AST For Individual in A Shared House827
AST For Individual in A Shared House827
AST For Individual in A Shared House827
Test House
Address 1
Town
A1 1AA
It sets out the promises made by the Tenant and any Guarantors to the Landlord and vice
versa, including the duration of the rental and the amounts you have agreed for Rent and
Deposit. You should read this document carefully and thoroughly.
Once electronically signed and dated this agreement will be legally binding and may be
enforced by a court. Make sure that it does not contain terms that you do not agree with and
that it contains everything you want to form part of the agreement. Both parties are advised to
obtain confirmation in writing when the Landlord gives the Tenant consent to carry out any
action under this agreement.
If you are in any doubt about the content or effect of this agreement, we recommend that
you seek independent legal advice before signing.
The Parties to this agreement and the Premises
The following clauses set out the basic terms of the tenancy, the main dates and the Deposit
and Rent amounts which have been agreed. Below are defined terms which will have the
meaning listed next to them in this agreement.
Shared The communal areas of the Premises which are not currently or intended to be
Parts the private Designated Rooms of other occupants. The Shared Parts typically
include garden(s), kitchen(s), bathroom(s), reception room(s) and any hallways
and corridors linking them.
Rent £4,000.00, four thousand GBP each month, payable in advance on or before
the 1st day of each month.
2. The Tenant shall pay to Maximise Cashflow on the signing of this agreement the amount of
the Deposit and the first payment of Rent, unless the Tenant and the Landlord have agreed in
writing a later date when payment may be made.
3. The Deposit will be held under the terms of MyDeposits, of which Maximise Cashflow is a
registered member. Further detail is provided in the next section of this document.
4. The Tenant shall pay all future Rent when it becomes due, either to Maximise Cashflow, or
the Landlord directly; the Tenant will be notified in writing of the correct account details for
payment. Further detail is provided in subsequent sections of this document and in Maximise
Cashflow's Terms of Business.
5. This agreement is conditional on the Tenant providing satisfactory documentation to allow the
Landlord to verify the Tenant's identity and to satisfactorily perform the right to rent immigration
checks required, if applicable.
● what Maximise Cashflow will do with the Deposit paid by the Tenant under clause 3
above;
● what the Tenant can expect of the Landlord or Maximise Cashflow when either deals
with the Deposit;
● the circumstances in which the Tenant is entitled to less than the full Deposit returned at
the conclusion of the tenancy; and
● the circumstances in which other monies may be requested from the Tenant.
By signing, all parties declare that the details relating to the Deposit that are outlined in this
tenancy agreement are correct to the best of their knowledge and belief.
7.1. The Deposit will be held in a Custodial Tenancy Deposit Scheme by MyDeposits, which is
the Government approved custodial scheme:
MyDeposits
1st Floor Premiere House
Elstree Way
Borehamwood
Hertfordshire
WD6 1JH
Email: businessdevelopment@mydeposits.co.uk
More information can be found in the deposit scheme guide and on the MyDeposits website.
7.2. Once the Deposit has been paid by the Tenant, Maximise Cashflow will transfer the Deposit
to MyDeposits as soon as reasonably practicable. Maximise Cashflow will aim to do this within 1
working day of funds clearing, and always within the 30 days required under the terms of the
scheme. Once funds have cleared with MyDeposits, the Deposit will be re-assigned to the
Landlord's registered account with MyDeposits.
7.3. The Deposit that the Tenant has paid shall be returned without interest according to the
terms of MyDeposits at the end of the tenancy, howsoever determined, upon vacant possession
of the Premises and return of the keys, less such sum as the Landlord shall properly deduct in
respect of:
● arrears of Rent;
● any damage to the Designated Room and Shared Parts and fixtures and fittings caused
by the Tenant or arising from any breach of the terms of this agreement by the Tenant;
● any damage caused or cleaning required due to pets, animals, reptiles, birds, or fish
occupying the Designated Room and Shared Parts (whether or not the Landlord
consented to its presence as set out in clause 9.20);
● any sum repayable by the Landlord to the local authority where housing benefit has
been paid direct to the Landlord by the local authority;
● any other breach by the Tenant of the terms of this agreement;
● any unpaid account or charge for water, electricity, gas, other fuels or utilities used by
the Tenant in the Premises;
● any unpaid council tax, telephone charges or other monies owed by the Tenant to the
Landlord;
● any reasonable cost incurred to clean the Designated Room and Shared Parts to the
same standard as at the beginning of the tenancy;
● the charges incurred by the Landlord's bank if any cheques or standing orders from the
Tenant are not honoured by the Tenant's bank.
7.4. No deductions shall be made from the Deposit unless, or until, the reason for the nature of
the deductions along with their amounts have been notified to the Tenant. Any dispute arising
from the proposed deductions will be subject to MyDeposits guidelines including use of the free
and independent Alternative Dispute Resolution service where its use has been agreed by the
Tenant and Landlord.
7.5. The Tenant shall not be entitled to withhold the payment of any instalment of Rent or any
other monies payable under this agreement on the ground that the Landlord, or Maximise
Cashflow, holds the Deposit or any part of it.
7.6. If the Deposit is insufficient the Tenant shall pay to the Landlord such additional sums as
required to cover all costs, charges and expenses properly due within a period of 14 days from
the end of the tenancy.
7.7. If either party is not contactable or otherwise not responsive at the end of the tenancy, the
other party should notify the Deposit scheme administrator so that the Deposit may be treated in
accordance with the terms of the scheme.
Obligations of the Tenant
The following clauses set out what is expected of the Tenant during the tenancy in addition to
the main terms found in this agreement. If any of these terms are breached, the Landlord may
be entitled to deduct monies from the Deposit, claim damages from the Tenant, and/or seek the
court's permission to have the Tenant evicted from the Premises because of the breach.
8.1. Any obligation upon the Tenant under this agreement to do or not to do anything shall also
require the Tenant not to permit or allow any licensee or visitor to do or not to do that thing.
8.2. To be responsible and liable for all the obligations under this agreement as joint and several
Tenants (if applicable).
8.3. To pay the Rent as specified earlier in this agreement whether or not it has been formally
demanded, and pay interest at 3% above the Bank of England base rate upon any Rent in
arrears or other monies due under this agreement for more than 14 days calculated from the
date upon which it became due to the date of payment. The Tenant shall pay all future Rent to
Maximise Cashflow, or the Landlord directly, and will be notified in writing of the correct
payment details to use.
8.4. Unless otherwise agreed in writing with the Landlord, to pay for all gas, electricity, water
and sewerage services consumed on or supplied to the Premises during the Term, and for all
charges made for the use of the telephone (if any), TV licence (if any), TV service (if any), and
Internet service (if any) during the Term. This includes standing charges and other similar
charges and VAT, as well as charges for actual consumption.
8.5. Unless otherwise agreed in writing with the Landlord, to pay any council tax which the
Tenant is obliged to pay under the Local Government Finance Act 1992 or any regulations
under that Act. Also to indemnify the Landlord in respect of any council tax which (during the
tenancy) the Landlord becomes obliged to pay under the Act or those regulations because the
Tenant ceases to live at the Premises.
8.6. To keep the Designated Room and Shared Parts and the Landlord's contents in as good
and clean state of repair and condition and decoration as thy were in at the commencement of
the Term and make good all damage and breakages which may occur during the Term (fair
wear and tear excepted).
8.7. Not to remove any of the Landlord's contents from the Premises.
8.8. To comply with all statutory requirements upon the Tenant in respect of the Premises and
contents. This includes (but is not limited to) not bringing into the Premises any furniture,
furnishings or personal items that do not meet the required safety standards.
8.9. Not to damage the Premises or the building or make any alteration or addition to it, nor
damage or alter the electrical or plumbing system.
8.10. Not to decorate or change the style or colour of the decoration without written consent
from the Landlord.
8.11. Not to damage interior walls or decorations by affixing pictures, mirrors, or any other
hanging item using nails, screws, adhesive compounds or tapes without written consent from
the Landlord.
8.12. Where readily accessible, and with due regard to personal safety, to keep the drains,
gutters and pipes of the Premises free from obstruction and clear of any leaves or debris.
8.13. If applicable, to keep the garden, patio, paths, balcony or terrace, (if any), in a neat and
tidy condition, swept where necessary and weeded. To maintain any lawns, trees and shrubs.
Not to alter the layout of the garden.
8.14. To keep clean the windows inside and outside of the Premises, where safe access is
possible. Failure by the Tenant to take adequate precautions to prevent glass panes being
cracked or broken will result in the Tenant having to pay for any ensuing damage.
8.15. Not to use the Premises other than for the purposes of a private residence, nor carry on or
permit to be carried on upon the Premises any profession trade or business whatsoever, nor
use the Premises for any immoral, illegal or improper purposes.
8.16. Not to do or permit to be done in the Premises or elsewhere anything which may be or
become a nuisance, annoyance or inconvenience to the Landlord, the owner or occupiers of
any adjoining property, the neighbours, other adjoining residents or people in the immediate
area.
8.17. Not to alter or add to the Premises or allow anyone else to do anything on the Premises
which may invalidate any insurance of the Premises against fire or increase the ordinary
premium for such insurance.
8.18. Not to fix or suffer to be fixed to the exterior or windows of the Premises any notice board,
sign, advertisement poster or aerial without the prior written consent of the Landlord.
8.19. Not to install or change any door locks or alarm codes, and agree that the Landlord should
hold a spare set of keys. In the event of the loss of a key or other security device giving access
to the Premises, the Tenant agrees to pay any reasonable costs incurred by the Landlord as a
result.
8.20. Not keep any cat, dog, bird or other pet at the Premises without the Landlord's written
consent, such consent, if granted, to be revocable at will by the Landlord upon giving
reasonable written notice. If consent is given, the Tenant agrees to undertake a full clean, or
pay for the cleaning, of the Premises with de-infestation cleaner upon termination of the
tenancy.
8.21. If there are common parts to the building, not to obstruct, keep or leave anything in them.
8.23. To place all refuse in plastic bags in the designated dustbin(s) which should be kept in the
area provided. If necessary on refuse collection day to move the dustbin(s) to the collection
point as required by the local Council.
8.24. Not to hang clothes or other articles on any balcony or out of any window.
8.25. Not to erect external aerials or satellite dishes without the prior written consent of the
Landlord.
8.26. Not to install any gas appliances unless authorised by the Landlord and installed by a
registered Gas Safe fitter.
8.27. To routinely test the operation of all smoke alarms and replace the batteries when
necessary, and to advise the Landlord immediately should any alarm cease to function or be
considered non-operational.
8.28. To take reasonable precautions to prevent any damage to the Premises resulting from
'freezing-up'. This includes ensuring the Premises is adequately heated during periods of cold
weather to ensure the water system does not freeze. Failure by the Tenant to take such
precautions will result in the Tenant having to pay for any ensuing damage.
8.29. To take all reasonable precautions to prevent condensation and damp by keeping the
property adequately ventilated and heated.
8.30. To replace any light bulbs, fluorescent tubes, fuses or batteries promptly and when
necessary.
8.31. To notify the Landlord immediately regarding, and confirm in writing as soon as practical
thereafter, any defect in the Premises which comes to the Tenant's attention and which is the
responsibility of the Landlord to repair. Failure to do so will result in the tenant having to pay the
Landlord all liabilities which may be incurred by the Landlord as a result of any such defect not
having been so notified.
8.32.Not to assign sublet or part with or share possession of the Designated Room and Shared
Parts or any part of them, nor allow these to be occupied by anyone other than the Tenant and
no more than the maximum number of permitted persons (the Occupancy).
8.33. Not to grant any licensees, take in any lodger, paying guest or person staying on either a
permanent or semi-permanent basis.
8.34. To permit the Landlord, and any superior landlord, or the Landlord's employees/agents at
all reasonable times by giving the Tenant 24 hours notice (except in an emergency): to enter the
Premises to inspect the same and the Landlord's furniture and effects therein (if any) and to
carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord
may consider necessary. If the Tenant fails to allow access and such failure causes the
Landlord to incur costs, the Tenant shall be liable for all reasonable losses resulting as a
consequence. to enter and view the Premises with any prospective future Tenants or
purchasers during the last 60 days of the tenancy.
8.35. To notify the Landlord if the Tenant is to be absent from the Premises for a period
exceeding 14 days. Such notification shall be made at least 5 days prior to the commencement
of the period of absence and shall state the actual dates over which the Premises will be
unoccupied.
8.36. To forward any notice, order or proposal affecting the Premises or its boundaries to the
Landlord within 5 days of receiving it.
8.37. At the end of the Term to vacate the Designated Room and Shared Parts and give vacant
possession. The Designated Room and Shared Parts and its content must at the end of the
Term be in the same good and clean state of repair and decoration as the Designated Room
and Shared Parts was in at the commencement of the Term (fair wear and tear excepted). The
tenant must pay for the repair or replacement of any items of the fixtures, fittings and appliances
which have been damaged, destroyed or lost.
8.38. To return the keys of the Premises to the Landlord by 2pm on the day of vacating the
Premises, otherwise all costs of gaining entry to the Premises and resecuring the Premises will
be borne by the Tenant.
8.39. To co-operate in the checking of any inventory and/or schedule of condition. The Landlord
will bear the costs of preparing the inventory and/or schedule of condition and associated
check-in or check-out report. The Tenant agrees to take all reasonable steps to ensure that
such a report can be completed, and that they will be liable for any additional costs arising as a
result of the Tenant's actions. Those are including but not limited to call-out fees from missed
appointments, or any other losses or costs.
8.40. Not to smoke inside the Premises, or permit others to smoke inside the Premises, without
the Landlord's written consent. Such consent, if granted, to be revocable at will by the Landlord
upon giving reasonable written notice.
Furniture
9.1 Where requested by the Landlord, the furniture and effects shall be as specified in an
inventory signed by the Tenant.
The following clauses set out what can be expected from the Landlord during the tenancy. If any
of these terms are broken, the Tenant may be entitled to claim damages from the Landlord, or
ask a court to make the Landlord fulfil their obligations.
Quiet Enjoyment
10.1. To allow the Tenant to quietly hold and enjoy the Designated Room and Shared Parts
during the tenancy without any unlawful interruption by the Landlord or any person rightfully
claiming on behalf of the Landlord.
Consents
10.2. To confirm that all necessary consents have been obtained to enable the Landlord to enter
this agreement (whether from superior landlords, lenders, mortgagees, insurers, or others).
10.3. To comply with the obligations to repair the Premises as set out in sections 11 to 16 of the
Landlord and Tenant Act 1985 (as amended by the Housing Act 1988). These sections impose
on the Landlord obligations to repair and keep in good order:
● the structure of the Premises and exterior (including drains, gutters and pipes);
● certain installations for the supply of water, electricity and gas;
● sanitary appliances including basins, sinks, baths and sanitary conveniences;
● space heating and water heating;
but not other fixtures, fittings, and appliances for making use of the supply of water and
electricity. This obligation arises only after notice has been given to the Landlord by the Tenant
as set out in clause 9.31.
10.4. To repay to the Tenant any reasonable costs incurred by the Tenant to remedy the failure
of the Landlord to comply with his statutory obligations as stated in clause 11.3 above.
Insurance
10.5. To insure the building of the Premises under a general household policy with a reputable
insurer.
10.6. To provide a copy of the relevant insurance certificate and policy to the Tenant at the start
of the tenancy or as soon as possible thereafter.
Other Repairs
10.7. To keep in repair and proper working order all mechanical and electrical items belonging
to the Landlord and forming part of the fixtures and fittings, unless the lack of repair is due to the
negligence or misuse of the Tenant, his family, or visitors.
Safety Regulations
10.8. To ensure that all the furniture and equipment within the Premises complies with the
Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1993).
10.9. To ensure that all gas appliances comply with the Gas Safety (Installation and Use)
Regulations 1998 and that a copy of the safety check record is given to the Tenant at the start
of the tenancy.
10.10. To ensure that all electrical appliances comply with the Electrical Equipment (Safety)
Regulations 1994, and the Plugs and Sockets, etc. (Safety) Regulations 1994.
10.11. To ensure that any electrician carrying out electrical work at the Premises is a competent
person registered with a scheme approved by The Department for Communities and Local
Government (DCLG).
10.12. To remove or pay for the removal of all the possessions of the Landlord and any rubbish
prior to the start of the tenancy.
Interrupting or Ending this Agreement
The following clauses set out the ways in which this agreement may be brought to an end by
either party. In addition, these clauses set out the procedures which the Tenant or Landlord
shall use when the tenancy is brought to an end.
11.1 If the tenancy is within the fixed Term, the Landlord may serve on the Tenant the
appropriate notice under Section 21(1)(b) of the Housing Act 1988 (as amended) given during
the fixed Term to expire on any day after the last day of the Term.
11.2 If the tenancy has lapsed into a periodic tenancy it may be terminated by:
● the Landlord serving the Tenant at least two months notice in writing under Section 21(4)
(a) of the Housing Act 1988 (as amended).
● the Tenant giving written notice of at least one month and expiring on the last day of a
period of the tenancy.
11.3 If there is a breach of any of the terms of this agreement by the Tenant then the Landlord
may serve notice in accordance with any relevant Grounds under Section 8 of the Housing Act
1988 (as amended).
11.4 If the Rent or any part thereof shall be in arrears for at least 14 days after the same shall
have become due (whether legally demanded or not) or if there shall be a breach of any of the
obligations on the part of the Tenant, the Landlord may re-enter the Property (subject to the
Landlord obtaining a Court Order for Possession) and immediately thereon the tenancy shall
terminate without prejudice to any other rights and remedies of the Landlord.
11.5. Any time after 4 months from the start of the Tenancy Agreement either party can exercise
the break clause by giving two months notice in writing to the other party. This means that the
earliest time that the tenancy can be ended by this clause is after the expiry of 6 months from
the commencement of the Term.
Notices & Miscellaneous
Notices
12.1 The Landlord gives notice to the Tenant that pursuant to Section 48(1) of the Landlord and
Tenant Act 1987 that notices (including notices in proceedings) may be served on the Landlord
at the address specified at the beginning of this agreement.
12.2 Any notice served upon the Tenant by the Landlord pursuant to this agreement or any
statute or regulation then the same may be served properly addressed to the Tenant either at
the Premises or by sending the same by either recorded delivery post, or prepaid first class post
to the Premises or at the Tenant's last known address and the same shall be deemed to have
been properly served and received by the Tenant 24 hours after posting the same.
12.3 The Landlord and the Tenant agree that notice may be served on the other party by email.
The email addresses for notice are:
12.4 The Landlord gives the Tenant notice under the Housing Act 1988 that possession may be
recovered on the following grounds:
● Ground 2: The Premises is subject to a mortgage granted before the beginning of the
tenancy, and the mortgagee is entitled to exercise a power of sale conferred on them 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 with vacant
possession.
Miscellaneous
13.1 If the Premises comprises part only of a building the letting shall include the use (in
common with others) of access ways to and from the Premises inside the building.
13.2 Where two or more persons are named on the tenancy agreement, their obligations shall
be joint and several.
13.3 References to masculine gender include the feminine; to the singular include the plural;
and to the 'month' mean calendar month.
13.4 Tenant is responsible for insuring their own belongings, furniture and furnishings in the
Premises, and the Landlord will not accept liability for any loss or damage that may occur as a
result of use within the Premises.
13.5 The Landlord and the Tenant confirm their agreement with the Maximise Cashflow Terms
& Conditions and Privacy Policy.
13.6 Where the Landlord's own title to the Premises is leasehold and not freehold, the Landlord
may themselves be a tenant under a superior lease. The Tenant agrees to perform and observe
at all times during the Term the conditions and stipulations contained in the superior lease that
were notified to the Tenant prior to the commencement of the tenancy.
The Guarantor
The Guarantor is the person or persons responsible for discharging the Tenant's obligations if
the Tenant defaults whether the Landlord elects to pursue the Tenant or not.
"Joint and Several" means that the Guarantor will be liable with the Tenant to pay all Rent and
any debt arising from any breach of the tenancy until all debt is paid in full.
14.1. In consideration of the Landlord agreeing at the request of the Guarantor to accept the
Tenant as the Tenant of the Premises the Guarantor hereby agrees to fully cover and
compensate the Landlord for any loss, damage, costs or other expenses arising directly or
indirectly out of any breach of this tenancy or any extension of continuation of the tenancy
including any rental increase agreed between the Landlord and the Tenant.
14.2. This Guarantee is irrevocable and shall continue beyond the Guarantor's death or
bankruptcy throughout the period that the Premises is occupied by the Tenant and is not limited
to the Term specified in the agreement.
14.3. If the Tenant defaults during the initial Term or any extension, renewal or continuation of
this agreement or the Tenant is declared bankrupt and the Tenant's Trustee in Bankruptcy
elects to disclaim the agreement then on written demand the Guarantor hereby agrees to pay
damages to the Landlord for all losses, claims, liabilities, costs and expenses arising out of or in
connection with that default or disclaimer or incurred by the Landlord in connection with the
default or disclaimer.
14.4. It is hereby agreed that the Guarantor's liability under this Clause will be joint and several
with the Tenant which means that each will be responsible for complying with the Tenant's
obligations under this agreement both individually and together. The Landlord may seek to
enforce these obligations and claim damages against the Tenant, the Guarantor, or both of
them under these clauses. These obligations will not be cleared or affected by any act, neglect,
leniency, or giving of time by the Landlord endeavouring to obtain payment or in the
enforcement of the Tenant's covenants. If the Tenant surrenders any part of the Premises the
Guarantor's liability will continue in respect of the part not surrendered. Any liability accumulated
at the date of surrender will continue unaffected.
Contract Digitally Signed By
Here is a list of people set out to sign the contract, and signatures where they have been
collected.
Where signatures have been collected dates and times are displayed in Coordinated Universal
Time (UTC).
The Tenant
__________________
The Guarantor
__________________
The Landlord
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