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Ash
Ash, Solicitor
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Experience:  Solicitor with 5+ years experience
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my son is a Cypriot student currently studding law at the saouthampton

Resolved Question:

my son is a Cypriot student currently studding law at the saouthampton university. The apartment that he is living in is in very poor living conditions: ie: when is raining, rains in the flat from the roof as well, the walls are getting green from the fungus!!! When ever managed to get in touch with the landlord (very hard to answer his phone) he promises to fix it but never does. we paid already 3 rents in advance (in September 2013), let alone every month payment paid except the last one (January 2014) we have photos of the current condition. WHAT CAN I DO TO GET OUT OF THE APARTMENT AND GET THE DEPOSIT BACK SO WE CAN USE IT FOR ANOTHER FLAT? PLEASE HELP
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What type of contract does he have please?
Customer:







ASSURED SHORTHOLD


TENANCY AGREEMENT



[This document should not be used to create a tenancy where the initial fixed term is to be for more than three years;


you should consult a Solicitor, as such an agreement must be created by Deed]





IMPORTANT




  • This agreement contains the terms and obligations of the tenancy. It sets out the promises made by the landlord to the tenant and by the tenant to the landlord. These promises will be legally binding once the agreement has been signed by both parties and then dated. You should read it carefully to ensure it contains everything you want and nothing that you are not prepared to agree to. Whilst every attempt has been made to compose this agreement using plain and intelligible language, it inevitably contains some legal terms or references.



If either party does not understand this agreement, or anything in it, it is strongly suggested you ask for an explanation before signing it. You might consider consulting a Solicitor, Citizens Advice Bureau or Housing Advice Centre.





If completing this Agreement by hand make sure all information inserted is readable


















The Name and Address of the Letting Agent (if any) who arranged this tenancy is :-





PROPERTY VIBE LTD


115 PORTSWOOD ROAD, SOUTHAMPTON, SO17 2FX



Company reg no : 07494031


MY DEPSOITS NUMBER :(NNN) NNN-NNNN/p>





PRESCRIBED INFORMATION


Housing Act 2004


A.1 This information is prescribed under the Housing Act 2004. That means that the two parties to the Tenancy Agreement must be made aware of their rights during and at the end of the Tenancy regarding the protection of and deductions from the Deposit.


A.1.1 Landlord Name: Mr. Y Khan


A.1.2 Actual address of the Deposit Holder: 123 St Marys Road, Southampton, SO14 0BJ



A.1.3 E mail address of the Deposit Holder: N/A A.1.4 Telephone number of the Deposit Holder: XXXXXXXXXXX /p>

A.1.5 Fax number of the Deposit Holder: N/A A.1.6 TENANTS NAMES: Mr. Andreas Manolis - 0035722591114


Mr. Constantinos Kentis - 0035799448090



A.1.7 Forwarding Address at the end of Tenancy: Chytron 7, Appartment 501, Nicosia, Cyprus, 1075


A.1.8 E mail address for Tenant: [email protected]


A.1.9 Mobile/Telephone number: 0035799448090


A.1.10 Fax number (if applicable)


Please provide the details requested in A.1.6 – 10 for other relevant persons (i.e. agent, guarantor paying the Deposit etc)


A.1.11 Deposit:


Deductions may be made from the Deposit according to clause 4 of the Tenancy Agreement attached. A leaflet explaining how the Deposit is protected by the Housing Act 2004 will be provided to the Tenant by the person holding the Deposit being Property Vibe LTD. The holder of the Deposit will register the Deposit with and provide other required information to the My Deposits within 14 days of the commencement of the Tenancy or the taking of the Deposit whichever is earlier and provide proof to the Tenant of compliance. If the holder of the Deposit fails to provide proof within 14 days the Tenant should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or other housing advisory service. The procedure for instigating a dispute regarding deductions from the Deposit at the end of the Tenancy are explained in clauses A2.1 – A2.10 shown below. No deductions can be made from the Deposit without written consent from both parties to the Tenancy Agreement.







Procedure for Dispute at the End of the Tenancy


A 2.1 When the Landlord and Tenant agree how the deposit should be returned, in full or in part, it must be paid back within 10 working days. Failure to return the Deposit within the specified period will be grounds for the Tenant to refer the matter directly to the Independent Case Examiner (“ICE”).


A 2.2 The Landlord /Agent must tell the Tenant within 10 working days of the end of the tenancy, (or as specified in the tenancy Agreement) if they propose to make any deductions from the deposit.


A 2.3 The tenants should make their best endeavours to inform the Agent/Member if they wish to raise a dispute about the deposit within 20 working days* after the lawful end of the tenancy and vacation of the property. The Member/Agent has a maximum of 10 working days* to resolve the dispute



A 2.5 The Agent, the Landlord or the Tenant can instigate a dispute by completing the Notification of Dispute form and submitting it to the ICE. The form can be downloaded from the website www.mydeposits.co.uk or be obtained directly from My Deposits at the address or telephone number specified in clause 4 of the attached Tenancy Agreement.


A 2.6 If the Landlord/Agent instigates a dispute they must send with the Notification of Dispute to the TDS the full Deposit, less any amounts already agreed by the parties and repaid. Where one of the parties to the Tenancy raises the dispute, the Landlord/Agent must send the Deposit or the balance in dispute together with the relevant evidence being a copy of the Tenancy Agreement, inventory and schedule of condition, any check in or check out report, correspondence and invoices or estimates within 10 days of being told that a dispute has been registered with the TDS whether or not the Landlord/Agent or the other party want to contest it. Failure to do so will not delay the adjudication but the TDS will take appropriate action to recover the Deposit and discipline the Landlord/Agent.


A 2.7 The sum in dispute must be remitted to My deposits within 10 days of being requested to do so, whether or not the parties wish the ICE to resolve the dispute.


A 2.8 The ICE will aim to resolve the dispute within 28 days of receiving the final documentation that is once all the evidence considered necessary has been gathered or requested and a suitable time period has been allowed for submission.


A 2.9 The TDS will pay out the money within 10 working days of the decision of the ICE or instruction of the court as appropriate.


A 2.10 The time-scale specified may be varied at the discretion of the ICE if he considers it necessary to seek legal or other expert advice, or in exceptional circumstances which affect the ability of either party to the Tenancy being able to provide information promptly.


[These time scales can be changed by agreement with the Tenant in individual cases or by the contract used as standard by the Agent].


A 2.11 The Landlord/Agent and the parties to the Tenancy must co-operate with the ICE in the consideration of the dispute and follow the recommendations of the ICE concerning the method of resolution of the dispute.


A 2.12 If one party raises a dispute with the TDS the TDS will contact the other party giving a right to reply within 10 days. If the other party fails to reply the TDS will make their adjudication and decision upon the information already held and find accordingly for the party raising the dispute.


A 2.13 If the Landlord or the Agent are unable to contact the Tenant despite making reasonable efforts to do so, or the Tenant is unable to contact the Landlord or the Agent despite making reasonable efforts to do so, action must be taken through the County Court system to get a judgement for the return of or deductions from the Deposit because the TDS are specifically excluded under the Statutory Instrument from adjudicating under these circumstances.


The Landlord confirms that the information is accurate to the best of his knowledge and belief and the Tenant has had the opportunity to examine the information.


The Tenant confirms he has been given the opportunity to examine this information. The Tenant confirms by signing this document that to the knowledge of the Tenant the information above is accurate to the best of the Landlord's knowledge and belief.



Signed by the Tenant:






Signed by agent on behalf of the Landlord:


______________________________________________________________________



 



DEFINITIONS The intention of providing this list of definitions is to help explain or clarify some terms or expressions that may be found in this tenancy agreement. It is not meant to be an exhaustive or complete list. In the event of a dispute, only a court can decide on a definitive interpretation or meaning of any clause, or of any part of this agreement.



















































































The premises


The premises include all, or any parts of the dwelling-house, gardens, paths, fences, boundaries or other outbuildings which form part of the let. Where the premises form only part of another property (e.g. in a block of flats), the letting includes the use, in common with others, of communal access ways and other similar facilities.



Binding Date



A tenancy agreement is not, technically, a legally binding contract until it has been “executed” by being Dated, after both parties (or their authorised representatives) have signed; although it might be possible for either party to take legal action against the other if they withdraw prior to this date.



Member



ICE



A person or persons who at any relevant time own, or have a formal interest in, the premises that gives them the right to possession of the premises.


The Independent Case Examiner for the dispute service limited.



Tenant



A person, or persons, who at any relevant time are entitled to occupy the premises under the terms of this tenancy agreement.



Joint and several liability



The expression joint and several liability means that jointly the tenants are liable for the payment of all rents and all liabilities falling upon the tenants during the tenancy as well as any breach of the Agreement. Individually each tenant is responsible for payment of all rent and all liabilities falling upon the tenant as well as any breach of the Agreement until all payments have been made in full. A maximum of four people can be such joint tenants.



Superior landlord



People, or persons, to whom the ownership or interest in the Leasehold premises might revert in the fullness of time, following the expiry of the term of any head, or superior, lease.



Head or Superior lease



Means a Lease (if any) under which the landlord himself holds, or owns the premises and which contains the obligations of which the landlord, or his tenants in turn, may be bound.



Fixtures and fittings



References to fixtures and fittings relate to any of the landlord’s furniture, furnishings, sanitaryware, decorative features, white goods, other equipment or any floor, ceiling or wall coverings and include anything listed in any Inventory and/or Schedule of Condition supplied.



The term or the tenancy



References to the term or the tenancy include any extension or continuation, or any statutory periodic tenancy which may arise following the end of the period set out in clause 1.9



(security) Deposit held as “agent for the landlord”



This means that at the end of the tenancy, the agent (subject to any other over-riding contractual arrangements) should follow the landlord’s instructions regarding the apportionment of deductions from the tenant’s deposit, e.g. for costs or compensation for damage, or for breaches of, or failure to comply with, the tenant’s obligations.



(security) Deposit held as “stakeholder”



This means that at the end of the tenancy, the two parties to the tenancy agreement should jointly agree on the apportionment of any deductions from the deposit, e.g. for costs or compensation for damage, or for breaches of, or failure to comply with, the tenant’s obligations. Any portion in dispute should not be paid over to, or taken by, either party until and unless mutual agreement is reached, or unless an appropriate third party makes a decision.



Consent of the landlord or his agent



Where the consent of the Landlord or his Agent is required for the tenant to carry out some action it is strongly recommended that where such consent is granted, the tenant obtain confirmation in writing so as to avoid misunderstandings or disputes at a later date.



Water charges



This includes charges, rates or costs relating to water, sewerage and environmental services



Utilities


This includes charges, rates or costs relating to telephone, gas, electricity, oil and Council Tax.



Stamp Duty





Masculine & feminine and singular & plural



Any reference to either one gender includes the other and any reference in the singular shall include the plural, if appropriate.



Agent


Any letting or managing agent, or any other duly authorised person, notified to the tenant, who is acting from time to time on behalf of the landlord.



Month / Monthly


Means a calendar month.



Inventory and or Schedule of Condition



This refers to any document prepared by the landlord, the agent or an inventory clerk and provided to the tenant detailing the landlord’s fixtures, fittings, furnishings, equipment etc., the decor and condition of the premises generally. Such a document may subsequently be relied upon at the end of the tenancy in assessing damage or compensation for damage (over and above fair wear & tear) and so should be checked carefully at commencement of the tenancy. Any significant mistakes, misdescriptions or other amendments should be notified to the landlord or his agent as soon as practicable after the tenancy starts. In order to avoid misunderstandings or disputes later, it is strongly recommended that this notification be in writing and a copy kept for future reference.




 



1 SUMMARY of CORE TERMS












1.1



Insert here, (only after this agreement has been signed by, or on behalf of, both parties) the binding DATE of this contract



09/09/2013













1.2



Name(s) of MEMBER(S) :











MR. Y KHAN












1.3



ADDRESS for MEMBER(s):











123 St Marys Road, Southampton, SO14 0BJ




IMPORTANT: - A landlord is required by law (for the purposes of sections 47 and 48 Landlord & Tenant Act 1987) to provide a tenant with his address when making written demands for rent and if that address is not in England and Wales, provide an address in England and Wales at which notices (including notices in proceedings) may be sent to or served on the landlord, by the tenant.



THEREFORE, Where the address for the landlord inserted at 1.3is not in England and Wales you must insert, in clause 1.4, an alternative address for the landlord (for the purposes of sections 47 and 48 Landlord & Tenant Act 1987), which is in England and Wales.











1.4



Alternative ADDRESS for Member (if applicable) :























1.5



Name(s) of TENANT(S) :











Mr. Constantinos Kentis - 0035799448090


Mr. Andreas Manolis - 0035722591114























1.6



ADDRESS of Tenant(s) :



 







 



CHYTRON 7, APARTMENT 501, NICOSIA, CYPRUS, 1075


Ayiou Gavriel 8 archangelos nicosia cyprus 2054

















1.7



ADDRESS of PREMISES to be LET :











FLAT 2, 123 St Mary’s Road, Southampton, SO14 0BJ












1.8



EXCLUSIONS from the Let premises (e.g. Garage or other outbuildings etc)











N/A













1.9



Initial TERM of the tenancy will be :



12 MONTHS












COMMENCEMENT date; from and including :



9TH September 2013












EXPIRY date; to and including :



8TH SEPTEMEBER 2014















1.10



RENT



£750.00



per Month


















Rent is payable in advance and is due upon the



9th



day of each rental period



and the first payment (or proportionate part) is to be made on or before the signing of this agreement.



 



 


 












1.11



Security Deposit



£1,125.00



To be paid on or before the signing of this agreement and is held by the Landlord as stakeholder.








 



2. TENANT’S OBLIGATIONS



PLEASE NOTE: These are the things that the tenant agrees to do or not to do. It is important for the tenant to understand what he must or must not do. If the tenant breaks, or does not comply with any of these obligations, the landlord may be entitled to claim damages or compensation from the tenant, or to seek other legal remedies against the tenant, including the possibility of eviction.



The tenant(s) agree(s) to the following:




  • General liabilities, services and utilities











2.1



As joint and several tenants to be responsible and liable for all obligations under this agreement












2.2



To pay the rent, whether formally demanded or not, and all other sums due to the landlord on time. Payments by other persons on behalf of the tenants will be considered as if payments from the tenants. The landlord reserves the right to charge interest (calculated from day to day) at 3% over the Bank of England base rate on late payments and the landlord may recover the interest as though it were rent.












2.3



To occupy the premises as the tenant’s only or principal home.












2.4



To be held liable for the fair net costs involved in carrying out repair and maintenance to the premises or its fixtures or fittings where such action is required as a result of negligence, or significant breach of this agreement, or mis-use, by the tenant or his invited guests or visitors.












2.5



To be responsible for payment of Council Tax (or any other similar charge replacing the Council Tax) during the tenancy in respect of the premises or, if the landlord pays it, to reimburse the landlord.












2.6



To be responsible for the payment of all associated charges in respect of the use and supply at the premises during the tenancy of any telephone service, of electricity, gas, oil and any other relevant fuels, water and environmental services etc.












2.7



Where the premises are served by a septic tank or cesspit, to be responsible for the reasonable costs of emptying or clearing such facilities, as required, during the tenancy.












2.8



To notify, at commencement of the tenancy, the local authority responsible for the collection of Council Tax and the suppliers of such services or utilities of the tenant’s liability for their charges and to have all such accounts transferred into the tenant’s name for the duration of the tenancy.












2.9



Where the tenant allows, either by default of payment or by specific instruction, the utility or other services to be cut off, either during, or at the end of the tenancy, to pay or be liable to pay, the costs associated with reconnecting or resuming those services.












2.10



Not to tamper, interfere with, alter or add to the gas, water or electrical installations or meters, either in or serving the premises.












2.11



Not to have or allow a key meter to be installed or any other meter which is operated by the insertion of coins, or a pre-paid card, or key, without the prior consent of the landlord or his agent which will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.12



Not to change the supplier of the domestic utilities or services referred to in the above clauses without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, the tenant undertakes to promptly provide the landlord or his agent with full details of the new supplier and account numbers etc. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.13



Not to change or transfer any existing telephone number at the premises without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, the tenant undertakes to promptly provide the landlord or his agent with the details of the new number and, at the request of the landlord, pay the telephone companies reasonable standard costs of storing the landlord’s number for re-use at the end of the tenancy. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.14



If the tenant brings into the premises any gas appliance(s), he must ensure they are safe to use and are properly connected to the appropriate pipework in the premises by a suitably qualified Corgi engineer and to immediately stop using and remove any such gas appliance which is, or becomes known to be, unsafe or dangerous to either the occupants or the premises.












2.15



Where the tenant is notified prior to commencement of the tenancy, in writing or by the provision of copy documents, of any agreements or restrictions contained in any superior or head lease affecting the premises which may bind the landlord (and his tenant) in the use or occupation of the premises, not to break such agreements or restrictions.












2.16



Not to use the premises, or knowingly allow it to be used, for illegal or immoral purposes and that includes the use of any illegal drugs which are or become prohibited or restricted by statute.












2.17



For the duration of the tenancy, to pay the appropriate terrestrial television licence fee, cable television or satellite television charges (if any) for the use of any television, or associated broadcast receiving equipment (if any) on the premises.












2.18



To use the premises only as a single private residence for the occupation of the tenant and not to carry on any formal or registered trade, business or profession there.












2.19



Not to sublet, take in lodgers or paying guests without the landlord or his agent’s prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.20



Not to assign the tenancy of the premises or any part of it without the landlord’s prior consent, which will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The tenant will be liable for the reasonable fees and expenses incurred by the landlord in arranging any assignment granted.












2.21



As quickly as is practical after receipt, to send to the landlord or his agent any formal or legal notice or orders or other similar document delivered to the premises by a third party which relate to, or might significantly affect, the premises, its boundaries or adjacent properties.












2.22



To pay, or be liable to pay, the reasonable net costs incurred by the landlord, or his agent or professional advisers, in successfully enforcing or remedying a notable breach of, or significant failure to comply with, the obligations of the tenant under this agreement.












2.23







  • Insurance



(For the avoidance of doubt, the tenant’s belongings, furnishings or equipment within the premises are his and are not covered by any insurance policy maintained by the landlord)











2.24



In the event of loss or damage by fire, theft, attempted theft, impact or other causes to the landlord’s premises or its contents, to promptly inform the authorities as appropriate and the landlord or his agent as soon as is practicable. Subsequently to provide, as soon as is practicable, full written details of the incident in order for the landlord or his agent to assess whether to make a claim on any relevant insurance policy.












2.25



Not to deliberately do anything, and to take reasonable and prudent steps not to allow anything to be done by invited guests or visitors, which leads to devastation, harm or ruin of the premises or its contents.












2.26



To reimburse the landlord for any excess sum, up to a maximum of £100, payable under the landlord’s insurance policy for each and any claim on the landlord’s policy resulting from any action or inaction on the part of the tenant, his invited visitors or guests in breach of this agreement.





  • Locks and Security











2.27



Before leaving the premises empty or unoccupied for any continuous period in excess of 14 days, to notify the landlord or his agent in advance and to fully co-operate and comply (and bear the fair cost of such compliance) with any reasonable requirements or conditions relating to the security or safety of the premises and its contents whilst being left empty or unoccupied.












2.28



Not to change any burglar alarm codes (if any) without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, to promptly provide the landlord or his agent with the relevant new code. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.29



Not to change, alter, add to or otherwise damage any locks or bolts on the premises (except in the case of an emergency) without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Where any new or additional locks or bolts are fitted to the property, to promptly provide the landlord or his agent with an appropriate set of keys.












2.30



If any lock or bolt is installed or changed on or in the premises without the prior consent of the landlord or his agent to remove them if so required by the landlord or his agent and be responsible for the fair costs of making good any resultant damage to the premises or spoilage of decoration.












2.31



To take adequate precautions to keep the premises, including its external doors and windows, locked and secured, and any burglar alarm set, when the premises are empty.












2.32



During the tenancy, to take such reasonable precautions expected of a householder to keep the premises free of infestation by vermin, rodents or animal fleas. Where such infestation occurs as the result of action or inaction on behalf of the tenants, to be responsible for the appropriate costs in fumigating and cleaning any affected parts as appropriate and for rectifying and or removing the causes of such an infestation.





  • Garden











2.33



Not to dig up, or cut down, any trees, shrubs or bushes or timber (if any), except with the landlord’s prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.34



To cut the grass (if any) of the premises with an appropriate garden mower as necessary from time to time to keep the grass in, or bring about, a neat and tidy condition. Furthermore, to keep the patio areas (if any), paths, garden areas, lawns, flower beds, shrubs or bushes and borders (if any) as tidy, weed free and cultivated, as at commencement of the tenancy.





  • Use of the premises, fixtures and fittings in a tenant like manner



These clauses should not be taken as an exhaustive list.











2.35



To take reasonable and proper care in the use of the premises, its fixtures and fittings and not to deliberately damage or alter the premises, its décor, fixtures and fittings either internally or externally.












2.36



At least once every nine-months of the tenancy to have any working chimneys, made use of by the tenant, swept by an appropriate person and retain a suitable record, receipt or invoice to demonstrate compliance with this clause.












2.37



To clean or have cleaned both internally and externally all reasonably accessible windows of the premises as necessary during the tenancy, and within one month prior to the end of the tenancy.












2.38



Where the tenant, his invited guests or visitors are responsible by any action for any cracked or broken windows or door glass on the premises, to promptly repair or replace such glass to the required specification and be liable for the costs involved.












2.39



To take care not to cause an overload of the electrical circuits by the inappropriate use of multi socket electrical adaptors or extension cables when connecting appliances to the mains electric system.












2.40



To take care to replace or have replaced appropriately, light bulbs, fluorescent tubes, fuses etc. as and when necessary during the tenancy and to ensure that all light bulbs, fluorescent tubes, fuses are in place and in working order at the end of the tenancy.












2.41



To test at regular intervals any battery operated smoke alarms fitted in the premises and replace any battery in an alarm, which is found not to be working. If the alarm is not working after the fitting of a new battery, to promptly inform the landlord or his agent.












2.42



To be responsible for unblocking or clearing stoppages in any sink, or basin, or toilet, or waste pipe which serve such fixtures if they become blocked with the tenant’s waste, or as a result of the actions or inactions of the tenant (or his invited visitors or guests) in breach of obligations under this agreement.









  • The premises, its fixtures and fittings











2.43



Not to alter the appearance or decoration or structure of the premises or its fixtures or fittings either internally or externally without first obtaining the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.44



To take care not to put, or allow to be put, any damaging oil, grease or other harmful or corrosive substances into the washing or sanitary appliances or drains within the premises.












2.45



To notify the landlord or his agent as immediately as is practicable of any defect, damage or disrepair which develops or occurs at the premises which might be, or might reasonably be expected to become, a hazard or danger to life or limb or to the fabric of the premises itself. The tenant must not carry out or authorise repairs himself except to take reasonable steps in an emergency to restrict or diminish such immediate dangers or damage.












2.46



Not to keep on, or bring into the premises, any inflammable or other material or equipment (apart from properly stored fuel or similar material in quantities appropriate for normal domestic use) which might reasonably be considered to be a fire hazard, or otherwise dangerous to the premises or the health of its occupants or of the neighbours.












2.47



To take such reasonable and prudent precautions expected of a householder as may be required from time to time, but particularly between and including the months of November to February, to prevent damage by frost or freezing occurring to the premises, its fixtures or fittings.












2.48



Not to place or fix any aerial, satellite dish, or notice or advertisement or board onto the premises (either externally or internally) without first obtaining the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Where granted, the tenant will meet all costs of installation and subsequent removal and the reasonable costs of making good of any resultant damage or redecoration if so required by the landlord. The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.49



Not to do anything at the premises (including the playing of excessively loud music) which is a nuisance or annoyance or causes damage to the premises or adjacent or adjoining premises or neighbours or might reasonably be considered to be anti-social behaviour.












2.50



Not to remove from the premises any of the landlord’s fixtures or fittings, or to store them in a loft, basement, garage or outbuildings (if any) without obtaining the prior consent of the landlord or his agent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Where such consent is granted, to ensure that any such items are stored safely without damage or deterioration and at the end of the tenancy are returned, within reason, to the same places from which they were removed.












2.51



Not to fix or hang, any posters, pictures, photographs or ornaments to the walls or ceilings or woodwork with nails, glue, sticky tape, blu-tac or similar adhesive fixings other than solely with a reasonable number of commercially made picture hooks appropriate for the purpose and to make good at the end of the tenancy, or be liable for the fair costs of making good, any unreasonable damage or marks or holes caused by such fixings or their removal.












2.52



Not to store or keep on the premises or any communal car park any boat, caravan or commercial vehicle without the prior consent of the landlord or his agent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Such consent not to be unreasonably withheld. The landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.53



Not to repair cars, motorcycles, vans or other commercial vehicles at the premises apart from general maintenance, from time to time, to a vehicle of which the tenant is the registered keeper.












2.54



To take reasonable and prudent steps to adequately heat and ventilate the premises in order to help prevent condensation. Where such condensation may occur, to take care to promptly wipe down and clean surfaces as required from time to time to stop the build up of mould growth or damage to the premises, its fixtures and fittings.












2.55



Where the tenant clearly breaks, or fails to comply with, any of the obligations relating to looking after or the use and occupation of the premises set out under this agreement, the tenant agrees to carry out (at his own cost) any reasonable and necessary corrective measures or action within a maximum of four weeks, or within any alternative timescale agreed with the landlord or his agent, or earlier if urgency requires it, of being asked in writing to do so by the landlord or his agent. After that time, the landlord or his agent may notify the tenant that the landlord is arranging for the work to be done and in such circumstances the tenant agrees to be responsible and liable for the fair costs involved in those arrangements and for the carrying out of such works.





  • Access and Inspection (Co-operating with the landlord or his agent)











2.56



During the last two months of the tenancy, upon a minimum of 24 hours prior written notification, to permit the premises to be viewed during working hours and or at other reasonable times including at week-ends by prospective tenants or purchasers who are authorised to do so by the landlord or his appointed agent. Except where mutually agreed otherwise with the tenant, the landlord or his authorised agent or representative will accompany these viewing appointments.












2.57



During the last two months of the tenancy to permit, at the discretion of the landlord or his agent, a For Sale or To Let board to be displayed on the premises.












2.58



In order to comply with the requirements of the Party Walls etc. Act 1996 (but only upon appropriate formal written notice), to permit the owner of a neighbouring property, or their authorised workman or their professional advisors, access to the landlord’s premises in order to carry out any work required to the premises or their neighbouring property under the Party Walls etc. Act 1996.












2.59



To permit the landlord or his agent or authorised workman, from time to time upon a minimum of 24 hours prior written notification (except in the case of emergency), to enter the premises during working hours and or at other reasonable times including at week-ends, to inspect the premises, its fixtures and fittings, and to do work which might be required from time to time in order to fulfil obligations under this agreement or relevant legislation.





  • At the end of the tenancy











2.60



The Landlord will arrange for a professional clean of the property on your vacation which you are liable to pay for. However, you are to clean to (or pay for the cleaning to) a good standard, the premises, its fixtures and fittings, including the cleaning of any carpets, curtains (including net curtains), blankets, bedding, upholstery etc. which have become soiled, stained or marked during the tenancy. To provide, upon request, receipts to the landlord or his agent to demonstrate compliance with this clause.












2.61



To remove all the tenant’s refuse and rubbish from within the premises and to ensure that it is stored outside in proper receptacles and, where appropriate, make arrangements with the local authority or others for its prompt removal at the expense of the tenant.












2.62



To return all keys to the premises (including any new or additional or duplicate keys cut during the tenancy) to the landlord or his agent promptly on the last day of the tenancy.












2.63



Having replaced the landlord’s items in the same areas of the premises (as far as is practicable) as at commencement of the tenancy, to co-operate in the checking of any Inventory and or Schedule of Condition and to pay, or be liable to pay, for any previously agreed costs involved in the checking of any Inventory and or Schedule of Condition.












2.64



To remove all the tenant’s belongings, or property, or personal effects, or foodstuffs, or furnishings and equipment from the premises on, or before, the last day of the tenancy.












2.65



Any of the tenant’s belongings, or property, or personal effects, or foodstuffs or furnishings and equipment left behind at the premises will be considered abandoned if, after the end of the tenancy and after the expiry of 14 days written notice sent, addressed to the tenant, to the single address required to be provided by the tenant under clause 2.67 of this agreement or, in the absence of such an address, to the address of the premises subject to this tenancy given at clause 1.7, the tenant has not removed or retrieved them. After this time the landlord, or his agent, may remove, store or dispose of any such items as he sees fit. The tenant will remain liable for the fair costs of arranging such removal storage or disposal and such costs may be deducted from the sale proceeds (if any) or deposit and any surplus costs after such deduction will remain the liability of the tenant.












2.66



Where such items belonging to the tenant described in clause 2.61,2.64,2.65 above are of a bulky or unwieldy nature, (either individually or as a collection) which may inhibit, or unreasonably inconvenience the landlord or other persons immediate ability to comfortably occupy or make use of, or relet, or sell the premises, or any part of the premises, the landlord reserves the right to charge the tenant damages or compensation at a rate equivalent to the rent, calculated on a daily basis, until the items are removed, either by the tenant, or in line with clause 2.65.












2.67




To promptly provide as soon as is practicable just before or immediately at the end of the tenancy a forwarding or correspondence address to the landlord or his agent; for ease of administration and communication between the parties, including the processes involved in the return of the deposit.






 



3. LANDLORD’S OBLIGATIONS



PLEASE NOTE: These are the things that the landlord agrees to do or not to do. If the landlord breaks or does not comply with any of his obligations in this agreement or of his statutory obligations, the tenant may be entitled to claim damages or compensation from the landlord, or to seek other legal remedies against the landlord.



The landlord agrees to the following :











3.1



To keep the premises and the landlord’s contents (if any) insured for such sums and on such terms as the landlord feels appropriate against fire and other risks normally covered by a comprehensive household policy and any other such risks as the landlord considers necessary from time to time.












3.2



Not to interrupt or interfere with the tenant’s lawful occupation, enjoyment or use of the premises other than in an emergency or in the normal and lawful process of exercising or implementing the landlord’s rights and obligations under this agreement and having provided at least a minimum of 24 hours prior written notification.












3.3



To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior (including drains, gutters and external pipes) of the premises; to keep in repair and proper working order the installations in the premises for supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of water, gas or electricity); to keep in repair and proper working order the installations in the premises for space heating and heating water. In determining the standard of repair required by the landlord under this clause, regard shall be had to the age, character and prospective life of the premises and the locality in which it is situated.












3.4



Where the landlord supplies a working burglar alarm with the premises at commencement of the tenancy; to keep it in working order and repair, but only where such a repair is not caused by negligence or mis-use by the tenant, his invited guests or visitors.












3.5



To take reasonable steps to ensure that the landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlords obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc., (Safety) Regulations 1994.












3.6



The landlord confirms that he is the sole or joint owner of the leasehold or freehold interest in the premises and that all appropriate consents necessary for him to sign this agreement have been obtained.












3.7



Where the landlord’s normal place of abode is not in the United Kingdom he agrees to nominate a representative or appoint an agent to whom the rent due under this agreement shall be paid. If the landlord fails to appoint such a representative or agent the landlord agrees that the tenant will be entitled to deduct, and hold for payment to the Inland Revenue, basic rate tax from the rent as may be required by the Finance Act 1995 or subsequent similar legislation as it relates to non UK resident landlords.





 



4. THE DEPOSIT



A 1. How the security deposit wiLL BE DEALT WITH



A 1.1 The deposit is held by :


(a) The Landlord as Stakeholder. The Landlord is a member of the My Deposits.


A 1.2 Any interest earned will belong to :


The Landlord


A 1.3 The Deposit may be taken for the following purposes:


(a) Any damage, or compensation for damage, to the premises 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.


(b) 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 premises, its fixtures and fittings.


(c) Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the property for which the tenant is liable.


(d) 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.


A 2. PROTECTION OF THE DEPOSIT


(this clause must be included in all Tenancy Agreements)


A 2.1 The deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by:


My Deposits


Ground Floor


Kingmaker House


Station Road


New Barnet


EN5 1NZ


 


(T) 0844(NNN) NNN-NNNN/p>

(F) 08456 34 34 03


Email: [email protected]


 








5. GENERAL All parties to this agreement should read these clauses



Re-instatement of property rendered uninhabitable











5.1



The landlord’s repairing obligations referred to in clause 3.3 shall not be construed as requiring the landlord to (a) carry out works or repairs for which the tenant is liable by virtue of his duty to use the premises in a tenant-like manner; (b) to rebuild or reinstate the premises in the case of destruction or damage by fire or by tempest, flood or other inevitable accident; or (c) to keep in repair or maintain anything which the tenant is entitled to remove from the premises.












5.2



The Contract (Rights of Third Parties) Act 1999 does not apply to this agreement.












5.3



This agreement is subject to all laws and statutes affecting assured shorthold tenancies. If a court decides that some part of the agreement is invalid or unenforceable, the rest of the agreement will still be valid and binding on all parties.




Service of Notices etc. by the Landlord or Agent











5.4



In accordance with section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962; if the landlord or his agent delivers a Notice or document (and retains reasonable evidence of that delivery) required to be served under this agreement or any Act of Parliament, to the premises (or the last known address of the tenant if different) by hand or sends it by recorded or registered delivery or by first class post, addressed to the tenant then the tenant will be treated as though they have received it.




Surrender of the tenancy by the tenant











5.5



Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that may include the landlord’s reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.












5.6




If the tenant wants to vacate the premises at the end of the initial fixed term (normally six months) then the tenant must provide a minimum of one month’s written notice to the landlord.




Stamp Duty











5.7



Both the landlord and tenant will be responsible for ensuring that, where appropriate, their own part of the tenancy agreement is Stamped by the Inland Revenue and pay any duty payable.





  • Forfeiture - Right of Re-entry



Important:


If either party to this agreement are unsure of their rights or require further


clarification of this clause they should consult a solicitor or their local Citizens Advice


Bureau.



The law (Protection from Eviction Act 1977) gives tenants protection against arbitrary or immediate termination of their rights of occupation and the law restricts a landlord’s rights, except in certain circumstances, to evict from, or prevent a tenant from living in, premises subject to an existing tenancy agreement without first obtaining a court order.



For the landlord to commence legal proceedings to repossess the premises based on a breach of the tenancy (where the tenant had failed to remedy the breach in good time), which might result in the court evicting the tenant or issuing a court



order terminating the tenancy earlier than might otherwise be lawful; the law requires that the tenancy agreement contains a Forfeiture clause, sometimes referred to as a Right of Re-entry. Clause 5.7 is such a clause.



For the avoidance of doubt:


In order to exercise his legal rights under this clause, 5.7, a landlord will first need to obtain a court order











5.8



If at any time the rent, or any part of the rent, shall remain unpaid for 14 days after becoming due, whether formally demanded or not, or if any major agreement or major obligation on the tenant’s part is not complied with, or if any of the circumstances mentioned in the following Grounds;



Ground 8. (that both at the time of notice of the intention to commence proceedings and at the time of the court proceedings there is (a) at least eight weeks rent unpaid where rent is payable weekly or fortnightly; (b) at least two months rent is unpaid if rent is payable monthly; (c) at least one quarters rent is more than three months in arrears if rent is payable quarterly; (c) at least three months rent is more than three months in arrears if rent is payable yearly), as set out in Part I of Schedule 2 to the Housing Act 1988 (as amended by the Housing Act 1996) or,


Ground 10. (that both at the time of notice of the intention to commence proceedings and at the time of the court proceedings there is some rent outstanding),


Ground 11. (that there is a history of persistently being behind with rent),


Ground 12. (that the tenant has broken one or more of his obligations under the tenancy agreement),


Ground 13. (that the condition of the premises or the common parts has deteriorated because of the behaviour of the tenant, or any other person living there),


Ground 14. (that the tenant or someone living or visiting the premises has been guilty of conduct which is, or is likely to cause, a nuisance or annoyance to neighbours; Or, that a person residing or visiting the premises has been convicted of using the premises, or allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence in or in the locality of, the premises),


Ground 15. (that the condition of the furniture has deteriorated because it has been ill treated by the tenant or someone living at the premises),


Ground 17. (that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant's instigation),



as set out in Part II of Schedule 2 to the Housing Act 1988 (as amended by the Housing Act 1996) shall arise, then the landlord may re-enter the property and the tenancy shall be terminated. Any such action will not restrict or limit any other legal rights, which the landlord may have in pursuing the tenant for breaches of the tenant’s obligations under this agreement.




6. DATA PROTECTION & CONFIDENTIALITY











6.1



Letting agents may share details about the performance of obligations under this agreement by the landlord and tenant; past, present and future known addresses of the parties, with each other, with credit and reference providers for referencing purposes and rental decisions; with Utility and Water Companies, local authority Council Tax and Housing Benefit departments, Mortgage lenders, to help prevent dishonesty, for administrative and accounting purposes, or for occasional debt tracing and fraud prevention. Under the Data Protection Act 1998 you are entitled, on payment of a fee which will be no greater than that set by statute, to see a copy of personal information held about you and to have it amended if it is shown to be incorrect.





 



7. SIGNATURES of the PARTIES



IMPORTANT



This agreement contains the terms and obligations of the tenancy. It sets out the promises made by the landlord to the tenant and by the tenant to the landlord. These promises will be legally binding once the agreement has been signed by both parties and then dated. You should read it carefully to ensure it contains everything you want and nothing that you are not prepared to agree to. Whilst every attempt has been made to compose this agreement using plain and intelligible language, it inevitably contains some legal terms or references. If either party does not understand this agreement, or anything in it, it is strongly suggested you ask for an explanation before signing it. You might consider consulting a solicitor, Citizens Advice Bureau or Housing Advice Centre.



The terms and conditions of this agreement include those special or additional clauses (if any) set out in section 8, overleaf.












SIGNED








By, or for and on behalf of, the Landlord(s)














SIGNED


















SIGNED















 













MORTGAGE: GROUND II



The landlord gives notice to the tenant that possession of the premises may be sought under Ground II of part of Schedule 2 of the Housing Act 1988 in that:-



The premises are subject to a mortgage granted before the beginning of the tenancy and the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and the mortgagee requires possession of the premises for the purpose of disposing of it in exercise of that power and a Court is satisfied that it is just and equitable to do so.



For the purpose of this Ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.




PETS EXCLUSION



The tenant agrees neither to keep any animals, birds, reptiles or rodents in or on the premises nor to allow his invited guests or visitors to do so. In breach of this clause to responsible for the costs or rectification of any damage caused or for any appropriate de-infestation, cleaning, fumigation etc., required.



SMOKING EXCLUSION



The tenant agrees neither to smoke in or on the premises nor to allow his invited guests or visitors to do so. In breach of this clause to responsible for the reasonable costs or rectification of any damage caused or for any appropriate cleaning, fumigation etc., required.




MUTUAL BREAK CLAUSE



Any time after months of the initial fixed term of this tenancy (or after a similar period following a fixed term extension to the original tenancy) the landlords may invoke this break clause by providing a minimum of two months written notice to the tenant, the tenants can invoke this break clause by providing a minimum of one months written notice to the landlord, from your rent due date which is the 1st of the month (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any terms and conditions of the agreement.



Tenants Contents Insurance


 


The Landlord grants the tenancy of the property to the named Tenant upon the condition that the Tenant holds insurance to protect the Tenant’s personal possessions which includes accidental damage caused by the Tenant to the furniture, fixtures and fittings at the property as described in the attached inventory.



a) The Tenant can arrange for contents insurance, at his expense via Rentshield Direct Insurance. Such a premium to be paid to Rentshield Direct prior to the commencement of the tenancy. To avoid being under insured the tenant must advise his insurer of the value of their contents. Tel: 0845(NNN) NNN-NNNNor visit www.rentshielddirect.com Quote Reference: PROPERTY VIBE LTD


OR:


 


b) The Tenant must provide the Landlord or his Agent with a copy of his current insurance schedule/certificate prior to the commencement of the tenancy detailing the cover held. name and address of the insurer, the policy number and the date of renewal.




At The End Of The Tenancy:


The Member must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the deposit


If there is no dispute the Member/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.


The Tenant should use try to inform the Member/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.


If, after 10 working days* following notification of a dispute to the Agent/Member 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 A 4.5 below) be submitted to the ICE for adjudication. All parties agree to co-operate with the adjudication.



The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses (insert numbers) above.





Continue overleaf if required . .



As a matter of good practice, and to help avoid misunderstandings or disputes later; where special or additional clauses have been inserted in this section, the parties should initial the bottom of this page






 



  • Pitch Black









* These time scales can be changed by agreement with the tenant in individual cases or by the contract used as standard by the agent.





 


 


 


 


 


 


ASSURED SHORTHOLD


TENANCY AGREEMENT



[This document should not be used to create a tenancy where the initial fixed term is to be for more than three years;


you should consult a Solicitor, as such an agreement must be created by Deed]





IMPORTANT




  • This agreement contains the terms and obligations of the tenancy. It sets out the promises made by the landlord to the tenant and by the tenant to the landlord. These promises will be legally binding once the agreement has been signed by both parties and then dated. You should read it carefully to ensure it contains everything you want and nothing that you are not prepared to agree to. Whilst every attempt has been made to compose this agreement using plain and intelligible language, it inevitably contains some legal terms or references.



If either party does not understand this agreement, or anything in it, it is strongly suggested you ask for an explanation before signing it. You might consider consulting a Solicitor, Citizens Advice Bureau or Housing Advice Centre.





If completing this Agreement by hand make sure all information inserted is readable


















The Name and Address of the Letting Agent (if any) who arranged this tenancy is :-





PROPERTY VIBE LTD


115 PORTSWOOD ROAD, SOUTHAMPTON, SO17 2FX



Company reg no : 07494031


MY DEPSOITS NUMBER :(NNN) NNN-NNNN/p>





PRESCRIBED INFORMATION


Housing Act 2004


A.1 This information is prescribed under the Housing Act 2004. That means that the two parties to the Tenancy Agreement must be made aware of their rights during and at the end of the Tenancy regarding the protection of and deductions from the Deposit.


A.1.1 Landlord Name: Mr. Y Khan


A.1.2 Actual address of the Deposit Holder: 123 St Marys Road, Southampton, SO14 0BJ



A.1.3 E mail address of the Deposit Holder: N/A A.1.4 Telephone number of the Deposit Holder: XXXXXXXXXXX /p>

A.1.5 Fax number of the Deposit Holder: N/A A.1.6 TENANTS NAMES: Mr. Andreas Manolis - 0035722591114


Mr. Constantinos Kentis - 0035799448090



A.1.7 Forwarding Address at the end of Tenancy: Chytron 7, Appartment 501, Nicosia, Cyprus, 1075


A.1.8 E mail address for Tenant: [email protected]


A.1.9 Mobile/Telephone number: 0035799448090


A.1.10 Fax number (if applicable)


Please provide the details requested in A.1.6 – 10 for other relevant persons (i.e. agent, guarantor paying the Deposit etc)


A.1.11 Deposit:


Deductions may be made from the Deposit according to clause 4 of the Tenancy Agreement attached. A leaflet explaining how the Deposit is protected by the Housing Act 2004 will be provided to the Tenant by the person holding the Deposit being Property Vibe LTD. The holder of the Deposit will register the Deposit with and provide other required information to the My Deposits within 14 days of the commencement of the Tenancy or the taking of the Deposit whichever is earlier and provide proof to the Tenant of compliance. If the holder of the Deposit fails to provide proof within 14 days the Tenant should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or other housing advisory service. The procedure for instigating a dispute regarding deductions from the Deposit at the end of the Tenancy are explained in clauses A2.1 – A2.10 shown below. No deductions can be made from the Deposit without written consent from both parties to the Tenancy Agreement.







Procedure for Dispute at the End of the Tenancy


A 2.1 When the Landlord and Tenant agree how the deposit should be returned, in full or in part, it must be paid back within 10 working days. Failure to return the Deposit within the specified period will be grounds for the Tenant to refer the matter directly to the Independent Case Examiner (“ICE”).


A 2.2 The Landlord /Agent must tell the Tenant within 10 working days of the end of the tenancy, (or as specified in the tenancy Agreement) if they propose to make any deductions from the deposit.


A 2.3 The tenants should make their best endeavours to inform the Agent/Member if they wish to raise a dispute about the deposit within 20 working days* after the lawful end of the tenancy and vacation of the property. The Member/Agent has a maximum of 10 working days* to resolve the dispute



A 2.5 The Agent, the Landlord or the Tenant can instigate a dispute by completing the Notification of Dispute form and submitting it to the ICE. The form can be downloaded from the website www.mydeposits.co.uk or be obtained directly from My Deposits at the address or telephone number specified in clause 4 of the attached Tenancy Agreement.


A 2.6 If the Landlord/Agent instigates a dispute they must send with the Notification of Dispute to the TDS the full Deposit, less any amounts already agreed by the parties and repaid. Where one of the parties to the Tenancy raises the dispute, the Landlord/Agent must send the Deposit or the balance in dispute together with the relevant evidence being a copy of the Tenancy Agreement, inventory and schedule of condition, any check in or check out report, correspondence and invoices or estimates within 10 days of being told that a dispute has been registered with the TDS whether or not the Landlord/Agent or the other party want to contest it. Failure to do so will not delay the adjudication but the TDS will take appropriate action to recover the Deposit and discipline the Landlord/Agent.


A 2.7 The sum in dispute must be remitted to My deposits within 10 days of being requested to do so, whether or not the parties wish the ICE to resolve the dispute.


A 2.8 The ICE will aim to resolve the dispute within 28 days of receiving the final documentation that is once all the evidence considered necessary has been gathered or requested and a suitable time period has been allowed for submission.


A 2.9 The TDS will pay out the money within 10 working days of the decision of the ICE or instruction of the court as appropriate.


A 2.10 The time-scale specified may be varied at the discretion of the ICE if he considers it necessary to seek legal or other expert advice, or in exceptional circumstances which affect the ability of either party to the Tenancy being able to provide information promptly.


[These time scales can be changed by agreement with the Tenant in individual cases or by the contract used as standard by the Agent].


A 2.11 The Landlord/Agent and the parties to the Tenancy must co-operate with the ICE in the consideration of the dispute and follow the recommendations of the ICE concerning the method of resolution of the dispute.


A 2.12 If one party raises a dispute with the TDS the TDS will contact the other party giving a right to reply within 10 days. If the other party fails to reply the TDS will make their adjudication and decision upon the information already held and find accordingly for the party raising the dispute.


A 2.13 If the Landlord or the Agent are unable to contact the Tenant despite making reasonable efforts to do so, or the Tenant is unable to contact the Landlord or the Agent despite making reasonable efforts to do so, action must be taken through the County Court system to get a judgement for the return of or deductions from the Deposit because the TDS are specifically excluded under the Statutory Instrument from adjudicating under these circumstances.


The Landlord confirms that the information is accurate to the best of his knowledge and belief and the Tenant has had the opportunity to examine the information.


The Tenant confirms he has been given the opportunity to examine this information. The Tenant confirms by signing this document that to the knowledge of the Tenant the information above is accurate to the best of the Landlord's knowledge and belief.



Signed by the Tenant:






Signed by agent on behalf of the Landlord:


______________________________________________________________________





DEFINITIONS The intention of providing this list of definitions is to help explain or clarify some terms or expressions that may be found in this tenancy agreement. It is not meant to be an exhaustive or complete list. In the event of a dispute, only a court can decide on a definitive interpretation or meaning of any clause, or of any part of this agreement.



















































































The premises


The premises include all, or any parts of the dwelling-house, gardens, paths, fences, boundaries or other outbuildings which form part of the let. Where the premises form only part of another property (e.g. in a block of flats), the letting includes the use, in common with others, of communal access ways and other similar facilities.



Binding Date



A tenancy agreement is not, technically, a legally binding contract until it has been “executed” by being Dated, after both parties (or their authorised representatives) have signed; although it might be possible for either party to take legal action against the other if they withdraw prior to this date.



Member



ICE



A person or persons who at any relevant time own, or have a formal interest in, the premises that gives them the right to possession of the premises.


The Independent Case Examiner for the dispute service limited.



Tenant



A person, or persons, who at any relevant time are entitled to occupy the premises under the terms of this tenancy agreement.



Joint and several liability



The expression joint and several liability means that jointly the tenants are liable for the payment of all rents and all liabilities falling upon the tenants during the tenancy as well as any breach of the Agreement. Individually each tenant is responsible for payment of all rent and all liabilities falling upon the tenant as well as any breach of the Agreement until all payments have been made in full. A maximum of four people can be such joint tenants.



Superior landlord



People, or persons, to whom the ownership or interest in the Leasehold premises might revert in the fullness of time, following the expiry of the term of any head, or superior, lease.



Head or Superior lease



Means a Lease (if any) under which the landlord himself holds, or owns the premises and which contains the obligations of which the landlord, or his tenants in turn, may be bound.



Fixtures and fittings



References to fixtures and fittings relate to any of the landlord’s furniture, furnishings, sanitaryware, decorative features, white goods, other equipment or any floor, ceiling or wall coverings and include anything listed in any Inventory and/or Schedule of Condition supplied.



The term or the tenancy



References to the term or the tenancy include any extension or continuation, or any statutory periodic tenancy which may arise following the end of the period set out in clause 1.9



(security) Deposit held as “agent for the landlord”



This means that at the end of the tenancy, the agent (subject to any other over-riding contractual arrangements) should follow the landlord’s instructions regarding the apportionment of deductions from the tenant’s deposit, e.g. for costs or compensation for damage, or for breaches of, or failure to comply with, the tenant’s obligations.



(security) Deposit held as “stakeholder”



This means that at the end of the tenancy, the two parties to the tenancy agreement should jointly agree on the apportionment of any deductions from the deposit, e.g. for costs or compensation for damage, or for breaches of, or failure to comply with, the tenant’s obligations. Any portion in dispute should not be paid over to, or taken by, either party until and unless mutual agreement is reached, or unless an appropriate third party makes a decision.



Consent of the landlord or his agent



Where the consent of the Landlord or his Agent is required for the tenant to carry out some action it is strongly recommended that where such consent is granted, the tenant obtain confirmation in writing so as to avoid misunderstandings or disputes at a later date.



Water charges



This includes charges, rates or costs relating to water, sewerage and environmental services



Utilities


This includes charges, rates or costs relating to telephone, gas, electricity, oil and Council Tax.



Stamp Duty





Masculine & feminine and singular & plural



Any reference to either one gender includes the other and any reference in the singular shall include the plural, if appropriate.



Agent


Any letting or managing agent, or any other duly authorised person, notified to the tenant, who is acting from time to time on behalf of the landlord.



Month / Monthly


Means a calendar month.



Inventory and or Schedule of Condition



This refers to any document prepared by the landlord, the agent or an inventory clerk and provided to the tenant detailing the landlord’s fixtures, fittings, furnishings, equipment etc., the decor and condition of the premises generally. Such a document may subsequently be relied upon at the end of the tenancy in assessing damage or compensation for damage (over and above fair wear & tear) and so should be checked carefully at commencement of the tenancy. Any significant mistakes, misdescriptions or other amendments should be notified to the landlord or his agent as soon as practicable after the tenancy starts. In order to avoid misunderstandings or disputes later, it is strongly recommended that this notification be in writing and a copy kept for future reference.






1 SUMMARY of CORE TERMS












1.1



Insert here, (only after this agreement has been signed by, or on behalf of, both parties) the binding DATE of this contract



09/09/2013













1.2



Name(s) of MEMBER(S) :











MR. Y KHAN












1.3



ADDRESS for MEMBER(s):











123 St Marys Road, Southampton, SO14 0BJ




IMPORTANT: - A landlord is required by law (for the purposes of sections 47 and 48 Landlord & Tenant Act 1987) to provide a tenant with his address when making written demands for rent and if that address is not in England and Wales, provide an address in England and Wales at which notices (including notices in proceedings) may be sent to or served on the landlord, by the tenant.



THEREFORE, Where the address for the landlord inserted at 1.3is not in England and Wales you must insert, in clause 1.4, an alternative address for the landlord (for the purposes of sections 47 and 48 Landlord & Tenant Act 1987), which is in England and Wales.











1.4



Alternative ADDRESS for Member (if applicable) :























1.5



Name(s) of TENANT(S) :











Mr. Constantinos Kentis - 0035799448090


Mr. Andreas Manolis - 0035722591114























1.6



ADDRESS of Tenant(s) :



 







 



CHYTRON 7, APARTMENT 501, NICOSIA, CYPRUS, 1075


Ayiou Gavriel 8 archangelos nicosia cyprus 2054

















1.7



ADDRESS of PREMISES to be LET :











FLAT 2, 123 St Mary’s Road, Southampton, SO14 0BJ












1.8



EXCLUSIONS from the Let premises (e.g. Garage or other outbuildings etc)











N/A













1.9



Initial TERM of the tenancy will be :



12 MONTHS












COMMENCEMENT date; from and including :



9TH September 2013












EXPIRY date; to and including :



8TH SEPTEMEBER 2014















1.10



RENT



£750.00



per Month


















Rent is payable in advance and is due upon the



9th



day of each rental period



and the first payment (or proportionate part) is to be made on or before the signing of this agreement.



 















1.11



Security Deposit



£1,125.00



To be paid on or before the signing of this agreement and is held by the Landlord as stakeholder.










2. TENANT’S OBLIGATIONS



PLEASE NOTE: These are the things that the tenant agrees to do or not to do. It is important for the tenant to understand what he must or must not do. If the tenant breaks, or does not comply with any of these obligations, the landlord may be entitled to claim damages or compensation from the tenant, or to seek other legal remedies against the tenant, including the possibility of eviction.



The tenant(s) agree(s) to the following:




  • General liabilities, services and utilities











2.1



As joint and several tenants to be responsible and liable for all obligations under this agreement












2.2



To pay the rent, whether formally demanded or not, and all other sums due to the landlord on time. Payments by other persons on behalf of the tenants will be considered as if payments from the tenants. The landlord reserves the right to charge interest (calculated from day to day) at 3% over the Bank of England base rate on late payments and the landlord may recover the interest as though it were rent.












2.3



To occupy the premises as the tenant’s only or principal home.












2.4



To be held liable for the fair net costs involved in carrying out repair and maintenance to the premises or its fixtures or fittings where such action is required as a result of negligence, or significant breach of this agreement, or mis-use, by the tenant or his invited guests or visitors.












2.5



To be responsible for payment of Council Tax (or any other similar charge replacing the Council Tax) during the tenancy in respect of the premises or, if the landlord pays it, to reimburse the landlord.












2.6



To be responsible for the payment of all associated charges in respect of the use and supply at the premises during the tenancy of any telephone service, of electricity, gas, oil and any other relevant fuels, water and environmental services etc.












2.7



Where the premises are served by a septic tank or cesspit, to be responsible for the reasonable costs of emptying or clearing such facilities, as required, during the tenancy.












2.8



To notify, at commencement of the tenancy, the local authority responsible for the collection of Council Tax and the suppliers of such services or utilities of the tenant’s liability for their charges and to have all such accounts transferred into the tenant’s name for the duration of the tenancy.












2.9



Where the tenant allows, either by default of payment or by specific instruction, the utility or other services to be cut off, either during, or at the end of the tenancy, to pay or be liable to pay, the costs associated with reconnecting or resuming those services.












2.10



Not to tamper, interfere with, alter or add to the gas, water or electrical installations or meters, either in or serving the premises.












2.11



Not to have or allow a key meter to be installed or any other meter which is operated by the insertion of coins, or a pre-paid card, or key, without the prior consent of the landlord or his agent which will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.12



Not to change the supplier of the domestic utilities or services referred to in the above clauses without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, the tenant undertakes to promptly provide the landlord or his agent with full details of the new supplier and account numbers etc. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.13



Not to change or transfer any existing telephone number at the premises without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, the tenant undertakes to promptly provide the landlord or his agent with the details of the new number and, at the request of the landlord, pay the telephone companies reasonable standard costs of storing the landlord’s number for re-use at the end of the tenancy. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.14



If the tenant brings into the premises any gas appliance(s), he must ensure they are safe to use and are properly connected to the appropriate pipework in the premises by a suitably qualified Corgi engineer and to immediately stop using and remove any such gas appliance which is, or becomes known to be, unsafe or dangerous to either the occupants or the premises.












2.15



Where the tenant is notified prior to commencement of the tenancy, in writing or by the provision of copy documents, of any agreements or restrictions contained in any superior or head lease affecting the premises which may bind the landlord (and his tenant) in the use or occupation of the premises, not to break such agreements or restrictions.












2.16



Not to use the premises, or knowingly allow it to be used, for illegal or immoral purposes and that includes the use of any illegal drugs which are or become prohibited or restricted by statute.












2.17



For the duration of the tenancy, to pay the appropriate terrestrial television licence fee, cable television or satellite television charges (if any) for the use of any television, or associated broadcast receiving equipment (if any) on the premises.












2.18



To use the premises only as a single private residence for the occupation of the tenant and not to carry on any formal or registered trade, business or profession there.












2.19



Not to sublet, take in lodgers or paying guests without the landlord or his agent’s prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.20



Not to assign the tenancy of the premises or any part of it without the landlord’s prior consent, which will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The tenant will be liable for the reasonable fees and expenses incurred by the landlord in arranging any assignment granted.












2.21



As quickly as is practical after receipt, to send to the landlord or his agent any formal or legal notice or orders or other similar document delivered to the premises by a third party which relate to, or might significantly affect, the premises, its boundaries or adjacent properties.












2.22



To pay, or be liable to pay, the reasonable net costs incurred by the landlord, or his agent or professional advisers, in successfully enforcing or remedying a notable breach of, or significant failure to comply with, the obligations of the tenant under this agreement.












2.23







  • Insurance



(For the avoidance of doubt, the tenant’s belongings, furnishings or equipment within the premises are his and are not covered by any insurance policy maintained by the landlord)











2.24



In the event of loss or damage by fire, theft, attempted theft, impact or other causes to the landlord’s premises or its contents, to promptly inform the authorities as appropriate and the landlord or his agent as soon as is practicable. Subsequently to provide, as soon as is practicable, full written details of the incident in order for the landlord or his agent to assess whether to make a claim on any relevant insurance policy.












2.25



Not to deliberately do anything, and to take reasonable and prudent steps not to allow anything to be done by invited guests or visitors, which leads to devastation, harm or ruin of the premises or its contents.












2.26



To reimburse the landlord for any excess sum, up to a maximum of £100, payable under the landlord’s insurance policy for each and any claim on the landlord’s policy resulting from any action or inaction on the part of the tenant, his invited visitors or guests in breach of this agreement.





  • Locks and Security











2.27



Before leaving the premises empty or unoccupied for any continuous period in excess of 14 days, to notify the landlord or his agent in advance and to fully co-operate and comply (and bear the fair cost of such compliance) with any reasonable requirements or conditions relating to the security or safety of the premises and its contents whilst being left empty or unoccupied.












2.28



Not to change any burglar alarm codes (if any) without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, to promptly provide the landlord or his agent with the relevant new code. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.29



Not to change, alter, add to or otherwise damage any locks or bolts on the premises (except in the case of an emergency) without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Where any new or additional locks or bolts are fitted to the property, to promptly provide the landlord or his agent with an appropriate set of keys.












2.30



If any lock or bolt is installed or changed on or in the premises without the prior consent of the landlord or his agent to remove them if so required by the landlord or his agent and be responsible for the fair costs of making good any resultant damage to the premises or spoilage of decoration.












2.31



To take adequate precautions to keep the premises, including its external doors and windows, locked and secured, and any burglar alarm set, when the premises are empty.












2.32



During the tenancy, to take such reasonable precautions expected of a householder to keep the premises free of infestation by vermin, rodents or animal fleas. Where such infestation occurs as the result of action or inaction on behalf of the tenants, to be responsible for the appropriate costs in fumigating and cleaning any affected parts as appropriate and for rectifying and or removing the causes of such an infestation.





  • Garden











2.33



Not to dig up, or cut down, any trees, shrubs or bushes or timber (if any), except with the landlord’s prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.34



To cut the grass (if any) of the premises with an appropriate garden mower as necessary from time to time to keep the grass in, or bring about, a neat and tidy condition. Furthermore, to keep the patio areas (if any), paths, garden areas, lawns, flower beds, shrubs or bushes and borders (if any) as tidy, weed free and cultivated, as at commencement of the tenancy.





  • Use of the premises, fixtures and fittings in a tenant like manner



These clauses should not be taken as an exhaustive list.











2.35



To take reasonable and proper care in the use of the premises, its fixtures and fittings and not to deliberately damage or alter the premises, its décor, fixtures and fittings either internally or externally.












2.36



At least once every nine-months of the tenancy to have any working chimneys, made use of by the tenant, swept by an appropriate person and retain a suitable record, receipt or invoice to demonstrate compliance with this clause.












2.37



To clean or have cleaned both internally and externally all reasonably accessible windows of the premises as necessary during the tenancy, and within one month prior to the end of the tenancy.












2.38



Where the tenant, his invited guests or visitors are responsible by any action for any cracked or broken windows or door glass on the premises, to promptly repair or replace such glass to the required specification and be liable for the costs involved.












2.39



To take care not to cause an overload of the electrical circuits by the inappropriate use of multi socket electrical adaptors or extension cables when connecting appliances to the mains electric system.












2.40



To take care to replace or have replaced appropriately, light bulbs, fluorescent tubes, fuses etc. as and when necessary during the tenancy and to ensure that all light bulbs, fluorescent tubes, fuses are in place and in working order at the end of the tenancy.












2.41



To test at regular intervals any battery operated smoke alarms fitted in the premises and replace any battery in an alarm, which is found not to be working. If the alarm is not working after the fitting of a new battery, to promptly inform the landlord or his agent.












2.42



To be responsible for unblocking or clearing stoppages in any sink, or basin, or toilet, or waste pipe which serve such fixtures if they become blocked with the tenant’s waste, or as a result of the actions or inactions of the tenant (or his invited visitors or guests) in breach of obligations under this agreement.









  • The premises, its fixtures and fittings











2.43



Not to alter the appearance or decoration or structure of the premises or its fixtures or fittings either internally or externally without first obtaining the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)












2.44



To take care not to put, or allow to be put, any damaging oil, grease or other harmful or corrosive substances into the washing or sanitary appliances or drains within the premises.












2.45



To notify the landlord or his agent as immediately as is practicable of any defect, damage or disrepair which develops or occurs at the premises which might be, or might reasonably be expected to become, a hazard or danger to life or limb or to the fabric of the premises itself. The tenant must not carry out or authorise repairs himself except to take reasonable steps in an emergency to restrict or diminish such immediate dangers or damage.












2.46



Not to keep on, or bring into the premises, any inflammable or other material or equipment (apart from properly stored fuel or similar material in quantities appropriate for normal domestic use) which might reasonably be considered to be a fire hazard, or otherwise dangerous to the premises or the health of its occupants or of the neighbours.












2.47



To take such reasonable and prudent precautions expected of a householder as may be required from time to time, but particularly between and including the months of November to February, to prevent damage by frost or freezing occurring to the premises, its fixtures or fittings.












2.48



Not to place or fix any aerial, satellite dish, or notice or advertisement or board onto the premises (either externally or internally) without first obtaining the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Where granted, the tenant will meet all costs of installation and subsequent removal and the reasonable costs of making good of any resultant damage or redecoration if so required by the landlord. The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.49



Not to do anything at the premises (including the playing of excessively loud music) which is a nuisance or annoyance or causes damage to the premises or adjacent or adjoining premises or neighbours or might reasonably be considered to be anti-social behaviour.












2.50



Not to remove from the premises any of the landlord’s fixtures or fittings, or to store them in a loft, basement, garage or outbuildings (if any) without obtaining the prior consent of the landlord or his agent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Where such consent is granted, to ensure that any such items are stored safely without damage or deterioration and at the end of the tenancy are returned, within reason, to the same places from which they were removed.












2.51



Not to fix or hang, any posters, pictures, photographs or ornaments to the walls or ceilings or woodwork with nails, glue, sticky tape, blu-tac or similar adhesive fixings other than solely with a reasonable number of commercially made picture hooks appropriate for the purpose and to make good at the end of the tenancy, or be liable for the fair costs of making good, any unreasonable damage or marks or holes caused by such fixings or their removal.












2.52



Not to store or keep on the premises or any communal car park any boat, caravan or commercial vehicle without the prior consent of the landlord or his agent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Such consent not to be unreasonably withheld. The landlord reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.












2.53



Not to repair cars, motorcycles, vans or other commercial vehicles at the premises apart from general maintenance, from time to time, to a vehicle of which the tenant is the registered keeper.












2.54



To take reasonable and prudent steps to adequately heat and ventilate the premises in order to help prevent condensation. Where such condensation may occur, to take care to promptly wipe down and clean surfaces as required from time to time to stop the build up of mould growth or damage to the premises, its fixtures and fittings.












2.55



Where the tenant clearly breaks, or fails to comply with, any of the obligations relating to looking after or the use and occupation of the premises set out under this agreement, the tenant agrees to carry out (at his own cost) any reasonable and necessary corrective measures or action within a maximum of four weeks, or within any alternative timescale agreed with the landlord or his agent, or earlier if urgency requires it, of being asked in writing to do so by the landlord or his agent. After that time, the landlord or his agent may notify the tenant that the landlord is arranging for the work to be done and in such circumstances the tenant agrees to be responsible and liable for the fair costs involved in those arrangements and for the carrying out of such works.





  • Access and Inspection (Co-operating with the landlord or his agent)











2.56



During the last two months of the tenancy, upon a minimum of 24 hours prior written notification, to permit the premises to be viewed during working hours and or at other reasonable times including at week-ends by prospective tenants or purchasers who are authorised to do so by the landlord or his appointed agent. Except where mutually agreed otherwise with the tenant, the landlord or his authorised agent or representative will accompany these viewing appointments.












2.57



During the last two months of the tenancy to permit, at the discretion of the landlord or his agent, a For Sale or To Let board to be displayed on the premises.












2.58



In order to comply with the requirements of the Party Walls etc. Act 1996 (but only upon appropriate formal written notice), to permit the owner of a neighbouring property, or their authorised workman or their professional advisors, access to the landlord’s premises in order to carry out any work required to the premises or their neighbouring property under the Party Walls etc. Act 1996.












2.59



To permit the landlord or his agent or authorised workman, from time to time upon a minimum of 24 hours prior written notification (except in the case of emergency), to enter the premises during working hours and or at other reasonable times including at week-ends, to inspect the premises, its fixtures and fittings, and to do work which might be required from time to time in order to fulfil obligations under this agreement or relevant legislation.





  • At the end of the tenancy











2.60



The Landlord will arrange for a professional clean of the property on your vacation which you are liable to pay for. However, you are to clean to (or pay for the cleaning to) a good standard, the premises, its fixtures and fittings, including the cleaning of any carpets, curtains (including net curtains), blankets, bedding, upholstery etc. which have become soiled, stained or marked during the tenancy. To provide, upon request, receipts to the landlord or his agent to demonstrate compliance with this clause.












2.61



To remove all the tenant’s refuse and rubbish from within the premises and to ensure that it is stored outside in proper receptacles and, where appropriate, make arrangements with the local authority or others for its prompt removal at the expense of the tenant.












2.62



To return all keys to the premises (including any new or additional or duplicate keys cut during the tenancy) to the landlord or his agent promptly on the last day of the tenancy.












2.63



Having replaced the landlord’s items in the same areas of the premises (as far as is practicable) as at commencement of the tenancy, to co-operate in the checking of any Inventory and or Schedule of Condition and to pay, or be liable to pay, for any previously agreed costs involved in the checking of any Inventory and or Schedule of Condition.












2.64



To remove all the tenant’s belongings, or property, or personal effects, or foodstuffs, or furnishings and equipment from the premises on, or before, the last day of the tenancy.












2.65



Any of the tenant’s belongings, or property, or personal effects, or foodstuffs or furnishings and equipment left behind at the premises will be considered abandoned if, after the end of the tenancy and after the expiry of 14 days written notice sent, addressed to the tenant, to the single address required to be provided by the tenant under clause 2.67 of this agreement or, in the absence of such an address, to the address of the premises subject to this tenancy given at clause 1.7, the tenant has not removed or retrieved them. After this time the landlord, or his agent, may remove, store or dispose of any such items as he sees fit. The tenant will remain liable for the fair costs of arranging such removal storage or disposal and such costs may be deducted from the sale proceeds (if any) or deposit and any surplus costs after such deduction will remain the liability of the tenant.












2.66



Where such items belonging to the tenant described in clause 2.61,2.64,2.65 above are of a bulky or unwieldy nature, (either individually or as a collection) which may inhibit, or unreasonably inconvenience the landlord or other persons immediate ability to comfortably occupy or make use of, or relet, or sell the premises, or any part of the premises, the landlord reserves the right to charge the tenant damages or compensation at a rate equivalent to the rent, calculated on a daily basis, until the items are removed, either by the tenant, or in line with clause 2.65.












2.67




To promptly provide as soon as is practicable just before or immediately at the end of the tenancy a forwarding or correspondence address to the landlord or his agent; for ease of administration and communication between the parties, including the processes involved in the return of the deposit.








3. LANDLORD’S OBLIGATIONS



PLEASE NOTE: These are the things that the landlord agrees to do or not to do. If the landlord breaks or does not comply with any of his obligations in this agreement or of his statutory obligations, the tenant may be entitled to claim damages or compensation from the landlord, or to seek other legal remedies against the landlord.



The landlord agrees to the following :











3.1



To keep the premises and the landlord’s contents (if any) insured for such sums and on such terms as the landlord feels appropriate against fire and other risks normally covered by a comprehensive household policy and any other such risks as the landlord considers necessary from time to time.












3.2



Not to interrupt or interfere with the tenant’s lawful occupation, enjoyment or use of the premises other than in an emergency or in the normal and lawful process of exercising or implementing the landlord’s rights and obligations under this agreement and having provided at least a minimum of 24 hours prior written notification.












3.3



To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior (including drains, gutters and external pipes) of the premises; to keep in repair and proper working order the installations in the premises for supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of water, gas or electricity); to keep in repair and proper working order the installations in the premises for space heating and heating water. In determining the standard of repair required by the landlord under this clause, regard shall be had to the age, character and prospective life of the premises and the locality in which it is situated.












3.4



Where the landlord supplies a working burglar alarm with the premises at commencement of the tenancy; to keep it in working order and repair, but only where such a repair is not caused by negligence or mis-use by the tenant, his invited guests or visitors.












3.5



To take reasonable steps to ensure that the landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlords obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc., (Safety) Regulations 1994.












3.6



The landlord confirms that he is the sole or joint owner of the leasehold or freehold interest in the premises and that all appropriate consents necessary for him to sign this agreement have been obtained.












3.7



Where the landlord’s normal place of abode is not in the United Kingdom he agrees to nominate a representative or appoint an agent to whom the rent due under this agreement shall be paid. If the landlord fails to appoint such a representative or agent the landlord agrees that the tenant will be entitled to deduct, and hold for payment to the Inland Revenue, basic rate tax from the rent as may be required by the Finance Act 1995 or subsequent similar legislation as it relates to non UK resident landlords.







4. THE DEPOSIT



A 1. How the security deposit wiLL BE DEALT WITH



A 1.1 The deposit is held by :


(a) The Landlord as Stakeholder. The Landlord is a member of the My Deposits.


A 1.2 Any interest earned will belong to :


The Landlord


A 1.3 The Deposit may be taken for the following purposes:


(a) Any damage, or compensation for damage, to the premises 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.


(b) 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 premises, its fixtures and fittings.


(c) Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the property for which the tenant is liable.


(d) 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.


A 2. PROTECTION OF THE DEPOSIT


(this clause must be included in all Tenancy Agreements)


A 2.1 The deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by:


My Deposits


Ground Floor


Kingmaker House


Station Road


New Barnet


EN5 1NZ


 


(T) 0844(NNN) NNN-NNNN/p>

(F) 08456 34 34 03


Email: [email protected]


 








5. GENERAL All parties to this agreement should read these clauses



Re-instatement of property rendered uninhabitable











5.1



The landlord’s repairing obligations referred to in clause 3.3 shall not be construed as requiring the landlord to (a) carry out works or repairs for which the tenant is liable by virtue of his duty to use the premises in a tenant-like manner; (b) to rebuild or reinstate the premises in the case of destruction or damage by fire or by tempest, flood or other inevitable accident; or (c) to keep in repair or maintain anything which the tenant is entitled to remove from the premises.












5.2



The Contract (Rights of Third Parties) Act 1999 does not apply to this agreement.












5.3



This agreement is subject to all laws and statutes affecting assured shorthold tenancies. If a court decides that some part of the agreement is invalid or unenforceable, the rest of the agreement will still be valid and binding on all parties.




Service of Notices etc. by the Landlord or Agent











5.4



In accordance with section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962; if the landlord or his agent delivers a Notice or document (and retains reasonable evidence of that delivery) required to be served under this agreement or any Act of Parliament, to the premises (or the last known address of the tenant if different) by hand or sends it by recorded or registered delivery or by first class post, addressed to the tenant then the tenant will be treated as though they have received it.




Surrender of the tenancy by the tenant











5.5



Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that may include the landlord’s reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.












5.6




If the tenant wants to vacate the premises at the end of the initial fixed term (normally six months) then the tenant must provide a minimum of one month’s written notice to the landlord.




Stamp Duty











5.7



Both the landlord and tenant will be responsible for ensuring that, where appropriate, their own part of the tenancy agreement is Stamped by the Inland Revenue and pay any duty payable.





  • Forfeiture - Right of Re-entry



Important:


If either party to this agreement are unsure of their rights or require further


clarification of this clause they should consult a solicitor or their local Citizens Advice


Bureau.



The law (Protection from Eviction Act 1977) gives tenants protection against arbitrary or immediate termination of their rights of occupation and the law restricts a landlord’s rights, except in certain circumstances, to evict from, or prevent a tenant from living in, premises subject to an existing tenancy agreement without first obtaining a court order.



For the landlord to commence legal proceedings to repossess the premises based on a breach of the tenancy (where the tenant had failed to remedy the breach in good time), which might result in the court evicting the tenant or issuing a court



order terminating the tenancy earlier than might otherwise be lawful; the law requires that the tenancy agreement contains a Forfeiture clause, sometimes referred to as a Right of Re-entry. Clause 5.7 is such a clause.



For the avoidance of doubt:


In order to exercise his legal rights under this clause, 5.7, a landlord will first need to obtain a court order











5.8



If at any time the rent, or any part of the rent, shall remain unpaid for 14 days after becoming due, whether formally demanded or not, or if any major agreement or major obligation on the tenant’s part is not complied with, or if any of the circumstances mentioned in the following Grounds;



Ground 8. (that both at the time of notice of the intention to commence proceedings and at the time of the court proceedings there is (a) at least eight weeks rent unpaid where rent is payable weekly or fortnightly; (b) at least two months rent is unpaid if rent is payable monthly; (c) at least one quarters rent is more than three months in arrears if rent is payable quarterly; (c) at least three months rent is more than three months in arrears if rent is payable yearly), as set out in Part I of Schedule 2 to the Housing Act 1988 (as amended by the Housing Act 1996) or,


Ground 10. (that both at the time of notice of the intention to commence proceedings and at the time of the court proceedings there is some rent outstanding),


Ground 11. (that there is a history of persistently being behind with rent),


Ground 12. (that the tenant has broken one or more of his obligations under the tenancy agreement),


Ground 13. (that the condition of the premises or the common parts has deteriorated because of the behaviour of the tenant, or any other person living there),


Ground 14. (that the tenant or someone living or visiting the premises has been guilty of conduct which is, or is likely to cause, a nuisance or annoyance to neighbours; Or, that a person residing or visiting the premises has been convicted of using the premises, or allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence in or in the locality of, the premises),


Ground 15. (that the condition of the furniture has deteriorated because it has been ill treated by the tenant or someone living at the premises),


Ground 17. (that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant's instigation),



as set out in Part II of Schedule 2 to the Housing Act 1988 (as amended by the Housing Act 1996) shall arise, then the landlord may re-enter the property and the tenancy shall be terminated. Any such action will not restrict or limit any other legal rights, which the landlord may have in pursuing the tenant for breaches of the tenant’s obligations under this agreement.




6. DATA PROTECTION & CONFIDENTIALITY











6.1



Letting agents may share details about the performance of obligations under this agreement by the landlord and tenant; past, present and future known addresses of the parties, with each other, with credit and reference providers for referencing purposes and rental decisions; with Utility and Water Companies, local authority Council Tax and Housing Benefit departments, Mortgage lenders, to help prevent dishonesty, for administrative and accounting purposes, or for occasional debt tracing and fraud prevention. Under the Data Protection Act 1998 you are entitled, on payment of a fee which will be no greater than that set by statute, to see a copy of personal information held about you and to have it amended if it is shown to be incorrect.







7. SIGNATURES of the PARTIES



IMPORTANT



This agreement contains the terms and obligations of the tenancy. It sets out the promises made by the landlord to the tenant and by the tenant to the landlord. These promises will be legally binding once the agreement has been signed by both parties and then dated. You should read it carefully to ensure it contains everything you want and nothing that you are not prepared to agree to. Whilst every attempt has been made to compose this agreement using plain and intelligible language, it inevitably contains some legal terms or references. If either party does not understand this agreement, or anything in it, it is strongly suggested you ask for an explanation before signing it. You might consider consulting a solicitor, Citizens Advice Bureau or Housing Advice Centre.



The terms and conditions of this agreement include those special or additional clauses (if any) set out in section 8, overleaf.












SIGNED








By, or for and on behalf of, the Landlord(s)














SIGNED


















SIGNED



























MORTGAGE: GROUND II



The landlord gives notice to the tenant that possession of the premises may be sought under Ground II of part of Schedule 2 of the Housing Act 1988 in that:-



The premises are subject to a mortgage granted before the beginning of the tenancy and the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and the mortgagee requires possession of the premises for the purpose of disposing of it in exercise of that power and a Court is satisfied that it is just and equitable to do so.



For the purpose of this Ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.




PETS EXCLUSION



The tenant agrees neither to keep any animals, birds, reptiles or rodents in or on the premises nor to allow his invited guests or visitors to do so. In breach of this clause to responsible for the costs or rectification of any damage caused or for any appropriate de-infestation, cleaning, fumigation etc., required.



SMOKING EXCLUSION



The tenant agrees neither to smoke in or on the premises nor to allow his invited guests or visitors to do so. In breach of this clause to responsible for the reasonable costs or rectification of any damage caused or for any appropriate cleaning, fumigation etc., required.




MUTUAL BREAK CLAUSE



Any time after months of the initial fixed term of this tenancy (or after a similar period following a fixed term extension to the original tenancy) the landlords may invoke this break clause by providing a minimum of two months written notice to the tenant, the tenants can invoke this break clause by providing a minimum of one months written notice to the landlord, from your rent due date which is the 1st of the month (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any terms and conditions of the agreement.



Tenants Contents Insurance


 


The Landlord grants the tenancy of the property to the named Tenant upon the condition that the Tenant holds insurance to protect the Tenant’s personal possessions which includes accidental damage caused by the Tenant to the furniture, fixtures and fittings at the property as described in the attached inventory.



a) The Tenant can arrange for contents insurance, at his expense via Rentshield Direct Insurance. Such a premium to be paid to Rentshield Direct prior to the commencement of the tenancy. To avoid being under insured the tenant must advise his insurer of the value of their contents. Tel: 0845(NNN) NNN-NNNNor visit www.rentshielddirect.com Quote Reference: PROPERTY VIBE LTD


OR:


 


b) The Tenant must provide the Landlord or his Agent with a copy of his current insurance schedule/certificate prior to the commencement of the tenancy detailing the cover held. name and address of the insurer, the policy number and the date of renewal.




At The End Of The Tenancy:


The Member must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the deposit


If there is no dispute the Member/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.


The Tenant should use try to inform the Member/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.


If, after 10 working days* following notification of a dispute to the Agent/Member 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 A 4.5 below) be submitted to the ICE for adjudication. All parties agree to co-operate with the adjudication.



The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses (insert numbers) above.





Continue overleaf if required . .



As a matter of good practice, and to help avoid misunderstandings or disputes later; where special or additional clauses have been inserted in this section, the parties should initial the bottom of this page








  • Pitch Black









* These time scales can be changed by agreement with the tenant in individual cases or by the contract used as standard by the agent.



Alex Watts :

Have you informed the Council? What has the Landlord said please?

Customer:

hello,

Customer:

we have contacted verbally and always promises to fix but no results. How can we contact the council?

Customer:

thank you

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf


The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

Alex Watts :

You can consider this a very big breach and sue for your losses and deposit and move out straight away.

Alex Watts :

Please remember to take a moment to leave feedback before you go today

Customer:

actually we don't have any personal/material losses, our problem is the living conditions which are very poor in the apartment. is not healthy for our son to live in it (he has the flu all the time), when is raining the water is coming in the flat (living room and the bedrooms). What I want is: not to pay landlord the rent for (jan, feb and march) not claim the deposit and move out on March? how do I do this?

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
You just refuse to pay, set out your reasons why and sue the landlord if he refuses to return the deposit.

Alex