Tenancy Agreement (Northern Ireland) - Template Form Pro · UK-law

TENANCY AGREEMENT

for the Private Rented Sector in Northern Ireland
(governed by the Private Tenancies (Northern Ireland) Order 2006 and the Private Tenancies Act (Northern Ireland) 2022)

This TENANCY AGREEMENT (the "Agreement") is made on ________.

§ 1. PARTIES

A. Landlord:

________ whose address is at:

________

Landlord's registration number (Landlord Registration Scheme (Northern Ireland)): ________ (hereafter "the Landlord").

B. Tenant:

________ of:

________

(hereafter "the Tenant").

C. Guarantor:

________ whose address is at:

________

(hereafter "the Guarantor").

The parties have agreed and do hereby agree as follows:

§ 2. DEFINITIONS AND INTERPRETATION

A. Definitions

I. "Agreement" means this tenancy and any document supplemental thereto, expressed to be collateral herewith, or entered into in accordance with this Agreement;

II. "Property" means the property owned by the Landlord as specified at § 3 (THE PROPERTY);

III. "Common Areas" means the common areas and parts of the Property, rights of access and other common facilities within or used in connection with the Property, including the structure and exterior of the building of which the Property forms part, whether or not owned by the Landlord;

IV. "Landlord" means the person or persons specified as Landlord and any and all persons deriving title from the Landlord;

V. "Tenant" means the person or persons designated as Tenant under this Agreement and, where permitted, any assignees or sub-tenants and any personal representatives of the Tenant;

VI. "the period of this Agreement" means the duration for which the tenancy of the Property is granted to the Tenant as specified in this Agreement together with any continuation thereof;

VII. "the start date of this Agreement" means ________;

VIII. "Furniture and Fittings" means the fittings, furniture, furnishings and other items present in the Property in accordance with the latest inventory signed by the Landlord and the Tenant, such inventory to be prepared by the Landlord and signed by both parties at the commencement of this Agreement;

IX. "Data Protection Laws" means all laws, statutes, regulations and rules applicable to the processing of personal data to which a party is subject, including the UK General Data Protection Regulation and the Data Protection Act 2018 and any modification thereof;

X. "Jointly and Severally Liable" means that, where there is more than one Tenant, each Tenant is fully and jointly liable for the obligations of all other Tenants under this Agreement, and where there is more than one Landlord, each Landlord is fully liable for the obligations of the other Landlord(s) to the Tenant under this Agreement;

XI. "Rent" means the amount payable by the Tenant to the Landlord as set out in this Agreement;

XII. "Guarantor" means a third party, requested by the Landlord, who shall meet any obligation and pay any rent in arrears where the Tenant fails to do so, and against whom the Landlord may take legal action to recover any rent or obligation not met by the Tenant.

B. Interpretation

I. Words importing one gender include all other genders.

II. Words importing the singular include the plural and vice versa; where two or more persons are included in the expression "the Tenant", their obligations under this Agreement are binding jointly and severally on them and their respective representatives and executors.

III. Words importing persons, where that person is not a Tenant, include companies and vice versa.

IV. Any reference to legislation includes any modification, re-enactment, amendment or extension thereof for the time being in force and all orders, regulations, directions and instruments made thereunder.

V. Where an obligation provides for the Tenant not to do an act, it includes an obligation not to permit such act and to prevent it being done by a third party.

VI. Any reference to the consent or approval of the Landlord means consent or approval in writing executed by or on behalf of the Landlord.

VII. Any reference to the Landlord's right of access extends to any persons authorised on the Landlord's behalf, including workmen, contractors, agents and professional advisors.

§ 3. THE PROPERTY

A. The Property let under this Agreement is at the following address:

________

B. The following other areas and/or facilities are included with the Property:

________

C. No rent shall be payable for any areas or facilities not expressly described in this Agreement.

§ 4. PERIOD OF THE AGREEMENT

A. The tenancy of the Property by the Tenant shall commence on ________.

B. The Tenant shall be permitted to occupy the Property from the start date for a fixed term of ________ until ________. Where neither party gives a valid notice to quit before the end of the fixed term, this Agreement shall continue on a periodic (monthly) basis until terminated in accordance with the statutory notice periods set out in the Private Tenancies (Northern Ireland) Order 2006 (as amended).

§ 5. USE AND OCCUPATION OF THE PROPERTY

A. The Tenant agrees to occupy the Property as their only or principal residential home.

B. The Tenant shall not carry on any business, profession or trade from the Property without the Landlord's prior written permission.

C. Where the Tenant is to be absent from the Property for more than fourteen consecutive days, the Tenant shall notify the Landlord and take all reasonable steps to ensure the Property is secure and safeguarded against frost, flooding or other preventable damage.

§ 6. RENT

A. Throughout the period of this Agreement the Tenant shall pay rent to the Landlord on a monthly basis.

B. The Tenant shall pay rent of £________ (________) per month.

C. The first payment of rent shall be paid on or before ________. Thereafter rent shall be paid monthly on the ________ day of each month, each payment covering the month immediately following.

D. The Tenant shall pay the Landlord by: ________. This shall be the standard method of payment. Another method may be used in reasonable circumstances where agreed with the Landlord in advance.

E. The Landlord shall provide the Tenant with a rent book, as required by the Rent Book Regulations (Northern Ireland) 2007, within 28 days of the start date of the tenancy.

F. The Landlord shall not increase the Rent otherwise than in accordance with the rent increase provisions and frequency limits imposed by the Private Tenancies Act (Northern Ireland) 2022.

§ 7. DEPOSIT

A. The Tenant shall pay a deposit of £________ (________) to the Landlord on or before ________. The deposit shall not exceed one month's rent as limited by the Tenancy Deposit Schemes Regulations (Northern Ireland) 2012. The Tenant shall be provided with a receipt and the deposit shall bear no interest.

B. The Landlord shall protect the deposit in an approved tenancy deposit scheme within 28 days of receipt and provide the Tenant with the prescribed information within the period required by the Tenancy Deposit Schemes Regulations (Northern Ireland) 2012. The scheme used shall be: ________.

C. Where the Tenant fails to meet any cost or payment due under this Agreement, the Landlord may apply for reasonable sums to be deducted from the deposit, including unpaid rent, charges for services, unpaid bills relating to the Property, and the cost of repairs and cleaning attributable to the Tenant or persons connected to them, beyond fair wear and tear.

D. Where all or part of the deposit remains at the end of the tenancy, the Landlord shall request its release from the scheme. Where the amount is disputed, the scheme's dispute resolution service shall apply.

E. Where the Tenant owes more than the deposit at the end of the tenancy, the Tenant shall remain liable for the outstanding amount and the Landlord may take legal action to recover it.

§ 8. RATES AND UTILITY BILLS

A. Utilities. All rent due under this Agreement is exclusive of utility bills. The Tenant shall be responsible for the cost of all utilities (electricity, water, gas and any other services used at the Property) unless otherwise stated here: ________.

B. Rates and local charges.

I. Where the Tenant is liable to pay rates and associated charges to Land & Property Services or the local council, it shall be the Tenant's responsibility to notify the relevant authority. Such sums are not included in the rent.

II. Where the Tenant is exempt from paying rates or associated charges, the Tenant shall notify the relevant authority at the commencement of the tenancy.

§ 9. INSURANCE

A. The Landlord shall at all times insure and keep insured the Property against the normal insured risks for the full reinstatement value thereof, and shall on reasonable request produce evidence of cover to the Tenant.

B. The Tenant shall be responsible for insuring their own belongings. The Landlord has no obligation to insure the Tenant's contents.

§ 10. ASSIGNMENT AND SUBLETTING

A. Without the Landlord's prior written permission, the Tenant shall not: sublet the Property or any part thereof; assign their rights under this Agreement; take in a lodger or any other person not named in this Agreement; or part with possession of the Property to any other person.

§ 11. OTHER RESIDENT PERSONS

A. The Tenant must notify the Landlord in writing of any person aged sixteen or over who is resident in the Property as their only or main home, including that person's name and relationship to the Tenant, and must notify the Landlord in writing when such person leaves. Failure to do so shall be a breach of this Agreement.

B. The Tenant shall ensure that any person resident with them complies with this Agreement as if they were a tenant, and shall be liable for that person's breaches and for any costs to repair, replace or renew any part of the Property.

C. Where the Tenant permits a person to reside in the Property such that it becomes an unlicensed House in Multiple Occupation (HMO) within the meaning of the Houses in Multiple Occupation Act (Northern Ireland) 2016, the Tenant shall be liable for any reasonable costs incurred by the Landlord as a result.

§ 12. TENANT'S OBLIGATIONS

A. The Tenant shall pay the rent at the times and in the manner stated, without retention, deduction or set-off save as permitted by law.

B. The Tenant shall not engage, and shall ensure that persons resident with or visiting them do not engage, in anti-social behaviour at the Property or towards neighbours, the Landlord, agents, contractors or any other person. Anti-social behaviour shall be a ground for termination of this Agreement.

C. The Tenant agrees to take reasonable care of the Property and common parts and in particular to:

I. keep the Property aired and heated;

II. be liable for repairs where damage is attributable to the fault or negligence of the Tenant or any person residing with or visiting them;

III. not bring hazardous or combustible goods into the Property, save the normal and safe use of household gas and petroleum products;

IV. not put oil, grease or other damaging material down drains, waste pipes or sanitary appliances;

V. keep the Property clean and in good working order and the fixtures, fittings and furniture in good condition;

VI. dispose of rubbish appropriately and not store it in common areas;

VII. prevent water pipes freezing in cold weather;

VIII. avoid danger to the Property or neighbouring property by fire or flooding;

IX. not tamper with any smoke, carbon monoxide or heat detectors or fire alarm system;

X. not tamper with any locks or door-closing mechanisms;

XI. immediately notify the Landlord of any structural damage or defects;

XII. not change or add locks without the Landlord's prior written permission, and where replacement of keys or locks is necessary due to the Tenant's fault, to cover the cost;

XIII. not mistreat, nor permit any person to mistreat, the furniture or furnishings provided;

XIV. not keep any pets in the Property without the Landlord's prior written permission;

XV. not make any alterations to the Property, its fixtures or fittings, nor any external alterations, without the Landlord's prior written permission;

XVI. keep any garden in good order;

XVII. keep the interior properly decorated, with the Landlord's written approval of any colour scheme;

XVIII. not access the roof or attic without the Landlord's express written permission, save in an emergency;

XIX. ensure that at termination the Property is cleaned to a high standard and carpets, curtains and similar fabrics are free from stains beyond fair wear and tear.

§ 13. LANDLORD'S WARRANTY (QUIET ENJOYMENT)

A. Provided the Tenant fulfils its obligations and pays the rent, the Tenant may peaceably hold and enjoy the Property during the period of this Agreement free from lawful interruption by the Landlord or any person claiming through the Landlord.

§ 14. LANDLORD ACCESS TO PROPERTY

A. The Tenant agrees to allow the Landlord access from time to time on no less than forty-eight hours' written notice, for repairs, inspection, valuation, or to permit contractors to carry out works.

B. In an emergency the Landlord may effect entry without notice where access is not made available or the Tenant is absent.

C. Once notice to quit has been given, the Tenant shall permit prospective tenants to view the Property at reasonable times on prior notice, and to permit a "To Let" or "For Sale" board to be displayed where required.

§ 15. REPAIRS AND MAINTENANCE

A. The Tenant accepts the Property as in good tenantable order and condition.

B. The Landlord shall, in accordance with Article 40 of the Private Tenancies (Northern Ireland) Order 2006 and the fitness standard under the Private Tenancies Act (Northern Ireland) 2022:

I. keep the Property wind and watertight and fit for human habitation, save where any defect is caused by the Tenant;

II. keep the structure and exterior in good repair, including drains, gutters, downpipes, roof, external walls, doors, windows, common stairways, chimneys, pathways, plasterwork and boundary walls and fences, so far as within the Landlord's control;

III. keep in repair and proper working order the installations for the supply of water, gas, electricity, heating, water heating and sanitation, except where impairment is caused by the Tenant or installations supplied by the Tenant;

IV. replace or repair within a reasonable time any fixtures, fittings or furnishings supplied by the Landlord that become defective, save where caused by the Tenant.

C. The Tenant shall notify the Landlord immediately of any need for repair and the Landlord shall carry out such repairs within a reasonable time.

D. The Tenant shall be responsible for the cost of repairs caused by the fault or negligence of the Tenant or any person for whom the Tenant is legally responsible.

E. The Landlord shall comply with all statutory obligations relating to gas safety (Gas Safety (Installation and Use) Regulations 1998), electrical safety and the provision of an Energy Performance Certificate, and shall ensure working smoke and carbon monoxide alarms are provided.

§ 16. CONTENTS AND CONDITION

A. The Tenant agrees that the Inventory and Record of Condition supplied no later than the start date of the tenancy on ________ is a complete and accurate reflection of the contents and condition of the Property at the start date.

B. On receipt of the Inventory, the Tenant shall sign confirming receipt and shall have 14 days from the start date to either:

I. notify the Landlord in writing of any discrepancies for amendment; or

II. take no action, in which case after 14 days the Tenant shall be deemed satisfied that the Inventory is accurate.

C. Where any contents are destroyed, damaged, removed or lost during the tenancy through the actions of the Tenant or persons connected to them, the Tenant shall be liable for replacement or repair. The Tenant shall not be liable for reasonable wear and tear. Replacement items shall be of equivalent value and quality.

§ 17. SMOKING

A. The Tenant shall not smoke, nor permit visitors or other resident persons to smoke tobacco or any other substance, in the Property or any part thereof.

§ 18. GUARANTOR'S OBLIGATIONS

A. In consideration of the Landlord entering into this Agreement, the Guarantor covenants with the Landlord that the Tenant will pay the Rent and comply with all the Tenant's obligations, and that in the event of default the Guarantor will pay the rents, comply with those obligations and indemnify the Landlord on a full indemnity basis for all liability incurred as a result of that default.

B. As between the Landlord and the Guarantor, the Guarantor is a principal debtor and not merely a surety.

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

I. any time, indulgence or concession granted by the Landlord;

II. any dealing with, varying or failure to enforce any security available to the Landlord;

III. any right of set-off, counterclaim or deduction accruing to the Tenant or Guarantor;

IV. any non-acceptance of rent where the Landlord suspects a breach;

V. any waiver by the Landlord of a right to forfeit; or

VI. the end of the fixed term of this Agreement.

§ 19. TERMINATION OF THE AGREEMENT

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 magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§ 20. TENANT'S NOTICE TO QUIT

A. The Tenant may end this Agreement (subject to any fixed term) by giving the Landlord written notice to quit of the statutory minimum period: at least 4 weeks where the tenancy has lasted 12 months or less, and at least 12 weeks where the tenancy has lasted more than 12 months, or such longer period as the law from time to time requires. The notice must be in writing and the tenancy shall end on the date specified, or on an earlier date if the parties agree in writing.

§ 21. LANDLORD'S NOTICE TO QUIT

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 magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§ 22. NOTICES

A. Any notice under this Agreement shall be in writing and may be served personally or sent by first class post to the relevant party at the address specified in this Agreement, or to such other address as a party may notify the other in writing.

B. Any notice sent by post shall be deemed served on the second working day following posting. Any notice served personally shall be deemed served at the time of delivery. A notice on the Tenant may be served by leaving it at the Property or sending it to the Tenant at the Property by first class post.

§ 23. PROVISOS

A. The Tenant shall indemnify the Landlord against all actions, proceedings, charges, costs, claims and demands suffered or incurred by the Landlord as a result of:

I. any use of the Property or any defect therein, or any additions or alterations made by the Tenant;

II. any interference with or obstruction of a right of light, drainage, air or other right benefiting neighbouring property; and

III. any breach of the Tenant's obligations under this Agreement;

provided that nothing in this clause shall require the Tenant to indemnify the Landlord against liability arising from the Landlord's own negligence or default, and nothing in this Agreement shall exclude or restrict liability for death or personal injury resulting from negligence, or any liability which cannot lawfully be excluded.

B. Any demand for or acceptance of rent by the Landlord with knowledge of a breach by the Tenant shall not be a waiver, wholly or partly, of that breach, which shall be treated as a continuing breach.

C. Save in respect of the Landlord's negligence or breach of statutory duty, the Landlord shall not be liable to the Tenant or persons connected to them for any personal injury, death, loss, damage or expense sustained at the Property, or arising from the act or omission of the proprietors, tenants or occupiers of neighbouring property.

§ 24. CONSUMER RIGHTS AND UNFAIR TERMS

A. Nothing in this Agreement shall operate to exclude or restrict the Tenant's statutory rights, and the terms of this Agreement shall be construed and applied subject to the Consumer Rights Act 2015. Any term found to be unfair within the meaning of that Act shall not be binding on the Tenant.

§ 25. DATA PROTECTION

A. The Landlord shall process the Tenant's personal data only in accordance with the Data Protection Laws and for the purposes of administering this tenancy, complying with legal obligations and protecting the Landlord's legitimate interests.

§ 26. SEVERABILITY

A. Where any clause of this Agreement is found by a court or competent authority to be unlawful or unenforceable, that clause shall be severed from the remainder of the Agreement, and the remaining clauses shall continue in full force and effect to the fullest extent permitted by law.

§ 27. GOVERNING LAW AND JURISDICTION

A. This Agreement shall be governed by and construed in accordance with the law of Northern Ireland, and any dispute shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.

§ 28. EXECUTION

Signed by the parties on the date stated below. IN WITNESS WHEREOF the parties have executed this Agreement.

_______________________________
Signature of Tenant: ________

Date: ________

_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS): ________

Address of Witness: ________

Date: ________

_______________________________
Signature of Landlord: ________

Date: ________

_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS): ________

Address of Witness: ________

Date: ________

_______________________________
Signature of Guarantor: ________

Date: ________

RENT BOOK

made in accordance with the

Rent Book Regulations (Northern Ireland) 2007

A. The Tenant has been made aware of their liability for rates and other associated charges.

B. The Tenant has been made aware of their right to issue a Notice to Quit and the requirement for due process before possession may be recovered.

1. PROPERTY DETAILS

Name of Tenant: ________

Tenancy Start Date: ________

The address of the Property is:

________

2. LANDLORD DETAILS

Name of Landlord: ________

Address of Landlord:

________

Landlord Telephone Number: ________

Landlord Registration Number: ________

3. RENT AND RATES

Rent payable by the Tenant excluding rates: £________ per month

The Tenant is responsible for ensuring that the correct amount of rates is paid for the Property.

The Landlord shall not be held liable for any debts incurred by the Tenant due to non-payment of rates or other charges owed to the relevant authority.