TENANCY AGREEMENT
This is a Short Assured Tenancy within the meaning of section 32 of the Housing (Scotland) Act 1988
The accommodation to let is: ………………………………………………….
We/I, …………………………….. (hereby called the Landlord)
Hereby offer the lease to you: …………………………………(hereby called the Tenant) the above property with any contents and furnishing listed in an inventory thereof subject to the following terms and conditions.
- The Tenant(s) shall be jointly and severally liable for all of the following conditions relating to the tenancy.
COMMENCEMENT & DURATION
- The tenancy will commence on: …………………… and will end on …………………
If the agreement is not brought to end by either party on the above date, it will continue thereafter on a monthly basis until terminated by either party; the tenant is required to give one full months notice to the Landlord’s Agent to terminate the lease, and the Landlord is required to give two full month’s notice.
RENT AND OTHER CHARGES
- RENT:
The rent is ….............. per calendar month payable monthly in advance to Smart Property Management & Lettings. The Landlord may increase the rent after the initial end date specified above. Under such circumstances the tenant will be given a minimum of 1 month notice in writing of any change.
- The Tenant(s) will be liable to a late rent charge of 8% of the daily rent for each day or part day thereof that the rent remains unpaid, unless prior arrangements have been made with the Landlord.
- There will be a charge of £15.00 for any Tenant cheque that is returned by the bank due to lack of funds.
- DEPOSIT
At the date of entry or before, a deposit of …………….will be paid by the tenant to the landlord or his agents and held in a regulated tenancy deposit scheme.
- The landlord or his agents will issue a receipt for the aforementioned deposit to the tenant. No interest shall be paid by the landlord to the tenant in respect of the said deposit.
- The landlord will be entitled at the expiry or termination of the lease to use the deposit to cover the cost of cleaning (including removing odors from smoke, cooking, pets etc.), gardening, to meet any outstanding sums or accounts due by the tenant, the cost of repairing or replacing any of the fittings and fixtures which have been broken, damaged or lost and the expense of making good any failure by the tenant to fulfill any of the other conditions of this lease.
- The Tenant(s) shall leave the property in clean and tidy order. All contents shall be delivered up in good condition, fair wear & tear excepted.
- The Landlord reserves the right to charge a fee of up to £25.00 from the deposit should arranging repairs, cleaning or making good any failure by the tenant to fulfill any of the conditions of the lease.
- All accounts for gas, power, telephone, council tax (if applicable) and rent must be fully settled and proof of payment provided.
- You hereby acknowledge receipt of 1 set of keys per tenant.
- All keys must be returned upon the termination date of the lease, otherwise the landlord reserves the right to change the locks, the cost of which being deducted from the deposit.
- The deposit or part of the deposit, if any, will be refunded to the tenant as soon as possible after the expiry or termination of the lease.
- CONTENTS
The tenant agrees to replace or repair (or to pay the cost thereof, at the option of the landlord) any of the contents which are destroyed, damaged, removed or lost during the tenancy, fair wear and tear excepted. The inventory and photographs of the property given to the tenant will be checked against the property when tenant moves out.
- LOCAL AUTHORITY TAXES
The tenant will be responsible for payment of the council tax and water and sewerage charges, or any local tax which may replace this.
- HOUSEHOLD BILLS
The tenant undertakes to ensure that the account for the supply to the accommodation of gas, electricity and telephone are entered in his name with the relevant supplier. The tenant agrees to pay promptly all sums that become due for these supplies relative to the period of the tenancy. The tenant agrees to make the necessary arrangements with the suppliers to settle all accounts for these services on termination of the tenancy. Tenant(s) who change utility company without permission from the Landlord will incur all administrative and related expenses.
- INSURANCE
The landlord undertakes to pay all premiums for insurance of the building and contents belonging to him. The landlord will have no liability for any items belonging to the tenant. The tenant is responsible for arranging insurance of his own belongings.
The Landlord grants the tenancy of the property to the named Tenant upon the condition that the Tenant holds insurance to protect the Tenant’s personal possessions and accidental damage caused by the Tenant to the furniture, fixtures and fittings at the property as described in the inventory.
OCCUPATION AND USE OF THE ACCOMMODATION
- ONLY OR PRINCIPAL HOME
The Tenant agrees to occupy the accommodation as his only or principal home and shall not be occupied by more than the stated amount of persons. He agrees not to use the accommodation for illegal activities nor for any business or trade purposes. If the tenant wishes to use the accommodation for business or trade purposes he must obtain written permission.
- ABSENCES
The Tenant agrees to tell the landlord if he is to be absent from the accommodation for any reason for a period of more than fourteen days. The tenant agrees to take such measures to secure the accommodation prior to such absence as the landlord may reasonably require and take appropriate measures to prevent frost or flood damage.
- SUBLETTING & LODGERS
The Tenant agrees not to:
- assign this tenancy to any other person; or
- sublet the accommodation in whole or in part; or
- take in lodgers or paying guests; or
- allow other person to share the occupancy of the premises, whether or not for payment, without the prior written consent of the landlord.
- REASONABLE CARE
The Tenant agrees to take reasonable care of the accommodation and any common parts, and in particular agrees to take all reasonable steps to:
- keep the accommodation aired and heated;
- not bring any hazardous or combustible goods or material into the accommodation;
- not to pour any oil, grease, or other damaging materials down the drains or waste pipes;
- prevent water pipes freezing in cold weather;
- avoid danger to the accommodation or neighbouring properties by way of fire or flooding;
- maintain any smoke alarms fitted, including testing regularly and replacing batteries every quarter. The tenant will be held liable for any damage should the smoke alarm be damaged or removed and there is a subsequent fire at the property. (This case is not applicable in the case of HMO Licensed property);
- carry out basic, common sense day to day maintenance including replacing light bulbs, fuses, vacuum bags & belts;
- clean the property regularly ( including cleaning windows);
- maintain any private outside space/garden in a tidy, orderly condition;
- not to alter, paint or decorate any part of the property without written permission from the Landlord;
- not to mark or cut any of the subjects to let, and not to use blu-tac or similar substances that will cause damage to the walls;
- not to do or permit to be done on the property anything that may vitiate the insurance of the property or the contents or increase ordinary premium for such insurance;
- not to smoke, or permit any others to smoke in the property.
- ALTERATIONS
The tenant agrees not to make any alteration to the accommodation, its fixtures or fittings, nor to carry out any internal or external decoration without the prior written consent of the landlord.
- COMMON PARTS
In the case of flatted property the tenant undertakes, in conjunction with the other proprietors/occupiers, to sweep and clean the common stairway, or pay their share if this task is carried out by cleaners. The tenant will not leave any rubbish, unwanted items in any common areas, including shared gardens/drying areas. The tenant is not permitted to access the roof.
- REFUSE
The Tenant agrees to dispose of all rubbish in an appropriate manner and at the appropriate time. Rubbish must not be placed anywhere in the common stair at any time.
- RESPECT FOR OTHERS
- The Tenant agrees not to cause (nor allow other occupiers, guests or visitors to the accommodation to cause) nuisance, annoyance or disturbance to neighbours, or to the landlord, his agent or employees either in the accommodation or in the locality of the accommodation.
- The tenant undertakes not to commit or allow members of his/her household or persons visiting the accommodation to commit any form of harassment on the grounds of race, color, religion, gender, sexual orientation, disability or age which may interfere with the peace and comfort of, or cause offence to, accommodation or in the locality of the accommodation.
- PETS
The tenant agrees not to keep any animals or pets in the accommodation without the prior written consent of the landlord. Any such consent will not be unreasonably withheld. Any pet (where permitted) will be kept under supervision and control to ensure that it does not cause deterioration in the accommodation, deterioration in the condition of common areas, nuisance either to neighbours or in the locality of the property.
- The landlord will not be responsible for rodent or any other pest extermination if there is no evidence of such within the first three months of the tenancy.
- ACCESS
ROUTINE ACCESS
- The tenant agrees to give the landlord access to the accommodation for the purpose of carrying out maintenance, repair, inspection, or for showing prospective tenants round if the property is being marketed for sales or letting providing that notice has been given to the tenant no later than 24 hours beforehand that such access is required.
EMERGENCY ACCESS
- The tenant agrees to give immediate access to the landlord in an emergency whether or not notice has been given. The Landlord reserves the right to effect forcible entry to the accommodation should such access not be made available.
iii. The Tenant agrees to allow the Landlord or his Agents reasonable access during the month preceding the end of the tenancy for the purpose of showing the property to prospective new tenants. This access will be arranged by mutual agreement with the existing tenant.
REPAIRS AND MAINTENANCE
- HABITABILITY
The landlord agrees throughout the period of the tenancy to maintain the accommodation in a wind and watertight condition and in all other respects reasonably fit for human habitation.
- STRUCTURE & EXTERIOR
The landlord undertakes (together with any other owners of common parts of the building in which the accommodation is situated, if appropriate) to keep in repair the structure and exterior of the accommodation including the following:
- drains, gutters and external pipes;
- roof;
- outside walls. Doors, windowsills, window catches, sash cords, and window frames;
- internal walls, floors, ceilings, doors, door frames, internal staircases and landings;
- chimneys, chimney stacks, and flues (including sweeping);
- pathways, steps or other means of access;
- plaster work;
- boundary walls and fences.
24.INSTALLATIONS
The Landlord will keep in repair and in proper working order the installations in the accommodation for the supply of water, gas, electricity, sanitation, space heating and water heating (with the exception of those installed by the tenant or which the tenant is entitled to remove) including the following:
- basins, sinks, baths, toilets, and showers;
- gas & electric fires and central heating systems;
- door entry system;
- cookers;
- extractor fans.
The Landlord takes full responsibility that all soft furnishing supplied comply with the 1998 Fire and Furnishing Act.
- The Landlord will not be responsible for the quality of TV reception in the property.
- The tenant will be responsible for the TV license.
- DEFECTIVE FIXTURES AND FITTING
The Landlord will repair or replace any of the fixtures, fittings or furnishings, supplied by the landlord in the accommodation, which become defective through normal wear and tear; and will do so within a reasonable period of time.
Nothing contained in this Agreement shall make the Landlord responsible for repairing damage caused willfully or negligently by the tenants, anyone living with the tenants or an invited visitor to the property.
Should the Landlord be required to carry out the work, the tenants must pay the cost of the repair.
The tenant hereby agrees to pay the cost of the repair.
This paragraph does not apply to damage caused by fair wear and tear or vandals ( provided that the Tenant has reported the damage to the police and to the landlord as soon as the damage is discovered).
27a) The tenant will be liable for the cost of repairs where the need for them is attributable to his/their fault or negligence, that of any person residing with him, or any guest of his.
The landlord may deduct such costs at the termination of the tenancy from the deposit.
- CRIMINAL DAMAGE
The Landlord undertakes to repair damage to the accommodation caused by any act of vandalism or criminal activity (other than that which it appears to him to have been committed or permitted by the tenant) providing that it has been notified to the police within 24 hours of the damage becoming known to the tenant.
- REPAIR TIMETABLE
The tenant undertakes to immediately notify the landlord (or any officer, agent or employee specified by the landlord for that purpose) of the need for any repair. The landlord undertakes to carry out necessary repairs within a reasonable period of time after having been notified of the need to do so.
- LEGISLATION
The landlord undertakes to secure repossession only by lawful means and to comply with all relevant legislation affecting private sector residential tenancies, and, where applicable, all legislation relating to other activities carried on in the premises, such as the provision of care or support, or food preparation.
- LOCK OUTS
In the event of being locked out of the property, if the tenant requires a set of keys to the property from the landlord, a £20.00 deposit must be paid to Smart Property Management & Lettings. If a locksmith or joiner is required due to the tenant locking him/herself out of the property, or due to any damage they may have caused to the locks, the cost for this shall be solely borne by the tenant.
- PAYMENT FOR REPAIRS
The tenant will be liable for the cost of repairs where the need for them is attributable to his fault or negligence, that of any person residing with him, or any guest of his. The tenant shall also be liable for any call-out charge submitted by a tradesman in the event that a fault reported by the tenant is not found to be genuine.
ENDING THE TENANCY
- The landlord may terminate the tenancy by service on the tenant of a notice to quit. The landlord may serve such notice either:
- to terminate the tenancy at its end date, or
- to terminate the tenancy where the tenant has broken or not performed any of his obligations under this Agreement.
In the event that the tenant fails to remove from the accommodation at the end of the period specified in such a notice to quit, the landlord may bring legal action against the tenant to recover possession of the accommodation on one or more of the grounds set out in Schedule 5 of the Housing (Scotland) Act 1988. These grounds are set out below.
Housing (Scotland) Act 1988; Section 18 (6) and SCHEDULE 5 PARTS i AND ii CONDITION 1 (C) OF LEASE
Grounds 1-8 set out in Part I below are mandatory grounds: that is, if they are established, the Sheriff must grant an order for possession.
Grounds 9-17 set out in Part II below are discretionary grounds, that is even if they are established, the Sheriff will grant an order for possession only if he believes it is reasonable to do so.
PART I
Ground 1: The Landlord requires the property for himself or his spouse for use as the principal home of one or both of them.
Ground 2: The house is subject to a heritable security (a mortgage) and the lender is entitled to sell the house because of the Landlord’s failure to keep to the condition of the loan.
Ground 3: The house is let under a tenancy for a specified period not exceeding eight months-off season holiday let.
Ground 4: The tenancy is provided by a specified educational institution and is let during vacation time of property normally let to students.
Ground 5: The house is held for the purpose of being available for occupation by a minister or a full-time lay missionary.
Ground 6: The Landlord intends to demolish or reconstruct or carry out substantial works to all or part of the house.
Ground 7: The tenancy has devolved under the will or intestacy of the form Tenant.
Ground 8: At least three months rent is in arrears both on the date on which the Notice of Proceedings was served and at the date of the Court hearing.
PART II
Ground 9: Suitable alternative accommodation is available for the Tenant or will be available for him when the order for possession takes effect.
Ground 10: The tenant continues to occupy the premises having given notice to quit to the Landlord.
Ground 11: The Tenant has persistently delayed paying rent.
Ground 12: Some rent is unpaid at the start of Court proceedings and at the time of serving the Notice of Proceedings.
Ground 13: Any obligation of the tenancy ( other than the obligation to pay rent) has been broken by the tenant.
Ground 14: The Tenant or anyone living with him has allowed or caused damage to the house or common parts of the building in which the house is situated.
Ground 15: The Tenant or anyone living with him has caused a nuisance or annoyance to neighbours or has been convicted of immoral or illegal use of the premises.
Ground 16: The Tenant has damaged the furniture or allowed it to become damaged.
Ground 17: The house is let to the Tenant in consequence of his employment by the Landlord and the employment has now ceased.
NOTICE & DECLARATIONS
- In signing this Agreement and taking entry to the accommodation, the tenant:
- acknowledges that he was served Notice AT5, before the creation of this tenancy ( a copy of which notice is attached to this Agreement and signed as relative hereto), and that he understands this tenancy to be a Short Assured Tenancy within the meaning of section 32 of the Housing (Scotland) Act 1988;
- confirms that he has made full and true disclosure of all information sought by the landlord in connection with the granting of this tenancy
iii. confirms that he has not knowingly or carelessly made any false or misleading statements (whether written or oral) which might affect the landlord’s decision to grant the tenancy.
INTERPRETATION
Declaring for the purposes of this words importing the masculine gender shall include the feminine; words importing the singular shall include the plural, and where there are two or more persons included in the expression ‘the tenant’ the obligations and conditions incumbent upon and expressed to be made by ‘the tenant’, including payment of the rent, shall be held to bind all such persons jointly and severally.
TENANT SIGNATURE 1
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Witness Signature
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Tenant Full Name (Block Capitals)
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Witness Full Name (Block Capitals)
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Tenant Address
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Witness Address:
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Date: Time:
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TENANT SIGNATURE 2
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Witness Signature
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Tenant Full Name (Block Capitals)
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Witness Full Name (Block Capitals)
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Tenant Address
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Witness Address:
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Date: Time:
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Date: Time:
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LANDLORD AGENT SIGNATURE
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Witness Signature
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Landlord Full Name (Block Capitals)
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Witness Full Name (Block Capitals)
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Landlord Agent Address
144a Ferry Road
Edinburgh
EH6 4NX
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Witness Address:
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Date: Time:
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Date: Time:
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