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Tenency Agreement

Tenency Agreement

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Published by snewton2112

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Published by: snewton2112 on Jul 12, 2009
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Tenant Initials_______ Landlord Initials_______ Guarantor Initials_________ Version www.:riky.co.ukFREE AST
1
A
SSURED
S
HORTHOLD
T
ENANCY
A
GREEMENT
:
 
E
NGLAND
&W
ALES
Under Part 1 of the Housing Act 1988 as amended under Part 3 of the Housing Act 1996
This document is intended to create an Assured Shorthold Tenancy Agreementin accordance with Section 19aHousing Act 1988 as amended. It gives the Tenant (as defined) a right to occupy the Property (as defined) untilthe agreement is brought to an end in accordance with the provisions contained in that Act. The Tenantunderstands that the Landlord (as defined) can recover possession at the end of the Term (as defined) and mayalso end the tenancy early if the Tenant fails to carry out their responsibilities.
Do not sign this agreement without reading it. By signing this document you are agreeing to all the conditions in it. If you do not understand it you should seek advice from a Solicitor, Citizens’ Advice Bureau or Housing Advice Centre.
DATEThis Agreement is made onThe EXECUTION DATETHE PARTIESBetween
(being an address in England or Wales inaccordance with the provisions of S48Landlord & Tenant Act 1987 for the service of notices on the Landlord)
Of The LANDLORDAnd1.2.3.4.The TENANT(s)
(note that under an AST amaximum of 4 tenants ispermitted)
And (if applicable)Of The GUARANTORTHE PROPERTYRelating to
(including, if applicable, the Landlord’spossessions listed in the “Inventory”)
The PROPERTY
The MS Word edit & save version of this Document can be purchased for £4.95 or isFREE to members. MS Word includes Guarantor Option & Prescribed Information
 
Tenant Initials_______ Landlord Initials_______ Guarantor Initials_________ Version www.:riky.co.ukFREE AST
2
THE TERMFor the duration of monthsThe TERMCommencing on
(subject to vacantpossession being available)
The COMMENCEMENTEnding on
(but continuing by virtue of statute until notice is given)
The EXPIRYTHE PAYMENTSThe fee for entering into this tenancy is£The ADMINISTRATION FEEThe rent is£The RENTPayable in advance on theof each month/weekThe FREQUENCYThe Tenant must pay a deposit of£The DEPOSIT
If the Landlord has taken a deposit it will be registered with one of the Government authorised tenancy deposit schemes (the“Tenancy Deposit Scheme”) and held in accordance with the rules of that scheme (the “TDS Rules”). Full details of the schemewill be notified to the Tenant as an addendum to this agreement, within 14 days of them signing it. The RIKY Prescribed Information Notice will also be provided. If no deposit is taken then rent in “advance”may be requested – see below.
Where there is more than one Tenant, theperson nominated to act on behalf of you all jointly and individually when dealing with thedeposit is [leave blank if only 1 Tenant]
The HEAD TENANT
This representative is to act on behalf of you all jointly and individually when dealing with the deposit can be replaced by another of you, so long as we are notified in writing by a majority of you. If this box is left blank and there is more than 1tenant, the first tenant named will be deemed to be the Head Tenant.
Where no Deposit is taken, the Tenantmust initially pay a rental advance of £RepresentingXweeks/months rentThe RENT ADVANCE
The Rent Advance, if any, is not to be construed as a deposit whatsoever and is not held as a performance obligation. Thevalue of the Advance is the amount which the Tenant will not be required to pay for the equivalent period at the beginning of the tenancy.For example, an initial payment of 2 months rent in advance to the Landlord would mean that the Tenant is not required to start making paymentsuntil the beginning of month 3 of the tenancy.The Landlord will refund any payments made by the Tenant which relates to a rental period which starts after the tenancy ends. The Landlord is allowed to take from this refund any rent of other money which is owed.
ADDITIONAL INFORMATIONOptions
(tick as appropriate)
What to give the TenantThe property is supplied
Furnished
Unfurnished
Include RIKY Inventory 
The Deposit is protected by
Tenancy Deposit Solutions Limited
Include RIKY Appendix A
The Deposit Protection Service (DPS)
Include RIKY Appendix B
A Deposit has not been taken
N/A
The Tenancy is for 
A room let only with access to common areas
N/A
Exclusive use of the whole Property as defined
Include Energy PerformanceCertificate (EPC)
The property
Has a valid Gas Safety Certificate (CP12)
Include CP12 Tenant’s Copy 
Has valid Buildings Insurance
Include Copy of Policy 
The MS Word edit & save version of this Document can be purchased for £4.95 or isFREE to members. MS Word includes Guarantor Option & Prescribed Information
 
Tenant Initials_______ Landlord Initials_______ Guarantor Initials_________ Version www.:riky.co.ukFREE AST
3
1RENT AND OTHER CHARGES
1.1Once this Agreement has commenced and until it is legally ended the Tenant must:1.1.1Pay the Rent in full and on the dates agreed.If the rent is late the Landlord can charge interest at 8% a year once the rent is 14 days late. Interestwill be charged until the date full payment is received. If rent is received from a third party that will beaccepted from them as the Tenant’s agent. The Landlord will not intend to create a tenancy with anyperson who pays rent on the Tenant’s behalf. However, the Tenant need not pay rent for any periodduring which the Property are uninhabitable. The amount of rent which does not have to be paid is to becalculated pro-rata (for every day the Property are uninhabitable the Tenant does not need to pay a day’srent). This exemption does not apply if the Property are uninhabitable because the Tenant or their guestsor family did something (or failed to do something) which invalidated the Landlord’s insurance policy inrespect of the Property and the Landlord has given you notice of the requirements of that policy.1.1.2Pay all charges in respect of any gas, electric, water, sewage, telephonic or televisual services used at orsupplied to the Property and Council Tax or any other similar Property tax that might be charged inaddition to or replacement of it during the Term.The Tenant must arrange to be billed for these taxes and services and must pay the amounts in full andon time. The Tenant agrees to remain liable for these items after the expiry of this Agreement until thetenancy has legally ended.If the Property is a HMO, then the Landlord rather than the Tenant will be liable for Council Tax.
2DEPOSIT
2.1If a deposit has been provided it will be held in accordance with the TDS Rules of the Tenancy DepositScheme in which it has been held.2.2The Tenant is not entitled to any interest in respect of the deposit unless the TDS Rules so provide.2.3Subject to the TDS Rules, the Deposit is held to pay for any financial loss suffered by the Landlord as aresult of the breach of any Tenant obligation outlined under this Agreement including non-payment of rent or utility/Council Tax bills, damage to the Property or any of the items listed on the Inventory.2.4Subject to the TDS Rules, the Landlord will return the Deposit, within 10 days, when the Tenant providespaid final accounts for gas, water, electricity, telephone and Council Tax and once the Property has beenchecked. If there is a disagreement this will be dealt with in accordance with the TDS Rules.2.5The Tenant should provide the Landlord with a forwarding address at the end of the tenancy to enable thereturn of the Deposit, by cheque, to the Head Tenant.
3CONTROL OF THE PROPERTY
3.1The Tenant must not do anything which causes nuisance/annoyance, invalidates the Landlord’s insuranceor is in any way illegal, immoral or damaging to the Property.The Tenant cannot: Use or threaten to use violence against a person lawfully living in the Property; doanything which creates a risk of significant harm to a person lawfully living in the Property; engage orthreaten to engage in conduct that is capable of causing nuisance or annoyance to a person living in thelocality of the Property or engaged in lawful activity in the Property or in the locality of the Property (thisincludes loud music or other noise which can be heard outside the Property between 11pm and 7.30am orwhich will cause annoyance or annoy anyone at any other time); use or threaten to use the Property orany common parts that you are entitled to use under this Agreement for criminal purposes; put anythinginto the drains that may cause harm; have any form of heating other than that we have provided(paraffin heaters, portable gas heaters, LPG and electric fires other than those we have provided are notallowed but electric oil-filled radiators are); store any petrol or paraffin inside the Property; leave thewashing machine working when there is no-one in the Property; block any flues or ventilators to theProperty; put rubbish anywhere other than in the areas provided; allow the gas, water or electricity tobecome disconnected (the Tenant must pay for reconnecting these if it was their fault they weredisconnected); keep any pet without the Landlords permission, in writing; place posters in the Propertythat are visible from outside the Property or that will cause damage to the Property; smoke in theProperty.3.2The Tenant must not breach any restrictive covenants to which the Property is subject.The Landlord will have either a Freehold interest or a long lease on the Property and will be required toperform certain legally enforceable obligations and in turn so will the Tenant. The Tenant is required notto: Hold any auction on the Property; reduce the amount of light that comes into the Property; fix orallow to be fixed, any sign, notice advertisement or poster anywhere on the Property. Other obligations, if any, that the Landlord is required to perform (and in turn so is the Tenant) will be notified to the Tenantas an addendum at the end of this Agreement.3.3The Tenant must use the Property as a private residence and cannot run a business at the Property orallow anyone else to do so and must not assign, sublet, charge or part with or share possession of theProperty (unless the Landlord consents in writing).3.4The Tenant must not allow overcrowding or allow the number of occupiers to be such that, if the Propertyis not a licensed House in Multiple Occupation, such numbers would cause the Property to require such a
The MS Word edit & save version of this Document can be purchased for £4.95 or isFREE to members. MS Word includes Guarantor Option & Prescribed Information

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