Sample Tenancy Agreement

Assured Shorthold Tenancy

For use with one or more tenants occupying the whole of a flat or house, rent paid monthly .

The Property is situated in Wales.

Landlord: Landlord
Tenant/s:Tenant
Property Address: Flat on Sample St, Caernarfon LL55 1SA

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Assured Shorthold Tenancy

For use with one or more tenants occupying the whole of a flat or house, rent paid monthly . The Property is situated in Wales.

Dated:

Property: Flat on Sample St, Caernarfon LL55 1SA

Tenant: Tenant:

This agreement is intended to create an assured shorthold tenancy, regulated by the provisions of the Housing Act 1988 as amended. It sets out your rights and duties as tenant of this Property, and our rights and our duties owed to you as your landlord. It should be signed at the end by us both to confirm that we agree with it.

If there is an existing tenant in the property at the time this agreement is signed, note that this agreement is subject to vacant possession being provided by that tenant (or tenants if there is more than one). If the tenant refuses to move out, then this agreement will not take effect.

You should not sign this agreement unless you are sure you understand it. Read it carefully. If there is anything you do not understand, you should speak to a solicitor, or a reputable advice agency such as Shelter or the Citizens Advice Bureau (CAB), who will explain it to you.

This is an important legal document and you should keep it safe.

If anything goes wrong with your tenancy you will need it, particularly if you have to go to court.

Landlord's contact details:

If you need to contact us at any time, please use the contact details below (unless we tell you that these details have changed, and provide new details).

We agree that notices given in connection with this agreement which are required to be given in writing may be served on us at the email address given below.

Where there is an agent, the contact details will be those of the agent, and all contact should be made through the agent.

Landlords name: Landlord
Agent (if any): Lotys
Postal address: Lotys, 7 Pool Lane, Caernarfon, Gwynedd LL55 2AL
Telephone number: 01286 671886 / 07428331557
Email: info@lotys.co.uk
Other contact details: https://lotys.fixflo.com

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Main details and definitions:

The Property: Flat on Sample St, Caernarfon LL55 1SA
Extra notes: n/a

Referred to as 'the Property' in this agreement.

This includes any garden but does not include any shared areas.

The Landlord:

Landlord
Referred to as 'we' or 'us' in this agreement (even if there is only one landlord).
Note: if the owner of the Property changes, for example if the Property is sold, or if the landlord named above dies and the Property passes to someone else, this will not change your rights and obligations under this agreement. The only difference will be that the identity of your landlord will have changed.

The Landlord's agent:

If we are using an agent to manage the property and an agent's details are given in the Landlord's contact details above, all contact with us must be done through the agent. The agent has our authority to take action on our behalf relating to the tenancy, for example (but not limited to) carrying out inspections, arranging for repair work to be done, dealing with the tenancy deposit and serving notices.

Note also that a reference in this agreement to 'us' or 'we' should, where appropriate, be taken as including reference to our agent. This will continue to apply unless and until we notify you in writing that our arrangements with agents have changed.

The Tenant:

Tenant Referred to as 'you' or 'your' in this agreement. Where there is more than one tenant, this refers to all of you collectively.

Members of the Tenant's Household:

The additional persons (if any) who are permitted to live in the property (as referred to in clause 5.2.4. below) are N/A

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Collectively referred to as the members of the tenants' household in this agreement.

Persons permitted to occupy the property:

The total number of persons living in the property at any one time, including named tenants, members of the tenants household and any children, must not exceed 1.

Tenants email: N/A

If you have signed below we will normally communicate with you at this email address. By signing, you also agree that we may serve notices and other documents (including the government's How to Rent booklet) upon you electronically at this email address:
Signed: .................................................
Dated ..................................................

If you change your email address, you must let us know your new email address seven days before the change takes effect.

The fixed term:

6 months

Starting on 03-01-2020
and ending on 02-07-2020
(tenant to vacate by 11.00 am)

Once this period of time has ended, if you continue living in the Property, your tenancy will continue as a contractual periodic tenancy from month to month, starting immediately after the fixed term ends. During this time the terms and conditions set out in this agreement will still apply.

When we refer in this agreement to the fixed term, we mean the period of time given above. When we refer to the term, we mean all the time you live in the Property (which will often be longer than just the fixed term) up until one of the following occurs:

• you vacate the property either at the end of the fixed term or, after the fixed term has ended, after giving notice that you want to end the agreement (see section 10 below);
  
• or we enter into a new written agreement with you; or 
  
• this agreement is ended by consent or a court order.
  

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The rent:

£400.00 per calendar month.
The payment date: 3rd of every month.

The first payment should be made by you at or before the time you sign this agreement. All subsequent payments must be paid every month in advance on the payment date. Payment should be by standing order into our bank account, details of which have been provided to you. All payments (including any payments made by cheque or internet transfer) must reach our bank by the payment date. Any cheques therefore must be given to us at least five days before the payment date.

The deposit:

£400.00.

You confirm that any deposit money has been paid to us by you and not by any third party.

The deposit is sometimes also known as a damage deposit or bond. It is a sum of money paid to us which will be returned to you if the Property is left in good condition, and provided all the rent due has been paid, when you move out of the property at the end of your tenancy.

We will register the deposit (if any) with one of the government authorised tenancy deposit schemes (the Tenancy Deposit Scheme) within 30 days of receiving it, as required by the Tenancy Deposit Scheme rules. For more information on the deposit see section 2 below.

Other permitted charges:

You may be required to pay any of the following charges in addition to the rent and the deposit (if any):

The fees set out in the annexed schedule of fees

• Payments in respect of Council Tax.
  
• Payments for Utilities i.e. electricity, gas or other fuel, water and sewerage.
  
• Payments towards Energy Efficiency improvement under a Green Deal charge (as set out in Section 1 of the Energy Act 2011) or any subsequent energy efficiency scheme - if the terms of this agreement requires the payment to be made.
  
• Payments to the British Broadcasting Corporation (BBC) in respect of a television licence.
  
• Payments in connection with provision of any of the following communication services: 
  
•  a telephone other than a mobile telephone; the internet; cable television, satellite television.
  

listed above are the charges authorised by the Renting Homes (Fees etc.) (Wales) Act 2019 and will be referred to below as the 'Permitted Charges'. Note however that the Renting Homes (Fees etc.) (Wales) Act 2019 does not affect our right to claim reasonable compensation from you where you have breached the terms of this agreement.

Notices:

Notice giving permission to the landlord to gain access for gas safety inspections:

By signing below you confirm that we may use our keys to provide access to our Gas Safe Registered gas engineer for the purpose of carrying out the annual gas safety check, so long as you have been given not less than 24 hours notice in writing.

It is agreed between us that this permission can be revoked by you, so long as you give us not less than 24 hours notice in writing.
Signed: .................................................
Dated ..................................................

Important notes:

When you are responsible for the actions of others:

You are responsible for the behaviour of everyone who lives in or visits the Property. Therefore, for example, if the Property is damaged by one of your visitors, we will claim the cost of repair from you (as compensation for breach of the terms of this agreement), rather than from the visitor. It may be possible for you to claim repayment from the visitor but this is something you will have to do yourself.

When this agreement says that you must do or must not do anything, this will automatically include your family, anyone else living at the property, and all visitors.

Requirement for Vacant Possession at the end of your Tenancy:

You are required to provide vacant possession at the end of your tenancy. You understand and agree that if we find one or more persons still living at the Property after you have left at the end of your tenancy, and if it reasonably appears that the person or persons were allowed into occupation during your tenancy (for example (but not limited to) lodgers and guests) then this will be a breach of the terms of this agreement and we will be entitled to claim from you our reasonable costs and expenses incurred in evicting those persons.

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Some more definitions:

The inventory:

This is a list of all our possessions (e.g. fixtures and fittings) which are at the Property. It may also contain information about the condition of these possessions and the Property itself. You will be given an opportunity to check the inventory at the Property. It should then be signed and dated by us both to confirm that it is correct. A copy of the inventory should then be attached to this agreement and kept with it.

Fixtures and fittings:

This means all of our appliances and furnishings in the Property, including installations for supplying or using gas, electricity and water.

Shared areas:

Any parts of the building (but not the Property) which are shared by you with other people, for example this could include halls, stairways, entrances, shared gardens or landscaped areas (.i.e in a block of flats). Note that there may be no shared areas, for example if a Property is a house with its own garden.

Fair wear and tear:

This is the deterioration in the condition of the Property and its contents which occurs naturally as a result of being lived in, and used in a reasonable and legal manner. The amount of wear and tear in a property which will be considered fair, will depend on a number of factors, including the length of time the property has been lived in by the tenants, the number and age of the people allowed to live there, and whether the landlord has allowed pets and/or smoking.

Terms and conditions:

Note that individual terms and conditions in sections 1 to 12 may be replaced or modified by the additional clauses (if any) set out in section 13 below.

1. Payments, utilities and costs:

1.1.
You must pay the rent in advance at the times and in the manner set out above in full and without deduction or set off (save any that may be permissible in law).

1.2
You are not entitled to withhold payment of any rent or any other money due to us because you have paid a deposit.

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1.3
If anyone other than the tenant named in this agreement pays all or part of the rent, this payment will be treated as being paid by the other person on your behalf (as your agent or representative) and we will be entitled to assume this without having to ask you.

1.4
You need not pay any rent for any period during which the Property is wholly uninhabitable. The amount of rent which you do not have to pay will be calculated pro-rata (for every day the Property is uninhabitable you need not pay a days rent). Likewise if part of the Property is uninhabitable you will only be responsible for paying rent for the part of the Property you are able to use, and your rent will be reduced accordingly. This clause does not apply if the Property or part of the Property is uninhabitable because of something you did or did not do, or because you did something (or failed to do something) which invalidated our insurance policy.

1.5
You must pay interest at the rate of 3% per annum above the Bank of England base rate on any rent which you owe to us and which remains unpaid for more than 14 days, interest to be paid from the date the payment fell due until you pay the money to us.

1.6
During the term you must pay the water sewerage and environmental charges for the Property, and pay for utility supplies used (including gas, electricity and telephone, and any standing charges and VAT) and the TV licence fee for the Property, insofar as these are Permitted Charges. You will also be responsible for the cost of any other similar services which are Permitted Charges which relate to your use and occupation of the Property for the period of your tenancy, including any new services which may be developed or provided after this agreement has been signed. For the avoidance of doubt, it is specifically agreed that you will remain responsible for these costs and expenses until such time as your tenancy ends, should you stay beyond the fixed term set out at the start of this Agreement.

1.7
You must also pay to the relevant local authority all council tax due in respect of the Property for the period of your tenancy.

1.8
If any utility or other service is cut off because you have failed to pay what you owe or have not followed specific instructions, this will be a breach of the terms of this agreement and you will be liable to pay any costs associated with reconnecting or continuing the service.

1.9
If you wish to change the supplier or provider of any of the services to the Property then you must notify us of this in advance of the change.

1.10
You must pay any costs and expenses which we have been put to, where you have breached the terms of this agreement as set out in our schedule of fees. This includes (but is not limited to) fees incurred by us where you have requested us to attend the property for an emergency caused by you, including (but not limited to) broken windows or keys locked inside the property, and also damage to the property caused by your neglect or wilful behaviour.

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2. The deposit:

(Note, if no deposit has been paid, this section will not apply.)

2.1
When you or a third party pay the deposit to us, we will arrange for it to be protected by an authorised Tenancy Deposit Scheme as required by the Housing Act 2004. We will give a notice to you confirming that this has been done within 30 days.

2.2
We will follow the rules of the tenancy deposit scheme at all times.

2.3
Note that the Deposit has been taken for the following purposes.

2.3.1 Any rent or other money due or payable by you under the tenancy agreement of which you have been made aware and which remains unpaid after the end of the tenancy.

2.3.2 Any damage, or compensation for damage, to the Property its fixtures and fittings or for missing items for which you may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy, insured risks and repairs that are our responsibility.

2.3.3 The costs incurred in compensating us for, or for rectifying or remedying any breach by you of your obligations under the tenancy agreement, including (but not limited to) those relating to the cleaning of the Property, its fixtures and fittings, plus any charges incurred by us due to your failure to comply with the terms of this agreement, for example (but not limited to) the condition of the property, any call out charges incurred by reason of your failure to allow our contractors access after an appointment date and time has been agreed with you and/or emergency and out of hours visits to the property in respect of a problem caused by you.

2.3.4 Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the Property for which you are liable.

2.3.5 Any legal costs awarded to us in legal proceedings brought against you in connection with your tenancy of the Property, for example (but not limited to) any claims for possession.

2.4
You will not be entitled to any interest payable on the deposit money.

2.5
Where the deposit has been paid by a third party whose details have been provided as a third party deposit payer above, then unless we are told otherwise by the third party, the deposit money will be refunded to them rather than to you, using the contact details provided.

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2.6
Joint consent to adjudication: If there are multiple tenants then you each agree with the other tenants that any one of you may consent on behalf of the others to use the alternative dispute resolution through a tenancy deposit protection scheme to deal with any dispute about the deposit at the end of the tenancy.

2.7
If there is a change of Landlord during the Tenancy, you hereby consent to the transfer of the amount of the Deposit (or the balance of it) if appropriate to the purchaser or transferee of the Property at which point the vendor of the Property shall be released from any further claim or liability in respect of the Deposit or any part of it.

2.8
We will not be obliged to refund the Deposit or any part of the Deposit on any change in the person or persons who for the time being comprise 'you' the tenant.

2.9
If there are multiple tenants, the deposit money may be repaid to any one of you and this repayment shall discharge us from any further liability in respect of the amount repaid.

3. The Condition of the Property and Disrepair:

Our responsibilities:

3.1
We will make sure that the Property is in good condition at the time it is let to you, without any 'category 1 hazards'. This is in line with the standards set under the Housing Health and Safety Rating System, described in Part 1 of the Housing Act 2004.

3.2
Where appropriate, we will carry out our responsibilities under the Landlord and Tenant Act 1985 section 11, the Gas Safety (Installation and Use) Regulations 1998, and the Electrical Equipment (Safety) Regulations 1994.

3.3
In simple terms, our responsibilities under the Landlord and Tenant Act 1985 section 11 are to keep the following (where provided by us) in good repair and proper working order:

3.3.1 the structure and exterior of the Property (including drains, gutters and external pipes).

3.3.2 the installations at the Property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences). However we will only be responsible for the fixtures, fittings and appliances for making use of the supply of gas, electricity and water, if they are owned and supplied by us.

3.3.3. the installations for space heating and heating water. 

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3.4
Other fixtures, fittings and freestanding appliances provided by us at the property will only be repaired or replaced by us at our discretion.
3.5
However, we will not be responsible for:

3.5.1 carrying out work that you are responsible for under your duty to use the Property in a 'tenant like manner';

3.5.2 rebuilding or reinstating the Property if it has been destroyed by fire, storm or flood or some inevitable accident; or

3.5.3 repairing or maintaining anything which belongs to you.

3.6
If the Property is a flat or maisonette within a larger building, we will have similar obligations towards the rest of the building, but only for damage or neglect which will affect your use of the Property, and only if we are legally entitled to enter the relevant part of the larger building and carry out the necessary work or repairs.

3.7
N/A.

Your responsibilities:

Note:
As a tenant you are legally obliged to use the Property in a 'tenant like manner'. This means that you must take proper care of the Property and do any little jobs that do not fall within our legal responsibilities under section 3.3 above or which are not caused by fair wear and tear. This includes (but is not limited to) things such as cleaning the windows, unstopping the toilet or sink if it is blocked by your waste, changing light bulbs, keeping grass cut and sweeping up fallen leaves, and wiping away excess moisture from windows due to condensation.

3.8
You must not make any alteration or addition to the Property, or do any redecoration without our permission in writing (which we will not refuse or delay without good reason).

3.9
You must keep the inside of the Property, and our fixtures and fittings, in good condition, undamaged (other than by fair wear and tear), and clean and tidy.

3.10
You must keep any shared areas clean and fit for use by you and anyone else living in or using them.

3.11
You must take reasonable steps to keep the Property adequately ventilated and heated so as to prevent damage by condensation.
 
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3.12
You must tell us promptly about any repair that is needed, or any act of vandalism done to the Property or any fixtures, fittings or items provided by us or items that we are responsible for. If possible you should tell us in writing. Where you have spoken to us about the problem, you should if possible confirm this to us in writing within three days, or as soon as is reasonably practicable.

3.13
Where you are responsible for the condition of the Property, any shared areas and/or our fixtures and fittings and where any damage is caused which is not down to 'fair wear and tear' then you will be responsible for the cost of repair. If for any reason repair is not reasonably possible then you will be responsible for the reasonable cost of replacement.

3.14
You must not block or obstruct the drains and pipes, gutters and channels in or around the Property, and you must take all reasonable steps to prevent any part of the draining and heating systems becoming frozen during the winter months. You will be responsible for paying for or refunding (as far as is reasonable) all losses we and any of your neighbours suffer as a result of your failure to follow this condition.

3.15
You must keep the garden (if there is one) neat and tidy and maintained to the same standard as it was in at the start of your tenancy.

3.16
If we have prepared an inventory and/or statement of condition of the Property (the Inventory) and provided this to you, you must let us have any written comments or amendments to the Inventory within 7 days of the start of the tenancy or the date when you were given the Inventory (whichever is the later) otherwise you will be taken as accepting it as a full and accurate record of the condition of the Property and its contents.

4.Health and safety:

(See also the section above on the condition of the Property and disrepair for our responsibilities).

4.1
You must not keep any dangerous or flammable goods (those that easily catch fire), materials or substances in or on the Property, apart from those needed for general household use (such as matches).

4.2
You must not use any form of heating other than the heating system provided by us, unless you have our written permission (which we will not refuse or delay without good reason). In particular you must not use any oil or liquid petroleum gas fires or burn any solid fuels in the property.

4.3
In view of health and safety issues, you must not install any gas appliances without our express permission in writing (which we will not refuse or delay unreasonably). A condition of our agreement (if we are willing to agree to your request) will be that the appliance has been checked within the last 28 days and pronounced safe by a gas engineer registered with the Gas
Safe Register.

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4.4
You must not smoke inside the Property or in any shared areas .

4.5
Provided we have checked all smoke alarms and carbon monoxide alarms in the Property at the start of the tenancy, you must test all smoke alarms and carbon monoxide alarms installed in the Property at regular intervals in accordance with their instructions, and (where applicable) replace the batteries when required.

4.6
You must keep the Property free from vermin.

4.7
You must keep all shared areas and all fire escapes, in particular (but not limited to) passages and hallways, free from obstruction.

4.8
You must dispose of all rubbish in an appropriate manner using the rubbish bins provided and ensure that these are placed on the correct days in the correct area for collection by your Local Authority waste collection scheme.

5. Using the Property:

Our responsibilities:

5.1
We will allow you to use and enjoy the Property during the term without interference from us or anyone acting on our behalf. However, this does not affect our right to take legal action against you to enforce our rights if you break any of the terms of this agreement. (Note - this type of clause is often called 'the covenant of quiet enjoyment').

Your responsibilities:

5.2
We agree that (subject to clause 5.2.5 below), in addition to you, the tenant, the following person(s) (who for the avoidance of doubt are not tenant(s)) may live at the Property:

5.2.1 your children or other dependents who are under 18 years of age at the start of the Tenancy; and

5.2.2 the adults listed as "Members of the Tenant's Household" at the start of this agreement (if any)

However:

5.2.3 You must not allow any other adults to live at the Property without our written permission (which we will not unreasonably withhold or delay). If permission is granted a condition of our agreement may be that the rent is increased to cover the additional wear and tear at the property.

5.2.4 Visitors cannot stay at the Property for more than three nights in any one week and no more than ten nights in any one month without our written permission (which we will not unreasonably withhold or delay).

5.2.5 You must ensure that not more than 1 persons live at the Property.

5.2.6 Any obligation on you under this agreement to do or not to do anything shall also require you not to permit any member of your household or visitor to do or not to do the same thing.

5.3
You must use the Property as your only or principal home.

5.4
You must not use the Property for the purposes of a business, trade or profession except with our prior written consent which must not be unreasonably withheld or delayed. In particular, it will not be unreasonable for us to withhold consent if there is a reasonable likelihood that the use proposed would:

5.4.1 give rise to a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies; and/or

5.4.2 cause a nuisance to the occupiers of neighbouring properties or significantly increase wear and tear to the Property. and further, any permission granted will be on condition that neither of these will occur. If permission is granted a condition of our agreement may be that the rent is increased to cover the additional wear and tear at the property. If permission is granted but it then becomes apparent that either 5.4.1 or 5.4.2 above have or are likely to occur we will be entitled to withdraw our consent upon giving you not less than 28 days written notice.

5.5
You must not do anything on or at the Property that:

5.5.1 causes or is likely to cause a nuisance or annoyance to anyone else living in the Property or anyone who owns or lives in nearby premises.

5.5.2 is illegal or immoral.

5.5.3 allows strangers unsupervised access to any shared areas which are not open to the general public You will be responsible for paying (as far as is reasonable) for all losses we, and anyone else, may suffer as a result of you not following this condition.

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5.6
You must not leave the Property empty for a continuous period of more than 28 days without telling us, either beforehand or as soon as possible in an emergency, and you must make the Property secure when you are leaving it unattended.

5.7
You must not keep any pet or any kind of animal at the Property unless you have our written permission (which we will not refuse or delay without good reason). If you apply for permission to amend this agreement to allow you to keep a pet and permission is granted, a condition of our agreement may be that the rent is increased to cover the additional wear and tear at the property.

6.Insurance:

Our responsibilities.

6.1
We will insure the Property and any contents that belong to us, and will make reasonable efforts to arrange to repair any damage caused by an insured risk as soon as possible.
6.2
We will give you upon request a copy of our insurance policy, or an extract of the relevant parts.

Your responsibilities:

6.3
Where we have provided you with details of our insurance under 6.2 above, you must not do or omit to do anything on or at the Property that will in any way affect the insurance of the Property and its contents, or which will increase the premium that we have to pay. If you do not follow this clause you will have to re-pay to us, for the period of time you are living at the Property, any extra amount we have to pay for our insurance premium, which is due to your conduct or the conduct of anyone you have allowed to live at or visit the Property.

6.4
You are strongly advised to take out insurance with a reputable insurer for your possessions as they will not be covered by our landlords insurance policy.

Note:

It is not possible for our insurance policy to include cover for your possessions as this is not something provided by insurers. This is why you need to arrange for your own insurance.

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7. Landlords inspections and keys:

7.1
You must allow us, or our agent (if any) or anyone with our permission in writing, to enter the Property at reasonable times of the day to inspect its condition and state of repair, and give us sufficient access to carry out any necessary repairs, improvements and inspections (for example, but not limited to, gas safety inspections, fire inspections and inspections of any smoke and carbon monoxide alarms), and/or show the Property to interested prospective tenants or buyers, as long as we have given you at least 24 hours' notice in writing beforehand (except in an emergency).

7.2
If you breach the above clause by failing to allow us access after an appointment date and time has been agreed between us (and this is not cancelled or re-arranged by agreement), then you will be responsible for reimbursing any costs reasonably incurred by us, for example (but not limited to) any call out fees charged by our workmen or agents.

7.3
We are however entitled by law to visit and inspect any shared areas without giving you prior notice, provided our visit is for a lawful reason and is carried out at a reasonable time.

7.4
You agree that if the property is to be unoccupied for a period of more than 28 consecutive days we may have access during that period for the purposes of keeping the Property insured and taking such steps as may reasonably be necessary to mitigate the risk of damage to the Property during that period.

7.5
We are entitled to keep keys for all the doors to the Property, but we are not entitled to use them to enter the Property without your permission (unless it is an emergency).

7.6
You must not install or change any locks in the Property or cut any additional keys for the locks previously installed without our prior written consent, such consent not to be unreasonably withheld. If any new locks are installed you must provide us with two copies of keys for each lock changed.

7.7
If, in breach of this agreement, any additional keys are cut you must provide these to us together with all remaining original keys at the end of the Tenancy. If any keys or security devices have been lost, you will be liable to pay our costs of replacing the lock or security device and obtaining new keys, to ensure that the security of the property is not put at risk.

7.8
If any lock is installed or changed in the Property without our prior written consent, then if requested by us, you must remove that lock and make good any resulting damage.

7.9
Where it is reasonable for us to replace or change the locks in the Property, because of anything that you have done or not done which is in breach of the terms of this agreement, you will be responsible for refunding to us any costs that may be incurred by us.

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8. Notices, post and documents:

8.1
This clause formally notifies you, under section 48 of the Landlord and Tenant Act 1987, that you should serve any notices (including notices in legal proceedings) on us at the address we give at the start of this agreement.

8.2
You must tell us promptly about any notice or order received by you that affects the Property.

8.3.
You must forward to us promptly all post received at the property which is addressed to us. If you receive any other post which is not addressed to you, please let us know.

8.4
Any notices or other documents, including any court claim forms in legal proceedings, will be properly served on you during your tenancy by being personally served on you, or by being left at the Property.

They will also be properly served if sent to you at the Property by recorded delivery or registered post so long as the recorded delivery / registered post item is not returned by the postal service as undelivered.

Notices served personally on you will be deemed served at the time of service, if they are left at the Property on a business day before 4.30 pm they will be deemed served on that day, otherwise they will be deemed served on the next business day.

Notices served by recorded delivery will be deemed served on the second day after posting or as shown by any certificate of receipt provided by the postal service.

8.5
Service by email: If you have signed to confirm that you consent to service upon you by email at your email address then any notice or document will be deemed served on the next business day after being sent. If we have agreed that notices may be sent to us by email they will be deemed served the next business day after being sent.

9. Data protection General Information:

Under the Data Protection rules, we have a legal obligation to keep your data safe and only use it appropriately. As we are in a contractual relationship with you under the terms of this tenancy agreement we have the right to process your data where it is necessary for us to manage your tenancy properly and fulfil our contractual obligations. There may also be circumstances where we may be required by law to provide your details to the authorities. See below for some situations where we may be obliged to share your data with third parties. For more information on how we use your data see our Data Information or Privacy notice. Information about Data Protection and your rights generally can be found on the Information Commissioner's website at https://ico.org.uk/

9.1
From time to time we may pass all or part of your data to third parties in order that they may carry out specific work on our behalf relating to our obligations under this Agreement.

9.2
If requested to do so by any utility or other similar company, note that we reserve the right to pass on to them any contact or other information we may hold about you. For example, to assist them recover any outstanding invoices due to them.

9.3
We also reserve the right to pass your information on to tracing agents employed by us should you fail to provide a forwarding address after you have vacated the property, if we need to contact you for example if you owe us money or for any other lawful reason.

9.4
In order to protect our position against any claims or legal issues that might arise in respect of the property and the tenancy, and to enable us to provide documentation to any relevant authorities (for example but not limited to the tax authorities and the Home Office) if required, we reserve the right to retain all data and documentation for at least seven years from the end of the tenancy or for any longer limitation period which may apply.

9.5
You are entitled in law to ask us to provide you with copies of personal information we hold about you provided this is done in writing setting out the specific information you require. Should you wish to make such a request please send your written notice to us at the contact details given at the start of this Agreement. Insofar as your request is reasonable, we will provide you with a copy of the details within one month of receipt of your written request.

9.6
Where there is a guarantee, you agree that we may share information about the tenancy with the guarantor.

10. Ending or transferring this agreement:

10.1
You must not transfer ownership of (assign) this tenancy, or borrow any money on the security of the Property or your tenancy.

10.2
You must not sublet the property or any part of the Property without our express permission in writing, which we will not refuse or delay unreasonably.

10.3
You cannot normally end this agreement before the end of the fixed term. However, after the first four months of the fixed term, if you can find another suitable tenant to replace you (the new tenant), and if we approve the new tenant (we will not refuse or delay our approval without good reason), you can give written notice to end the tenancy not less than one month from the date that we give our approval or alternatively on whatever date is agreed between us. At the end of this notice period, the tenancy will end as long as:

10.3.1 you have paid all the rent to the end of your notice period, together with any other money, legally due to us in respect of your tenancy.

10.3.2 the new tenant has signed a tenancy agreement with us for a period of either six months or for a period which is equal to the rest of your fixed term.

However if this is not done you will remain responsible for the rent along with the other bills payable by you as set out in this Agreement until the end of the fixed term, even though you may no longer be living at the Property.

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10.4
If you continue to live in the Property after the expiry of the fixed term and if no further tenancy has been entered into by us, then your tenancy will continue as a contractual periodic tenancy which will run from month to month, starting immediately after your fixed term ends.

10.4.1 You can end this periodic tenancy at any time by giving us not less than one month's notice in writing, the notice period to run from the start of the next monthly period.

10.4.2 We can end the periodic tenancy any time upon giving you not less than two months written notice.

10.5
If you do not pay the rent (or any part) within 21 days of the payment date (whether we have formally demanded it or not), or if you do not carry out your obligations under this agreement, or if any of the circumstances mentioned in the grounds set out in schedule 2 and in schedule 2A of the Housing Act 1988 arise, we can repossess the Property and end your tenancy, as long as we follow the proper legal procedure. We keep all our other rights as far as your responsibilities under this agreement are concerned.

Note: if anyone lives at the Property or if the tenancy is an assured or an assured shorthold tenancy under the Housing Act 1988, we cannot repossess the Property without a court order. This clause does not affect your rights under the Protection from Eviction Act 1977.

10.6
If the Property is completely destroyed or becomes uninhabitable (for example due to fire or flood), then this agreement will end. However this does not affect the right of either of us to claim against the other in respect of something which happened or did not happen before this agreement ended, or our right to claim against you if the Property was destroyed or becomes uninhabitable because you did not follow or comply with your obligations under this agreement.

Guidance note: Expiry of the fixed term:

Clause 10.4 provides that unless we enter into a new tenancy (or sign a tenancy renewal form) before or at the end of the fixed term, if you remain in the property your tenancy will continue as a periodic tenancy.

This periodic tenancy is different from the 'statutory' periodic tenancy which is created under section 5 of the Housing Act 1988 after assured shorthold tenancies come to an end. This is a 'contractual' periodic tenancy because it is created by this tenancy agreement (ie by contract), rather than by the Housing Act (ie by statute).

As it is a continuation of this tenancy the same terms and conditions will continue to apply.

11. Leaving the Property:

11.1
During the last two months of the fixed term (and not later than 28 days before the end of the fixed term), you must tell us whether you intend to stay in the Property or leave at the end of the fixed term. This is to allow us time to make all necessary arrangements for receiving the Property back such as arranging for a check out meeting and finding a replacement tenant. You will be responsible for refunding to us any additional expenses which we may incur as a result of your breach of this clause. This clause does not affect your legal rights.

11.2
Before you leave, you must, if appropriate, tell all utility companies and arrange for final meter readings. If you are responsible for any unpaid debts or court judgements registered against the Property, you must do what is necessary to make sure that these are no longer registered against the Property. If you do not follow this clause, you will be responsible for paying our reasonable costs and expenses that may result from this.

11.3
You must leave the Property and its contents clean and tidy and in the same condition that they were in at the beginning of the term, with all items on the inventory (if any) in the same rooms that they were in at the start of your tenancy as set out in the inventory. However, you will not be responsible for any damage caused by fair wear and tear.

11.4
You must give us a forwarding address and telephone number before you leave the Property.

11.5
You must remove all rubbish and all personal items (including your own furniture and equipment) from the Property and return all the keys for the Property (together with any identifying key fobs) to us by 11.00 am on the last day of the tenancy. If you wish to vacate later than the stated time, you should get our permission in writing, which we will not refuse or delay without good reason.

11.6
If, in breach of the above clause, any items are left at the Property after the Tenancy has ended, you will be responsible for meeting all reasonable removal and storage charges. We will remove and store the items for one month (other than any perishable or hazardous items which will be disposed of immediately) and will take reasonable steps to notify you. If the items are not collected within one month, you agree that we may dispose of the items and you will be liable for the reasonable costs of disposal. The costs of removal, storage and disposal may be deducted from any sale proceeds.

11.7
Unless otherwise agreed, we will not forward any post on to you after you have vacated the property, and we suggest you arrange for your post to be re-directed to you via the Post Office re-direction service.

11.8
When you leave at the end of the tenancy you must give vacant possession.

12. Guarantee clause:

As there are no guarantors provided for in this document, this section does not apply.

13. Additional clauses:

n/a

Signed as a Deed:

Our signature (landlord): ............................................... .................................................. All signed in the presence of: Name and address of witness: ............................................... .................................................................................................... .................................................................................................... Your signature (tenant): ............................................... .................................................. ............................................... .................................................. All signed in the presence of: Name and address of witness: ............................................... .................................................................................................... ....................................................................................................

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Landlord Initials: ................................................... Tenant Initials: ................................................................... (Note - tenancy agreements are not invalidated if they are not signed as a deed by having no witnesses to signatures. However, this agreement provides for signature as a deed so this can be used if needed) © 2019 Landlord Law Services Ltd www.landlordlawservices.co.uk. All rights reserved: No part of this document may be reproduced, repurposed or modified in any form by any electrical or mechanical means without prior permission from the copyright owner.