My husband and I found a house to rent (via gumtree.co.uk) through a private landlord in Northampton. We visitied the property, we liked it.
Currently we live in London and because I'm 7 months pregnant we can't travel often to Northampton so we kept in touch with that landlord (Anthony) mainly via emails. We have all the conversation saved.
On the day when we were viewing the property we were asked to pay £200 cash just to take the property off the market. We paid the £200 of course and Anthony signed a little note for us that he has received the money and also told us that we should pay £800 deposit in couple of days on his bank account so that he knows we were genuine people and won't change our mind about renting the house.
We haven't signed any tenancy agreement on the day when we were viewing the house as Anthony didnt have it ready. He said that he's going to email it to us so that we could check, sign and send it back to him. He sent us some tenancy agreement couple of days later, which we signed and emailed it back to him. In his next email Anthony said that he'll be expecting the deposit money on his account and once it's there he's going to sign his agreement and post it to us with house keys.
I have to mention that the house in Northampton which we are going to be renting from Anthony is currently occupied by him and his wife with two children. They are moving in to a new house the day before we are moving in to Northampton house. Anthony said that their new house is few miles away. He said that once we move in to that house he won't be visiting us, he said that we can treat that house as if it was our own.
He also told us that he's got a morgage on that house and that he bought another one (bigger because of their expanding family) on which he's got a morgage too.
So we sent him that £800 deposit money on his bank account. He emailed us back saying that she's got the money on his account and that he'll send us keys and agreement asap.
It's been few days now we haven't heard from him which in my opinion is quite strange looking at the contact which we have with him before the deposit money were sent to him. Before we paid any deposit money to Antony, he was very active and tried to stay in touch with us and contact us straight away, even reminding himself to us.
My worry is what if he's now an owner of that house and the day after they move out all the sign will disappear of them?
My question here is what could we do to claim our money back incase it's a scam? Should we contact the bank or the police and how long would that take to get the money back?
We don't know where he's moving in to. My husband tells me to calm down that it's going to be alright but I just want to check what are the available options to us incase it appears to be a scam. Would we get our money back or lose it? Can bank deal on our behalf trying to get the money back? The transfer was made via Natwest bank.
We don't have any tenancy agreement signed by him as that one we were supposed to sign on the moving in day (with the first month rent money paying).
Unfortunately Im not able to attach the tenancy agreement document so will copy it below.
ASSURED SHORTHOLD
TENANCY AGREEMENT
TAKE NOTICE THAT THIS TENANCY AGREEMENT IS A BINDING DOCUMENT. BEFORE SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU WANT INCLUDED AND NOTHING THAT IS UNACCEPTABLE TO YOU.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR ANYTHING IN IT, BEFORE YOU SIGN IT YOU SHOULD CONSIDER TAKING ADVICE FROM A SOLICITOR, CITIZENS ADVICE, OR A HOUSING ADVICE CENTRE.
Kings Court,XXXXX LEEDS LS1 2HL
Telephone: 0113(NNN) NNN-NNNN/p>
Fax: 0113(NNN) NNN-NNNN/p>
E-mail: [email protected]
Web: www.walkermorris.co.uk
TENANCY PARTICULARS
Date: 05/09/11
Landlord Anthony Goodall
Whose address for service of notices on the Landlord (including notices in proceedings) in England and Wales for the purposes of sections 47 and 48 of the Landlord and Tenant Act 1987 is at
10 the high street
Northampton...
Tenant: Malgorzata and Stephen Amos
Term: 36 months then new term agreed if required
And ending on the 30th of September 2014 any period of holding over or extension or
Continuance by statute or common law.
Rent: £795 per calendar month
Premises 45A
Newington road
Kingsthorpe
Northampton
NN27TF
Deposit: £1000
1 DEFINITIONS AND INTERPRETATION
The purpose of providing this list of definitions is to help explain or clarify some terms and expressions that may be found in this Agreement. It is not an exhaustive or complete list. In the event of a dispute, only a court can decide on a definitive interpretation or meaning of any clause, or any part of this Agreement.
In this Agreement the following definitions apply:
1.1 The expression "the Inventory" means any document prepared by the Landlord and provided to the Tenant detailing the Landlord's furniture, furnishings, fixtures, floor, ceiling and wall coverings and décor and the condition of the Premises generally that is attached to this Agreement. This document will be relied upon at the end of this Agreement to assess damage or compensation for damage (over and above fair wear and tear) and so should be checked carefully at the commencement of this Agreement.
1.2 The expression "the Landlord" means the person stated in the Tenancy Particulars and includes any successors in title to the Landlord and any person lawfully claiming under or through him/her.
1.3 The expression "the Tenant" includes the persons deriving title under the Tenant.
1.4 References to "the Premises" mean the residential property set out in the Tenancy Particulars and shall include any part or parts of the Premises and to all the items set out in the Inventory.
1.5 References to "the Term" include any extension or continuation, or any statutory periodic tenancy which may arise following the end of the period set out in the Tenancy Particulars.
1.6 References to "the Rent" means the amount set out in the Tenancy Particulars.
1.7 References to "month" means a calendar month.
1.8 Reference to "Joint and Several" means that where the Tenant comprises two or more persons, they are jointly liable for the payment of the Rent and all other liabilities falling upon the Tenant during this Agreement as well as any breach of the Agreement. This also means that individually each tenant is responsible for payment of the Rent and all liabilities falling upon the Tenant as well as any breach of this Agreement until all such payments have been made in full.
1.9 Words importing only the masculine gender include the feminine gender, and words importing the singular number include the plural number and visa versa...
1.10 Any obligation by the Tenant not to do any act or thing shall include an obligation not to permit or allow the doing of such act or thing.
1.11 Any reference to any Act of Parliament includes a reference to any amendment or replacement of it from time to time and to any subordinate legislation made under it.
[1.12 References to "the Building" means the building known as [45A Newington rd ] of which the Premises form part].
[1.13 References to "the Headlease" mean the lease dated [30th September 2011 ] and made between [Malgorzata and Stephen Amos] and [Anthony Goodall ].]
2 AGREEMENT
2.1 The Landlord agrees to let and the Tenant agrees to take the Premises for the Term at the Rent.
2.2 The Rent shall be payable in advance on the 27th day of each and every month of the Term with the first of such payments to be made on the signing of this agreement. The payment for any period of less than one month is to be apportioned on a daily basis.
[2.3 The Premises are let together with the right(s) for the Tenant set out in Schedule 1 [and excepting and reserving for the Landlord the rights set out in Schedule 2.
3 TENANT'S OBLIGATIONS
Please Note: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must do or not do. If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction.
The Tenant agrees to the following:
Where the Tenant is more than one person, the responsibility and liability of the individuals concerned is joint and several for all obligations under this Agreement.
The Tenant further agrees with the Landlord as follows:
3.1 Rent
To pay the Rent during the Term on the days and in the manner stated above (whether formally demanded or not) without any deduction (except where it is lawful to do so) to the Landlord [by standing order] [by direct debit] [to the following account: [insert details of account]
NATWEST
SORT/CODE 601555
ACCOUNT No 73038687
MR A J GOODALL
3.2 Outgoings
To register for and pay the council tax (or any tax replacing it) and to pay all other existing and future rates, taxes, assessments, charges, and outgoings of every kind and description payable by law in respect of the Premises which are reasonable for the Tenant to pay, but with the exception that the Tenant shall not be responsible for any such outgoings imposed on the Landlord in respect of any disposition of or dealing with the Landlord’s interest in the Premises.
3.3 Services
3.3.1 To pay for (direct to the relevant authority or supplier) all gas, electricity, fuel oil, and water which is consumed or supplied on or to the Premises and for all telephone calls made throughout the Term, and the amount of all rentals and standing charges for gas, electricity, fuel oil, and water or the provision of a telephone line throughout the Term.
3.3.2 To pay the amount of the television licence fee [and of any charges for cable or satellite television services for the Premises] throughout the Term.
[3.3.3 To pay all charges for the security alarm or other security system at the Premises together with any and all "call out" charges resulting from the security alarm or other security systems at the Premises being activated whether or not intentionally during the Term].
3.3.4 To ensure that all accounts issued by the relevant authorities or suppliers are issued to and made out to the Tenant for the duration of the Term. Where the Tenant allows, either by default of payment or specific instruction, the utility or other services to be cut off, whether during or at the end of the Term, the Tenant is to pay, or be liable to pay, the costs associated with reconnecting or resuming those services.
3.4 Repair
Sections 11-14 of the Landlord and Tenant Act 1985 (as amended) apply to this Agreement. These require the Landlord to keep in repair the structure and exterior of the Premises and keep in repair and proper working order the installations in the Premises for the supply of water, gas, electricity, sanitation and for space and water heating. It is the Tenant’s obligation to:
3.4.1 Advise the Landlord promptly of any defects and disrepair in or at the Premises for which the Landlord is liable;
3.4.2 Keep the interior of the Premises and the paint, wallpaper and decorations, fireplaces, window fittings, sash cords, glass doors, and door furniture in good, clean, and tenantable repair and condition;
3.4.3 Keep cleansed and free from obstruction all gutters, down pipes, drains, sanitary apparatus, water and waste pipes;
3.4.4 Make good promptly all damage and breakages to the Premises and to the items listed in the Inventory that may occur during the Term that are the responsibility of the Tenant (with the exception of fair wear and tear and accidental damage by fire), and to inform the Landlord of any such work undertaken;
3.4.5 Replace promptly all broken glass with the same quality glass where the Tenant, his family or visitors caused the breakage;
3.4.6 Clean all the windows of the Premises both inside and outside at least once in every two months of the Term and at the end of the Term;
3.4.7 Keep the Premises well and sufficiently aired and warmed at all times during the Term and to take all such precautions as may be reasonably necessary to prevent water pipes, sinks, WCs, and cisterns within the Premises becoming damaged by frost; and in the event of any damage being so caused by the Tenant’s failure, to take such precautions to make good such damage at the Tenant's own expense;
3.4.8 Use reasonable endeavours to keep the Premises free from pests and vermin, and to advise the Landlord promptly of any infestation of insects, vermin, wet or dry rot, or of any disrepair which if continued might cause further damage to the Premises or a danger to any person;
3.4.9 Preserve the furniture, furnishings, fixtures, floor, ceiling and wall coverings and décor and all other items listed in the Inventory from being destroyed or damaged and not to remove them from the Premises;
3.4.10 Reimburse the Landlord, at the end of the Term, the reasonable costs of the professional washing and cleaning of any carpets, curtains, linens, bedding, upholstery and similar articles which become soiled during the Term where it is reasonable for the Landlord to incur such costs; [and]
[3.4.11 Keep the [garden][patio][terrace] of the Premises clean and tidy and to mow the lawns as often as necessary and to keep the flower beds free from weeds and hedges trimmed, and not to lop, top, cut down, remove, or otherwise injure any trees, shrubs, or plants growing upon the Premises, or to alter the general character of the [garden][patio][terrace], and throughout the whole of the Term to cultivate the garden in a reasonable manner according to the season of the year.]
3.5 Decoration and Alterations
3.5.1 Not to make any alterations or additions to the Premises either internally or externally whether structural or otherwise.
3.5.2 Not to make any alterations or additions to or tamper or interfere with the electric, gas, or plumbing systems, installations, or meters in or serving the Premises.
3.5.3 Not to carry out any re-decoration of the Premises or any part thereof [without prior written consent of the Landlord].I have given permission to redecorate where ever wanted~)
3.5.4 Not to do anything or omit to do anything upon the Premises which shall cause damage to or deterioration of its internal or external surfaces or to the coverings or decorations of those surfaces [save that the Tenant shall be permitted to hang a reasonable number of pictures provided that they are hung using good quality picture hooks, and that at the end of the Term the walls are made good to the reasonable satisfaction of the Landlord].
3.5.5 Not to place or exhibit any notice board or notice or sign visible from outside the Premises advertising any profession, trade, or business, or any goods or services.
3.5.6 Not to erect any television aerial, satellite dish, or radio mast, or install cable television, without the prior written consent of the Landlord. In the event of consent being given any equipment must be removed at the end of the Term, if required by the Landlord, and any damage to the Premises made good at the Tenant's expense.
3.6 Security and Keys
3.6.1 The Landlord’s insurance does not cover the Tenant’s possessions. The Tenant is responsible for arranging insurance cover for public liability and for personal belongings and effects brought onto the Premises.
3.6.2 Not to install or change or alter any locks [or security codes] at the Premises without the Landlord's prior written consent and to provide the Landlord with a set of keys [or the new codes] immediately upon replacement.
3.6.3 Not to leave the Premises unoccupied for any period whatsoever without locking and securing all windows and doors that permit access to the Premises, and to ensure that any security alarms or other security devices are set at all appropriate times.
3.6.4 Not to leave the Premises unoccupied or vacant for any period greater than 21 days at any one time without first giving written notice to the Landlord of the intention to do so.
N.B. Failure to comply with this obligation may lead to the Landlord treating the Premises as abandoned and this Agreement at an end (see clause 5.6.1 below)
3.7 Use of the Premises
3.7.1 To use the Premises only for the purpose of a private residence in the occupation of the Tenant.
3.7.2 To neither underlet, share, or part with possession or occupation of the Premises or any part of it, nor take in any lodger or paying guest.
3.7.3 Not to assign the Tenancy without the prior written consent of the Landlord, such consent not to be unreasonably withheld by the Landlord who may, where it is reasonable to do so as a condition of such consent, require the Tenant to enter into a Guarantee of the assignee’s compliance with the Tenant’s obligations for the remainder of the fixed period of this agreement.
3.7.4 Not to use the Premises or allow the Premises to be used for any profession, business, or trade whatsoever, nor to use the Premises, or allow the Premises to be used, for any illegal, immoral, or improper purpose.
3.7.5 Not to keep or permit to be kept on the Premises, any animal, fish, reptile, or bird [without the previous written consent of the Landlord]. [Such consent may be withdrawn in the event that the animal, fish, reptile, or bird causes damage to the Premises or a nuisance or annoyance to the Landlord or to the owners or occupiers of any nearby premises].
3.7.6 Not to do, or permit to be done, in or on the Premises, any act or thing which may be or become a nuisance or annoyance (this includes any nuisance or annoyance caused by noise) or cause damage or inconvenience to the Landlord or the owners or occupiers of any nearby premises.
3.7.7 Details of the Landlord’s insurance are provided with this Agreement. The Tenant shall not do, or permit to be done in or about the Premises, any act or thing which may render void or invalidate the insurance of the Premises or otherwise increase the ordinary premium for the insurance.
3.7.8 Not to use or keep in the Premises any type of stove, heater, or lamp burning paraffin (or any type of fuel oil), nor to use, or permit to be used, any electrical apparatus or other equipment of a type or in a condition which might endanger the Premises.
3.7.9 Not to obstruct any access to the Premises.
3.7.10 Not to engage any contractor or otherwise incur expenditure on behalf of the Landlord (except in case of emergency) without the prior written approval of the Landlord.
3.7.11 Not to keep, park, or store any boat, caravan, commercial or similar vehicle at or near the Premises.
3.7.12 To forward without delay to the Landlord any correspondence addressed to the Landlord which is delivered at the Premises, and to inform the Landlord promptly of any notice affecting the Premises which may be served on the Tenant or left on the Premises or otherwise comes to the attention of the Tenant.
3.8 Entry and Inspections
3.8.1 Upon being giving not less than 24 hours prior notice (except in the case of emergency when no notice shall be required), to permit the Landlord and/or the Landlord's contractors to enter upon the Premises at all reasonable times:
(a) To examine the state and condition of the Premises;
(b) For the purposes of repairing the Premises or carrying out any structural or other necessary repairs to [either] the Premises [or the Building] that can only be carried out by having access to the Premises;
(c) To view the Premises at reasonable hours in the day time with prospective Tenants or purchasers of the Premises;
(d) To comply with any obligations imposed on the Landlord by law;
(e) For any other reasonable purpose.
3.9 Notice to Repair
3.9.1 Upon the Landlord giving the Tenant notice in writing specifying any repairs, re-decoration, cultivation, or other work required to be undertaken by the Tenant, and upon the Tenant failing to carry out the required works within 21 days of service of such notice, to permit the Landlord to enter upon the Premises and to carry out such repairs. The reasonable costs incurred by the Landlord in making such repairs shall be a debt due from the Tenant to the Landlord payable on demand.
3.10 Costs
3.10.1 To pay to the Landlord all reasonable costs and expenses (including VAT where the Landlord is not able to recover VAT) reasonably incurred by the Landlord (including but not limited to the costs and fees of the Landlord's solicitors and other professional advisers):
(a) in respect of any action taken by the Landlord in connection with a breach by the Tenant of any obligation on the part of the Tenant contained in this Agreement; and
(b) In connection with all applications by the Tenant for any consent or approval of the Landlord required by the terms of this Agreement, including those incurred in cases where consent is refused or the application is withdrawn.
3.11 The End of the Term and the Removal of the Tenant’s Belongings
3.11.1 To give the Landlord reasonable prior notice if the Tenant intends to leave at the end of the fixed term of this Agreement.
3.11.2 At the expiration or sooner determination of the Term:
(a) to deliver up to the Landlord the Premises, and the items set out in the Inventory, free from rubbish and in such order, condition, and state as shall be consistent with the due performance of the obligations of the Tenant contained in this Agreement;
(b) not to remove any of the items listed in the Inventory from the Premises and to leave them in the several rooms and places as described in the Inventory or as found at the commencement of the Term; and
(c) To deliver to the Landlord all keys [and security devices or codes] for the Premises on expiry of the Term and to pay all reasonable charges incurred by the Landlord in securing the Premises against re-entry where the keys are not returned.
3.11.3 If any of the Tenant’s goods or any goods belonging to the Tenant’s household shall not have been removed from the Premises at the expiration or sooner determination of the Term, the Landlord will remove and store such items for 28 days or such other period as is reasonable in the circumstances. The Landlord will notify the Tenant at the last known address. If the items are not collected within the said storage period, the Landlord may dispose of them in such manner as is reasonable in the circumstances and the Tenant will be liable for all reasonable removal and/or storage and/or disposal charges incurred by the Landlord. The reasonable costs incurred by the Landlord in removing storing and disposing of the items may be deducted from any sale proceeds and/or the Deposit and, if there are any costs remaining after such deduction, they will be recoverable from the Tenant as a debt.
[3.12 Headlease]
[3.12.1 Not to do anything or omit to do anything that puts the Landlord in breach of its obligations under the Headlease].
3.12.2 To observe and perform the obligations of the Tenant as set out in the Headlease. A copy of the relevant sections of the Headlease is attached to this Agreement].
4 LANDLORD’S AGREEMENTS
The Landlord agrees with the Tenant as follows:
4.1 Insurance
4.1.1 To keep the Premises [and the Building] insured for such sums and on such terms as the Landlord shall consider appropriate against loss or damage by fire, tempest, flood, or explosion, and such other risks as the Landlord shall consider appropriate, provided that there shall be no liability on the Landlord:
(a) To insure any goods or effects whatsoever of the Tenant; or
(b) To rebuild or reinstate the Premises in the case of destruction or damage by fire or due to any other reason.
4.2 Quiet Enjoyment
4.2.1 To permit the Tenant paying the rent under this Agreement and performing and observing the various obligations on the part of the Tenant set out above, to hold the Premises peaceably without any interruption by the Landlord or any person lawfully claiming under or in trust for the Landlord.
4.3 Repairing Obligations
4.3.1 To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the Landlord to repair the structure and exterior (including drains, gutters and external pipes) of the Premises, to keep in repair and proper working order the installations in the Premises for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of water, gas and electricity), to keep in repair and proper working order the installations in the Premises for space heating and heating water. In determining the standard of repair required by the Landlord under this clause, regard shall be had to the age, character and prospective life of the Premises and the locality in which it is situated.
4.4 Mechanical and Electrical Items
4.4.1 To keep in repair and proper working order all mechanical and electrical items including washing machines, dishwashers, and other similar mechanical and electrical appliances belonging to the Landlord included in the Inventory. This Agreement shall not however be construed as requiring the Landlord to carry out any works for which the Tenant is liable under the Tenant's duty to use the Premises in a tenant – like manner or for which the Tenant is liable under the terms of this Agreement.
4.5 Burglar Alarm
4.5.1 Where the Landlord supplies a working burglar alarm with the Premises at commencement of this Agreement; to keep it in repair and working order, but only where such is not caused by the negligence or mis-use by the Tenant and/or by his visitors.
4.6 Safety Regulations
4.6.1 That all the furniture and equipment within the Premises complies with The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).
4.6.2 That the gas appliances within the Premises comply with The Gas Safety (Installation and Use) Regulations 1998 and that a copy of the safety check record will be given to the Tenant at the commencement of this Agreement.
4.6.3 That the electrical appliances at the Premises comply with The Electrical Equipment (Safety) Regulations 1994 and The Plugs and Sockets etc. (Safety) Regulations 1994.
5 MUTUAL AGREEMENTS
5.1 Deposit (NB Read Landlord Notes below and amend as appropriate)
5.1.1 On the signing of this Agreement, the Tenant shall pay to the Landlord the Deposit as security for the Landlord in respect of:
(a) Any rent or other payments due from the Tenant which remain unpaid;
(b) Any damage to the Premises or the items listed in the Inventory for which the Tenant may be liable;
(c) Any unpaid accounts for council tax, gas, electricity, fuel oil, or water consumed by the Tenant in the Premises, and any unpaid telephone charges;
(d) Any other breach by the Tenant of the Tenant's agreements and obligations under this Agreement;
(e) Any sum repayable by the Landlord to the Local Authority where housing benefits have been paid directly to the Landlord;
(f) Any costs, expenses, charges, or other monies payable by the Tenant to the Landlord under this Agreement; and
(g) any reasonable costs incurred by the Landlord due to any cheque of the Tenant which does not clear, or in respect of any reasonable costs incurred by the Landlord by reason of any letter being sent to the Tenant due to rent arrears, or any other breach of the Tenant's obligations under this Agreement.
5.1.2 The Landlord shall protect the deposit in accordance with the requirements of the Housing Act 2004 by use of an authorised deposit scheme, and deductions from, and repayments of the deposit will be dealt with in accordance with the rules of the scheme. As required by the Housing Act 2004, the Landlord will provide the Tenant with the prescribed information about the scheme used within 14 days of receipt of the deposit.
5.2 Interest
5.2.1 In the event that any instalment of rent or any other money payable by the Tenant under this Agreement is not paid within 14 days of the day on which it became due, then the same shall carry simple interest at the rate of 4 per cent per annum above the base rate of HBOS plc for the time being in force, calculated on a daily basis from the date upon which the same became payable until the date of payment.
5.3 Recovery of Possession
5.3.1 The Landlord may bring a court action to recover possession of the Premises, even if any previous right to do so has been waived, if and whenever during the Term:
(a) The Rent is outstanding for 14 days after becoming due whether formally demanded or not; or
(b) There is a breach by the Tenant of any obligation or other term of this agreement; or
(c) the grounds for possession in the Housing Act 1988 Schedule 2, Part I grounds 2 or 8, or any of the grounds in Part II of that Schedule other than grounds 9 or 16 apply (the said grounds are set out at schedule 3 to this Agreement); or
(d) the Tenant becomes bankrupt, has an administration order made in respect of his assets, has a receiver appointed, makes an arrangement for the benefit of his creditors, or has any distress or execution levied on his goods.
[5.3.2 The Landlord (or, in the case of joint Landlords, at least one of them) has occupied the Premises as his only or principal home and may require the Premises as his or his spouse’s only or principal home. The Landlord hereby gives notice that possession of the Premises may be recovered on Ground 1 in Part I of Schedule 2 to the Housing Act 1988.]
[5.3.3 The Premises are subject to a mortgage granted before the beginning of this agreement and the mortgagee is or may be entitled to exercise a power of sale and may require possession of the Premises for the purpose of disposing of the Premises in the exercise of that power. The Landlord hereby gives notice to the Tenant that possession of the Premises may be recovered on Ground 2 in Part I of Schedule 2 to the Housing Act 1988.]
5.4 Suspension of Rent
5.4.1 If the Premises or any part of it shall at any time during the Term be destroyed or damaged by any risk that the Landlord is obliged to insure against under the terms of this Agreement, the Rent (or a fair proportion of it by reference to the nature and extent of the damage) shall cease to be payable for so long as the Premises or any part of it remains unfit for use, provided that this shall not apply if the relevant policy of insurance is rendered void or voidable, or payment of the whole or part of the insurance monies is refused, in consequence of some act or default on the part of or suffered by the Tenant.
5.5 Notices
5.5.1 Any notice or other document to be served on either of the parties under the terms of or in connection with this Agreement shall be sufficiently served if it is left or delivered at, or sent by special delivery or by recorded delivery addressed to:
(a) The address of the party to be served as specified in the Tenancy Particulars; or
(b) Such other address as may from time to time be notified in writing to the other party; or
(c) (In the case of any notice which is to be served on the Tenant) the Premises.
5.5.2 Any notice or document of the kind referred to in this clause if sent by special delivery or by recorded delivery, addressed as required above, shall be deemed to have been sufficiently served 48 hours after the time of posting (unless returned by the Post Office undelivered).
5.6 Abandonment
5.6.1 If it comes to the attention of the Landlord that the Premises have not been occupied by the Tenant for more than 21 days and the Tenant has not given the Landlord notice in accordance with clause 3.6.4 above, and if, following further investigation by the Landlord, the Landlord forms the belief, and has reasonable cause to believe, that the Tenant has ceased to reside at the Premises, the Landlord may treat the Premises as being abandoned by the Tenant and re-enter the Premises and thereby bring this agreement to an end. Such entry by the Landlord will not affect any right or rights the Landlord may have against the Tenant in respect of any subsisting breach by the Tenant of the Tenant's agreements and obligations under this Agreement as at the date of the re-entry
5.7 General Provisions
5.7.1 If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
5.7.2 This Agreement shall not operate to confer any rights on any third party and no person other than the parties to it may enforce any provision of this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
TAKE NOTICE THAT THIS TENANCY AGREEMENT IS A BINDING DOCUMENT. BEFORE SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU WISH TO BE INCLUDED AND NOTHING THAT IS UNACCEPTABLE TO YOU. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR ANYTHING IN IT, BEFORE YOU SIGN IT YOU SHOULD CONSIDER TAKING ADVICE FROM A SOLICITOR, CITIZENS ADVICE OR A HOUSING ADVICE CENTRE.
Signed by the Tenant:…………………………………………..…..………
..
[insert name] ………………………………………………………..….……
In the presence of:
Name: …………………………………………………………….….……...
Address: …….………………………..……………………………………..
Signature: …………………………….
Occupation: …………………………..
Signed by (or on behalf of) the Landlord………………………….…..….
[insert name of Landlord]……………………………….…………………..
In the presence of:
Name ………………………………………………..……….………..……...
Address:……………………………………..………………………………..
Signature: ………………………………………….…..
Occupation: …………………………………….……...
[SCHEDULE 1]
[Rights Granted]
[The Premises are let together with the following rights:]
Upon tenants wanting to the may redecorate the property add fixtures fitting that make their stay more comfortable.
[SCHEDULE 2]
[Rights Excepted and Reserved]
[The Premises are let subject to the following exceptions and reservations reserved for the benefit of the Landlord's adjoining premises and every part of them:]
No smoking in the premises
SCHEDULE 3
Grounds on which a landlord may seek possession
During the fixed term of an assured or shorthold tenancy, the landlord can only seek possession if one of grounds 2, 8, 10 to 15 or 17 apply and the terms of the tenancy make provision for it to be ended on any of these grounds. When the fixed term of an assured tenancy ends, possession can be sought on any of the grounds. When the fixed term of a shorthold tenancy ends, the landlord does not have to give any grounds for possession.
Mandatory grounds on which the court must order possession
(A prior notice ground means that the landlord must have notified the tenant in writing before the tenancy started that he or she might seek possession on this ground).
Ground 1: a prior notice ground
The property was previously the landlord's only or main home. Or, so long as the landlord or someone before him or her did not buy the property after the tenancy started, the landlord (or landlord's spouse) requires it to live in as his or her main home.
Ground 2: a prior notice ground
The property is subject to a mortgage which was granted before the tenancy started and the lender, usually a bank or building society, wants to sell it, normally to pay off mortgage arrears.
Ground 3: a prior notice ground
The tenancy is for a fixed term of not more than 8 months and at some time during the 12 months before the tenancy started; the property was let for a holiday.
Ground 4: a prior notice ground
The tenancy is for a fixed term of not more than 12 months and at some time during the 12 months before the tenancy started; the property was let to students by an educational establishment such as a university or college.
Ground 5: a prior notice ground
The property is held for use for a minister of religion and is now needed for that purpose.
Ground 6: The landlord intends to substantially redevelop the property and cannot do so with the tenant there. This ground cannot be used where the landlord, or someone before him or her, bought the property with an existing tenant, or where the work could be carried out without the tenant having to move. The tenant's removal expenses will have to be paid.
Ground 7: The former tenant, who must have had a contractual periodic tenancy or statutory periodic tenancy, has died in the 12 months before possession proceedings started and there is no one living there who has a right to succeed to the tenancy.
Ground 8: The tenant owed at least two months' rent if the tenancy is on a monthly basis or 8 weeks' rent if it is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing.
Discretionary grounds on which the court may order possession
Ground 9: Suitable alternative accommodation is available for the tenant, or will be when the court order takes effect. The tenant's removal expenses will have to be paid.
Ground 10: The tenant was behind with his or her rent both when the landlord served notice seeking possession and when he or she began court proceedings.
Ground 11: Even if the tenant was not behind with his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.
Ground 12: The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent.
Ground 13: The condition of the property has got worse because of the behaviour of the tenant or any other person living there.
Ground 14: The tenant, or someone living in or visiting the property:
(a) Has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting the locality; or
(b) Has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or an indictable offence committed in the property or in the locality.
Ground 15: The condition of the furniture in the property has got worse because it has been ill treated by the tenant or any other person living there.
Ground 16: The tenancy was granted because
Verified
