AST 2024 - Cube Lodge, 1B Elthorne Avenue, W7 2JY

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 12

Counterpart - (To be signed by Tenants and kept by Landlord)

Original - (To be signed by both parties and kept by Tenants)

AGREEMENT
For letting dwelling on an
Assured Shorthold Tenancy under Part 1
of the Housing Act 1988

DATE:

THE PREMISES: Cube Lodge


1b Elthorne Avenue
London, W7 2JY

THE LANDLORD: Panache Ltd


4 Somerset Way, Iver, SL0 9AF

THE TENANT: Drew Stephan Wisniewski


(joint & severally) Danielle Faurie Wisniewski

THE TERM: Up until and including 30th June 2025

THE COMMENCEMENT DATE: 8th June 2024

THE RENTAL PERIOD: Per Calendar Monthly

THE INITIAL RENT: £2,381.92


(08.06.24 – 30.06.24)

THE RENT: £3,150.00

Payable in advance in one whole payment on the first of the


month, by standing order only.

THE DEPOSIT: £3,634.00

MAXIMUM NO. OF OCCUPIERS: 2 adults


2 children

COUNCIL TAX: Payable by Tenant

GAS: Payable by Tenant

ELECTRICITY: Payable by Tenant

WATER: Payable by Tenant

TELEPHONE: Payable by Tenant

Page 1 Landlord’s Initial: Tenant’s Initials:(x)


1. The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the Term at
the Rent payable as above

2. This tenancy is subject to and the Tenant agrees to be bound by the General Tenancy Conditions
set out over leaf with the amendments and additions to them (if any) set out under the heading
‘Special Tenancy Conditions’ overleaf save no such amendment or addition shall be of any effect if
or insofar as it purports to empower the Landlord to determine this tenancy at any time earlier than
six months from the commencement date or the date of this Agreement whichever shall be the
later.

3. This tenancy agreement is for letting furnished or unfurnished residential accommodation on an


assured shorthold tenancy within the provisions of the Housing Act 1988 as amended by Part III of
the Housing Act 1996. As such, this is a legal document and should not be used without adequate
knowledge of the law of landlord and tenant

4. This agreement has been drawn up after consideration of the Unfair Contract Terms Guidance
published by the Competition and Markets Authority

5. The Tenant shall pay to the Landlord on the signing of the Agreement the amount of the Deposit,
unless already paid in the context of a prior tenancy and the first payment of Rent. There will be no
interest payable to the Tenant on any monies held.

DATE:

BY OR FOR THE LANDLORD: TENANT


(Print name) (Print name)

1. Drew Stephan Wisniewski


Amritpal Juneja
2. Danielle Faurie Wisniewski

SIGNED SIGNED

1. (x)

2. (x)

IN THE PRESENCE OF: IN THE PRESENCE OF:

Page 2 Landlord’s Initial: Tenant’s Initials: (x)


GENERAL TENANCY CONDITIONS

In this Agreement, unless the context otherwise requires, the following expressions shall have the following
meanings:

"The Landlord" includes the persons who during the period of the tenancy have a legal interest in the
Property

"The Tenant" includes those who might inherit the tenancy. Whenever there is more than one Tenant all
covenants and obligations can be enforced against all of the Tenants jointly and against each individually.
This means that any one of the members of a joint tenancy can be held responsible for the full rent and other
obligations under the agreement if the other members do not fulfil their obligations

1 TENANT OBLIGATIONS

The Tenant will: -

1.01. Pay the Rent to the Landlord or Landlords’ Agent at the times and in the manner specified. If the
rent is more than 14 days overdue, the Tenant will pay interest at the rate of 3 percent above the
Bank of England base rate per month on any Rent in arrears calculated from the date the Rent
was due to be paid to the date upon which it was actually paid. Rent arrears due at the end of
the tenancy will be deducted from the Tenant’s Deposit.

1.02. Pay for all gas, electricity, internet, satellite/cable services (if any) and water consumed on or
supplied to the Premises during the Term. Any fees for minimum terms or early exit from any
tariff or service plan, either at the end of, or during the tenancy shall be the sole responsibility of
the Tenant.

1.03. Pay the whole of any community charge, council tax or similar tax or replacement tax or levy
payable during the Term in respect of the Premises or any building of which the Premises forms
part of (to be determined by the Landlord or the Landlord’s Agent at his discretion to be absolute
and final).

1.04. Pay for all charges made for the use of telephone (if any) in the Premises during the Term and
not to have the telephone number altered or changed in any way without the previous written
consent of the Landlord or the Landlord’s Agent.

1.05. Not to damage, injure the Premises or make any alteration or addition to the Premises.

1.06. Permit the Landlord, the Landlord’s Agent or contractors and persons authorised by either to
enter the Premises at reasonable times, with 24 hours notice, to inspect the same and the
Landlords furniture and effects therein. Except in the case of an emergency, which may
necessitate entry to the Premises without notice to or consent from the Tenant. In the last two
months of the tenancy to allow accompanied viewing of the Premises by prospective purchasers
and Tenants on 24 hours notice.

1.07. Permit the Landlord, the Landlord’s Agent or contractors and persons authorised by either to
enter the Premises to carry out repairs or maintenance to the Premises, services, appliances,
furniture and effects that are the responsibility of the Landlord. Access must be permitted during
the working hours 09.00 – 16.30 Monday to Friday inclusive on notice of one week (except in
emergency as in 1.06). If the Tenant is unable to be present whilst these works are carried out
access must be allowed, and a set of keys made available to the person(s) carrying out the
works. In the event of a Tenant not keeping an appointment, the Tenant will be responsible to
pay the full cost of the contractors call out charge.

1.08. Not to assign sub-let or part with possession of the whole of any part of the Premises. Nor to
take in any lodger, paying or otherwise.

1.09. Not to use the Premises other than for the purpose of a single private dwelling house, nor to
carry on or permit to be carried on upon the Premises any profession trade or business
whatsoever. Nor to permit the Premises to be used for any unlawful or immoral purposes.

1.10. Not to do or suffer to be done in the Premises or elsewhere anything which may be or become a
nuisance annoyance or inconvenience to the Landlord or the Tenant or the occupiers of the

Page 3 Landlord’s Initial: Tenant’s Initials: (x)


neighbouring premises or which may vitiate any insurance of the Premises or increase the
premium of such insurance.

1.11. Not to allow any paraffin stove petroleum stove or freestanding gas fired heater to be used in the
Premises.

1.12. Not to allow a television to be installed without first obtaining and paying for a licence and
produce a copy of such licence to the Landlord or the Landlord’s Agent upon request but no
more than once a year.

1.13. Not to fix or suffer to be fixed to the exterior or windows of the Premises any notice board sign
advertisement or poster.

1.14. Not to keep or suffer to be kept in the Premises any pet, animal, insect and/or bird of any nature
without prior written consent of the Landlord.

1.15. It is agreed between the Landlord and Tenant that the Landlord grants permission for the Tenant
to keep 2 pet house cats (“The Pet”) in the premises for the duration of the tenancy.

1.16. Not to play any music or make any obtrusive noise audible outside of the Premises particularly
between the hours of 20:00 and 09:00.

1.17. When the Premises are left unattended to fasten securely all locks fitted to the door and windows
at the Premises.

1.18. During the winter months to take reasonable precautions to prevent damage from the freezing
and bursting of pipes.

1.19. Not to make or have any duplicate keys to the Premises nor replace nor add any new locks to
the Premises without previous written consent of the Landlord or the Landlord’s Agents in the
event of such consent forthcoming the Tenant undertakes that one full set of keys to the new
locks shall at all times be provided at the Tenant’s expense to the Landlord or the Landlord’s
Agents.

1.20. The Tenant is responsible for ensuring that they look after the keys and security devices for the
property throughout the tenancy. If they fail to do so, they will be responsible for covering the
reasonable costs of replacement or change of locks.

1.21. Nor to permit or allow any electricity, gas or telephone line to be disconnected at any time and to
be responsible for any reconnection charges in the event that such disconnection occurs.

1.22. Not to carry out any decoration to the Premises nor part thereof without the prior written consent
of the Landlord or the Landlord’s Agents

1.23. Not to install or allow to be installed or leave any article of any nature whatsoever within any
common part of the building or communal grounds.

1.24. Not to knock, cut down, remove or otherwise injure trees, shrubs or plants growing in the
Premises or to alter the general character of the garden throughout the whole of the tenancy and
to cultivate the garden (if any, including communal gardens such as the front gardens) in a
reasonable manner according to the season of the year and keep neat and free from weeds.

1.25. For the avoidance of doubt, the Landlord will be responsible for maintaining trees only where
they are causing or likely to cause structural damage to a property or structures.

1.26. Where the maintenance of the Landlord’s fixtures, fittings or appliances is covered by a
guarantee or maintenance contract, the Tenant will be responsible for arranging the appointment
and providing access to the contractor.

1.27. Not to burn candles unless there is a power cut.

1.28. Not to permit smoking within the Property including any balcony.

Page 4 Landlord’s Initial: Tenant’s Initials: (x)


1.29. All fireplaces are for ornamental use only and unless specifically stated in this Agreement they
should not be used.

1.30. The Tenant must only park in the necessary designated areas (if any) and must not at any time
block in any other car or other person’s parking space. At the end of the Tenancy all cars/
vehicles must be removed from the premises/ allocated parking area(s)/ garage.

1.31. Any parking space or garage is solely for the use of the Tenant’s named on this agreement.
Renting or hiring out any space, be they allocated to this property, or a visitor’s space is strictly
forbidden.

1.32. Forward any correspondence addressed to the Landlord and any other Notices, orders and
directions affecting the Landlord to the Landlord’s Agent without delay.

1.33. Not use any gas appliance that has been declared unsafe by a Gas Safe registered engineer, or
disconnected from the supply.

1.34. Not to dispose of any articles other than human waste and normal toilet tissue in any toilets at
the property. No type of wipes, flushable or otherwise, should be disposed of in any toilet.
Should blockages occur due to the disposal of any other items in the toilets then the Tenant will
be responsible for all costs of clearing any blockages, with the cost beings deducted from deposit
if necessary.

1.35. Set the boiler to a minimum of 50°C to ensure that the water is above the level for optimum
bacteria growth. Report immediately if there is a problem with achieving hot water.

1.36. When the property is vacant for 1 or more weeks, turn on the hot and cold taps and showers and
run the water through (flush) for 5 minutes upon returning to the property.

1.37. If scale builds up on taps, this should be removed and cleaned with a de-scaling solution.

1.38. Every 3 months clean the shower with a de-scalers solution and ensure thorough flushing of
shower heads.

1.39. Not to hang any items of clothing or materials from the balconies and/or windows.

1.40. Not to install/erect any satellite dishes or aerials.

1.41. The Tenant agrees to take care not to cause an overload of the electrical circuits by the
inappropriate use of multi socket electrical adaptors or extension cables when connecting
appliances to the mains electric system.

1.42. The Tenant agrees they will not store anything in the loft (if any) in the property.

1.43. The tenant agrees to take such reasonable and prudent precautions expected of a householder
as may be required from time to time but particularly between and including the months of
November to February, to prevent the damage by frost or freezing occurring to the premises, its
fixtures and fittings.

1.44. The tenant agrees to take care not to put or allow to be put any damaging oil, grease or other
harmful or corrosive substances into the washing or sanitary appliances or drains within the
premises.

1.45. The Tenant agrees to reimburse the Landlord for any excess sum payable under the Landlords
insurance policy for each and any claim on the Landlords policy resulting from any action or
inaction on the part of the Tenant, his invited guests or guests in breach of this agreement.

2. TENANTS REPAIRING OBLIGATIONS

2.01. Keep the interior of the Premises in a good and clean state of repair condition and decoration
(including redecorating in existing colours as necessary). Prior written consent must be obtained
from the Landlord or Landlord’s Agent for any decoration works.

Page 5 Landlord’s Initial: Tenant’s Initials: (x)


2.02. Not fix or hang any posters, pictures, photographs or ornaments to the walls or ceilings or
woodwork with nails, glue, sticky tape, blu-tac or similar adhesive fixings, other than purpose
made picture hooks and to make good at the end of the tenancy, including painting of the same
shade and finish so as to make the repairs undetectable.

2.03. The Tenant is expected to carry out small jobs around the Property, this is not an exhaustive list
but would include the following: re-fixing of handles, replacing all defective tap washers, electric
light bulbs, fluorescent tubes and fuses, resetting trip circuit breakers and bleeding radiators.

2.04. When carrying out any obligations that are the responsibility of the tenant, you should adequately
risk assess the proposed work and should there be any possible danger, arrange for a contractor
to carry out the works at the tenants’ cost.

2.05. Not to dispose of any article in the drains (including food waste, fats and oils). The tenants are
responsible for the unblocking of all drains and sewers that serve the property, this includes
toilets, sinks, showers and baths etc. If the blockage is in a shared section of drain then the
landlord is responsible for clearing it and the cost will be apportioned accordingly.

2.06. The tenant is responsible for dealing with all infestations of pests at the property.

2.07. Test frequently the working of the smoke and carbon monoxide detectors and to replace the
batteries at least every twelve months, or if the alarm is found not to be working. If the alarm is
not working after the fitting of a new battery, the tenant must inform the Landlord promptly. The
alarm should not be switched off and with exception of changing batteries should not be
tampered with. No liability will accrue to the Landlord if the Tenant fails to carry out regular
testing and subsequently suffers any loss whatsoever.

2.08. Thoroughly vacuum all curtains at least once a year, and replace any curtains, which may be
damaged, stained or soiled to the same make of curtain as existing (see Inventory) or such
suitable replacement.

2.09. Clean all net curtains and/or wooden blinds or roller blinds every six months, and replace any
such items, which may be damaged, stained or soiled to the same make as existing.

2.10. Clean all carpets annually and replace any carpet, which may be damaged, stained or soiled, to
the same make, standard, colour and appearance of carpet as existing. This clause applies to
any burn marks made to the carpet.

2.11. Always keep the windows of the Premises clean both internally and externally and replace all
broken glass.

2.12. At all times keep the Premises well, sufficiently and thoroughly aired to avoid condensation and,
in particular, to open the bathroom/shower room or ensuite door/window after the bath, or
shower, has been used and also the kitchen window after cooking has taken place.

2.13. If condensation does occur, to promptly wipe down and clean surfaces to prevent the build-up of
mould or damage to the Premises and fixtures and fittings.

2.14. The Tenant will notify by email to the Landlord or Landlord’s Agent all repairs that are the
Landlord’s responsibility to repair. This will include any damages whether caused by the Tenant
or another e.g. storm damage.

3. LANDLORD’S FURNITURE, FIXTURES & FITTINGS.

3.01. The inventory dated 8th June 2024 is applicable to this Agreement and the signatories to this
Agreement agree to the condition as stated in it.

3.02. Should an independent inventory clerk be appointed to prepare the inventory, the Landlord will
be responsible for the creation, check in and check out costs.

3.03. The Tenant will not damage or remove from the Premises any of the Landlord’s furniture and
effects and leave them in the same room and position as detailed in the Inventory Report at the
commencement of the Tenancy.

Page 6 Landlord’s Initial: Tenant’s Initials: (x)


3.04. The Tenant will make good all damage and breakages to the furniture and effects, which may
occur during the Term.

3.05. The Tenant will replace all mattresses at the end of the tenancy if soiled (the opinion of the
Landlord or his Landlord’s Agent to be final) in accordance with the standards as stipulated in the
Inventory as dated above.

3.06. Where the Landlord’s fixtures and furnishings (inc carpets, appliances, etc) have been replaced
with new at the beginning of the Tenancy or during the Tenancy the Tenant acknowledges that
these should be returned to a Professionally clean standard at the end of the Tenancy.

4. FORFEITURE

4.01. The Landlord may apply to the court to end this tenancy and repossess the Property if:
(a) the Tenant does not pay the Rent (or any part of it) within 14 days of the date on which it is
due; or
(b) the Tenant does not comply with the obligations set out in this Agreement; or
(c) the Landlord was induced to grant the tenancy by a false statement; or
(d) any of the Grounds specified in Schedule 2 of the Housing Act 1988 (as amended) apply to
this tenancy
This termination clause operates subject to the proviso that the Landlord must obtain a court
order before repossessing the Property. IMPORTANT. Only the Court can order the Tenant
to give up possession of the Property
4.02 The parties agree:
(a) Notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of
the Housing Act 1988 if applicable. That is, that the Landlord used to live in the Property as his
or her main home; or intends to occupy the Property as his or her only or main home
(b) The tenancy may be brought to an end if the mortgagee requires possession on default of
the borrower under Ground 2, Schedule 2 of the Housing Act 1988
(c) Before the Landlord can end this tenancy, he shall serve any notice(s) on the Tenant in
accordance with the provisions of the Housing Acts. Such notice(s) shall be sufficiently served if
served at the last known address of the Tenant in accordance with section 196 of the Law of
Property Act 1925
(d) That notices and other documents given in connection with this tenancy may be served by
email on the Tenant at the email address(es) provided. The notice or document will be regarded
as received by the Tenant at the start of the next business day after it was first sent

5. LANDLORDS OBLIGATIONS

5.01. The Landlord agrees to carry out any repairing obligations as required by section 11 of the
Landlord and Tenant Act 1985

5.02. To pay and indemnify the Tenant against all rates, taxes and assessments and outgoings in
respect of the Premises other than those the Tenant has agreed to pay under the Terms of this
Agreement.

5.03. The Tenant paying the Rent and performing the obligation 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.

5.04. To keep in reasonable repair the Landlord’s contents (if any) (see Inventory).

5.05. To keep in repair the structure and exterior of the Property and keep in repair and proper working
order the installations in the Property for the supply of water, electricity, gas and sanitation and
the installations in the Property for space heating and heating water, in addition to the
maintenance of all mechanical and electrical appliances, which form part of the Contents of the
Property.

(Section 11 of the Landlord and Tenant Act 1985 imposes repairing obligations on the Landlord,
which he must comply with. The Tenant should also know that to ‘keep in repair’ means that the

Page 7 Landlord’s Initial: Tenant’s Initials: (x)


Landlord must carry out repairs even if the disrepair existed at the date the Tenancy was
granted. The Tenant may wish to consult a solicitor or Citizens Advice Bureau if they are unsure
as to the Landlord’s obligations.)

5.06. There is no obligation on the Landlord to ensure that the property does not become infested with
pests, unless the infestation is as a direct result of the Landlord’s failure to repair, of which he
has already been notified, or if it could be proven that infestation arose from any common area
under the sole control of the Landlord.

5.07. Where the Landlord is responsible for the repair or maintenance of the building and services,
there shall be no obligation to reimburse the Tenant for any sum in relation to the repair of or
compensation for the lack of any service provided that the repairs are executed within a
reasonable period of time having regard to time of year, availability of spares and any other
factor which might cause delay. In any event no consideration would be given to any claim
resulting from the lack of a service unless the service has been unavailable for 14 days.

5.08. Where there is a guarantee or maintenance contract in place the Landlord is deemed to have
complied with their obligations and is not responsible for any delay in the contractor to visit the
property and to carry out repairs or their inability to make precise appointments.

5.09. Whilst the Landlord shall make every effort to keep the Tenant’s personal details safe and
secure, it may be necessary to share such information with trusted third parties such as the
Home Office, utility companies, maintenance contractors, credit and referencing agencies and
debt collection companies etc. The Landlord will not divulge personal contact details to any
other third party organisation for marketing purposes without prior approval unless this is
necessary to comply with a statutory obligation. The Landlord and the Landlord’s Agent hereby
acknowledge their obligations under the Data Protection Act 1988 and the General Data
Protection Regulation in this context.

6. MISCELLANEOUS

6.01. If the Premises comprise part only of a building the letting shall include the use (in common with
others) of access ways to and from the Premises inside the building.

6.02. ‘Premises’ in these Conditions include the Landlord’s fixtures and fittings therein.

6.03. If two or more persons are ‘the Tenant’ their obligations to the Landlord shall be joint and
several.

6.04. References to the singular shall include the plural: and to ‘month’ mean calendar month.

6.05. For the avoidance of doubt the Tenant is responsible for the insurance of all contents of the
Premises belonging to the Tenant.

6.06. If the Tenant or any Agents appointed by the Tenant shall not keep an appointment made
between the Landlord or the Landlord’s Agents with the Tenant to check the inventory, the
Tenant shall pay the additional cost incurred by the Landlord or the Landlord’s Agents in
attending a second appointment with the Tenant to check the inventory. If neither the Tenant nor
the Agent of the Tenant shall keep the second appointment with the Landlord or the Landlord’s
Agent any assessment made by the Landlord or the Landlord’s Agent of compensation or other
sums payable by the Tenant (if any) shall be final and binding on the Tenant.

6.07. The Tenant acknowledges they will be liable for the cost of any contractor call-outs as the result
of a Tenant’s fault, and for missed contractual appointments made with the Tenant and
contractor.

6.08. The Tenant acknowledges receipt of a copy of the ‘Landlords Gas Safety Record Card’, if
applicable, the Energy Performance Certificate, Electrical Certificate or Installation Condition
Report and the How to Rent Guide prior to the commencement of the Tenancy.

6.09. To indemnify and hold harmless the Landlord or the Landlord’s Agents against all costs and
expenses however arising from any breach on the part of the Tenant of this Agreement and in
particular without prejudice to the generality of the foregoing all reasonable solicitors costs, legal

Page 8 Landlord’s Initial: Tenant’s Initials: (x)


expenses and surveyors fees incurred by the Landlord or the Landlord’s Agents incidental to
such breaches whether in connection with advice only action proceedings or otherwise.

6.10. Any notices to be served on the Landlord should be sent to:

4 Somerset Way, Iver, SL0 9AF.

6.11. The Landlord reminds the Tenant the tenancy hereby is an Assured Shorthold Tenancy.

6.12. This clause is without prejudice to the Landlord’s or any mortgagee’s rights of recovery of
possession on expiry or termination of the Assured Shorthold Tenancy Agreement hereby
granted. The Rent payable under any such renewal, continuation or during a fixed term longer
than one year shall be at the same level as the Rent payable under this Agreement, but
increased on each anniversary of the commencement of the original Term hereby granted by the
same percentage as the percentage increase in the Retail Price Index over the preceding twelve
months to the date of each such anniversary subject to a minimum increase of five per centum
on each such anniversary, or the current market rent, whichever is greater.

6.13. The Landlord or Landlord’s agent reserve the right for a marketing board to be erected on the
renewal of the Tenancy.

7. MULTIPLE TENANTS

The Tenant should note that if one of their number leaves the accommodation, the signatories to
this Agreement still remain liable under the Terms of this Agreement.

7.01. At the time of renewal only, an individual tenant may be replaced by another Tenant. The
following course of action must be adopted and there is no obligation on the Landlord to
increase the original number of Tenants occupying the Premises at the start of the Term:

a. As soon as possible, the Landlord should be notified in writing that there is a proposed
Change of Tenant, seek an application form and provide payment for £50.00, or the
Landlord’s reasonable costs if they are higher, as a contribution towards the cost.

b. Once completed, the application form should be returned to the Landlord for references to be
taken up. It is the responsibility of the outgoing and incoming tenant to ensure that the
Landlord is provided with satisfactory information to carry out the referencing and we
recommend starting this process as soon as possible to ensure that the Change of Tenant
can go ahead at the time of Renewal

c. The proposed new occupier will not be allowed into possession until satisfactory references
have been obtained and the renewed Assured Shorthold Agreement has been signed by the
Landlord and all Tenants and the additional Deposit monies paid.

d. On completion of the above the Deposit will be refunded to the vacating Tenant. It is at this
point the vacating Tenant will be released from their obligations.

8. TERMINATION OF THE AGREEMENT

8.01. The Agreement Term is as stated in the front page of the document but after four months the
Landlord or Tenant may give the other party at least two calendar months notice in writing
terminating the Agreement. Should the Tenant wish to vacate on expiry of the fixed Term or at a
later date, they must also give at least two calendar months notice in writing terminating the
Agreement. If there is more than one Tenant notice must be given by all Tenants, the same
applies after the fixed Term of the Agreement has expired.

8.02. Notices must be in writing and sent to the address in 6.10, they will be taken as being served on
the day they are received, rather than the date they are sent. The notices should either be sent
by recorded delivery or delivered by hand and a receipt requested.

8.03. After six months or on the day the Tenancy expires (whichever is later) or at any time after that,
the Landlord is entitled to possession as of right. (The Landlord must give two months’ notice

Page 9 Landlord’s Initial: Tenant’s Initials: (x)


under Section 21 of the Housing Act 1988 and if someone does not leave the Property, the
Landlord must obtain a court order before he can take possession of the Property.)

8.04. From the date of acceptance of your formal notice prospective applicants will be shown the
property on 24 hours notice and a marketing board may be erected throughout the entire period.

9. THE TENANT ACCEPTS UPON VACATING THE PROPERTY…

9.01. When the Tenant vacates the property having given the required notice, the Tenant accepts the
accommodation will be left on the last day of the tenancy in the good state of repair decoration
and condition as originally taken and all items belonging to the Tenant, including rubbish and
foodstuffs will be removed from the Premises and all communal areas inside and outside,
including the car parking area.

9.02. If the Premises are not left in such good condition, and the Landlord needs to carry out any work,
which was the responsibility of the Tenant after the expiry date of the tenancy, then a sum
calculated on a daily basis equivalent to the loss of Rent for the period in question will be
deducted from the Deposit.

9.03. If the Premises are not left in such good condition the Tenant will be responsible for the cost of
the managing Landlord’s Agent/Landlord in arranging any repairs, cleaning or works of any
nature that were the responsibility of the Tenant, the costs will be at an hourly rate of £45 with a
minimum charge of one hour and will be deducted from the deposit.

9.04. At the Inventory Check Out the Tenant will hand over all keys to the property, inform the
Landlord or Landlord’s Agent of any change in alarm codes and accepts that they will not be able
to enter the property after this time to carry out any repairs or cleaning omissions. The clause
includes mailbox, window keys and keys to external utility cupboards (if any).

9.05. Should the Inventory Check Out not be carried out by 6pm on the last day of the tenancy, the
Tenants will be responsible to pay a sum calculated on a daily basis equivalent to the Rent for
until such time as the Inventory Check Out has been carried out.

10. AT THE END OF THE TENANCY THE TENANT WILL…

10.01. Remove and make good all picture hooks and be responsible for the costs of making good such
holes caused by their fixings or their removal and to repair and decorate the entire wall, where
necessary, to the reasonable satisfaction of the Landlord.

10.02. Arrange and pay for the washing down or repainting of the internal walls ceilings cornices and
skirting boards if damaged, marked or chipped to the reasonable satisfaction of the Landlord.

10.03. Prior to the inventory check-out the property must be cleaned to a professional standard. For the
avoidance of doubt this includes the cleaning of carpets, Landlord’s furniture, curtains, blinds,
woodwork, kitchen (including the inside of all appliances), bathroom (including de-scaling &
polishing of all surfaces). An invoice must be presented to the Inventory Clerk at the check-out.

10.04. If the cleaning is not performed to the required standard, the Landlord or Landlord’s Agents will
remedy any deficiencies and the cost of this will be payable by the Tenant and may be deducted
from the Deposit. The Tenant accepts that their chosen cleaning company will not be able
to return to the property after the checkout has taken place to carry out any cleaning
omissions noted in the Inventory Check Out Report.

10.05. Make good all damage and breakages to the Premises and replace any missing or damaged or
broken items with new replacements as contained in the Inventory.

10.06. Arrange the Inventory Check Out Appointment with the Inventory Company for no later than the
last day of the Tenancy

10.07. Accept liability for the Aborted Visit Fee should the Check Out not take place due to the
Tenant not being in attendance at the agreed time.

10.08. If in the reasonable opinion of the Landlord or the Landlord’s representatives any of the items
have not been replaced or cleaned, or have not been cleaned satisfactorily, then the Landlord

Page 10 Landlord’s Initial: Tenant’s Initials: (x)


will arrange for cleaning to take place, or replace the subject items, with the costs being
deducted from the Deposit held.

10.09. If required by the Landlord, confirm payment of all bills / invoices with the Utilities (electricity, gas,
water, cable/satellite and Council Tax) and provide a receipt to show payment has been made.

10.10. Advise the telephone provider of the date the property was vacated, arrange for the final
telephone bill to be sent to the Tenant’s new address for prompt payment and arrange for the
telephone number to be a “stop line” so the telephone number can be reinstated by the new
occupier without any charge being made.

10.11. Hand over all keys to the Premises on the last day of the tenancy or as agreed between the
parties.

10.12. Agree to pay a sum calculated upon a daily basis, equivalent to the Rent payable plus all
standing charges, if the Premises have not been left in good condition and it is necessary for the
Landlord to carry out any work to the Premises, which was the responsibility of the Tenant after
the expiry date of the tenancy. Such payment will be deducted from the Deposit or payment
made within five days of being demanded.

10.13. To prevent any possible misunderstanding, the Tenant will return to the Landlord, at the end of
the tenancy, the Premises in the same good and clean state of repair condition cleanliness and
decoration as they were in at the time of the inventory dated 8th June 2024, to include the
thorough cleaning of all appliances and other Landlord’s fixtures and fittings so the next Tenant
can take occupation without any cause for complaint.

11. FAIR WEAR AND TEAR

11.01. The Landlord accepts that fair wear and tear will occur to the Landlord’s fixtures and fittings and
Landlord’s appliances, which will gradually become worn in time through general use. For the
avoidance of doubt wear and tear is considered as follows:

1. Painted surfaces – Gradual fading of the painted services to the walls, ceiling, cornice,
skirting boards and doors through time. It does not include any markings, scuffmarks,
scratches, dirt marks, finger marks or chip marks.

2. Carpet and floor coverings – The gradual wearing of the flooring in high traffic areas. It
does not cover any other damage whatsoever.

3. Curtains and soft furnishings – The gradual wearing through normal use, it does not
include marks, stains or any other damage whatsoever.

4. Landlord’s other furniture, fixtures, fittings and appliances – Repairs required in


accordance with Clause 3.04, any other damage whether incurred by accident or misuse
by the Tenant will not be considered fair, wear and tear.

12. HOLDING OF DEPOSIT

12.01. The Deposit as detailed on the front page of the Agreement is paid by the Tenant to the Landlord
and is then paid to the Tenancy Deposit Scheme (TDS) and held under the Custodial Scheme.

12.02. Any interest accrued from the Deposit will belong to the Landlord or the Tenancy Deposit
Scheme to offset the membership fees of The Deposit Scheme and the additional administration.

12.03. The Deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by: The
Dispute Service Ltd, West Wing, First Floor, The Maylands Building, 200 Maylands Avenue,
Hemel Hempstead, HP2 7TG phone: 0300 037 1000
email: deposits@tenancydepositscheme.com Landlord membership number EW19141.

12.04. The Tenant confirms receipt of The Dispute Services Ltd’s Leaflet “What is the TDS Custodial
Scheme - An advisory leaflet for Landlords and Tenants”.

Page 11 Landlord’s Initial: Tenant’s Initials: (x)


13. RETURN OF DEPOSIT

Procedure for releasing the Deposit at the end of the tenancy


13.01. Upon receipt of a satisfactory inventory check-out report or after Agreement of a dispute the
Deposit will be sent to the Tenant as soon as possible by direct transfer to a nominated bank
account.

13.02. If there is more than one Tenant a written request must be received from all Tenants stating the
share of the Deposit that each Tenant should receive.

13.03. The Landlord’s Agent must tell the Tenant as soon as possible from receipt of the inventory
checkout report if they propose to make any deductions from the Deposit. If Agreement cannot
be reached, any of the parties can refer the matter to the Tenancy Deposit Protection Scheme
for adjudication.

Joint Tenant consent to adjudication


13.04. There being multiple Tenants, each of them agrees with the other(s) that any one of them may
consent on behalf of all the others to use alternative dispute resolution through a Tenancy
Deposit Protection Scheme to deal with any dispute about the Deposit at the end of the tenancy.

13.05. The statutory rights of either Landlord or Tenant to take legal action against the other remain
unaffected.

13.06. The Deposit is being held for the following and it is agreed by both parties this is in no particular
order:

1. Any damage, or compensation for damage, to the premises its fixtures and fittings or for
missing items for which the Tenant may be liable, subject to an apportionment or allowance
for reasonable fair wear and tear and for the age and condition of each and any such item at
commencement of the tenancy.

2. The reasonable costs incurred in compensating the Landlord for, or for rectifying or
remedying any meaningful breach by the Tenant of his obligations under this Agreement,
including those relating to the cleaning of the premises, its fixtures and fittings.

3. Any unpaid accounts for utilities or water charges or environmental services or other similar
services or Council Tax incurred at the property for which the Tenant is liable.

4. Any rent or other money lawfully due or payable by the Tenant under this Agreement of
which the Tenant has been made aware and which remains unpaid after the end of the
tenancy.

Page 12 Landlord’s Initial: Tenant’s Initials: (x)

You might also like