ASSURED SHORTHOLD TENANCY AGREEMENT for letting a residential dwelling ____________________________________________________________________
Important Notes for Tenants ♦
This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the rent for the entire agreed term. The agreement may not be terminated early unless the agreement contains a break clause, or written permission is obtained from the Landlord.
♦
Where there is more than one tenant, all obligations, including those for rent and repairs can be enforced against all of the tenants jointly and against each individually.
♦
If you are unsure of your obligations under this agreement, then you are advised to take independent legal advice before signing.
General Notes 1.
This tenancy agreement is for letting furnished or unfurnished residential accommodation on an assured shorthold tenancy within the provisions of the Housing Act 1988 as amended by Part III of the Housing Act 1996. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant.
2.
Prospective tenants should have an adequate opportunity to read and understand the tenancy agreement before signing in order for this agreement to be fully enforceable.
3.
This agreement may be used for residential tenancies of three years or less. Agreements for tenancies of a longer duration should be drawn up by deed.
4.
Section 11, Landlord and Tenant Act 1985 – these obligations require the Landlord to keep in repair the structure and exterior of the dwelling, and to keep in repair and proper working order the installations for the supply of water, gas and electricity and the installations in the Property for space heating and heating water.
5.
Section 196 of the Law of Property Act 1925 provides that a notice shall be sufficiently served if sent by registered or recorded delivery post (if the letter is not returned undelivered) to the Tenant at the Property or the last known address of the Tenant or left addressed to the Tenant at the Property.
6.
This agreement has been drawn up after consideration of the Office of Fair Trading’s Guidance on Unfair Terms in Tenancy Agreements.
More Information For more information on using this tenancy agreement please refer to the 'Letting Information Point' on The Letting Centre website. Website address: www.letlink.co.uk
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THIS AGREEMENT is made on the date specified below BETWEEN the Landlord and the Tenant. It is intended that the tenancy created by this Agreement is and shall be an assured shorthold tenancy within the meaning of the Housing Acts Date:
29 March 2014
Landlord(s):
Hemingford Properties Ltd
Landlord's Agent:
HAWES & Co Limited Trading As Hawes & Co Lettings 67 Victoria Rd Surbiton Surrey KT6 4NR
Note: Under s. 48, Landlord and Tenant Act 1987, notices can be served on the Landlord at the above address
Tenant(s):
Miss Lidia Katarzyna Dubinska
Property:
The dwelling known as: Room 4 29A Coombe Road New Malden Surrey KT3 4PX
Contents:
The fixtures and fittings at the Property together with any furniture, carpets, curtains and other effects listed in the Inventory
Term:
For the term of twelve months
commencing on
01 April 2014
Rent:
£400.00 Per Calendar Month
Payment:
in advance by equal payments Monthly on the 1st of each month
Deposit
A deposit of £400.00 is payable on signing this Agreement
1. The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the Term at the Rent payable as above 2. The Tenancy deposit 2.1
The Deposit of £400.00 is paid by the Tenant to the Agent
2.2
The deposit is held by The Agent as Stakeholder
2.3
The Agent is a member of the Tenancy Deposit Scheme.
2.4
Any interest earned will belong to the Agent
2.5
The Deposit has been taken for the following purposes
2.5.1
Any damage, or compensation for damage, to the property 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 that are the responsibility of the landlord.
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2.5.2 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 property, its fixtures and fittings 2.5.3 Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the property for which the tenant is liable. 2.5.4 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. 3. Protection of the deposit 3.1
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
4. At the end of the tenancy 4.1 The Agent must tell the tenant as soon as is practicable at the end of the tenancy if they propose to make any deductions from the Deposit 4.2 If there is no dispute the Agent will keep or repay the Deposit, according to the agreed deductions and the conditions of the tenancy agreement. Payment of the Deposit or any balance of it will be made within 10 working days of the Landlord and the Tenant agreeing the allocation of the Deposit. 4.3 The Tenant should try to 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 within a reasonable time after the termination or earlier ending of the Tenancy and failure to comply with the time limit as a breach of the rules of TDS and if the ICE is later asked to resolve any dispute may refuse to adjudicate in the matter. 4.4 If, after 10 working days following notification of a dispute to the Agent and there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit the dispute will (subject to 4.6 below) be submitted to the ICE for adjudication. All parties agree to co-operate with the adjudication. 4.5 The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses above. 4.6
If the amount in dispute is over £5,000 the Landlord and the Tenant agree to submit to formal arbitration through the engagement of an arbitrator appointed by the ICE although, with the written agreement of both parties, the ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee, to be fixed by the Board of The Dispute Service Ltd from time to time, shared equally between the Landlord and the Tenant; the liability for any subsequent costs will be dependent upon the award made by the arbitrator.
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5. The Tenant agrees with the Landlord: Rent & charges (5.1)
To pay the Rent on the days and in the manner specified to the Landlord's Agent via standing order mandate
(5.2)
To pay promptly to the authorities to whom they are due, council tax and outgoings (including water and sewerage charges, gas, electric, light and telephone (if any) relating to the Property), including any which are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee relating to the supply of water, gas, electricity and telephone if the same is disconnected. The Tenant agrees to notify the Landlord prior to changing supplier for any of the utility services (i.e. gas, electricity, water etc.)
Use of the property (5.3)
Not to assign, or sublet, part with possession of the Property, or let any other person live at the Property
(5.4)
To use the Property as a single private dwelling and not to use it or any part of it for any other purpose nor to allow anyone else to do so
(5.5)
Not to receive paying guests or carry on or permit to be carried on any business, trade or profession on or from the Property
(5.6)
Not to do or permit or suffer to be done in or on the Property any act or thing which may be a nuisance damage or annoyance to the Landlord or to the occupiers of the neighbouring premises, or which may void any insurance of the Property or cause the premiums to increase
(5.7)
Not to keep any animals, reptiles or birds (or other living creatures that may cause damage to the Property, or annoyance to neighbours) on the Property without the Landlord's written consent. Such consent, if granted, to be revocable, on reasonable grounds by the Landlord
(5.8)
Not to use the Property for any illegal or immoral purposes
(5.9)
Where the Landlord's interest is derived from another lease ("the Headlease") then it is agreed that the Tenant will observe the restrictions in the Headlease applicable to the Property. A copy of the Headlease, if applicable, is attached.
Repairs (5.10)
Not to damage or injure the Property and Contents or make any alteration or addition to it. Any redecoration is to be made only with the prior written consent of the Landlord or his Agent
(5.11)
To keep the interior of the Property and the Contents in good and clean condition and complete repair (reasonable wear and tear excepted) and to keep the Property at all times well and sufficiently aired and warmed during the tenancy
(5.12)
To immediately pay the Landlord or his Agent the value of replacement of any furniture or effects lost damaged or destroyed or at the option of the Landlord, replace immediately any furniture or effects lost damaged or destroyed, and not to remove or permit to be removed any furniture or effects from the Property
(5.13)
That the Landlord or any person authorised by the Landlord or his Agent may at reasonable times of the day on giving 24 hours' notice (unless in the case of an emergency) enter the Property for the purpose of viewing, inspecting its condition and state of repair and carryout any necessary repairs FURTHER such access by the Landlord or any person authorised by the Landlord or his Agent may be carried out with or without the Tenant being present AND for the avoidance of doubt the Tenant shall NOT have the right to insist that the aforementioned access to the property may only take place with the Tenant being present AND this shall be extended to Clause 5.26 contained herein
(5.14)
To keep the gardens (if any) including all driveways, pathways, lawns, hedges and rockeries neat tidy and properly tended at all times and not remove any trees or plants
(5.15)
To replace all broken glass in doors and windows damaged during the tenancy
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(5.16)
Not to 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
(5.17)
To notify the Landlord promptly of any disrepair, damage or defect in the Property or of any event which causes damage to the Property or which may give rise to a claim under the insurance of the Property
(5.18)
Not to glue stick or otherwise fix anything whatsoever to the exterior or interior of the Property without the Landlord's written consent
(5.19)
To take all reasonable precautions to prevent damage by frost
(5.20)
In order to comply with the Gas Safety Regulations, it is necessary: a) that the ventilators provided for this purpose in the Property should not be blocked b) that brown or sooty build up on any gas appliance should be reported immediately to the Landlord or Agent
(5.21)
To keep the drains and guttering free from obstruction and the chimneys swept as often as necessary
(5.22)
Not to introduce into the Property any portable heaters fired by liquid or bottled gas fuels without the Landlord's prior written consent
(5.23) The Tenant shall be responsible for testing all smoke detectors and carbon monoxide detectors (if any) fitted in the Property on a regular basis and replace the batteries as necessary Other tenant responsibilities (5.24)
Within seven days of receipt thereof to send to the Landlord all correspondence addressed to the Landlord or the owner of the Property and any notice order or proposal relating to the Property (or any building of which the Property forms part) given made or issued under or by virtue of any statute, regulation, order, direction or bye-law by any competent authority
(5.25)
To pay the Landlord fully for any reasonable costs or damage suffered by the Landlord as a consequence of any breach of the agreements on the part of the Tenant in this Agreement
(5.26)
Within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord or the Landlord's Agent at reasonable hours in daytime to enter and view the Property with prospective tenants or purchasers
(5.27)
Not to leave the Property vacant for more than 28 consecutive days and to properly secure all locks and bolts to the doors, windows and other openings when leaving the Property unattended
(5.28)
That where the Property is left unoccupied, without prior notice in writing to the Landlord or Agent, for more than 28 days and the Rent for this period is unpaid, the Tenant is deemed to have surrendered the Tenancy. This means that the Landlord may take over the Property and re-let it
End of tenancy (5.29)
To return the Property and Contents at the expiration or sooner determination of the tenancy in the same clean state or condition as they shall be in at the commencement of the tenancy
(5.30)
To Pay for any cleaning services that may be required to reinstate the Property to the same order that it was provided at the commencement of the tenancy including the washing or cleaning of all linen, bedding, carpets and curtains, which shall have been soiled during the tenancy AND to pay the cost of the Inventory checkout fee.
(5.31)
To leave the Contents at the end of the tenancy in approximately the same places in which they were positioned at the commencement of the tenancy
(5.32)
To return the keys of the Property to the Agent on the agreed termination date, or the end of the tenancy (whichever is sooner). The Tenant also agrees to pay for any reasonable charges incurred by the Agent in securing the Property against re-entry where keys are not returned
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6. The Landlord agrees with the Tenant that: (6.1) Provided the Tenant shall pay the Rent and perform the agreements on his part already referred to, the Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord or his Agent (6.2) The Landlord will return to the Tenant any rent payable for any period during which the Property may have been rendered uninhabitable by fire or any other risk which the Landlord has insured. 7. By obtaining a court order, the Landlord may re-enter the Property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the Landlord if the Tenant has not complied with any obligation in this Agreement or should the Rent be in arrears by more than fourteen days whether formally demanded or not 8. The Landlord agrees to carry out any repairing obligations as required by section 11 of the Landlord and Tenant Act 1985 (see note 4)
9. In this Agreement unless the context otherwise requires the following expressions shall have the following meanings: "The Landlord" includes the persons for the time being entitled to the reversion expectant on determination of the tenancy "The Tenant" includes the successors in title. Whenever there is more than one Tenant all covenants and obligations can be enforced against all of the Tenants jointly and against each individually 10.
The parties agree: (10.1)
Notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of the Housing Act 1988 if applicable. That is, that the Landlord used to live in the Property as his or her main home; or intends to occupy the Property as his or her only or main home.
(10.2)
The tenancy may be brought to an end if the mortgagee requires possession on default of the borrower under Ground 2, Schedule 2 of the Housing Act 1988.
(10.3)
Before the Landlord can end this tenancy, he shall serve any notice(s) on the Tenant in accordance with the provisions of the Housing Acts. Such notice(s) shall be sufficiently served if served in accordance with section 196 of the Law of Property Act 1925 (see note 5)
11. The Tenant irrevocably authorises the Local Authority, Benefit Office, Post Office and the relevant utility companies (including electricity, gas, water, and telephone) to discuss and disclose to the Landlord or Agent all financial and other information relating to the Property or any housing benefit claim. This authority shall extend to disclosure of the Tenant's whereabouts if the Tenant has left the Property with rent or other monies owing. 12. The Property is let together with the special conditions listed in the First Schedule attached hereto
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First Schedule Clauses For: Room 4 29A Coombe Road New Malden Surrey KT3 4PX Tenant: Miss Lidia Katarzyna Dubinska 13. General Clauses The Tenant agrees with the Landlord:
13.1 - that the Tenant has been supplied with a copy of the 'Tenants Charter' of Hawes and Co Lettings and agrees to abide by them 13.2 - to approve the Inventory and advise the Landlord or Agent accordingly within seven days from the date of this Agreement, or the Inventory is otherwise deemed to have been accepted as a true and accurate record of the condition of the Property and Contents 13.3 - not to change or cause to be changed the telephone number or burglar alarm number (if any) relating to the Property without the written permission of the Landlord 13.4 - that where the Rent is accepted from a party other than the Tenant, it shall be deemed to be accepted for and on behalf of the Tenant 13.5 - to insure his own contents and have accidental cover for Landlords fixtures and fittings 13.6 - to return any additional keys to the Landlord at the expiration or earlier determination of the tenancy 13.7 - not to introduce any water-bed into the Property without the Landlord's prior written consent 13.8 - in the event of a dispute between the parties to this agreement such dispute may be referred to the National Association of Estate Agents or the Royal Institute of Chartered Surveyors 13.9 - to maintain and be responsible for the repair and maintenance of the television aerials, satellite dish and similar signal reception devices (if any) in the Property. The Landlord shall not accept any responsibility for unsatisfactory radio or television reception. 14. Maintenance Provisions 14.1 - In the event of an emergency, the out-of-hours service number is: 0208 399 4300 or 07747753336 or 07958226416 14.2 - to maintain the garden (if any) of the Property in neat and tidy condition, keeping lawns cut, flower beds and borders free of weeds, clear away fallen leaves and water the lawn and flower beds and generally cultivate the garden in a reasonable manner and condition according to the season of the year. The Tenant also agrees to pay for shrubs to be pruned at the appropriate time of year if required. 14.3 - not to lop, top, cut down, remove or otherwise injure any trees shrubs or plants growing upon the Property (with the exception of normal pruning) or to alter the general character of the garden during the tenancy. 14.4 - to look after any houseplants supplied with the Property. 14.5 - not to deposit any store of coal in any part of the Property other than the receptacle provided for the purpose, nor to keep any combustible or offensive goods, provisions, or materials at the Property. 14.6 - to visually inspect all electrical appliances and contact the Landlord or Agent should any repair become necessary.
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14.7 - to keep all electrical and other working appliances (except gas appliances) in good working order and at least up to the standard pertaining when the Tenant took possession. 14.8 - at all times (if the Property has oil-fired central heating) to keep the oil-tank replenished with the appropriate heating oil and prevent it from running out . 14.9 - to keep all electric lights in good working order and in particular to replace all fuses, bulbs, fluorescent tubes as and when necessary. Also any replaceable or disposable filters, vacuum bags etc. to be replaced, at the end of the tenancy. 14.10 - to clean all windows approximately every EIGHT weeks and at the expiration of the tenancy 14.11 - that the Tenant will be liable for any reasonable charge or other cost incurred as a result of missed appointments where a prior arrangement has been made for tradesmen to visit, inspect or work at the Property 14.12 - not to smoke or permit any smoking at the Property whatsoever 15. Cost recovery and other financial provisions 15.1 - to pay £50.00 plus vat per person (minimum £100.00 plus vat) the costs relating to the preparation of this Agreement AND at its renewal 15.2 - both Landlord and Tenant agree to pay the shared cost of the annual tenancy deposit registration fee, which is administered by 'The Dispute Service' in the amount of £100.00 plus VAT (£50.00 plus VAT each party) 15.3 - to pay the costs associated with the checking of the Inventory at the end of the tenancy (Inventory checkout fee) and for the preparation of any renewal or continuation of the Agreement 15.4 - to pay the cost of maintaining a valid television licence at the Property throughout the tenancy where there is a television set in the Property 15.5 - that an administration fee of £25.00 plus vat will be charged for each time the Rent is overdue 15.6 - to pay any bank charges incurred by the Landlord resulting from dishonoured cheques or standing order mandates drawn by the Tenant for all Rent and other payments due to the Landlord 15.7 - to pay interest at the rate of 10% per annum on any rent arrears of more than fourteen days calculated from the rent due date until the date upon which it is actually paid in full 15.8 - in the event of any infectious or contagious disease happening during the tenancy, to carry out at his own expense any requirements for disinfecting the rooms which may be directed by the Medical Officer of Health or such other competent officer and to pay for any necessary decoration and to replace any articles which may be necessary in consequence of such disinfecting. 16. Blocks of flats Property those rooms known as Room 4 located in the building known as 29a Coombe Road New Malden Surrey KT3 4PX hereinafter referred to as "the Building". 16.1 - not to make any noise or play or permit the playing of any radio television set gramophone or musical instrument in or about the Property between the hours of 11 p.m. and 7 a.m. [so as to be audible outside the Property or to the adjoining occupiers]. 16.2 - no washing machine in the Building, whether the property of the Landlord or the Tenant, shall be used or operated before eight a.m. in the morning or after nine p.m. at night. 16.3 - to maintain and if necessary provide carpet or other sound absorbent material on all floors of the Property. 16.4 - not to use or permit the use of the common entrance hall in the Building (if any) otherwise than for quiet and peaceful entry to the Property.
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16.5 - at all times, when not in use, to keep shut the entrance door to the Building (if any). And, between the hours of eleven p.m. and eight a.m., to ensure that no noise is made in any part of the Building and in particular, between such hours to ensure that the main entrance door to the Building (if any) is closed as quietly as possible and that no disturbance or annoyance is caused to the occupiers of other parts of the Building. 16.6 - to pay the cost of making good any damage at any time done by the Tenant, or his or their servants agents or visitors, to any part of the Building or to the passages, landings, stairs, or entrance halls thereof, or to the person or property of the occupier of any other part of the Building, by the carrying in, or removal of, furniture or other goods to or from the Property or otherwise. 16.7 - to remove forthwith, upon being so required by the Landlord or Agent, any object of or obstruction by the Tenant in the common entrance hall and to pay to the Landlord on demand the cost incurred by him in removing and, if appropriate, storing the same. The removal and storage is expressly authorised and shall be entirely at the Tenant's risk. 16.8 - not to leave any refuse outdoors except on the normal day(s) designated for refuse collection in the locality and then in a properly closed receptacle. 16.9 - no clothes or similar articles are to be hung outside, or at the windows of the Property 17. Break clause 17.1 - THE Landlord and Tenant hereby agree that either party shall have the right to determine this tenancy by serving not less than TWO calendar months notice in WRITING to the other party such notice shall run two calendar months from the next applicable rent due date following receipt of such written notice, (which for the avoidance of doubt) shall NOT be effective before 01/10/2014 FURTHER where such notice has been received after 01/10/2014 the termination date shall be effective TWO calendar months from the next applicable rent due date following receipt of such later written notice 18. Termination and Renewal 18.1 - any notice to terminate or request to renew the tenancy must be in writing to the Landlord or Landlord's Agent 18.2 - ownership of any personal effects left at the Property at the end of the tenancy and not claimed within two weeks thereafter shall immediately pass to the Landlord who shall be entitled (though not bound) to sell the same for his own benefit. 18.3 - any such goods left at the Property for 14 days after the expiration or sooner determination of the tenancy shall be deemed to have been abandoned and thereafter the Landlord or the Landlord's agent may dispose of such goods as they deem appropriate FURTHERMORE the Tenant shall be liable for the charges relating to such removal and or disposal 18.4 - the Tenant shall be directly responsible for the redirection of their mail at the end of the Tenancy 19
Other Special Conditions
19.1 - It is agreed that the Tenant will immediately pay any overpayment or shortfall recoverable by the local authority where the rent, or any portion of it, is paid by housing or other benefit scheme, direct to the landlord or his agent 19.2
The Tenant agrees to make all reasonable efforts to wipe all surfaces clean and dry should condensation appear on the walls or windows or anywhere within the property following any event that has caused the condensation to appear (including without limitation the drying of clothes bathing or showering particularly in the kitchen and bathroom) AND the Tenant will be directly responsible for any damage resulting from condensation whether in the form of moulding staining or peeling wallpaper or paint IN the event of dispute such liability shall be determinded by the independant Inventory Clerk
19.3
THE Landlord shall NOT be held liable for any damage occasioned to the Tenant's belongings or furniture no matter by whatever means the said damage may be caused AND that the Tenant shall maintain his/her own insurance cover for his/her own personal belongings and furniture
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SIGNED by the LANDLORD(s) :(or the Landlord's Agent)
___________________________________________________________________________________
In the presence of :Name:
___________________________________________________________
Address:
___________________________________________________________
___________________________________________________________
___________________________________________________________
Occupation:
___________________________________________________________
Witness Signature
___________________________________________________________
SIGNED by the TENANT(s) :-
___________________________________________________________________________________ In the presence of :Name:
___________________________________________________________
Address:
___________________________________________________________
___________________________________________________________
___________________________________________________________
Occupation:
___________________________________________________________
Witness Signature
___________________________________________________________
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CLAUSES TO BE INCLUDED AS PRESCRIBED PAGES i.e. to go at the front or back of the tenancy agreement and to be detachable therefrom if required by either party after both have signed. Both parties must have a copy of these pages. As specified above if the Agent is protecting the deposit the address etc of the Landlord can be that of the Agent. However the Landlord’s name must be shown. PRESCRIBED INFORMATION Housing Act 2004 This information is prescribed under the Housing Act 2004. That means that the two parties to the Tenancy Agreement must be made aware of their rights during and at the end of the Tenancy regarding the protection of and deductions from the Deposit. A.1
Address of the property to which the tenancy relates Room 4 29A Coombe Rd New Malden Surrey KT3 4PX
A.1.1 Name of Landlord(s): Hemingford Properties Ltd
A.1.2 Actual address of the Deposit Holder: Hawes & Co Lettings 67 Victoria Road Surbiton Surrey KT6 4NR
A.1.3 E mail address of the Deposit Holder (if applicable):
[email protected] or
[email protected] _________________________________________________________________________ A.1.4 Telephone number of the Deposit Holder: 020 8399 4300 or 020 8399 5522 _________________________________________________________________________ A.1.5 Fax number (if applicable): 0208 399 1000 _________________________________________________________________________
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A.1.6 Tenant(s) name: Miss Lidia Katarzyna Dubinska
_________________________________________________________________________ A.1.7 Address for contact after the tenancy ends (if known): Not known A.1.8
E mail address for Tenant (if applicable):
[email protected] ______________________________________________________________________ A.1.9
Mobile/Telephone number:
07930 216880 _____________________________________________________________________ A.1.10 Fax number (if applicable)__________________________________________ Details of any relevant persons (i.e guarantor paying the deposit etc) A.1.11 Relevant person(s) name: N/A
_________________________________________________________________________ A.1.12 Address for contact after the tenancy ends (if known): N/A
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A.1.13 E mail address for Relevant person(s) (if applicable): N/A ______________________________________________________________________ A.1.14 Mobile/Telephone number: N/A _____________________________________________________________________ A.1.15 Fax number (if applicable)__________________________________________ A.1.16 Deposit: The deposit is £400.00 A.2
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.
A3
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 by the person holding the Deposit being HAWES & CO LETTINGS (AGENT).
Procedure for Dispute at the End of the Tenancy A4
The deposit will be released following the procedures set out in clauses (2.5, 2.5.1, 2.5.2, 2.5.3, 2.5.4, 4.1, 4.2,4.3,4.4,4.5 & 4.6) of the tenancy agreement attached.
A5
Deductions may be made from the deposit according to (clauses 2.5, 2.5.1, 2.5.2, 2.5.3, 2.5.4, 4.1, 4.2,4.3,4.4,4.5 & 4.6) of the tenancy agreement attached. No deductions can be made from the deposit without written consent from both parties to the tenancy agreement.
A6
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 to this document. More detailed information is available on: www.tds.gb.com TDS is specifically excluded under Statutory Instrument from adjudicating where, 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:
A7
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• 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 suitably designated “Client Suspense (bank) Account”. A8
A formal record of these activities should be made, supported by appropriate documentation.
A9
Following sufficient time (usually at least six years) having elapsed from 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.
A10
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 (delete if landlord) and the tenant is accurate to the best of his knowledge and belief and that the tenant has had the opportunity to examine the 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 above is accurate to the best of his knowledge and belief.
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Signed by the Tenant:
_________________________________________________________________________
Signed by the Landlord/Agent:
HAWES & CO LETTINGS
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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