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ASSURED SHORTHOLD TENANCY AGREEMENT
6 Tangmere, Sidmouth Street,
London, WC1H 8JJ
Mr Chandru Dissanayeke
Ms Shirley Mihailova, Mr Bogdan Sorinca, Ms Iva Popova, Mr Matic Kristan, Miss Wei Ping Young
The main terms of the Tenancy
Definitions and interpretations
The D eposit
Ending this A greement
� THIS AGREEMENT is made on 16th June 2017
The Parties to this Agreement and the Property
THIS AGREEMENT IS MADE BETWEEN
A. Mr Chandru Dissanayeke ( “the Landlord”)
of 66 Latymer Way, London, N9 9UA
B . Ms Shirley Mihailova, Mr Bogdan Sorinca, Ms Iva Popova, Mr Matic Kristan, Miss Wei Ping Young (“the Tenant”)
of Flat 212, 15 - 23 St Pancras Way, London, NW1 0PT
AND IS MADE IN RELATION TO THE PROPERTY AT:
6 Tangmere, Sidmouth Street, London, WC1H 8JJ (“the Property”)
The Main Terms of the Tenancy
The Landlord lets to the Tenant the Property situated at and known as 6 Tangmere, Sidmouth Street, London, WC1H 8JJ together with the Fixtures and Fittings in and on the Property including all matters detailed in the Inventory and Schedule of Condition signed by the parties at the start of the Tenancy.
CONTENTS: The P roperty shall be let furnished
TERM: The Landlord lets to the Tenant the Property for a period of one year ("the Term") from and including 25th September 2017 to and including 24th September 2018 (“the Fixed Term”).
The Tenant shall pay L 850.00 per week being L 3,683.33 payable monthly in advance (" the Rent") for the duration of the Tenancy subject to increases agreed on any renewals of the Term .
DEPOSIT: The Tenant will pay to the Agent when signing this Agreement L5,100.00 as a Deposit. At the end of the Tenancy the Deposit will be returned subjec t to the possible deductions set out in clause 17 of this Agreement.
PAYABLE: L 8,783.33 (being the first Rent instalment together with the Deposit) to be paid by cleared funds on the signing of the Agreement and thereafter L 3,683.33 payable on the 25th da y of every month in advance without any deductions, by standing order to Foxtons Lt d Client Account No: 53147126, Barclays Bank, Churchill Place, Sort Code: 20 - 00 - 00.
Standing orders must be set up to ensure that payments are received by the date stated above.
� TYPE OF This Agreement is intended to create an Assured Shorthold Tenancy as defined by section TENANCY 19A of the Housing Act 1988 (as amended) and will take effect subject to the provisions for the recovery of possession set out in section 2 1 of that Act.
Definitions and Interpretation
“Landlord(s)” includes anyone owning an int erest in the Property, whether F reehold or L easehold, entitling them to possession of it upon the termination or expiry of the Tenancy and anyone who later owns the P roperty.
“Tenant” includes anyone entitled to possession of the Property under this Agreement. Where more than one person comprise the Tenant, they will each be responsible for complying with the Tenant’s obligations under this Agreement both individually and together. The Landlord may seek to enforce these obligations and claim damages against any one or more of those individuals.
“ Agent ” is Foxtons Ltd, Building One, Chiswick Park, 566 Chiswick High Road, London W4 5BE.
“Property” includes any part or parts of the building , boundaries , fences , garden and outbuildings belonging to the Landlord unless they have been specifically excluded from the Tenancy. When the Property is part of a larger building the Property includes the use of common access ways and facilities.
“Fixtures and Fittings” include references to any of the fixtures, fittings, furnishings, or contents, floor, ceiling or wall coverings in or on the Property.
“Inventory and Schedule of Condition” is the record of Fixtures and Fittings in the Property drawn up prior to the commencement of the Tenancy by the Landlord or Inventory Clerk which will be given to the Tenant at the start of the Tenancy after the check - in report has been prepared.
“Tenancy” means the entire period the Tenant remains in the P roperty includ ing any extension or continuation of the contractual Tenancy or any statutory periodic Tenancy arising after the expiry of the original Fixed Term.
“Break Clause” is a clause in the Tenancy agreement which enable either the Landlord or Tenant (or both) to end the Tenancy early.
"Deposit" is the money held by the Landlord's Agent as Stakeholder during the Tenancy in case the Tenant should fail to comply with the T erms of this Agreement.
"Emergency" means where the re is a risk to life or damage to the fabric of the Property or Fixtures and Fittings contained in the Property.
“Water charges” include references to water sewerage and environmental service charges.
“Superior Landlord” means the person for the time be ing who owns the interest in the Property which gives him the right to possession of the Property at the end of the Landlord’s L ease of the Property.
"Head Lease" sets out the obligations your Landlord has to his Superior Landlord.
References to the singular include the plural and references to the masculine include the feminine.
� The Tenant and Landlord agree that the laws of England and Wales shall apply to this Agreement.
The Tenant agrees:
1 General 1.1 To be responsible and liable for all the obligations under this Agreement as joint and several Tenants if applicable, which means they will each be responsible for complying with the Tenant’s obligations under this Agreement both individually and together.
1.2 To take reasonable care n ot to permit or allow any L icensee or visitor to do or not to do anything that breaches the obligations of the Tenant under this Agreement.
1.3 Not to withhold the payment of any instalment of Rent or any other monies payable under this Agreement on the ground that the Landlord (or his Agent) holds the Deposit or any part of it.
2 Rent and Other Charges 2.1 To pay the Rent at the time and in the manner specified.
2.2 To pay interest on any payment of Rent not made as set out on page 1 of this Agreement. Interest shall be payable from the date on which the Rent was due until the date on which the Rent is actually paid. The interest rate will be 4% above t he Base Rate of t he Bank of England .
2.3 To transfer the account and pay the Council Tax or any tax which may be substituted thereafter due in respect of individuals at the Property direct to the relevant local rating authority.
2.4 To pay all charges falling due for the following services used during the Tenancy and to pay a proportion of any standing charge for those services as reflects the period of time that this Agreement was in force:
. t elecommunications
. gas; . water (including sewerage and other environme ntal services); . electricity; . any other fuel charges; . council tax; . TV licence;
2.5 To pay to the Landlord, or Agent, all reasonable costs and expenses incurred by the Landlord in:
. recovering or attempting to recover any Rent or other monies in arrears . . the enforcement of any reasonable obligation of the Tenant under this Agreement . . the service of any Notice relating to any breach of this Agreement whether or not court proceedings are brought.
2.6 To pay any reasonable charges or other costs incurred by the Land lord or Agent if any cheque provided by the Tenant is dishonoured or if any Standing Order is withdrawn.
2.7 To repay to the Landlord and to compensate him for any council tax or substituted property tax paid to the local authority for the period of the Tenancy.
� 2.8 To pay the rental service maintenance and all call out charges in respect of the burglar alarm if one is provided by the Landlord.
3 Utilities 3.1 To notify the suppliers of gas, water (including sewerage and other environmental services), electricit y, any other fuel charges and telephone services to the Property that this Tenancy has started and to transfer the accounts for these services into the name(s) of the Tenant.
3.2 To inform the utility suppliers of the meter readings taken at the time of the c heck - in of the Inventory and Schedule of Condition.
3.3 Not to tamper, interfere with, alter, or add to, the installations or meters relating to the supply of such services to the Property. This includes the installation of any pre - payment meter.
3.4 Not to cha n ge the telephone number at the P roperty.
3.5 Not to apply to British Telecom or other telecom providers on the termination of this A greement for the transfer of the telephone number to any other Property or for the disconnection of the service.
3.6 To pay to the Landlord all costs incurred in the re - connection of any service following disconnection of the service whether caused by the Tenant’s failure to comply with clause 3.1 or by anything done or not done (i.e . by either negligent act or omission) by the Te nant.
3.7 To arrange for the reading of the gas, electricity and water meters, if applicable, at the termination of the Tenancy and to supply these readings to the utility suppliers.
3.8 At the termination or sooner ending of the Tenancy to give the forwarding address of the Tenant to the utility suppliers and to the local authority or if this is not done to permit the Landlord or the Agent to do the same.
4 The Condition of the Property: Repair, Maintenance and Cleaning 4.1 To keep the interior of the Property and t he Fixtures and Fittings in the same decorative order and condition throughout the Fixed Term as at the start of the Tenancy, as noted in the Inventory and Schedule of Condition, and to make good or repair or replace with articles of similar kind and of eq ual value such of the furniture and effects as shall be destroyed , lost , broken and damaged. The Tenant is not responsible for the following:
. fair wear and tear; . any damage caused by fire unless that damage was caused by something done or not done (i.e . b y either negligent act or omission) by the Tenant or any other person residing, sleeping in or visiting the Property; . repairs for which the Landlord has responsibility (these are set out in paragraph 18.4 of this Agreement); . damage covered by the Landlord' s insurance policy.
4.2 To inform the Landlord or the Agent as soon as reasonably practicable of any repairs or other matters falling within the Landlord’s obligations to repair the Property or the Fixtures and Fittings as set out in Paragraph 18.4 of this Ag reement.
4.3 To use the Property in a proper and Tenant - like manner and in particular ensure that the Property is in a tidy and presentable state during the last two months of the A greement when the Property is available to be viewed by prospective Tenants o r purchasers.
� 4.4 To pay for the professional cleaning of the Property at the end of the Tenancy, to the same specification to which the Property and Fixtures and Fittings were cleaned prior to the start of the Tenancy, as stated in the Inventory and Schedule of Condition.
4.5 To clean or pay for the cleaning of the inside and outside of the windows and any blinds fitted in the Property as often as necessary during the Tenancy and within one month before the end of the Tenancy.
4.6 To clean or pay for the cleaning of any working chimneys in the P roperty annually, or at the end of the Tenancy, provided the F ixed Term is a minimum of one year.
4.7 To keep all smoke and carbon monoxide alarms (if applicable) in the same good working order as at the start of the Tenancy, b y replacing batteries where necessary.
4.8 To replace promptly, as soon as the breakage comes to the attention of the Tenant, all broken glass with the same quality glass.
4.9 To take all reasonable precautions to prevent damage occurring to any pipes or other i nstallation in the Property that may be caused by frost, provided the pipes and other installations were adequately insulated at the start of the Tenancy.
4.10 To replace all electric light bulbs, fluorescent tubes and fuses where necessary.
4.11 To take reasonabl e precautions not to overload the electric circuits at the Property.
4.12 To ensure that any electrical appliances, extension cables or adaptors belonging to the Tenant are in a safe condition.
4.13 To take all reasonable precautions to prevent condensation by kee ping the Property adequately ventilated and heated.
4.14 To keep all air vents , extractor fans and ventilation ducts clean and free from obstruction.
4.15 To pay for the reasonable costs of repair to the Property or the Fixtures and Fittings caused by any failure of the Tenant, his family, or his visitors, to comply with the obligations set out in this section of the Agreement, with the exception of fair wear and tear and insured risks.
4.16 To elect whether to carry out repairs or other works required under this secti on of the Agreement within one month, unless a shorter period is justified; or whether to authorise the Landlord or the Agent to carry out the work at the Tenant’s expense.
4.17 To allow the Landlord or the Agent to enter the Property, with workmen, upon giving to the Tenant at least 24 hours’ notice, to carry out repairs or other works required under clause 4.15 when the Tenant has failed to comply with his obligations under the above clause.
5 Use of the Property 5.1 To use the Property for the purpose of a private residence only in the occupation of the Tenant and his immediate family.
� 5.2 Not to register a company at the address of the Property.
5.3 Not to run a business from the Property.
5.4 Not to use the Property for any illegal purpose.
5.5 Not to hold or allow any sale by auction at the Property.
5.6 Not to use or consume or allow to b e used or consumed any drug or any other substance which is, or becomes, prohibited or restricted by law other than in accordance with any conditions required for the legal use of such restricted substances.
5.7 Not to play or permit to be played so as to be audible outside the Property any musical instrument or equipment before ten o’clock a.m. or after eleven o’clock p.m., or at any time to act in any way which causes annoyance or nuisance to neighbours or other occupants of the building of which the Propert y forms part.
5.8 Not to decorate or make any alterations or additions to or in the Property without the prior written consent of the Landlord or the Agent.
5.9 Not to remove the Fixtures and Fittings from the Property.
5.10 Not to store the Fixtures and Fittings in any way or place, within, or outside the Property that may reasonably lead to damage to the items or to the items deteriorating more quickly than if they had remained in the Property, without the written consent of the Landlord or the Agent.
5.11 Not to pla ce or erect any aerial, satellite dish, notice, cable equipment, advertisement, sign or board on or in the Property without the prior written consent of the Landlord or the Agent.
5.12 To pay all the costs of installation, removal and repair of any damage done as a result of a breach of clause 5.11 above.
5.13 Not to hang or fix any posters , pictures or other items to the walls of the Property using nails, glue , blu - tac, sellotape or their equivalents, other than with a reasonable number of commercial picture hooks.
5.14 To pay the reasonable costs of making good any excessive damage marks or holes caused by any fixings or their removal.
5.15 To hang laundry outside the Property only in places permitted for this purpose.
5.16 Not to keep any dangerous or inflammable materials (including paraffin, LPG or portable gas heaters) in or on the Property.
5.17 To take reasonable precautions to prevent infestation of the Property by v ermin, or animal fleas. If infestation occurs due to something done or not done by the Tenant to pay the costs of removing the infestation and any fumigation and cleaning of the Property or any affected parts.
� 5.18 To remove all rubbish from the Property, during and at the end of the Tenancy, by placing it in a plastic bin liner and disposing of it in the dustbin or receptacle made available.
5.19 To dispose of all rubbish during and at the end of the Tenancy through the services provided by the l ocal a uthority .
5.20 To clear or pay for the clearance of any blockage or over - flow when any occur in any of the drains, gutters, down - pipes, sinks, toilets, or waste pipes at the Property, if the blockage is caused by the negligence of, or the misuse by the Tenant, his fam ily or any visitors or by any breach of this Agreement.
5.21 To take reasonable precautions not to put or allow any oil, grease, or other harmful or corrosive substance to be put into the washbasins, lavatory, basins, sinks, or drains within or outside the Pro perty.
5.22 To leave the furniture and effects at the expiration or sooner determination of the Tenancy in the rooms or places in which they were at the commencement of the Tenancy.
6 Insurance 6.1 Not to do, or fail to do anything, that leads to the policy of insurance on the Property, or Fixtures and Fittings not covering any losses otherwise covered by the policy.
6.2 To pay to the Landlord any reasonable increased insurance premium, policy excess or necessary expenses incurred by the Landlord due to the failure of the Tenant to comply with clause 6.1 of this Agreement.
6.3 To promptly inform the pol ice or other authority and the Landlord or Agent as soon as possible of any fire, theft, loss or damage to the Property or Fixtures and Fittings.
6.4 To provide the Landlord or his Agent with written details of any fire, theft, loss or damage, under clause 6.3 above, within a reasonable time of that loss or damage having come to the attention of the Tenant.
6.5 The Tenant's possessions are not covered by the Landlord's insurance policies. The Landlord suggests the Tenant considers insuring his own belongings with a reputable insurer.
7 Locks and Alarms 7.1 To fasten all locks and bolts on the doors and windows when the Property is empty and at night.
7.2 To set the burglar alarm (if applicable) when leaving the Property.
7.3 Not to change the burglar alarm code (if applicable) without the prior written consent of the Landlord or the Agent (such consent not to be unreasonably withheld).
7.4 To immediately provide the Landlord or the Agent with the new burglar alarm code if the code is changed.
7.5 Not to install or change any locks or bolts in the Property without the prior written consent of the Landlord, or the Agent, except in the case of an emergency.
� 7.6 Not t o remove a ny lock or bolt fitted to the Property without the consent of the Landlord or the Agent and pay for the reasonable costs of making good.
7.7 To immediately provide the Landlord or the Agent with a set of keys to any new lock fitted to the Property.
7.8 Not to have any further keys cut for the locks to the Property without notifying the Landlord or the Agent in writing of the number of additional keys cut.
7.9 To return to the Landlord, or the Agent, at the end of the Tenancy (whether before or after the Fixed Term of this Agreement) all keys, remote controls, or other security devices for the Property and in the event that any such keys are not returned to pay the costs incurred by the Landlord in replacing the locks to which the keys belonged.
7.10 To pay for the cost of replacement remote controls or other security devices that have been lost or not returned at the end of the Tenancy.
8 Garden (if applicable) 8.1 To keep the garden in the same condition and style as at the commencement of the Tenancy.
8.2 To keep all borders, flower beds , paths and patios free of weeds and in good order.
8.3 To cut the grass regularly during the growing season.
8.4 Not to lop, prune, remove or destroy any existing plants, trees or shrubs without the written consent of the Landlord or the Agent.
9 Leaving the Property Empty 9.1 To notify the Landlord or the Agent in writing before leaving the Property vacant for any period of 21 days or more during the Tenancy.
9.2 To comply with and pay for any conditions or requirements set out in the Landlord’s Policy o f Insurance relating t o the empty Property . This provision shall apply whether or not the Landlord has been or should have been notified of the absence under clause 9.1 of this Agreement.
9.3 To pay any reasonable costs to ensure the security of the Property and the Fixtures and Fittings when it is vacant or unoccupied.
10 Animals and Pets 10.1 Not to keep any animals or birds in the Property without the prio r written consent of the Landlord or the Agent.
1. 11 Access and Inspection 11.1 To permit any Superior Landlord, the Landlord or the Landlord’s Agent and all other persons authorised by the Landlord with or without workmen and others and with all necessary equipment at all reasonable times during the Tenancy with prior appointment (except in case of emergency) to enter upon the Property and to examine the condition of the same or to inspect, maintain, repair, alter, improve or rebuild the Property or any adj oining or neighbouring Property or to maintain repair or replace the Fixtures , Fittings and Effects or for the purpose of complying with any obligations imposed on the Landlord by law.
� 11.2 To allow the Property to be viewed at all reasonable times during norm al working hours (between 9am and 8pm) by prior mutually convenient appointment or on reasonable N otice either via the T enant or with keys, during the last two months of the Tenancy; following a request by any person who is (or is acting on behalf of) the Landlord or the Agent and who is accompanying a prospective purchaser or T enant of the Property.
11.3 To permit the Landlord or th e Landlord’s Agents to erect “For Sale”, “To Let”, “Sold”, “Let By” or “Let and Managed By” boards at their discretion.
12 Assignment 12.1 Not to assign, sublet, part with, or share the possession of all or part of the Property with any other person, save for tho se named as the Tenant in this Agreement or children under 18 years of age, without the prior consent of the Landlord or the Agent, which will not be unreasonably withheld.
12.2 Not to take in lodgers or paying guests, or permit any person other than the perso n(s) named as the Tenant in this Agreement and any children under 18 years of age to occupy or reside in the Property; apart from occasional visitors; without the prior consent of the Landlord or the Agent, which will not be unreasonably withheld .
12.3 Not to advertise the property on any internet - based marketing website whether for a consideration or otherwise; or other social media or messaging website or app at any time during the tenancy without the prior consent of the Landlord.
13 Car Parking and Storage 13.1 To park private vehicle(s) only at the Property. If the Tenant is allocated a car parking space, the Tenant will only park in the space allocated to the Property.
13.2 Not to park or store any boat, caravan, or commercial vehicle at the P roperty or in any commu nal car park or parking space without the prior consent of the Landlord or the Agent which will not be unreasonably withheld but which may be withdrawn upon giving reasonable N otice.
13.3 It is the T enant’s responsibility to verify whether they are eligible fo r any Residents’ Parking Scheme operated by the relevant local a uthority. The granting of this Tenancy does not imply a right to obtain a Resident’s Permit.
2. 14 Inventory and Checkout 14.1 To pay to the Landlord or Agent the reasonable cost of the checking of the Inventory at the end or sooner termination of the Tenancy.
14.2 To accept that the report of the Inventory Clerk will be prepared in the Tenant’s absence if the Tenant or his A gent does not attend the check - out.
14.3 To pay the Rent and other monies payable under this Agreement, when furniture or other items belonging to the Tenant are left in the P roperty, until they are removed from the Property.
14.4 To pay for the removal, disposal or storage (for a reasonable pe riod) of any items left in the P roperty belonging to the Tenant.
15 Head Lease 15.1 To comply with the obligations of the Head Lease.
� 16 Notices 16.1 To forward to the Landlord or the Agent at the address set out in paragraph 22.1 as soon as reasonably possible any N otice or other communication which is delivered or posted to the Property , or any order made by any authority which may affect, or apply to the Property, its boundaries or neighbouring properties.
T he Deposit
17 The following paragraphs set out how the D eposit paid b y the T enant under the main T erms of the Tenancy will be handled.
17.1 The Tenant shall pay on the signing of this Agreement a security Deposit as defined on page 1 of this Agreement to be held by Foxtons, Building One, Chiswick Park, 566 Chiswick High Road, L ondon W4 5BE as Stakeholder. Deposit monies paid to Foxtons in consideration of an Assured Shorthold Tenancy shall be registered within 30 days of monies being received with Tenancy Deposit Solutions Limited (TDSL) in accordance with the Housing Act 2004. Certification confirming the registered deposit shall be provided to the Tenant.
17.2 Upon receiving written A greement from the T enant at the end of the Tenancy, the Landlord is entitled to deduct from the sum held as the Deposit any monies referred to in clause 17.6 of this Agreement. If more than one deduction is to be made by the Landlord, monies will be deducted from the Deposit in t he order listed in clause 17.6 .
17.3 At the end of the Tenancy the Tenant shall request the return of the deposit. Within 10 days of this request the Landlord shall return to the Tenant any undisputed amount from the deposit. The Landlord must also inform the Tenant of an y proposed deductions.
17.4 At the end of the Tenancy upon written Agreement by both parties to any deductions made under clause 17.6 below, the Landlord's Agent will return the Deposit less agreed deductions in accordance with The Housing Act 2004. In the ca se of dispute, the disputed monies will be held on account until such time as the dispute is settled. The tenant must ensure that they comply with the time limits applicable to the deposit protection scheme under which the deposit has been protected .
17.5 If the amount of monies that the Landlord is entitled to deduct from the Deposit exceeds the amount held as the Deposit, the Landlord may require the Tenant to pay that additional sum to the Landlord, within 14 days of the Tenant receiving a request in writi ng.
17.6 The Landlord may deduct monies from the Deposit (as set out in paragraph 17.2 ) to compensate the Landlord for losses caused by any or all of the following reasons:
. any damage to the Property or Fixtures and Fittings caused by the Tenant, his family or his visitors; . any damage to the Property or the Fixtures and Fittings resulting from any breach of the Terms of this Agreement by the Tenant; . any p rofessional cleaning costs, provided the Property was in a good clean condition at the start of the Tenancy; . any damage caused or cleaning required as a result of any pet(s) occupying the Property (whether or not the Landlord consented to its presence as s et out in clause 10.1 ); . any instalment of the Rent which is due but remains unpaid at the end of the Tenancy;
� . any other breach by the Tenant of the Terms of this A greement; . any sum repayable by the Landlord to a local authority where housing benefits have been paid direct to the Landlord by the local authority; . any unpaid account or charges for the following: o telecommunications; o gas; o water (including sewerage and other environmental services); o electricity; o any other fuel charges; o council tax; o TV licence;
. any other monies due under this A greement.
17.7 The Tenant agrees to the transfer of the Deposit, or the balance of the Deposit, to the purchaser or transferee if the Landlord sells or transfers his interest in the Property. The Landlord shall then be released from any further claim or liability in respect of the Deposit, or any part of it.
17.8 Where the Tenant has been in receipt of housing benefit and if at any time su ch benefit has been paid direct to the Landlord by a local authority, the Landlord reserves the right to retain the Deposit until such time as the Landlord is reasonably satisfied that no part of such benefit is repayable to the local authority.
17.9 If at any time during the T enancy the amount held in respect of the Deposit is less than the sum stated on page 1 of this Agreement then the Landlord may require the Tenant to top up the Deposit to the originally agreed amount.
17.10 The Landlord shall not be obliged to refund the Deposit or any part of the Deposit during the Fixed T erm as a result of any change in the person or persons who are named as “the Tenant”.
17.11 Where there is more than one Tenant, the Landlord can discharge his obligation to repay the Deposit by m aking payment to one, some or all of the Tenants.
17.12 Should the Tenant notify the Landlord's Agent of a disputed portion of D eposit deductions, the value of monies in dispute must be transferred to the client account of the scheme provider within 10 days of notification or request by the scheme provider . The funds in dispute will be subsequently released either by mutual agreement between Landlord and Tenant, via court order or as a result of arbitration through the Alternative Dispute Resolution s ervice. S hould Landlord and Tenant use the Alternative Dispute Resolution s ervice both parties are bound by the subsequent ruling.
3. Landlord’s Obligations 18 The Landlord agrees:
18.1 To allow the Tenant to quietly live in and enjoy the Property during the Tenancy, excep t in an emergency, without any unlawful interruption (subject to the provisions of clause 11 above) by the L andlord or any person rightfully acting on behalf of the Landlord.
18.2 To obtain all necessary consents to enable the Landlord to enter this Agreement (whether from Superior Landlords, lenders, insurers, or others).
� 18.3 To insure the buildings, and the contents of the Property belonging to the Landlord, under a general household policy with a reputable insurer.
18.4 To keep in good repair and working order all appliances, plumbing, mechanical and electrical equipment belonging to the Landlord and forming part of the Fixtures and Fittings and to maintain the same in such condition at his own expense during the Fixed T e rm of the Tenancy, unless they have been damaged or broken due to the negligence or misuse of the Tenant, his family or visitors. The Tenant shall pay to the Landlord the cost of any repairs resulting from misuse or negligence by the Tenant, his family, o r his visitors. The Landlord will not be responsible for any loss or inconvenience suffered by the Tenant as a result of the failure of any other supply or service to the P roperty by any other party or body.
18.5 To ensure that all the furniture, soft furnish ings and equipment within the Property complies with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended in 1993.
18.6 To confirm that all gas appliances comply with the Gas Safety (Installation and Use) Regulations 1998.
18.7 To confirm that all electrical appliances comply with the Electrical Equipment (Safety) Regulations 1994, and the Plugs and Sockets etc. (Safety) Regulations 1994.
18.8 To comply with all the obligations imposed upon the Landlord by a Superior Landlord if the Property is hel d under a Superior Lease.
18.9 To take all reasonable steps to ensure that the Superior Landlord complies with the obligations of the Superior Lease.
18.10 To pay all outgoings for the Property apart from those specified as the obligations of the Tenant in this Agr eement.
18.11 To pay for the cost of checking the Inventory and Schedule of Condition at the start of the Tenancy.
18.12 To pay for the professional cleaning of the Property and the Fixtures and Fittings prior to the commencement of the Tenancy.
Ending this Agreeme nt
The Landlord and Tenant agree:
19 Ending the Tenancy and Forfeiture
The following clause details how the Landlord can regain possession of the Property if the Tenant breaches terms contained within this Agreement. The wording is required by the Housing Act 1988 (as amended) in order for the Landlord to rely on the various grounds for possession listed in Schedule 2 of that Act. For the avoidance of the doubt this clause does not affect any rights of the Tenant under the Protection from Eviction Act 1977 and therefore the Landlord cannot evict the Tenant or re - enter the Property without first carrying out the correct possession procedures through the courts and obtaining a court order.
19.1 If at any time:
� (a) the Rent, or any part of it remains unpaid for 14 d ays after falling due, whether formally demanded or not; or
(b) if any agreement or obligation of the Tenant is not complied with; or
(c) if any of the grounds set out in Schedule 2 of the Housing Act 1988 (as amended) being grounds 1, 2, 8, 10, 11, 12, 13, 14, 15 or 17 are made out; or
(d) In the event that the landlord has been the owner - occupier of the Property and or the Property is subject to a mortgage the Landlord hereby gives and the Tenant acknowledges receipt of Notice that:
(i) the Landlord has been the owner - occupier of the Property within the meaning of Ground 1 of Schedule 2 of the Housing Act 1988 a nd possession of the Property may be recovered by the Landlord under the said Ground 1 and
(ii) the Property is subject to a mortgage within the meaning of Ground 2 of Schedule 2 of the Housing Act 1988 and possession of the Property may be recovered by the mortgagee under the said Ground 2.
(e) if the Tenant being an individual shall become bankrupt or enter into any arrangement with his creditors or being a company should either enter into liquidation whether compulsory or voluntary or should have a receiver appointed of its undertakings or assets or in any case should suffer any execution to be levi ed on the Tenant’s goods; or
(f) if the Property shall be left unoccupied for more than 21 days;
then it shall be lawful for the Landlord at any time thereafter to re
- enter upon and take possession of the Property and immediately thereupon the tenancy he reby created shall be determined and the Landlord may give written Notice to the Tenant that the Landlord seeks possession of the Property through the Courts. This clause does not prejudice any other rights that the Landlord may have in respect of the Tena nt’s obligations under this Agreement.
� 19.2 Early Termination Costs
19.2.1 If the Tenant vacates the Property prior to the end of the Fixed Term (or break clause if applicable), the Tenant will remain liable to pay Rent until the Fixed Term expires or the Property is re - let whichever is earlier.
Example: if you rent a Property for L1950pcm and wish to leave the Property with 6 months remaining on the Fixed Term and it takes 2 months to find a new Tenant you would be liable for 2 months additional rent i.e. 2 x L1950.00 = L3900.00.
19.2.2 And if the new Tenancy is for a lesser Rent, t he Tenant will remain liable to pay an amount equal to the difference between the original Rent and new lower rental figure up to the end of the original Fixed Term.
Example: If you rent a Property for L1950.00 pcm and wish to leave the Property with 6 mo nths remaining on the Fixed Term and the Property is re - let at L1940.00 per month you would be responsible for paying L1950 - L1940 x 6 = L60 until the end of the Fixed Term.
19.2.3 Should the Property be re - let during the Fixed Term, the Tenant will also be responsible for the repayment of any pro - rata commission fees that have been or will be incurred by the Landlord for the unexpired portion of the Tenancy (where Foxtons is the Let ting Agent, this fee is calculated at 13.2% inc VAT (11% + VAT), or of the Rent for the Fixed Term of the Tenancy).
Example: if you rent a Property for L1950.00 pcm and wish to leave the Property with 6 months remaining on the Fixed Term and it takes 2 m onths to find a new Tenant you would be liable for 2 months additional rent plus 4 months commission, calculated as follow (L1950.00 x 2 = L3900.00) + (L 1 950.00 x 13.2% x 4 = L1029.60) = L4929.60. If the Property is re - let at a lesser rent e.g. L1940 pcm y ou would be responsible for paying the difference of L10 pcm x 4 = L40 as well, therefore in this example the total owing would be L4969.60.
19.2.4 The Tenant is also responsible for any other reasonable costs (e.g. telephone lines, satellite television contra cts, TV licences, cleaning, admin fees etc) incurred from that point until the end of the Fixed Term. For the avoidance of doubt this clause shall not take effect where the Tenant is operating a break clause contained in this Agreement.
19.3 Either party shall have the right to terminate this Agreement by giving the other party not less than two months’ advance written Notice. In the case of the Tenant such Notice will only be effective if sent by recorded delivery to Tenancy Terminations, Fo xtons Ltd, Building One, Chiswick Park, 566 Chiswick High Road, London W4 5BE or alternatively via email to email@example.com. This Notice may not expire before the end of the first nine months of the Tenancy.
20 Interruptions to the Tenancy 20.1 If the Property is destroyed or made uninhabitable by fire or any other risk against which the Landlord’s Policy of Insurance has insured, Rent shall cease to be payable until the Property is reinstated and rendered habitable unless the insurance monies are not recoverable (whether in whole or in part) because of anything done or not done by the Tenant or his visitors.
� 20.2 If the Property is not made habitable within one month, either party may terminate this Agreement with immediate effect, by giving written N otice to the other party.
21 Data Protection Act 1998 21.1 It is agreed that the personal information of both the Landlord and the Tenant will be retained by the Agent in accordance with the above Act; that present and future contact details of the parties ma y be provided to each other, utility suppliers, the local authority, any credit or reference providers and for debt collection.
22 Notices 22.1 The Landlord notifies the Tenant (in accordance with sections 47 and 48 of the Landlord and Tenant Act 1987) that the address at which N otices (including N otices in proceedings) or other written requests may be sent or served on the Landlord is: 66 Latymer Way, London, N9 9UA .
22.2 Any Notices served on the Tenant shall be sufficiently served if sent by ordinary First Class post or by Recorded Delivery or by Special Delivery to the Tenant at the Property or the last known address of the Tenant, or if left addressed to the Tenant at the Property , and shall be deemed delivered as follows:
. in the case of ordinary First Class post, two working days after posting; or . in the case of Recorded Delivery, two wor king days after posting; or . in the case of Special Delivery, one working day after posting; or . when left addressed to the Tenant at the Property , the same day .
22.3 Section 21 of the Estate Agents Act is not applicable in this Tenancy.
23 Smoking 23.1 The Tenant agrees that neither he/she nor any of his/her guests will smoke inside the Property during the Tenancy. Any damage caused from smoking in breach of this clause shall be made good at the end of the Tenancy at the expense of the Tenant.
� You should read this document carefully and thoroughly. Once signed and dated this Agreement will be legally binding and may be enforced by a court. Make sure that it does not contain Terms that you do not agree with and that it does contain everything you want to form part of the Agreement.
If you are in any doubt about the content or effect of this Agreement, we recommend that you seek independent l egal advice before signing.