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When you sign it you are agreeing to all the conditions in it.

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and nothing you do not want to agree to.

Landlord Copy

Tenancy Agreement

ASSURED SHORTHOLD TENANCY

Between:

Mr Angus & Mrs Fiona Macaskill

of Churchill House, Olveston, Bristol, BS 35 4DP Tel: 01454 613788 / 07967 822 895

Email: houses@fionam.com hereinafter described as ‘the Landlord’ and

hereinafter described as ‘the Tenant’

Premises : The premises at the ‘Address of Property’ above

This tenancy agreement is intended to create an Assured Shorthold Tenancy Agreement as defined in Section 20 Housing Act 1988 and the provisions for Recovery of Possession by the Landlord in Section 21 thereof apply accordingly.

For a Period of 12 months starting and finishing with a part day, being more specifically

From 2pm on X 2008 being the Start Date

Until 10am on X 2009 being the Termination Date

At a Rental representing a rent payable of £ X per month, to be paid in ten instalments of £ X being due on the first of each month, starting 1^st September 2008 and finishing 1^st June 2009, to be paid by standing order mandate.

Deposit: £ X Maximum Number of Occupants: X

A single additional Payment of £50 per person for inventory checking service charge is due to the Landlord on application and is non-returnable.

PARTICULARS OF MEMORANDUM OF AGREEMENT

ASSURED SHORTHOLD TENANCY

1. GENERAL:

1 DATE: ______________

2 LANDLORD: The Landlord as on page 1, both of

Churchill House, Olveston, Bristol, BS35 4DP Tel: 01454 613788 / 07967 822 895

Email: houses@fionam.com (web site www.uwehouses.com)

3. TENANT: the Tenant as on page 1, of addresses as follows

4 PREMISES: The Premises at the ‘Address of Property’ on page 1.

5 TERM: The Period between the Start Date and the Termination Date as specified on page 1.

6 RENT PAYABLE: The Rental as specified on page 1, without any deductions whatsoever each instalment to be made by standing order on the first day of the month to the Bank Account nominated by the Landlord being: Sort code 40 47 79, Account number 40 33 46 93, Account ‘A and F Macaskill’.

7 This agreement (hereinafter called 'The Agreement') is made on the day and year specified in Clause (1) above between the Landlord named in Clause (2) above ('The Landlord') and the Tenant named in Clause (3) above ('The Tenant').

8 The Landlord agrees to let and The Tenant agrees to take the Premises described in Clause (4) above and the garden thereof ('The Premises') together with the Furniture, Equipment, Fixtures and Effects therein ('The Effects') for the Term specified in Clause (5) above at the rent specified in Clause (6) above. If there is a garage at the Premises then the garage and access thereto is excluded from the definition of the Premises and reserved for the Landlord to store and access maintenance and other materials at the Landlord’s reasonable convenience. 

2. THE TENANT AGREES WITH THE LANDLORD AS FOLLOWS:

Deposit & Communication

1. To pay the inventory charge (£50), and to pay the deposit which will be retained by the Landlord until all property-related charges incurred by the Tenants including water, sewerage, council tax, electricity, gas, satellite, cable and telephone accounts (except Landlord-provided Internet) have been paid (and to provide receipts if requested to do so by the Landlord) All claims for dilapidations, cleaning and unpaid rent (if any) will be deducted from the returnable Deposit at the end of the tenancy.

2. To provide the name of a lead tenant to the Landlord and co-ordinate enquiries through the lead tenant. Also that all information held about and correspondence with any of the persons who together are the Tenant, shall be communicable to all those persons and also to utility companies and similar.

3. To respond immediately to the Landlord’s correspondence with the lead tenant.

4. To refer all disputes not resolved by negotiation to the Deposits Dispute Resolution Service

Other payments

5. To pay all charges for all water, sewerage, satellite, cable and telephone accounts (except Landlord-provided Internet), council  tax ,electricity, gas where applicable and served to or for the Premises when due and also to pay for the TV licence. 

6. To pay an additional £10 'Administration Fee' in respect of any and each monthly rental payment made other than by standing order mandate.

7. To pay the Administration Fee, increased to £25 total for each month if the Rental instalment or part thereof becomes overdue for a period of more than ten days whether or not it is then paid through the standing order process. Rent will only be considered as received by the landlord when it has arrived in the Landlord’s bank account (not when sent by the Tenant).

Maintenance of the property

8. To keep the said Premises (and all Landlords fixtures and furnishings) in good order and repair. Fair wear, tear and damage from the insured risks excepted.

9. To clean all tiles & grouting and also the windows & sills every 3 months both inside and out and to replace any broken glass at the Tenant’s expense.

10. To keep all carpets & curtains supplied under this tenancy in the same clean condition they were at the start of the tenancy.

11. Not to damage the Premises or the Effects and to keep the interior and exterior of the windows clean at all times.

12. Not to cut, injure or alter any of the internal or external structure of the Premises or install anything thereon without prior written permission from the Landlord.

13. To give notice immediately to the Landlord in person or in writing of any damage, disrepair or defect to the Premises. To permit the Landlord or workmen to enter the Premises at all reasonable times to view the Premises and to carry out repairs. The Tenant shall make good any defects for which he is responsible.

14. Not to tamper with any smoke alarms & to report any mal function immediately.

15. Not carry out any decorating.

16. Not to block or allow to become blocked any of the sinks, baths, showers, lavatories, cisterns, drains or pipes in or serving the Premises.

17. To take reasonable precautions (eg leaving the heating on ‘low’) to prevent damage to the water system by freezing during the winter months. In the event of such damage caused by failure to take such precautions the Tenant shall have repaired as necessary in order to reinstate the system in good working order, by a repairer approved by the Landlord.

18. Not to deposit or accumulate any waste, rubbish or recyclable materials in any part of the Premises other in the bins provided.

19. To pay any call out fees if the call out proves to be caused by or the fault of the tenant. A fee of £20 will be charged if a tenant has locked him/her self out of the property & needs to be let in.

Maintenance of the Gardens

20. To maintain the present condition of the gardens and to keep them in a good state of cultivation. To weed flower borders, paving, gravel & paths. To trim bushes, plants & hedges and to mow the lawn on a regular basis.

21. To store all garden tools inside & all garden furniture inside during the winter months (using garden shed if supplied).

22. To maintain the area in the front of the house in a tidy state & remove any accumulated rubbish, leaves etc on a weekly basis.

Number of occupants

23. Not to permit more than the specified maximum number of occupants on page 1 to occupy the Premises except on an occasional visiting basis and never more frequently than two weekends per month unless otherwise agreed with the Landlord & all other tenants.

24. Subject to any proviso contained herein not to assign, underlet or part with or share possession of the Premises or any part thereof or the furniture or any part thereof or to take any lodgers or paying guests in the Premises.

Use of Premises

25. To only use the Premises as a private residence and not to carry on any trade or business whatsoever. Not to use the Premises for any sale or auction.

26. To use broadband services, when available, in a legal, responsible and appropriate manner.

27. Not to use or permit the Premises to be used for any illegal or immoral purpose, as defined by traditional Christian beliefs.

Pets

28. Not to allow a cat or dog or other pet upon the Premises. Caged pets may be kept subject to gaining prior written permission from the Landlord.

Tenant Behaviour

29. Not to cause nuisance, noise, annoyance, inconvenience, damage or disturbance to the Landlord, other Tenants or to any of the occupiers of adjoining or neighbouring premises.

30. Not to play music or make any noise audible outside the room where it is being produced or cause disturbance inside or outside the Premises between 11.00pm and 8.00am.

31. Not to smoke inside any part of the premises & to only smoke in the back garden if all doors & windows are closed.

32. Not to exhibit any advertisement, placard, bill or notification whatsoever in the windows or doors or any part of the exterior of the Premises. Not to hang any clothes or articles on the outside of the Premises except in the back garden (if any).

33. Not to remove any of the Effects from the Premises. To leave the contents in the same rooms and positions as found at the commencement of the tenancy and outlined in the inventory at the termination of the tenancy. To make good, or pay for any furniture, fixtures and Effects that have been broken, lost or damaged during the tenancy (fair wear and tear and damage by the Tenant excepted). Should the Tenant not leave the Premises or any part thereof in a condition acceptable to the Landlord at the end of the tenancy then the Landlord reserves the right to place the Premises or Effects in an acceptable condition or to replace the item(s) and remove all rubbish at the Tenant's expense.

34. To place all refuse and recyclable materials in proper bins and to ensure that they are available for the local authority to collect on a weekly or fortnightly basis.

35. To inform the Landlord of any change of mobile telephone number or e-mail address within 1 week of any such change, and to use best endeavours to inform the Landlord of any changes in contact details of Guarantors.

36. To use the electrical supply safely and not to overloading the supply.

37. To seek & gain written permission from the landlord before changing gas or electricity meters or suppliers.

Insurance & Security

38. To insure their own personal possessions if desired. The Landlord assumes no duty of care in respect of the Tenant’s personal possessions or vehicles.

39. To use all installed locks, bolts and other security devices at all times whilst the Premises are unattended. Furthermore if the Premises are left unattended for more than forty eight hours to arrange for a responsible person acting on behalf of the Tenant to inspect the Premises at intervals of not more than three days.

40. Not to do anything whereby any insurance of the Premises and Effects against fire or theft may be rendered void or invalid or whereby the premium for such insurance may be liable to be increased.

Termination of Contract

41. When vacating the Premises the Tenant undertakes to leave the Premises and all the Effects therein in a thoroughly cleaned and tidy condition and to launder, clean or dry-clean as necessary any bed linen, carpets and soft furnishings (expert advice and assistance to be sought where appropriate). If the Premises and Effects are not left in a thoroughly cleaned and tidy condition which is acceptable to the Landlord then the Landlord reserves the right to instruct a cleaner to place the Premises in a condition which is acceptable without further reference to the Tenant at the Tenant's expense.

Typical damage costs are as follows:

• General cleaning & gardening will be charged at a rate of £11.00 per hour

• re-painting of any wall (due to marks from sellotape, white/blu-tac, nails etc) will be charged at £25 per wall.

• A side of a door requiring repainting (due to marks from sellotape, white/blu-tac, nails etc) will be charged at £25

• Replacement of a any missing / broken light bulb will be charged at £5 each

• Replacement of used kitchen extractor filter will be charged at £15 if non vented to outside (2 filters required) & £10 if vented (1filter required).

• Replacement light shade £10

• Replacement double mattress (inc disposal of old mattress) £120 (allowing for depreciation over 7 years)

• Replacement of bedroom carpet (inc disposal of old carpet) £200 (allowing for depreciation over 7 years)

• Replacement built-in wardrobe door £80 (allowing for depreciation over 7 years)

• Supply and fit new WC seat £30 (allowing for depreciation over 7 years)

1. To permit the Premises to be viewed by future prospective tenants, buyers, agents, surveyors and other officers for special and periodic inspections at all reasonable hours of the day. The Tenants are to permit the Landlord or his agents to put up a notice outside the Premises stating that the Premises are to be let or sold.

2. When vacating the Premises to arrange with the Post Office to forward all mail from the Premises for a minimum of 3 months except that if the Tenant chooses not to make this arrangement all mail addressed to the Tenant & delivered to the Premises will be disposed of once the contract has terminated. (The Landlord or future tenants will not forward any mail to former tenants, since if required this should have been arranged with the Post Office direct.)

3. THE LANDLORD AGREES WITH THE TENANTS AS FOLLOWS:

1. That the Tenant paying the rent and observing the stipulations on his part herein contained shall during the tenancy quietly enjoy the said Premises without interruption by the Landlord or any person lawfully claiming under or in trust for him.

2. To make reasonable efforts to provide & maintain broadband where provided, taking into account the availability of IT services, service providers and advisers. The Landlord accepts no responsibility for any loss caused by failure of the internet services. The Landlord is also not responsible for the Tenant’s computers, nor for use made of the broadband by other tenants.

3. To keep the roof, gutters and external parts of the said Premises and the approaches thereto and the drainage thereof (except when the same becomes choked through the negligence of the Tenant or his servants) in good and tenantable repair and condition provided always that no claim shall be made against the Landlord for damage or loss resulting from the disrepair of the said roof, main walls, main timbers and main drains or any of them unless and until the Landlord shall have failed to make this good within a reasonable time from being made aware of such disrepair.

4. To refund the tenants on a pro-rata basis if the Premises are not ready for occupation on the agreed start date. If the Premises are not reasonably habitable on the agreed start date then a full refund of monies paid or waiver of monies due will be made, calculated on a daily basis for the proportion of the house agreed to be non-habitable until the Landlord declares the Premises to have become habitable. This waiver of monies otherwise due to the Landlord this is the limit of the Landlord’s responsibility for such an event.

Insurance & Security

5. To keep the said Premises insured against loss or damage by fire, water and other normal risks insured against in a comprehensive residential insurance policy including theft of the Landlord’s Effects ('The Insured Risks') and in case of damage or destruction by the insured risks (unless the insurance monies shall be found to be irrecoverable through the act or default of the Tenant) to rebuild and reinstate the Premises as speedily as reasonably possible. No rent is payable for any period that the Premises remains uninhabitable but this is the limit of the Landlord’s responsibility for such an event.

Deposits

6. To register receipt of deposits with Tenancy Deposit Solutions Ltd (TDSL) (www.mydeposits.co.uk 0871 703 0552) and to abide by the Scheme Rules. This will be done within 14 days of the date of receipt of all the deposits relating to the premises.

7. To provide a cleaning and condition schedule listing what is expected by the Landlord at least two weeks prior to the Tenant vacating the Premises. The Landlord will typically itemise the fees that will be charged for any cleaning not carried out by the Tenant.

8. To return the deposit (less applicable deductions) to the Tenant within 10 days of the end of the tenancy.

9. To notify the lead tenant of the reason for any deductions from the deposit, and in the event of dispute, to co-operate with the procedures of the My Deposits Dispute Resolution Service.

4. IT IS MUTUALLY AGREED AS FOLLOWS:

1. That for the purpose of interpretation throughout this Agreement the masculine shall include the feminine and the singular include the plural and agreements or stipulations made by more than one person shall be deemed to have been made jointly and severally.

2. The Landlord hereby notifies the Tenant that the Premises are subject to a mortgage granted before the commencement of this tenancy and under Ground 2 of Schedule 2 to the Housing Act 1988 the Mortgagee may recover possession of the Premises and is entitled to exercise a power of sale.

3. That the Tenant shall by virtue of his failure to perform or observe any stipulations on his part contained in this agreement so that the conditions set out in all or any of Grounds 8, 10 - 15 inclusive and 17 of Schedule 2 to the Housing Act 1988 as amended by the Housing Act 1996 are fulfilled then the Landlord (or his Mortgagees) may recover possession of the Premises by Court action under the said Housing Act by satisfying the Court that all or any of those said Grounds are made out.

4. This agreement is intended to create an ASSURED SHORTHOLD TENANCY as defined in Section 20 of the Housing Act 1988 as amended by the Housing Act 1996 and the Landlord is entitled to possession of the Premises hereby demised at the end of the tenancy hereby created.

5. That the ASSURED SHORTHOLD TENANCY created by this agreement will be brought to an end by the Landlord or his agent giving to the Tenant two or more calendar months previous notice in writing to expire on the Termination Date specified on Page 1 of this document or upon such later date as may be provided for under Section 21 of the Housing Act 1988 or as otherwise provided for in Section 21 of the Housing Act 1988.

6. The rent will be adjusted at the discretion of the Landlord with effect from each anniversary of the start of the tenancy.

Contact information

7. In accordance with Section 48(1) of the Landlord and Tenant Act 1987 the Tenant is informed that the Landlord may be contacted at Churchill House, The Street, Olveston, Bristol, BS35 4DP, telephone 01454 613788 / 07967 822 895, fax 01454 202602, e-mail: houses@fionam.com. If the Landlord wishes to contact the Tenant formally he may do this by sending a registered letter to the Premises. The Tenant is hereby given notice that his Landlord's address for service of formal notices (including notices in proceedings) in respect of this tenancy is in the care of Angus & Fiona Macaskill, of Churchill House, The Street, Olveston, Bristol BS35 4DP. Any notice to be served upon the Tenant may be served either personally or by leaving it for him at the demised Premises or by sending it by Registered Post or by Recorded Delivery Post to such Premises. Furthermore any such notices sent by post shall be deemed to take effect from seven days after posting. Faxes, emails, answer phone messages and SMS-text messages should not be assumed to have been received by the Landlord unless the Landlord confirms that they have been received and understood.

8. Both Landlord and Tenant will inform all concerned parties of any change of mobile telephone number or e-mail address within 1 week of any such change.

Payment of rent

9. The Landlord will charge, and the Tenant will pay an additional £25 (twenty five pounds) per month (or part month) if any or all of the rent becomes overdue for a period of more than ten days. If rent is paid on time, but not by standing order mandate, The Landlord will charge, and the Tenant will pay an additional £10 (ten pounds) per payment to cover the additional administration. If any rent shall be ten days in arrears (whether legally demanded or not) or if the Tenant shall omit to perform or observe any stipulation on his part herein contained or shall suffer a receiving order in bankruptcy to be made against him the Landlord may re-enter upon the said Premises or upon any part thereof in the name of the whole and take possession thereof together with the furniture and Effects without any liability to an action at law for trespass or otherwise and the tenancy shall thereupon determine but without prejudice to any claim which the Landlord may have against the Tenant in respect of any breach of the Tenants stipulations herein contained and with power to recover all rent then in arrears and any further rent which may accrue under this Agreement.

Maintenance of the property

10. The Tenant will immediately inform the Landlord if there is a problem with the Property, which the Landlord is responsible for. The Landlord shall have a reasonable time to resolve the problem, and shall be allowed access to the property to assess, cost, and repair the property (as shall any workmen engaged by the Landlord). The Landlord shall not be responsible for any accidents occurring or damage resulting from any disrepair of the Premises unless and until he shall have been notified thereof and shall have failed to make good the same within a reasonable time.

11. The Landlord reserves the right for himself and/or his agents to inspect the Premises every three months and to check the inventory and to agree a schedule of dilapidations that have accrued since the commencement of the tenancy.

12. The Landlord will give the Tenant twenty-four hours notice of his or his agent’s intention to enter the Premises to inspect or carry out work unless an urgent inspection or urgent repairs are required

Special Conditions for Connection to the Internet

13. The Tenant acknowledges that any Internet service is provided as a privilege to the house on a shared basis and that these special conditions must be observed. The Tenant must provide his own computer(s) with a network card (where the Premises are ‘wired’) or if the Tenant wishes to take advantage of a Landlord-provided USB wireless adaptor (where the Premises are ‘wireless’) a USB v1.1+ capability and an Internet-based email account (eg Hotmail).

14. The connection is supplied on a ‘reasonable endeavours’ basis and the Landlord does not accept any responsibility for periods of unavailability, reduced performance or similar, whether or not this is caused by the Landlord, his equipment or ‘upstream’ providers who he is using to facilitate the service. The Landlord is not responsible for any problems created by other tenants.

15. The Tenant acknowledges that the equipment may not be configured for, or capable of, supporting some ‘advanced’ activities such as net-meetings, sending SMTP mail, particular ‘NAT’ or ‘port-forwarding’ settings, multi-player games etc.

16. If the Landlord can get one of his own computers to connect to the Internet and to internet-based email at the Premises then the system is defined as working. The Landlord does not provide support for any difficulties that the Tenant may be experiencing on the Tenant’s equipment or configuration. Once it is established that a correctly configured computer can use the connection, it is the Tenant’s responsibility to get his equipment working. If notwithstanding this, if the Landlord does give further help then this is provided without any warranty as to its effectiveness or to the foreseen/unforeseen consequences or damage of such help.

17. It is mutually noted that the Internet is well known to be an area with various dangers including specifically: viruses; information theft; offensive / pornographic content; undesirable chat-rooms; piracy; and various fraudulent, illegal and immoral propositions for the unwary. The Landlord does not accept responsibility for the Tenant, his finances, or his equipment being in any way damaged through the use of the Landlord’s connection. Further, the Tenant agrees not to use this connection to establish, engage in, encourage or promote such things. (The Landlord strongly suggests that the Tenant uses an effective virus-checker – see eg: http://www.grisoft.com - together with other precautions, and that the Tenant acquaints himself with their correct use and that he keeps these up to date. The Landlord further suggests that the Tenant does not allow his files to be shared with or manipulated by others. It is mutually noted that when using the log files for system maintenance, the URL’s that have been visited may be apparent to the Landlord (or anyone acting on the Landlord’s behalf.) The Tenant must always use internet services in a reasonable manner.

18. The Tenant agrees to keep within the laws of the UK and within the requirements published by the major Internet providers in the UK including those of BT, Orange and PlusNet. Breach of copyright, handling pornography or defamatory content is forbidden. If the Tenant does not observe these or the other special conditions of connection, the Landlord reserves the right to discontinue use of the Internet connection for the remainder of the Term and not to provide any reimbursement. The Tenant must reimburse to the Landlord any fees or charges incurred due to the Tenant’s behaviour whilst using internet services.

19. Broadband connections are a shared (i.e. ‘contended’) resource both within the house and within the locality. Performance will vary for this reason. The Tenant is required not to exacerbate this matter by doing very high bandwidth-absorbing activities. These include (but are not limited to):

    1. Peer to Peer connections (e.g. Napster-style music ‘sharing’)

    2. Multi-player games, VPN use and Conferencing

    3. Web-sit hosting, FTP serving or similar

    4. Internet telephony

    5. Any commercial or non-private use whatsoever

20. If the Landlord has provided a phone line to enable the broadband connection, then the Tenant may use the line to receive calls but must not attempt to make any calls that incur any charges on this line unless pre-authorised with the Landlord. Unless specifically authorised and requested to do so by the Landlord: the Tenant must leave undisturbed all the ‘Boxes’ (switches, routers, hubs, antennae, modems and filters etc.) and ensure that they are permanently connected to mains electricity and any relevant phone line. Disturbance could affect the Internet connection of other users or other houses nearby. The Tenant must not attempt to log into these Boxes.

21. Tenants are reminded that the Landlord is not responsible for any losses caused by unavailability of the Service. Therefore, if a matter requires access to the internet, they are advised to accomplish it well in advance of any deadline. This applies in particular to academic work, and especially where academic work is to be submitted to supervising staff via the internet.

22. It is agreed that the Landlord will sometimes require access to these Boxes both remotely and physically at reasonable times of the day - but sometimes at short notice in order to diagnose and fix problems for the Tenant or others located nearby.

23. It is agreed that if broadband availability fails and in the event that the Landlord does not provide reasonable endeavours to restart the connection, this contract will still be valid and all rent payable under this contract will still be payable.

Other Special Conditions (Stanbury Avenue houses)

24. The Tenant agrees that there shall be no more than two cars per household parked on Stanbury Avenue at any one time.

Agreed and signed by the within named TENANTS, who further confirm that they have seen a valid Gas Safety Certificate for the Premises:

	Date
	Date
	Date
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Agreed and signed by the agent of the within named LANDLORD:

Fiona Macaskill

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