John and Penny Morgan
Kingstone Court
Church Lane, Kingston
Canterbury
Kent CT4 6HY

Tel: 01227 831047
Mobile: 07885 328888

E: john.morgan45@virgin.net


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TENANCY AGREEMENT for 5 Bedroom Gold House

for letting furnished dwelling house on an assured short hold tenancy under Part 1 of the Housing Act 1988.

DATE

PARTIES 1. THE LANDLORD John & Penny Morgan

Kingstone Court

Church Lane

Kingston

Canterbury

Kent CT4 6HY phone 01227 - 831 047

2. THE TENANT

PROPERTY The dwelling house at

Together with the Fixtures, Furniture and Effects therein.

TERM A fixed term of twelve months from 19 June 2010 to 18 June 2011

RENT for the whole house: £xxxxx per calendar month for the first month and £xxxxx per calendar month for the following eleven months, per the attached rent schedule. Rent has been stated at half the normal rate for the first month on the basis that the house is unoccupied during that period. If at any time during the first month of the lease the house is occupied by an individual tenant then that tenant will need to make up the difference for his/her room between half rent and full rent for the period that he/she is residing in the house. Keys will be available to tenants at the end of the first month of the lease however they are free to leave their belongings in the house during the first month of the lease without incurring full rent.

PAYABLE in advance by QUARTERLY payments as set out below:

20 June, 2010

£xxxxxxx

20 September, 2010

£xxxxxxx

20 December, 2010

£xxxxxxx

20 March , 2011

£xxxxxxx

The rent can be paid individually by each Tenant in QUARTERLY payments providing the total quarterly rent amounts to that set out in the table above. Application can be made by e-mail by individual tenants to the landlord to pay the last three quarters in line with anticipated receipt of quarterly student loans or to pay monthly in advance for the term of the lease, or to pay monthly in advance for the first three months of the lease and then pay the last three quarters in line with anticipated receipt of quarterly student loans.

FIRST PAYMENT to be made on the twentieth day of June, 2010.

Note: Rent is payable by standing order. Any other method of payment may attract an administration fee of up to £10.00 per payment. Details for standing order arrangements will be supplied by the Landlord to the Tenant. Rent payments from individual tenants that are more than one week in arrears may be subject to an interest charge equivalent to the current Nat West Bank Visa Gold Card interest card rate for the period the rent is overdue.

1. THE Landlord lets the Property to the Tenant for the Term at the Rent payable as set out above.

2. THIS agreement creates an assured short hold tenancy within Part I Chapter II of the Housing Act 1988. This means that when the term expires the Landlord can recover possession as set out in Section 21 of that Act unless the Landlord gives the Tenant a notice under paragraph 2 of Schedule 2A of that Act.

3. IF the Property burns down or the Tenant cannot live in it because of fire damage, the Rent will cease to be payable until the Property is rebuilt or repaired so that the Tenant can live there again. Any dispute about whether this clause applies must be submitted to arbitration under Part I of the Arbitration Act 1996.

4. THE Tenant agrees with the Landlord-

(1) To pay the rent as set out above.

(2) (a) To pay any council tax which the Tenant is obliged to pay under the Local Government Finance Act 1992 or any regulations under that Act.

(Note: The Property will be exempt from council tax provided that all the occupants of the Property are full time students for the entire period of the lease.)

(b) To indemnify the Landlord in respect of any council tax which (during the tenancy) the Landlord becomes obliged to pay under that Act or those regulations because the Tenant ceases to live at the Property.

(3) To pay for all gas and electricity and water supplied to and taken from the Property during the tenancy and to pay all charges for the use of any telephone at the Property during the tenancy. Where necessary, the sums demanded by the service provider will be apportioned according to the duration of the tenancy. The sums covered by this clause include standing charges or other similar charges and VAT as well as charges for actual consumption.

(4) To keep the back and front gardens free from rubbish. To carry out small tasks of maintenance within the property, for example to clean the insides of all windows and the outside of ground floor windows. To clean, maintain and keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns and outside drains.

(5) To keep the interior of the Property, the internal decorations and the Fixtures, Furniture and Effects in good repair and condition (except for damage caused by accidental fire and except for anything which the Landlord is liable to repair under this Agreement or by law) and to replace if necessary any items of the Fixtures, Furniture and Effects which have been damaged or destroyed.

(Note: The Landlord reserves the right to carry out any reasonable remedial, maintenance, cleaning or improvement works to the property during the first twelve months of the lease without being liable for any reduction in rent for any inconvenience caused to the Tenant.)

(6) To allow the Landlord or anyone with the Landlord’s authority to enter the Property at reasonable times of the day to inspect its condition and state of repair, if the Landlord has given 24 hours’ notice beforehand. The Tenant will give immediate access in an emergency.

(7) To use the Property as a private dwelling house only. This means the Tenant must not carry on any profession, trade or business at the Property and must not allow anyone else to do so.

(8) Not to alter or add to the Property or carry out or allow anyone else to do anything on the Property which might increase the fire insurance premium.

(9) Not to do or allow anyone else to do anything on the Property which may be a nuisance to, or cause damage or annoyance to, the Landlord or the tenants or occupiers of any adjoining premises.

(10) Not to assign or sub-let the Property without the written permission of the Landlord and not to part with possession of the Property in any other way.

(11) To give the Landlord a copy of any notice received concerning the Property, including those given under the Party Wall etc. Act 1996, within seven days of receiving it and not to do anything as a result of the notice unless required to do so by the Landlord.

(12) At the end of the Term or earlier if the tenancy comes to an end more quickly to deliver the Property up to the Landlord in the condition it should be in if the Tenant has performed the Tenant’s obligation under this Agreement.

(13) Not to remove any of the Fixtures, Furniture and Effects from the Property and to leave the Furniture and Effects at the end of the tenancy where they were at the beginning.

(14) During the last nine months of the tenancy to allow the Landlord or the Landlord’s agents to enter and view the Property with prospective tenants at reasonable times of the day, having given notice prior to such viewings.

(15) Not to keep any pets at the Property.

(16) Not to park any bicycles inside the Property.

(17) Not to light any fires or use any candles in the Property.

(18) Not to use any blu tak or similar substance on the walls, doors or the ceilings of the Property other than the “poster wall” in each bedroom. All damage caused to existing decoration other than the “poster wall” will have to be met in full by the Tenant at the end of the tenancy

(19) Not to cook anywhere in the Property other than in the kitchen

(20) To leave the central heating on for at least three hours each evening and two hours during the day in winter if the house is unoccupied overnight.

(21) To pay a non-refundable administration fee of £xx per individual tenant on signing the lease.

(22) Not to change the gas or electricity supplier without prior written permission from the Landlord. Any Tenant changing the gas or electricity supplier without prior permission from the Landlord will be subject to an administration charge of £100.00 for the work involved for the landlord to change the supplier back to the original supplier.

(23) To keep the Property in a reasonably clean state, especially the common areas, and pay for the cost of professional cleaners if the Landlord or his agent is of the opinion that the state of the Property warrants it to be cleaned and the Tenant has not cleaned it after being advised to do so.

(24) Not to make any noise in the house or immediately outside the house that would disturb the neighbours between the hours of 11.00PM and 7.00AM.

(25) Not to carry out or allow anyone else to carry out any repairs, alterations, decoration or maintenance work on the property without the express permission of the landlord.

(26) Not to install any key operated locks on bedroom or other internal doors in the house or to lock at any time any existing bedroom or other internal doors with keys if such doors already have key operated locks built into them.

(27) To arrange for the telephone in the house to be connected throughout the term of the lease so that at the very least the phone accepts incoming calls and to pay the related charges for the rental of the telephone line.

(28) To put the wheelie bin and clear recycling bags out for collection the night before each collection day and if this is not done in sufficient time to make the collection time on any week to dispose of any excess bags of rubbish at the Council Waste Disposal so that at no time are bin liners of rubbish left by the wheelie bin or inside the house.

(29) Not to allow anyone else other than a tenant to live at the house.

(30) Not to flush down the toilet anything that could cause a blockage, such as sanitary towels, tampons, condoms or kitchen towels.

(31) To lock all external doors and lockable windows when the house is empty.

5. IF the Tenant -

(1) is at least fourteen days late in paying the Rent or any part of it, whether or not the Rent has been formally demanded, or

(2) has broken any terms of this Agreement

then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to and end. Any other rights or remedies the Landlord may have will remain in force.

Note: The Landlord cannot recover possession without an order of the court under the Housing Act 1988.

Note: This clause does not affect the Tenant’s rights under the Protection from Eviction Act 1977.

Note: If any Tenant is unable to pay the rent on the due date as a result of a student loan not being received on time or not being received by the date the rent is due, the said Tenant should advise the Landlord by e-mail as soon as he/she is aware of the problem.

Note: The individual Tenants are jointly liable for the total rent. If for any reason one Tenant drops out during the course of the lease the full rent for the house is still due. The Tenant dropping out would still be responsible to pay the rent until a replacement Tenant is installed. If the rent cannot be recovered from the Tenant dropping out, through specific requests by the Landlord or a Court of Law, or from the Tenant’s guarantor, the remaining Tenants would be responsible for paying the rent until a replacement Tenant is found. In addition to the above, the Tenant dropping out may be subject to a specific administration fee of £100.00 for the work involved, as well as any costs incurred by the Landlord in readvertising the room.

6. THE Landlord agrees with the Tenant-

(1) That the Tenant has the right to possess and enjoy the Property during the tenancy without any interruption from the Landlord or any person claiming through or in trust of the Landlord. But:

(a) this clause does not limit any of the rights under this Agreement which the Tenant has agreed to allow the Landlord to exercise;

(b) this clause does not prevent the Landlord from taking lawful steps to enforce his rights against the Tenant if the Tenant breaks any of the terms of this Agreement.

(2) To pay and indemnify the Tenants against all charges in respect to the Property except those which by the terms of this Agreement the Tenant has expressly agreed to pay.

7. IF section 11 of the Landlord and Tenant Act 1985 applies to the tenancy, the Tenant’s obligations are subject to the effect of that section.

(Note: As a general rule, section 11 applies to the tenancies for a term of less than seven years. It requires the Landlord to carry out certain repairs to the Property.)

8. WHERE the context admits-

(1) “The Landlord” includes the successors to the original landlord or agent appointed by the landlord.

(2) “The Tenant” includes the successors to the original tenant.

(3) “The Property” includes any part of the Property or the Fixtures, Furniture and Effects.

NOTICE OF LANDLORD’S ADDRESS

The Landlord notifies the Tenant that the Tenant may serve notices (including notices in proceedings) on the Landlord at the following address:

Kingstone Court

Church Lane

Kingston

Canterbury

Kent CT4 6HY

(This notice is given under section 48 of the Landlord and Tenant Act 1987. The address must be in England or Wales.)

The Tenant:

SIGNED by:

The Landlord: