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TENANCY AGREEMENT
To: NAMED TENANTS
Your proposed tenancy: PROPERTY ADDRESS
Rent: MONTHLY RENTAL CHARGE
A. Your tenancy for 'x' number of persons residing at PROPERTY ADDRESS
will begin on July1st 2010.
B. To secure the tenancy, an individual bond of £300 per person
is required .
C.The Tenancy agreement has to be signed by all the tenants at the
same time in front of a witness.
D. Rent per tenant is due every month
until the end of the tenancy.
E. Each tenant will set up a standing order to Abaris Properties
for theit rent to be paid on the 1st of each month - Abaris'
Bank details available upon request.
F. Your bond cannot be used as your last month's rent. The bond
is required as insurance against any possible damage to the property.
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1. The Landlord lets and the Tenant(s) take the property for an
agreed term of 12 months and at the rent stated in this Agreement.
It is agreed future rental payments will be paid by on the due dates
specified each month during the term of the tenancy. 2. This Agreement
is intended to create an Assured Shorthold Tenancy as defined in
Section 19A of the Housing Act 1988 (as amended) by the Housing
Act 1996 and the provisions for the recovery of possession by the
Landlord in Section 21 thereof apply accordingly. 3.Possession of
the property may be brought to an end under Gnd 1 of Schedule 2
of the Housing Act 1988. 4. The Landlord includes the persons for
the time being entitled in reversion expectant of the tenancy. 5.The
Tenant(s) includes the person(s) deriving title under the Tenancy. 6.
The Tenant(s) shall pay to the Landlord either before or upon the
signing of this Agreement the amount of the deposit/bond.
7. References to the property include references to any part or
part of the property and to fixtures, furniture and effects therein.
TENANCY OBLIGATIONS
1.0 The Tenant(s) obligations are:-
1.1 To pay the rent to the Landlord at the times and in the manner
specified on the due rent dates.
1.2 To pay for all gas and electricity consumed on or supplied to
the property during the term of the tenancy and for all charges
made for the use of the telephone (if any) in the property during
the term. The Tenant(s) also agree to pay the water rates (or if
the supply is metered all charges made for the use of water), council
tax, community charge or similar tax or levy payable by the Landlord
in respect of the property. The Tenant(s) will be responsible for
the re-connection fee relating to the telephone and also for the
re-connection charges relating to the supply of gas, electricity
or any other utility if these are disconnected due to non-payment
of bills by the Tenant(s).
1.3 Not to use the property for any illegal or immoral purposes.
Not to hold or permit to be held any political or religious meeting
in the property or any other part of the property. Not to use the
premises for dancing, music or singing lessons or practice providing
that this clause shall not prohibit prayer meetings twice daily
over a period of seven days following the funeral of any of the
Tenant(s).
1.4 Not to assign, sublet or part with possessions of the property
or any part of the property under any circumstances. Not to take
in any lodger or paying guest under any circumstances.
1.5 Not to carry on or permit to be carried on at the property any
professional trade, manufacture or business or hold any sale by
auction from or in the premises or occupy the same or any part thereof
for any unlawful, immoral, noisy or noxious purposes. Not to do
or allow to be done in or upon the property any act or thing which
may annoy or tend to cause annoyance, nuisance, damage or danger
to the occupants of other properties. To keep and use the property
as a residential property at all times.
1.6 Not to damage or injure the property or to make any alterations
or additions to the property. Permission must be obtained from the
Landlord or the Landlords Agent prior to affixing picture hooks
or shelves. The Tenant(s) agree not to hang any poster/pictures
on the walls or other surfaces with nails, screws, pins, blue tac,
adhesive or any other item without the prior permission of the Landlord
or the Landlords Agent.
1.7 To permit the Landlord or the Landlordís Agents upon
giving 24 hours notice (except in the case of an emergency, when
no notice shall be required) to enter the property with or without
workmen, equipment and materials and to view the state and condition
thereof and, if necessary, to carry out any repairs, alterations
or any other work.
1.8 To keep the interior of the property during the term of the
tenancy in as good and clean state of repair, condition and decoration
as the property is in upon commencement of the term (fair wear and
tear excepted).
1.9 To make good all damage and breakageís to the property
which may occur during the term (fair wear and tear excepted).
1.10 To secure all locks and bolts to the windows and doors when
exiting the property. If fitted the burglar alarm must be switched
on when the property is left unattended.If the alarm is code operated
it is essential the code is not changed by the Tenant(s) as in the
event an emergency should arise with the property it may be necessary
for the Landlord, the Landlords Agent or maintenance contractors
acting on behalf of the Landlord, to enter the property without
prior notification to the Tenant(s).
1.11 A fee in the amount of £35.00 will be incurred by the
Tenant(s) for the replacement of lost keys. The Tenant(s) will be
responsible for all costs incurred in the fitting of a new lock.
If the key to the security entrance door (applying to flats) is
lost the Landlord must be notified immediately.
1.12 To ensure the heating is left on in the property during cold
weather or if the property is left unoccupied (for the prevention
of burst pipes). The property must not be unoccupied for a period
in excess of twenty one days without the prior written consent of
the Landlord or the Landlords Agent and in the event of consent
being granted the Tenant(s) shall make arrangements to turn off
and drain down the water supply together with the central heating
system (if installed) after turning off all heating and water appliances,
to avoid leakage or frost damage.
1.13 Locks must not be changed in the property without the written
consent of the Landlord or the Landlords Agent. The Landlords Agent
must be notified immediately if a problem arises with the locks
or in the event of keys to the property being lost. Duplicate keys
must not be cut without the consent of the Landlord or the Landlords
Agent.
1.14 Televisions, radios, hi-fis or musical instruments must not
be played so loud as to be audible to any neighbouring property
or communal hallways, entrances etc. Not to use any washing machine,
spin dryer or other domestic appliance or other apparatus of any
kind so as to cause annoyance, nuisance or inconvenience to the
other occupiers of neighbouring properties. If the property is a
flat please do not operate the washing machine between the hours
of 11.00 p.m. and 7.00 a.m.
1.15 All doors, staircases, halls etc. must be used quietly between
the hours of 11.00 p.m. and 7.00 a.m. so as not to cause any disturbance
or annoyance to the occupiers of other properties. Items must not
be left in hallways, staircases, landings etc. which may cause an
obstruction.
Vehicle doors must be closed quietly.
1.16 No electrical wiring, plumbing, gas installation, telephone
installation may be altered, extended or disconnected without the
prior consent of the Landlord or the Landlords Agent.
1.17 No television satellite dishes or aerials are allowed to be
affixed to the interior or exterior of the property without permission
of the landlord..
1.18 To preserve the fixtures, furniture and effects from being
destroyed or damaged and not to remove any items from the property.
1.19 To ensure at the end of the tenancy all such items are returned
to the rooms as shown in the inventory. If the person(s) employed
to carry out the inventory check has to make a repeat visit to the
property a fee in the amount of £40.00 will be incurred by
the Tenant(s). If any items of furniture etc. are not left in their
correct place as stated in the inventory the Tenant(s) will be charged
a fee in the amount of £5.00 per item to move the relevant
item to its correct place.
1.20 Not to darken or obstruct any windows or light belonging to
the building.
1.21 The Tenant(s) will be responsible for arranging insurance cover
in respect of personal effects taken into the property.
1.22 To pay for the washing and ironing of curtains and any other
furnishings which may have become soiled during the term of the
tenancy (fair wear and tear excepted).
1.23 Not to display any poster, advertisement, notice or other writing
of any description so as to be visible outside the property.
1.24 To provide the Landlord or the Landlords Agent with details
of any notice, order or proposal relating to the property (or any
building of which the property forms part of).
1.25 To ensure any condensation is wiped up immediately to avoid
damage to the property, its decorations, furniture, fixtures and
effects.
1.26 To report to the Landlord or the Landlords Agent promptly any
defects in the property which it is the duty of the Landlord to
repair.
1.27 Not do or suffer to be done in the property anything which
may be or become a nuisance to the Landlord or Tenant(s) of adjoining
properties or which may vitiate any insurance policies or increase
the insurance premiums.
1.28 To notify the Landlord or the Landlords Agent immediately of
any broken glass and to keep all parts of the property including
fixtures, fittings and decorations in good condition (fair wear
and tear excepted).
1.29 To pay the reasonable replacement cost of all or any part of
the fixtures and fittings which may be broken, lost, damaged or
destroyed by the Tenant(s).
1.30 Upon the Landlord or his Agent giving to the Tenant(s) notice
in writing of any failure to repair, amend, restore, paint, clean
and make good the interior of the property and the furniture fixtures
and effects (if any) within one month after service of the Notice
and if the Tenant(s) fail to execute the work within the period,
to permit the Landlord or his Agents or Contractors to enter upon
the property and carry out any work necessary and to pay to the
Landlord reasonable costs for the work.
1.31 To permit the Landlord or the Landlords Agent during the last
6 months of the tenancy to view the property with prospective tenants
or purchasers. Wheneever possible. twenty four hours notice will
be given in this respect.
During this period the property must be maintained in a cleaned
and tidy condition so as not to deter prospective tenants.
1.32 Caravans or trailers must not be parked outside the property.
Tenants are not to abandon or leave any untaxed vehicle outside
the property.
No vehicle or parts of a vehicle or motor cycle are permitted to
be kept in the property or communal hallways or staircases under
any circumstances.
1.33 The Landlord or the Landlords Agent will not permit the deposit
to be used in lieu of payment of rent in the event the tenancy period
is extended.
1.34 The ending of the tenancy mid-term by the Tenant(s) will result
in the payment by the Tenant(s) of all out of pocket expenditure
incurred by the Landlord or the Landlords Agent in introducing a
new Tenant(s) to the property.
In all cases the Tenant(s) will be responsible for all rental payments
until
expiry of the Tenancy Agreement or the re-letting of the property,
whichever is the sooner.
The Tenant(s) will also be responsible for continuing payment of
all telephone charges and additional utility charges until the expiry
of the Tenancy Agreement or the re-letting whichever is sooner.
1.35 The Tenant(s) must be aware that the Landlord does NOT allow the use of CANDLES anwhere in the property under any circumstances. Candles lit and left unattended are a major
fire risk to
the contents of the property and to the building. The Tenant(s)
will be responsible for the payment of any damage caused by the
use of candles.
1.36 All fixtures,fittings, furnishings and decorations in the property
are as stated in the inventory prepared for the property. A copy
of the inventory will be passed to the Tenant(s) to check, sign,
date and return to Streets Ahead. The inventory will be signed by
Streets Ahead on behalf of the Landlord and a copy will be returned
to the Tenant(s). Tenant(s) please note if you are not in receipt
of a copy of the inventory signed by Streets Ahead, when you vacate
the property the original inventory will stand as being accepted
and you will be held responsible for any items missing or damage
occasioned to items listed in the inventory.
1.37 Not to store or bring into the property any article, substance
or liquid of a specially combustible, inflammable or explosive nature.
1.38 Not to throw any dirt, rubbish, rags or other refuse into the
sinks, baths, lavatories, cisterns or waste or soil pipes in the
property.
1.39 The smoke alarm(s) in the property must be tested during the
term of the tenancy by the Tenant(s). Replacement batteries will
be the responsibility of the Tenant(s).
1.40 Not to place or suspend or permit to be placed or suspended
any excessive weight on or from the floors, ceilings or walls of
the property which may be or become dangerous or a nuisance or cause
scandal or annoyance to the occupiers of other properties.
1.41 To deposit rubbish and refuse only in the refuse container(s)
provided.
1.42 Not to permit any wastage or overflow of water at the property
nor to permit or suffer any water or other liquid to soak through
the floors of the property or adjoining properties. The Tenant(s)
must take precautions to ensure taps are not left on to prevent
water overflowing to adjoining properties.If damage is occasioned
due to the negligence on the part of the Tenant(s) the Tenant(s)
will be held liable for the costs incurred.
1.43 To keep all windows in the property adequately curtained and
not to throw anything out of the windows of the property.
1.44 Not to overload or strain any part of the property or set up
any machinery or apparatus thereon other than the usual domestic
appliances.
1.45 Not to obstruct or leave any article or thing in the common
parts of the building (if any).
1.46 Not to permit any laundry to be hung or spread out from any
windows or balcony or other exterior parts of the property apart
from on washing lines in the private garden (if any)
1.47 Not to use the loft, cellar or garage (if any) belonging to
the property for placing in any of the Landlords contents without
the written consent of the Landlord or the Landlords Agent.
1.48 The Landlord or the Landlords Agent will be entitled to make
a charge (reasonable) if attendance is required at the property
due to the loss of keys or the Tenant(s) being locked out. If attendance
at the property is required due to the foregoing between the hours
of 7.00 p.m. and 9.00 a.m. a fee in the amount of £50.00 will
be charged to the Tenant(s) for this service.
1.49 If a visit has to be made to the property by the Landlord or
the Landlords Agent in respect of rent arrears a fee in the amount
of £45.00 per visit will be paid by the Tenant(s).
If any payment of rent is not made on the due date, an administration
fee in the amount of £25.00 will be incurred by the Tenant(s). This charge will be raised in respect
of every 7 day period for which the rent remains unpaid.
1.50 A cleaning fee will be incurred by the Tenant(s) if the property
is not left in a clean and tidy condition including all kitchen
appliances, when the property is vacated. The Landlord reserves
the right to check the property prior to the return of the bond.
Tenant(s) are notified when the property is vacated and it is not
cleaned to a standard acceptable to an incoming Tenant(s) and Abaris
Properties have to make a return visit to the property to check
the cleaning again the Tenant(s) will incur a fee in the amount
of £40.00.
1.51 The Tenant(s) is hereby notified property checks will be undertaken
by the Landlord or the Landlords Agent during the term of the tenancy.
It is agreed a minimum of twenty four hours notice will be provided
to the Tenant(s).
1.52 The Tenant(s) agrees to notify the Landlord or the Landlords
Agent in writing at least one calendar month prior to the expiry
of the term whether or not the Tenant(s) wish to vacate the property
upon expiry of the term. If the Tenant(s) remain in the property
upon expiry of this Agreement to give to the Landlord or the Landlords
Agent, a minimum of one months notice, in writing, commencing from
a rent date, of the Tenant(s) intention to vacate or to pay one
months rent in lieu.
1.53 If any of the furniture, fixtures, decorations are lost or
irreparably damaged the Tenant(s) agree to replace it or at the
option of the Landlord to pay to the Landlord the reasonable cost
of replacement of any such item (fair wear and tear excepted).
1.54 Not to obstruct in any way pathways, driveways, garages, car
parking areas etc. and not to repair vehicles on the pathways, driveways
or car parking areas.
1.55 The Tenant(s) agree not to stop up any flues or ventilators
to or in the property. The Tenant(s) is required to allow entry
without prior notification in the event of a gas emergency. The
Gas Board Emergency Tel No is 0800 111999.
1.56 The Tenant(s) agree to replace all defective light bulbs and
fluorescent tubes as and when necessary in the property.
1.57 Not to lop, top or cut down or damage any trees, shrubs or
plants growing upon the property or alter the general character
of the garden and to keep the grounds and garden in good condition
throughout the term of the tenancy according to the season of the
year.
1.58 The Tenant(s) will be responsible for the purchase of a television
license in respect of any television receiver at the property and
to ensure at all times during the Tenancy there is a current valid
television license in respect of any television set in the property
whether belonging to the Landlord or the Tenant or to a Hire Company.
Arrangements must be made by the Tenant(s) for the return of any
television, satellite television decoder or any other appliance
to be returned to the hirer at the end of the tenancy.
1.59 In the event the washing machine and tumble dryer (if any)
serving the premises malfunction for whatever reason and causes
damage to the Tenant(s) contents within, then the Tenant(s) agree
not to make a claim against the Landlord or the Landlords Insurers
for any items damaged.
In the event that the refrigerator and freezer (if any) ceases to
correctly function with the result that any consumables contained
in the said appliance(s) and belonging to the Tenant(s) thaw or
becomes damaged or otherwise unsafe for human consumption and requires
to be destroyed or discarded then the Tenant(s) agree not to seek
reimbursement from the Landlord for any loss or inconvenience suffered.
1.60
The Tenant(s) will perform and observe at all times during the tenancy
the lessees or Tenant(s) covenants and the conditions and stipulations
contained in the lease under which the Landlord holds the property
in so far as such performance and observance is not the sole responsibility
of the Landlord under the terms hereof. The Tenant(s) will indemnify
the Landlord from and against all actions, costs, claims and demands
arising out of any breach, non-observance or non-performance thereof
so far as aforesaid shall not operate so as to confer upon the Tenant(s)
any right, power or privilege which is not expressly granted by
this agreement.
1.61 The Tenant(s) hereby authorise the Landlord to dispose of any
such property belonging to the Tenant(s) which is left behind in
the property seven days after the ending of the Tenancy, by whatever
means the Landlord considers suitable, including total destruction,
if necessary, and agrees to indemnify the Landlord against claims
from any third party owners of such property, and also agrees not
to make any claim against the Landlord whatsoever for the disposal
of such property.
1.62 Not to withhold rent at any time on the grounds of necessary
repairs or maintenance.
1.63 Where more than one party has signed this document, the tenancy
is a joint and several contract, the non-payment of rent by any
person named as Tenant will render the other persons named as Tenant
liable for the payments due from the person who defaults. Without
prejudice to this provision if, after 14 days, there is no written
agreement between the person who defaults and the Landlord to resolve
the matter, then all of the arrears will be the liability of the
other joint Tenants without further notice.
1.64 If the property is a flat and leasehold, the Tenant(s) will
perform and observe at all times during the tenacy the lessees or
Tenant(s) covenants and the conditions and stipulations contained
in the lease under which the Landlord holds the property in so far
as such performance and observance is not the sole responsibility
of the Landlord under the terms hereof. The Tenant(s) will indemnify
the Landlord from and against all actions, costs, claims and demands
arising out of any breach, non-observance or non-performance thereof
so far as aforesaid shall not operate so as to confer upon the Tenant(s)
any right, power or privilege which is not expressly granted by
this agreement.
1.65 No reptiles, birds or other domestic animals are allowed to
be kept in the property under any circumstances
1.66 It is a condition of the tenancy the interior and exterior
windows are cleaned on a monthly basis.
1.67 No more than 2/4/5/6/8 adults are to occupy the property.
1.68 The Tenant(s) will be responsible for maintaining the garden
in a clean and tidy condition unless an agreement is made with the Landlord.
LANDLORDS
OBLIGATIONS
2.00 That the Tenant(s) paying the rent and performing the obligations
on the part of the Tenant(s) may quietly possess and enjoy the property
during the term of the tenancy without any unlawful interruptions
from the Landlord or any person claiming under or in trust for the
Landlord.
2.01 To keep the exterior and structure of the property in good
repair together with installations provided by the Landlord for
heating, water heating and sanitation, if any.
In addition to keep in repair all mechanical and electrical items
(including all washing machines, dishwashers and other similar appliances)
which are the Landlords property provided that the Landlord shall
not be required to carry out any work for which the Tenant(s) is
liable by virtue of its duty to use the property and the contents,
fixtures and fittings in a tenant like manner and provided further
that the Tenant(s) shall indemnify the Landlord in respect of the
cost of repairs to such installations or items resulting from misuse
of the same.
To maintain all electrical appliances, gas and central heating systems
(if any) and make good or replace any parts which become defective
due to fair wear and tear (except for light bulbs and electrical
fuses) which are not caused by the negligence on the part of the
Tenant(s).
The Landlord warrants that all the soft furnishings, beds, mattresses,
cushions, pillows supplied in the property comply (where applicable)
with the provisions of the Furniture and Furnishings (Fire Safety
Regulations 1988 and the Furniture and Furnishings Fire Safety Amendment
Regulations 1993.
The Landlord warrants that he will comply with the Gas Safety Installations
and Use Amendment No Regulations 1996 by ensuring that a copy of
the record in respect of any appliance or flue checked under the
Gas Safety Installation and Use Regulations 1994 as amended is given
to the Tenant(s) within 28 days of that check being carried out
at the property under the said Regulations and further the Landlord
or the Landlords Agent shall retain a record of such a check being
carried out.
2.02 The Landlord warrants that where applicable all necessary consents
to this Tenancy have been obtained from the mortgagees, insurers
and freeholders or superior lessors of the property prior to the
grant of this tenancy and the Landlord agrees to indemnify the Tenant(s)
for all losses which may be sustained by the Tenant(s) as a result
of any breach of this clause.
2.03 To insure the property against all risks covered in a housing
buildings insurance policy. If at any time:- There is a breach by
the Tenant(s) of any covenant or other term of this Lease.
and/or
An administration order is made in respect of the Tenant(s) or the
Tenant(s) goes into liquidation, whether voluntarily or compulsory
or a company voluntary arrangement is approved by the Tenants creditors
or a receiver is appointed in respect of the Tenant(s).
and/or
The rent is outstanding for fourteen days after the due date formally
demanded or not or if the Tenant(s) become bankrupt the Landlord
or the Landlords Agent may at any time thereafter re-enter the property
and resume possession of the contents and the Tenancy shall determine
but without prejudice to any right of action or remedy to the Landlord
in respect of any breach of the Tenant(s) stipulations herein contained.
The Landlord or the Landlords Agent may re-enter the property and
upon entry the term shall absolutely determine but without prejudice
to any claim which the Landlord may have against the Tenant(s) in
respect of any breach of any covenant or other term of this Lease.
2.07 If the property shall be destroyed or damaged by an insured
risk so as to be unfit for habitation and use the rent hereby reserved,
shall cease to become payable until the property has been rendered
fit again for occupation and provided that the Landlordís
insurance ís shall not have been vitiated as a result of
any act or omission by the Tenant(s) then the Tenant(s) may give
written notice to the Landlord or the Landlords Agent to terminate
the tenancy forthwith in which event any rent which may have been
paid by the Tenant(s) in respect of any unexpired period of the
tenancy shall be repaid by the Landlord.
3.00 Deposit
The deposit shall be returned to the Tenant(s) subject to any deductions
by the Landlord or the Landlords Agent which may be deemed necessary
for loss or damage sustained to the property.
All keys to the property must be returned to the Landlord or the
Landlords Agent prior to the return of the bond by the Landlord.
Upon a satisfactory report and schedule of dilapidation ís
(if any) accrued at the termination of the tenancy and prepared
by the Inventory Clerk (appointed by the Landlords Agent) shall
be accepted by each of the parties hereto and it is agreed that
the decision of the Inventory Clerk in respect to whether or not
any item of dilapidation ís has or has not accrued is attributed
to either party is final and binding upon them The deposit will
be held by the Landlord or the Landlords Agent without payment of
interest and may be applied towards the discharge or part discharge
or any unmet liability of the Tenant(s) referred to in this Lease
and otherwise to be returned to the Tenant(s).
If full agreement upon the apportionment of the deposit shall not
have been reached by the parties hereto within two months from the
expiry or sooner determination of the Tenancy, then at the request
of either party the matter shall be referred to a single arbitrator
to be settled in accordance with the Arbitration Act 1996.
3.01 Other Charges
The Tenant(s) agree to pay the following charges:
Where the Landlord or the Landlords Agent sends to the Tenant(s)
a Notice under Section 8 of the Housing Act (for any breach of the
Tenancy) the Tenant(s) shall pay the fixed fee of £50.00
Where the Tenant(s) fail to respond to the above and as a consequence
a visit to the property by the Landlord or the Landlords Agent becomes
necessary, the Tenant(s) agree to pay a fixed fee of £50.00.
A
fee in the amount of £25.00 will be charged for each bounced
cheque and/or missed Bank Standing Order Rent Payment. VAT will be charged in addition, if applicable. AGREEMENT
The Landlord notifies the Tenant pursuant to Section 48 of the Landlord
& Tenant Act 1987 that the address at which notices (including
notices in proceedings) may be served upon the Landlord is:-
Abaris Properties and Lettings Ltd. 7 St Michaels Road, Leeds LS6
3AW.
Signed
For or by Landlord:
Eamonn J Ruane
Proprietor
___________________________ Date: ________________
Abaris Properties and Lettings Ltd. 7 St Michaels Road, Leeds LS6
3AW.
AND
TENANTS NAMES and SIGNATURES
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