Tenancy Agreement Clauses

[hushpuppy7]

Dear All, following the excellent advice you all gave me in respect of finding a tenant may I now ask your advice as to what clauses you insist on or indeed add to an agreement and the rationale for them please?

[Richlist]

We all have different clauses......both in terms of how many & their content.

Here are a few of mine. None have been tested.

WARNING....its a boring read.

Cherry pick those that you think you might need.

THE Tenant hereby further agrees with the Landlord as follows:

3.

a) To keep all electric lights in good working order and in particular to replace all bulbs fuses and fluorescent tubes as necessary.

Deliver up to the Landlord the Property and all original or new fixtures and additions thereto (except such as the Tenant shall be entitled by law to remove) and the furniture equipment and effects specified in the Inventory or the articles substituted for the same at the expiration or sooner determination of the tenancy in such good clean state and condition and repair as set out in this Agreement.

c) If the said Inventory has not been prepared and signed by the parties hereto prior to the date hereof the Landlord or the Agents will provide an Inventory & Schedule of Condition to the Tenant within one week of the date hereof and the Tenant shall sign & return a copy thereof to the Landlord within five working days of receipt of the same. If the Tenant shall not return such a signed copy within such period (of which time shall be of the essence) the Tenant shall be deemed to have accepted the Inventory & Schedule of Condition as prepared unless within such a period he notifies his objections to the same in writing to the Landlord.

d) In addition to Clause 3 (xix) to keep cleansed and free from obstruction all sanitary apparatus water and waste pipes and ducts belonging to or forming part of the property and replace all washers and (if applicable) to keep the Landlord and all other tenants and occupiers of the building of which the Property forms part fully indemnified against failure to comply with this covenant.

e) To take all reasonable precautions to prevent damage to the sewers sanitary apparatus water and waste pipes and the water system generally by freezing during the winter months. During the winter months to provide constant minimum heating and take all other reasonable steps necessary to prevent frost damage and in the event of such damage caused by the Tenant’s failure to take such precautions the Tenant shall forthwith and at the Tenant’s expense effect all such necessary repairs to reinstate the system into good working order. At all other times of the year, if the property is empty for more than forty-eight hours all stop cocks to be turned off.

f) In addition to Clause 3 (xxi) to pay for the appropriate cleaning of all carpets and upholstery and the cleaning of the whole Property including the inside and outside of all windows and all kitchen and bathroom equipment which shall in the opinion of the Landlord or his Agents whose decision shall be final and binding on the Tenant have been soiled during the tenancy.

g)(i) Not leave the Property vacant or unoccupied for a period in excess of twenty-one consecutive days without first giving written notice to the Landlord of the intention so to do and obtaining a written acknowledgement from the Landlord of such notice.

g(ii) To ensure that the property is secured at all times against unauthorised entry which obligation shall extend (not by way of limitation) to fully locking all doors and windows.

h) (i) Not alter or change or install any locks on any doors or windows in or about the Property or have any additional keys made for any locks without the prior written consent of the Landlord.

h (ii) If any such additional keys are made to deliver the same up to the Landlord together with all original keys at the expiration or sooner determination of the tenancy and in the event that any such key has been lost pay to the Landlord on demand any costs incurred by the Landlord in replacing the locks to which the lost key belonged.

j) (i) Not to do or suffer to be done any act or thing which may be nuisance or annoyance to the Landlord or to the occupiers of any adjoining premises or which may vitiate any insurance of the Property or the consents thereof against fire or otherwise increase the ordinary premium.

j (ii) In the event of loss or damage by fire or impact or other causes immediately to inform the Landlord or his Agents and thenceforth give full written details thereof in order to enable the Landlord to make a claim to the Landlord’s insurance company.

k) Not commit or allow the commission of any act which could lead to the prosecution of the Landlord under the Misuse of Drugs Act 1971 (or any statutory enactment which replaces or modifies the same) nor bring, keep or permit the keeping of any unlawful drugs or prohibited substances in the Property.

l) To clean all the windows both inside and out of the Property and wash and iron all net curtains therein once in every three months of the tenancy. Not permit any waste spoil or destruction to the Property nor keep any combustible inflammable dangerous or offensive goods provisions liquids substances or materials on the Property.

m) Not take into, keep or use in the property any heater or like equipment which requires gas, paraffin or other liquid fuel for consumption nor to keep any combustible offensive or dangerous fluid, fuel or materials upon the Property and strictly comply with all Statutory Requirements and Regulations and all directions and notices received from any Local Authority or Fire Brigade, and or any electricity or water supplier; and allow access for all necessary repairs and works and co-operate with the Landlord or his contractors in this respect.

n) To ensure premises are adequately ventilated and prevent damage by mould.

p) The Tenant shall be responsible for the up-keep of all smoke detectors fitted to the premises by checking each and every month throughout the Tenancy Agreement, replacing batteries as necessary and ensuring that they are kept in working order.

q) In the event that the Tenant’s goods or any of them or any possessions belonging to members of the Tenant’s household shall not have been removed from the Property at the time of expiration or sooner determination of the tenancy to pay to the Landlord damages at the rate equal to the rent until the Tenant shall have removed all such goods and in the event of them not being removed the Landlord shall be entitled to remove the same at the sole risk of the Tenant and to charge the Tenant for the cost of removal and storage.

r) The Property is subject to a mortgage in favour of xxxxxxx plc. It is irrevocably agreed between the parties that the Tenant will, if so requested by xxxxxxxxx plc or the Landlord, make rental payments ( in part or in full ), direct to xxxxxxxxxx plc in a manner duly specified at the time of any request.

s) Inform the Landlord promptly (and in any event within three days of becoming aware) of any damage destruction or want of repair to the Property or any fixtures and fittings thereon.

t) Tenant to ensure that at regular intervals the cooker is cleaned and fridge defrosted and washing machine filter is cleared.

u) Tenant should read all operating instructions and washing instructions provided in writing and/or on product labels. Damage resulting from incorrect usage by the Tenant or damage resulting from not following the correct washing instructions by the Tenant is the Tenants responsibility and repair or replacement will be charged to the Tenant.

w) In addition to Clause 3 (x) if the Tenant is unable to grant access to the Landlord or his Agent he hereby authorises the Landlord or his Agent to use his own key to gain access within three days of making such a request.

y) If the rent or other sums of money as aforesaid shall be unpaid for the three days after
becoming payable to pay interest in respect of the period from the date when the Rent or other sums of money become due until the date of payment at the rate of four per cent (4%) per annum above Lloyds Bank base rate for the time being.

z) Children are not permitted to be resident on the premises or any part of them other than as temporary guests or invitees.

aa) i) If a combined Washing Machine & Drier (Washer/Drier) is supplied as part of the contents of the property and the same fails or breaks down during the term of the Tenancy and is in the opinion of the landlord not cost effective to repair the landlord may at his/her discretion replace the Washer/Drier with a Washing Machine without a drier feature.

ii) If a Halogen Hob or Halogen Cooker is supplied as part of the contents of the property and the same fails or breaks down during the term of the Tenancy and is in the opinion of the landlord not cost effective to repair the landlord may at his/her discretion replace the Halogen Hob or Halogen Cooker with a conventional electric hob or cooker.

iii) If a Microwave Cooker with or without grill is supplied as part of the contents of the property and the same fails or breaks down during the term of the Tenancy and is in the opinion of the landlord not cost effective to repair the landlord may at his/her discretion decide not to replace the article for the remaining term of the Tenancy.

ab) Tenant is not permitted to fix, screw, nail, glue or pin any object, picture or article on the walls door or furniture without the prior written consent of the landlord or his Agent.

ac) The Tenant is not permitted to make any adjustment to the temperature setting of the domestic hot water system. The temperature is set at the commencement of the Tenancy Agreement as recommended by the water company / system manufacturers. Any repairs required due to failure of the system following adjustment of the temperature setting by the Tenant will be charged to the Tenant.

ad) The rent will increase at the expiry of the fixed term, and thereafter at intervals of not less than six months. The amount of increase will be determined by market conditions, and the Landlord will give notice of the amount at least one calendar month before it takes affect."

ae) The landlord may remove, store and if not collected within 30 days, may sell or otherwise dispose of any furniture or goods which the tenant fails to remove from the property at the end of the tenancy. The tenant shall be responsible for all reasonable costs which the landlord may incur. The landlord shall be entitled to deduct such costs from any monies lawfully due to the tenant.

af) The tenant will make arrangements for someone (either themselves or another person, at their discretion) to be present at the property if a repair tradesman needs to visit the property to check or make repairs to any electrical appliance supplied by the landlord.

ag) Break Clause - The Landlord or Tenant may end the tenancy by providing not less than one month’s written notice expiring at any time after six months from the beginning of the tenancy.

Signed by

Landlord: Date:

Tenant: Date:

[Grampa]

Nice list Richlist I would change clause "t" slightly though and put a timescale in as "regular intervals" could mean something completely different from one person to another. Maybe something like "Tenant to ensure that at regular intervals no longer than x months/weeks apart"

My contribution to the original question is:

1 The tenant agrees to pay any costs charged by a contractor and incurred by the landlord as a result of the tenant breaking a previously agreed appointment.

2 The tenant agrees not to smoke in the dwelling nor allow anyone else to smoke in the dwelling. Any breach of this clause and/or any evidence of smoking be found during or after the tenancy the tenant agrees to be fully liable and responsible for costs associated, rectification of any damage caused and for any appropriate redecoration, cleaning, fumigation and replacement of any items required to return the property to its original state and the complete removal of all smoking stains, smells and other side-effects. The tenant agrees these costs can be deducted from the deposit, or any funds held and if there are any costs remaining they will remain the tenants liability.

3 To have the carpets and or oven professionally cleaned at the end of the tenancy at the tenants expense and provide a receipt if the carpets and or oven were professionally

cleaned, new or re-conditioned prior to the tenancy starting.

4. The tenant agrees to a deduction from the deposit of £30 for administrating any dilapidations after the tenancy has ended (if any).

5 The tenant is to supply a contact address when the tenancy comes to an end to which the deposit will be sent to

[hushpuppy7]

Thanks guys these are great. I have been thinking about issues that Landlords have highlighted and one that sees to reoccur is items other than toilet roll being put down the toilet. What's your thoughts on being specific on this point or do you think your clauses (above) already cover this?

[Richlist]

Never had a toilet roll stuffed down the bog or in fact any plumbing blockage in 15 years.

But its covered in my clause here:

d) In addition to Clause 3 (xix) to keep cleansed and free from obstruction all sanitary apparatus water and waste pipes and ducts belonging to or forming part of the property and replace all washers and (if applicable) to keep the Landlord and all other tenants and occupiers of the building of which the Property forms part fully indemnified against failure to comply with this covenant.

Risk can often be mitigated by careful tenant selection.

[Grampa]

The tenant agrees to clear any stoppages or blockages when any occur in any of the drains, sinks, toilets or waste pipes in or about the property. Any works must be completed to a good workman standard by a competent person.

We only enforce the above when it suits us and the blockage isnt caused by faulty or broken pipework.

[Mortitia]

I do have a clause about nothing but toilet paper down the loo but it applies to just one of my properties that has a Saniflo system as it is below ground level.