ASSURED SHORTHOLD TENANCY AGREEMENT
Mr and Mrs B
Under Part 1 of the Housing Act 1988 as amended under Part 3 of the Housing Act 1996
This is an Assured Shorthold Agreement under the Housing Act 1988 it contains the terms and obligations of the tenancy. Before you sign you should read it carefully to ensure that you understand the responsibilities and rights of both the Landlord and the tenant. If you do not understand this Agreement or anything in it, it is strongly suggested you ask for it to be explained to you before you sign it or consult a solicitor, Citizens Advice or Housing Advice Centre. Once signed and completed it becomes a contract between you and the Landlord. Not to be used for agreements of a fixed term of more than three years which must be signed as a Deed.
made on the 1st January 2019
(Landlord/s Name) Mr A
(Landlord/Agents Address) 59, St Kingsmark Avenue
(Tenant/s) Mr and Mrs B
PROPERTY ADDRESS 2, Brooklyn Cottage,
Definitions and Interpretations
‘The ‘Tenancy’ means an assured (shorthold) monthly tenancy of the Premises for the Term at the initial rent in the form of the assured tenancy annexed hereto;
‘The Term’ means a Fixed monthly periodic tenancy Term 6 months
From and including 16/02/2019
To and including 15/08/2019
and includes references to any part or parts of the property and to fixtures, furniture, fittings and effects or any of them, plus any additional items detailed on the inventors taken at the start of this Agreement;
The Property contains furniture, fixtures, contents, and effects (“Fixtures and Fittings”) which are specified together with a
description of their condition in Schedule A being the Inventory and Schedule of Condition attached at the end of this Agreement.
‘The Rent’ means an initial rent of £ 1000.00 per calendar month from the initial start date being 01/02/2019, then thereafter payment due to fall on 01/03/2019 and monthly on the same date thereafter.
Late fee payable on overdue rent
3% above the Bank of England base rate in interest on late payments that is more than 14 days overdue from the date the rent was due to the date it is paid.
‘Utilities and other charges’ The Landlord will be responsible for Insuring the building only.
The Tenant shall be responsible for paying all services and provisions the property, including:
Council Tax and Garden Waste License
Water and Sewerage Chagres
Gas and electricity
Television License Fee
Telephone line rental, Broadband and TV Subscriptions, Aerial
Tenants Contents Insurance
‘The Deposit’ means the sum of £ 1000.00 to be held by the Government run Deposit Protection Service www.depositservice.com until such time as the Tenancy is terminated and all damages and dilapidations have been accounted for and all utility bills and charges brought against the property have been settled; See Prescribed information attached.
1(a) The Tenant agrees to pay to the Landlord’s Agent the Deposit on the signing of this Agreement. No Interest will be paid to the
1(b) The Deposit paid by the Tenant is held as security for the performance of the Tenant’s promises and obligations under the
Agreement and to compensate the Landlord for any breach by the Tenant of the matters set out in this Agreement.
1(c) During the Tenancy the Deposit is held by the Landlord’s Agent as Stakeholder which means that no deduction can be
made from the Deposit without the written consent of both the Landlord and the Tenant. The Landlord’s Agent is a member of the Tenancy Deposit Scheme.
1(d) Any interest earned will belong to the Landlord’s Agent;
1(e) The Deposit has been taken for the following purposes:
1(e) (1) Any damage, or compensation for damage, to the Property its Fixtures and Fittings or for missing items for which the
Tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any
such item at the commencement of the Tenancy, insured risks and repairs that are the responsibility of the Landlord.
1(e)(2) The reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying any major breach by the
Tenant of the Tenant’s obligations under the Tenancy Agreement, including those relating to the cleaning of the Property, its
Fixtures and Fittings; any costs incurred by the Landlord or the Landlord’s Agent in re-letting the Property if in breach of this
Agreement the Tenant vacates the Property prior to the end of the fixed Term unless the termination follows a break clause; and any housing benefit which is clawed back by the local authority from the Landlord or the Landlord’s Agent.
1(e) Any loss due to any other breach of the terms of the Agreement.
1(e) Any unpaid accounts for utilities, telephone, or water charges including environmental services and sewerage or other
similar services or council tax incurred at the Property for which the Tenant is liable.
1(e) Any Rent or other money due or payable by the Tenant under the Tenancy Agreement of which the Tenant has been
made aware and which remains unpaid after the end of the Tenancy.
1 (f) The holding and use of the Deposit shall be separate from any other rights and remedies of the Landlord under this Agreement, whether expressly set out in this Agreement or implied as part of the Agreement.
1(g) After the end of the Tenancy the Landlord’s Agent on behalf of the Landlord shall return the Deposit, except in case of dispute
subject to any deductions made under the Agreement, within 20 working days* of the end of the Tenancy or any extension of
it. If there is more than one person forming the Tenant, the Landlord or the Landlord’s Agent may, with the written consent of
the Tenant return the Deposit by cheque to any one person forming the Tenant at his last known address.
1(h) If the amount of monies that the Landlord or the Landlord’s Agent is entitled to deduct from the Deposit exceeds the amount
held as the Deposit, the Landlord or the Landlord’s Agent may require the Tenant to pay that additional sum to the Landlord or
the Landlord’s Agent within 14 days of the Tenant receiving that request in writing.
1(i) The Tenant shall not be entitled to withhold the payment of any instalment of Rent or any other monies payable under this
Agreement on the ground that the Landlord, or the Landlord’s Agent, holds the Deposit or any part of it.
1(j) The Deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by:
The Deposit Protection Service
Phone 0330 303 0030
At the end of the Tenancy
2(k) The Agent must tell the Tenant within 10 working days of the end of the Tenancy if they propose to make any deductions from
2(l) If there is no dispute the Agent will keep or repay the Deposit, according to the agreed deductions and the conditions of the
Tenancy Agreement. Payment of the Deposit or any balance of it will be made within 10 working days of the Landlord and the
Tenant agreeing the allocation of the Deposit.
2(m) The Tenant should try to inform the Agent in writing if the Tenant intends to dispute any of the deductions regarded by the Landlord or the Agent as due from the Deposit within 20 working days* after the termination or earlier ending of the Tenancy
and the Tenant vacating the Property. The Independent Case Examiner (“ICE”) may regard failure to comply with the time limit as a breach of the rules of TDS and if the ICE is later asked to resolve any dispute may refuse to adjudicate in the matter.
2(n) If, after 10 working days* following notification of a dispute to the Agent and reasonable attempts having been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the
allocation of the Deposit the dispute will (subject to clause 2. (n) below) be submitted to the ICE for adjudication. All parties agree to co-operate with the adjudication.
2(o) The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses
2(j) to 2(m) above.
In this Agreement where context admits:
(i) “The Tenant” includes the persons deriving title under the tenant and any guarantor detailed in this agreement
(ii) Word importing the masculine gender only shall also import the feminine gender or (in relation to a corporate aggregate) words of neuter gender
(iii) Word importing the singular number only shall also import the plural number and vice versa
(iv) Covenant made by a party comprising more than one person shall be deemed to be made jointly and severally.
IT IS AGREED as follows:
1. THE LANDLORD AGREES:
1.1 That the Tenant paying the rent hereby reserved and performing and observing the agreements on his part contained herein shall peaceably hold and enjoy the premises during the tenancy without interruption by the Landlord or Landlord’s Agent;
1.2 To carry out those repairs liability for which is cast upon the Landlord by sections 11-16 inclusive of the Landlord and Tenant Act 1985 as amended by the Housing Act 1988;
1.3 To give the Tenant notice of any regular contractual work required to adhere to the Landlord obligations under The Gas Safety (Installation and Use) Regulation 1998, Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993, 1996), and Landlord Tenant Act 1985;
1.4 To arrange at a mutually convenient time to carry out regular inspections of the property and not to enter the property before first contacting the Tenant except in the event of an emergency where the property, neighbouring properties, the Tenant(s) or others may be at risk, in the event of one these occurrences the Landlord agrees to attempt contact with the Tenant before entering the property;
1.5 To carry out an Annual Safety Check on each appliance/flue by a registered Gas Safe Installer. To carry out checks within one year of the start of the Tenancy, unless the appliances have been installed for less than 12 months, in which case to be checked within 12 months of installation;
1.6 To issue a copy of the Landlord’s Gas Safety Record or similar document to the Tenant within 28 days of the check being completed, or to any new Tenant before they move in;
1.7 To ensure the electrical appliances included in the property are safe to use when first supplied in accordance with the Electrical Equipment (Safety) Regulations 1994;
1.8 To maintain the electrical appliances or equipment supplied with the property and to take practical precautions to ensure the appliances are safe. The Landlord is advised under the Electrical Equipment (Safety) Regulations 1994 to carry out a visual inspection, and formal inspection and testing by a competent person such as a NICEIC Approved Contractor;
1.9 To take out a Buildings and Contents Insurance policy relevant to a Tenanted property including cover for fitted carpets, curtains;
1.10 Where the property is mortgaged to inform the mortgage provider of the property’s change of use and get written permission from the lender;
1.11 This agreement also constitutes notice to the Tenant to tell you that where the property is mortgaged to a bank by the Landlord possession may be recovered under the housing act 1988 schedule 2 Ground 1, and any subsequent amendments and latest legislation;
1.12 To ensure all upholstered furniture conforms to the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993, 1996). The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not however apply to antique furniture made before 1950, bed clothes including duvets, loose covers for mattresses, pillowcases and non-compliant items removed from the premises. In practice, most (but not all) items which may comply must have a suitable permanent label attached. Items purchased since 01/3/90 from a reputable supplier are also likely to comply;
1.13 To provide the Tenants with a permanent residential address or a legitimate ‘care of’ address in the United Kingdom;
1.14 Not to use the deposit of four weeks rent for his/her personal use and to hold the deposit in a non-interest-bearing account or to pay to the Tenant(s) any interest that may have been accrued during the period of the Tenancy at the termination of the Tenancy;
1.15 To allow the Tenant(s) one week from the inspection on the final day of the Tenancy to make good any damage or dilapidation or to have the property professionally cleaned if required. It is the Tenant’s choice not to have the work carried out, but deductions will be made from the deposit for any damage or dilapidation which is the result of Tenant negligence, inattention or carelessness, or not the result of reasonable wear and tear;
1.16 To replace to similar or equal value any appliances or furniture which has ceased to function as originally intended as promptly as possible or to give authority to the Tenant to replace such an item to similar or equal value and to reimburse the Tenant promptly;
1.17 To ensure all doors, windows and entrances and exits to the property are kept to a secure standard of repair and to replace or fix any insecure locks or lock/handle door furniture;
2. THE TENANT AGREES:
2.1 To pay the rent, without deductions, on the days and in the manner aforesaid, a late charge of 3% above the Bank of England base rate in interest on late payments that is more than 14 days overdue from the date the rent was due to the date it is paid; failure to pay the rent will result in termination of the Agreement under section 8 of the Landlord Tenant Act (see attached grounds for repossession of property);
2.2 To pay the Landlord (or his agent) upon the signing hereof a deposit equivalent to 1 (one) month’s rent to be held by the landlord (or the agent for the landlord) against any liability of the tenant arising under this agreement, which will include non-payment of rent and any dilapidations;
2.3 To keep ALL parts of the premises including the Landlord’s fixtures and fittings in a good and tenable state of repair, in exclusion of fair wear and tear, and not to cause obstruction or offence to neighboring properties when disposing of refuse on allocated local authority refuse collection days.
2.4 Not to assign, underlet, sublet, part with, share possession or occupation of the property or any part thereof without the knowledge and consent of the Landlord;
2.5 Not to use the premises or any part thereof for any purpose other than a private residence;
2.6 Not to use the premises for any illegal or immoral purpose;
2.7 Not to bring adverse credit or charges against the property;
2.8 Not to carry on upon the premises any profession trade or business or let rooms or receive paying guests or lodgers or place or exhibit any notice on the premises;
2.9 Not to do or permit or suffer anything in the premises (or any building of which the premises form part) which may grow to be a nuisance or annoyance to the Landlord, neighbour, or tenant/owner occupier of any part of any building of which the premises form a part;
2.10 Not to damage or make any alteration to the premises (including change of decoration) or any part thereof without the strict permission of the Landlord;
2.11 Within seven days of receipt thereof to ensure the Landlord is informed of any mail or correspondence addressed to the landlord and any notice, order or proposal relating to the premises received at the address;
2.12 To permit the Landlord or the Landlords Agent to enter the premises at a time and date mutually convenient between all parties to view the state of condition thereof and if necessary, to carry out repair’s alterations or other works;
2.13 To pay all fees expenses and costs (including solicitors counsel’s and surveyors’ fees) incurred by the Landlord in preparing and serving a notice on the Tenant of any breach of any of the covenants on the part of the tenant herein contained notwithstanding forfeiture is avoided otherwise than by relief granted by the court;
2.14 To notify the Landlord or Landlord’s Agent promptly after any event which causes damage to the premises or which may give rise to a claim under the insurance of the premises;
2.15 Not to change the locks to any doors on the premises nor make duplicate keys without the express permission or consent of the Landlord or Landlord’s Agent and to return all such keys issued to the Landlord or Landlord’s Agent at the end of the agreement;
2.16 Not to apply to have a service installed at the premises without the express permission of the Landlord or Landlord’s Agent;
2.17 Not to leave the property vacant for a period of more than 28 days without the prior knowledge and agreement of the Landlord or Landlord’s Agent, and always to leave the premises secure when vacant;
2.18 To pay for professional cleaning of the property and all fixtures and fittings at the end of the agreement;
2.19 Following the service of notification to terminate agreement by Landlord or Tenant to allow the Landlord or Landlord’s Agent to enter the premises at reasonable hours and at a time convenient to all parties, to view the premises with prospective tenants or purchasers;
2.20 Permit the Landlord’s agent to erect a “For Sale” of “To Let” board during the last two months of the Tenancy, and at any time during the Tenancy to enter and view the property with prospective purchasers or Tenants;
2.21 At the termination of the Tenancy Agreement to yield up to the Landlord or Landlord’s Agent the premises (furniture, fixtures and effects) properly repaired and decorated (if necessary) and kept in accordance with the obligations hereinbefore contained and to remove from the premises all the Tenant’s effects including refuse;
2.22 Not to remove any of the said furniture, fixtures and effects from the premises;
2.23 Not to keep any animals, birds or other living creature in the property or any buildings and gardens included in the premises without the express written permission of the Landlord, Landlord’s Agent, and Block Management Company and agree in the event of such to pay an additional damages and dilapidations deposit equal to 2 (two) weeks rent;
2.24 Not to smoke a pipe, cigarette or any other substances within the property nor allow visitors to do the same;
2.25 To keep the said furniture, fixtures and effects in the same state of repair and condition as at the commencement of the Tenancy Agreement (in exception of reasonable wear and tear) and to replace with articles of a similar or equal value if necessary. If the Landlord is required to pay for the replacement of such items, to pay to the Landlord the value of any part of the said furniture, fixtures and effects which may be destroyed or damaged to be incapable of returning them to their former condition;
2.26 To pay all charges which are the responsibility of the Tenant(s) which may be at any time hereafter been assessed charged or imposed upon the property during the term of the Tenancy Agreement or on the owner or occupier in respect thereof;
2.27 Not to change the suppliers of the utilities to the premises without written consent from the Landlord or Landlord’s Agent;
2.28 To take responsibility for all Utility charges to the property including Council Tax, Television License and telephone line rental charges and to assure regular and prompt payment of all charges set against the property during the term of the Tenancy Agreement and to settle all final bills at the termination of the Tenancy promptly and to settle any charges which may occur thereafter referring to the term of the Tenancy;
2.29 To inform the Utility companies, including telephone rental company, and the Local Council Tax office of the change in responsibility at the end of the Tenancy and to provide a legitimate forwarding address for the settlement of final accounts;
2.30 To take out a suitable Tenant Contents Insurance policy;
2.31 To inform the Landlord or Landlord’s Agent of any repairs required on the property before instructing an external contractor. If a Tenant instructs a contractor to effect repairs at the property without first contacting the Landlord or Landlord’s Agent, the tenant will be liable for the costs. This does not apply in the except in the event of an emergency where the property or Tenant(s) is at risk, in this case to attempt contact and instruct a contractor if Landlord or Landlord’s Agent is unavailable;
2.32 Not to withhold rental payments under any circumstances;
2.33 To replace any locks resulting from loss of keys and to provide copies to the Landlord or Landlord’s Agent;
2.34 Not to erect a satellite dish/receiving equipment without prior consent from the Landlord/ or Agent;
2.35 Not to burn candles on the premises without supervision
2.36 Not to take into, use or keep in the property any heater or like object which requires paraffin or other flammable or gaseous fuel;
2.37 Not to venture onto the main house roof, any extension or shed roofs;
2.38 The Garden
(i) To keep the garden and outside areas of the Property (if any) in good seasonable order throughout the Tenancy.
(ii) To cut the grass at appropriate regular intervals and keep the borders and paths of the Property weeded.
(iii) To protect the shrubs, trees and plants growing in the garden of the Property (if any) and, to preserve any
plants of value listed in Schedule A to this Agreement, including the watering and preservation of any house
plants listed in Schedule A to this Agreement.
(iv) Not to cut down, remove or otherwise injure the shrubs, trees and plants growing in the garden of the Property (if any)
except for appropriate pruning and trimming including the regular cutting of hedges to their existing height and shape at
the start of the Tenancy.
To hand back the gardens and grounds of the Property to the Landlord at the end of the Tenancy in the state and condition described in Schedule A to this Agreement, subject to seasonal adjustment.
(i) To wash, iron and press linen, bedding curtains and net curtains in the Property regularly and at the end of Tenancy.
(ii) To vacuum and clean all soft furnishings and the Fixtures and Fittings in the Property regularly and at the end of the
(iii) To clean the inside and outside of the windows of the Property regularly and at the end of the Tenancy, but only in
domestic situations where it is reasonable, safe and practical so to do.
(iv) To clean the Property and the Fixtures and the Fixtures and Fittings regularly and to clean or pay for the professional cleaning of the Property and the Fixtures and Fittings to the same standard as detailed in Schedule A at the end of the Tenancy.
(i) To remove or pay for the removal of all rubbish from the Premises, during and at the end of the Tenancy.
(ii) To place all refuse in a plastic bin liner and put it in the dustbin or receptacle made available.
(iii) To dispose of all refuse through the services provided by the local authority.
2.41 Legionnaires guide lines, Tenants should:
(i) Inform the landlord/letting agent if they believe the hot water temperature is below 50°C or the hot water tank/boiler is
defective in any way
(ii) Not adjust the temperature of the hot water to a temperature under 50°C
(iii) Advise landlord/letting agent if they believe the cold-water temperature is above 20°C(iv) Flush through little used outlets for 2 minutes at least once a week and all outlets upon receiving the keys at the start of
(v) Clean, disinfect and descale shower heads at least once every 6 months.
(vi) Notify the landlord/letting agent if they notice any debris or discolouration in the hot or cold water.
2 TERMINATING THIS AGREEMENT
The Tenant understands that the Landlord or their Agent can recover possession at the end of the Term (as defined) and may end the tenancy early if the Tenant fails to carry out their responsibilities. The Landlord may end this Agreement by giving the Tenant at least two calendar months written notice in accordance with Section 21 of the Housing Act 1988, requiring possession of the Property on a date specified in the notice. The Tenant may end this Agreement by giving the Landlord at least one calendar month written notice (expiring on the last day of a rental period and not before the last day of this Agreement).
2.1 Service of such notice will be in accordance with the provisions of S196 of the Law of Property Act 1925 either served at Commencement, sent by first class post, or hand delivered to the Property by the Landlord or his agent. If the Landlord is aware that you have moved to another address, he will also send a copy of the notice to that address by first class post. This notice can be served at any time, but the Landlord cannot recover possession until the end of the fixed term or before 6 months has lapsed from the Commencement, whichever is the later. If the Tenant gives up possession of the Property before the date specified in the notice, the Agreement ends on the date specified in the notice, unless you are leaving earlier in accordance with the terms of your termination notice. Upon Expiry of the Landlords notice, he may make a claim to the court for recovery of possession of the Property.
2.2 The Landlord may end this Agreement if the Tenant forfeits and breaches any term of this Agreement: fails to pay us rent 14 days after it is due, (whether formally demanded or not); causes a nuisance or annoyance; the Landlord has genuine reasons for believing that the Tenant has abandoned the Property; the Tenant becomes bankrupt. If any of these things happen, the Landlord has the right to enter the Property after the bailiffs evict the Tenant following a court order for possession. The Landlord may start this process by sending you a notice in accordance with the procedure set out in Section 8 of the Housing Act 1988.
2.3 If applicable, the Landlord may also end this Agreement under Grounds 1 or 2 under Section 8. The Landlord (or, in the case of joint Landlords, at least one of them) has occupied the Property 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 Property may be recovered on Ground 1 in Part I of Schedule 2 of the Housing Act 1988; and there is a mortgage on the Property which, if not paid, may result in repossession under Ground 2 of the Housing Act 1988. If the Landlord wants to use either Ground, he will start the procedure by serving you with a Section 8 Housing Act 1988 notice. That notice is for two months and he cannot apply for a court hearing until after the two months have passed.
The Tenant is asked to keep the Landlord informed of whether they intend to leave at the end of the fixed term or renew the tenancy.
2.4 The Tenant may end this Agreement by giving the Landlord at least one months’ notice in writing that he will give up possession of the Property on a date specified in the notice. The notice cannot expire before the end of the Expiry of this Agreement and must expire on the last day of a rental period and must be sent by first class recorded delivery or handed to the Landlord.
2.5 If the Tenant stays beyond the end of the fixed term, and you have not already received from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly tenancy. If you give up possession on a date earlier than the date specified in the notice, the tenancy will end on the date specified in the notice.
2.6 Leaving Early – Only with the Landlord’s or his agent’s prior consent and subject to certain conditions that may include paying the Landlord’s reasonable costs associated with re-letting the premises and paying the Rent until a new tenant moves in, the Tenant may be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.
2.7 If the Tenant is the sole Agreement holder and they die, this Agreement ends one month after his death or, if earlier, when the Landlord is given notice of the Tenant’s death by authorized persons.
3 WHEN THIS AGREEMENT ENDS
This section describes the particulars of the procedure and obligations of the Tenant and Landlord when the tenancy ends
3.1 The Tenant must give the Landlord vacant possession of the Property. The property and contents should be handed back in the same condition as they were at the beginning of the tenancy (subject to fair wear and tear). If carpets are soiled upon leaving, they must be professionally cleaned and ready for another tenant to move in. Return any furniture moved during the tenancy to its original position.
3.2 The Tenant must return all keys of the property (including any duplicated) on the agreed termination date or the end of the tenancy (whichever is sooner) otherwise you will be liable to pay for any reasonable charges incurred securing the property against re-entry.
3.3 The Tenant must allow the Landlord to put up a ‘For Sale’ or ‘To Let’ board on the Property and grant access to the Landlord or their Agent to view the property, accompanying a prospective tenant or purchaser of the property.
3.4 When items are left at the premises, the Tenant will be responsible for meeting all reasonable removal and/or storage charges. The Landlord will remove and store them for a maximum of one month. The Landlord will notify the Tenant at the last known address. If the items are not collected within one month, the Landlord may dispose of the items and the Tenant will be liable for the reasonable costs of disposal. The costs may be deducted from any sale proceeds or the Deposit and if there are any costs remaining, they will remain the Tenant’s liability. The Tenant agrees to pay the Landlord for any damages in having to pay a third party whose possessions he disposes of in accordance with this clause.
3.5 The Landlord will return any Deposit to the Tenant in accordance with section 2 of this Agreement.
3.6 The Tenant agrees: that the Landlord can forward details about how the Tenant has conducted this tenancy to any prospective future Landlord, and to other agents, Landlords, and bad Tenant databases if they have conducted the tenancy in an unsatisfactory manner; the Landlord can pass details he has about the Tenant to any creditor of the Tenant who may make an enquiry about him.
3.8 Service of Notice
(i) Any notice served by the Tenant shall be deemed served on the Landlord at the following address using normal hand delivery when the notice will if served before 5pm be deemed served on the next working day or by first class post when the notice will be deemed served two working days later. A working day does not include a Saturday, Sunday or Bank Holiday.
In accordance with section 48 of the Landlord and Tenant Act 1987 the Landlord’s address for the serving of notices upon the Landlord in England and Wales is:
59 St Kingsmark Avenue
(ii) Any notice served by the Landlord or the Landlord’s Agent on behalf of the Landlord shall be deemed served on the Tenant at
the Property address or the last known address of the Tenant using normal hand delivery when the notice will if served before 5pm be deemed served on the next working day or by first class post when the notice will be deemed served two working days later. A working day does not include a Saturday, Sunday or Bank Holiday
4 GUARANTOR WARRANTY IMPORTANT NOTICE
This guarantor agreement creates a binding legal contract. If you do not fully understand the nature of the agreement, then it is
recommended that you take independent legal advice before signing.
for Residential Lettings
• This agreement is for use with the letting of residential property and their associated tenancies. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant.
Practitioners are advised to read the guidance notes that accompany this agreement.
• It is essential that a copy of the proposed tenancy agreement is attached to the Guarantor Agreement and that the Guarantor is given adequate opportunity to read both documents before signing.
• If the guarantor is not able to be present, in person, to sign the guarantee it is recommended that the guarantee is signed at least seven days before the tenancy is due to start.
THIS AGREEMENT is made BETWEEN the Guarantor and the Landlord.
Address: c/o Kingsmark Properties, 59 St Kingsmark Avenue, Danes, Chepstow, NP165LY
Property: The dwelling house known as: ___________________________________________________________________________________________________________________________________________________________________________________________________________________
Proposed Tenancy Commencement Date: __________________________________
1. The Landlord agrees to let the Property to the Tenant(s). In consideration of this, the Guarantor agrees to act for the Tenant(s) should he/they fail, for any reason, to meet the financial commitments arising from the Tenancy Agreement entered
into in respect of the Property.
2. This Guarantor Agreement refers to the current tenancy being undertaken and any extension or renewal of that tenancy. All references to the Landlord herein shall be deemed to include the Landlord’s Agent or any person authorised to act on the
3. The Guarantor undertakes to pay to the Landlord from the date of this Agreement from time to time the Rent within 10 days of receipt of a written demand from the Landlord or his Agent addressed to the Guarantor if the Tenant following demand has
not paid the amount being demanded when it was due under the Tenancy Agreement.
4. The Guarantor shall pay and make good to the Landlord on demand all reasonable losses and expenses of the Landlord incurred as a result of default by the Tenant in the performance or observance of the Tenant’s covenants under the Tenancy
Agreement. Any failure of the Landlord in demanding or collecting the Rent when it falls due, and any time to pay which may be given to the Tenant by the Landlord shall not release the Guarantor or in any way affect the liability of the Guarantor under
this agreement. Should the Guarantor die during the currency of this agreement, the Guarantor’s estate will be liable as surety and co-principal debtor.
5. Where the Rent, or any portion of it, is paid by housing benefit or other benefit scheme, the Guarantor agrees to pay the Landlord or Agent for the amount of any claims arising from overpayment, which may be made by the local authority in
relation to the specified Tenant(s). Such overpayments may occur at any time, either during the tenancy or within six years
6. If the tenancy is for a fixed term, then this guarantee applies for the whole of the term and is not revocable during that term.
7. If the tenancy is periodic or has become periodic by agreement or the operation of law, then this guarantee may be
terminated by written notice by the Guarantor subject to the Tenant vacating at the earliest legally permissible date required
for possession. If the Tenant fails to vacate on this earliest date, then the guarantee shall continue until the Tenant vacates.
8. It is agreed that there shall be no right to cancel this Agreement once the tenancy has begun and the Consumer Protection
SIGNED by GUARANTOR:
SIGNED by WITNESS:
SIGNED by the Landlord / Agent:
Kingsmark Properties (Agent for Landlord)
59 St Kingsmark Avenue
The Landlord gives the Tenant notice that he may increase the rent under this agreement at any time after the initial fixed term of the tenancy by giving not less than 30 days’ notice in writing prior to rent payment day specifying the new rent. The Tenant will pay the new rent on and from that payment.
6 EQUAL OPPORTUNITIES POLICY RENT
Kingsmark Properties will provide equality of opportunity and fair treatment for all. Our mission is, “To promote equality and social justice in housing in Wales, to promote equality and diversity in housing, leading to the reductions of prejudice and disadvantage, as well as changing lives for the better”.
This includes: everyone who uses, or wishes to use, Kingsmark Properties services including tenants and Landlords; members of the public, tradespeople; everyone who works for us, or who applies to work for us. Kingsmark Properties supports housing providers and services to recognize, respect and respond appropriately to the diversity of housing needs and characteristics of people living in Wales, including those who are vulnerable and marginalized.
Kingsmark Properties is committed to ensuring that everyone is treated fairly, has equal access to services and is not discriminated against, harassed or victimized in relation the following protected characteristics identified under the Equality Act 2010:
This refers to an individual of a specific age (e.g. 32) or an age range (e.g. 18 – 30).
In the legislation, persons are defined as having a disability if they have a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.
This refers to the process of changing from one gender to the other (change from male to female or female to male) and comes under the equality aspect described as gender identity.
Marriage and Civil Partnerships
Marriage is defined as a formal union between a man and a woman or two people of the same sex. Same-sex couples can additionally have their relationships legally recognized as ‘civil partnerships’.. Civil partners must be treated in the same way as married couples in a wide range of legal matters.
Pregnancy and Maternity
Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period following birth and is associated with maternity leave in the employment contract. In a context apart from work, women are protected from being discriminated against based on maternity for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.
In legislation, this refers to a group of people defined according to their race, colour, nationality (including citizenship), or their ethnic or national origin.
Religion and Belief
Religion retains its usual meaning, but belief includes religious and philosophical creeds (e.g. Atheism). Generally, a belief should influence your life choices or the way you live for it to be included in the definition. People with no religious belief are also protected,
This refers to a man or a woman.
This refers to a person’s sexual attraction – are they attracted by people of the same sex, the opposite sex or people of both sexes. Although it is defined in legislation as a person’s sexual attraction, sexual orientation is a combination of emotional, romantic, sexual or affectionate attraction towards another person.
Discrimination is defined in several ways. It may be deliberate or unconscious. It may occur on an individual level (person to person) or on an institutional level.
The Equality Act (2010) expects that all staff and contractors of Kingsmark Properties are aware of and understand the different ways in which discrimination can happen.
Treating an individual less fairly/worse than another individual because of a protected characteristic.
e.g. – Refusing someone housing advice because of their sexual orientation.
This happens when a service provider or employer sets out a rule, policy or way of doing things which is relevant to all but has a worse effect on someone with a protected characteristic than on someone without such a characteristic, when this cannot be objectively justified.
e.g. A letting agency has a policy of reminding service users of coming appointments by phoning them. This puts deaf people who cannot use a phone at a disadvantage, since they will not be reminded of the appointment.
This happens when an individual behaves in an unpleasant manner which transgresses someone else’s dignity, or is aggressive, degrading, insulting or humiliating towards someone with a protected characteristic. It may be of a sexual nature.
e.g. – A customer in reception happens to hear a staff member making racist remarks. This is an example of harassment since it creates a threatening and degrading atmosphere which humiliates the customer and affronts his/her dignity.
Treating someone unfavourably because they have taken (or possibly intend to take) steps under the 2010 Equality Act or is supporting someone who is taking steps.
e.g. – A manager who refuses to consider someone for promotion because that individual has given evidence on behalf of a colleague who made a complaint about unlawful sexual discrimination.
Discrimination by Perception
People are protected against someone (wrongly) perceiving that they have one of the protected characteristics and discriminating against them and treating them less favourably/worse because of this.
Discrimination by Association
People are protected against someone discriminating against them because of their association with someone who has a protected characteristic. This includes the parent of a disabled child or adult or someone else who is a carer for a disabled person.
Discrimination based on matters arising from a disability
Treating a disabled individual unfavourably because of something associated with the disability when this cannot be justified.
8 Changes to Data Protection Law Data Protection Act 1998
It is agreed that personal information of both the Landlord and the Tenant will be retained by the Agent and may be used for
marketing purposes during the Tenancy; that present and future addresses and other contact details of the parties may be
provided to each other, to utility suppliers, the local authority, authorised contractors, any credit agencies, reference agencies,
legal advisers, debt collectors, or any other interested third party. Please email email@example.com within
24 hours of receiving the keys to your new home if you wish to opt out. Please specify in the subject line ‘OPT OUT’
Please take the time to read and give your consent on the following information: –
The ‘General Data Protection Regulation’ (GDPR) will alter how we can use and process your personal data and keep it safe. The GDPR is like the Data Protection Act (DPA) 1998, but strengthens many of the principles, including stronger rights for individuals
regarding their own data.
What does this mean for me?
The point of this is to make sure that sensitive or private information about yourselves and your property stays safe.
Whilst it is similar to the current Data Protection Act in many ways, there are a few differences, so we need to make a few changes in order to ensure we continue to remain compliant.
One of these changes is that we have updated our privacy notices. You will find these on our website www.kingsmarkpoperties.co.uk as well as a copy of our Data Protection Policy.
As part of our work to comply with the GDPR, we are also seeking consent for using photographs of your property in the following ways: on our websites, on internal displays or other marketing materials, local publications such as newspapers. Your personal information held on file will never be given to a third party.
Data Protection Notice
The data collected will be stored on file. Paper copy’s will be
retained until a period of 5 years, personal information and photographs will not be passed to a third party.
Kingsmark Properties is required by Data Protection law, to be registered as a ‘Data Controller’ with the Information
Commissioner’s Office (ICO) in order to process and store information. Kingsmark Properties aims to ensure that all personal
information collected about Landlords, Tenants, Vendors and Purchasers, contractual tradesmen and any other individuals (including those that
provide contractual services to the Agency), is collected, stored and processed in accordance with the General Data Protection Regulation (GDPR) and the expected provision of the Data Protection Act 2018 (DPA 2018) as set out in the
Data Protection Bill.
Under the Data Protection law, individuals have the right to be informed about how the personal information is held about them. We comply with this right by providing ‘privacy notices’ (sometimes called ‘fair
processing notices’) to individuals whose personal data we are processing and/or storing. This notice is intended to
ensure that personal information is dealt with correctly and securely and in accordance with the General Data
Protection Regulation (GDPR) and the expected provision of the Data Protection Act 2018 (DPA 2018) as well as all other
related legislation. It will apply to all information regardless of the way it is collected, used, recorded, stored and
destroyed and irrespective of whether it is held in paper files or electronically. All staff involved with the collection,
processing and disclosure of personal information will be aware of their duties and responsibilities by adhering to these
If you have any questions about how the GDPR affects you.
If you have any concerns or do not wish to have your information kept on file, you can
contact me either by phone: 07795103686 by email: firstname.lastname@example.org
The jurisdiction of the courts in England and Wales apply to this Agreement
AS WITNESSED THE HANDS OF THE PARTIES HERETO THE DAY AND YEAR FIRST ABOVE WRITTEN