Terms and Conditions of Guaranteed Rental with Aston Pearl.
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 shorthold tenancy within part 1 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 to 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 regulation under that Act
(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 Tenancy ceases to Live at the Property.
(3) The tenant agrees to pay for all gas, water and sewerage services supplied to the Property during the tenancy and at the Property. Where necessary, the sums demanded by the service provider will be apportioned according to the duration of the tenancy. The sums covered by this cause include standing charges or other similar charges and VAT as well as charges for actual consumption.
(4) To keep the drains, gutters and pipes of the Property clear, the chimney swept and the garden clean.
(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.
(6) To allow the Landlord or anyone with the Landlord’s written authority to enter the Property at reasonable times of the day to inspect its condition and state of repair if the Landlord has given 72 hours written notice beforehand.
(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 do or allow anyone else to do anything on the Property which may 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) This Tenancy allow above tenant to sublet the property on HMO Basis
(11) To give the Landlord a copy of any notice 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 twenty-eight days 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.
. 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 of the terms of this Agreement
Then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an 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 Act1977.)
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 for 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 the Tenant if the Tenant breaks any of the terms of this Agreement.
(2) To pay and indemnify the Tenant against all charges in respect of 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 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.
(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.
Special Conditions/ Clauses
The landlord must carry out essential(Major/Minor) repairs when requested by the tenant
Landlord is responsible to provide valid Electricity(NICEIC) certificate / HMO License(If applicable) / Gas safety inspection
Break Clause “Landlord or Tenant can recover possession after six months of the tenancy” by giving two months notice
Landlord & The Tenant agreed that (TBC) % commission will be charged on the rent each month for Management Services
Landlord to supply the following.
GAS SAFETY CERTIFICATES
ELECTRICAL SAFETY CERTIFICATES
PRIVATE RENTED LICENSE
LANDLORDS INSURANCE INCLUDING “LIABILITY COVER”
SMOKE ALARM & CO2 DETECTOR
PHOTOGRAPHS OF THE PROPERTY
BOILER COVER (BRITISH GAS CARE ETC.) “OPTIONAL”
The landlord is liable for the following:
- Roof maintenance and repair
- Building infrastructure
- Boiler mainance and repairs