Draft Ast
Draft Ast
Draft Ast
AGREEMENT
For letting a dwelling on an Assured Shorthold Tenancy
under Part 1 of the Housing Act 1988 as amended by the Housing Act 1996.
Please note this tenancy agreement is an important document. It may commit you to
certain actions for the period of any fixed term and beyond. Please ensure that if you
do not understand your legal rights you consult a housing advice centre, solicitor or
Citizens’ Advice Bureau.
This agreement is made the day of 20
1 Particulars
1.1 Parties
The “Landlord” shall include the Landlord’s successors in title and assigns. This is the person who would be
entitled to possession of the Property if the Tenant was not in possession and could be the current Landlord or
someone purchasing or inheriting the Property.
1.1.2 The Tenant
Name:
Current
Contact Address:
Post Tenancy
Contact Address:
Where the party consists of more than one entity or person the obligations apply to and are enforceable against them
jointly and severally. Joint and several liability means that any one of the members of a party can be held responsible
for the full obligations under the agreement if the other members do not fulfil their obligations.
The parties listed above agree that the Landlord’s Agent may provide their name, address and other contact details to
third parties including, but not limited to, the Landlord, contractors, referencing companies, utility providers, the local
authority and the appropriate tenancy deposit protection scheme provider.
The “Landlord’s Agent” shall mean Heritage Estate Agency of 87 - 91 High Street, Kings Heath, Birmingham, B14
7BH. Telephone; 0121 443 5900 - Email: mailto:[email protected] & mailto:[email protected]
or such other agents as the Landlord may from time to time appoint.
1.3 The Landlord lets and the Tenant takes the Property for the Term at the Rent payable upon the terms and conditions of
this agreement.
1.4 This agreement is intended to create an Assured Shorthold Tenancy as defined in Part 1 of the Housing Act 1988
(including any subsequent amendments). These tenancies do not guarantee the Tenant any right to remain in possession
after the fixed term (subject to a minimum right of occupancy of six months).
1.5 Property
1.5.1 The Property situated at and being [INSERT ADDRESS], together with the fixtures, fittings, furniture and effects
(if any) therein and more particularly specified in the Inventory signed by the Tenant and all grounds. It shall
include the right to use, in common with others, any shared rights of access, stairways, communal parts, paths and
drives.
1.5.2 The Property is ~not let as a House in Multiple Occupation within the meaning of the Housing Act 2004. The
Property does ~not require the Landlord to hold a licence to be able to lawfully let it.
1.6 Term
1.6.1 The Term shall be from and including [DATE] to and including [DATE – last date of rent payment period] and
then the tenancy continues as a monthly contractual periodic until ended following either party giving Notice.
Please see clause 2.5 as it contains important information about what you must do to end the tenancy.
1.6.2 The “Term” is to include any periodic continuation of the tenancy beyond the fixed term.
1.7 Rent
1.7.1 The Rent shall be £[RENT] per month, payable in advance by standing order to the Landlord’s Agents Bank
Account or in such other manner specified by the Landlord or the Landlord's Agent
1.7.2 The Rent shall be paid clear of unreasonable or unlawful deductions or set off to the Landlord’s Agent by banker’s
standing order or such other method as the Landlord’s Agent shall require.
1.7.3 The first payment of £[RENT] being due on [DATE] or prior to the date of taking possession.
1.7.4 Thereafter the “Rent Due Date” will be the [first day of each ~ month] during the Term of this agreement.
1.7.5 Overdue rental payments will be subject to interest of 3% above Bank of England base rate at the time of the
default occurring. The interest will be applied from the day that the rent becomes overdue, but will not be charged
to the Tenant until 14 calendar days of the rent becoming overdue.
1.7.6 Any person paying the Rent, or any part of it, for the Property during the Term shall be deemed to have paid it as
agent, for and on behalf of the Tenant which the Landlord shall be entitled to assume without enquiry.
1.7.7 It is agreed that if the Landlord or the Landlord’s Agent accepts money after one of the conditions which may lead
to a claim for possession by the Landlord (these are the conditions listed in clause 3 below), acceptance of the
money will not create a new agreement and the Landlord will still, within the restrictions of the law, be able to
pursue the claim for possession.
1.8 Deposit
1.8.1 The Deposit of £[DEPOSIT] will be paid by the Tenant.
1.8.2 The Deposit will be paid to the Landlord’s Agent.
1.8.3 The Landlord’s Agent will not pay interest on the Deposit.
1.8.4 The Deposit is held as security for the performance of the Tenant’s obligations under this agreement and to
compensate the Landlord for any breach of those obligations.
1.8.5 Subject to The Deposit Protection Service (The DPS) Custodial Terms and Conditions, the Deposit will be
refunded within 10 days, less any deductions, once the following have been completed:
1.8.5.1 the tenancy has ended and possession of the Property has been returned to the Landlord and
1.8.5.2 all keys have been returned to the Landlord and
1.8.5.3 both parties have confirmed their acceptance of any Deposit deductions and
1.8.5.4 confirmation has been received from the Local Authority that no claw back of Housing Benefit is due.
1.8.6 The Deposit is not transferable by the Tenant in any way.
1.8.7 The Deposit will be protected by The DPS in accordance with the Custodial Terms and Conditions of The DPS.
The Custodial Terms and Conditions and alternative dispute resolution rules governing the protection of the
Deposit, including the repayment process are attached and can be found at www.depositprotection.com.
1.8.8 In the event that the total amount lawfully due at the end of the tenancy exceeds the amount of the Deposit the
Tenant shall reimburse the Landlord’s Agent the further amount, within 14 days of the request being made.
1.8.9 The Landlord’s Agent will keep the interest for any amount of the Deposit not refunded to the Tenant.
1.8.10 The Deposit will be refunded, less any deductions, to the Lead Tenant.
The parties intend that no clause of this agreement may be enforced by any third party, other than the Landlord’s Agent,
pursuant to the Contracts (Rights of Third Parties) Act 1999.
2 Legal Notices
2.1 Section 47
Under section 47 of the Landlord and Tenant Act 1987 the address of the Landlord is stated to be as in clause 1.1.1 of
this agreement. An address within England and Wales for service of notices is as in clause 2.2.
2.2 Section 48
Until you are informed in writing to the contrary notice is given pursuant to section 48(1) of the Landlord and Tenant
Act 1987 that your Landlord’s address for the service of notices (including notices in proceedings) is as follows:
Heritage Estate Agency Ltd, 87-91 High Street, Kings Heath, Birmingham, B14 7BH
If the Tenant wishes to serve notice to end the tenancy, this is the address to which it must be sent.
3 Possession
3.1 Without limiting the other rights and remedies of the Landlord, the Landlord may seek to lawfully terminate the tenancy
by obtaining a court order if:
3.1.1 the Rent or any part of it is in arrears, whether formally demanded or not, or
3.1.2 the Tenant is in breach of any of the obligations under this agreement, or
3.1.3 any of the grounds of Schedule 2 of the Housing Act 1988 apply (these grounds allow the Landlord to seek
possession of the Property in specified circumstances, including rent arrears, damage to the Property, nuisance and
breach of a condition of the tenancy agreement), or
3.1.4 a notice is served under section 21 of the Housing Act 1988 (section 21 gives the Landlord a right to end an
assured shorthold tenancy without any specific reason, though only after any fixed term has ended, or in operation
of a break clause).
Tenants who are unsure of their rights should seek advice.
4 Tenant’s Obligations
The Tenant agrees to:
4.1 Payments
4.1.1 Pay the Rent on the day and in the manner specified.
4.1.2 Pay a fair proportion of all charges, based on the length of the tenancy, including water and sewerage charges, rates
and assessments (but of an annual or recurring nature only) and for all gas, electricity, oil or solid fuel consumed
on the Property (including all fixed and standing charges, including any Green Deal cost) and all charges for the
©TFP. DRAFT AST Signature …………………….…………….. Page No. 4
telephone during the Term of this agreement. If the Landlord is held responsible by law for the payment of any of
these bills the Tenant agrees to refund to the Landlord the amount covering the Term of this tenancy.
4.1.3 [REMOVE IF HMO Pay the Council Tax, or any replacement taxation (even of a novel nature), in respect of the
Property for the Term of this agreement, unless and until the tenancy is lawfully terminated. This includes
refunding the Landlord any charge levied against the Landlord in respect of the Property.]
4.1.4 Notify the relevant authorities and arrange and pay final accounts on possession being returned to the Landlord.
4.1.5 Pay the Landlord for the reasonable cost of providing replacement keys or security devices for the property up to a
maximum of £50 inclusive or greater where the Landlord has receipts or evidence to show such costs have been
incurred
4.1.6 Pay the Landlord a maximum of £50 inclusive or greater where the Landlord has receipts or evidence to show such
costs have been incurred, for each amendment/change to the Tenancy Agreement requested by the Tenant and
agreed by the Landlord.
4.1.7 Pay the Landlord, where a surrender of the tenancy has been agreed, any losses incurred by the Landlord on
acceptance of the surrender, which could be but not limited to the remaining rent for the term, re advertising costs,
utility supply costs, council tax and costs for any legal services retained.
4.2 Repairs
4.2.1 Keep the Property including all of the Landlord’s machinery and equipment clean and tidy and in good and
tenantable condition, repair and decorative order, (reasonable wear and tear, items which the Landlord is
responsible to maintain, and damage for which the Landlord has agreed to insure, excepted).
4.2.2 Not permit any waste, injury or damage to the Property, or make any alteration or addition to the Property or the
style or colour of the decorations.
4.2.3 Notify the Landlord promptly of any wet rot, dry rot or infestation by wood boring insects.
4.2.4 Promptly replace any broken glass where the Tenant, his friends or visitors are responsible for the damage.
4.2.5 Undertake promptly any repairs for which the Tenant is liable following any notice being served by the Landlord
or the Landlord’s Agent and if the Tenant does not carry out the repairs the Landlord may, after correct written
notice, enter the Property, with or without others, to effect those repairs.
4.2.6 Where the Property has a chimney that is used by a solid fuel appliance and the Tenant uses the solid fuel
appliance, the Tenant agrees to get the chimney swept as often as needed.
4.2.7 The Tenant agrees to test all smoke and carbon monoxide alarms on a weekly basis, to clean the alarms on a three
month basis using the soft brush of a vacuum cleaner and to replace replaceable batteries as and when necessary.
4.2.8 The Tenant cannot act in such a way which requires the Landlord to claim against their insurance policy, whether
such action is through negligence, misuse or failure to act reasonably by the Tenant or any of their visitors or
friends.
4.2.9 The Tenant must arrange for the removal of all vermin, pests and insects, if infestation begins seven days after the
original tenancy commencement, woodworm and woodboring insects excepted, unless such infestation occurs as a
failure of the Landlord to fulfil his repairing obligations.
4.4 General
4.4.1 Not permit or suffer to be done on the Property anything which may be, or may be likely to cause, a nuisance or
annoyance to a person residing, visiting or otherwise engaged in a lawful activity in the locality. This responsibility
includes the actions and behaviour of visitors and friends of the Tenant.
4.5 Insurance
4.5.1 Be responsible for effecting any insurance the Tenant requires for their own possessions.
4.5.2 The Landlord is not providing any insurance cover for the Tenant’s possessions.
5 Landlord’s obligations
The Landlord agrees with the Tenant as follows:
7 Housing Benefit
7.1 The Tenant agrees that the appropriate authority may discuss with the Landlord and the Landlord’s Agent the details of
any Housing Benefit, Council Tax or Universal Credit claims made at any time in relation to the renting of the Property.
7.2 If the Landlord or Landlord’s Agent so requires and the rules allow it, the Tenant consents to any Benefit being paid
directly to the Landlord’s Agent.
7.3 The Tenant agrees to refund to the Landlord’s Agent any Benefit overpayment recovery which is sought from the
Landlord or the Landlord’s Agent in respect of this tenancy, either before or after the Tenant has vacated the Property,
where this creates a shortfall in the money owed to the Landlord or the Landlord’s Agent.
8 ~Guarantor
8.1 In consideration for the Landlord granting the Tenant a tenancy of the Property, the Guarantor agrees to pay the
Landlord and the Landlord’s Agent for any reasonable losses suffered as a result of the Tenant failing to fulfil any of his
obligations under this agreement or failing to pay Rent or other monies lawfully due.
8.2 The Guarantor agrees to pay, on demand and in full, any overdue Rent or other monies lawfully due under this
agreement for the full Term and until vacant possession is given to the Landlord.
8.3 The Guarantor agrees to make payments lawfully due under clause 8.1 or 8.2 even after the Tenant has returned
possession of the Property to the Landlord.
The Landlord or the Landlord’s Agent sign this agreement to confirm acceptance of the terms within it and in accordance with
Statutory Instrument 2007 No. 797 Regulation 2(1)(g)(vii), the Landlord certifies that the information provided about the
Tenancy Deposit Protection prescribed information is accurate to the best of his knowledge and belief; and that the Tenant has
had the opportunity to sign this document containing the information provided by the Landlord, by way of confirmation that
the information is accurate to the best of the Tenant’s knowledge and belief.
The Tenant is advised to ensure they have read and understood this agreement before signing it.
The Tenant signs this agreement to confirm acceptance of the terms within it and in accordance with Statutory Instrument 2007
No. 797 Regulation 2(1)(g)(vii)(bb), the Tenant confirms that the information provided for the Tenancy Deposit Protection
prescribed information is accurate to the best of his knowledge and belief.