ASSURED SHORTHOLD TENANCY AGREEMENT - … Hamways AST - Bre… · 1 assured shorthold tenancy...

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ASSURED SHORTHOLD

TENANCY AGREEMENT

THIS IS A BINDING LEGAL DOCUMENT AND YOU ARE ADVISED TO

TAKE LEGAL ADVICE PRIOR TO THE SIGNING OF THIS DOCUMENT. BY

SIGNING THIS DOCUMENT IT IS DEEMED THAT YOU HAVE

UNDERSTOOD THE TERMS AND HAVE ACCEPTED THIS AGREEMENT.

A copy of the Buildings Insurance Policy document will be made available prior to

the signing of this agreement. We would strongly recommend that you read this

Policy document prior to signing this document.

If you are unsure or do not understand any of the terms within this agreement we

strongly recommend you obtain an explanation before signing by contacting a

Solicitor or advice centre.

Please note that any assured tenancy (including a statutory periodic tenancy)

commencing on or after 28th

February 1997 will be an assured shorthold tenancy unless it

falls within any paragraph 2a of the Housing Act 1988

This agreement is subject to all laws and statutes affecting assured shorthold tenancies. In

the event a court of law determines that any clause in this agreement is deemed invalid or

unfair then, this will not render the remaining clauses invalid or unfair.

Contents

Page 2 - Tenancy Deposit Scheme

Page 5 - MAIN TERMS

Part 1 - Definitions

Part 2 - Tenants Obligations

Part 3 - Landlords Obligations

Part 4 – Rent Review

Part 5 – Deposit

Part 6 - General Clauses

Part 7 – Guarantor

Part 8 – Break Clause

9 - SIGNATURES

Page 20 - Disclaimers

WWW.HAMWAYS.COM

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Version 4 –February 2015 / dac

Tenancy Deposit Scheme Information

A1 Address of Property to which the tenancy relates:

Address

Term: One year from date Monthdate 2014

Details of deposit holder

A2 Name of Deposit Holder: Hamways Limited

A3 Address of Deposit Holder:

104 Station Road East

Oxted

Surrey RH8 0QB

A4 E mail address [email protected]

A5 Telephone Number: 01883 730890

A6 Website Address www.hamways.com

Details of tenant

A7 Name(s) Nameoftenants

Tenant2

Guarantor(s): Gurantorname

A8 Address(es) for contact after the tenancy ends (if known)

A9 Email address(es) (if applicable)

A10 Mobile number(s) (if applicable)

Details in A7 -10 for each tenant and for other relevant persons (ie. agents,

guarantor paying the deposit etc) are to be provided above.

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The Deposit

A11 The deposit is £ deposit

A12 The holder of the Deposit will register the Deposit with and provide other required

information to the Tenancy Deposit Scheme within 30 days of the commencement of the

Tenancy or the taking of the Deposit whichever is earlier and provide proof to the Tenant of

compliance. If the holder of the Deposit fails to provide proof within 30 days the Tenant

should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or

other housing advisory service.

A13 A leaflet entitled ‘What is the Tenancy Deposit Scheme?’ explaining how the Deposit

is protected by the Housing Act 2004, is attached to this document for the Tenant.

A14 At the end of the tenancy the deposit will be released following procedures set out in

clauses in Part 4 of this Tenancy Agreement.

A15 Deductions may be made from the deposit according to Clauses 4.3 of this Tenancy

Agreement. No deductions can be made from the deposit without written consent from both

parties to the Tenancy Agreement.

A16 The procedure for instigating a dispute regarding deductions from the deposit at the

end of the tenancy is summarised in ‘What is the Tenancy Deposit Scheme?’ which is

attached and forms part of this tenancy agreement. More detailed information is available

on: www.tds.gb.com.

A17 TDS are specifically excluded under statutory instrument from adjudicating where,

despite making reasonable efforts to do so, the Landlord or the Agent are unable to contact

the Tenant, or the Tenant is unable to contact the Landlord or the Agent. Under these

circumstances, the Member must do the following:

� Make every practical effort, over a reasonable period of time but for no longer than it

would take for the ICE to resolve a dispute, to contact the (ex)-tenant/landlord using

information readily available.

� Determine dilapidations, rent arrears and any other prospective deductions from the

deposit as they would normally do.

� Allocate the deposit, pay the party who is present as appropriate, and transfer the

amount due to the absent tenant/landlord to a suitable designated ”Client Suspense

(bank) Account”.

A18 A formal record of these activities should be made and supported by appropriate

documentation.

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A19 Following sufficient time (usually at least six years) having elapsed from the last

contact from the absent tenant/landlord the Member may then donate the amount allocated

to them to a suitable registered charity –subject to an undertaking that any valid claim

subsequently received by the Member from the beneficial or legal owner would be

immediately met by the Member from its own resources.

A20 Should the absent tenant/landlord return within that period and seek to dispute the

allocation of the deposit, the ICE may offer to adjudicate.

The Landlord confirms that the information provided to the Agent and the Tenant is

accurate to the best of his knowledge and belief and that the Tenant has had the opportunity

to examine this information.

The Tenant confirms he has been given the opportunity to examine this information. The

Tenant confirms by signing this document that to the knowledge of the Tenant the

information is accurate to the best of his knowledge and belief.

Signed by the Tenant:

Signed by the Agent:

The Deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by

Tenancy Deposit Scheme

PO Box 1255

Hemel Hempstead

Herts

HP1 9GN

Phone 0845 226 7837

Web: www.tds.gb.com

Email: [email protected]

Fax: 01442 253193

The Dispute Service Ltd also offers a service for enabling a dispute relating to the deposit to

be resolved without having to go to court.

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Agreement for letting an unfurnished dwelling house on an assured shorthold tenancy

under Part 1 of the Housing Act 1988 (as amended by the Housing Act 1996)

DATED : date Monthdate 2014

PARTIES : Legalownername Ltd

The Landlord

of: Haskell House 152 West End Lane

London NW6 1SD

: Nameoftenants

The Tenant(s)

of: xxxx

: Tenant2

The Tenant

of: xxxx

: Gurantorname

The Guarantor

of: xxx

PROPERTY : Property

TERM : A term certain of one year from the

date day of Monthdate 2014

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

monthly basis until such time as it is terminated by

either party.

RENT : £rent per calendar month

PAYABLE : In advance by equal monthly payments on

the date day of each calendar month

FIRST PAYMENT TO BE MADE ON: date Monthdate 2014

DEPOSIT : £deposit to be paid on the signing hereof

to the Agent and to be dealt with in

accordance with Part 4 of this agreement.

AGENT: : Hamways Limited

of: 104 Station Road East, Oxted,

Surrey, RH8 0QB

Telephone: 01883 730890

www.hamways.com

The Managing Agent is appointed by the Landlord. The Landlord reserves the right to change

the Agent at any time and will notify the Tenant of such changes.

• The Landlord lets and the Tenant takes the Property for the Term at the rent payable as

above.

• This agreement creates an assured shorthold tenancy within Part I Chapter II of the

Housing Act 1988. When the Term expires, the Landlord can recover possession by

serving formal notice under section 21 of that Act unless the Landlord gives the Tenant a

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notice under paragraph 2 of Schedule 2A to that Act stating that the tenancy is no longer

an assured shorthold tenancy.

• This agreement incorporates the definitions, obligations and provisions set out in parts 1

to 5 of this agreement.

PART 1 DEFINITIONS Landlord An individual or company who lets property.

Superior landlord A person(s) to whom the ownership or interest in the Leasehold premises

might revert at the expiry of the lease.

Head or Superior lease Refers to the lease agreement under which your Landlord holds the

property, the terms of which all parties must comply with.

Tenant A person, or persons named on this agreement, who are entitled to

reside in the property under the terms of this tenancy agreement.

Joint and several

liability

This term means that jointly the tenants are liable for the payment of all

rents and all liabilities falling upon the tenants during the tenancy in

addition to any breach of the agreement. Individually, the tenant will be

responsible for payment of all rent and liabilities falling on the tenant or

the group of tenants as well as any breach of the agreement until all

payments have been made in full.

The Property Comprises the Property let by this agreement and all parts, gardens,

garages, out-buildings and if applicable common areas where rights of

way/passage already exist that are included within the tenancy.

Deposit Any sum collected from the tenant at the start of the tenancy (or within

14 days of the tenancy becoming an assured shorthold tenancy within

the meaning of the Housing Act 1988 if this occurs after the receipt of

the deposit) as prescribed in the tenancy agreement and held by the

member on behalf of the tenant as security against performance of

obligations under the tenancy agreement; any damage to the property

etc.; and/or non payment of rent during the tenancy period.

Stakeholder Means a person or body who holds the deposit at any time from the

moment it has been paid by the tenant until its allocation has been

agreed by the parties to the tenancy agreement, determined by the ADR

process, or ordered by the court.

TDS The Dispute Service

Consent Agreement from the Landlord/Agent where required which must be

confirmed in writing.

Covenant An agreement/contract.

To agree to or promise (something) by entering into a covenant

Forthwith Immediately without delay

Indemnify Protect or secure in respect of a loss. Compensate for expenses

Secure against legal responsibility for actions.

Agent An individual or Company who lets or manages property on behalf of its

owner.

Fixtures and fittings Any items within the property at the commencement of the tenancy or

items added by the Landlord/Agent thereafter that do not belong to the

tenant.

Water charges Includes water, sewerage and environmental services charges

Month/Monthly Means a calendar month.

Inventory and or

Schedule of Condition

Document prepared prior to commencement of the tenancy for or by the

Landlord listing all items and if applicable the condition of all items

within the property belonging to the Landlord

Member Means an agent or Landlord who has joined TDS. Hamways Ltd TDS

membership number GO2465

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PART 2 - TENANT’S OBLIGATIONS

GENERAL LIABILITIES, SERVICES AND UTILITIES

2.1 To pay the rent to the Landlord on the date it is payable each month.

UTILITIES

2.2 To arrange as soon as possible with the relevant authority for all accounts in

respect of electricity, gas, oil or other applicable fuel, water, drainage and

telephone at the property to be addressed to the Tenant in his own name.

2.3 To pay all standing charges in connection with the suppliers of electricity, gas, oil

or other fuel to the property, water and drainage and all charges for gas,

electricity, oil and water which shall be consumed or supplied on or to the

property during the tenancy.

2.4 To pay all charges made for the use of the telephone at the property and to notify

the Landlord or Landlord’s Agent of the new telephone number if the Tenant

changes the number.

2.5 Not to allow the electricity, gas, water, telephone or any other services to be

disconnected or removed and should any of the said services cease to operate

throughout the tenancy, the Tenant should bring this to the attention of the

Landlord or Landlord’s Agent.

2.6 If there is a septic tank or cesspit serving the property, the Tenant will be

responsible for any costs associated with the emptying or clearing of same.

2.7 At commencement of the tenancy, the Tenant should notify the relevant Local

Authority of their names and start date of the tenancy and ask the council to send

all demands for Council Tax to the Tenant’s for the term of the tenancy. The

Tenant will be responsible for the payment of Council Tax or any other similar

charge replacing Council Tax during the tenancy.

2.8 To obtain a current television Licence in respect of any television set in the

Property, whether belonging to the Landlord or the Tenant.

2.9 Not to change the provider of any of the utilities or services referred to previously

without providing details to the Landlord or Landlord’s Agent. Not to alter or

interfere with any of the apparatus and meters providing the Property with the

services and not to install any key meter or water meter without the Landlord’s

prior consent.

2.10 The Tenant must ensure that any gas or electrical appliances brought into the

Property by the Tenant, if applicable, are properly connected to the appropriate

pipe-work or electrical socket by a suitably qualified engineer. Should such

appliance at any time during the tenancy become unsafe or dangerous the Tenant

must cease using the appliance immediately and arrange for a suitably qualified

engineer to remove/replace the appliance.

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GENERAL LIABILITIES

2.11 Any Tenant party to this Agreement be jointly and severally responsible and

liable for all the terms contained within this Agreement.

2.12 Where the Property is subject to a Head or Superior Lease, the Tenant must

comply when notified with any provision contained within the Superior or Head

Lease which affects the way in which the Landlord or the Tenant may use the

property and any communal grounds. Where appropriate, a copy of such

document will be supplied to the Tenant prior to the signing of this agreement.

2.13 Within 7 days after the receipt of any Notice given or Order made by any

competent authority in respect of the property to give full particulars thereof to

the Landlord or Landlord’s Agent and to join with the Landlord, if requested, in

taking such reasonable lawful steps to comply with the notice.

INSURANCE

The Landlord confirms that the property is fully insured with a reputable

insurance company (subject to 2.17) under a comprehensive buildings policy. A

copy policy is available upon request.

2.14 To inform the Landlord or his Agent of any loss or damage to the Property under

the usual risks covered by a buildings insurance policy, namely, fire, theft, water,

damage, impact or other causes under which the property is insured and to inform

as soon as possible the Landlord or the Landlord’s Agent and provide written

details of such loss or damage within 7 days of the incident occurring.

2.15 Not to do anything or fail to do anything which may lead to damage or loss to the

Property and to take reasonable precautions to prevent any loss or damage caused

by invited guests or visitors which may lead to damage or loss of the property.

2.16 The Landlord reserves the right to claim from the tenant as additional rent all or

part of an excess in the policy as a result of damage or loss to the Property as

specified in Point 2.15 above.

2.17 It is the Tenant’s choice whether to take out any Contents Insurance to cover their

own belongings, furnishings and equipment brought into the property, the cost of

which will be the Tenant’s responsibility. The Landlord will not insure these

items.

2.18 The Tenant shall not do anything that may invalidate the insurance arranged by

the Landlord of the Property or the contents belonging to the Landlord or to

increase the premiums that may be payable for that insurance.

SECURITY

2.19 Not to alter or change or install any locks on any doors or windows or in or about

the Property or have any additional keys made for any locks without the prior

consent of the Landlord or his agent. Landlord’s consent will not be

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unreasonably withheld but it will be a condition of such consent that a working

set of keys to any new locks be supplied to the Landlord or Landlord’s Agent.

2.20 Not to alter any burglar alarm code (if applicable) without the prior consent of the

Landlord or the Landlord’s Agents, such consent not to be unreasonably

withheld.

2.21 When the Property is left empty the Tenant is to take reasonable precautions to

keep the property secure, ensuring all external doors and windows are shut and

locked where locks are fitted and any burglar alarm is set and secured.

GARDEN

2.22 To maintain the garden at the Property in good order, to cut the grass and keep the

borders free from weeds, not to cut down or dig up any trees, shrubs or plants or

alter the general character of the garden and throughout the tenancy to cultivate

the garden in a reasonable manner in accordance with the season of the year so

that the garden remains in no worse condition than at the commencement of the

tenancy.

HOUSING BENEFIT

2.23 To be liable at any time to reimburse the Landlord or his Agent any sums which

the Landlord or his Agent is required to repay to the local authority in respect of

Housing Benefit which has been paid direct to the Landlord or his Agent on

behalf of the Tenant, and accepted in good faith, but is subsequently shown to

have been paid incorrectly or as a result of fraud, error or ineligibility of the

Tenant.

2.24 Should the Tenant at any time during the tenancy claim and receive Housing

Benefit payments such payments should be made payable to the Tenant by the

Local Authority as it is the Tenant’s responsibility to bank cheques and forward

cleared funds to the Landlord or Landlord’s Agent. The Landlord will not accept

Housing Benefit payments direct.

USE OF THE PROPERTY, FIXTURES AND FITTINGS

2.25 Use the property in a careful and responsible and tenant-like manner and be liable

for the fair net costs involved in carrying out any repair or maintenance to the

property and its fixtures and fittings, including glazed windows and doors, where

such repair or maintenance is necessary as a result of the Tenant or the Tenant’s

guests or visitors misuse of the Property. The Tenant must report any items of

repair to the Landlord or Landlords Agent.

2.26 Not do or allow to be done anything which may be a nuisance or annoyance to the

occupiers of any adjoining premises. Not to act in a manner which may

reasonably be described as antisocial behaviour which may include, but is not

limited to, unreasonable noise capable of being heard outside of the demise,

aggressive or confrontational behaviour with any third party, littering or leaving

belongings outside of the demise.

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2.27 Not to use the Property or permit it to be used for any illegal or immoral purpose

or to consume or allow consumption of any illegal drugs in contravention of any

statute, regulation or bye-law.

2.28 Not to keep any animals, birds, reptiles or rodents in the property without the

consent of the landlord. Please refer to www.hamways.com for our policy on

pets.

2.29 Not assign underlet charge or part with or shared possession or occupation of the

Property or any part thereof.

2.30 Not to carry on or permit to be carried on from the property any profession, trade

or business capable of becoming a statutory protected business tenancy (or a

business tenancy within the meaning of the Landlord and Tenant Act 1954 part 2)

or which may result in a breach of any statutory provision including the Planning

Acts, Housing Acts, Health and safety Regulations or Public health Regulations,

or to sub-let or receive paying guests at the property but to use the same as a

private residence in the occupation of the Tenant and his guests.

2.31 To notify the Landlord or their Agents in writing prior to leaving the property

vacant for any consecutive period of 30 days or more during the tenancy.

2.32 To clean internally and externally all reasonably accessible windows to the

Property throughout the term of the tenancy.

2.33 To ensure that any working chimneys within the Property if in use are properly

swept at least every year by any appropriate tradesman.

2.34 To ensure any electrical power outlets within the Property are not overloaded by

inappropriate use of adaptors, extension cables or inappropriate appliances.

2.35 To ensure that light bulbs, fluorescent tubes, fuses etc., are renewed when

required during the tenancy and are left in working order at the end of the

tenancy.

2.36 It is the Tenant’s responsibility to ensure any battery operated alarms within the

property are tested on a regular basis and to renew any batteries as and when

required. These may include smoke alarms, heat alarms, carbon monoxide (CO)

alarms.

2.37 Not to pull down, alter, add to or in any way interfere with the construction of the

Property or the internal or the external decoration or decorative scheme or colours

thereof. Not do or permit or suffer to be done anything upon the Property which

shall cause damage to or deterioration of the internal or external surface thereof or

the coverings or decoration of or to such surfaces. In particular, not to use any

nails, pins, screws, pegs or bolts as fixings to the walls or ceilings but only to use

proper picture hooks for this purpose and to be liable for the fair cost of making

good and re-decorating any damage caused as a result of such fixings.

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2.38 To notify the Landlord or the Landlord’s Agent as soon as possible of any defect,

damage or disrepair which occurs at the Property including any internal and

external common parts and areas which could be, or could reasonably be expected

to become, a hazard or danger to life or limb or to the fabric of the property itself.

The Tenant must not carry out or authorise repairs except to take reasonable steps

in an emergency to restrict or diminish such immediate dangers or damage. Any

costs incurred will not be reimbursed unless approved in advance by Hamways or

at their absolute discretion when reasonably incurred in exceptional

circumstances.

2.39 Not deposit any store of coal or fuel at the property other than in a quantity

appropriate for normal domestic use in any receptacle or tank provided for that

purpose. Not to keep within the Property anything inflammable which may

reasonably be considered to be a fire hazard and create a danger to the Property,

occupants or neighbours.

2.40 To take such reasonable precautions to prevent damage resulting to the water

system at the Property through frost or freezing during the winter months and in

the event of such damage caused by failure to take such precautions forthwith to

effect such emergency repairs as may be necessary to prevent further damage to

the Property and then to immediately notify the Landlord or Landlord’s Agent.

2.41 Not to fix, exhibit or permit or suffer to be affixed or exhibited any aerial, satellite

dish, notice, advertisement, flag, placard or poster without first obtaining the prior

consent of the Landlord or the Landlord’s Agent such consent not to be

unreasonably withheld. Should consent be given then the Tenant will be

responsible for the removal and the cost of making good any damage or

redecoration.

2.42 Not to affix to the windows or doors of the Property internally or externally any

Venetian or other blinds without the prior consent of the Landlord or Landlord’s

Agent, such consent not to be unreasonably withheld.

2.43 Not to hang any washing upon any part of the Property so as to be visible from

outside except in an area of the garden (if any) specifically set aside for this

purpose.

2.44 Not to take away from the Property any of the Landlord’s fixtures or fittings nor

to store any fixtures or fittings within the basement, loft, garage or outbuildings.

2.45 Not to keep at the Property or on any demised or allocated parking area any

commercial vehicle, boat or caravan without the consent of the Landlord or

Landlord’s Agents and in particular not to undertake any repairs to such vehicles

with the exception of minor repairs from time to time to a vehicle to which the

Tenant is the registered owner.

2.46 The Tenant should take practical steps to avoid or limit the effects of

condensation by adequately heating the Property and ventilating the property.

Where condensation occurs take action to wipe down and clean surfaces affected

to prevent mould growth and damage to the property’s fixtures and fittings. If

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condensation persists the Tenant is advised to take advice how to reduce the

problem if it is the result of living habits rather than defects to the property.

ACCESS

2.47 To permit the Landlord or the Landlord’s Agent and people with written authority

from the Landlord or the Landlord’s Agent including workmen to enter the

Property for any purpose set out in this paragraph 2.47 provided that the Tenant

has been given reasonable prior notice that access to the Property is required

(being not less than 24 hours notice except in the case of emergency) and that

such access is in the day time except in the case of emergency. The landlord

reserves the right to keep and retain safely and securely a set of working keys for

this purpose..

2.47.1 To inspect the state and condition of the property and of the fixtures and fittings

at the Property.

2.47.2 To enable the Landlord or the Landlord’s Agent to carry out works to the

property for which the Landlord is responsible under the terms of this tenancy.

2.47.3 During the last six weeks of the tenancy to allow prospective new tenants to view

the property.

2.47.4 At any time during the tenancy should the Landlord wish to sell his interest in the

Property to a new Landlord.

2.47.5 To allow the owners of neighbouring property or their authorised contractors and

professional advisors to have access to carry out works required either to the

Property or the neighbouring property in compliance with the requirements of the

Party Walls Act 1996 and for which proper written notice has first been given to

the Tenant.

2.47.6 In the event of emergency, which may include an escape of water or gas or an

electrical fault or any other matter that could reasonably be deemed or suspected

to be an emergency then the landlord may enter the property by whatever means

is necessary to remedy the emergency in order to diminish the effect of the

emergency, protect the property, the building and the health and safety and

welfare of any third party. The Landlord will, wherever reasonably possible,

notify in advance and keep informed the tenant of any emergency action.

2.48 If when the Landlord or Landlord’s Agent inspect the Property they find that the

Tenant has not used the Property in accordance with the Tenant’s obligations in

this Agreement the Landlord or Landlord’s Agent may give the Tenant notice in

writing of any repairs, redecoration or unauthorised alterations or other breaches

by the Tenant of his obligations in this Agreement. The Tenant must then carry

out the repairs, redecoration or other work required by the Landlord within one

month of receiving the Notice or such longer period as may be reasonable having

regard to the nature of the work. If the Tenant fails to carry out the work within

that month or other reasonable period then the Tenant must allow the Landlord

and its Agent and other authorised persons access to the Property on the same

prior notice as referred to in 2.47 to enable the Landlord or Landlord’s Agent to

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carry out the work itself and the reasonable expense of carrying out this work

including the Landlord’s reasonable cost for arranging and overseeing the work

will be payable by the Tenant to the Landlord within seven days of demand.

COMMUNAL AREAS

Not to leave, keep or store, or allow to be left, kept, or stored, permanently or temporarily, any belongings or items, within or upon, any common parts or areas outside

2.49 of the demise, where such areas exist. If clarification is required please contact Hamways

AT THE END OF THE TENANCY

2.50 To return to the Landlord at the end of the tenancy (however it ends) the Property

and all fixtures and fittings belonging to the Landlord therein and any new

fixtures, fittings and additions which the Landlord may have provided during the

tenancy in good clean state of condition (no worse than it was received) allowing

for fair wear and tear.

2.51 To ensure all Tenants’ refuse, rubbish, furniture and personal effects/belongings

are removed from the Property. Any remaining items will be deemed to have

been abandoned and will be disposed of after 14 days without further notice.

2.52 To return to the Landlord or Landlord’s Agent all keys including any additional

or duplicate keys to all door and window locks including any garages, store sheds

or outbuildings on the last day of the tenancy.

2.53 To provide to the Landlord or Landlord’s Agent a forwarding address before, at

the end of or as soon as practical following the end of the tenancy unless it is not

possible to do so.

2.54 To pay the Landlord or Landlord’s Agent reasonable costs of and in connection

with:-

(a) Any breach by the Tenant of any covenant contained in this Agreement

whether for the payment of rent or otherwise whatsoever

(b) The preparation and service of notices under Section 8 of the Housing Act

1988 or any appropriate notice seeking possession in relation to any

arrears or breach of the agreement for which the Tenant shall be liable to

pay forthwith the sum of £100.00

(c) Any legal or other professional fees incurred by the Landlord in relation to

any breach of the terms or conditions or covenants in this Agreement

(d) Failure to allow entry should it be necessary under clause 2.47 and 2.48

herein, unless reasonable notice cancelling any appointment is given to the

Landlord, or Landlords Agent, or Landlords Contractors, and an

alternative convenient date provided, the Tenant shall be liable to pay to

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the Landlord the costs of any abortive entry fees and/or costs of the

Landlord and/or their respective servants or agents and contractors.

(e) Failure to allow the landlord or Landlord’s agents nominated Gas Safe

engineer access to the property to comply with the Gas Safety (Installation

and Use) regulations, the Tenant shall be liable to pay to the landlord a

sum of (no less than) £75.00

(f) Failure by the Tenant to pay any instalment of rent on the due date

requiring the Landlord or the Agent to issue a demand for the overdue

payment the Tenant shall be liable to pay to the Landlord the sum of (no

less than) £25.00 (limited to one demand per month if rent remains unpaid

for 14 days after the due date) in connection with the costs incurred by the

Landlord or the Agent in sending such a demand

(g) Any payment made by the Tenant that be stopped, dishonoured or not met

on presentation or demand the Tenant shall pay to the Landlord or his

agent upon demand a sum of £30.00 in connection with charges incurred

Any payments due from the Tenant under this clause 2.53 shall be paid by the

Tenant to the Landlord or Landlord’s Agent within seven days of the Tenant

receiving a written demand for such costs. These charges are payable by the

Tenant unless otherwise directed by a court of law.

2.55 Legionnaires Disease is a pneumonia like illness caused by the legionella bacteria

and can be fatal. The tenant shall from time to time but at least every 6 weeks

carry out reasonable precautions to reduce the risk of the legionella virus. These

would include running all taps to allow a continual flow of water for at least 2

minutes. Ensure hot water controls are set to a temperature of 60 degrees

centigrade. Ensure shower heads and taps are kept clean, descaled and

disinfected. Report any problems with the water system or if the hot water is not

being heated properly to the landlord or agent.

PART 3 - LANDLORD’S OBLIGATIONS

3.1 The Landlord confirms that it is the sole or joint owner of the Freehold or

Leasehold interest in the Property and that any appropriate consents required to

sign this agreement have been obtained.

3.2 Pay the rent reserved by the said Superior Lease and observe and perform the

terms and conditions thereof so far as it is not the Tenant’s responsibility so to do

pursuant to the terms hereof and pay all out-goings in respect of the Property for

which the Tenant is not liable under the terms of this agreement.

3.3 To keep the Property and the Landlord’s contents (if any) insured for such sums

and on such terms as the landlord feels appropriate against fire and other risks

normally covered by a comprehensive household policy and any other such risks

as the Landlord considers necessary from time to time.

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3.4 To supply a copy of the Landlord’s insurance policy to the Tenant as requested.

3.5 Not to interrupt or interfere with the Tenant’s lawful occupation, enjoyment or

use of the Property other than in an emergency or in the normal and lawful

process of exercising or implementing the Landlord’s rights and obligations under

this agreement and having provided at least a minimum of 24 hours prior written

notification.

3.6 The landlord will keep in repair the structure and exterior of the property

including drains, gutters and external pipes. The installations in the property

which provide water, gas and electricity and sanitation, the central heating, hot

and cold water systems, electrical wiring, basins, sinks, baths and sanitary

conveniences. The landlord will maintain or repair fixtures, fittings and

appliances which are listed in the inventory, except where the damage or need for

repair is as a result of the tenant or tenant’s guests or visitors misuse or deliberate

damage (see clause 2.25 under tenant’s obligations).

In determining the standard of repair required by the landlord under this clause,

regard shall be had to the age, character and prospective life of the Property and

the locality in which it is situated.

The landlord will not repair or maintain fixtures, fittings and appliances

belonging to the tenant.

3.7 To take reasonable steps to ensure that the Landlord’s domestic gas supply and

appliances comply with the landlord’s obligations under the Gas Safety

(Installation and Use) Regulations 1998.

3.8 The Landlords repairing obligations quoted under clause 3.3 and 3.5 shall not be

interpreted as obligating the Landlord to re-build or re-instate the Property in the

event of severe damage or destruction resulting in the property becoming

uninhabitable by flood, fire, severe weather or other unavoidable incidents but if

the Property is damaged by a risk against which the Landlord has insured so that

it is not fit for occupation the rent will not be payable by the Tenant until the

Property has been repaired and made fit for occupation.

3.9 Licenced Property – Some Local Authorities require properties in their Borough

to be licenced. Your landlord will hold the licence where this is required and a

copy of the Landlord’s Licence will be supplied to the tenant upon request.

PART 4 – RENT REVIEW

In the event that this tenancy continues after the expiry date of the fixed term as a

periodic assured shorthold tenancy then the rent shall be reviewed as follows:

4.1 On the first anniversary date of this tenancy there shall be no increase in the rent.

4.2 On the 2nd

and subsequent anniversary dates of this tenancy the rent may be

reviewed. The rent will be lesser of the open market rent or 5% of the passing

rent payable immediately before the review date.

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PART 5 - THE DEPOSIT

5.1 The Deposit is held by the Agent as Stakeholder. The Agent is a member of the

Tenancy Deposit Scheme.

5.2 Any interest earned will belong to the landlord.

5.2.1 The Deposit shall be repayable to the Tenant only after the end of the tenancy

and then without interest and after deduction of the sums required to

compensate the Landlord in whole or in part for any breach of obligation on

the part of the Tenant in accordance with Part 4.3 of this agreement.

5.2.2. The Agent shall hold the Deposit throughout the term of the tenancy as

security for compliance by the Tenant with the obligations of the Tenant

under this Agreement and the payment holding and use of the same shall be

without prejudice to any other rights and remedies of the Landlord whether

expressed or implied.

5.3 The deposit has been taken for the following purposes:

(a) Any damage, or compensation for damage, to the premises its fixtures and fittings

or for missing items for which the Tenant may be liable, subject to an

apportionment or allowance for fair wear and tear, the age and condition of each

and any such item at the commencement of the tenancy, insured risks and repairs

are the responsibility of the Landlord.

(b) The reasonable costs incurred in compensating the Landlord for, or for rectifying

or remedying any major breach by the Tenant of the Tenant’s obligations under

the tenancy agreement, including those relating to the cleaning of the premises, its

fixtures and fittings.

(c) Any unpaid accounts for utilities or water charges or environmental services or

other similar services or council tax incurred at the property/premises for which

the Tenant is liable.

(d) Any rent or other money due or payable by the Tenant under the tenancy

agreement of which the Tenant has been made aware and which remains unpaid

after the end of the tenancy.

(e) Any sum which is or becomes repayable by the Landlord or its Agent to the local

authority with regard to Housing Benefit which has previously been paid directly

to the Landlord or its Agent relating to the Tenant named in this agreement.

(f) If the Tenant shall determine this Agreement before the expiration of the said

term of this Agreement without justified cause connected with the use and

enjoyment of the Property the Deposit shall be retained by the Landlord and

without prejudice to any other claims the Landlord may have against the Tenant

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in respect of any breach of covenant. The Tenant shall pay to the Landlord on

demand a sum at the same rate as the rent payable equal to the rent payable under

this tenancy for the period from the termination of this Agreement by the Tenant

to the date on which the Landlord shall re-let the Property or if earlier the date of

expiry of the fixed term of this tenancy. The Landlord covenants to use their best

endeavours to re-let the property. The Landlord shall be entitled to demand

payments on account of this liability from the Tenant and should there be any

surplus from the deposit after deducting rent payable, as detailed above, or re-

letting fees if the original term of the tenancy has not expired then the said surplus

will be returned to the Tenant.

(g) If monies lawfully due to the Landlord under this agreement are more than the

Deposit held, the Tenant will be liable to pay any excess to the Landlord within

14 days of written demand.

(h) If there are multiple tenants, each of them agrees with the other(s) that any one of

them may consent on behalf of all the others to use alternative dispute resolution

through a tenancy deposit protection scheme to deal with any dispute about the

deposit at the end of the tenancy.

5.4 At the end of the tenancy

5.4.1 The Agent must tell the Tenant as soon as is practical at the end of the tenancy if

they propose to make any deductions from the deposit.

5.4.2 If there is no dispute, the deposit will be allocated according to the deductions

agreed. If agreement cannot be reached, any of the parties can refer the matter to the

Tenancy Deposit Scheme for adjudication.

5.4.3 The Tenant should inform the Agent in writing if the Tenant intends to dispute any of

the deductions regarded by the Landlord or the Agent as due from the deposit as

soon as practical.

5.4.4 If there is a dispute about the return of the deposit or about proposed deductions, the

parties should try to reach agreement without delay. But if the deposit has not been

returned to the tenant within 10 days of the tenant asking for it, any of the parties can

ask TDS to resolve the dispute.

5.4.5 The statutory rights of the Landlord and the Tenant to take legal action through the

County Court remain unaffected by clauses under 4.4 above.

* These time scales can be changed by agreement with the tenant in individual

cases or by the contract used as standard by the agent.

5.5 Protection of the deposit

The deposit is safeguarded by the Tenancy Deposit Scheme, which is administered

by:

The Dispute Service Ltd, PO Box 1255, Hemel Hempstead, Herts HP1 9GN

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Telephone: 0845 226 7837

Email: [email protected]

Fax: 01442 253 193

PART 6 – GENERAL CLAUSES

SERVICE OF NOTICES ETC. BY THE LANDLORD OR LANDLORDS AGENT

6.1 Any notice under this Agreement to the Landlord shall be served on the Landlord

or its Agent personally, by registered or first class post. Any Notice to the Tenant

shall be served personally, by registered or first class post to the Property (or their

last known address) and shall be deemed to be received 48 hours after posting.

6.2 Within seven days of the receipt by the Tenant of any notice under the Party Wall

etc Act 1996 to give a copy thereof to the Landlord or Landlords Agent and not to

take any steps in consequence of the said notice without first notifying the

Landlord or Landlords Agent.

S48 - LANDLORD AND TENANT ACT 1987

6.3 The Tenant is hereby notified under Section 48 of the Landlord and Tenant Act

1987 that notices (including notices in proceedings) must be served on the

Landlord by the Tenant at Hamways House, 104 Station Road East, Oxted,

Surrey, RH8 0QB in person or by registered post.

FORFEITURE - RIGHT OF RE-ENTRY

Important: If either party to this agreement are unsure of their rights or require

further clarification of this clause they should consult a solicitor or their local

Citizens Advice Bureau.

6.4 Landlord’s re-entry:-

(a) if the rent or any instalment or part thereof shall be in arrears or unpaid for

at least 14 days after same shall have become due whether formally

demanded or not

(b) in the event of the breach of any of the Agreements on the part of the

Tenant herein, contained or implied, then, subject to any statutory

provisions the Landlord may recover possession of the Property and the

tenancy will come to an end

Under the Housing Act 1988 the Landlord is only able to recover possession of the

property with an Order of the Court.

INTEREST

6.5 If any rent or other money payable by the Tenant to the Landlord under the

provisions hereof shall not be paid within fourteen days of the day on which it

became due the same shall be payable with interest thereon at the rate of four per

cent per annum above the base minimum lending rate of Barclays Bank for the

time being in force calculated on a day to day basis from the day upon which it

became due down to the date of payment.

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6.6 Any person other than the Tenant who pays the rent due hereunder or any part

6.7 thereof to the Landlord shall be deemed to have made such payment as agent for and

on behalf of the Tenant and the Landlord shall be entitled to assume without enquiry.

THE TERM OF THE TENANCY

6.8 Prior to expiry of the initial term, if no notice requesting possession has been

served by the landlord, should the Tenant wish to continue the tenancy we would

ask that the Tenant contact the Landlord or Landlord’s Agent.

6.9 To assist with administration, we request the Tenant supply the Landlord or

Landlord’s Agent at least 28 days written notice to terminate the Agreement to

expire no sooner than the end of the initial term.

PART 7 – GUARANTOR

The Guarantor at the request of the Tenant and in consideration for the grant of this

tenancy covenants and guarantees with and to the Landlord as follows:-

7.1 That the Tenant shall at all times during the term hereby granted duly pay the

Rents at the time and in the manner and in which it is payable and duly observe

and perform all of the Tenants obligations as set out in this Agreement.

7.2 That the Guarantor(s) will at all times hereafter pay and make good to the

Landlord all reasonable losses, costs, damages and expenses occasioned to the

Landlord by the non-payment of the Rents or any part thereof, the breach non-

observance or non-performance of any of the Tenant’s obligations. Furthermore

that any reasonable leniency on the part of the Landlord in enforcing or giving

time to the Tenant for payment of the rent or any part thereof shall not in any way

release the Guarantor(s) from liability.

7.3 The covenants and guarantees contained above shall have effect throughout the

said term and also throughout any period thereafter during which the Tenant shall

occupy the Property.

We would ask that a single payment is made to the Landlord or his Agent in relation to

each rental payment that becomes due. We would suggest that a lead tenant ensures that

the appropriate funds are available for this single payment. Any payment made is

accepted for and on behalf of the tenants collectively. Any arrears of rent are the

responsibility of all the tenants.

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PART 8 Break Clause

This tenancy agreement may be terminated only on the XXXXXX by the Landlord or

the Tenant provided such notice of termination is given in writing and at least one

month's notice is given by the Tenant (together with proof of relocation from his/her

employer) to the Landlord or two month's notice by the Landlord to the Tenant. If the

break clause is not activated by either party on this date then the tenancy shall

continue for the full term of this agreement.

By, or for and on behalf of, the LANDLORD(s)

Nameoftenants Tenant2

SIGNED by the above named Tenant

Gurantorname SIGNED by the above named Guarantor

Signed by Witness

Witness name

Witness address

Date

PLEASE VISIT OUR WEB SITE AT

WWW.HAMWAYS.COM

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DISCLAIMERS

Property : Property

Landlord : Legalownername Ltd

Tenant(s) : Nameoftenants & Tenant2

Weekend Move In

Further to my request to start a tenancy for the above property on date Monthdate 2014

I am aware that the Landlords or their appointed representatives may not be able to assist

in dealing with any problems arising out of my weekend occupation until after the

forthcoming weekend.

I confirm that I will make no claim against the Landlord or their representatives in

relation to any such problems which will be dealt with during the following week.

White Goods Disclaimer

I/we hereby accept responsibility for the white goods at the above property,

namely;……………………………………………………………………………...…..

which have been left in the premises by the previous tenants and are not the

responsibility of the Landlords.

Key Receipt

I/we confirm receipt of …………… sets of keys for the above property.

Signed: ……………………………….…………………………………

Print: ………………………………….………………………………….

Date: ………………………………….………………………………….

What is the Tenancy Deposit Scheme? (Fifth edition) Revised March 2013 ©The Dispute Service Limited 2013

What is the Tenancy Deposit Scheme?

An advisory leaflet for landlords and tenants


oWhat is TDS?

The Tenancy Deposit Scheme (TDS) is run by The Dispute Service Ltd. It is an insurance- backed tenancy deposit protection scheme authorised by the government.

TDS has two main roles:

• To protect deposits. • To help resolve disputes about deposits.

What is tenancy deposit protection? Tenancy deposit protection applies to all deposits for assured shorthold tenancies that started in England or Wales on or after 6 April 2007. By law, a landlord or agent who receives a deposit for such a tenancy must protect the deposit.

Most residential tenancies in the private rented sector are assured shorthold tenancies, with some exceptions. For example, a tenancy cannot be an assured shorthold tenancy if: • the tenant is a company;

• the rent is more than £100,000 a year;

• the tenancy is for a holiday let; or • a university or college rents the accommodation to its students.

Tenancy deposit protection means: • protecting a tenant’s deposit with a government-authorised scheme such as TDS;

• providing the tenant with prescribed information about where their deposit is being protected and how it will be managed.

Tenancy deposit protection schemes can be one of two kinds: • Custodial – this is where the scheme itself holds the deposit during the tenancy.

• Insurance backed – this is where the landlord or agent holds the deposit during the tenancy, but must give it to the scheme at the end of the tenancy if there is a dispute. The scheme is insured because this guarantees that tenants will always get back the money to which they are entitled. TDS is an insurance-backed scheme.

Each tenancy deposit scheme has its own rules setting out in detail how it operates. The TDS Rules are available from the TDS website and on request.

What are the legal requirements? These are contained in sections 212–215 of, and Schedule 10 to, the Housing Act 2004 (as amended). Tenancy deposit protection applies to money received by a landlord or agent that is meant to be held as security in case a tenant does not comply with their obligations.

The landlord or agent must comply with the initial requirements of an authorised tenancy deposit protection scheme within 30 days of receiving the deposit. To protect a deposit with TDS, the landlord or agent needs to be long to the scheme, register the deposit on the TDS tenancy database, and pay a membership subscription or deposit protection charge.

A TDS member (landlord or agent) must also give the tenant ‘prescribed in formation’. This information is set out in the Housing (Tenancy Deposits (Prescribed Information) Order 2007. It must also be given to anyone who paid the deposit on the tenant’s behalf.

The prescribed information includes the contact details of the land lord and tenant, the rented property’s address, the deposit amount and this leaflet. The landlord or agent must also specify which tenancy agreement clauses say how the deposit can be used.


Tenants must be given the opportunity to :

• check any document the landlord provides containing prescribed information; and • sign it to confirm the information is accurate.

What if the landlord or agent does not comply? A landlord or agent should protect the deposit in an authorised scheme and provide the tenant (and any sponsor) with the prescribed information within 30 days of receiving the deposit. If they don’t do so, then the tenant (or the person who paid the deposit) can take the landlord or agent to court. The court can order the landlord or agent to protect the deposit or repay it to the tenant. The court can also order the landlord or agent to pay the tenant compensation of between one and three times the deposit’s value.

A landlord who has not correctly protected a deposit cannot serve a notice to end the tenancy and regain possession of it under section 21 of the Housing Act 1988. The landlord can only serve such a ‘section 21 notice’ after the deposit has been repaid or after any court case about the deposit has ended.

A landlord who has not given the tenant prescribed information within 30 days must not issue a section 21 notice until the prescribed information has been given. If this takes place more than 30 days after the landlord or agent received the deposit, the tenant can still apply to court for compensation of between one and three times the deposit’s value.

TDS cannot award compensation to tenants if a landlord or agent fails to comply with the law relating to tenancy deposit protection. This can only be dealt with by the courts.

Is my deposit protected? Tenants can check if their deposit is registered with TDS by visiting www.tds.gb.com. If tenants have received a Tenancy Deposit Protection Certificate, they should enter the code number from that certificate. Alternatively they can enter their surname, the deposit amount, the tenancy postcode, and the date their tenancy started.

If a member informs TDS that the protection of a deposit should be ended, TDS will make reasonable efforts to inform the tenant before ending the protection.

If the tenancy has not ended, the tenant (or one of the joint tenants) can object to the ending of deposit protection by phoning the TDS customer contact centre.

If the tenancy has ended and the tenant is not satisfied with the proposed split of the deposit, then the tenant can ask TDS to resolve the dispute within three months after the end of the tenancy.

What happens to the deposit after the landlord or agent receives it? The landlord or the agent will hold the deposit during the tenancy. The tenancy agreement should state who receives any interest it makes.

What happens to the deposit at the end of the tenancy? If there is no dispute about the return of the deposit at the end of the tenancy, the landlord or agent must pay the deposit to the tenant without delay, less any deductions that the tenant has agreed.

If there is a dispute about the return of the deposit or about proposed deductions, the parties should try to reach agreement without delay. Most disputes are resolved informally in this way. But if the deposit has not been returned to the tenant within 10 days of the tenant asking for it, any of the parties can ask TDS to resolve the dispute.


If there is a dispute, what happens to the deposit? The landlord or agent can make a payment from the deposit if: • both landlord and tenant have agreed; or

• the court has ordered the deposit to be paid; or

• TDS directs them to send the money to TDS. Once TDS has been asked to resolve a deposit dispute, the landlord or the agent must send the disputed amount to TDS. By this time, the landlord or agent should have paid the tenant any part of the deposit that is not an agreed deduction or in dispute.

If whoever is holding the deposit does not send the disputed deposit amount to TDS, TDS will take legal action to recover it. This will not delay TDS in resolving the dispute. If the deposit holder cannot pay the disputed amount, for example because it has become insolvent, TDS will arrange the adjudication, pay the tenant the amount awarded by the adjudicator and make a claim to its insurers. The law requires TDS to guarantee only that the tenant receives the amount they are entitled to.

How are disputes resolved? The person who wishes to send the dispute to TDS can do this online or by completing a Dispute Application Form giving details of the dispute, and any relevant supporting documents.

The deposit holder must then send the disputed amount to TDS. It will copy the dispute details to the other parties and give them 10 working days to consent to TDS resolving the dispute, respond to the claim, and send in their evidence.

If all the parties agree to TDS resolving the dispute, TDS will appoint an impartial adjudicator to make a binding decision, normally within 28 days of receiving the parties’ consent to resolving the dispute. If landlords and agents do not reply, they are treated as consenting. In all these cases, the adjudicator will normally make a decision within 28 days after the deadline for giving evidence.

Within a further 10 days of the adjudicator’s decision, TDS will pay the amount due to each party.

The adjudicator’s decision will be based only on the evidence sent to TDS – there will be no hearing or visit to the property.

The adjudicator’s decision is final. There is no right of appeal to TDS or to the government department in charge of the tenancy deposit protection schemes.

Further details are set out in The Tenancy Deposit Scheme Rules for the Independent Resolution of Tenancy Deposit Disputes at www.tds.gb.com.

What if the landlord or tenant can’t be contacted at the end of the tenancy? TDS cannot resolve a dispute if it cannot contact the parties to get their consent to TDS being involved. In these circumstances, the deposit holder must do the following:

� Make every practical effort – over a reasonable period of time but not for longer than it would take TDS to resolve a dispute – to contact the (ex)-tenant/landlord using information readily available.

� Assess any damage, rent arrears and any other likely deductions from the deposit as they would normally do


� Split the deposit, pay the party who is present the appropriate amount, and transfer the amount due to the absent tenant/landlord to a suitably chosen ‘Client suspense (bank) account’.

The deposit holder should make a formal record of these activities and support it with suitable documents.

After enough time (usually at least six years) has passed from the last contact with the absent tenant/landlord, the deposit holder may then donate the absent party’s share to a suitable registered charity – subject to a binding promise from the deposit holder that it would immediately pay from its own pocket any valid claim it later received from the beneficial or legal owner.

If the absent tenant/landlord returns within that time and seeks to dispute the allocation of the deposit, TDS may offer to adjudicate.

Is adjudication better than going to court? Deposit disputes need to be resolved quickly and cheaply. Tenants usually need the money as a deposit on their next property, and landlords need to know how much will be available to spend on things like redecoration, damage or repairs. Going to court takes time and can be expensive and stressful.

If TDS protects a deposit and the dispute goes to court, the disputed amount must be sent to TDS. TDS will distribute the deposit once it receives a final court order showing what is to happen to the deposit.

TDS can only resolve a dispute if the deposit has been registered with TDS. If a deposit has not been registered, the parties will have to go to court if they cannot agree a settlement.

Sometimes landlords or tenants prefer to go to court. It might be better for a landlord to go to court if they have a big claim that is well above the deposit. It might be better for a tenant to go to court if they have a counterclaim – say if they had to pay for boiler repairs because the heating did not work for several weeks. TDS cannot deal with counterclaims.

Where TDS cannot accept a dispute for adjudication, TDS will notify any other party to the dispute that this has happened. The other party to the dispute may then choose to go to court or rely on the agent’s judgment if the agent is holding the deposit.

What can TDS deal with?

Using the TDS dispute resolution service is not compulsory. If either the landlord or tenant does not agree to use the service, one of them could choose to go to court.

TDS can only deal with disputes about the deposit itself, and cannot make awards that are for more than the disputed deposit. If a larger amount is disputed, you may need to go to court. TDS cannot deal with counterclaims by tenants – such as a claim for disrepair. If you are a tenant and you wish to bring a counterclaim against your landlord, you will need to go to court.

TDS cannot deal with disputes between individual tenants, or between landlords and their agents. TDS does not act as a regulator and cannot order changes in trading practices, close down businesses, or prosecute landlords or agents. However, it does try to raise standards in the private rented sector by educating tenants, landlords and agents about the cause of disputes and how to avoid them.


How much does it cost?

TDS is funded by the membership subscriptions and deposit protection charges that letting agents and landlords pay. All these fees are on the TDS website.

TDS makes no charge to tenants for protecting the deposit – although landlords or agents may pass on their subscriptions to their tenants as part of the tenancy costs. There is no charge to landlords, tenants or agents for having a dispute resolved.

Who can join the Tenancy Deposit Scheme? The Tenancy Deposit Scheme is open to landlords and letting agents offering residential property for rent. They will be asked to provide relevant information – as set out in the TDS Rules – to TDS before it decides whether they can be accepted as a member, and what their subscription will be.

Our guarantee of impartiality TDS is overseen by a Board, which is responsible for operating and financing the business. The Board, and the TDS management, have no role in resolving disputes and cannot intervene in decisions about disputes. The scheme’s Head of Adjudication is responsible for resolving disputes. The most usual method for resolving a dispute through TDS is to use adjudication but the scheme may suggest negotiation, mediation or other methods.

Adjudicators work fairly and impartially. All TDS adjudicators belong to the Chartered Institute of Arbitrators and comply with our Adjudicator Code of Conduct, which is available on the TDS website. The adjudicators make decisions without favour, based on the issues in dispute and the evidence provided.

TDS publishes breakdowns of awards in its Annual Reports. These give an overview of how awards are split between tenants, landlords and agents. You can see the adjudicators’ decision-making guidelines and some example case studies at www.tds.gb.com.

Data Protection TDS will not use landlords’ or tenants’ personal data for any purpose except to operate the scheme (this includes compiling statistical data) and resolve disputes. From time to time, TDS may invite landlords or tenants to participate in surveys. If you do not wish to be contacted for survey purposes, please inform TDS by letter or email to the contact details given in this leaflet.

Contact details Tenancy Deposit Scheme operated by The Dispute Service Limited PO Box 1255 Hemel Hempstead Herts HP1 9GN

Tel: 0845 226 7837 Fax: 01442 253 193 Web: www.tds.gb.com Email: [email protected]

ASSURED SHORTHOLD TENANCY AGREEMENT - … Hamways AST - Bre… · 1 assured shorthold tenancy...

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