Dated the…………………………………………………….. ASSURED SHORTHOLD TENANCY AGREEMENT -relating to- Page 1 of 18 Initial ……….. Assured Shorthold Tenancy Agreement made (date)............................... BETWEEN Landlord (s) the “Landlord (s)" which term shall include any successor in title of the one part Name: Address: Mobile: Email: Andrew Kondrollochis 23 Doddinghurst Road, Brentwood, Essex, CM15 9EP 07880 743589 [email protected] Agent Name: Address: Mobile: Email: Gemma Boardman 23 Doddinghurst Road, Brentwood, Essex, CM15 9EP 07967 192363 [email protected] AND Tenant(s) the “Tenant(s)" of the other part TENANT (print name)............................................................................................................................................... Of: (Home Address)................................................................................................................................................... .................................................................................................................................................................................... Post Code .................................Email Address ......................................................................................................... Mobile Number........................................................................................................................................................... Course Title..............................................................Year of study (for this tenancy)................................................ University of Hull Student ID Number ...................................................................................................................... National Insurance No................................................................................................................................................ Passport / National Identity number.......................................................................................................................... And … TENANT (print name)............................................................................................................................................... Of: (Home Address)................................................................................................................................................... .................................................................................................................................................................................... Post Code .................................Email Address ......................................................................................................... Mobile Number.......................................................................................................................................................... Course Title..............................................................Year of study (for this tenancy)................................................ University of Hull Student ID Number ..................................................................................................................... National Insurance No................................................................................................................................................ Passport / National Identity number.......................................................................................................................... And … TENANT (print name)............................................................................................................................................... Of: (Home Address)................................................................................................................................................... .................................................................................................................................................................................... Post Code .................................Email Address ......................................................................................................... Mobile Number.......................................................................................................................................................... Course Title..............................................................Year of study (for this tenancy)................................................ University of Hull Student ID Number ..................................................................................................................... National Insurance No................................................................................................................................................ Passport / National Identity number.......................................................................................................................... And … Page 2 of 18 Initial ……….. TENANT (print name)............................................................................................................................................... Of: (Home Address)................................................................................................................................................... .................................................................................................................................................................................... Post Code .................................Email Address ......................................................................................................... Mobile Number.......................................................................................................................................................... Course Title..............................................................Year of study (for this tenancy)................................................ University of Hull Student ID Number ..................................................................................................................... National Insurance No................................................................................................................................................ Passport / National Identity number.......................................................................................................................... And … TENANT (print name)............................................................................................................................................... Of: (Home Address)................................................................................................................................................... .................................................................................................................................................................................... Post Code .................................Email Address ......................................................................................................... Mobile Number.......................................................................................................................................................... Course Title..............................................................Year of study (for this tenancy)................................................ University of Hull Student ID Number ..................................................................................................................... National Insurance No................................................................................................................................................ Passport / National Identity number.......................................................................................................................... And... TENANT (print name)............................................................................................................................................... Of: (Home Address)................................................................................................................................................... .................................................................................................................................................................................... Post Code .................................Email Address ......................................................................................................... Mobile Number.......................................................................................................................................................... Course Title..............................................................Year of study (for this tenancy)................................................ University of Hull Student ID Number ..................................................................................................................... National Insurance No................................................................................................................................................ Passport / National Identity number.......................................................................................................................... Notice is hereby given to the Tenant under Section 48 of the Landlord and Tenant Act 1987 and is acknowledged by the Tenant that the Landlord's address in England and Wales at which notices (including notices in proceedings) may be served on the Landlord by the Tenant is 23 DODDINGHURST ROAD, BRENTWOOD, ESSEX, CM15 9EP. WHEREBY IT IS AGREED as follows:1. 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 apply accordingly The Landlord lets and the Tenant takes the Property known as …………………………Hull ("the Property") together with the Fixtures and Fittings now in the Property and more particularly specified in the Inventory Schedule to be signed by or on behalf of the parties ("the Inventory") for the term of……… weeks commencing on the ………………. 2014. 2. The rent payable shall be from ……………….. 2014 to ………………..2015 at £ per person per week payable in advance in 2 instalments. Reference the “Payment Schedule” for dates and amounts of each instalment. Such instalments are requested to be made by standing order or online banking. 3. On signing the contract there is a £100 admin fee per person. 4. The Tenant enters into those obligations with the Landlord as set out in the First Schedule Page 3 of 18 Initial ……….. 5. The Landlord enters into those obligations with the Tenant as set out in the Second Schedule 6. The obligations and matters set out in the Third Schedule are agreed by the Landlord and the Tenant 7. The Definitions in the Fourth Schedule form part of the Agreement between the parties. 8. Where there are two or more Tenants each of the Tenants will be responsible for payment of all rent and all liabilities falling on the Tenant as well as any breach of this Agreement until all payments have been made in full and this is known as joint and several liability. Important Notice This document contains the Terms of the Tenancy of ……………………………Hull. It sets out the promises made by the Tenant to the Landlord and vice versa. You should read this document carefully and thoroughly. Once signed and dated this Agreement will be legally binding and may be enforced by a court. Page 4 of 18 Initial ……….. Payment Schedule Amount Payable per Tenant Holding payment 1st instalment £ Payable within 1 week of signing the contract Advanced rental payment 2nd instalment £ weeks 3rd instalment £ weeks Total £ weeks weeks An administration fee of £100 per person is also payable on signing the contract Payments are to be made by SO or online banking to the bank account of ANDREW M KONDROLLOCHIS 23 DODDINGHURST ROAD BRENTWOD ESSEX CM15 9EP NatWest Sort Code Account number 60-24-69 10089551 International Students my require the following codes: IBAN: GB38NWBK60246910089551 BIC code :NWBKGB2L Page 5 of 18 Initial ……….. SIGNED by the LANDORD(S) or the AGENT on behalf of the LANDLORD(S) → Print Name Andrew Kondrollochis Sign…………………………………………………................................................................Date.................................. ............ SIGNED by the TENANT(S) → Print Name………………………………………….................................................................................................................. Sign…………………………………………………................................................................Date.................................. ............ Print Name………………………………………….................................................................................................................. Sign…………………………………………………................................................................Date.................................. ............ Print Name………………………………………….................................................................................................................. Sign…………………………………………………................................................................Date........................ ...................... Print Name………………………………………….................................................................................................................. Sign…………………………………………………................................................................Date.............................................. Print Name………………………………………….................................................................................................................. Sign…………………………………………………................................................................Date.............................................. Print Name………………………………………….................................................................................................................. Sign…………………………………………………................................................................Date.............................................. Page 6 of 18 Initial ……….. THE FIRST SCHEDULE Obligations of the Tenant TO PAY RENT 1.1 To pay the rent whether formally demanded or not in full without any right of set off, counterclaim or otherwise and to pay interest at the rate of 4% per annum above the Bank of England base rate on any rent in arrears for more than fourteen days calculated from the date upon which such rent was due to be paid to the date upon which it is actually paid. Interest will be charged daily and compounded monthly. 1.2 To pay an administration charge of £23.00 including VAT for any rental payment paid by cheque. 1.3 To pay any reasonable charges or other costs incurred by the Landlord or Agent if any payment provided to the Landlord or Agent by the tenant is dishonoured. Dishonoured Cheques or a returned SO each occur a £30 fee in addition to the Rent then outstanding. In addition the following fees are payable to the Landlord or Agent for chasing outstanding rent 1.4 Telephone Calls Letters Emails Personal Visits £5.00 £10.00 £10.00 £25.00 The Tenant must not offset against the Rent any amounts payable by the Landlord to the Tenant. TO PAY COUNCIL TAX AND INFORM LOCAL AUTHORITY OF OCCUPATION 2.1 To pay the Council Tax for the property (unless exempt) for the duration of the tenancy. 2.2 To inform the local Council Tax office (a) the names of the adult occupiers of the Property at the commencement of the tenancy; and (b) the termination of the tenancy. TO PAY ALL REASONABLE COSTS 3.1 To pay to the Landlord, or Agent, all reasonable costs and expenses, as agreed by the Tenant or awarded by the Court, incurred by the Landlord in (a) recovering or attempting to recover any Rent or other monies in arrears; (b) the enforcement of any reasonable obligation of the Tenant under this Agreement; (c) the service of any Notice relating to any major breach of this Agreement whether or not court proceedings are brought. TO KEEP THE PROPERTY IN GOOD CONDITION 4.1 The Tenant accepts the Property as being in a tenantable condition on commencement of the tenancy unless the Tenant notifies the Landlord in writing within 48 hours of taking possession of the Property. 4.2 To take reasonable precautions to keep the interior of the Property and the Fixtures and Fittings in the same condition (clean and tidy) as at the commencement of the tenancy and as shown in the Inventory Schedule (except for fair wear and tear). 4.3 To ensure that refuse is only placed in the areas provided for that purpose in the Property and that refuse is regularly put outside the property in the appropriate manor for collection by the local Council. 4.4 To replace all broken glass which has been broken due to the negligence or mis-use of the Tenant, his family, his contractors, or his visitors. 4.5 To replace electric light bulbs. 4.6 To take reasonable and prudent steps to heat and ventilate the Property in order to help prevent condensation and where such condensation may occur to take care to wipe down and clean surfaces and ventilate as required from time to time to stop the build up of mould growth or damage to the Property or its Fixtures and Fittings. Page 7 of 18 Initial ……….. 4.7 To take reasonable precautions during the tenancy to keep the Property free of infestation (including rodents) and where infestation occurs as a result of action or inaction on behalf of the Tenant to be responsible for the reasonable costs in fumigating and cleaning any affected parts and for rectifying and or removing the causes of such an infestation. 4.8 To not interfere in any way with any fire prevention and control equipment within the property. 4.9 To test at regular intervals any battery operated smoke alarms fitted in the Property and replace any battery in an alarm which is not found to be working. If the alarm is not working after the fitting of a new battery to inform the Landlord or the Agent within a reasonable time of the alarm defect coming to the notice of the Tenant. 4.10 To operate any appliances in the Property in accordance with the instructions of the manufacturer. To pay to the Landlord the cost of any repairs of any mechanical and electrical appliances belonging to the Landlord resulting from misuse or negligence by the Tenant, his family, his visitors, or his contractors. 4.11 To not use electric heaters in any part of the Property. 4.12 To ensure that any appliances used in the Property which are owned by the Tenant are safe for use and fit for their purpose (with the exception of electric heaters as the use of these is not allowed in the Property). 4.13 To ensure that the Tenant, his family, his visitors, or his contractors do not smoke cigarettes, cigars or pipes in the Property at any time during the Tenancy. 4.14 To ensure that no fuel burning appliances are used in the Property including burning any candles or joss sticks. 4.15 To ensure that any means of access to the Property or within the Property is not restricted. TO GIVE NOTICE 5.1 To give notice as soon as practical to the Landlord or the Agent of any damage, destruction, or loss to the Property or the Fixtures and Fittings. 5.2 To notify the Landlord immediately on any defect to the premises becoming apparent so as to enable the Landlord to investigate. 5.3 If repairs are necessary for which the Tenant is not liable the Tenant should notify the Landlord or the Agent of the repair but should not arrange or give instructions for any repairs to be carried out apart from in an emergency except at the request of the Landlord or the Agent. Should the Tenant fail to comply with this provision he shall be liable for the cost of any repairs carried out. 5.4 Any callouts by the Tenant outside of working days from the hours of 9am to 5pm which are not for an emergency will be charged a callout fee of £30, this includes unlocking the property. Working days are Monday to Friday excluding bank holidays. Timescales of response to callouts are listed in The Second Schedule, Obligations of the Landlord, Clause 2.6. TO KEEP PLUMBING/GUTTERING CLEAR 6.1 To be responsible for unblocking or clearing stoppages in any sink, basin, toilet, or waste pipes if they become blocked due to the negligence, actions, or inactions of the Tenant, his family, his visitors or his contractors. 6.2 To ensure that sufficient heating is left on if the Property is left unoccupied at any time during the winter months and to keep the Landlord compensated for and against all reasonable damage caused as a result of the Tenant being in breach of this provision including damage caused by freezing. 6.3 To keep all gutters, down-pipes and gullies on or serving the Property that are accessible to the Tenant clean and free from obstruction provided they were free of obstruction at the start of the Tenancy. TO CLEAN WINDOWS 7.1 To clean or have cleaned both internally and externally all reasonably accessible windows at the Property as necessary during and at the end of the tenancy provided they were clean at the start of the tenancy. Page 8 of 18 Initial ……….. TO PERMIT ENTRY 8.1 To permit the Landlord, contractors or the Agent at reasonable hours in the daytime (upon giving at least 24 hours notice in writing) with or without workmen to enter the Property by prior appointment (except in cases of emergency) for the purposes of (a) inspecting the condition of the Property and Contents (and where a re-inspection is required, the Tenant must pay the Landlord a re-inspection fee of £50) (b) repairing and maintaining the Property, Contents, Service Media and Utilities (c) showing the Property and Contents to prospective tenants TO FORWARD CORRESPONDENCE 9.1 Within 7 days to forward to the Landlord or the Agent any correspondence addressed to the Landlord at the Property and to inform the Landlord or the Agent as soon as reasonably practical of any notice affecting the Property which may be served on the Tenant, or left at the Property, or otherwise come to the attention of the Tenant. TO MAINTAIN THE GARDEN 10.1 To keep the garden, in a neat and tidy condition and swept and weeded. 10.2 To maintain any lawns, trees and shrubs. 10.3 Not to cut down or remove any trees shrubs or plants (other than annual plants) unless it is required to keep the garden in good order 10.4 Not to alter the layout of any garden. TO USE ONLY FOR PERMITTED USE 11.1 Not to carry on solely in the Property any profession trade or business; or let apartments; or receive paying guests on the Property; or place or exhibit any notice board or notice in the Property; or use the Property for any other purpose than that of a private residence in the occupation of the Tenant. 11.2 Not to register a company at the address of the Property. TO COMPLY WITH INSURANCE REQUIREMENTS 12.1 Not to allow the Property to be left vacant or unoccupied for more than thirty days at one time without prior notification to the Landlord or the Agent. 12.2 To ensure that the personal possessions of the Tenant are adequately insured. TO FASTEN UP SECURELY 13.1 To fasten securely all locks and bolts fitted to doors and windows and activate the burglar alarm system (if any) whenever the Property is left vacant or unattended. 13.2 Not to manually prop open any window to the property at any time (even when the property is occupied). 13.3 Not to make or have made any additional keys to the Property; or to replace or add any new locks to the Property without the previous consent of the Landlord or the Agent, such consent not to be unreasonably withheld. If consent is given the Tenant agrees to provide one full set of keys to the new locks at the Tenant's expense to the Landlord or the Agent. 13.4 Not to change any burglar alarm codes without the consent of the Landlord or the Agent, such consent not to be unreasonably withheld and if consent is given the Tenant agrees to provide the Landlord or the Agent any new code for the burglar alarm. CONTENTS 14.1 Not to remove any of the contents of Property, or substitute contents specified in the Inventory Schedule; or to store contents in the basement, loft or garage (if any) without the consent of the Landlord or the Agent, such consent not to be unreasonably withheld. NOT TO KEEP PETS 15.1 Not to keep at the Property any pets or animals. NOT TO REDECORATE WITHOUT CONSENT Page 9 of 18 Initial ……….. 16.1 Without the previous consent of the Landlord or the Agent not to carry out any redecoration of the Property. NOT TO MAKE ALTERATIONS 17.1 Not to damage or injure the Property or make any alteration in or addition to it without the consent of the Landlord or the Agent which will not be unreasonably withheld. 17.2 Not to fix or hang any posters pictures photographs or ornaments to the Property or the Fixtures and Fittings with nails glue sticky tape blu-tac or similar adhesive fixings other than white tack and to make good at the end of the tenancy or be liable for the fair costs of making good any unreasonable damage. NOT TO USE FOR IMMORAL OR ILLEGAL PURPOSES 18.1 Not to use the Property for any illegal or immoral purpose or any public meeting. 18.2 Not to use, or consume, or allow to be used or consumed any drugs or any other substance which is, or becomes, prohibited or restricted by law other than according to any conditions required for the legal use of such restricted substances. NOT TO CAUSE A NUISANCE 19.1 Not to do or permit to be done anything which may become a nuisance or annoyance to the Landlord or the occupiers of any adjoining Property. NOT TO PLAY MUSICAL INSTRUMENTS/LOUD MUSIC 20.1 Not to play any musical instrument or use any sound producing or reproduction equipment so as to cause a disturbance. 20.2 Not to play any instrument or use any such equipment so as to be audible outside the Property. NOT TO KEEP OFFENSIVE GOODS OR PARAFFIN HEATERS 21.1 Not to keep any dangerous or flammable material or equipment in the Property apart from those required for general household use. NOT TO USE ANY KITCHEN APPLIANCES IN BEDROOMS 22.1 Not to use any kitchen appliances such as toasters, grills, sandwich makers and kettles in bedrooms. NOT TO HANG OBJECTS OUTSIDE 23.1 Not to hang any objects or items on the outside of the Property without the consent of the Landlord or the Agent, which will not be unreasonably withheld. NOT TO POST SIGNS 24.1 Not to display or place on the Property so that it may be visible from outside the Property any advertisement poster placard notice or sign unless previously approved by the Landlord or the Agent. NOT TO SUBLET OR ASSIGN 25.1 Not to sublet, take in lodgers, or paying guests, or permit any person to acquire any tenancy or other rights to the Property. 25.2 Not to assign the tenancy of the Property or any part of it. 25.3 Not to allow non paying guests to stay for a consecutive period of more than 3 days nor a total period of 28 days within the tenancy term without prior written consent of the Landlord. TENANT SUBSTITUTION 26.1 If the Tenant for whatever reason decides they want to be released from this Tenancy the Tenant is responsible for finding a suitable replacement and the Landlord must be in agreement with the choice of the replacement Tenant. In the event that the Landlord gives written consent to a Tenant to be substituted the outgoing Tenant shall pay an administration fee of £100 to the Landlord upon signing of the new contract. If a suitable replacement cannot be found the original Tenant must pay the full rent of the Tenancy Agreement. TO RETURN PROPERTY AND FIXTURES AND FITTINGS 27.1 At the end or earlier termination of the tenancy to return the Property, the Fixtures and Fittings, or any new or replacement fixtures and additions in the same condition as shown in the Inventory Schedule at the start of the Tenancy apart from fair wear and tear and insured risks. Page 10 of 18 Initial ……….. 27.2 To leave the Fixtures and Fittings in the rooms and places they were at the beginning of the tenancy. TO CLEAN FIXTURES AND FITTINGS 28.1 At the end or earlier termination of the tenancy to have the Property and the Fixtures and Fittings cleaned to a good professional standard or pay for the professional cleaning throughout to the standard at the start of the Tenancy. To provide upon request receipts to the Landlord or the Agent to demonstrate compliance with this clause. 28.2 If any of the above cleaning has not been carried out then the Landlord or the Agent shall instruct professional cleaners to carry out the work at the expense of the Tenant. TO REPLACE OR COMPENSATE 29.1 To pay for or compensate the Landlord for losses caused for any damage to the Property, Service Media, Utilities and Contents caused by the Tenant, his family, his visitors or his contractors or arising from any breach of the Terms of this Agreement by the Tenant; any damage caused or cleaning required, any other breach by the Tenant of the Terms of this Agreement; any instalment of the Rent which is due but remains unpaid at the end of the Tenancy; or any unpaid council tax (if not exempt). Unless the Landlord receives reasonable evidence to the contrary, the cost of repairing any damage will be apportioned by deeming that all tenants equally caused such damage. TO PAY DAMAGES ON UNREMOVED GOODS 30.1 It is the responsibility of the Tenant to remove personal possessions at the end of the Tenancy. 30.2 Any personal processions still remaining 7 days after the termination date of the Tenancy will be deemed to be abandoned and will be disposed, removed or stored by the Landlord as the Landlord sees fit. The Tenant is to pay any reasonable disposal, removal or storage charges for the abandoned items. 30.3 To pay the Landlord any additional expense incurred in checking the Inventory if a lot of the Tenant's goods have not been removed from the Property at the end or earlier termination of the tenancy. 30.4 To pay Rent and other liabilities under the Agreement when the Property is left full of the Tenant’s bulky furniture, or a large amount of other bulky or heavy items; which prevents the Landlord residing in, reletting, selling or making any other use of the Property. TO RETURN KEYS 31.1 To return all keys to the Property by recorded mail or to the Landlord or the Agent directly on the last day of the tenancy or at the check-out of the inventory whichever is earlier; and if keys are not returned pay £100 costs for replacing the locks to which the keys belonged. BREACH OF AGREEMENT 32.2 If the Tenant breaches this agreement or fails to fulfil any of the obligations under this agreement, the Tenant shall pay any reasonable costs incurred by the Landlord in remedying such breaches or in connection with the enforcement of those obligations. Page 11 of 18 Initial ……….. THE SECOND SCHEDULE Obligations of the Landlord QUIET ENJOYMENT 1.1 To allow the Tenant to quietly possess and enjoy the Property during the tenancy without unlawful interruption from the Landlord or any person claiming under or in trust for the Landlord, provided the Tenant pays the Rent and performs all obligations under the agreement. TO MAINTAIN STRUCTURE AND SAFETY 2.1 To comply with the obligations to repair the Property as set out in sections 11 to 16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988) the Landlord must at his own cost (subject to clause 29.1) a) b) c) d) keep in repair the structure and exterior of the Property (including drains, gutters and external pipes); ensure the supply of the Utilities; ensure the supply of the Service Media; and maintain, repair, clean and decorate (as appropriate) the Utilities and Service Media. In deciding the standard of repair required by the Landlord under this clause regard shall be had to the age, character, prospective life and locality of the Property. 2.2 The Landlord shall not be required to carry out any works or repairs for which the Tenant is liable by virtue of this agreement. 2.3 Notwithstanding Clause 2.1 to take reasonable steps to ensure that the Landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the Property for which he is responsible are safe, in proper working order and in repair except where damage occurs through any neglect or misuse by the Tenant, his family, his visitors or his contractors. 2.4 a) b) c) d) To comply with the Landlord’s obligations under the Gas Safety (Installation and Use) Regulations 1998 the Electrical Equipment (Safety) Regulations 1994 the Plugs and Sockets etc. (Safety) Regulations 1994 the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 2.5 To provide a copy of the Gas Safety Check Record to the Tenant at the start of the Tenancy and a further copy within 28 days of the renewal of the Gas Safety Record. 2.6 Timescales of response to callouts regarding repair or replacement for utilities, service media and supplied electrical appliances Within 24 hours Loss of electricity supplied to the property Loss of water supplied to the property 5 days Loss of heating to the property 28 days Loss of service media Breakdown of supplied electrical appliances Defects with Fixtures and Fittings TO PROVIDE CONSENTS TO LET 3.1 The Landlord confirms that he is the sole or joint owner of the leasehold or freehold interest in the Property. 3.2 The Landlord confirms that all appropriate consents necessary for him to sign this Agreement have been obtained. TO INSURE 4.1 To ensure there is appropriate Buildings Insurance for the Property. 4.2 The Tenant is responsible for insuring his / her own belongings. Page 12 of 18 Initial ……….. TO CLEAN AND GARDEN 5.1 Prior to the start of the tenancy to have the Property together with the Contents cleaned to a good professional standard. 5.2 To ensure the garden in a neat and tidy condition, swept and weeded; and any lawns, trees and shrubs have been maintained prior to the start of the Tenancy. UTILITIES AND SERVICE MEDIA 6.1 For the duration of the tenancy to pay the appropriate terrestrial television licence. 6.2 For the duration of the tenancy to provide broadband limited to 150GB usage per calendar month for communal areas. Any excess over 150GB usage per month will be charged to the Tenant at £3 per GB. The Landlord reserves the right to disconnect the broadband if any excess usage fees are not paid by the Tenant within 14 days of the Landlord notifying the Tenant in writing of the excess charges. 6.3 For the duration of the tenancy to provide a working telephone landline for incoming calls. The cost of any outgoing calls is the responsibility of the Tenant. 6.4 For the duration of the tenancy to pay the gas bills for the Property (subject to reasonable use restrictions). 6.5 For the duration of the tenancy to pay the electricity bills for the Property (subject to reasonable use restrictions). Heating will be capped at a maximum 21 degrees centigrade. 6.6 For the duration of the tenancy to pay the water rates for the Property (subject to reasonable use restrictions). 6.7 The Tenant must comply with any applicable laws and any recommendations, ‘Terms of Use’ or ‘Acceptable Use Policy’ of any provider of the Utilities or Service Media. The Landlord may, upon written notice to the Tenant, withdraw supply of the Service Media where it reasonably considers that any Tenants of the Building have failed to comply with such ‘Terms of Use’ or ‘Acceptable Use Policy’. 6.8 The Tenant must not change any supplier of the Utilities or Service Media. Where the Tenant does so without the consent of the Landlord, the Tenant must pay the Landlord all costs incurred in reconnecting the original supply. Page 13 of 18 Initial ……….. THE THIRD SCHEDULE RIGHT OF ENTRY 1.1 If at any time: (a) the Rent, or any part of it remains unpaid for 14 days after falling due, whether formally demanded or not; or (b) if any important agreement or obligation of the Tenant is not complied with; or (c) the Tenant(s) is declared bankrupt under the Insolvency Act 1986 (d) Under any of the grounds set out in Schedule 2 of the Housing Act 1988 (as amended) being grounds 2, 8, 10, 11, 12, 13, 14, 15 or 17 (see Definitions); the Landlord may give written Notice to the Tenant that the Landlord seeks possession of the Property, in accordance with Section 8 Housing Act 1988. If the Tenant does not comply with the said Notice the Landlord will bring proceedings to obtain a possession order for re-entry to the Property; Upon the issue of a possession order the Tenant must vacate the property in accordance with the conditions laid down in the judgement. The landlord will, in the event of any failure to comply with the terms of the judgement, apply to the court for removal from the property by the County Court Bailiff. This clause does not prejudice any other rights that the Landlord may have in respect of the Tenant’s obligations under this Agreement. 1.2 If the Property is destroyed, damaged by fire or other insured risk (not due to the neglect or default of the Tenant) and is unfit for occupation and use, the rent or a fair proportion of it according to the nature and extent of the damage sustained is suspended until the Property is fit for occupation and use. 1.3 If the Property is not made habitable within one month, either party may terminate this Agreement by giving immediate written notice to the other party. AT THE END OF THE TENANCY 2.1 To arrange for the checking against the Inventory at a time mutually agreed between the parties on the last day of the tenancy or at any earlier date agreed between the parties; to give the Tenant an opportunity to make representations on the check; and to send or give a copy of any report that is prepared to the Tenant 2.2 The Tenant must provide the Landlord with a forwarding address once the Tenancy has come to an end. This information is required to deal with any outstanding issues between the Landlord and the Tenant after the end of the Term of the Tenancy. It is the Tenant’s responsibility to make any arrangements as required for redirection of post. 2.3 As stated in Clause 30.1 the Tenant must remove all personal possessions from the Property once the Tenancy has ended. MONEY LAUNDERING 3.1 The Landlord and the Agent are obliged to comply with all legislation in relation to money laundering. To comply with the legislation the Landlord and the Agent reserve the right not to accept any payments for this tenancy in cash; and cheques drawn on accounts with unfamiliar banks may be subject to further investigation. STAMP DUTY LAND TAX 4.1 The parties certify that there is no other agreement for a long term lease or tenancy, which attracts Stamp Duty Land Tax payable at a higher rate on a purchase or premium, to which this Agreement gives effect. DATA PROTECTION ACT 1998 5.1 It is agreed that personal information of the Tenant will be retained by the Landlord and the Agent, that present and future addresses of the parties may be provided to each other, to utility suppliers, the local authority, any credit agencies, accountants, solicitors or reference agencies and for debt collection as necessary. LAW OF ENGLAND AND WALES 6.1. This Agreement shall be governed by and interpreted according to the law of England and Wales. Page 14 of 18 Initial ……….. THE FOURTH SCHEDULE Definitions and Interpretations “Landlord(s)” include anyone owning an interest in the Property, whether freehold or leasehold, entitling them to possession of it upon the termination or expiry of the Tenancy and anyone who later owns the Property. “Tenant(s)” includes anyone entitled to possession of the Property under this Agreement. Where more than one person comprise the Tenant, they will each be responsible for complying with the Tenant’s obligations under this Agreement both individually and together. The Landlord may seek to enforce these obligations and claim damages against any one or more of those individuals. "Agent" is Gemma Boardman or anyone who subsequently takes over the rights and obligations of the Agent. “Property” includes any part or parts of the building boundaries fences garden and outbuildings belonging to the Landlord unless they have been specifically excluded from the Tenancy. When the Tenancy is part of a larger building the Property includes the use of common access ways and facilities. “Contents” include Fixtures and Fittings, electrical appliances and any other items set out set out in the Inventory Schedule, signed by the Landlord and Tenant and attached to this agreement “Fixtures and Fittings” include references to any of the fixtures, fittings, furnishings, or effects, floor, ceiling or wall coverings. “Service Media” includes Terrestrial TV Licence for the property, Broadband and a Telephone Landline supplied to communal areas. “Utilities” includes gas, water and electricity “Inventory” is the document drawn up prior to the commencement of the Tenancy by the Landlord, the Agent, or Inventory Clerk which shall include the Fixtures and Fittings in the Property including all matters specified in the Inventory, which will be given to the Tenant when taking possession of the Property. “Term” or “Tenancy” (set out in the Tenancy Agreement) includes any extension or continuation of the contractual Tenancy or any statutory periodic Tenancy arising after the expiry of the original Term. "Emergency" means where there is a risk to life or damage to the fabric of the Property or Fixtures and Fittings contained in the Property. References to the singular include the plural and references to the masculine include the feminine. Interpretation 1. A reference to “writing” or “written” includes email. 2. Any reference to the giving of consent by the Landlord requires the consent to be given in writing by the Landlord. 3. Unless otherwise expressly provided, the obligations and liabilities of the Tenant (where this is more than one) under this agreement are joint and several. The basis upon which the Landlord can recover possession from the Tenant, during the fixed term are set out in the Grounds of Schedule 2 of the Housing Act 1988, (as amended) and which are referred to in this Agreement are as follows: Mandatory Ground Ground 2: The property is subject to a mortgage which pre-dates the tenancy and the lendor wishes to exercise its rights over the property, i.e. repossess it. A notice under this ground must be served before the creation of the tenancy. Ground 8 : both at the time of serving the notice of the intention to commence proceedings and at the time of the court proceedings there is (a) at least eight weeks Rent unpaid where Rent is payable weekly or fortnightly; (b) at least two months’ Rent is unpaid if Rent is payable monthly; (c) at least one quarters Rent is more than three months in arrears if Rent is payable quarterly; (d) at least three months Rent is more than three months in arrears if Rent is payable yearly; Discretionary Grounds Ground 10: both at the time of serving the notice of the intention to commence proceedings and at the time of the court proceedings there is some Rent outstanding; Ground 11: there is a history of persistently late Rent payments; Page 15 of 18 Initial ……….. Ground 12: the tenant is in breach of one or more of the obligations under the tenancy agreement; Ground 13: the condition of the Property or the common parts has deteriorated because of the behaviour of the tenant, or any other person living at the Property; Ground 14: the tenant or someone living or visiting the Property has been guilty of conduct which is, or is likely to cause, a nuisance or annoyance to neighbours; Or, that a person residing or visiting the Property has been convicted of using the Property, or allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence in or in the locality of, the Property), Ground 15: the condition of the furniture has deteriorated because it has been ill treated by the tenant or someone living at the Property), Ground 17: the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant's instigation. Both parties are advised to obtain confirmation in writing when the Landlord gives the Tenant consent to carry out any action under this Agreement Page 16 of 18 Initial ……….. INVENTORY SCHEDULE CONTENTS OF HOUSE (To be completed on moving into the property) Name of Room Kitchen Location of Room in the house Ground Floor, Middle of House Name of Tenant (if the Room is a Bedroom) N/A Living Room Ground Floor, Front of House N/A Laundry Room Shower Room Bathroom First Floor, Back of Property Ground Floor, Back of Property First Floor, Middle of Property Separate WC First Floor, Middle of Property N/A Contents of Room Fridge Freezer, Double Oven, Ceramic Hob, Toaster, Kettle, Microwave, Dishwasher 3 Seater Red Leather Sofa, 2 Seater Red Leather Sofa, 1 Red Chair, LCD TV, White TV Stand, White Side Table, Red Side Table, White Coffee Table, Wall Mirror Washing Machine, Tumble Drier, Sink Sink, Shower Cubicle, Wall Mirror N/A N/A Sink, Toilet, Bath with Shower and Shower Screen, Mirror on Wall Sink, Toilet N/A Bedroom 1 Ground Floor, Back of Property by Kitchen 4’ Metal Framed Bed, Double Wardrobe, Chest of Drawers, Desk, Chair Bedroom 2 Ground Floor, Back of Property by Shower Room 4’ Metal Framed Bed, Double Wardrobe, Chest of Drawers, Desk, Chair Bedroom 3 Ground Floor, Middle of Property by Kitchen 4’ Metal Framed Bed, Double Wardrobe, Chest of Drawers, Desk, Chair Bedroom 4 First Floor, Back of Property 4’ Metal Framed Bed, Double Wardrobe, Chest of Drawers, Desk, Chair Bedroom 5 First Floor, Front of Property 4’ Metal Framed Bed, Double Wardrobe, Chest of Drawers, Desk, Chair Bedroom 6 Second Floor 4’ Metal Framed Bed, Double Wardrobe, Chest of Drawers, Desk, Chair Signed by the Landlord Landlord Andrew Kondrollochis Page 17 of 18 Sign…………………….......................Date………………… Initial ……….. We the undersigned Tenant(s) agree that the contents of the property are in tenantable condition upon moving in. If we do damage any property (that is not fair wear and tear) we, the Tenant(s), agree to be invoiced for the repair or replacement (whichever is most appropriate) and pay the said amount immediately. Tenant Print……………………………………...................Sign…………………….......................Date………………… Tenant Print……………………………………...................Sign…………………….......................Date………………… Tenant Print……………………………………...................Sign…………………….......................Date………………… Tenant Print……………………………………...................Sign…………………….......................Date………………… Tenant Print……………………………………...................Sign…………………….......................Date………………… Tenant Print……………………………………...................Sign…………………….......................Date………………… Page 18 of 18 Initial ………..
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