Terms and Conditions

2. The tenant agrees:
2.1 To pay the said rent on the days and in the manner aforesaid, whether demanded or not; the first payment being proportionate if applicable and not to reduce such payment by making any deduction from it or setting any sum off against it
2.2 To pay by way of additional rent a sum of £17.63 for each and every reminder sent to the tenant by the landlord if the rent has not been received within 7 days of being due
2.3 To deposit with the landlord a sum equal to one calendar months rent to be held as stakeholder as security for compliance by the tenant with the obligations of the tenant under this agreement (including the obligation to pay rent) and the payment holding and use of the same shall be without prejudice to any other rights and remedies of the landlord whether expressed or implied
2.4 If recourse shall be had to the deposit during the tenancy the tenant shall forthwith on demand by way of additional rent pay to the agent such amount as shall be required to restore the amount of the deposit to the sum herein before specified
2.5 Within 28 days of the determination of the tenancy (howsoever the same may be determined) the landlord shall retain such part of the deposit as shall be deemed necessary and agreed by the tenant and landlord to enable the landlord as at the date of such determination to make good any breach or non-compliance by the tenant with his obligations hereunder and shall account to the tenant for any balance of such sum. If the deposit shall be insufficient for the purpose aforesaid the tenant shall pay to the landlord forthwith on demand such further sum as shall be required for such purposes
2.6 No interest will be paid on the deposit
2.7 Any bank charges incurred by the landlord through a cheque of the tenant being dishonored or any interest accrued on late rental payments will be deducted from the deposit if they have not been paid by the tenant
2.8 Not to use monies held on deposit for rental payment purposes during the period of the tenancy
2.9 Any interest accrued on deposit monies shall be retained by the landlord
2.10 To pay promptly to the Authorities to whom they are due all charges for gas fuel oil and electricity supplied at the property together with all telephone charges (including the rental of apparatus)
2.11 To pay promptly to the Authorities to whom they are due all water rates, council tax and other outgoings in respect of the Premises during the tenancy and any continuation thereof
2.12 Not to change utility suppliers without the written consent of the landlord
2.13 Not to install a water meter without the written consent of the landlord
2.14 To pay the Council Tax in respect of the Premises during the said term and any continuation thereof
2.15 To purchase a television license for any television set at the property whether belonging to the landlord or tenant or hire company
2.16 To use the Premises in a tenant-like manner at all times throughout the tenancy and to keep the Premises in the same repair and condition as specified in the said Inventory (fair wear and tear excepted) and not to carry out any decoration to the Premises nor any part thereof without the prior written consent of the landlord and not to alter or to interfere with the arrangement of the Premises or the fixtures and fittings therein or alter injure or affix anything to the walls or damage the floors wiring pipes or drains and not to alter or extend any electrical wiring, plumbing or gas installation and to notify the landlord immediately of any breakages or damage to the items on the specified inventory
2.17 To keep the doors windows and skylights including the glass in the doors, windows and skylights in a good state of repair and clean condition
2.18 To keep the furniture and effects specified in the Inventory together with the interior of the Premises clean and in the same condition as at the commencement of the tenancy (fair wear and tear excepted) and to immediately replace with articles of the same sort and equal value such as may be lost broken damaged or destroyed or to compensate the landlord in damages for any omission to replace and to repair and make good any articles as may be damaged and not to permit or allow any of the said furniture or effects to be removed from the Premises other than for necessary repairs without the written consent of the landlord
2.19 To ensure that the Premises are properly ventilated and to allow thorough circulation of fresh air at regular intervals and to be responsible for removing cleaning and leaving in good clean order any areas of blackness caused by condensation or lack of proper ventilation
2.20 To place all refuse in a proper receptacle and ensure that it is regularly collected by the Local Authority such receptacle to be kept in a place approved by the landlord and to be responsible for removing from the Premises any discarded items not normally collected by the Local Authority
2.21 To ensure that electrical gas and other appliances are kept in good working order and to pay for the immediate replacement of any parts which have become defective through negligence or ill-treatment by the tenant or any invitee of the tenant and to replace all light bulbs fluorescent tubes fuses batteries and tap washers which have become defective
2.22 To have the chimneys (if any) belonging to the Premises thoroughly swept and cleaned when reasonably necessary and in any case at least once between the months of October and March and to provide a receipt to the landlord to that effect if demanded.
2.23 To have all windows cleaned inside and out at least once a month and to leave all windows clean inside and out at the determination of the tenancy
2.24 Not to park any car caravan motorcycle boat or other vehicle on any part of the Premises except those areas as specifically designated for the purpose by the landlord
2.25 Subject to the landlord’s obligations in clause 3.2 hereof to ensure that all sanitary ware including taps baths washbasins cisterns waste and other internal pipes together with drains down pipes and gutters at the Premises are kept clean and open and not to damage such ware or pipes serving the Premises
2.26 To take all measures to prevent the build up of lime scale on taps toilet pans and any other sanitary ware and to be responsible for the removal of any accrual using a recognised cleaning agent
2.27 To make good all damage caused at the Premises through any breach of the obligations in clause
2.17 hereof through improper use or negligence of the tenant or his invitee or through the stopping up bursting overflowing or leakage of any of the taps baths washbasins cisterns W.C’s pipes fittings or apparatus PROVIDED THAT this sub clause shall not impose any liability upon the tenant which is cast upon the landlord by Section 11 of the landlord and tenant Act 1985 as amended by Section 116 of the Housing Act 1988 and the Gas Safety (Installation and Use) Regulations 1998 as amended
2.28 To give Notice to the landlord and proper sanitary Authorities as necessary in the event of disinfection or similar being required as a result of any infectious or contagious illness or infestation by rats, mice, fleas, insects and the like and to bear the costs of any remedial action taken and further to pay the cost of redecoration where necessary as a result of such action where it is found to be necessary in the opinion of the landlord as a result of negligence on the part of the tenant
2.29 To carry out repairs which are the obligation of the tenant under this agreement failing which the landlord shall be entitled to enter the Premises to perform the said works and the costs will be paid by the tenant to the landlord upon demand
2.30 To keep or procure to be kept the garden at the Premises (if any) in good order, the grass cut and the borders free from weeds and not to remove or otherwise injure any tree shrub or plant growing upon the Premises or alter the general character of the garden and to cut, trim and keep tidy all conifer privet and other boundary hedges throughout the tenancy and to cultivate the garden in a responsible manner according to the season of the year and similarly to tend and keep in good heart any houseplants in the Premises
2.31 To notify the landlord in writing whenever the Premises will be unattended for a period of more than 14 consecutive days and in such event the tenant agrees to comply with the obligations contained in the landlord’s insurance policy in respect of vacant and empty Premises
2.32 Whenever the Premises are left unattended to fasten securely all locks fitted to doors and windows of the Premises and to ensure that the burglar alarm (if installed) is activated
2.33 To take adequate precaution during the winter months to avoid damage from the freezing and bursting of pipes PROVIDED this clause shall not oblige the tenant to lag or otherwise protect pipes that are not already lagged or protected
2.34 To give written Notice to the landlord immediately any damage destruction or adverse happening is occasioned at the Premises
2.35 To allow the landlord to enter the Premises after giving 48 hours prior notice (except in an emergency) with or without workmen to inspect the state of repair and decoration thereof and to paint the outside of the building or carry out works to the property or to make a general inspection
2.36 To give to the landlord any notice received concerning the Premises or any correspondence received not addressed to the tenant and in particular to notify the landlord of any correspondence with specific reference to the Party Walls etc Act 1996
2.37 Not to assign underlet charge or part with possession of or share the Premises or any part thereof and not to sell or offer for sale assign underlet or create or allow to be created any lien upon the Contents or any part thereof and not to take in any lodger or paying guest.
2.38 Not to carry on or allow to be carried on upon the Premises or any part thereof any profession trade or business whatsoever and not to use the Premises otherwise than for the purpose of private residence by the tenant
2.39 Not to do or suffer to be done any act or thing which may render the insurance policy on the Premises void or voidable or which causes an increased premium to be payable and to repay to the landlord on demand all sums from time to time paid by way of an increased premium and all expenses incurred by the landlord should any renewal of such policy be rendered necessary by a breach of this sub-clause
2.40 Not to use or allow the Premises to be used for any illegal or immoral purposes and not to hold any sale by auction thereon nor to do nor to cause nor allow members of the household or visitors to cause a nuisance or annoyance to other persons in the locality or to any agent employee or contractor of the landlord; this clause to include the playing of music at unreasonably loud levels
2.41 Not to use the Premises or any part thereof for activities which are dangerous offensive noxious or noisome and not to use allow to be used or keep any illegal drugs or substances on the Premises
2.42 Not to use the loft cellar garage or outbuildings (if any) for storing any of the landlord’s belongings without the prior written consent of the landlord
2.43 Not to make a claim against the landlord or the landlord’s Insurers for any recompense or compensation for damage suffered in the event that the washing machine and or tumble dryer (if any) malfunctions for whatever reason and causes damage to the tenant’s contents
2.44 Not to make a claim against the landlord for any loss or inconvenience suffered in the event that the refrigerator or freezer (if any) ceases to function with the result that stored goods thaw or become damaged or unfit for human consumption and as a consequence require to be destroyed or discarded
2.45 Not to keep or allow to be kept any animal reptile fish or bird in or on the Premises without the written permission of the landlord which, if given, shall be deemed to be by way of a license revocable at will
2.46 Not to cause or allow the accrual of offensive or inflammable material to collect in or on the Premises including any garage or outbuilding and not to use any form of heater or appliance requiring fuel of a dangerous nature in or upon the Premises including any garage or outbuilding
2.47 Not to erect or permit to project from the Premises any wireless satellite dish or communications aerial without the prior consent of the landlord
2.48 At the expiration or sooner determination of the tenancy hereby created to yield up the Premises and all fixtures and fittings therein together with the contents or substituted contents in such a state of repair, condition and cleanliness as shall be in accordance with the stipulations herein contained and to ensure that furniture and effects are in the rooms and places in which they were at the commencement of the tenancy
2.49 If the tenant or representative of the tenant shall not keep an appointment made with the landlord to carry out a routine visit or to check the Inventory at any time during the tenancy or to check the property again following the tenant’s departure when further works will have been required then the tenant shall pay a charge of £29.38 being the cost incurred by the landlord in making and attending a second appointment
2.50 Following the tenant’s vacation if any goods or possessions remain at the property the tenant shall pay to the landlord a rent at the equivalent rate previously paid until such times as all goods are removed. In the event of them not being removed after seven days, the landlord shall be entitled to remove them from the Premises and charge the tenant for the costs of removal and disposal in addition to those charges as detailed in clause 2.50 of this agreement
2.51 To allow any person who reasonably needs access in order to inspect repair or clean neighbouring premises to enter at any reasonable time such person giving at least two days notice and making good any damage to the Premises promptly
2.52 At the end of the tenancy to pay for the washing of all linen and for the washing and cleaning of counterpanes blankets and curtains and the steam or appropriate cleaning of all carpets and upholstery and to undertake the thorough cleaning of the whole Premises including the inside and outside of all windows and all kitchen and bathroom equipment which shall in the opinion of the landlord have been soiled during the tenancy and to produce if required the receipts from cleaning firms recognised and approved by the landlord as proof of all cleaning. If the landlord is not satisfied that the Premises have not been satisfactorily cleaned or left in the state of cleanliness as at the commencement of the tenancy to permit a recognised cleaning firm to undertake all cleaning at the Premises and such costs to be deducted from the tenant’s deposit monies
2.53 To permit the landlord or those with written authority from the landlord during the last six weeks of the tenancy (howsoever determined) or at any time during the tenancy in the event of the landlord wishing to re-let sell or otherwise deal with its reversion at reasonable times of the day to view the Premises by prior appointment. If the tenant is unable to grant access to the landlord the tenant hereby authorises the landlord to use his own key to gain access within three days of making such a request
2.54 To pay a proportion of the costs of and in connection with:
The preparation and completion of this agreement including any stamp duty payable thereon
The preparation and completion of any renewal documentation a charge of £50.00 plus VAT
2.55 To indemnify and hold harmless the landlord against all costs and expenses howsoever arising from any breach on the part of the tenant of this agreement
2.56 To give one calendar months notice for vacating the property. As payment is made one months in advance no refunds will be given.
3. The landlord agrees:
3.1 To provide and maintain the Premises and contents in good repair during the tenancy except in respect of damage caused by the tenant or any invitee insofar as the tenant is liable to keep the Premises in repair under clause 2 hereof
3.2 To maintain all gas and electrical appliances and the central heating system (if any) and make good or replace any parts which become defective due to fair wear and tear (except for light bulbs fluorescent tubes batteries and electrical fuses) and not caused by negligence on the part of the tenant or invitee
3.3 To keep the Premises and those contents offered with the letting insured against fire and the usual comprehensive risks
3.4 That the tenant paying the rent and observing the stipulations on the part of the tenant herein contained shall peaceably hold and enjoy the Premises during the tenancy without any interruption by the landlord or any person lawfully claiming under or in trust for the landlord
4. If the Premises shall be destroyed or damaged by any insured risk so as to be unfit for habitation and use the rent shall cease to become payable until the Premises have been rendered fit again for occupation and provided that the landlord’s insurances shall not have been made void as a result of any act by the tenant or invitee then the tenant may terminate the tenancy forthwith by giving written notice to the landlord
5. PROVIDED ALWAYS and it is hereby agreed that if the rent or any part thereof shall be unpaid for 14 days after becoming payable (whether formally demanded or not) or any of the foregoing covenants or stipulations on the part of the tenant have not been performed and in particular relating to Ground 8 in Part 1 Schedule II of the Housing Act 1988 (as amended) or if the tenant for the time shall become bankrupt the landlord may at any time thereafter re-enter upon the Premises and resume possession of the Contents and thereupon this tenancy shall determine but without prejudice to any right of action or remedy to the landlord in respect of any breach of the tenant’s stipulations herein contained
6. The landlord warrants that he is the sole owner of the leasehold or freehold (as the case may be) interest in the Premises and that all consents necessary to enable him to enter into this agreement have been obtained
7. The landlord warrants that if appropriate all furniture soft furnishings beds mattresses pillows and cushions supplied to the Premises comply with the provisions of the Furniture and Furnishings (Fire)(Safety) Regulations 1988 and the Furniture and Furnishings (Fire)(Safety)(Amendment) Regulations 1993
8. The landlord warrants that he will comply with the Gas Safety (Installation and Use) Regulations 1998 by ensuring that a copy of the Safety Certificate is given to the tenant at the tenancy commencement within 14 days of any subsequent check being undertaken and the landlord or agent will provide the tenant with the last record of any check undertaken at the Premises and further the landlord shall retain a record of such check
9. The property is subject to a mortgage granted before the beginning of the tenancy and the provisions for recovery of possession by a mortgagee under Grounds 1 and 2 of Schedule 2 of the Housing Act 1988 and Section 7(6) of the Housing Act 1988 apply accordingly. If the landlord’s mortgagee is or becomes entitled to exercise its power of sale then the landlord’s mortgagee shall be entitled to forfeit this agreement and gain vacant possession of the Premises under Grounds 1 and 2 of Schedule 2 of the Housing Act 1988 if and so long as the existence of such an entitlement does not amount to a power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy within the meaning of Section 20 (1)(b) of the said Act
10. WHERE MORE THAN ONE PERSON is a party hereto as tenant the expression ‘the tenant’ shall where the context admits include all or either in any such persons and their liability in respect of the obligations on the part of the tenant contained or implied shall be joint and several
11. In this agreement reference to the masculine gender shall include reference to the female gender and reference to the singular shall include the plural
12. Any obligation to pay money other than rent refers to a sum exclusive of Value Added Tax and any Value Added Tax charged on it is payable in addition
13. The Premises are let with the benefit of any rights which until now have been enjoyed over the Premises by the owners of adjoining property
14. Any reference to a statute includes any amendment or re-enactment of it (whether made before or after the date of this agreement) and any secondary legislation made under that statute
15. Any agreement by the tenant not to do any act or thing includes an agreement not to allow anyone else under control of the tenant to do that act or thing
16. Any Notice given by or on behalf of the landlord or any other document to be served on the tenant shall be deemed to have been served on the tenant even if the tenant could not have physically received it if it is:
16.1 a) Left at the property or
b) Sent by ordinary post properly addressed to the tenant by name at the property
16.2 Any Notice given by the tenant or any document to be served on the landlord shall be deemed to have been served on the landlord if it is a) Sent by ordinary post to the landlord properly addressed to the landlord by name.
16.3 Any Notice or other document left at the property or the offices of the landlord shall be deemed to have been served on the day it was left or if any Notice or other document is sent by post it shall be deemed to have been served 48 hours after it was posted.
17. The Contract (Rights of Third Parties) Act 1999 shall not apply to this agreement and unless specifically herein provided no person other than the parties to this agreement shall have any rights under it or shall it is enforceable by any other person other than the parties to it.


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