Tenancy Agreement

TENANCY AGREEMENT

for the Private Rented Sector in Northern Ireland

This TENANCY AGREEMENT is made on: ________

1. PARTIES

A. Landlord:

________ whose resident address is at:

________

(hereafter "the Landlord")

B. Tenant:

________ of:

________

(hereafter "the Tenant")

C. Guarantor:

________ whose resident address is at:

________

(hereafter "the Guarantor")

The parties have agreed and do hereby agree as follows:

2. DEFINITIONS AND INTERPRETATIONS

A. Definitions

I. "Agreement" means this lease and any document which is supplemental thereto or which is expressed to be collateral herewith or any document which is entered into in accordance with this Agreement;

II. "Property" means the property owned by the Landlord, as specified in this Agreement in the clause titled "THE PROPERTY";

III. "Common Areas" means the common areas and parts of the Property, rights of access and other/any common facilities within or used in connection with the Property, including the structure and exterior of the building which includes the property, which may or may not be owned by the Landlord;

IV. "Landlord" means the person or persons as specified to be Landlord and any and all persons deriving title from the Landlord;

V. "Tenant" means the person or persons designated as the Tenant under this agreement and where so permitted any assignees or sub-Tenants as permitted under this agreement and any personal representatives of the Tenant;

VI. "the period of this Agreement" or any variation thereof means the duration that this lease of the Property will be granted to the Tenant for as specified in this Agreement together with any continuation of that duration thereof;

VII. "the start date of this Agreement" or any variation thereof means the ________;

VIII. "Furniture and Fittings" means the fittings, furniture, furnishings and other items present in the Property in accordance with the latest inventory signed by the Landlord and the Tenant. Such inventory will be prepared by the Landlord and signed by him and the Tenant at the commencement of this Agreement;

IX. "Data Protection Laws" means the relevant laws, statutes, legislation, orders, regulations or any other relevant rules which may be applicable to the processing of personal data to which a party to this agreement is subject to, including the GDPR and the Data Protection Act 2018 and any modification thereof;

X. "Jointly and Severally Liable" means that, where there is more than one Tenant, each Tenant shall be fully and jointly liable for the obligations of all other Tenants as set out under this agreement. Where there is more than one Landlord, each Landlord shall be fully liable for the obligations of the other Landlord(s) to the Tenants as set out under this agreement;

XI. "Rent" means the amount payable by the Tenant to the Landlord as set out under this agreement;

XII. "Guarantor" means a third party, requested by the Landlord, who shall meet any obligation and pay any rent in arrears where the Tenant fails to pay such rent or meet any such obligation. The guarantor can have legal action taken against them by the Landlord to recover any rent not paid by the Tenant or any obligation not met by the Tenant under this agreement.

B. Interpretations

I. Words which import the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.

II. Words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Tenant", or any variation thereof, obligations contained within this agreement which are to be made by the Tenant shall be binding jointly and severally on them and their respective representatives and executors.

III. Words importing persons, where that person is not a Tenant, include companies and vice versa.

IV. Reference to any Act of Parliament shall include any modification, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.

V. Where any obligation placed on a Tenant under this agreement provides for the Tenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party.

VI. Any reference to the necessary consent or approval of the Landlord or words and phrases with similar effect shall mean the consent or approval of the Landlord in writing executed by or on behalf of the Landlord.

VII. Where there is any reference to the right of the Landlord to have access to the Property this shall be understood as to extend this right to any persons authorised to do so on behalf of the Landlord including but not limited to workmen, contractors, agents, professional advisors and others.

3. THE PROPERTY

A. The Property to be let under this agreement is at the following address:

________

B. The following other areas and/or facilities are included with the Property:

________

C. There shall be no rent payable for any areas/facilities not expressly described or mentioned in this Agreement.

4. PERIOD OF THE AGREEMENT

A. Under the terms of this Agreement, the lease of the Property by the Tenant shall commence on ________.

B. Under the terms of this Agreement the Tenant shall be permitted to use and occupy the Property from the ________ for a period of six months from the start date of this Agreement until the end of the lease. Where the Landlord or the Tenant has not given notice at least 4 weeks prior to the end of the lease, this Agreement shall continue to operate on a monthly basis until such notice is given by either party.

5. USE AND OCCUPATION OF THE PROPERTY

A. Under this terms of this agreement the Tenant agrees to occupy the Property as their residential home.

B. The Tenant shall be forbidden from carrying out any business, profession or trade from the Property unless prior written permission has been received and granted by the Landlord or the Landlord's representatives.

C. Where the Tenant shall be absent from the Property for a period exceeding fourteen days the Tenant is obligated to notify the Landlord of this and shall take all reasonable steps to ensure that the Property is secure and to safeguard from frost or flooding or any other events which may cause damage to the Property that can be reasonably prevented.

6. RENT

A. Throughout the period of this Agreement, the Tenant shall pay rent to the Landlord on a monthly basis

B. The Tenant shall pay the rent of £________ (________) per month.

C. The first payment of rent shall be paid on or before ________. Thereafter rent payments must be received monthly from this date with each payment covering the month immediately following the one in which payment is made by the Tenant to the Landlord.

D. The method by which the Tenant should pay the Landlord is: ________. This shall be the standard and preferred method of payment under this agreement. Rent may be paid using another method under reasonable circumstances and where the Tenant has agreed this with the Landlord prior to payment being made.

E. The Landlord will provide the Tenant with a rent book as is required by the relevant legislation within 28 days of the start date of the tenancy.

7. DEPOSIT

A. The Tenant is required to pay a deposit of £________ (________), to the Landlord, on or before ________. The Tenant shall be provided with a receipt by the Landlord for the deposit paid. The deposit shall not be subject to any interest charges.

B. The Landlord shall lodge the deposit paid by the Tenant with a deposit protection scheme within fourteen days of receipt of the deposit. The Tenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Landlord within twenty-eight days of the Landlord's receipt of of the deposit.

C. In the event that the Tenant fails to meet any cost or payment which is due to the Landlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Landlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Tenant. This shall include but it is not limited to any situation where the Tenant fails to pay the rent, charges for services, unpaid bills related to the property or the cost of repairs and cleaning to the property sustained as a result of the actions of the Tenant or persons connected to them.

D. Where at the end of the Tenancy all or some of the deposit remains, the Landlord shall request the deposit to be released by the tenancy deposit scheme. Where the Tenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.

E. In the event that the Tenant owes a sum more than the deposit at the end of the Tenancy, the Tenant shall remain liable to the Landlord for the outstanding amount. The Landlord shall be entitled to carry out legal action against the Tenant to recover the outstanding debt.

8. LOCAL AUTHORITY TAXES AND UTILITY BILLS

A. Utilities

All payments of rent due under this Agreement shall be exclusive of any utility bills, and shall bear full responsibility for paying for all utilities (such as electricity, water, gas and any other services used at the property).

B. Local Authority taxes and charges

I. Where the Tenant is liable to pay any rates and other associated charges to the local authority it shall be the responsibility of the Tenant to notify the local authority of this. The amount payable to any local authority to cover any relevant taxes and charges will not be included in the rent payable by the Tenant under this Agreement.

II. Where the Tenant is exempt from paying any rates and other associated charges, the Tenant shall notify the local authority of this at the beginning of the period of this Agreement.

9. INSURANCE

A. The Landlord shall at all times during the operation of this Agreement insure and keep insured the Property and all parts thereof against the normal insured risks with the insurers for the full reinstatement value thereof. The Landlord will, if reasonably required and requested, produce a certificate from the Insurers to the Tenant stating the parts of the Property so insured and the date to which the premiums have been paid.

B. The Tenant shall be responsible for the insurance of any or all of their belongings which are present in the Property let by the Tenant from the Landlord. The Landlord shall have no obligation to insure the contents on the Property where those contents are the Property of the Tenant.

10. ASSIGNATION AND SUBLETTING

A. Where the Tenant has not been provided with written permission by the Landlord, they shall be forbidden from: subletting the Property or any part thereof; assigning their rights under this Agreement in the Property to another person; take in a lodger or any other persons unnamed in this Agreement; or assign any part of the Property or give up possession of the Property to any other person.

11. OTHER RESIDENT PERSONS

A. The Tenant must notify the Landlord in writing of any person aged sixteen or over who is resident in the Property, with the the Tenant, as their only or main home. The notice given to the Landlord must include details of the person's relationship to the Tenant and their name. In the event that the person leaves the Property, the Tenant must notify the Landlord in writing as soon as possible. Where the Tenant does not notify the Landlord of any person who is resident in the Property as their only or main home they shall be deemed to have breached this Agreement.

B. The Tenant shall ensure that any person who is resident with them in the Property shall take reasonable care not to breach any part of this Agreement as if that person was a tenant. Where such a person is found to have breached any part of this Agreement the Tenant shall be held liable for that person's actions. The Tenant shall be held responsible for any costs incurred to repair, replace or renew any part of the Property.

C. Where the Tenant allows a person to be resident in the Property and the Property becomes an unlicensed House in Multiple Occupation (HMO) as a result of the Property being that person's main or only home, the Tenant shall be held liable for any reasonable costs or expenses incurred by the Landlord due to the Property being deemed an unlicensed HMO.

12. TENANT'S OBLIGATIONS

A. The Tenant agrees and undertakes to pay the rent herein stipulated at the times and in the manner aforesaid and without any retention, deduction or set-off save as aforesaid.

B. The Tenant shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Property and any part thereof. Where the Tenant has any persons resident with them or any visitors to the Property, the Tenant shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Property and any part thereof. In particular the Tenant and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Property, a neighbour, the Landlord, agent, contractor and any other persons. Where the Tenant is found to have engaged in antisocial behaviour, this shall be a ground for termination of this Agreement.

C. The Tenant agrees to take reasonable care of the Property and any common parts thereof which the Property form part and in particular agrees to undertake the following obligations:

I. To keep the Property aired and heated.

II. To be liable for the cost of any repairs where the damage that has been sustained is attributable to the fault or negligence of the Tenant or any person or guest residing with them.

III. To not keep or bring any hazardous or combustible goods or materials into the Property or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances.

IV. Not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances.

V. To keep the Property and any parts thereof clean and in good working order and the fixtures and fittings and furniture there in good condition.

VI. To dispose of all rubbish in an appropriate manner and at an appropriate time and to ensure than any rubbish is not placed or stored in any common areas at any time.

VII. To prevent water pipes freezing in cold weather.

VIII. To avoid danger to the Property and any parts therein or any neighbouring property by way of fire or flooding.

IX. Not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system.

X. Not to tamper or interfere with any locks or relevant door closing mechanisms included within the Property.

XI. To immediately notify the Landlord of any structural damage or defects in the Property or any other part thereof.

XII. Not to change or add any locks to the property without the prior written permission of the Landlord and where the replacement of any keys, locks or access devices are necessary due to the fault of the Tenant they shall be liable to cover the costs of such necessary replacements.

XIII. Not to mistreat any furniture or furnishings provided for the use of the Tenant, or provide any person residing with them to mistreat any furniture or furnishings and, in the event of the latter occurring, to take such steps as are available to remove that person from the Property.

XIV. Not to keep any pets within the Property or any part thereof at any time.

XV. Not to make any alterations to the Property, its fixtures or fittings, nor to carry out any external alterations without the prior written permission of the Landlord. In the event that any alterations are done to the property without the landlord's consent, the landlord may terminate this Agreement and the tenant may be required to pay a penalty or fine.

XVI. To keep any area of garden in good order and to not cause damage to any part or parts of it.

XVII. To keep the interior of the Property properly decorated and to ensure that the Property is properly decorated at the termination of this Agreement. The Tenant must have the Landlord's written approval of any colour scheme with which they wish to decorate the Property.

XVIII. Not to access the roof or attic area of the tenement without the Landlord's express written permission, except where it becomes necessary in the case of an emergency.

XIX. To ensure that at the termination of this tenancy Agreement the Property is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during course of this Agreement.

13. LANDLORD'S WARRANTY

A. Provided that the Tenant upholds and fulfils its obligations and all other stipulations as set out under this Agreement and pays the rents and other payments herein stipulated the Tenant shall and may peaceably hold and enjoy the Property during the period of this Lease free from any lawful interruption by the Landlord or any person rightfully claiming through, under or in trust for it.

14. LANDLORD ACCESS TO PROPERTY

A. The Tenant agrees to allow the Landlord access to the Property from time to time as is necessary. The Tenant shall be given no less than forty-eight hours notice of the Landlord's intention to visit. The Tenant must allow access for repairs which the Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties; inspecting the Property to see if any relevant or necessary work or alterations are needed; and to carry out a valuation on the Property. The Tenant must give access to any contractors, tradesmen or any other such person hired by the Landlord to carry out works in the Property.

B. In the event of an emergency, the Landlord reserves the right to effect forcible entry to the Property where access is not made available by the Tenant or the Tenant is absent from the Property. Where emergency access is required to the Property the forty-eight hour notice period shall not be necessary.

C. Once the Tenant has given notice to the Landlord of their intention to terminate this agreement, the Tenant shall permit prospective tenants to visit the Property at reasonable times, provided the Tenant has received prior notice in advance of the visit, and to permit a "To Let" or "For Sale" board to be displayed at the Property where required.

15. REPAIRS AND MAINTENANCE

A. The Tenant accepts the Property as is in good tenantable order and condition.

B. Throughout the duration of this Agreement, the Landlord shall have the following responsibilities:

I. To maintain the Property in a wind and watertight condition and in all other respects reasonably fit for human habitation. Where the Tenant has caused any condition or defect which prevents the Property from being in such condition the Tenant shall be liable to restore the Property to such condition fit for human habitation;

II. To ensure the structure and exterior of the Property is kept in good repair, provided the Landlord is able to secure the co-operation of any relevant joint owner of the building or common parts thereof, including the drain, gutters, downpipes; the roof; the outside walls, doors, windowsills and window frames; the common stairway and common parts; the chimneys and chimney stacks; the pathways and other means of access; the plasterwork, and the boundary walls and fences;

III. To keep in repair and in proper working order all installations in the Property for the supply of water, gas, electricity, heating, water heating, and sanitation except where the working order of any installation has been caused by the Tenant or persons connected to them. This obligation shall include the upkeep and repair of any basins, sinks, baths, showers, toilets; fitted gas or electric fires and central heating systems; any cooking facilities and extractor fan. Where any of these facilities are installed by the Tenant the Landlord shall not be responsible for their upkeep;

IV. To replace or repair any fixtures, fittings or furnishings supplied by the Landlord which have become defective in a reasonable timeframe. Where any such defect has been caused by the Tenant the Tenant shall be responsible for any replacement or repairs.

C. The Tenant shall be obligated to notify the Landlord immediately of any need for repair to any part of the Property and the Landlord undertakes, in a reasonable period of time after notification, to carry out all repairs for which he is responsible under this Agreement.

D. The Tenant agrees that they will be responsible for the cost of any repairs caused by their fault or negligence or the fault or negligence of any person residing with them or visiting them or any other person for who the Tenant is legally responsible for.

16. CONTENTS AND CONDITION

A. The Tenant undertakes and agrees that the Inventory and Record of Condition, attached to this Agreement, that will be supplied to the Tenant no later than the start date of the tenancy on ________, is a complete and accurate reflection of the contents and condition of the contents contained within the Property at the start date of the tenancy.

B. Upon receipt of the Inventory and Record of Condition the Tenant shall sign the document confirming receipt of such Inventory and shall have 14 days from the start date of this Agreement to confirm that the Inventory is accurate and shall either:

I. notify the Landlord is writing of any discrepancies contained within the Inventory and Record of Condition so such discrepancies can be amended; or

II. accept the contents and findings of the Inventory and Record of Condition by taking no action and after the 14 day period has passed the Tenant will be deemed to be satisfied that the information contained within the Inventory and Record of Condition is accurate.

C. Where any of the contents of the Property are destroyed, damaged, removed or lost during the tenancy the Tenant shall be liable for the cost of any replacement or repairs required where it is necessary due to the actions of the Tenant or any persons connected to the Tenant. Where replacement or repair is due to reasonable and expected wear and tear, the Tenant shall not be liable for any costs. Any items which must be replaced shall be replaced by items of an equivalent value and quality.

17. SMOKING

A. The Tenant is not permitted to smoke or to permit visitors, or other persons resident with the Tenant, to smoke tobacco or any other substance in the Property and any parts thereof.

18. GUARANTOR OBLIGATIONS

A. In consideration of the Landlord agreeing to this Agreement and the Tenancy, the Guarantor covenants with the Landlord that the Tenant will pay the Rent and comply with all the Tenant's obligations in this Agreement. In any case of default by the Tenant the Guarantor will pay the rents and comply with those obligations, and will on demand make good to the Landlord on a full indemnity basis all liability incurred or suffered by the Landlord as a result of that default;

B. As between the Landlord and the Guarantor, the Guarantor is a principal debtor and not merely a surety;

C. The Guarantor's liability will not be reduced or discharged by any of the following:

I. any time, indulgence or concession granted by the Landlord to the Tenant or to any other person who is liable;

II. the existence of or dealing with, varying or failing to perfect or enforce any security which may be or become available to the Landlord;

III. any right to set off (whether legal or equitable), counterclaim or deduction which may have accrued to the Tenant or the Guarantor;

IV. any non-acceptance of the Rent or other sums due under this Agreement in circumstances where the Landlord has reason to suspect a breach of the Tenant's obligations under this Agreement;

V. any waiver by the Landlord of any right to forfeit this Agreement;

VI. the end of the fixed term of this Agreement.

19. TERMINATION OF THE AGREEMENT

A. Where the Tenant has breached any term, condition, undertaking or obligation under this agreement or is in arrears of rent the Landlord shall be able to serve the Tenant with a notice to quit providing them with the necessary notice period pertaining to the length of the tenancy. Where the Tenant refuses to comply with any notice to quit which has been properly served the Landlord shall seek a possession order from the courts in order to peaceably obtain possession of the Property.

20. TENANT'S BREAK CLAUSE

A. The Tenant may terminate this Agreement before the end of the fixed period of the Agreement by giving written notice to quit to the Landlord within the required notice period. Where this agreement has lasted for five or less consecutive years notice to quit must be given within at least four weeks of the date on which the serving party wishes the tenancy to terminate. Where this agreement has lasted for more than five and not more than ten consecutive years notice to quit must be given within at least eight weeks of the date on which the serving party wishes the tenancy to terminate. Where this agreement has lasted for 10 or more consecutive years notice to quit must be given within at least twelve weeks of the date on which the serving party wishes the tenancy to terminate. Where the Landlord and Tenant have agreed to waive the required notice period, the tenancy may end at an earlier date. This agreement must be given in writing. The tenancy shall end on the date specified in the notice given by the Tenant or at the earlier date agreed to by the parties. This notice to quit cannot be given within the first month of the agreement.

21. LANDLORD'S BREAK CLAUSE

A. The Landlord may terminate this Agreement before the end of the fixed period of the Agreement by giving written notice to quit to the Tenant within the required notice period. Where this agreement has lasted for five or less consecutive years notice to quit must be given within at least four weeks of the date on which the serving party wishes the tenancy to terminate. Where this agreement has lasted for more than five and not more than ten consecutive years notice to quit must be given within at least eight weeks of the date on which the serving party wishes the tenancy to terminate. Where this agreement has lasted for 10 or more consecutive years notice to quit must be given within at least twelve weeks of the date on which the serving party wishes the tenancy to terminate. Where the Landlord and Tenant have agreed to waive the required notice period, the tenancy may end at an earlier date. This agreement must be given in writing. The tenancy shall end on the date specified in the notice given by the Tenant or at the earlier date agreed to by the parties. This notice to quit cannot be given within the first 3 months of the agreement. Where the Landlord serves the Tenant with a notice to quit, the Landlord shall not be entitled to retake physical possession of the property unless the necessary court order has been obtained allowed the Landlord to do so.

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23. PROVISOS

A. The Tenant shall ensure the Landlord is indemnified in relation to all and any actions, proceedings, charges, costs, claims and demands against, suffered or incurred by the Landlord as a result of:

I. any use of the Property or any defect in the Property or the carrying out of any additions or alterations to the Property;

II. interference or alleged interference of any sort or any obstruction of a right or alleged right of light, drainage, air and any other such right which now exists for the benefit and enjoyment of any neighbouring, adjoining or adjacent property; and

III. any breach or failure to observe any obligations, conditions and other provisions contained within this agreement by the Tenant.

B. Any demand for rent or any acceptance of rent, or any other sum due and payable by the Tenant under this Agreement, by the Landlord or its agent with knowledge of any breach of the obligations on the part of the Tenant under this agreement shall not be or be considered to be a waiver wholly or partially of any such breach. Any breach of obligations by the Tenant shall be considered to be a continuing breach and the Tenant and any person in possession of or holding any interest under or through the Tenant shall not be entitled to set up any such demand for or acceptance of rent by the Landlord or its agent as a defence in any action for termination of this Agreement or otherwise.

C. Unless as a result of the Landlord's negligence, the Landlord shall not be or become liable to the Tenant or any and all persons connected to them at any time whatsoever in relation to any personal injury, death, loss, damage or expense sustained by the Tenant or any and all persons connected to them while present in the Property or any parts thereof or for any personal injury, death, loss, expense or damage incurred by the Tenant or any and all persons connected to them through any act or omission of the proprietors, tenants or occupiers of the remainder of the property or any other adjoining or neighbouring properties.

24. SEVERABILITY

A. Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.

25. GOVERNING LAW

A. This lease shall be interpreted and construed in accordance with the Law of Northern Ireland and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined exclusively in accordance with the Law of Northern Ireland and the jurisdiction of the Northern Irish Courts.

26. CONSENT TO REGISTRATION

The parties consent to registration hereof for preservation and execution: IN WITNESS WHEREOF

_______________________________
Signature of ________

Date:

_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS)

Address of Witness:

Date:

_______________________________________

Signature of ________

Date:

_______________________________________
Signature of Witness

_______________________________________

Name of Witness (BLOCK CAPITALS)

Address of Witness:

Date:

_______________________________
Signature of ________

Date:

RENT BOOK

made in accordance with the

Rent Book Regulations (Northern Ireland) 2007

A. The Tenant has been made aware of their liability for rates and other associated charges.

B. The Tenant has been made aware of their right to issue Legal Notice to Quit and Due Process.

1. PROPERTY DETAILS

Name of Tenant: ________

Tenancy Start Date: ________

The address of the Property is:

________

2. LANDLORD DETAILS

Name of Landlord: ________

Address of Landlord:

________

Landlord Telephone Number: ________

3. RENT AND RATES

Rent payable by the tenant excluding rates: £________ per month

The tenant is responsible for ensuring that the correct amount of council tax is paid for the property.

The landlord shall not be held liable for any debts incurred by the tenant due to non-payment of council tax or other charges owed to the local authority.