Our Client requires the following clauses to be incorporated in the Agreement.
- Option to Extend: It is further agreed that the tenant shall have the option, (exercisable by the tenant giving to the landlord at least two months written notice) to continue as tenant of the property for a second year commencing <PLEASE INSERT DATE> (the first extended term), and a third year commencing <PLEASE INSERT DATE> (the second extended term), and the rent during each extended term shall be the rent reserved hereunder increased in line with the Retail Price Index (but not in any event by more than 5% per annum) and otherwise all the terms of the tenancy in respect of the first and second extended terms shall remain as herein contained.
2.1 The tenant shall pay to the landlord’s agent a deposit of (£ PLEASE INSERT AMOUNT ) which shall be held by the landlord’s agents as stakeholders between the parties in an interest bearing client account until the expiry or other determination of the term.
2.2 Upon the expiry or other determination of the tenancy the deposit shall be promptly repaid (in any event within a maximum of 30 days of the tenancy termination) to the tenant together with all accrued interest less any proper deduction for dilapidations (due allowance having been given for fair wear and tear)
2.3 Any dilapidations claim in its entirety must be received by the tenant in writing within 14 days of the last day of the tenancy time being of the essence failing which the landlord shall be deemed to have waived the right to make any such claim. 2.4 Any deductions from the deposit must be agreed between the parties and in default of agreement the dispute shall be referred to an independent expert appointed by the President of the Royal Institution of Chartered Surveyors and the independent expert’s decision shall be final and binding on the parties.
- Break: The tenant may terminate the tenancy at any time after the first 6 months by giving the landlord not less than two months notice in writing and immediately upon the expiration of such notice the tenancy shall cease but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of obligation.
- Requisite Consents: The landlord warrants that he is the sole legal and beneficial owner of the Property and that all necessary consents to this letting (including without limitation the consent of any mortgagees) have been obtained. The landlord agrees to provide copies of any such consent promptly upon receiving a request from the tenant. The landlord agrees to indemnify the tenant for all losses and expenses sustained by the tenant as a consequence of any breach of this clause.
- Mortgage Payments: The landlord shall ensure that all mortgage payments (if any) that fall due during the term are discharged on time and in full.
- Initial Funds: The Landlord agrees that any funds paid to the Landlord’s Agent prior to the Tenant taking occupation shall be held by the Landlord’s Agent to the Tenant’s order until the Tenant has taken possession of the property.
- Any matters that might affect quiet enjoyment: The Landlord warrants that he is unaware of any matters (including any proposed works to the subject property and/or neighbouring properties) that would affect the tenant’s quiet enjoyment of the premises at any time during the proposed term of occupation.
- Pre-Inspection: It is further agreed that the tenant shall be allowed to inspect the Premises before the initial funds are transferred to check that the home and contents are in the agreed condition for occupation.
- Appliances/Equipment Maintenance: The landlord agrees throughout the tenancy to maintain the electrical appliances central heating system and all other equipment and services provided by the landlord for the tenant’s use in good repair and working condition and promptly to replace any items that cannot be restored to a good state of repair and full working order. The landlord agrees throughout the tenancy to maintain a comprehensive maintenance contract to cover the central heating and hot water system.
- Insurance: The landlord agrees to insure and keep insured the premises and its fixtures furniture and effects in their full replacement value with a reputable insurance company during the period of the tenancy against loss or damage by fire and other insurable comprehensive risks, such policy to be produced to the tenant upon request.
- Uninhabitability: The landlord agrees to return to the tenant any rent payable for any period while the property is rendered uninhabitable or inaccessible by reason of fire or any other peril normally insured against the amount in case of dispute to be finally settled by an expert (acting as such and not as an arbitrator) appointed by the President for the time being of The Royal Institution of Chartered Surveyors (such expert’s costs and expenses being divided equally between the landlord and the tenant).
- Delivery in Good Condition: The landlord agrees to deliver to the Tenant at the commencement of the tenancy the Property and contents in good and thoroughly clean and tidy condition (with all linen blankets carpets curtains and windows having been professionally cleaned immediately prior to the commencement of the tenancy) with all appliances and other equipment in good working order and with written instructions (where reasonably necessary) for operation and use of all such appliances and equipment.
- Professional Management: During the term to ensure the professional management of the premises will be undertaken by the landlord or his agent and in the event that the landlord takes up residence outside the United Kingdom it is hereby agreed that he will appoint a UK based managing agent at all times who will be responsible for professionally maintaining the premises and withholding tax if applicable.
- Fire Safety: The landlord shall cause the items referred to in the initial inventory and any other fixtures fittings furnishings and effects at the premises to comply with The Furniture and Furnishings (Fire Safety) Regulations 1988 as amended by The Furniture and Furnishings (Fire Safety) Regulations 1993 and any subsequent amendment thereto.
- Gas Safety: The landlord warrants that (a) all gas appliances within the premises have been installed and maintained in good order and checked for safety at least every twelve months and the same comply in all other respects with the Gas Safety (Installation and Use) Regulations 1994 and any amendment thereto (b) appropriate records of such checks are recorded and retained by the landlord at the address first set forth above and all contractors employed to maintain the gas appliances are registered on the Gas Safety Register. The landlord shall allow the tenant to inspect such records upon reasonable prior notice to and arrangement with the landlord.
- Electrical Safety: The landlord warrants that all electrical equipment and appliances within the premises have been installed and maintained in good order and so far as the landlord is aware such appliances conform to the Electrical Equipment (Safety) Regulations 1994 and any amendment thereto
- General Compliance: The landlord warrants that the landlord has complied with in full all laws and regulations for the time being in force which affect in any way the letting of the premises to the tenant.
- Intruder Alarm: If there is an alarm or other security system the landlord shall be responsible for the maintenance thereof and shall provide the tenant with full and clear written instructions and a demonstration at the commencement of the tenancy as to the correct operation thereof.
- Expectations of Agent: It is agreed that the landlord or the landlord’s agent will walk through the property with the tenant when the keys are exchanged and explain how all electrical appliances central heating system and all other equipment and services work.
- Telephone Line: It is agreed that the landlord will provide a working telephone line to the property and confirm the BT telephone number.
- Contact Clause: The landlord or the landlord’s agent will provide the tenant will all points of contact for the landlord, including address, telephone (including mobile), fax and email so that the tenant can contact the landlord readily for any repairs or other responsibilities the landlord is required to perform under this agreement. The landlord will also provide details of workmen approved by the landlord to perform services if the landlord or the landlord’s agents are not readily available including but not limited to plumber, roofer, electrician and carpenter.
- Work Failure Clause: If (i) the landlord or the landlord’s agent fails to perform its responsibilities under this agreement or by law or (ii) the landlord or the landlord’s agents or approved workmen fail to promptly in all circumstances repair correct or replace such items or carry out maintenance and repairs which otherwise affect the use and enjoyment of the premises then the tenant shall give written notice of such failure to the landlord and the tenant’s notice shall state work required to be performed. If (except in the case of an emergency) the landlord fails to complete the required work within 30 days of receipt of the tenant’s notice then the tenant may complete the required work and the tenant may deduct any and all costs reasonably and properly incurred by the tenant (full details of which are given to the landlord prior to their deduction) in effecting repairs regular maintenance replaces to the landlord’s fixtures and fittings and service appliances and necessary emergency repairs to the premises from payments of rent provided that the tenant may not deduct costs incurred to the extent such costs arise out of (i) the tenant’s default hereunder and (ii) damage or repairs for which the landlord is not required hereunder to insure. In case of emergency, the tenant shall not be obligated to wait 30 days before commencing the required work and deducting the costs of the same from payments of rent.
- Viewing Clause: During the last two months of the tenancy the tenant shall allow prospective tenants or occupiers of the premises on presenting an authority signed by or on behalf of the landlord, to enter and view the premises at reasonable hours by prior appointment with the tenant.
- Rent Reimbursement: Any rent paid in advance will be returned to the tenant where termination of this agreement takes place before the end of the period which the pre-paid rent covers and if the landlord obtains vacant possession and occupies or re-lets the same or any part thereof prior to the termination date fixed by any such notice the landlord will reimburse the tenant any amount due by reason of such occupation or re-letting.
- Infestation Clause: If the premises are infested by wasps bees ants spiders or any other vermin due to existing nests or seasonal habit then the landlord shall deal with the situation in the appropriate manner and rid the premises of the infestation provided that the landlord shall not be responsible to the extent that the tenant failed to keep the premises clean and tidy and in a fit state so as to reasonably prevent the attraction of vermin.