Sample tenancy agreement

This Tenancy Agreement is between ……………………………………………….(the landlord)
and …………………………………………………………………………………….(the tenant)
(Where there is a joint tenancy, the term 'Tenant' applies to each of the individuals named above and the full responsibilities and rights set out in this Agreement apply to each individually).

This agreement in respect of the property known as …………………………………………………………………………………………(the house)

The 'house' consists of …………………………………………………………………………………………………
……………………………………………………………………………………………………………

TERM OF TENANCY

The Landlord will let and the Tenant take possession of the house under an assured tenancy commencing on ………………………………………………………………………..………..…(the date of entry) until …………………………………………………………………...and on a monthly basis thereafter. This is subject to the Tenant occupying the Property described at Section 1. above as his/her only or principal home and to the terms of the tenancy contained in this agreement.

RENT PAYABLE

The rent is payable by the Tenant monthly, in advance, on or before the ………………day of each month.

The total monthly sum payable by the Tenant at this time is £…………………………

FURNITURE

Where furniture and equipment is provided by the Landlord, an inventory is appended to this agreement. The items so listed are and will remain the property of the Landlord.

COUNCIL TAX

The Tenant is quite separately liable for payment of the council tax and/or any other burden imposed by the local authority or water authority. In the event of the Tenant failing to meet these obligations and the Landlord being held to be liable, the sum charged will be recovered from the Tenant by the Landlord.

RENT AND SERVICE CHARGE REVIEW

The rent and service charge payable under this Agreement will be reviewed every 12 months. The Landlord undertakes to provide a full written statement of any changes in the rent payable and to provide one month's notice in writing of any changes.

VARIATIONS

The terms of this tenancy agreement may not be varied except with the prior written consent of the landlord and tenant.

REPAIRS AND MAINTENANCE

Structure and Exterior The Landlord will (in conjunction with other owners if appropriate) keep in repair the structure and exterior of the house including:

1. drains, gutters and external pipes (this does not include the clearance of blockages caused by the Tenant's negligence)
2. the roof
3. outside walls, outside doors, windowsills, window catches, sash cords and window frames, including external painting and decoration.
4. Internal walls, floors and ceilings, doors, door frames, and internal staircases and landings (but not including painting and decoration).
5. chimneys, chimney stacks and flues (but not including sweeping)
6. pathways, steps or other means of access
7. plasterwork
8. integral garages and stores
9. boundary walls and fences
10. making good damage caused by acts of vandalism/criminal activity provided they have been notified to the police within 24 hours of occurring, or as soon as is reasonably practicable, by the Tenant or someone acting on the Tenant's behalf.
11. InstallationsThe Landlord will maintain and keep in proper working order any installation it has provided for space heating etc. including:
    1. basins, sinks, baths, toilets, flushing systems and waste pipes, showers, water tanks.
    2. electric wiring, fireplaces, fitted fires and central heating installations, door entry systems, TV aerials and extractor fans.

AccessThe Landlord agrees to give the Tenant twenty-four hours notice in writing of access being required for routine maintenance. In the case of an emergency, the tenant's co-operation will be expected for emergency access.

Insurance The Landlord will maintain comprehensive building insurance. The Landlord is not responsible for the arrangement of contents insurance cover.

COMMON PARTS

The Landlord will (in conjunction with other owners where appropriate) take reasonable care to keep common parts in repair and fit for use by the Tenant and other occupiers and visitors to the property.

REPAIRS AND MAINTENANCE

Miscellaneous Repairs The Tenant will be responsible for damage to glass, damage to sink or sanitary ware, choked sink or sanitary ware, plugs or chains, replacing lost or broken keys and any cost incurred through forcing entry through lost keys.

Notice of Repairs The Tenant shall ensure access is provided to the Property for repairs to be carried out and for the inspection of gas and electrical installations and shall report promptly to the Landlord any defect or disrepair for which the Landlord is responsible.

Interior The Tenant shall keep the interior of the house in good and clean condition and in proper decorative order.

Neglect The Tenant agrees to repair or replace items damaged through neglect, carelessness or wilful damage on the part of the Tenant or any member of the Tenant's household or a visitor.

Gardens Where the Tenant has exclusive use of a garden, the Tenant agrees to maintain it.

Emergencies The Tenant will take all reasonable steps to ensure that the Landlord is notified immediately of emergencies, including those involving the supply of water, and to ensure that, where necessary, access can be gained by the Landlord's representatives. In the event that the Landlord is informed or becomes aware of any emergency and the Tenant is unable to provide access to the Property immediately, it is agreed that the Landlord may gain access to the Property, using force if necessary.

Cold Weather The Tenant will take reasonable care to ensure that water pipes do not freeze. In the event of being absent from the property, the Landlord should be informed and the Tenant should ensure that the internal water supply is turned off and the pipes, tanks, etc. are drained where this is recommended.

COMMON PARTS

The Tenant will, in turn with other occupiers, sweep and clean the common parts at least on a weekly basis, or as required. If the Tenant fails in any of these responsibilities the Landlord may carry out the work and recover the costs from the Tenant.

USE OF THE HOUSE

The Tenant agrees:

1. to occupy the house as a private dwelling house and as his/her only or principal home;
2. to advise the Landlord of who will be living in the house and also of any changes in the household;
3. not to allow the house to be occupied by more persons than it was designed for (see section 1) without the written consent of the landlord;
4. not to use or allow the house to be used for illegal purposes;
5. not to use or allow the house to be used as a base for any business purposes without the written consent of the Landlord;
6. not to cause or allow any person occupying or visiting the house to cause nuisance or annoyance to neighbours or to cause any nuisance or annoyance within the vicinity of the house;
7. not to permit any radio, television or hi-fi equipment or musical instrument to be played in such a manner as to cause a nuisance or annoyance to neighbours or so as to be audible outside the property between the hours of 11.00pm and 7.30am;
8. not to commit or allow members of his/her household or persons visiting the house to commit any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, disability or age which may interfere with the peace and comfort of, or cause offence to, any other neighbours or members of their household either in their house or in the vicinity of the house;
9. to obtain the written consent of the landlord before keeping a pet, and to keep any domestic pet under supervision and control and to ensure that it does not cause nuisance to neighbours or deterioration in the condition of the house, common areas or vicinity;
10. not to cause, or allow any member of his/her household, or any person visiting the household to commit any act of violence or any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, disability or age against any member of the Landlord's staff, committee or any person authorised to act on behalf of the Landlord in respect of its obligations and responsibilities under this Agreement.

DUTY TO OCCUPY THE HOUSE

In accepting the tenancy offered by the Landlord, the Tenant agrees to occupy the Property as his/her only or principal home. Failure to occupy the Property as their only or principal home shall constitute a breach of an obligation by the Tenant under the terms of this Agreement, which will allow the Landlord to raise an Action for Recovery of Possession in the Sheriff Court to terminate this assured tenancy, in accordance with Section 17.4 (c) of this Agreement.

SUCCESSION

On the death of the Tenant the tenancy shall pass to:

1. The Tenant's spouse or a person living with the Tenant as husband or wife, provided that in all cases he/she occupied the house as his/her only or principal home at the time of the Tenant's death, as provided for in the Housing (Scotland) Act 1988; or
2. Where someone wishes to succeed to a tenancy under this section, he/she should notify the Landlord within 28 days of the original tenant's death.

ALTERATIONS

The Tenant has the right to undertake alterations providing that the Tenant has first obtained the written consent of the Landlord and all other necessary approvals (e.g. planning permission or building regulations approval). Alterations shall include any addition to the exterior of the property, including the fitting of the receiver aerials and dishes, signs and attachments. The Landlord will not unreasonably withhold its consent but may make it conditional upon the work being carried out to a certain standard. Failure to apply for the Landlord's prior written consent, or to comply with the Landlord's decision and/or relevant conditions, will be treated as a breach of the Tenant's obligations under this Tenancy. The Landlord will reply to any such requests for consent within four weeks of receiving the request.

SUB-LETTING AND LODGERS

A. Lodgers: The Tenant may take in lodgers only with the prior written consent of the Landlord. The Landlord undertakes to respond to such requests within four weeks of receiving the application and will not withhold its consent unreasonably. Prior to granting consent, the Landlord will require that the lodger is provided with a written agreement by the Tenant and that the terms of the agreement are acceptable to the Landlord.

B. Sub-letting: The Tenant may sublet the house (or part of the house) only with the prior written consent of the Landlord. The Landlord undertakes to respond to such requests within four weeks of receiving the application and will not withhold its consent unreasonably. Prior to granting consent, the Landlord will require that the terms of the sub-tenancy are in written form and are acceptable to the Landlord.

ASSIGNATION

The Tenant may only assign the tenancy with the prior written consent of the Landlord, which will not be unreasonably withheld.

ENDING THE TENANCY

This agreement shall be ended:

1. By the Tenant giving the Landlord one month's notice in writing; or
2. By the death of the Tenant, or the successor in terms of Section 13 of this agreement; or
3. By the Landlord issuing a Notice to Quit:
   1. The Landlord undertakes to issue a Notice to Quit only if it intends to take action to recover possession of the Property in the Sheriff Court in terms of Clause 18.4 below.
   2. Where a Notice to Quit is issued by the Landlord this does not mean that the Tenant has to leave his/her home.
   3. The Notice to Quit ends the Contractual Assured Tenancy but also creates a Statutory Assured Tenancy. If the Landlord issues a Notice to Quit it will advise the Tenant in writing of the terms of the Statutory Assured Tenancy.

4. By the Landlord giving the Tenant one month's notice of its intention to commence proceedings and then subsequently obtaining an order for recovery of possession from the Sheriff Court on one or more of the following grounds contained in Schedule 5 of the Housing (Scotland) Act 1988.

   1. Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due; OR
   2. Some rent lawfully due from the tenant -
      is unpaid on the date on which the proceedings for possession are begun; AND
      except where subsection 1(b) of Section 19 of this Act applies, was in arrears at that date of the service of the notice under that section relating to those proceedings;
   3. Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed; OR
   4. The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any one of joint tenants or any person residing or lodging with the tenant or any sub-tenant of his; and in the case of acts of waste by or neglect or default of a person lodging with the tenant of sub-tenant of his, the tenant has not, before the making of the order in question, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant. In this Ground 'the common parts' means any part of a building containing the house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other houses;
   5. The Tenant or any other person residing or lodging with him/her in the house bas been guilty of conduct in or in the vicinity of the house which is a nuisance or annoyance, or has been convicted or using the house or allowing the house to be used for immoral or illegal purposes; OR
   6. The condition of any furniture provided for use under the tenancy has deteriorated owing to ill-treatment by a person residing or lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought to have taken for the removal of the lodger or sub-tenant.

   On grounds a) to f) the Sheriff Court will grant an order for repossession only if it is satisfied that it is reasonable to do so.