the Property as at ________ and are in the following condition:

________