Tenancy Agreement

An Assured Shorthold Tenancy provides the Landlord guaranteed possession of their property and is used when renting houses or apartments to families or sharers.

Warning The Tenancy Deposit Legislation is changing. These changes benefit the Tenant and not the Landlord with new penalities for non compliance

Tenancy Life Cycle Flowchart

Full list of documents available see

New to Letting? Need help see above

Documents Starting a Tenancy (Vetting, Inventory, Permissions)		Members Help Producing Tenancy Agreements
Lodgers, Licences & Company Lets		Vetting & Tenant Referencing & Credit Check
Tenancy Agreements and Rent Related Questions		Renewing a Tenancy Agreement - the options
Renting to Tenants on Local Housing Allowance (DSS)		Renting to Sharers & Joint Tenancy
Joint Tenancy a named party wishes to leave & others stay		Tenancy Deposits & Prescribed Information
The Basics - What is an AST?		Guarantors the Benefits

How can we help you today?

Non Members

Preview Tenancy Agreement
Upgrade to MS Word version with Prescribed Information & Guarantor Option Only £4.95 click here
More Information about Tenancy Starter Pack
I would like to Join click here

Members

Produce Personalised Tenancy Agreement
Mail merge the Tenancy Starter Pack
How do I Add Tenants Details
If in doubt call the members' helpline
Documents included in theTenancy Starter Pack

Frequently asked Questions

What does the Tenants Credit Score mean?
How do I add a Break Clause to the Tenancy Agreement
I want to replace one party to the Tenancy Agreement see Surrender in part a party to an AST wants to leave
The council are paying the Tenancy deposit should I be weary?
Signing the Tenancy agreement
How long should I make the Tenancy for?
Who and why should the AST be witnessed
What other Hints & Tips Starting a Tenancy
What is a Move in Check List
What are the best ways to vet my Tenant?
What are the problems with accepting more than one months rent in advance

( Easy to follow instructions how to complete the Tenancy Agreement click here )

ASSURED SHORTHOLD TENANCY AGREEMENT: ENGLAND AND WALES

Complete as follows

#THE PARTIES		MS Word version only £4.95
Between – The “Landlord” The Tenants are hereby notified that notices (including notices in proceedings) must be served on the Landlord by Tenants at the following address.		The Address of Landlord or Agent MUST be in England or Wales see Section 48 If you live in the premises use Lodger Agreement If renting to a Company use - Company Tenancy Agreement

And The “Tenant ” (note that under an AST a maximum of 4 Tenants is permitted)		If renting to three or more sharers, in future you may need planning permission read more No person under 18 can sign a Tenancy. Name all Tenants, in law they shall be "joint and severally responsible" for the Tenancy Have all Tenants complete a Tenancy Application Form Included in the Tenancy Starter Pack

And (if applicable) The “Guarantor” Where there is a Guarantor, add their full name and address. The signing of this Agreement must then be witnessed		It is wiser to always ask for a Guarantor? If a Tenant is in rent arrears or causes damage to the property, more often than not Landlords DO NOT recover their losses unless they have a guarantor see Rent Arrears Guarantors and Tenancy Agreements We ask for "Guarantor details" on the Tenancy Application Form this form is also included in the Tenancy Starter Pack
#THE PROPERTY		MS Word version only £4.95
Relating to The “Property” including, if applicable, the Landlord’s possessions listed in the “Inventory”		PROPERTY ADDRESS If renting a room you MUST specify Room 1, where not numbered First Floor room front of the house etc

The Property is supplied		HELP Furnished or Unfurnished

The Property being let is
#THE TERM		MS Word version only £4.95
For the “Term” of		Specify 6, 12, 26 Ideally, the first tenancy should be no longer than 6 months, where longer, consider inserting a Break Clause- The Tenancy can be no more than 3 years in Length unless a deed and witnessed

The “Commencement” – (subject to vacant possession being available)		Confirm you have cleared Funds before you issue keys

“Expiry” on (but continuing thereafter by virtue of statute, until notice is given and vacant possession is returned to the Landlord)		DATE ENDS If 12 months add one year then minus 1 day. So if starts 15th as above would end on the 14th January 2012 Always issue a Section 21 Notice after the start of every Tenancy. Why? Included in the Tenancy Starter Pack What do I do if the Tenant refuses to leave at the end of the Tenancy Agreement? more.
#THE PAYMENTS		MS Word version only £4.95
The “Administration Fee” for entering into this tenancy is		£ Optional should be no more than reasonable costs of starting the Tenancy, approx £150 HELP see admin fee

The “Rent” is		£ example 995 per The greatest threat to Landlords is non payment of rent see Rent Arrears Guide What rent should you charge? more

The “Rent Payment Day” Payable in advance on the		Rent Payment Day (E.G. 1st Sunday) of every Always ask the Tenant to complete a Standing Order Form. Included in the Tenancy Starter Pack
#THE DEPOSIT		MS Word version only £4.95

The Tenant must pay a “Deposit” of (Where no Deposit is received write “NIL”)		£ amount paid or NIL HELP The 2004 Housing Act requires that you must protect a Tenants' Deposit and provide the tenant and any other person who paid the deposit Legal information.

The “Deposit Scheme” if applicable is		Select as specified on the Agreement HELP see Tenants Deposits

The “Lead Tenant” Where there is more than one Tenant, the person nominated to act on behalf of you all jointly and individually when dealing with the Deposit will be the first named person on the tenancy (in accordance with clause 2.4)		HELP see Lead Tenant

If the Agreement is signed today but commences at a later date then the signing should be witnessed

Payment Obligations and Tenancy Deposits Clause are as follows

These are sections 1 & 2 of 9 of the TENANCY AGREEMENT

1. Rent and other charges MS Word version only £4.95

Following the Commencement of this Agreement, and until it is legally ended in accordance with the rules stipulated below, the Tenant is obliged to pay the Rent in full and on the dates agreed as well as other applicable charges including Council Tax

1.1. The Rent must be paid in advance on the Rent Payment Day specified in this Agreement. If the Rent is late, the Landlord can charge interest at 3% above the Bank of England base rate and interest will be charged until the date full payment is received.

1.2. Obligations/liabilities of more than one person shall be “joint and several” (which means that, for example, they will each be liable for all sums due under this Agreement and not just for a proportionate part of it)

1.3. If Rent is received from a third party that will be accepted from them as the Tenant’s agent. The Landlord will not intend to create a tenancy with any person who pays Rent on the Tenant’s behalf

1.4. Unless otherwise agreed in writing by the Landlord, The Tenant must arrange to be billed, for and pay charges in respect of water sewerage and environmental charges for the property, and to pay for utility supplies consumed and the television licence fee for the property. The Tenant agrees to remain liable for these items after the Expiry of this Agreement until the tenancy has legally ended. Where the Tenant allows, either by default of payment or specific instruction, the utility or other services to be cut off, whether during or at the end of the tenancy, the Tenant is to pay, or be liable to pay, the costs associated with reconnecting or resuming those services.

TIP Inform suppliers when the Tenant Moves see People to Inform

1.5. The Tenant will be liable for Council Tax unless the property is a HMO, only then will the Landlord be liable.

1.6. Rent Increase- The Landlord may increase the Rent after the Expiry of the fixed term of the Agreement by giving the Tenant at least one months' notice in writing prior to a Rent Payment Day specifying the amount of the new rent. The Landlord will not increase the Rent during the fixed term of the tenancy.

1.7. The Tenant does not need to pay Rent for any day during which the Property is uninhabitable. This does not apply if the Property is uninhabitable because the Tenant or their guests or family did something (or failed to do something) which invalidated the Landlord’s insurance policy in respect of the Property.

1.8. If the Tenant is in breach, then they may be liable to pay the Landlords reasonable costs that include VAT: If the Landlord has to send a letter because the Tenant has broken the Agreement (including owing rent) a cost not exceeding £25; Costs for any payment that does not clear is recalled or fails a cost not exceeding £30; for a Section 8 Housing Act 1988 notice because of a breach of this Agreement a cost not exceeding £50 if the Tenant does not respond to the notice, and as a result the Landlord has to visit the Tenant at the Property, a cost not exceeding £50; if the Landlord has genuine reasons for believing that the Tenant has abandoned the Property and has to visit the Property and make enquiries of neighbours and authorities a cost not exceeding £50.

1.9. Any other reasonable costs or losses suffered by the Landlord resulting from conduct of or damage caused by the Tenant or any person they have invited into the Property or who is permitted to live there

2. Only Where a Deposit is received

It will be registered with one of the Government authorised tenancy Deposit Schemes and held in accordance with the rules of that scheme (the “TDS Rules”). Full details of the Deposit Scheme will be notified to the Tenant as an addendum to this Agreement.

2.1. The Tenant is not entitled to any interest in respect of the Deposit unless the Deposit Scheme rules so provide.

2.2. Subject to the Deposit Scheme rules, the Deposit is held to pay for any financial loss suffered by the Landlord because of the breach of any Tenant obligation outlined under this Agreement including non-payment of Rent or utility/Council Tax bills, damage to the Property or any of the items listed on the Inventory.

2.3. Subject to the TDS Rules, the Landlord will return the Deposit, within 10 days. Before the Deposit is refunded, the Tenant must be able to demonstrate that bills for charges for which they were liable for the duration of the tenancy, have been paid. If there is a disagreement and we cannot agree any of these amounts, the matter will be decided by the county court or dealt with in accordance with the TDS Rules.

2.4. The Lead Tenant– Where there are, multiple Tenants the first named shall be the representative to act on behalf of you all jointly and individually when dealing with the Deposit. Another of you can replace the Lead Tenant, so long as we are notified in writing by a majority of you. If no Lead Tenant is specified then the first or only named Tenant shall be the Lead Tenant.

2.5. The Tenant should provide the Landlord with a forwarding address at the end of the tenancy to enable the return of the Deposit, by cheque, to the Lead Tenant. Where the Deposit is paid by a third party their address must be provided so, the Deposit may be returned to them.