Tenancy Agreement

Important: this tenancy agreement is a binding document. before agreeing to it you should read it carefully to ensure that it contains everything you do want and nothing UNACCEPTABLE TO you. If you do not understand this agreement or anything in it, it is strongly suggested you ask for it to be explained to you before you sign it.

The agreement is made between Sarah Mayers of 35 Quentin Rd (‘the Landlord’) and the tennant/s.

Particulars

The Property: The house known as The Old Granary SY21 0LE

Definitions and Interpretation

Definitions In this agreement

‘the Contents’ means the furniture and other items set out in the attached inventory which are let with the Property under this agreement;
‘the Property’ means the house described in the Particulars;
‘the Rent’ means the rent set out in the Particulars;
‘the Term’ means the period for which the Property is let under this agreement as specified in the Particulars, including any subsequent period when the Tenant remains in the Property or extension or continuance of that period by law.

Interpretation

Where the Landlord or the Tenant consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this agreement and not just a proportionate part)5.
Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa, and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.

Holiday Letting

This agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9. The Tenant acknowledges that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise on the determination of the Term.

Agreement to Let

The Landlord agrees to let and the Tenant agrees to take the Property with the Contents for the Term at the Rent.

Compliance with Agreement

The Tenant and the Landlord agree with each other to comply with the requirements of this agreement.

Rent and Interest

Obligation to pay

The Tenant must pay the Rent during the Term payments of the agreed amount to the Landlord, the first payment being made on 28 days before occupation.

Interest on sums not paid

The Tenant must pay interest at the Interest Rate on any rent or other payment lawfully due under this agreement that is not received by the Landlord by [7 days] after the payment was due. This interest is payable from the date on which payment of the rent or other payment was due to the date of actual payment, both before and after any court judgement.

Outgoings

The Tenant’s Obligations

The Tenant must pay all charges relating to telephones

The Landlord’s Obligations

The Landlord must pay all other charges and any rates or taxes levied in respect of the Property.

Condition of the Property

The Landlord’s Obligations

The Landlord must comply with the Landlord and Tenant Act 1985 Section 11 as to his responsibility for repairs in the Property.

Alterations

The Tenant must not damage or injure the Property, make any addition to the Property, unite the Property with any adjoining premises, or make any alteration to the Property or to the services or service media in the Property.

Contents

The Tenant must maintain the Contents and keep them in good condition [(except to the extent their condition deteriorates as a result of fair and ordinary use)], must make sure they are not damaged and must not take any of them away from the Property.

Rights of Entry

The Tenant must allow the Landlord, with any necessary contractors and workmen only in the event of emergency at any time without notice13, causing as little inconvenience to the Tenant as reasonably practicable and making good any damage caused to the Property and the Tenant’s property for the following purposes:

Dealings

This agreement is personal to the Tenant. The Tenant must not assign, sublet or part with or share possession of the Property or any part of it.

Use and Nuisance

Residential Holiday Use

The Tenant must use the Property for the purpose of a private holiday residence for a maximum of [12] persons only and not for any other purpose.

Nuisance

The Tenant must not do anything on the Property that may reasonably be considered to be a nuisance or annoyance to the Landlord or the owners or occupiers of adjacent or neighbouring property.
Auctions, trades and immoral purposes
The Tenant must not use the Property or allow it to be used for any auction sale, any dangerous, noisy or offensive activity, or any illegal or immoral act or purpose, and must not carry on any commercial activity on it.

Pets

The Tenant must not keep or allow any animal, bird or reptile at the Property with the Landlord’s prior written consent.

Noise

The Tenant must not play any musical instrument or device and must not allow noise from any machine or equipment to be heard outside the Property in such manner that may cause a disturbance after 2300 hours or before 0800 hours on any day.

Costs of Enforcement

The Tenant must pay the Landlord’s reasonable costs, fees, charges, disbursements and expenses properly incurred in relation to or incidental to recovery or attempted recovery of arrears of rent or other sums due under this agreement.

Giving Back Possession at the End of Term

Giving Back Possession

The Tenant must hand over to the Landlord all keys by 1200 noon on the date the Term ends and give vacant possession of the Property and the Contents back to the Landlord clean, tidy and in accordance with the provisions of this agreement, and with the various items of furniture and other items left in the places in which they were situated at the beginning of the Term.

Items left

The Tenant will be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left in the Property at the end of the Term. The Landlord will remove and store the items for a maximum of one month. The Landlord will notify the Tenant that this has been done at the Tenant’s last known address. If the items are not collected within one month, the Landlord may dispose of the items and the Tenant will be liable for the reasonable costs of disposal. The costs may be deducted from any sale proceeds or the Deposit and if there are any costs remaining they will remain the Tenant’s liability.

Non-Disturbance

The Landlord must permit the Tenant peaceably to hold and enjoy the Property during the tenancy created by this agreement without any interruption or disturbance from or by the Landlord or any person claiming under or in trust for him.

Insurance

The Landlord’s obligation to insure

The Landlord must keep the Property and the Contents [but not the Tenant’s personal property] insured against damage or destruction by fire and other usual risks for the full cost of rebuilding and reinstating the Property and replacing the Contents unless the insurance is rendered void or made invalid by any act of the Tenant or anyone under his control.

Tenant’s obligations as to insurance

The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance taken out by the Landlord in relation to the Property and the Contents may become void or voidable or invalidated or by which the rate of premium on the policy may be increased.

Recovery of Possessions

Events Concerned

The Landlord’s rights under this clause 17 RECOVERY OF POSSESSION arise if and whenever during the Term:
the Rent is unpaid for [14 days] after becoming due, whether formally demanded or not; or
there is a breach by the Tenant of any obligation or other term of this agreement.

Application for possession

If and whenever during the Term any of the events referred to in clause 17.1 EVENTS CONCERNED occurs, the Landlord may commence proceedings to obtain a court order to recover possession from the Tenant and re-enter the Property subject:
In the case of unpaid rent to the Tenant’s right to relief on payment of the arrears and costs; and
in the case of a breach of any obligation other than to pay rent, to his obligations to serve notice on the Tenant specifying the breach complained of, requiring its remedy if it is capable of remedy, and requiring the Tenant to pay compensation in any case, and to allow the Tenant a reasonable time to remedy a breach that is capable of remedy.

Effect of order for possession

On the making of a court order for possession the tenancy created by this agreement shall cease absolutely, but this shall not affect any rights or remedies that may have accrued to the Landlord against the Tenant or to the Tenant against the Landlord in respect of any breach of this agreement, including the breach in respect of which the possession is ordered.

Landlord’s Details

The Tenant is notified for the purposes of the Landlord and Tenant Act 1987 Sections 47 and 48 that the name and address of the Landlord is Sarah Mayers that the name and address of the Landlord in the United Kingdom is 35 Quentin Road, London SE13 5DQ and that the name and address of the receiver of rent is Sarah Mayers.