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FORM OF TENANCY AGREEMENT

THIS TENANCY AGREEMENT is made the [year]  BETWEEN
(1) [Name] whose registered office is at ... (“the Landlord”)
(2) [Name] of ... (“the Tenant”)
(3) Permitted Occupier
It is agreed that Ms [...] is permitted to occupy the property for the period of the term; she is not the Tenant and therefore has no rights as a tenant. The Tenant must ensure that the Occupier adheres to the conditions contained in the tenancy agreement and he will be held responsible for her actions or inactions.
(4) 1. DEFINITIONS AND CONSTRUCTION
1.1 In this Agreement (unless the context otherwise requires or admits) the following words and phrases shall have the following meanings:-
Building ...
Commencement Date from and including the 1st day of August [year] and expiring on the 31st day of July [Year]
Deposit [£ ...]
Inventory the list of the Landlord’s fixtures and fittings at the Premises
Premises Flat 5 being one of the flats on the second floor in the Building
Rental Period One week
Rent £ 900 for each Rental Period (£ 3,900 per calendar month) clear of all deductions by bankers standing order in advance on the 1st day of each month to the Landlord’s account at ... (...  Bank) UK Limited, ... Sort Code ... Account No. ...
Term a term certain of one year from the
Commencement Date
2. DEMISE
The Landlord shall let and the Tenant shall take the Premises together with:-
2.1 The use of the entrance hall and lift staircase outer door and vestibule of the Building in common with the other tenants and occupiers thereof
2.2 The use of the garden at the rear of the Building (in common with others as aforesaid) for walking and sitting only and subject to such rules and regulations as may from time to time be prescribed by the Landlord
2.3 The use of the television radio aerials and satellite receiver situated on the roof of the Building
2.4 The fixtures and effects now in and upon the Premises and more particularly specified in the Inventory
for the Term YIELDING AND PAYING therefore during the Term the Rent the first payment to be made on the signing hereof
3. TENANT’S OBLIGATIONS
THE Tenant will:-
3.1 Pay the rent to the Landlord at the times and in the manner specified and will pay interest at the rate of 4% per annum above the base rate of ... Bank Plc for the time being in force on any rent in arrears for more than fourteen days calculated from the date upon which such rent was due to be paid to the date upon which it is actually paid
3.2 At the commencement of the Term open accounts in the Tenant’s own name for the supply of gas electricity telephone satellite television and water rates and terminate the said accounts at the end of the Term
3.3 Pay for all gas electricity and water consumed on or supplied to the Premises during the Term and for all charges made for the use of the telephone at the Premises during the Term
3.4 Pay for any Council Tax (or similar tax or levy) imposed by the relevant local authority
3.5 Pay a maximum contribution of £150.00 plus VAT at the current rate towards the Landlord’s costs of and in connection with the preparation of this Agreement
3.6 Pay for the licence fee of any television set and any rental and/or charges payable in connection with the satellite television at the Premises whether belonging to the Landlord or not
3.7 Keep the interior of the Premises and all fixtures fittings carpets curtains and paintwork in good condition and complete repair (fair wear and tear and damage by accidental fire and other insured risks only accepted) and immediately replace all broken glass PROVIDED ALWAYS that the Tenant will be under no obligation to put the Premises into any better state of repair and condition than as at the date hereof
3.8 Give notice to the Landlord of any defects or wants of repair in respect of any items marked on the Inventory as being repairable by the Landlord and to the Landlord’s nominated service engineers where any items are marked on the Inventory as covered by guarantee or service maintenance agreement
3.9 Preserve the furniture and effects from being destroyed or damaged and immediately report any damage to the Landlord and pay (upon demand) for such replacement articles as shall be destroyed lost broken or damaged (fair wear and tear thereof and damage by insured risks only excepted)
3.10 Deliver up the Premises and the furniture and effects specified in the Inventory or the article substituted for the same at the expiration or sooner determination of the Tenancy in such good condition and complete repair as aforesaid
3.11 The Tenant shall use coasters underneath the feet of its own furniture so as to protect the carpets in the Premises
3.12 Pay for the professional washing (including ironing and pressing) of all linen and for the washing and cleaning (including ironing and pressing) of all counterpanes blankets and curtains which shall have been soiled during the Tenancy (reasonable use thereof nevertheless to be allowed for)
3.13 Permit the Landlord or the Landlord’s employees or agents to enter the Premises at all reasonable times during the Tenancy upon notice and with the prior consent of the Tenant save in the case of an emergency (including where access is necessary to remedy a defect in services supplied to other flats in the Building) such consent not to be unreasonably withheld to inspect the same and the Landlord’s effects therein and to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider to be necessary
3.14 If necessary clean the windows of the Premises (both inside and outside) and the voile curtains therein at least once in every four months and in any event at the end of the Tenancy
3.15 Permit the Landlord or the Landlord’s agent to give to the Tenant notice in writing of all wants of repair cleansing amendments and restorations to the interior of the Premises then found and all such destruction loss or damage of or to the fitted carpets, fixtures and effects as the Tenant shall be bound to make good then found and by such notice to require the Tenant to repair cleanse amend and restore or make good the same within one month of such notice and within which time the Tenant shall repair cleanse amend and restore or make good the same accordingly (fair wear and tear and damage by insured risks only excepted)
3.16 Not to cut or injure any of the walls or partitions of the Premises nor to make any additions whatsoever thereto nor any alterations or improvements in the internal arrangement or in the external appearance or the fixtures and fittings and appliances within or upon the Premises and in particular (but without prejudice to the generality of the foregoing) at the end of the Term to make good any damage caused to any wall by the driving of nails or screws or other fastening
3.17 To replace all broken or damaged washers and keep all electric lights in good working order and in particular to promptly replace all broken fuses bulbs and fluorescent tubes
3.18 Not to remove the effects specified in the Inventory or any part thereof or any substituted effects from the Premises without the previous consent in writing of the Landlord and at the expiration or sooner determination of the Tenancy to leave the effects in the rooms or places in which they were at the commencement of the Tenancy
3.19 Not to assign sublet charge or part with possession of the whole or any part of the Premises
3.20 Not to use the Premises other than for the purposes of a private high class residential dwelling nor to carry on or permit to be carried on upon the Premises any profession trade or business whatsoever or take in any lodger or receive paying guests
3.21 Not to do or suffer to be done in or on the Premises any act or thing which may be a nuisance damage or annoyance to the Landlord or any superior landlord or the tenants or occupiers of the remainder of the Building or to the occupiers of any of the adjoining premises or which may vitiate any insurance of the Building against fire or otherwise or increase the ordinary premium thereon
3.22 Not to use the Premises for any illegal or immoral purpose but at all times use the Premises in a tenant-like manner
3.23 Not at any time or times to allow any radio or television or any musical or mechanical instrument to be played or used or any music singing or other form of sound or reproduced sound to take place in the Premises nor at any time to carry on or permit therein or about the Premises any dancing or other activities so as to be an annoyance to the Landlord or the tenants or occupiers of the Building or the tenants or occupiers of any adjacent or neighbouring premises in the ownership of any superior landlord
3.24 Not to play or use any musical instrument television radio loudspeaker or mechanical or other noise making instrument or machine or equipment of any kind nor practice singing in the Premises either between the hours of 11:00 pm and 8:00 am or at any other time or times so as to cause any nuisance or annoyance to any of the other owners lessees or occupiers of the Building and for the purposes hereof the decision of the Landlord as to what constitutes a nuisance or annoyance shall be final and binding on the parties
3.25 Not to keep any dog cat bird or other pet in the Premises
3.26 Not to obstruct the accessways and common parts of the Building nor to soil or damage the common parts serving the Premises but to use the same for the purposes only of access to and egress from the Premises
3.27 Not to place or permit to be placed any articles where they are visible from outside the Premises and not to hang up or expose or permit to be hung up or exposed any clothes linen or laundry where visible from any adjoining or neighbouring property (including the remainder of the Building) or any public highway
3.28 Not to place deposit or throw or permit to be placed deposited or thrown any dust refuse or other matter or thing and not to beat or shake or permit to be beaten or shaken any mat rug carpet duster or cloth on into or in the entrance hall stairs and passages of the Building
3.29 Not to obstruct or place any articles on or permit to be obstructed in any manner howsoever the entrance hall stairs and passages of the Building and not to permit children to play therein or thereon
3.30 Not to display place stick exhibit or hang or permit to be displayed placed exhibited or hung in or on or from any part of the Premises or the Building any name plate notice placard or poster or any sign signboard plate or form of advertisement notice or announcement or any flags banners blinds or similar devices of any kind and not to light or floodlight or permit to be lit or floodlit any of the external elevations of the Building other than by the existing lights installed by the Landlord
3.31 Not to waste or permit waste of water supplied to the Premises
3.32 Not to hold or permit to be held in the Premises or any part thereof any sale by auction or any meeting for or in connection with any religious political or other such purposes or activity
3.33 Not to erect or place any radio or television aerial on the exterior of the Building
3.34 Not to leave the front door of the Premises open when not in use for purposes of ingress or egress to and from the Premises
3.35 Not to alter or change or install any locks on any doors or windows in or about the Premises nor to make any duplicate keys thereto but to return all such keys to the Landlord at the end of the Term
3.36 Not to change the carpets, curtains or wall coverings at any time during the Tenancy without the Landlord’s prior approval and at the Tenant’s own expense
3.37 Permit the Landlord or the Landlord’s agents at reasonable hours in the daytime by appointment within the last thirty days of the Tenancy to enter and view the Premises with prospective tenants PROVIDED that the visitor is always escorted by the Landlord’s agent
3.38.1 The Tenant will pay to the Landlord on the signing hereof the Deposit in the sum of £ 5,400 to be held by the landlord’s Agent ... LLP solicitors as stakeholder in an interest bearing account with interest accruing for the benefit of the Tenant against any dilapidations or outstanding accounts which are the Tenant’s responsibility under the terms of this Agreement which Deposit shall be returned to the Tenant within six weeks of the determination of the Tenancy less any deductions in respect of dilapidations to be agreed in writing in accordance with clause 3.38.2 below
3.38.2 Any disputes between the Landlord and the Tenant arising out of any Schedule of Dilapidations which shall not have been settled within 60 days of the determination of the Term shall be referred to arbitration in accordance with clause 9 below and the Landlord and the Tenant will each contribute equal shares of the costs thereof incurred by the arbitrator whatever the outcome
3.39 Comply with the requirements of any statute (existing or to be passed) or of any government department local or other authority or court of competent jurisdiction whether or not the requirements are imposed upon the Landlord or the Tenant
3.40 Deliver to the Landlord or the Landlord’s agent a true copy of any letter notice or order sent or served on the Tenant or upon the Premises within seven days of receipt of the same and to take all reasonable steps to comply with the same and if so required by the Landlord to join in any reasonable action in relation thereto
3.41 Pay the reasonable costs and reasonable expenses (including solicitors costs and surveyors fees) incurred by the Landlord in connection with the preparation and service of any notice served under Section 146 of the Law of Property Act 1925 requiring the Tenant to remedy a breach of any terms of the Tenancy notwithstanding that forfeiture may be avoided otherwise than by relief granted by the Court
4. LANDLORD’S OBLIGATIONS
The Landlord agrees with the Tenant as follows:-
4.1 That the Tenant paying the Rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the Premises during the Tenancy without any lawful interruption from the Landlord or any person claiming under or in trust for the Landlord
4.2 To insure the Premises and the Landlord’s fixtures and effects against loss or damage by fire or other insurable comprehensive risks to the full reinstatement value and to apply all such monies as the Landlord may receive under or by virtue of such insurances in reinstating the Premises and or the Landlord’s fixtures and effects or such part thereof as may have been damaged or destroyed as expeditiously as reasonably possible and return to the Tenant any rent paid for any period when the Premises are rendered uninhabitable
4.3 Return to the Tenant any rent payable for any period while the Premises are rendered uninhabitable by reason of destruction or damage from an insured risk provided the insurance policy shall not have been vitiated or payment of the policy money refused in whole or in part by or in consequence of some act or default of the Tenant or its invitees or any person for whom the Tenant is responsible
4.4 To keep in repair and proper working order the installations contained in the Premises for the supply of services and for such other mechanical electrical items as are included in the fixtures and effects and marked on the Inventory as being repairable by the Landlord but not further or otherwise PROVIDED THAT this Agreement shall not be construed as requiring the Landlord to carry out any works for which the Tenant is liable by virtue of its duty to use the Premises fixtures and effects in a tenant-like manner AND PROVIDED FURTHER THAT the Tenant shall indemnify the Landlord in respect of the cost of repairs to such installations or items resulting from misuse of the same howsoever and by whomsoever caused (save for any damage caused by insured risks)
4.5 Save where the same is inconsistent with the provisions hereof to observe and perform the covenants on the Tenant’s part to be observed and performed by any headlease of the Premises
4.6 To pay all taxes ground rent service charges and other outgoings payable in respect of the Premises during the Tenancy except for charges hereinbefore agreed to be paid by the Tenant
5. LANDLORD’S WARRANTY
THE Landlord warrants that it is legally entitled to grant the Tenancy hereby created and has obtained any appropriate consents from any superior landlord mortgagee or other interested party and that the Premises hereby agreed to be let are not subject to any restrictive or other covenants or stipulations which have not been disclosed to the Tenant and the observance and performance of which would restrict or lessen the Tenant’s enjoyment of the Premises
6. FORFEITURE
PROVIDED ALWAYS and it is hereby agreed and declared as follows:-
6.1 If the Rent or any part thereof shall be unpaid for twenty one days after any of the days hereinbefore appointed for payment thereof (whether formally demanded or not) or if the Tenant shall be wound up compulsorily or any of the agreements on the Tenant’s part herein contained shall not be performed or observed then and in any of the said cases it shall be lawful for the Landlord or any persons duly authorised by the Landlord in that behalf to re-enter the Premises and the Tenancy shall absolutely determine without prejudice to any right of action or remedy of the Landlord or the Tenant hereunder
6.2 No acceptance of rent by the Landlord or its bankers or agents after knowledge or notice of a breach of the Tenant’s agreement shall operate as a waiver in whole or in part for any such breach
7. INVENTORY
7.1 The Landlord agrees to pay the charges of the Landlord’s inventory clerk for the checking of the Inventory at the beginning of the Term and the Tenant agrees to pay the charges of the Landlord’s inventory clerk at the end of the Term
7.2 The Landlord and the Tenant agree as follows:-
7.2.1 that they will accept the report and decision of the Landlord’s inventory clerk in its determination of the condition of the Premises fixtures and fittings therein at the commencement of this Agreement
7.2.2 that they will accept the report and decision of the Landlord’s inventory clerk in respect of the condition of the Premises and the fixtures and fittings therein and the wants of repair decoration and cleaning that are required to be made by the Tenant at the end of the Term in accordance with its obligations contained in this Agreement
8. OPTION TO DETERMINE
The Tenant may determine the Term hereby granted at any time not less than six months after the commencement of the Term by giving to the Landlord not less than two months’ notice in writing
9. ARBITRATION
Any dispute between the Landlord and the Tenant arising out of this Tenancy shall be referred to a single arbitrator to be appointed in default of agreement between the parties by the President for the time being of the Royal Institute of Chartered Surveyors in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force
10. GUARANTOR’S COVENANTS
The Guarantor agrees with the Landlord to indemnify the Landlord against all losses incurred as a result of any failure by the Tenant to comply with the terms of this Agreement. Even if the Landlord gives the Tenant extra time to comply with any obligation in this Agreement, or does not insist upon its strict terms, this covenant remains fully effective
11. SERVICE OF NOTICES
11.1 This Agreement shall be deemed to incorporate the Regulations as to Notice contained in Section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962
11.2 The Landlord’s address for service of notices, including notices in proceedings, is the address given above for the Landlord, until the Tenant is notified of a different address in England and Wales
12. JURISDICTION
THIS Tenancy Agreement shall be interpreted in accordance with the Laws of England & Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of England & Wales

AS WITNESS the hands of the parties hereto the day and year first before written

SIGNED by ... in the presence of:-

Witness’s signature
Name
Address


Occupation

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