Sample ASTA

(a) The Landlord has agreed that the Tenant shall pay to the Landlord for the period of [ ] to [ ] ([ ] week(s) and [ ] day(s)) a discounted Rent of 100% of the weekly Rent for non-occupation of the Property;

(b) The Landlord has agreed that the Tenant shall pay to the Landlord for the period of [ ] to [ ] ([ ] week(s) and [ ] day(s))the full weekly Rent amount, whether the Property is occupied or not.

1. INTERPRETATION

The following definitions and rules of interpretation apply in this agreement.

1.1 Definitions:

Advanced Rent

the sum of £99.00 referred to in the Payment Schedule and clause 4.2 below.

Contents

the furniture, furnishings and any other items set out in the Inventory and Schedule of Condition.

Charges Schedule

The Charges Schedule attached to this agreement.

Energy Performance Certificate

a certificate as defined in regulation 2(1) of the EPC Regulations.

EPC Regulations

Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118).

First Rent Payment Date

[DATE]

HA 1988

Housing Act 1988.

Insured Risks

means fire, explosion, lightning, earthquake, storm, flood, bursting and overflowing of water tanks, apparatus or pipes, impact by aircraft and articles dropped from them, impact by vehicles, riot, civil commotion and any other risks against which the Landlord decides to insure from time to time and Insured Risk means any one of the Insured Risks.

Interested Persons: means process servers, enforcement officers, bailiffs, local authorities, utility providers, debt collectors and judgment creditors and their legal advisers or agents.

Inventory and Schedule of Condition

the list of Contents and description of the condition of the Property attached to this agreement and signed by the parties.

Lawful Occupiers

those persons listed in the Schedule 1 .

LTA 1985

Landlord and Tenant Act 1985.

Property

[ADDRESS].

Recommendation Report

a report as defined in regulation 4 of the EPC Regulations.

Total Weeks

[ ] week(s) and [ ] day(s)

Rent (Total)

£[ ]

Rent Payment Dates

Payment Schedule

Charge Name

Amount

Weekly Amount

Due Date

Advanced Rent

1st Instalment

2ndInstalment

3rdInstalment

4thInstalment

Tenancy

the tenancy created under this agreement and any statutory periodic tenancy arising under section 5(2) of the Housing Act 1988 or any contractual periodic tenancy that arises after the Term has expired.

Term

a fixed term of [NUMBER] [months OR years] from and including [DATE].

Working Day

any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.

1.2 Clause headings shall not affect the interpretation of this agreement.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.

1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.6 A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.

1.7 A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.

1.8 A reference to an agreement is a reference to this agreement.

1.9 A reference to writing or written includes fax and email.

1.10 Any reference to the giving of consent by the Landlord requires the consent to be given in writing, signed by the Landlord.

1.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.

1.12 References to clauses are to the clauses of this agreement.

1.13 A reference to the Landlord includes a reference to the person entitled to the immediate reversion to this Tenancy. A reference to the Tenant includes a reference to its successors in title and assigns.

1.14 Unless otherwise expressly provided, the obligations and liabilities of the parties under this agreement are joint and several. This means that where, for example, the Tenant is more than one person, they shall be liable for all sums due under the agreement, not just liable for a proportionate part.

1.15 The obligations of the Tenant [and the Guarantor] arising by virtue of this agreement are owed to the Landlord. The obligations of the Landlord are owed to the Tenant.

2. GRANT OF THE TENANCY

2.1 [At the request of the Guarantor], OR The Landlord lets the Property to the Tenant for the Term.

2.2 This agreement creates an assured shorthold tenancy under Part I of Chapter II of the HA 1988.

3. CONTENTS AND KEYS

3.1 The Tenant shall keep the Contents in good and clean condition and shall return the Contents to the Landlord at the end of the Tenancy in the same state (except for fair wear and tear) as detailed on the Inventory and Schedule of Condition and cleaned to a professional standard.

3.2 In the event that the Tenant damages or loses possession of any of the items contained in the Inventory, the Tenant shall immediately reimburse the Landlord on demand, for such losses incurred as set out in the Charges Schedule attached to this agreement.

3.3 The Tenant agrees that, save for Televisions and those items stated in the Inventory, they will not keep any electrical devices within the Property without the prior written consent of the Landlord.

3.4 The Tenant is responsible for looking after the keys and any security device for the Property during the Tenancy. If the Tenant fails to do so, the Tenant is responsible for the reasonable costs properly incurred as a result

3.5 In the event of lost/stolen keys/fobs/cards and mobile devices acting as “keys”, a charge of £50.00 per new key/fob will apply.

4. RENT

4.1 The Tenant shall pay the Rent in advance on or before the Rent Payment Dates.

4.2 The Tenant shall pay the Advanced Rent on or before the due date to secure the Property. It is agreed between the Landlord and the Tenant that:

4.2.1 If the First Rent Payment is not made on or before the due date, the Landlord at its sole discretion may re-resent the Property, and that the Tenant in such circumstances will not be entitled to a refund of the Advanced Rent;

4.2.2 If the Advanced Rental payment is made, but the Tenant decides not to proceed with the Tenancy, then the Landlord may at it sole discretion cancel this Tenancy, and refund the Advanced Rental payment.

4.3 The Tenant shall pay the first instalment of the Rent on or before the First Rent Payment Date.

4.4 The Tenant shall pay interest at the rate of 3% per annum above the Bank of England's base rate on any rent lawfully due that is paid more than 14 days after the date on which it became due. The interest shall be payable from the date the rent should have been paid until the date the rent is actually paid.

4.5 The Tenant shall be in breach of this agreement if the Tenant fails to pay the Rent in accordance with this clause and the Landlord shall be entitled to use the statutory provisions contained in the HA 1988 or any other statutory remedies available to recover possession of the Property.

4.6 If the Property is damaged or destroyed by an Insured Risk so as to be unfit for occupation and use then, unless the damage or destruction was caused by the wilful actions, negligence or default of the Tenant, payment of the Rent shall be suspended until the Property is fit for occupation and use.

5. USE OF PROPERTY

5.1 The Tenant shall:

5.1.1 only use the Property as a private dwelling house for the use of the Lawful Occupiers;

5.1.2 immediately notify the Landlord if the immigration status of any of the Lawful Occupiers changes from that recorded in the Schedule 1 ; and

5.1.3 not permit anyone other than the Lawful Occupiers to occupy the Property without the prior written consent of the Landlord (such consent not to be unreasonably withheld).

5.2 The Tenant shall not use the Property for the purposes of conducting a business.

5.3 The Tenant shall not hang any items on the walls of the Property.

5.4 The Tenant shall not allow any overnight visitation at the Property.

5.5 The Tenant shall not keep any pets or any other animals on or in the Property without the prior written consent of the Landlord (such consent not to be unreasonably withheld).

5.6 The Tenant shall not do anything to or on the Property that:

5.6.1 causes a nuisance, annoyance or damage to occupiers of neighbouring, adjoining or adjacent property, or the owners or occupiers of them;

5.6.2 involves using the Property for immoral or illegal purposes; or

5.6.3 has the effect of invalidating the insurance that the Landlord has taken out in accordance with clause 11.2. The Landlord shall provide the Tenant with a summary of the relevant insurance requirements.

5.7 The Tenant shall send the Landlord a copy of any notice or other communication affecting the Property within seven days of receipt and shall not take any action regarding such notices or communications without the prior consent of the Landlord.

5.8 The Tenant shall not commission an Energy Performance Certificate for the Property without the Landlord's consent.

6. ASSIGNMENT OR SUBLETTING

The Tenant shall not assign, sublet, part with or share possession of the whole or any part of the Property without the prior written consent of the Landlord (such consent not to be unreasonably withheld).

7. REPAIRS AND ALTERATIONS

7.1 The Tenant shall keep the interior of the Property clean, tidy and in the same condition as at the start of the Tenancy (except for fair wear and tear) and shall return the Property to the Landlord at the end of the Tenancy cleaned to a professional standard.

7.2 If the Property has a garden, the Tenant shall keep it clean and tidy, and free from rubbish.

7.3 The Tenant shall keep the inside and outside of all windows that the Tenant can reasonably reach clean.

7.4 The Tenant shall promptly replace all broken glass at the Property where the Tenant, or the Tenant's family or visitors cause the breakage.

7.5 The Tenant shall not cause any blockage to the drains, gutters and pipes of the Property. This obligation does not require the Tenant to carry out any works or repairs for which the Landlord is liable under clause 9.5.

7.6 The Tenant shall not make any alteration, addition, or redecorate the Property.

7.7 The Tenant shall not carry out any alteration to the Property which would, or may reasonably be expected to, have an adverse effect on the asset rating in any Energy Performance Certificate for the Property or the building of which it forms part.

8. UTILITIES AND OUTGOINGS

8.1 The cost of the utilities and outgoings are included in the Rent.

8.2 The Tenant shall comply with all laws and recommendations of the relevant suppliers relating to the use of those services and utilities.

8.3 Where the Tenant allows, either by default of payment or specific instruction, the utility or other services to be cut off, the Tenant shall pay the costs associated with reconnecting or resuming those services.

8.4 The Tenant shall pay for a television licence for the Property if a licence is required.

8.5 The Tenant shall pay to the relevant local authority the Council tax for the Property. Where the tenant is exempt from paying council tax, a council tax exemption certificate must be provided to the agent prior to the tenancy start date.

8.6 If any of the costs in this clause are payable in relation to the Property together with other property, the Tenant shall pay a fair proportion of all those costs.

9. LANDLORD'S COVENANTS

9.1 The Landlord shall provide the Tenant with suitable means of access to and egress from the Property.

9.2 The Landlord shall insure the Property and Contents to their full value against loss or damage by the Insured Risks and shall provide a copy of the insurance cover to the Tenant if requested. The Landlord's insurance does not cover the Tenant's possessions. The Tenant is advised to insure the Tenant's own possessions with a reputable insurer.

9.3 The Landlord shall make good any damage caused by an Insured Risk, unless the damage was caused by the wilful actions, negligence or default of the Tenant.

9.4 The Landlord shall allow the Tenant quiet enjoyment of the Property without any interruption by the Landlord.

9.5 In accordance with section 11 of the LTA 1985, the Landlord shall:

9.5.1 keep in repair the structure and exterior of the Property (including drains, external pipes, gutters and external windows);

9.5.2 keep in repair and proper working order the installations in the Property for the 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 the supply of water, gas or electricity); and

9.5.3 keep in repair and proper working order the installations in the Property for space heating and heating water.

9.6 The Landlord shall not be required to:

9.6.1 carry out any works or repairs for which the Tenant is liable by virtue of this agreement; or

9.6.2 keep in repair or maintain anything which the Tenant is entitled to remove from the Property.

9.7 The Landlord shall keep in repair the cooker, washing machine, tumble dryer, fridge, freezer and dishwasher (if these appliances are at the Property and provided by the Landlord).

10. DEFAULT BY THE TENANT

10.1 The Landlord reserves the right to re-enter the Property if:

10.1.1 the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not;

10.1.2 the Tenant is declared bankrupt under the Insolvency Act 1986;

10.1.3 the Tenant has breached the agreement; or

10.1.4 any of the Grounds 2, 7 (in England only), 7A, 7B (in England only), 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply.

This clause 12.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession.

10.2 If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant shall remain in force.

10.3 If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay any reasonable costs properly incurred by the Landlord in remedying such breaches or in connection with the enforcement of those obligations.

11. GUARANTEE AND INDEMNITY

11.1 The Guarantor guarantees to the Landlord that the Tenant shall pay the Rent and observe and perform the tenant covenants of this agreement and that if the Tenant fails to pay the Rent or to observe or perform any of the tenant covenants, the Guarantor shall pay or observe and perform them.

11.2 The Guarantor covenants with the Landlord as principal obligor and as a separate and independent obligation and liability from its obligations and liabilities under clause 11.1 to indemnify and keep indemnified the Landlord against any failure by the Tenant to pay the Rent or any failure to observe or perform any of the tenant covenants of this agreement.

11.3 The liability of the Guarantor under clause 11.1 and clause 11.2 shall continue until the Tenancy comes to an end and the Tenant is released from the tenant covenants of this agreement.

11.4 The liability of the Guarantor shall not be reduced, discharged or otherwise adversely affected by:

11.4.1 any time or indulgence granted by the Landlord to the Tenant;

11.4.2 any delay or forbearance by the Landlord in enforcing the payment of the Rent or the observance or performance of any of the tenant covenants of this agreement or in making any demand in respect of them;

11.4.3 the Landlord exercising any right or remedy against the Tenant for any failure to pay the Rent or to observe or perform the tenant covenants of this agreement;

11.4.4 the Tenant dying or becoming incapable of managing its affairs.

12. LANDLORD'S RIGHT TO ENTER THE PROPERTY AND TO DISPLAY SIGNS

12.1 The Landlord reserves the right for the Landlord, or any person acting on behalf of the Landlord, to enter the Property on giving at least 24 hours' prior notice in writing to the Tenant:

12.1.1 to inspect the condition and state of repair of the Property;

12.1.2 to carry out the Landlord's obligations under this agreement;

12.1.3 to carry out repairs or alterations to the next door premises;

12.1.4 to take gas, electricity or water meter readings;

12.1.5 to inspect the Property for the purpose of preparing an EPC and Recommendation Report for the Property or the building of which it forms part and the Tenant shall co-operate with the Landlord so far as is reasonably necessary to enable an EPC and Recommendation Report to be obtained;

12.1.6 for any purpose mentioned in this Tenancy or connected with the Landlord’s interest in the Property or any other property; and

12.1.7 to show prospective tenants or purchasers around the Property.

12.2 The Landlord has the right to retain a set of keys to the Property which shall only be used with the prior consent of the Tenant (except in an emergency).

12.3 In the case of an emergency the Landlord, his agents and third parties authorised by the Landlord to do so, have the right to access the Property without prior notice or the consent of the Tenant.

12.4 The Landlord reserves the right to display a "for sale" or "to let" sign on the Property in the last two months of the Tenancy.

13. EXPIRY OF THE TENANCY

13.1 At the end of this Tenancy (howsoever determined), the Tenant shall

13.1.1 return the Property and the Contents to the Landlord in the condition required by this agreement.

13.1.2 return all keys to the property (including new or additional or duplicate keys cut during the tenancy) to the landlord or his agent promptly on the last day of the tenancy by 12 noon and to pay the cost of replacing any locks where such keys are missing

13.2 If the Landlord allows the Tenant to remain in the Property after the Term has expired then the Tenancy shall continue as a contractual periodic tenancy on a weekly basis. To end the periodic tenancy, the Tenant shall give the Landlord at least one week's notice in writing. The notice must end on the day before the rent is due.

13.3 The Landlord has the right to recover possession of the Property if:

13.3.1 the Term has expired;

13.3.2 the Landlord has given two months' notice to the Tenant of the Landlord's intention to recover possession of the Property; and

13.3.3 at least six months have passed since the date of this agreement.

13.4 The Tenant shall provide the Landlord (or its legal advisers or agents) with a forwarding address once the Tenancy has come to an end which the Landlord or its legal advisers or agents can provide to the Interested Persons PROVIDED ALWAYS THAT the Landlord (and its legal advisers and agents) agree not to provide details of the Tenant’s forwarding address unless they are satisfied, acting reasonably and properly, that the person requiring the address is a duly authorised official or employee of the organisation in question and has supplied written evidence of their authority.

13.5 The Tenant shall remove all personal possessions from the Property once the Tenancy has ended. If any of the Tenant's personal possessions are left at the Property after the Tenancy has ended, the Landlord shall remove and store the possessions for a maximum of one month. The Landlord shall take reasonable steps to notify the Tenant at the last known address. If the items are not collected within one month, the Landlord may dispose of the items.

13.6 At the end of the Tenancy, the Tenant must give vacant possession and return the keys to the Property, and any other security devices, to the Landlord.

14. NOTICES

14.1 Any notice to the Landlord sent under or in connection with this agreement shall be deemed to have been properly served if:

14.1.1 sent by first class post to the Landlord's address given in clause 14.5;

14.1.2 left at the Landlord's address given in clause 14.5; or

14.1.3 sent to the Landlord's fax number or email address stated in the Parties clause.

14.2 Any notice sent to the Tenant under or in connection with this agreement shall be deemed to have been properly served if:

14.2.1 sent by first class post to the Property;

14.2.2 left at the Property; or

14.2.3 sent to the Tenant's fax number or email address stated in the Parties clause.

14.3 Any notice sent to the Guarantor under or in connection with this agreement shall be deemed to have been properly served if:

14.3.1 sent by first class post to the Guarantor's address stated in the Parties clause;

14.3.2 left at the Guarantor's address stated in the Parties clause; or

14.3.3 sent to the Guarantor's fax number or email address stated in the Parties clause.

14.4 If a notice is given in accordance with clause 14.1 or clause 14.2 it shall be deemed to have been received:

14.4.1 if delivered by hand, at the time the notice is left at the proper address;

14.4.2 if sent by first-class post, on the second Working Day after posting;

14.4.3 if sent by fax, at 9.00 am on the next Working Day after transmission; or

14.4.4 if sent by email, at 9.00 am on the next Working Day after sending.

14.5 The Landlord's address for service is 9 De Montfort Mews, Leicester, LE1 7FW.

15. GOVERNING LAW

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

DAMAGE CHARGES:

Approximate cost in GBP(£) is a guide only and may vary depending on the actual invoice cost.

Doors/Fittings

350/55

Entry Phone

£75

Consumer Panel

£250

Paintwork (walls)

£75

Heater

185

Flooring

£22 per sqm

Lighting

£30 per fitting

Work Surfaces

£315

Kitchen cupboard replacement

£300

Sink & Drainer

£195

Oven

£250

Fridge & Freezer

£315

Microwave

£150

Kitchen Extractor

£250

Dishwasher/washer

£350

Fire Blanket

£40

Extinguisher

£90

Windows & Blinds

£360/175

Table

£190

Chairs/Bar stool

£45 per stool

Sofa/Bean bags

£250

Television/remote

250/£30

Bed/Mattress

£350/£150

Mirror

£100

Wardrobe Full replacement

£350

Wardrobe Door Replacement

£120

Desk Replacement

£200

Chairs

£49

Bookcase

£150

Television/remote

250/£30

Shower screen/Bath tub

250

W.C

200

Washbasin/Taps

£95

Bathroom Mirror

£200

THIS AGREEMENT HAS BEEN ENTERED INTO ON THE DATE STATED AT THE BEGINNING OF IT.

Schedule 1
Lawful Occupiers

Name

Date of birth(note if under 18, or will turn 18 during the term of the tenancy)

Documents checked

Immigration status

Delete as appropriate

Date of check

Tenant:

Unlimited right to rent/

Time-limited right to rent, expiring on:

Unlimited right to rent/

Time-limited right to rent, expiring on:

Unlimited right to rent/

Time-limited right to rent, expiring on:

Unlimited right to rent/

Time-limited right to rent, expiring on:

Schedule 2 – Inventory

Schedule 3 – Charges Schedule

Signed by [NAME OF LANDLORD or AGENT]

....................

Signed by [NAME OF TENANT]

....................

Signed by [NAME OF GUARANTOR]

....................

Sample Tenancy Agreement.

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