Sample Tenancy Agreement

Deposit Information Certificate for the purposes of section 213(5) Housing Act 2004 and The Housing (Tenancy Deposits) (Prescribed Information) Order 2007.
(For use with The Deposit Protection Service custodial scheme only)

Date of Notice_______________________

Date deposit received in connection with the tenancy_______________________

Any reference in this notice to a landlord includes a reference to the landlord’s agent

The amount of the deposit paid is £_______________________
The address of the property to which the tenancy relates is:
Flat_______________________, Maritime Studios, Pendennis Rise, Falmouth, Cornwall, TR11 4FD

Landlord/Agent Details
Name	Towers Lettings & Property Management Ltd
Address	The Office, Central Park Towers, 28 Central Park Avenue, Plymouth, PL4 6NE
Telephone	01752 670666
E-mail	This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Fax	01752 263874

Important: The Lead Tenant will represent the interests of all Joint Tenants and any Third Party, and will act on their behalf specifically in connection with the completion of the Joint Repayment Form, any Statutory Declaration or the Tenant’s Response Form or any other relevant Form. It is the responsibility of the Lead Tenant to agree with the Landlord the distribution of Deposit at the end of the Tenancy between the Landlord, the Joint Tenants who are party to any Joint Tenancy and any Third Party. Instructions will only be accepted if they have been signed by the Lead Tenant. The Lead Tenant will be responsible for providing repayment information for each Tenant and the Third Party and a valid forwarding address/e mail address for each Tenant and the Third Party to enable The DPS to provide repayment confirmation notices to each Tenant and the Third Party.

Name of “lead Tenant"_______________________________________________________

Current address of lead tenant

____________________________________________________________________________

Telephone number of lead tenant _____________________________________________

E-mail address of lead tenant _________________________________________________

Such details of the lead tenant that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy (address, telephone, e-mail etc.) – FORWARDING ADDRESS

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

The name, address, telephone number and any e-mail address or fax number of the other tenants are:

(2)Name of tenant___________________________________________________________

Current address of tenant
____________________________________________________________________________

Telephone number of tenant__________________________________________________

E-mail address of tenant______________________________________________________

(i)The circumstances when all or part of the deposit may be retained by the landlord are contained in terms 4 – 8 and 57 of the tenancy agreement

(a)The name, address, telephone number, e-mail address and any fax number of the scheme administrator of the authorized tenancy deposit scheme applying to the deposit is:

Name	The Deposit Protection Service
Address	The Pavilions, Bridgewater Road, Bristol, BS99 6AA
Telephone	0844 4727 000
Fax number	0870 7036206
Email address	This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(b)The information contained in a leaflet supplied by the scheme administrator to the landlord which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to, the Housing Act 2004 is as below:

(c)The procedures that apply under the scheme by which an amount in respect of the deposit may be paid or repaid to the tenant at the end of the shorthold tenancy are contained in the The DPS Terms and Conditions and ADR rules document below:

(d)The procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy are contained in the The DPS Terms and Conditions and ADR rules document below:

(e)The procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit are contained in the The DPS Terms and Conditions and ADR rules document below:

(f)The facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation is contained in the The DPS Terms and Conditions and ADR rules document below:

(i) Certificate confirming that-

(aa) The information provided by me the landlord under this notice is accurate to the best of my knowledge and belief; and
(bb) I the landlord have given the tenant the opportunity to sign this document containing the information provided by me the landlord under Article 2 of The Housing (Tenancy Deposits)
(Prescribed Information) Order 2007 by way of confirmation that the information is accurate to the best of my knowledge and belief.
(cc) The tenants and relevant persons (if any) agree that the lead tenant has been nominated by all the joint tenants and relevant persons and that the responsibilities of the lead tenant are fully understood by all tenants. The responsibilities are detailed in Rule 9 of the attached rules and part iv above.

SIGNED BY THE LANDLORD _______________________________________

Important: Landlord or Agent MUST sign this certificate

SIGNED BY THE LEAD TENANT_____________________________________

SIGNED BY OTHER TENANT (2)_____________________________________

Housing Act 1988 (as amended by the Housing Act 1996)

ASSURED SHORTHOLD TENANCY AGREEMENT

Note: This agreement must only be used with the Custodial Scheme (The Deposit Protection Service)

DATE OF THE AGREEMENT _____________________________________
(not to be dated until all tenants have signed)

LANDLORD DETAILS

Name(s) _____________________________________________________

NOTICE for the purposes of section 48 Landlord and Tenant Act 1987 - Landlords address for service in England or Wales.

Address	The Office, Central Park Towers, 28 Central Park Avenue, PLYMOUTH, PL4 6NE
Telephone Number	01752 670666

TENANT(S) NAME(S)

Lead Tenant __________________________________________________

Tenant (2) ____________________________________________________

TENANCY ADDRESS

Flat________, Maritime Studios, Pendennis Rise, Falmouth, Cornwall, TR11 4FD

FIXED TERM
The tenancy shall commence:-

From the ______________ Day of _______________________ 20_______

To the ______________ Day of _______________________ 20_______

RENT
Rent equates to £_______________________ per month.

Please see the attached rent schedule in the management regulations for the first years rent due dates and amounts in relation to the agreed payment plan.

The first FULL payment of rent shall be paid on the:-

______________ Day of _______________________ 20_______

TENANCY DEPOSIT

The deposit of £_______________________ will be protected by The Deposit Protection Service (The DPS) in accordance with the Terms and Conditions of The DPS. The Terms and Conditions and ADR Rules governing the protection of the deposit including the repayment process can be found at www.depositprotection.com

TENANCY ADMINISTRATION FEE

This administration fee is payable at the start of the tenancy and will be charged at the same time as your first rental payment. This will be documented on the rent schedule of payments. This charge equates to £_______________________ incl. VAT.

THE LANDLORD AND TENANT AGREE THAT:-

This is an Assured Shorthold Tenancy under Section 19A of the Housing Act 1988.
The tenancy is subject to the terms and conditions set out in this agreement.
The landlord may bring the tenancy to an end (including during the fixed term) by giving the tenant Notice Seeking Possession of a Property Let on an assured tenancy based on grounds 2,3,4,5,6,7 or 8 in Part 1 of Schedule 2 to the Housing Act 1988 (as amended) or on grounds 10,1 10,11,12,13,14,15,16 or 17 in Part 2 to Schedule 2 of the Housing Act 1988 (as amended). These grounds can be seen at www.opsi.gov.uk.
The landlord may also bring the tenancy to an end by giving to the tenant a Notice Requiring Possession under Section 21 of the Housing Act 1988.
Any reference to the landlord includes a reference to the landlord’ landlord’s agent if applicable.
The tenancy includes the use of the landlord’ landlord’s furniture and furnishings as set out in the inventory.
If the tenant is at least 21 days late in paying the rent or any part of it, whether or not the rent has been formally demanded, or has broken any terms of this agreement then, subject to any statutory provisions, the landlord may forfeit (i.e. bring to an end) the tenancy and recover possession of the property. Any other rights or remedies the landlord may have will remain in force. (Note: This clause does not affect any rights of the tenant under the Protection from Eviction Act 1977. The landlord cannot enter the property or evict a tenant without a court having first made an order for possession). In addition, Should this tenancy never have been or ceases to be an assured shorthold tenancy for whatever reason the landlord may bring this tenancy to an end by serving a notice to quit.

MANAGEMENT REGULATIONS

The tenant shall comply with any rules and regulations reasonably required by the landlord for the proper management or improvement of the property. The landlord will discuss any new rules and regulations with the tenant before they are introduced and will take reasonable account of the tenant’ tenant’s views. Management regulations are attached.

Address for service

The address for service of documents on the landlord is as set out on page one.
Notices are sufficiently served on the tenant if left at the tenancy address

Rent
The tenant shall pay the rent on time, at the times and in the manner set out in this agreement and shall not make any unlawful deduction from the rent.
The studio will be subject to a rent review after 12 months of being in the property.

Deposit
The tenant pays the deposit as security for performance of the tenant’ tenant’s obligations and it may be used to pay to compensate the landlord for the reasonable costs of any breach or failure to comply with those obligations or against any outstanding rent or any costs incurred in recovering the deposit from the DPS using the “single claims process”.
Before the deposit is refunded by the landlord, the tenant must be able to demonstrate that bills for charges for, Council Tax, electricity and telephone services, for which the tenant is liable for the duration of the tenancy, have been paid.
The tenant cannot use the deposit to pay the rent.
At the end of the tenancy, the landlord may use the deposit to pay unpaid accounts or charges for telephone, council tax, water, electricity or other fuels used by the tenant in the premises, unless lawfully withheld by the tenant.
Otherwise the deposit shall be repaid to the tenant (without interest) not later than 10 days after the end of the tenancy and the return of all keys to the landlord.

Joint and several liability
Where the tenant consists of more than one person they will all have joint and several liability under this agreement (this means that they will each be liable for all sums due under the agreement, not just liable for a proportionate part).

Tenant’s responsibilities during the tenancy
To leave the premises and all the landlords items in the same rooms, state of cleanliness and condition as it is listed in the inventory except for fair wear and tear.
Pay for all electricity, water, Council Tax and telephone charges relating to the property that apply during the tenancy.
Make good all damage and breakages to the property and its contents that may occur during the term, that are the responsibility of the tenant (with the exception of fair wear and tear and accidental damage by fire).
Promptly notify the landlord or landlord’ landlord’s agent of any defects to the property (whether or not caused by the act default or neglect of the tenant) of which he becomes aware.
Not cause or allow to cause any obstruction in the communal areas (if any)
Not to cause blockage to the drains and pipes, gutters and channels in or about the property.
To replace all broken glass promptly with the same quality glass, where the tenant his family or visitors cause the breakage.
There is no TV aerial or satellite dish supplied at the property, but there are aerial points connecting the units to the communal satellite system. It is the tenants responsibility to keep this in good repair.
To take all reasonable precautions to prevent damage occurring to any pipes or other installations to the property that maybe caused by frost, provided the pipes and other installations are kept adequately insulated by the landlord.
Not to place or exhibit any notice board or notice visible from outside the premises advertising any profession, trade or business or any goods or services.
To cut the grass regularly in the growing season and to weed the borders (if any)
To wash and clean all items that may have become soiled during the tenancy.
To ensure that all rooms are properly ventilated.
To leave the oven in the same state of cleanliness as it is listed in the inventory.
To comply, within a reasonable time, with any notice from the landlord advising the tenant of the need to attend to any items of repair or maintenance for which the tenant is responsible.
Keep the windows clean.
Not to keep any dangerous or flammable goods, materials or substances in or on the premises apart from those required for general household use (to include storage areas paid for in connection to the tenancy).
Not carry out any internal or external decorating without the landlords prior written permission. (Not to be unreasonably withheld).
Not to use the premises or allow others to use the premises in a way which causes a nuisance, annoyance or damage to neighbouring, adjoining or adjacent property; or to the owners or occupiers of them. This includes any nuisance caused by noise.
Inform the landlord promptly of any outbreak of fire or of any burglary or attempted burglary.
Not keep any pets or other animals in the premises without the prior written permission of the landlord (not to be unreasonably withheld).
Not to allow children to live at the property without the prior written permission of the landlord (not to be unreasonably withheld).
Not leave the property unoccupied for more than 7 days without providing the landlord with reasonable notice in writing.
The tenant is asked to supply a contact address when the tenancy comes to an end.
Not to add or alter anything to the structure or outside of the building.
To use the premises in a tenant like manner.
To use the property as a private dwelling and as the tenants main or principle home only.
Not carry on any profession, trade or business at the premises, or allow anyone else to do so.

Insurance
The tenant shall not do or permit to be done in or about the property any act or thing which may render void or invalidate the insurance of the property or the building against fire or otherwise increase the ordinary premium for the insurance.
Details of the landlord’s insurance will be provided on written request. The landlord’s insurance does not cover the tenant’s possessions. The tenant is strongly advised to insure his own possessions with a reputable insurer.

Right of entry
To permit the landlord, and any superior landlord, or his agent or contractors or those authorised by the landlord, upon giving at least 24 hours notice in writing (except in an emergency) to enter the property at all reasonable times for the purpose of inspection and repair.
On giving the tenant at least 24 hours notice in writing, to allow the landlord, or any person acting on behalf of the landlord, access to view the property, at reasonable times, accompanying a prospective tenant or purchaser of the property.

Subletting and assignment
The tenant must not assign, under let or part with or share possession of the whole or any part of the property without the prior written permission of the landlord, such permission not to be unreasonably withheld.

Notice to terminate
The tenant shall not serve a notice to quit or notice to surrender which expires during the fixed term.
At least one month before the end of the term certain the tenant must notify the landlord if the tenant intends to vacate on expiry of the term certain, so that the landlord may have reasonable time to advertise the property.
On or after the term certain at least one calendar month’s written notice must be given by the tenant to the landlord.

Inventory
At the start of the tenancy the landlord and tenant should draw up and sign a detailed inventory recording the condition of the property and all items supplied by the landlord.

Supply of services
Where the tenant allows, either by default of payment or specific instruction, the utility or other services to be cut of off, whether during or at the end of the tenancy, the tenant is to pay, or be liable to pay, the costs associated with reconnecting or resuming those services.

Costs for breaches or failure to comply with tenants obligations under this agreement.
The tenant is responsible for any reasonable costs reasonably incurred required to compensate the landlord for any breach or failure to comply with any obligation on the tenant’s parts.
The tenant must pay the reasonable costs of the landlord for each letter the landlord, acting reasonably, has to send to the tenant concerning breaches or failures of the tenancy agreement.
The tenant is to pay interest at the rate of 8 per centum per annum above the base minimum lending rate of Lloyds TSB bank on any rent or other money lawfully due which is in arrears for more than fourteen days after the day on which it became due.
To protect the landlord from loss arising from any claim as a consequence of any breach by the tenant of any covenant contained in this agreement.
The tenant is to pay, unless a court orders otherwise, the landlord’ landlord’s reasonable legal costs and expenses (including VAT) properly incurred in enforcing this agreement.
If the tenant causes any obstruction to the common areas of the building then the landlord, acting reasonably, may char charge the tenant the costs of removing the obstruction.

Locks and keys
Shall not be changed without the written consent of both landlord and tenant.
The tenant is to pay the reasonable costs of the landlord for providing replacement keys.
To return the keys of the property to the landlord on the agreed termination date or the end of the tenancy (whichever is sooner). The tenant also agrees to pay for any reasonable charges incurred by the landlord in securing the property against re-entry where keys are not returned.

Fire safety and maintenance
The tenant shall ensure all fire facilities, equipment and devices provided in respect of the premises are subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair and the tenant shall co-operate with the landlord for this purpose in accordance with Article 17 of the Regulatory Reform (Fire Safety) Order 2005 which can be seen at www.opsi.gov.uk. .In addition the tenant shall regularly check, maintain and replace batteries as necessary on all smoke or fire alarms within the premises.

Goods belonging to the tenant
The tenant will be responsible for meeting all reasonable removal and/or storage charges when items are left in the premises. The landlord will give the tenant notice that he considers that items have not been cleared and if the tenant has failed to collect the items promptly thereafter, the tenant will be liable for all reasonable costs of disposal. The costs may be deducted from any sale proceeds or the deposit and if there are any costs remaining they will remain the tenant’s liability.

IMPORTANT:

This agreement contains the terms and obligations of the tenancy. You should read it carefully to ensure that it contains everything you want to form part of the agreement and nothing that you are not prepared to agree to. If you do not understand this agreement or anything in it, it is strongly suggested you ask for it to be explained to you before you sign it. You might consider consulting a solicitor, Citizens Advice or Housing Advice Centre.

SIGNATURES

Signatures of all tenants

1 ____________________________ Witnessed by ____________________________

2 ____________________________ Witnessed by ____________________________

Signature of Landlord(s)

1 ____________________________ Witnessed by ____________________________

GUARANTEE BOX MADE AS A DEED ON THE SAME DATE AS THIS TENANCY AGREEMENT

Name ________________________________________________________________

Address ______________________________________________________________

The guarantor covenants with the landlord that the tenant will pay all rent made payable by and perform and observe all covenants and conditions contained in this tenancy agreement to be performed and observed by the tenant and will compensate the landlord in full on demand made in writing within 7 days for all liabilities incurred by the tenant in respect of the obligations and for all losses, damages, costs and expenses thereby arising or incurred by the landlord. The landlord may release or compromise the tenant’s liability under the obligations or grant to either the tenant or the guarantor time or other indulgence without affecting the guarantor liability under this guarantee. For the avoidance of doubt, the guarantor obligations under this guarantee continue during any periodic tenancy (including statutory periodic tenancy), include any rent increases and includes any re-grant of a tenancy.

SIGNED AS A DEED BY THE LANDLORD ___________________________________

Witnessed by ___________________________________

SIGNED AS A DEED BY THE GUARANTOR OR ___________________________________

Witnessed by ___________________________________

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