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Property Letting Terms Of Service Aston Pearl

TENANCY AGREEMENT

For Letting furnished dwelling on the Assured Shorthold
Tenancy under Part 1 of The Housing Act 1988 

 

The landlord shall let, and the tenant shall take the property for the term and rent stated in the particulars.
The tenant has the consent of the landlord to sublet the property for his business purpose (this amends
the following clause with regard to subletting).


The tenant guarantees the agreed rent to the landlord for the duration of the use of the property even if the
property remains empty.


Aston Pearl Limited will manage the above property for the Landlord and provide a general maintenance service (subject to conditions). And will cover the cost of any damages the tenant should incur. This does not include overall natural deterioration of the property. Landlords will be responsible for all fixtures and fittings, non-removable chattels and chattels which are supplied at the time of this agreement, kitchen fittings and cooking facilities and electrical fittings and gas fittings.

The landlord further gives notice to the tenant that the landlord may be entitled to possession of the property on ground 2 and 8 in part 1 of the schedule 2 of the Housing Act 1988 or any of the grounds in part 2 of that schedule (other than ground 9 or ground 16).


Aston Pearl Limited is not responsible for the Landlords mortgage payments or any other commitments on the property.


THIS AGREEMENT is made on the day and year specified above of the particulars set out on this page of this agreement (“The Particulars”) BETWEEN the landlord named above and the Tenant named above.


1. The landlord agrees to let, and the tenant agrees to take ALL THOSE residential premises described above
and the garden thereof (“the Property”) together with the furniture and fitting referred to in the schedule attached here for the term specified above in the particulars at the rent specified above in the particulars.

1.1 The expression shall mean all named persons in paragraph 3 of the particulars of the agreement whom by virtue of this Agreement are deemed to have been made by such persons jointly and severally.

TENANTS OBLIGATIONS

2. The tenant covenants with the Landlord as follows: 
2.1 To pay the rent reserved in full and deduct any repairs made to the property by Aston Pearl Limited if instructed by the Landlord.
2.2 Forthwith upon the signing hereof to apply the appropriate statutory undertakers for the account in respect of the supply of electricity gas water and telephone (where applicable) to be transferred into the Tenant's name and to pay all charges therefore promptly upon demand.
2.2.1 Immediately upon the expiry of the term have the electricity gas and telephone meters read and to discharge forthwith all outstanding accounts in respect of such services
2.4 At the commencement of this Tenancy and upon the determination of the term to supply to the council tax of the Local Authority such details as are required to be furnished pursuant to the provisions of the Local Government Finance Act 1998
2.5 To pay all council tax assessments charges and impositions whatsoever now or hereafter assessed charged
levied or imposed by an Act of Parliament or otherwise on the premises or any part therefore or on any estate
owner landlord-tenant or occupier in respect thereof and without prejudice to the generality thereof to pay the
council tax due and owing from time to time pursuant to provisions of the Local Government Finance Act 1998
2.6 To keep the property in use only as and for a private dwelling house in the occupation of the Tenant only and not to leave the same unattended during the term for any period exceeding 21 consecutive days without the previous consent of the landlord
2.7 To use the property in a proper and tenant manner
2.8 To keep the premises in a habitable order repair and condition as they were at the commencement of the term except for natural deterioration of the property
2.9 Not to make any alterations to the property nor to injure or damage any part thereof and without prejudice
to the generality thereof not to fix to the walls of the premises any nails screws or hooks and not to mark the
walls in any way by hanging of pictures of decorative objects.

2.10 Not to use the premises in any illegal or immoral purpose and not to do or permit any act or thing which
may be a nuisance damage or annoyance to the landlord or the occupier of any neighbouring premises or
property or which may vitiate any insurance maintained by the landlord in respect of the premises or increase
any premium payable in respect thereof
2.11 To make good repair and restore (or any landlords option pay for) any damage to the premises or the
furniture as shall be broken lost or damaged or destroyed during the Tenancy provided that nothing herein
contained shall impose any obligation upon the Tenant which is imposed upon the landlord by Section 11 of
the Landlord & Tenant Act 1985 as amended by Section 116 of the Housing Act 1988).
2.12 To maintain the garden and grounds of the premises in good order during this tenancy and to keep the
trees reasonably pruned grass cut and hedges trimmed and not to cut down lop or remove any trees not to do
any injury of Whatever nature to the shrubs nor alter the present arrangement of the garden and grounds
without the consent in writing of the Landlord
2.13 Aston Pearl Limited may only change the lock, during the tenancy, upon receiving the Landlords written
consent.
2.14 Aston Pearl Limited agree that where blame cannot be given to tenant or landlord, the Tenant will be
liable for replacing and making good of the breakage and damage.
2.15 The Tenant will be responsible to take precautions to prevent damage to the water system by freezing
during the winter months and in the event of such damage caused by failure to take such precautions to
forthwith effect all such repairs as may be necessary to reinstate the system in good working order and repair
and make good any consequent damage that may be caused to the premises and the furniture by reason of the
failure to take such precautions as aforesaid.
2.16 To use the drains and sanitary apparatus of the property in a proper manner and the Tenant will be
responsible to immediately rectify any stoppage obstructions or damage caused thereto
2.17 Not to place or exhibit any aerial satellite dish notice advertisement board or sign on the exterior of the
property or the building or in the interior of the same so as to be visible from the exterior without the prior
written consent of the Landlord’s agents
2.18 The Landlord will be responsible to have all chimneys and flues (if any) in the premises cleaned and
swept.
2.19 To give notice to the Landlord in writing forthwith of any damage disrepair or defect on the premises
forthwith upon the same coming to the attention of the Tenant
2.20 Not to carry out any redecoration of the premises or any part thereof without the previous consent of the
Landlord
2.21 The tenant will not arrange any type of contents insurance for the Tenants personal possessions and
the Landlord’s Fixtures and fittings not covered by the Landlord’s building insurance policy
2.22 To ensure at all times during the tenancy that there is a current valid television receiving licence in force
in respect of any television set in the property whether belonging to the Landlord or the Tenant
2.23 To pay the costs of the Landlord’s Agents including surveyors and solicitors fees on complete indemnity
basis in respect of any breach or breaches of the covenants on the part of Tenant herein contained ant to
indemnity the landlord against any notices actions or claims that may be served upon the landlord by the
landlord’s superior landlord or any other interested party in respect of any breach or breaches of the tenants
covenants and to pay the landlord’s solicitors costs court fees and all other incidental expenses incurred by the
landlord in recovering any arrears of rent or obtaining an order against the Tenant for possession of the
property and/or damages for breach of any of the Tenants obligations herein contained

2.24 Not to assign or charge the benefit of this Agreement or underlet or part with or share possession or
occupation of the premises or the furniture or any part thereof
2.26 Not to keep or be kept any animal or bird on the premises without the previous written consent of the
landlord provided always that the landlord may at his absolute discretion withdraw the consent
2.27 Not to remove the furniture from the premises and leave the same at the termination of the Tenancy in
several rooms and places as described in the inventory and in the event of the premises not being delivered up
in all respects as herein agreed the Tenant shall pay to the landlord the cost incurred by the landlord in
cleaning and arranging the rooms in accordance with the inventory
2.28 During the last three months of the term to permit any Estate Agents notices or boards and try other
persons to be affixed to the property intimating that is to be let or sold
2.29 During the last six weeks of the term to permit the landlord with or without agents and any other
persons on reasonable notice to inspect the property at all reasonable times for the purpose of sale or
mortgage of the property in any further letting of the property
2.30 To permit the landlord and his agents or workmen as often as may be necessary during this Tenancy to
enter into examine the state and condition of the property and allow and to give all facilities for carrying out of
any work which may be necessary to maintain the structure thereof and to permit prospective future tenants to
view the property at reasonable hours during this tenancy
2.31 In the event of loss or damage to the property by fire or other causes immediately to inform the landlord
and to give details thereof in order to enable the landlord to make his claim to the landlord’s insurers. Aston
Pearl Limited will not be responsible for any loss or cost in this event.
2.32 To perform and observe at all times during this tenancy the lessee’s or tenants covenants (other than the
covenants as to payment of rent and service charges) and the conditions and stipulations contained in the lease
(The lease) under which the landlord holds the premises insofar as such performance and observance is not the
sole responsibility of the landlord under the terms thereof and indemnify the landlord from the against all
actions costs claims and demands arising out of any breach non – observance or non – performance thereof so
as aforesaid provided always that the covenants conditions and stipulations aforesaid shall not operate so as to
confer upon the tenant any right power or privilege which is not expressly granted by this Agreement
2.33 Not to do any act matter or thing which under the terms of the Lease requires the approval of the
superior landlord (if any) without obtaining such approval an addition to any approval of the landlord
required by the terms of this Agreement in all cases at the tenant’s own expense whether or not such
approvals are granted
2.34 Not to play any music of any description whether by wireless or other instrument or to cause or permit and
singing to take place in the property so as to cause annoyance to the landlord or the occupiers or owners of any
adjoining or adjacent property or so as to be audible outside the property between hours of 11.00pm to 7.30am
2.35 Not to hang or permit to be hung or exposed and clothes or any articles upon the exterior of the property or
in any garden except where expressly permitted by the landlord
2.36 Not to obstruct any common passageways and staircases and staircases and hallways of the building
nor place nor keep anything thereon or therein without the prior written consent of the landlord
2.37 Not to affix blue-tac and Sellotape or any commercial variation on any internal walls without written
permission from the landlord. Except for notices for tenants provided by Aston Pearl Limited.
2.38 At the expiration of this tenancy to deliver up the full and entire possession of the property in the same
state of order state and condition as they were at the commencement of the term (except for fair wear and tear
damage by any cause in respect of which the landlord may be reimbursed by insurers)

2.39 To pay all costs and expenses (including solicitors costs and surveyors’ fees) incurred by the landlord in
connection with the contemplation of and/or service of any notice under either section 146 or 146 of the law of
Property Act 1925 notwithstanding that the right of re-entry or forfeiture may be waived by the landlord
2.40 To pay the landlord’s agents or the landlord the cost of preparing and pricing a schedule of Dilapidation
(if such is necessary) following the expiry of the term together with any agents’ charges in arranging a remedy
any warrant or repair decoration otherwise
2.41 To pay for washing of all linen and washing and cleaning of all counterpanes loose covers blankets curtains
and carpets which may have become soiled during this tenancy
2.42 The tenant will use the landlord’s fixtures and fittings in a tenant-like manner and take proper care of the
same and report any damage thereto to the landlord promptly and in the case of negligence or carelessness on
the part of the tenant pays the landlord the cost of replacement or at the landlord’s discretion repair of said
fixtures and fittings in default of which the same can be recovered as rent in arrears and on the expiry or earlier
termination of the tenancy to leave the landlords fixtures and fittings in a clean and tidy state and to pay for
the cost of dry cleaning the curtains at the property and where necessary the cost of shampooing the
carpets therein
General Repair Conditions
2.43 Aston Pearl Limited will supply a general repair service, which includes:
Painting of walls if tenants have damaged or overused. Changing of any broken fixtures done by tenants.
Cleaning of floors or rugs if overused. End of tenancy cleaning or change of tenancies between outgoing and
new tenants. Small fixes such as change of fuses and sockets.
2.44 Aston Pearl Limited will not be responsible for any plastering work, brickwork, changing of windows and
frames, any kind of roofing work, gates, fencing, boarder fencing, internal plumbing, and internal electric
cabling, or any kind of building structural work, or any external plumbing, guttering, or any external lighting or
electrical fixtures. These repairs are for the landlord to be completed or booked in within 48 hours of notice
being given of such issues.


LANDLORDS OBLIGATIONS


3. The landlord HEREBY AGREES with the tenants as follows: -
3.1 That the tenant paying the rent and performing all agreement and provisions on the part of the herein
contained they may quietly possess and enjoy the property during the term without any unlawful interruption
from the landlord or any persons claiming under or in trust for the landlord
3.2 To insure or procure the insurance of the property in respect of all usual insurable risks
3.3 Landlords are responsible to provide a working and serviced boiler to supply hot water and heating.
3.4 The landlord is obligated to complete or book any repairs within 48 hours of notice given of any repairs
that need completing. Failure to do so will result in Aston Pearl completing those repairs and the cost of which
will be deducted from the next month’s rental payment.


4. PROVIDED ALWAYS AND IT IS MUTUALLY AGREED:
4.1. That in case of non-payment rent within thirty days of the due date whether legally demanded or not or if
the tenant shall have a receiving order in bankruptcy made against him or compound with his creditors or in the
event of any breach or non – performance by the tenant of any of the covenants and provisos on the tenants part
herein contained then the landlord may re-enter and take possession of the premises together with the furniture
and that thenceforth the term shall cease and shall be determined but without prejudice to any antecedent claim
which the landlord may have against the tenant

4.2. Where two or more persons are included in the expressions “the landlord” and “the tenant” covenants
entered into or made or accepted by such persons shall be deemed to be contracted jointly and severally and to
be performed accordingly and where the context requires the singular includes the plural and the masculine
includes the feminine and vice versa
4.3. Reference to the landlord includes the landlord’s agent appointed by the landlord and notified to the tenant
4.4. Reference to any Act of Parliament include references to ant statutory modification or re-enactment
for the time being in force and subordinate legislation or bye-law regulations made there under
4.5. That this Agreement is intended to create an Assured Shorthold Tenancy as defined in section 20 of
the Housing Act 1988 and the provisions for the recovery of the possessions by the landlord in section 21
thereof apply accordingly
4.6. Any notice to be given hereunder shall be deemed to be property given if sent by first-class or registered
post addressed if given to the landlord by name at the address stated in paragraph 2 of the particulars or
to his agents


5. TERMINATION OF CONTRACT
It is mutually agreed that:
5.1 The Landlords must give Two months’ notice to quit this agreement.
5.2 Aston Pearl Limited must give two months’ notice to the Landlord to quit this agreement.