ASSURED SHORTHOLD TENANCY AGREEMENT

ASSURED SHORTHOLD TENANCY AGREEMENT THIS IS A BINDING LEGAL DOCUMENT AND YOU ARE ADVISED TO TAKE LEGAL ADVICE PRIOR TO THE SIGNING OF THIS DOCUMENT. B...
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ASSURED SHORTHOLD TENANCY AGREEMENT THIS IS A BINDING LEGAL DOCUMENT AND YOU ARE ADVISED TO TAKE LEGAL ADVICE PRIOR TO THE SIGNING OF THIS DOCUMENT. BY SIGNING THIS DOCUMENT IT IS DEEMED THAT YOU HAVE UNDERSTOOD THE TERMS AND HAVE ACCEPTED THIS AGREEMENT. A copy of the Buildings Insurance Policy document will be made available prior to the signing of this agreement. We would strongly recommend that you read this Policy document prior to signing this document. If you are unsure or do not understand any of the terms within this agreement we strongly recommend you obtain an explanation before signing by contacting a Solicitor or advice centre.

Please note that any assured tenancy (including a statutory periodic tenancy) commencing on or after 28th February 1997 will be an assured shorthold tenancy unless it falls within any paragraph 2a of the Housing Act 1988 This agreement is subject to all laws and statutes affecting assured shorthold tenancies. In the event a court of law determines that any clause in this agreement is deemed invalid or unfair then, this will not render the remaining clauses invalid or unfair. Contents Page 2 - Tenancy Deposit Scheme Page 5 - MAIN TERMS Part 1 - Definitions Part 2 - Tenants Obligations Part 3 - Landlords Obligations Part 4 – Rent Review Part 5 – Deposit Part 6 - General Clauses Part 7 – Guarantor Part 8 – Break Clause Page 19 - SIGNATURES Page 20 - Disclaimers

WWW.HAMWAYS.COM 1

Version 4 –February 2015 / dac

Tenancy Deposit Scheme Information A1 Address of Property to which the tenancy relates: Address

Term:

One year from date Monthdate 2014

Details of deposit holder A2 Name of Deposit Holder:

Hamways Limited

A3 Address of Deposit Holder: 104 Station Road East Oxted Surrey RH8 0QB A4 E mail address

[email protected]

A5 Telephone Number:

01883 730890

A6 Website Address

www.hamways.com

Details of tenant A7 Name(s)

Nameoftenants Tenant2

Guarantor(s):

Gurantorname

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

A9 Email address(es) (if applicable) A10 Mobile number(s) (if applicable)

Details in A7 -10 for each tenant and for other relevant persons (ie. agents, guarantor paying the deposit etc) are to be provided above.

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The Deposit A11 The deposit is £ deposit A12 The holder of the Deposit will register the Deposit with and provide other required information to the Tenancy Deposit Scheme within 30 days of the commencement of the Tenancy or the taking of the Deposit whichever is earlier and provide proof to the Tenant of compliance. If the holder of the Deposit fails to provide proof within 30 days the Tenant should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or other housing advisory service. A13 A leaflet entitled ‘What is the Tenancy Deposit Scheme?’ explaining how the Deposit is protected by the Housing Act 2004, is attached to this document for the Tenant. A14 At the end of the tenancy the deposit will be released following procedures set out in clauses in Part 4 of this Tenancy Agreement. A15 Deductions may be made from the deposit according to Clauses 4.3 of this Tenancy Agreement. No deductions can be made from the deposit without written consent from both parties to the Tenancy Agreement. A16 The procedure for instigating a dispute regarding deductions from the deposit at the end of the tenancy is summarised in ‘What is the Tenancy Deposit Scheme?’ which is attached and forms part of this tenancy agreement. More detailed information is available on: www.tds.gb.com. A17 TDS are specifically excluded under statutory instrument from adjudicating where, despite making reasonable efforts to do so, the Landlord or the Agent are unable to contact the Tenant, or the Tenant is unable to contact the Landlord or the Agent. Under these circumstances, the Member must do the following: 

Make every practical effort, over a reasonable period of time but for no longer than it would take for the ICE to resolve a dispute, to contact the (ex)-tenant/landlord using information readily available.



Determine dilapidations, rent arrears and any other prospective deductions from the deposit as they would normally do.



Allocate the deposit, pay the party who is present as appropriate, and transfer the amount due to the absent tenant/landlord to a suitable designated ”Client Suspense (bank) Account”.

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

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A19 Following sufficient time (usually at least six years) having elapsed from the last contact from the absent tenant/landlord the Member may then donate the amount allocated to them to a suitable registered charity –subject to an undertaking that any valid claim subsequently received by the Member from the beneficial or legal owner would be immediately met by the Member from its own resources. A20 Should the absent tenant/landlord return within that period and seek to dispute the allocation of the deposit, the ICE may offer to adjudicate. The Landlord confirms that the information provided to the Agent and the Tenant is accurate to the best of his knowledge and belief and that the Tenant has had the opportunity to examine this information. The Tenant confirms he has been given the opportunity to examine this information. The Tenant confirms by signing this document that to the knowledge of the Tenant the information is accurate to the best of his knowledge and belief.

Signed by the Tenant:

Signed by the Agent:

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

Tenancy Deposit Scheme PO Box 1255 Hemel Hempstead Herts HP1 9GN Phone Web: Email: Fax:

0845 226 7837 www.tds.gb.com [email protected] 01442 253193

The Dispute Service Ltd also offers a service for enabling a dispute relating to the deposit to be resolved without having to go to court.

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Agreement for letting an unfurnished dwelling house on an assured shorthold tenancy under Part 1 of the Housing Act 1988 (as amended by the Housing Act 1996) DATED

: date Monthdate 2014

PARTIES

: Legalownername Ltd The Landlord of: Haskell House 152 West End Lane London NW6 1SD : Nameoftenants The Tenant(s) of: xxxx : Tenant2 The Tenant of: xxxx : Gurantorname The Guarantor of: xxx

PROPERTY

: Property

TERM

: A term certain of one year from the date day of Monthdate 2014 If the Landlord allows the Tenant to remain in the Property after the Term has expired then the Tenancy shall continue as a contractual periodic tenancy on a monthly basis until such time as it is terminated by either party.

RENT

: £rent per calendar month

PAYABLE

: In advance by equal monthly payments on the date day of each calendar month

FIRST PAYMENT TO BE MADE ON: date Monthdate 2014 DEPOSIT

: £deposit to be paid on the signing hereof to the Agent and to be dealt with in accordance with Part 4 of this agreement.

AGENT:

: Hamways Limited of: 104 Station Road East, Oxted, Surrey, RH8 0QB Telephone: 01883 730890 www.hamways.com

The Managing Agent is appointed by the Landlord. The Landlord reserves the right to change the Agent at any time and will notify the Tenant of such changes. • The Landlord lets and the Tenant takes the Property for the Term at the rent payable as above. • This agreement creates an assured shorthold tenancy within Part I Chapter II of the Housing Act 1988. When the Term expires, the Landlord can recover possession by serving formal notice under section 21 of that Act unless the Landlord gives the Tenant a

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notice under paragraph 2 of Schedule 2A to that Act stating that the tenancy is no longer an assured shorthold tenancy. This agreement incorporates the definitions, obligations and provisions set out in parts 1 to 5 of this agreement.

PART 1 Landlord Superior landlord Head or Superior lease Tenant Joint and several liability

The Property

Deposit

Stakeholder

TDS Consent Covenant Forthwith Indemnify Agent Fixtures and fittings

Water charges Month/Monthly Inventory and or Schedule of Condition Member

DEFINITIONS An individual or company who lets property. A person(s) to whom the ownership or interest in the Leasehold premises might revert at the expiry of the lease. Refers to the lease agreement under which your Landlord holds the property, the terms of which all parties must comply with. A person, or persons named on this agreement, who are entitled to reside in the property under the terms of this tenancy agreement. This term means that jointly the tenants are liable for the payment of all rents and all liabilities falling upon the tenants during the tenancy in addition to any breach of the agreement. Individually, the tenant will be responsible for payment of all rent and liabilities falling on the tenant or the group of tenants as well as any breach of the agreement until all payments have been made in full. Comprises the Property let by this agreement and all parts, gardens, garages, out-buildings and if applicable common areas where rights of way/passage already exist that are included within the tenancy. Any sum collected from the tenant at the start of the tenancy (or within 14 days of the tenancy becoming an assured shorthold tenancy within the meaning of the Housing Act 1988 if this occurs after the receipt of the deposit) as prescribed in the tenancy agreement and held by the member on behalf of the tenant as security against performance of obligations under the tenancy agreement; any damage to the property etc.; and/or non payment of rent during the tenancy period. Means a person or body who holds the deposit at any time from the moment it has been paid by the tenant until its allocation has been agreed by the parties to the tenancy agreement, determined by the ADR process, or ordered by the court. The Dispute Service Agreement from the Landlord/Agent where required which must be confirmed in writing. An agreement/contract. To agree to or promise (something) by entering into a covenant Immediately without delay Protect or secure in respect of a loss. Compensate for expenses Secure against legal responsibility for actions. An individual or Company who lets or manages property on behalf of its owner. Any items within the property at the commencement of the tenancy or items added by the Landlord/Agent thereafter that do not belong to the tenant. Includes water, sewerage and environmental services charges Means a calendar month. Document prepared prior to commencement of the tenancy for or by the Landlord listing all items and if applicable the condition of all items within the property belonging to the Landlord Means an agent or Landlord who has joined TDS. Hamways Ltd TDS membership number GO2465

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PART 2 - TENANT’S OBLIGATIONS GENERAL LIABILITIES, SERVICES AND UTILITIES 2.1 To pay the rent to the Landlord on the date it is payable each month. UTILITIES 2.2 To arrange as soon as possible with the relevant authority for all accounts in respect of electricity, gas, oil or other applicable fuel, water, drainage and telephone at the property to be addressed to the Tenant in his own name. 2.3

To pay all standing charges in connection with the suppliers of electricity, gas, oil or other fuel to the property, water and drainage and all charges for gas, electricity, oil and water which shall be consumed or supplied on or to the property during the tenancy.

2.4

To pay all charges made for the use of the telephone at the property and to notify the Landlord or Landlord’s Agent of the new telephone number if the Tenant changes the number.

2.5

Not to allow the electricity, gas, water, telephone or any other services to be disconnected or removed and should any of the said services cease to operate throughout the tenancy, the Tenant should bring this to the attention of the Landlord or Landlord’s Agent.

2.6

If there is a septic tank or cesspit serving the property, the Tenant will be responsible for any costs associated with the emptying or clearing of same.

2.7

At commencement of the tenancy, the Tenant should notify the relevant Local Authority of their names and start date of the tenancy and ask the council to send all demands for Council Tax to the Tenant’s for the term of the tenancy. The Tenant will be responsible for the payment of Council Tax or any other similar charge replacing Council Tax during the tenancy.

2.8

To obtain a current television Licence in respect of any television set in the Property, whether belonging to the Landlord or the Tenant.

2.9

Not to change the provider of any of the utilities or services referred to previously without providing details to the Landlord or Landlord’s Agent. Not to alter or interfere with any of the apparatus and meters providing the Property with the services and not to install any key meter or water meter without the Landlord’s prior consent.

2.10

The Tenant must ensure that any gas or electrical appliances brought into the Property by the Tenant, if applicable, are properly connected to the appropriate pipe-work or electrical socket by a suitably qualified engineer. Should such appliance at any time during the tenancy become unsafe or dangerous the Tenant must cease using the appliance immediately and arrange for a suitably qualified engineer to remove/replace the appliance.

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GENERAL LIABILITIES 2.11 Any Tenant party to this Agreement be jointly and severally responsible and liable for all the terms contained within this Agreement. 2.12

Where the Property is subject to a Head or Superior Lease, the Tenant must comply when notified with any provision contained within the Superior or Head Lease which affects the way in which the Landlord or the Tenant may use the property and any communal grounds. Where appropriate, a copy of such document will be supplied to the Tenant prior to the signing of this agreement.

2.13

Within 7 days after the receipt of any Notice given or Order made by any competent authority in respect of the property to give full particulars thereof to the Landlord or Landlord’s Agent and to join with the Landlord, if requested, in taking such reasonable lawful steps to comply with the notice.

INSURANCE The Landlord confirms that the property is fully insured with a reputable insurance company (subject to 2.17) under a comprehensive buildings policy. A copy policy is available upon request. 2.14

To inform the Landlord or his Agent of any loss or damage to the Property under the usual risks covered by a buildings insurance policy, namely, fire, theft, water, damage, impact or other causes under which the property is insured and to inform as soon as possible the Landlord or the Landlord’s Agent and provide written details of such loss or damage within 7 days of the incident occurring.

2.15

Not to do anything or fail to do anything which may lead to damage or loss to the Property and to take reasonable precautions to prevent any loss or damage caused by invited guests or visitors which may lead to damage or loss of the property.

2.16

The Landlord reserves the right to claim from the tenant as additional rent all or part of an excess in the policy as a result of damage or loss to the Property as specified in Point 2.15 above.

2.17

It is the Tenant’s choice whether to take out any Contents Insurance to cover their own belongings, furnishings and equipment brought into the property, the cost of which will be the Tenant’s responsibility. The Landlord will not insure these items.

2.18

The Tenant shall not do anything that may invalidate the insurance arranged by the Landlord of the Property or the contents belonging to the Landlord or to increase the premiums that may be payable for that insurance.

SECURITY 2.19 Not to alter or change or install any locks on any doors or windows or in or about the Property or have any additional keys made for any locks without the prior consent of the Landlord or his agent. Landlord’s consent will not be

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unreasonably withheld but it will be a condition of such consent that a working set of keys to any new locks be supplied to the Landlord or Landlord’s Agent. 2.20

Not to alter any burglar alarm code (if applicable) without the prior consent of the Landlord or the Landlord’s Agents, such consent not to be unreasonably withheld.

2.21

When the Property is left empty the Tenant is to take reasonable precautions to keep the property secure, ensuring all external doors and windows are shut and locked where locks are fitted and any burglar alarm is set and secured.

GARDEN 2.22 To maintain the garden at the Property in good order, to cut the grass and keep the borders free from weeds, not to cut down or dig up any trees, shrubs or plants or alter the general character of the garden and throughout the tenancy to cultivate the garden in a reasonable manner in accordance with the season of the year so that the garden remains in no worse condition than at the commencement of the tenancy. HOUSING BENEFIT 2.23 To be liable at any time to reimburse the Landlord or his Agent any sums which the Landlord or his Agent is required to repay to the local authority in respect of Housing Benefit which has been paid direct to the Landlord or his Agent on behalf of the Tenant, and accepted in good faith, but is subsequently shown to have been paid incorrectly or as a result of fraud, error or ineligibility of the Tenant. 2.24

Should the Tenant at any time during the tenancy claim and receive Housing Benefit payments such payments should be made payable to the Tenant by the Local Authority as it is the Tenant’s responsibility to bank cheques and forward cleared funds to the Landlord or Landlord’s Agent. The Landlord will not accept Housing Benefit payments direct.

USE OF THE PROPERTY, FIXTURES AND FITTINGS 2.25 Use the property in a careful and responsible and tenant-like manner and be liable for the fair net costs involved in carrying out any repair or maintenance to the property and its fixtures and fittings, including glazed windows and doors, where such repair or maintenance is necessary as a result of the Tenant or the Tenant’s guests or visitors misuse of the Property. The Tenant must report any items of repair to the Landlord or Landlords Agent. 2.26

Not do or allow to be done anything which may be a nuisance or annoyance to the occupiers of any adjoining premises. Not to act in a manner which may reasonably be described as antisocial behaviour which may include, but is not limited to, unreasonable noise capable of being heard outside of the demise, aggressive or confrontational behaviour with any third party, littering or leaving belongings outside of the demise.

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2.27

Not to use the Property or permit it to be used for any illegal or immoral purpose or to consume or allow consumption of any illegal drugs in contravention of any statute, regulation or bye-law.

2.28

Not to keep any animals, birds, reptiles or rodents in the property without the consent of the landlord. Please refer to www.hamways.com for our policy on pets.

2.29

Not assign underlet charge or part with or shared possession or occupation of the Property or any part thereof.

2.30

Not to carry on or permit to be carried on from the property any profession, trade or business capable of becoming a statutory protected business tenancy (or a business tenancy within the meaning of the Landlord and Tenant Act 1954 part 2) or which may result in a breach of any statutory provision including the Planning Acts, Housing Acts, Health and safety Regulations or Public health Regulations, or to sub-let or receive paying guests at the property but to use the same as a private residence in the occupation of the Tenant and his guests.

2.31

To notify the Landlord or their Agents in writing prior to leaving the property vacant for any consecutive period of 30 days or more during the tenancy.

2.32

To clean internally and externally all reasonably accessible windows to the Property throughout the term of the tenancy.

2.33

To ensure that any working chimneys within the Property if in use are properly swept at least every year by any appropriate tradesman.

2.34

To ensure any electrical power outlets within the Property are not overloaded by inappropriate use of adaptors, extension cables or inappropriate appliances.

2.35

To ensure that light bulbs, fluorescent tubes, fuses etc., are renewed when required during the tenancy and are left in working order at the end of the tenancy.

2.36

It is the Tenant’s responsibility to ensure any battery operated alarms within the property are tested on a regular basis and to renew any batteries as and when required. These may include smoke alarms, heat alarms, carbon monoxide (CO) alarms.

2.37

Not to pull down, alter, add to or in any way interfere with the construction of the Property or the internal or the external decoration or decorative scheme or colours thereof. Not do or permit or suffer to be done anything upon the Property which shall cause damage to or deterioration of the internal or external surface thereof or the coverings or decoration of or to such surfaces. In particular, not to use any nails, pins, screws, pegs or bolts as fixings to the walls or ceilings but only to use proper picture hooks for this purpose and to be liable for the fair cost of making good and re-decorating any damage caused as a result of such fixings.

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2.38

To notify the Landlord or the Landlord’s Agent as soon as possible of any defect, damage or disrepair which occurs at the Property including any internal and external common parts and areas which could be, or could reasonably be expected to become, a hazard or danger to life or limb or to the fabric of the property itself. The Tenant must not carry out or authorise repairs except to take reasonable steps in an emergency to restrict or diminish such immediate dangers or damage. Any costs incurred will not be reimbursed unless approved in advance by Hamways or at their absolute discretion when reasonably incurred in exceptional circumstances.

2.39

Not deposit any store of coal or fuel at the property other than in a quantity appropriate for normal domestic use in any receptacle or tank provided for that purpose. Not to keep within the Property anything inflammable which may reasonably be considered to be a fire hazard and create a danger to the Property, occupants or neighbours.

2.40

To take such reasonable precautions to prevent damage resulting to the water system at the Property through frost or freezing during the winter months and in the event of such damage caused by failure to take such precautions forthwith to effect such emergency repairs as may be necessary to prevent further damage to the Property and then to immediately notify the Landlord or Landlord’s Agent.

2.41

Not to fix, exhibit or permit or suffer to be affixed or exhibited any aerial, satellite dish, notice, advertisement, flag, placard or poster without first obtaining the prior consent of the Landlord or the Landlord’s Agent such consent not to be unreasonably withheld. Should consent be given then the Tenant will be responsible for the removal and the cost of making good any damage or redecoration.

2.42

Not to affix to the windows or doors of the Property internally or externally any Venetian or other blinds without the prior consent of the Landlord or Landlord’s Agent, such consent not to be unreasonably withheld.

2.43

Not to hang any washing upon any part of the Property so as to be visible from outside except in an area of the garden (if any) specifically set aside for this purpose.

2.44

Not to take away from the Property any of the Landlord’s fixtures or fittings nor to store any fixtures or fittings within the basement, loft, garage or outbuildings.

2.45

Not to keep at the Property or on any demised or allocated parking area any commercial vehicle, boat or caravan without the consent of the Landlord or Landlord’s Agents and in particular not to undertake any repairs to such vehicles with the exception of minor repairs from time to time to a vehicle to which the Tenant is the registered owner.

2.46

The Tenant should take practical steps to avoid or limit the effects of condensation by adequately heating the Property and ventilating the property. Where condensation occurs take action to wipe down and clean surfaces affected to prevent mould growth and damage to the property’s fixtures and fittings. If 11

condensation persists the Tenant is advised to take advice how to reduce the problem if it is the result of living habits rather than defects to the property. ACCESS 2.47 To permit the Landlord or the Landlord’s Agent and people with written authority from the Landlord or the Landlord’s Agent including workmen to enter the Property for any purpose set out in this paragraph 2.47 provided that the Tenant has been given reasonable prior notice that access to the Property is required (being not less than 24 hours notice except in the case of emergency) and that such access is in the day time except in the case of emergency. The landlord reserves the right to keep and retain safely and securely a set of working keys for this purpose.. 2.47.1 To inspect the state and condition of the property and of the fixtures and fittings at the Property. 2.47.2 To enable the Landlord or the Landlord’s Agent to carry out works to the property for which the Landlord is responsible under the terms of this tenancy. 2.47.3 During the last six weeks of the tenancy to allow prospective new tenants to view the property. 2.47.4 At any time during the tenancy should the Landlord wish to sell his interest in the Property to a new Landlord. 2.47.5 To allow the owners of neighbouring property or their authorised contractors and professional advisors to have access to carry out works required either to the Property or the neighbouring property in compliance with the requirements of the Party Walls Act 1996 and for which proper written notice has first been given to the Tenant. 2.47.6 In the event of emergency, which may include an escape of water or gas or an electrical fault or any other matter that could reasonably be deemed or suspected to be an emergency then the landlord may enter the property by whatever means is necessary to remedy the emergency in order to diminish the effect of the emergency, protect the property, the building and the health and safety and welfare of any third party. The Landlord will, wherever reasonably possible, notify in advance and keep informed the tenant of any emergency action. 2.48

If when the Landlord or Landlord’s Agent inspect the Property they find that the Tenant has not used the Property in accordance with the Tenant’s obligations in this Agreement the Landlord or Landlord’s Agent may give the Tenant notice in writing of any repairs, redecoration or unauthorised alterations or other breaches by the Tenant of his obligations in this Agreement. The Tenant must then carry out the repairs, redecoration or other work required by the Landlord within one month of receiving the Notice or such longer period as may be reasonable having regard to the nature of the work. If the Tenant fails to carry out the work within that month or other reasonable period then the Tenant must allow the Landlord and its Agent and other authorised persons access to the Property on the same prior notice as referred to in 2.47 to enable the Landlord or Landlord’s Agent to 12

carry out the work itself and the reasonable expense of carrying out this work including the Landlord’s reasonable cost for arranging and overseeing the work will be payable by the Tenant to the Landlord within seven days of demand. COMMUNAL AREAS

2.49

Not to leave, keep or store, or allow to be left, kept, or stored, permanently or temporarily, any belongings or items, within or upon, any common parts or areas outside of the demise, where such areas exist. If clarification is required please contact Hamways

AT THE END OF THE TENANCY 2.50

To return to the Landlord at the end of the tenancy (however it ends) the Property and all fixtures and fittings belonging to the Landlord therein and any new fixtures, fittings and additions which the Landlord may have provided during the tenancy in good clean state of condition (no worse than it was received) allowing for fair wear and tear.

2.51

To ensure all Tenants’ refuse, rubbish, furniture and personal effects/belongings are removed from the Property. Any remaining items will be deemed to have been abandoned and will be disposed of after 14 days without further notice.

2.52

To return to the Landlord or Landlord’s Agent all keys including any additional or duplicate keys to all door and window locks including any garages, store sheds or outbuildings on the last day of the tenancy.

2.53

To provide to the Landlord or Landlord’s Agent a forwarding address before, at the end of or as soon as practical following the end of the tenancy unless it is not possible to do so.

2.54

To pay the Landlord or Landlord’s Agent reasonable costs of and in connection with:(a)

Any breach by the Tenant of any covenant contained in this Agreement whether for the payment of rent or otherwise whatsoever

(b)

The preparation and service of notices under Section 8 of the Housing Act 1988 or any appropriate notice seeking possession in relation to any arrears or breach of the agreement for which the Tenant shall be liable to pay forthwith the sum of £100.00

(c)

Any legal or other professional fees incurred by the Landlord in relation to any breach of the terms or conditions or covenants in this Agreement

(d)

Failure to allow entry should it be necessary under clause 2.47 and 2.48 herein, unless reasonable notice cancelling any appointment is given to the Landlord, or Landlords Agent, or Landlords Contractors, and an alternative convenient date provided, the Tenant shall be liable to pay to 13

the Landlord the costs of any abortive entry fees and/or costs of the Landlord and/or their respective servants or agents and contractors. (e)

Failure to allow the landlord or Landlord’s agents nominated Gas Safe engineer access to the property to comply with the Gas Safety (Installation and Use) regulations, the Tenant shall be liable to pay to the landlord a sum of (no less than) £75.00

(f)

Failure by the Tenant to pay any instalment of rent on the due date requiring the Landlord or the Agent to issue a demand for the overdue payment the Tenant shall be liable to pay to the Landlord the sum of (no less than) £25.00 (limited to one demand per month if rent remains unpaid for 14 days after the due date) in connection with the costs incurred by the Landlord or the Agent in sending such a demand

(g)

Any payment made by the Tenant that be stopped, dishonoured or not met on presentation or demand the Tenant shall pay to the Landlord or his agent upon demand a sum of £30.00 in connection with charges incurred

Any payments due from the Tenant under this clause 2.53 shall be paid by the Tenant to the Landlord or Landlord’s Agent within seven days of the Tenant receiving a written demand for such costs. These charges are payable by the Tenant unless otherwise directed by a court of law. 2.55

Legionnaires Disease is a pneumonia like illness caused by the legionella bacteria and can be fatal. The tenant shall from time to time but at least every 6 weeks carry out reasonable precautions to reduce the risk of the legionella virus. These would include running all taps to allow a continual flow of water for at least 2 minutes. Ensure hot water controls are set to a temperature of 60 degrees centigrade. Ensure shower heads and taps are kept clean, descaled and disinfected. Report any problems with the water system or if the hot water is not being heated properly to the landlord or agent.

PART 3 - LANDLORD’S OBLIGATIONS 3.1

The Landlord confirms that it is the sole or joint owner of the Freehold or Leasehold interest in the Property and that any appropriate consents required to sign this agreement have been obtained.

3.2

Pay the rent reserved by the said Superior Lease and observe and perform the terms and conditions thereof so far as it is not the Tenant’s responsibility so to do pursuant to the terms hereof and pay all out-goings in respect of the Property for which the Tenant is not liable under the terms of this agreement.

3.3

To keep the Property and the Landlord’s contents (if any) insured for such sums and on such terms as the landlord feels appropriate against fire and other risks normally covered by a comprehensive household policy and any other such risks as the Landlord considers necessary from time to time.

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3.4

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

3.5

Not to interrupt or interfere with the Tenant’s lawful occupation, enjoyment or use of the Property other than in an emergency or in the normal and lawful process of exercising or implementing the Landlord’s rights and obligations under this agreement and having provided at least a minimum of 24 hours prior written notification.

3.6

The landlord will keep in repair the structure and exterior of the property including drains, gutters and external pipes. The installations in the property which provide water, gas and electricity and sanitation, the central heating, hot and cold water systems, electrical wiring, basins, sinks, baths and sanitary conveniences. The landlord will maintain or repair fixtures, fittings and appliances which are listed in the inventory, except where the damage or need for repair is as a result of the tenant or tenant’s guests or visitors misuse or deliberate damage (see clause 2.25 under tenant’s obligations). In determining the standard of repair required by the landlord under this clause, regard shall be had to the age, character and prospective life of the Property and the locality in which it is situated. The landlord will not repair or maintain fixtures, fittings and appliances belonging to the tenant.

3.7

To take reasonable steps to ensure that the Landlord’s domestic gas supply and appliances comply with the landlord’s obligations under the Gas Safety (Installation and Use) Regulations 1998.

3.8

The Landlords repairing obligations quoted under clause 3.3 and 3.5 shall not be interpreted as obligating the Landlord to re-build or re-instate the Property in the event of severe damage or destruction resulting in the property becoming uninhabitable by flood, fire, severe weather or other unavoidable incidents but if the Property is damaged by a risk against which the Landlord has insured so that it is not fit for occupation the rent will not be payable by the Tenant until the Property has been repaired and made fit for occupation.

3.9

Licenced Property – Some Local Authorities require properties in their Borough to be licenced. Your landlord will hold the licence where this is required and a copy of the Landlord’s Licence will be supplied to the tenant upon request.

PART 4 – RENT REVIEW In the event that this tenancy continues after the expiry date of the fixed term as a periodic assured shorthold tenancy then the rent shall be reviewed as follows: 4.1

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

4.2

On the 2nd and subsequent anniversary dates of this tenancy the rent may be reviewed. The rent will be lesser of the open market rent or 5% of the passing rent payable immediately before the review date. 15

PART 5 - THE DEPOSIT 5.1

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

5.2

Any interest earned will belong to the landlord.

5.2.1

The Deposit shall be repayable to the Tenant only after the end of the tenancy and then without interest and after deduction of the sums required to compensate the Landlord in whole or in part for any breach of obligation on the part of the Tenant in accordance with Part 4.3 of this agreement.

5.2.2. The Agent shall hold the Deposit throughout the term of the tenancy as security for compliance by the Tenant with the obligations of the Tenant under this Agreement and the payment holding and use of the same shall be without prejudice to any other rights and remedies of the Landlord whether expressed or implied. 5.3

The deposit has been taken for the following purposes: (a) Any damage, or compensation for damage, to the premises its fixtures and fittings or for missing items for which the Tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy, insured risks and repairs are the responsibility of the Landlord. (b) The reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying any major breach by the Tenant of the Tenant’s obligations under the tenancy agreement, including those relating to the cleaning of the premises, its fixtures and fittings. (c) Any unpaid accounts for utilities or water charges or environmental services or other similar services or council tax incurred at the property/premises for which the Tenant is liable. (d) Any rent or other money due or payable by the Tenant under the tenancy agreement of which the Tenant has been made aware and which remains unpaid after the end of the tenancy. (e) Any sum which is or becomes repayable by the Landlord or its Agent to the local authority with regard to Housing Benefit which has previously been paid directly to the Landlord or its Agent relating to the Tenant named in this agreement. (f) If the Tenant shall determine this Agreement before the expiration of the said term of this Agreement without justified cause connected with the use and enjoyment of the Property the Deposit shall be retained by the Landlord and without prejudice to any other claims the Landlord may have against the Tenant 16

in respect of any breach of covenant. The Tenant shall pay to the Landlord on demand a sum at the same rate as the rent payable equal to the rent payable under this tenancy for the period from the termination of this Agreement by the Tenant to the date on which the Landlord shall re-let the Property or if earlier the date of expiry of the fixed term of this tenancy. The Landlord covenants to use their best endeavours to re-let the property. The Landlord shall be entitled to demand payments on account of this liability from the Tenant and should there be any surplus from the deposit after deducting rent payable, as detailed above, or reletting fees if the original term of the tenancy has not expired then the said surplus will be returned to the Tenant. (g) If monies lawfully due to the Landlord under this agreement are more than the Deposit held, the Tenant will be liable to pay any excess to the Landlord within 14 days of written demand. (h) If there are multiple tenants, each of them agrees with the other(s) that any one of them may consent on behalf of all the others to use alternative dispute resolution through a tenancy deposit protection scheme to deal with any dispute about the deposit at the end of the tenancy. 5.4

At the end of the tenancy

5.4.1

The Agent must tell the Tenant as soon as is practical at the end of the tenancy if they propose to make any deductions from the deposit.

5.4.2

If there is no dispute, the deposit will be allocated according to the deductions agreed. If agreement cannot be reached, any of the parties can refer the matter to the Tenancy Deposit Scheme for adjudication.

5.4.3 The Tenant should inform the Agent in writing if the Tenant intends to dispute any of the deductions regarded by the Landlord or the Agent as due from the deposit as soon as practical. 5.4.4

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

5.4.5 The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses under 4.4 above. * These time scales can be changed by agreement with the tenant in individual cases or by the contract used as standard by the agent. 5.5

Protection of the deposit The deposit is safeguarded by the Tenancy Deposit Scheme, which is administered by: The Dispute Service Ltd, PO Box 1255, Hemel Hempstead, Herts HP1 9GN 17

Telephone: Email: Fax:

0845 226 7837 [email protected] 01442 253 193

PART 6 – GENERAL CLAUSES SERVICE OF NOTICES ETC. BY THE LANDLORD OR LANDLORDS AGENT 6.1 Any notice under this Agreement to the Landlord shall be served on the Landlord or its Agent personally, by registered or first class post. Any Notice to the Tenant shall be served personally, by registered or first class post to the Property (or their last known address) and shall be deemed to be received 48 hours after posting. 6.2

6.3

Within seven days of the receipt by the Tenant of any notice under the Party Wall etc Act 1996 to give a copy thereof to the Landlord or Landlords Agent and not to take any steps in consequence of the said notice without first notifying the Landlord or Landlords Agent. S48 - LANDLORD AND TENANT ACT 1987 The Tenant is hereby notified under Section 48 of the Landlord and Tenant Act 1987 that notices (including notices in proceedings) must be served on the Landlord by the Tenant at Hamways House, 104 Station Road East, Oxted, Surrey, RH8 0QB in person or by registered post.

FORFEITURE - RIGHT OF RE-ENTRY

Important: If either party to this agreement are unsure of their rights or require further clarification of this clause they should consult a solicitor or their local Citizens Advice Bureau. 6.4

Landlord’s re-entry:(a)

(b)

if the rent or any instalment or part thereof shall be in arrears or unpaid for at least 14 days after same shall have become due whether formally demanded or not in the event of the breach of any of the Agreements on the part of the Tenant herein, contained or implied, then, subject to any statutory provisions the Landlord may recover possession of the Property and the tenancy will come to an end

Under the Housing Act 1988 the Landlord is only able to recover possession of the property with an Order of the Court. INTEREST 6.5 If any rent or other money payable by the Tenant to the Landlord under the provisions hereof shall not be paid within fourteen days of the day on which it became due the same shall be payable with interest thereon at the rate of four per cent per annum above the base minimum lending rate of Barclays Bank for the time being in force calculated on a day to day basis from the day upon which it became due down to the date of payment.

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6.6

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

6.7 thereof to the Landlord shall be deemed to have made such payment as agent for and on behalf of the Tenant and the Landlord shall be entitled to assume without enquiry.

THE TERM OF THE TENANCY 6.8

Prior to expiry of the initial term, if no notice requesting possession has been served by the landlord, should the Tenant wish to continue the tenancy we would ask that the Tenant contact the Landlord or Landlord’s Agent.

6.9

To assist with administration, we request the Tenant supply the Landlord or Landlord’s Agent at least 28 days written notice to terminate the Agreement to expire no sooner than the end of the initial term.

PART 7 – GUARANTOR The Guarantor at the request of the Tenant and in consideration for the grant of this tenancy covenants and guarantees with and to the Landlord as follows:7.1

That the Tenant shall at all times during the term hereby granted duly pay the Rents at the time and in the manner and in which it is payable and duly observe and perform all of the Tenants obligations as set out in this Agreement.

7.2

That the Guarantor(s) will at all times hereafter pay and make good to the Landlord all reasonable losses, costs, damages and expenses occasioned to the Landlord by the non-payment of the Rents or any part thereof, the breach nonobservance or non-performance of any of the Tenant’s obligations. Furthermore that any reasonable leniency on the part of the Landlord in enforcing or giving time to the Tenant for payment of the rent or any part thereof shall not in any way release the Guarantor(s) from liability.

7.3

The covenants and guarantees contained above shall have effect throughout the said term and also throughout any period thereafter during which the Tenant shall occupy the Property.

We would ask that a single payment is made to the Landlord or his Agent in relation to each rental payment that becomes due. We would suggest that a lead tenant ensures that the appropriate funds are available for this single payment. Any payment made is accepted for and on behalf of the tenants collectively. Any arrears of rent are the responsibility of all the tenants.

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PART 8 Break Clause This tenancy agreement may be terminated only on the XXXXXX by the Landlord or the Tenant provided such notice of termination is given in writing and at least one month's notice is given by the Tenant (together with proof of relocation from his/her employer) to the Landlord or two month's notice by the Landlord to the Tenant. If the break clause is not activated by either party on this date then the tenancy shall continue for the full term of this agreement.

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

Nameoftenants Tenant2 SIGNED by the above named Tenant

Gurantorname SIGNED by the above named Guarantor

Signed by Witness

Witness name

Witness address

Date

PLEASE VISIT OUR WEB SITE AT WWW.HAMWAYS.COM 20

DISCLAIMERS

Property

:

Property

Landlord

:

Legalownername Ltd

Tenant(s)

:

Nameoftenants & Tenant2

Weekend Move In Further to my request to start a tenancy for the above property on date Monthdate 2014 I am aware that the Landlords or their appointed representatives may not be able to assist in dealing with any problems arising out of my weekend occupation until after the forthcoming weekend. I confirm that I will make no claim against the Landlord or their representatives in relation to any such problems which will be dealt with during the following week.

White Goods Disclaimer

I/we hereby accept responsibility for the white goods at the above property, namely;……………………………………………………………………………...….. which have been left in the premises by the previous tenants and are not the responsibility of the Landlords.

Key Receipt

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

Signed: ……………………………….………………………………… Print: ………………………………….…………………………………. Date: ………………………………….………………………………….

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What is the Tenancy Deposit Scheme? An advisory leaflet for landlords and tenants

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

oWhat is TDS? The Tenancy Deposit Scheme (TDS) is run by The Dispute Service Ltd. It is an insurancebacked tenancy deposit protection scheme authorised by the government. TDS has two main roles: • To protect deposits. • To help resolve disputes about deposits. What is tenancy deposit protection? Tenancy deposit protection applies to all deposits for assured shorthold tenancies that started in England or Wales on or after 6 April 2007. By law, a landlord or agent who receives a deposit for such a tenancy must protect the deposit. Most residential tenancies in the private rented sector are assured shorthold tenancies, with some exceptions. For example, a tenancy cannot be an assured shorthold tenancy if: • the tenant is a company; • the rent is more than £100,000 a year; • the tenancy is for a holiday let; or • a university or college rents the accommodation to its students. Tenancy deposit protection means: • protecting a tenant’s deposit with a government-authorised scheme such as TDS; • providing the tenant with prescribed information about where their deposit is being protected and how it will be managed. Tenancy deposit protection schemes can be one of two kinds: • Custodial – this is where the scheme itself holds the deposit during the tenancy. • Insurance backed – this is where the landlord or agent holds the deposit during the tenancy, but must give it to the scheme at the end of the tenancy if there is a dispute. The scheme is insured because this guarantees that tenants will always get back the money to which they are entitled. TDS is an insurance-backed scheme. Each tenancy deposit scheme has its own rules setting out in detail how it operates. The TDS Rules are available from the TDS website and on request. What are the legal requirements? These are contained in sections 212–215 of, and Schedule 10 to, the Housing Act 2004 (as amended). Tenancy deposit protection applies to money received by a landlord or agent that is meant to be held as security in case a tenant does not comply with their obligations. The landlord or agent must comply with the initial requirements of an authorised tenancy deposit protection scheme within 30 days of receiving the deposit. To protect a deposit with TDS, the landlord or agent needs to be long to the scheme, register the deposit on the TDS tenancy database, and pay a membership subscription or deposit protection charge. A TDS member (landlord or agent) must also give the tenant ‘prescribed in formation’. This information is set out in the Housing (Tenancy Deposits (Prescribed Information) Order 2007. It must also be given to anyone who paid the deposit on the tenant’s behalf. The prescribed information includes the contact details of the land lord and tenant, the rented property’s address, the deposit amount and this leaflet. The landlord or agent must also specify which tenancy agreement clauses say how the deposit can be used.

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

Tenants must be given the opportunity to : • check any document the landlord provides containing prescribed information; and • sign it to confirm the information is accurate. What if the landlord or agent does not comply? A landlord or agent should protect the deposit in an authorised scheme and provide the tenant (and any sponsor) with the prescribed information within 30 days of receiving the deposit. If they don’t do so, then the tenant (or the person who paid the deposit) can take the landlord or agent to court. The court can order the landlord or agent to protect the deposit or repay it to the tenant. The court can also order the landlord or agent to pay the tenant compensation of between one and three times the deposit’s value. A landlord who has not correctly protected a deposit cannot serve a notice to end the tenancy and regain possession of it under section 21 of the Housing Act 1988. The landlord can only serve such a ‘section 21 notice’ after the deposit has been repaid or after any court case about the deposit has ended. A landlord who has not given the tenant prescribed information within 30 days must not issue a section 21 notice until the prescribed information has been given. If this takes place more than 30 days after the landlord or agent received the deposit, the tenant can still apply to court for compensation of between one and three times the deposit’s value. TDS cannot award compensation to tenants if a landlord or agent fails to comply with the law relating to tenancy deposit protection. This can only be dealt with by the courts. Is my deposit protected? Tenants can check if their deposit is registered with TDS by visiting www.tds.gb.com. If tenants have received a Tenancy Deposit Protection Certificate, they should enter the code number from that certificate. Alternatively they can enter their surname, the deposit amount, the tenancy postcode, and the date their tenancy started. If a member informs TDS that the protection of a deposit should be ended, TDS will make reasonable efforts to inform the tenant before ending the protection. If the tenancy has not ended, the tenant (or one of the joint tenants) can object to the ending of deposit protection by phoning the TDS customer contact centre. If the tenancy has ended and the tenant is not satisfied with the proposed split of the deposit, then the tenant can ask TDS to resolve the dispute within three months after the end of the tenancy. What happens to the deposit after the landlord or agent receives it? The landlord or the agent will hold the deposit during the tenancy. The tenancy agreement should state who receives any interest it makes. What happens to the deposit at the end of the tenancy? If there is no dispute about the return of the deposit at the end of the tenancy, the landlord or agent must pay the deposit to the tenant without delay, less any deductions that the tenant has agreed. If there is a dispute about the return of the deposit or about proposed deductions, the parties should try to reach agreement without delay. Most disputes are resolved informally in this way. But if the deposit has not been returned to the tenant within 10 days of the tenant asking for it, any of the parties can ask TDS to resolve the dispute.

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

If there is a dispute, what happens to the deposit? The landlord or agent can make a payment from the deposit if: • both landlord and tenant have agreed; or • the court has ordered the deposit to be paid; or • TDS directs them to send the money to TDS. Once TDS has been asked to resolve a deposit dispute, the landlord or the agent must send the disputed amount to TDS. By this time, the landlord or agent should have paid the tenant any part of the deposit that is not an agreed deduction or in dispute. If whoever is holding the deposit does not send the disputed deposit amount to TDS, TDS will take legal action to recover it. This will not delay TDS in resolving the dispute. If the deposit holder cannot pay the disputed amount, for example because it has become insolvent, TDS will arrange the adjudication, pay the tenant the amount awarded by the adjudicator and make a claim to its insurers. The law requires TDS to guarantee only that the tenant receives the amount they are entitled to. How are disputes resolved? The person who wishes to send the dispute to TDS can do this online or by completing a Dispute Application Form giving details of the dispute, and any relevant supporting documents. The deposit holder must then send the disputed amount to TDS. It will copy the dispute details to the other parties and give them 10 working days to consent to TDS resolving the dispute, respond to the claim, and send in their evidence. If all the parties agree to TDS resolving the dispute, TDS will appoint an impartial adjudicator to make a binding decision, normally within 28 days of receiving the parties’ consent to resolving the dispute. If landlords and agents do not reply, they are treated as consenting. In all these cases, the adjudicator will normally make a decision within 28 days after the deadline for giving evidence. Within a further 10 days of the adjudicator’s decision, TDS will pay the amount due to each party. The adjudicator’s decision will be based only on the evidence sent to TDS – there will be no hearing or visit to the property. The adjudicator’s decision is final. There is no right of appeal to TDS or to the government department in charge of the tenancy deposit protection schemes. Further details are set out in The Tenancy Deposit Scheme Rules for the Independent Resolution of Tenancy Deposit Disputes at www.tds.gb.com. What if the landlord or tenant can’t be contacted at the end of the tenancy? TDS cannot resolve a dispute if it cannot contact the parties to get their consent to TDS being involved. In these circumstances, the deposit holder must do the following: Make every practical effort – over a reasonable period of time but not for longer than it would take TDS to resolve a dispute – to contact the (ex)-tenant/landlord using information readily available. Assess any damage, rent arrears and any other likely deductions from the deposit as they would normally do

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

Split the deposit, pay the party who is present the appropriate amount, and transfer the amount due to the absent tenant/landlord to a suitably chosen ‘Client suspense (bank) account’. The deposit holder should make a formal record of these activities and support it with suitable documents. After enough time (usually at least six years) has passed from the last contact with the absent tenant/landlord, the deposit holder may then donate the absent party’s share to a suitable registered charity – subject to a binding promise from the deposit holder that it would immediately pay from its own pocket any valid claim it later received from the beneficial or legal owner. If the absent tenant/landlord returns within that time and seeks to dispute the allocation of the deposit, TDS may offer to adjudicate. Is adjudication better than going to court? Deposit disputes need to be resolved quickly and cheaply. Tenants usually need the money as a deposit on their next property, and landlords need to know how much will be available to spend on things like redecoration, damage or repairs. Going to court takes time and can be expensive and stressful. If TDS protects a deposit and the dispute goes to court, the disputed amount must be sent to TDS. TDS will distribute the deposit once it receives a final court order showing what is to happen to the deposit. TDS can only resolve a dispute if the deposit has been registered with TDS. If a deposit has not been registered, the parties will have to go to court if they cannot agree a settlement. Sometimes landlords or tenants prefer to go to court. It might be better for a landlord to go to court if they have a big claim that is well above the deposit. It might be better for a tenant to go to court if they have a counterclaim – say if they had to pay for boiler repairs because the heating did not work for several weeks. TDS cannot deal with counterclaims. Where TDS cannot accept a dispute for adjudication, TDS will notify any other party to the dispute that this has happened. The other party to the dispute may then choose to go to court or rely on the agent’s judgment if the agent is holding the deposit. What can TDS deal with? Using the TDS dispute resolution service is not compulsory. If either the landlord or tenant does not agree to use the service, one of them could choose to go to court. TDS can only deal with disputes about the deposit itself, and cannot make awards that are for more than the disputed deposit. If a larger amount is disputed, you may need to go to court. TDS cannot deal with counterclaims by tenants – such as a claim for disrepair. If you are a tenant and you wish to bring a counterclaim against your landlord, you will need to go to court. TDS cannot deal with disputes between individual tenants, or between landlords and their agents. TDS does not act as a regulator and cannot order changes in trading practices, close down businesses, or prosecute landlords or agents. However, it does try to raise standards in the private rented sector by educating tenants, landlords and agents about the cause of disputes and how to avoid them.

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

How much does it cost? TDS is funded by the membership subscriptions and deposit protection charges that letting agents and landlords pay. All these fees are on the TDS website. TDS makes no charge to tenants for protecting the deposit – although landlords or agents may pass on their subscriptions to their tenants as part of the tenancy costs. There is no charge to landlords, tenants or agents for having a dispute resolved. Who can join the Tenancy Deposit Scheme? The Tenancy Deposit Scheme is open to landlords and letting agents offering residential property for rent. They will be asked to provide relevant information – as set out in the TDS Rules – to TDS before it decides whether they can be accepted as a member, and what their subscription will be. Our guarantee of impartiality TDS is overseen by a Board, which is responsible for operating and financing the business. The Board, and the TDS management, have no role in resolving disputes and cannot intervene in decisions about disputes. The scheme’s Head of Adjudication is responsible for resolving disputes. The most usual method for resolving a dispute through TDS is to use adjudication but the scheme may suggest negotiation, mediation or other methods. Adjudicators work fairly and impartially. All TDS adjudicators belong to the Chartered Institute of Arbitrators and comply with our Adjudicator Code of Conduct, which is available on the TDS website. The adjudicators make decisions without favour, based on the issues in dispute and the evidence provided. TDS publishes breakdowns of awards in its Annual Reports. These give an overview of how awards are split between tenants, landlords and agents. You can see the adjudicators’ decision-making guidelines and some example case studies at www.tds.gb.com. Data Protection TDS will not use landlords’ or tenants’ personal data for any purpose except to operate the scheme (this includes compiling statistical data) and resolve disputes. From time to time, TDS may invite landlords or tenants to participate in surveys. If you do not wish to be contacted for survey purposes, please inform TDS by letter or email to the contact details given in this leaflet.

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

0845 226 7837 01442 253 193 www.tds.gb.com [email protected]

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

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