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Please check my tenancy agreement?
SkintBint
Posts: 76 Forumite
Hello, would you mind having a look at this - I can't see anything too bad in it. Not sure on the 3% above interest rate part but hopefully I won't get into that trouble anyway?
Date: XXXXX
This agreement is between:
XXXXX the landlords and you (individually and together)
XXXXX the tenant (or tenants)
The rent is £XXXX (XXXX pounds) every month
The rent of equal monthly payments must be paid by standing order in advance five working days prior to the due date to ensure the funds are cleared funds on the due date. The rent must be paid to the following account.
Account name: XXXXX
Bank: XXXXX
Sort Code: XXXXX
Account no: XXXXX
A deposit of £XXXX (XXXXXX pounds) to be made a minimum of 7 days prior to start date of contract. This amount will be held by my agent in a client account and registered with a tenancy deposit scheme in accordance with the regulations and will be used at the end of the tenancy to pay for any repairs etc.
I let out the property:-
[FONT="]XXXXX[/FONT]
to you (individually and together if there is more than one of you) as well as the fittings and fixtures and any items that are on the inventory list that you and my agent signed.
2.Keep the inside of the property in at least as good a condition as it was when the tenancy started (fair wear and tear excepted). Also, at the end of the tenancy you must leave all the fittings and fixtures and any items that are on the inventory list in the rooms or places they were in at the beginning of the tenancy.
3.Repair any damage that you have done deliberately or that was caused by the neglect or carelessness of you or anyone else visiting the property. This includes replacing any broken glass in windows and repairing or replacing any damaged fittings or installations. If you do not repair the damage you are responsible for, we may give you written notice asking you to repair the damage within a reasonable period of time, depending on the repairs that need to be done. If you fail to do this within the period of notice given, we may then enter the property (after giving you 24 hours notice, in writing) and carry out the work – you will have to pay us for the reasonable cost of this work.
4.Pay for all electricity, gas, phone bills, water charges and Council Tax relating to the property that applies during the period of the tenancy.
5.Whenever you leave the property unattended, you must lock all the doors and windows. You should let me know if the property is going to be empty for more than 7 days in a row.
6.If you give me notice that you are going to leave the property before this agreement has ended, you must pay all my reasonable costs for re-letting the property as well as paying the rent until a new tenant moves in.
7.Allow me or my agents to come into the property at all reasonable hours of the day to inspect the condition of the property, to carry out repairs or to do other work which we must carry out by law. I will give you 24 hours’ written notice if we are going to enter the property. You must let me enter immediately if there is an emergency.
8.Tell me about any repairs or faults that we are responsible for in the structure or outside the property or in any installation.
9.Pay the reasonable costs for replacing the locks if you fail to return any key.
10.Pay any reasonable costs for getting replacement keys.
11.Allow possible new tenants and prospective purchasers to look at the property on at least 24 hours written notice during the last month of this agreement.
12.Be jointly and individually responsible for paying all the rent you have to pay under this agreement and keep to all the terms of this agreement.
13. At the end of the tenancy, leave the property, the fittings and fixtures and any items that are on the inventory list in as good a condition as at the start of the tenancy (fair wear and tear excepted) and free from rubbish. Have all carpets and curtains (where applicable) professionally cleaned.
If you need to serve any notice on me, they must be delivered by hand or sent by post to my agent at the following address.
XXXXX
We may repossess the property if:
Mr. XXXXX on behalf of the landlord
……………………………………………
Your signature(s) ……………………………………………
! ……………………………………………
Witness’s signature ……………………………………………
Witness’s name ……………………………………………
Witness’s address ……………………………………………
Witness’s Occupation ……………………………………………
Thanks! :T
Assured shorthold tenancy agreement
under part 1 of the Housing Act 1988
as amended under part 3 of the Housing Act 1996
Date: XXXXX
This agreement is between:
XXXXX the landlords and you (individually and together)
XXXXX the tenant (or tenants)
The rent is £XXXX (XXXX pounds) every month
The rent of equal monthly payments must be paid by standing order in advance five working days prior to the due date to ensure the funds are cleared funds on the due date. The rent must be paid to the following account.
Account name: XXXXX
Bank: XXXXX
Sort Code: XXXXX
Account no: XXXXX
A deposit of £XXXX (XXXXXX pounds) to be made a minimum of 7 days prior to start date of contract. This amount will be held by my agent in a client account and registered with a tenancy deposit scheme in accordance with the regulations and will be used at the end of the tenancy to pay for any repairs etc.
I let out the property:-
[FONT="]XXXXX[/FONT]
to you (individually and together if there is more than one of you) as well as the fittings and fixtures and any items that are on the inventory list that you and my agent signed.
- You and I must keep to the terms below:-
- You will have the property, fittings, fixtures and items listed on the inventory for six months from:
- If, at the end of this time, you want to continue the tenancy and you have not already received from me two months notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy. You must give one month’s notice to end it. This notice must be given to expire on the 5th day of a calendar month.
- This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act 1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the property apply to this agreement. This means that you cannot claim any legal rights to stay on once the tenancy has ended and a court order says you must leave. The landlord giving a section 21 notice must give at least two months’ notice in writing. For more information, you should consult a Housing Advice Centre or Citizen’s Advice Bureau who will tell you what this means
- I let the property to you (individually and together) and only you will be allowed to live there.
- No children are allowed to live in the property without my permission, in writing (which will not be unreasonably withheld.
- No animals are allowed in the property, without my permission, in writing (which will not be unreasonably withheld).
- On the first day of this agreement we will agree on and both sign a full and clear inventory which will give details of any items in the flat for your use as well as the general condition of carpets, walls etc taking photos where necessary. When notice is given we will check the condition at that time and agree any costs for making good any damage which is not caused by fair wear and tear. If agreement can not be reached the matter will be passed to the tenancy deposit scheme for adjudication. You must pay all utility bills (electricity, gas, water, phone and council tax) for the property up to and including the last day of this agreement.
- If you owe rent or any other money legally payable to me under this agreement, you will have to pay interest on this amount from the date it should have been paid. The interest rate is 3% above the base rate used by the Bank of England. This rate may apply before, as well as, after a court judgment has been made against you, depending on the terms of the court judgment.
- I will keep keys to the property.
- The landlord may remove, store, sell or otherwise dispose of any furniture or goods which the tenant refuses or fails to remove from the property at the end of the tenancy. The tenant shall be responsible for all reasonable costs which the landlord may incur. The landlord shall be entitled to deduct such costs and any monies lawfully due to the landlord from any money realised from the disposal of such furniture or goods.
- You must do the following.
2.Keep the inside of the property in at least as good a condition as it was when the tenancy started (fair wear and tear excepted). Also, at the end of the tenancy you must leave all the fittings and fixtures and any items that are on the inventory list in the rooms or places they were in at the beginning of the tenancy.
3.Repair any damage that you have done deliberately or that was caused by the neglect or carelessness of you or anyone else visiting the property. This includes replacing any broken glass in windows and repairing or replacing any damaged fittings or installations. If you do not repair the damage you are responsible for, we may give you written notice asking you to repair the damage within a reasonable period of time, depending on the repairs that need to be done. If you fail to do this within the period of notice given, we may then enter the property (after giving you 24 hours notice, in writing) and carry out the work – you will have to pay us for the reasonable cost of this work.
4.Pay for all electricity, gas, phone bills, water charges and Council Tax relating to the property that applies during the period of the tenancy.
5.Whenever you leave the property unattended, you must lock all the doors and windows. You should let me know if the property is going to be empty for more than 7 days in a row.
6.If you give me notice that you are going to leave the property before this agreement has ended, you must pay all my reasonable costs for re-letting the property as well as paying the rent until a new tenant moves in.
7.Allow me or my agents to come into the property at all reasonable hours of the day to inspect the condition of the property, to carry out repairs or to do other work which we must carry out by law. I will give you 24 hours’ written notice if we are going to enter the property. You must let me enter immediately if there is an emergency.
8.Tell me about any repairs or faults that we are responsible for in the structure or outside the property or in any installation.
9.Pay the reasonable costs for replacing the locks if you fail to return any key.
10.Pay any reasonable costs for getting replacement keys.
11.Allow possible new tenants and prospective purchasers to look at the property on at least 24 hours written notice during the last month of this agreement.
12.Be jointly and individually responsible for paying all the rent you have to pay under this agreement and keep to all the terms of this agreement.
13. At the end of the tenancy, leave the property, the fittings and fixtures and any items that are on the inventory list in as good a condition as at the start of the tenancy (fair wear and tear excepted) and free from rubbish. Have all carpets and curtains (where applicable) professionally cleaned.
- You must not do the following:-
- Alter or add anything to the outside of the property, or the fittings and fixtures or any items that are on the inventory list. You must not bring into the property any furniture, fixtures or household belongings which do not meet the Furniture and Furnishings (Fire) (Safety) Regulations. You can get information about these regulations from your local Trading Standards Office.
- Anything which may be a nuisance or annoy neighbours. You must not play any radio, CD, record player, television, or musical instrument in any way that will cause a nuisance, annoy the neighbours or be heard outside your home between 11pm and 7.30am.
- Bring bicycles or prams into the property or communal areas without our permission (which will not be unreasonably withheld).
- Tamper with any fire precautions.
- Drill or attach any fixings on to any walls or floors (other than hard wall hooks) without permission.
- Use Blu-tack or any similar type of adhesive on the walls.
- Sublet the property or any part of it, or give up the property or any part of it to someone else.
- Carry on any profession, trade or business in the property.
- Display any permanent notice on the property.
- Use the property as anything other than a home.
- Block, or allow guests to obstruct, any of the shared areas.
- I agree to do the following:-
- Keep the property insured against fire and other usual comprehensive risks as long as insurance cover is available.
- Be responsible for servicing and maintaining any gas heating system and making sure that all gas appliances within the property are checked by a British Gas or Gas Safe registered technician every year, in line with the Gas Safety (Installation and Use) Regulations 1994.
- Give you back any part of the rent that you have paid for any period that the property could not be lived in because of fire or any other danger that we are insured for.
- Keep the structure and outside of the property in good repair.
- Keep the gas, water, electricity, space-heating and water heating installations in good repair and proper working order.
If you need to serve any notice on me, they must be delivered by hand or sent by post to my agent at the following address.
XXXXX
We may repossess the property if:
- You fail to pay us rent 14 days after it is due, whether you have been asked for it or not;
- You (or any of you) become bankrupt
- Any of the grounds listed in Schedule 2 of the Housing Act 1988 as amended under the Housing Act 1996 apply (these include not paying rent, breaking the tenancy term and causing a nuisance or annoyance); or
- The arrangements for me to repossess the property in section 21 of the Housing Act 1988 apply.
Mr. XXXXX on behalf of the landlord
……………………………………………
Your signature(s) ……………………………………………
! ……………………………………………
Witness’s signature ……………………………………………
Witness’s name ……………………………………………
Witness’s address ……………………………………………
Witness’s Occupation ……………………………………………
Thanks! :T
0
Comments
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Only thing I noticed is that your landlord will keeps keys; however, I would want it in writing that he will not enter the property without your prior knowledge or unless in an emergency situation (which should be clearly defined/ specified).0
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Thanks for looking! Theres already a section that says:
7.Allow me or my agents to come into the property at all reasonable hours of the day to inspect the condition of the property, to carry out repairs or to do other work which we must carry out by law. I will give you 24 hours’ written notice if we are going to enter the property. You must let me enter immediately if there is an emergency.0 -
Only thing I noticed is that your landlord will keeps keys; however, I would want it in writing that he will not enter the property without your prior knowledge or unless in an emergency situation (which should be clearly defined/ specified).
The clause 7 as the OP has listed doesn't actually have to be listed as an express term - it's an implied term under the LLand T Act 1985, so its more as a "here, let me reassure you that I will work under the law"0 -
Repair any damage that you have done deliberately or that was caused by the neglect or carelessness of you or anyone else visiting the property. This includes replacing any broken glass in windows and repairing or replacing any damaged fittings or installations.
Damage caused by anyone visiting the property would include the landlord's workmen (if say they trod mud into the carpets), a passing thug who throws a brick through the window, burglars? Surely the tenant should only be responsible for damage caused by their own visitors?You should let me know if the property is going to be empty for more than 7 days in a row.
Too short and overly intrusive IMO.7.Allow me or my agents to come into the property at all reasonable hours of the day to inspect the condition of the property, to carry out repairs or to do other work which we must carry out by law. I will give you 24 hours’ written notice if we are going to enter the property. You must let me enter immediately if there is an emergency.
Tenant is not obliged to let them in if non-emergency and the date is not convenient.11.Allow possible new tenants and prospective purchasers to look at the property on at least 24 hours written notice during the last month of this agreement.
Tenant can refuse viewing if the date is not convenient.Have all carpets and curtains (where applicable) professionally cleaned.
Only if they were professionally cleaned before the tenancy started and proof of this was supplied to the tenant.We may repossess the property if:
* You fail to pay us rent 14 days after it is due, whether you have
* been asked for it or not;
* You (or any of you) become bankrupt
Hmmm, not sure what he's on about here. I thought L can serve a Section 8 notice if the rent is two months late, not 14 days late?0 -
Worrying comments there! :eek:0
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Hmmm, not sure what he's on about here. I thought L can serve a Section 8 notice if the rent is two months late, not 14 days late?
Hmm, you may be right there - just read this: http://www.landlordadvice.co.uk/html/section_8.html
Am I within my rights to raise this then? I can see from his point of view that he may reconsider my tenancy if I do since he is going to think I am planning to not pay rent for two months at some point!!0 -
He couldn't go to court, for rent 14 days late. So it could well be an unfair contract term. In any case to get repossession he would have to go to court, without proper grounds under section 8, he is not going to get it.
I know you wouldn't want an unfair term in your contract, but if it is unenforceable in law, you may think it not worth bothering about.I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Does that still apply if I sign the agreement though? Am I not agreeing to be bound by its contents? Cheers for reply.0
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