DATE:
PARTIES:
1. The Landlord: Mr Francis Pettitt
2. The Tenant:
PROPERTY
The
flat at 3 Anson Place SE28 OHP together with the Fixtures, Furniture and Effects
in the Property listed in the Inventory signed by the parties
TERM
A fixed term of Six Months as from ...............
RENT
£ .......
per calendar month,
PAYABLE
in advance by equal payments on the 1st day of each calendar month.
FIRST
PAYMENT to be made on .................
1.
THE Landlord lets the Property to the Tenant for the Term at the Rent payable as
set out above.
2.
THIS Agreement creates an assured short hold tenancy within Part I Chapter II of
The Housing Act 1988. This means that when the Term expires the Landlord can
Recover possession as set out in section 21 of that Act unless the Landlord
gives The Tenant a notice under paragraph 2 of Schedule 2A to that Act.
3.
IF the Property burns down or the Tenant cannot live in it because of fire
damage, The Rent will cease to be payable until the Property is rebuilt or
repaired so that the Tenant can live there again. Any dispute about whether this
clause applies must be submitted to arbitration under Part I of the Arbitration
Act 1996.
4.
THE Tenant agrees with the Landlord -
(1)
To pay the Rent as set out above
(2)
(a) to pay any council tax, which the Tenant is obliged to pay under the Local
Government Finance Act 1992 or any regulations under that Act
(b)
To indemnify the Landlord in respect of any council tax which (during the
Tenancy) the Landlord becomes obliged to pay under that Act or those Regulations
because the Tenant ceases to live at the Property
(3)
To pay for all gas, electricity, water and sewerage services supplied to the
Property during the tenancy and to pay all charges for the use of any telephone
at The Property during the tenancy. Where necessary, the sums demanded by the
Service provider will be apportioned according to the duration of the tenancy.
The Sums covered by this clause include standing charges or other similar
charges and VAT as well as charges for actual consumption
(5)
To keep the interior of the Property, the internal decorations and the Fixtures,
Furniture and Effects in good repair and condition (except for damage caused by
Accidental fire and except for anything which the Landlord is liable to repair
under This Agreement or by law) and to replace if necessary any items of the
Fixtures, Furniture and Effects, which have been damaged or destroyed
(6)
To allow the Landlord or anyone with the Landlord's written authority to enter
The Property at reasonable times of the day to inspect its condition and state
of Repair, if the Landlord has given 24 hours' written notice beforehand
(7)
To use the Property as a private dwelling house only. This means the Tenant must
not carry on any profession, trade or business at the Property and must not
allow anyone else to do so
(8)
Not to alter or add to the Property or do or allow anyone else to do anything on
The Property, which might increase the fire insurance premium
(9)
Not to do or allow anyone else to do anything on the Property, which may be a
Nuisance to, or cause damage or annoyance to, the Landlord or the tenants or
Occupiers of any adjoining premises
(10)
Not to assign or sublet the Property and not to part with possession of the
Property in any other way
(11)
To give the Landlord a copy of any notice given under the party wall etc. Act
1996 within seven days of receiving it and not to do anything as a result of the
notice unless required to do so by the Landlord
(12)
At the end of the Term or earlier if the tenancy comes to an end more quickly To
deliver the Property up to the Landlord in the condition it should be in if the
Tenant has performed the Tenant’s obligation under this Agreement
(13)
Not to remove any of the Fixtures, Furniture and Effects from the Property and
to leave the Furniture and Effects at the end of the tenancy where they were at
the Beginning
(14)
During the last twenty-eight days of the tenancy to allow the Landlord or the
Landlord's agents to enter and view the Property with prospective tenants at
Reasonable times of the day.
5.
IF the Tenant -
(1)
Is at least fourteen days late in paying the Rent or any part of it, whether or
not The Rent has been formally demanded, or
(2)
Has broken any of the terms of this Agreement
Then,
subject to any statutory provisions, the Landlord may recover possession of The
Property and the tenancy will come to an end. Any other rights or remedies the
Landlord may have will remain in force.
Note:
The Landlord cannot recover possession without an order of the court under The
Housing Act 1988.
Note:
This clause does not affect the Tenant's rights under the Protection from
Eviction Act 1977.)
6.
THE Landlord agrees with the Tenant -
(1)
That the Tenant has the right to possess and enjoy the Property during the
Tenancy without any interruption from the Landlord or any person claiming
through or in trust for the Landlord. But:
(a)
This clause does not limit any of the rights under this Agreement, which the
Tenant has agreed to allow the Landlord to exercise;
This
clause does not prevent the Landlord from taking lawful steps to
Enforce
his rights against the Tenant if the Tenant breaks any of the terms of This
Agreement
(2)
To pay and indemnify the Tenant against all charges in respect of the Property
Except those which by the terms of this Agreement the Tenant has expressly
agreed to pay.
7.
IF section 11 of the Landlord and Tenant Act 1985 applies to the tenancy, the
Tenant’s Obligations are subject to the effect of that section.
(Note:
As a general rule, section 11 applies to tenancies for a term of less than seven
Years. It requires the Landlord to carry out certain repairs to the Property.)
8.
WHERE the context admits -
(1)
"The Landlord" includes the successors to the original landlord
(2)
"The Tenant" includes the successors to the original tenant
(3)
"The Property" includes any part of the Property or the Fixtures,
Furniture and Effects.
NOTICE
OF LANDLORD'S ADDRESS
The
Landlord notifies the Tenant that the Tenant may serve notices (including
notices in Proceedings) on the Landlord at the following address:
(This
notice is given under section 48 of the Landlord and Tenant Act 1987. The
address must be in England or Wales.)
AS
WITNESS the hands of the parties on the date specified above
SIGNED
by the above-named
(The
Landlord)
In
the presence of
SIGNED
by the above-named
(The
Tenant)
DATED
FURTHER
CLAUSES
The
Tenant Hereby agrees:
I)
Not to keep birds, pets or animals at the property.
2)
Not to make any noise or play any audio, TV, hi-fi equipment or musical
instrument in or about the property so as to be audible outside the premises.
3)
To pay an additional £20.00 when rental is received after the rent due date
(late payments), and that interest will be payable on rent Arrears at a rate of
4% above the prevailing Bank of England Base Rate and calculated daily.
4)
That a payment of £25.00 will be made for uncleared or returned cheques.
5)
To report all damage to the premises and the said effects whether accidental,
malicious or otherwise, to the Landlord within twenty
Four
hours of occurrence.
6)
Not to bring or allow remaining upon any part of the premises or the passages or
staircase leading thereto any disorderly immoral or Disreputable person.
7)
Not to allow any other person/s to reside at the property.
8)
That if the property is permanently vacated by the Tenants at the Tenant's own
request before the last day of the term, the Tenant/s Shall remain liable to pay
the Landlord the full unpaid balance of the rent receivable by the Landlord had
this agreement run the full Term.
9)
That at the end of a the fixed term one months written notice is required to
terminate the tenancy hereby created. And that if the
Tenancy
becomes periodic at the end of the fixed term then one months written notice is
required from the rent due date.
10)
That the Landlord may increase the rental at the end of the fixed term agreement
and any subsequent rental agreements.
I
1) that all keys must be returned to the Landlord or his agents by 7.00 pm on
the expiry date of the Tenancy.
12)
to inform the Landlord or the agent of their forwarding address prior to
vacating of the property.
13)
To inform the utility companies of their forwarding address and arrange for
meters to be read.
14)
Should the electricity supply be disconnected, fridge and freezer appliances
must be defrosted, cleaned and left open.
15)
All property belonging to the Landlord must be left in the rooms in which it was
found in.
16)
The Security Deposit shall be security for the Landlord for:
I)
Any sum which may become payable to the Landlord by the Tenant
ii)
The due performance of the Tenants agreements under this agreement
iii)
Any unpaid accounts for gas or electricity consumed or for council tax,
telephone, water rates charges and than landlord;
Shall
be entitled to discharge such accounts on behalf of the Tenant.
iv)
Any expenses incurred as a result of the Tenant failing to return any of the
keys to the Landlord.
17)
Where Housing Benefit payments are paid directly to the Landlord or his Agent
the Tenant/s must notify the Landlord or his agent in Writing of any change in
circumstance, which may affect entitlement to benefit.
18)
To surrender the premises in a state fit for new occupants and agree that any
damage to the property or its contents or any necessary
Cleaning
will be deducted from the Security Deposit.
19)
That any refund of the Security Deposit, which may become due will be the
responsibility of the Landlord
Signed:
Witnessed
by: ………Dated...