Tenancy Agreement Template
TENANCY AGREEMENT
This Tenancy Agreement (hereinafter referred to as the "Agreement") is made and entered into on this [Day] day of [Month], [Year] (the "Effective Date").
BETWEEN:
[Landlord Full Name], a private individual holding identification number [ID Number], of [Landlord Address] (hereinafter referred to as the "Landlord"), of the one part;
AND:
[Tenant Full Name], a private individual holding identification number [ID Number], of [Tenant Address] (hereinafter referred to as the "Tenant"), of the other part.
The Landlord and the Tenant are hereinafter referred to individually as a "Party" and collectively as the "Parties".
WHEREAS, the Landlord is the lawful owner of, and in possession of, the residential premises more particularly described herein and is desirous of letting the same to the Tenant upon the terms and conditions hereinafter appearing;
WHEREAS, the Tenant has inspected the said premises, is satisfied with the condition thereof, and is desirous of taking the same on tenancy for private residential purposes upon the said terms and conditions;
WHEREAS, the Parties have mutually agreed to reduce the terms of their understanding into writing by means of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, obligations and undertakings contained herein, and for other good and valuable consideration the receipt and sufficiency whereof are hereby acknowledged, the Parties hereto do hereby covenant and agree as follows.
Interpretation and Definitions
In this Agreement, unless the context otherwise requires, the following expressions shall bear the meanings hereinafter respectively ascribed to them.
"Property" shall mean the residential dwelling situate at [Property Address], together with all fixtures, fittings, furnishings, appliances and effects therein belonging to the Landlord and more particularly listed in the inventory signed by the Parties, and together with the benefit of all rights, easements and appurtenances thereto appertaining.
"Term" shall mean the fixed period of six (6) calendar months commencing on [Commencement Date] and expiring on [Expiry Date], both days inclusive, unless sooner determined in accordance with the provisions of this Agreement.
"Rent" shall mean the monthly sum of [Currency] [Amount] payable by the Tenant to the Landlord in accordance with the provisions hereof, exclusive of utilities and outgoings save as may be expressly provided to the contrary.
"Security Deposit" shall mean the sum of [Currency] [Amount] payable by the Tenant to the Landlord by way of security for the due performance and observance of the Tenant's covenants hereunder.
"Permitted Use" shall mean the use of the Property solely as a private single-family residential dwelling for the Tenant and the Permitted Occupiers, and for no other purpose whatsoever.
"Permitted Occupiers" shall mean the persons whose names are set forth at the end of this Agreement, being those persons authorised by the Landlord to reside at the Property together with the Tenant.
Words importing the singular shall include the plural and vice versa; words importing any gender shall include every gender; and references to persons shall include natural persons, bodies corporate and unincorporated associations.
The headings and sub-headings in this Agreement are inserted for convenience of reference only and shall not affect the construction or interpretation of any provision hereof.
Any reference herein to a clause, sub-clause or section is, unless otherwise stated, a reference to a clause, sub-clause or section of this Agreement.
Grant of Tenancy
The Landlord doth hereby demise and let unto the Tenant, and the Tenant doth hereby accept on tenancy from the Landlord, the Property TO HOLD the same unto the Tenant for the Term at the Rent and subject to the covenants, conditions and stipulations herein contained.
The tenancy hereby granted shall be a tenancy for a fixed term and shall not operate as a periodic tenancy save as may arise by operation of law upon expiry of the Term absent renewal or determination.
The Tenant acknowledges that the demise hereby made comprises personal rights of occupation and does not confer upon the Tenant any estate, interest or proprietary right in the Property beyond those expressly granted herein.
The Tenant shall be entitled to peaceful and quiet enjoyment of the Property during the Term, subject always to the rights of entry and access reserved to the Landlord under this Agreement and to the Tenant's observance of the covenants on its part contained.
The grant of tenancy is made upon the express understanding that the Property shall be occupied solely by the Tenant and the Permitted Occupiers, and that no other person shall be admitted to reside at the Property without the prior written consent of the Landlord.
The Landlord reserves unto itself all rights not expressly granted to the Tenant under this Agreement, including without limitation ownership of the structure, grounds, common areas (if any), and all fixtures and chattels belonging to the Landlord.
The Tenant acknowledges having inspected the Property prior to the execution hereof and accepts the same in its present state and condition, subject to any schedule of condition agreed between the Parties in writing.
Utilities and Outgoings
The Tenant shall, throughout the Term, be solely responsible for and shall punctually pay all charges in respect of the supply and consumption of electricity, gas, water, sewerage, heating fuel, telecommunications, internet, television subscriptions and all other utility services supplied to or consumed at the Property.
The Tenant shall further be responsible for all local rates, charges, taxes, levies and impositions of whatsoever nature imposed upon the occupier (as distinct from the owner) of the Property by any competent authority, and shall indemnify the Landlord against any liability therefor.
The Tenant shall promptly, upon taking occupation, arrange for the registration of all utility accounts in its own name where practicable, and shall furnish the Landlord with evidence of such registration upon request.
Where any utility or outgoing is billed to the Landlord in the first instance but is attributable to the Tenant's occupation, the Tenant shall reimburse the Landlord the full amount thereof within fourteen (14) days of presentation of the relevant invoice or statement.
The Landlord shall remain responsible for any outgoings customarily borne by the owner of the Property, including property taxes imposed upon the owner, building insurance premiums (save as elsewhere provided), and ground rent or management charges (if any).
The Tenant shall not permit any arrears to accrue in respect of any utility or outgoing for which it is responsible, and shall indemnify the Landlord against all costs, charges, interest and penalties arising from any such default.
Upon the determination of the tenancy, the Tenant shall procure final meter readings for all utilities, shall settle all outstanding accounts up to the date of yielding up, and shall furnish the Landlord with evidence of such settlement.
Term of Tenancy
The Term of this tenancy shall be a fixed period of six (6) calendar months commencing on and including [Commencement Date] and expiring on and including [Expiry Date].
Upon the expiration of the Term, this Agreement shall come to an end automatically and without the need for any notice from either Party, save where the Parties have, prior to such expiration, entered into a written agreement for renewal or extension upon such terms as they may then agree.
Save as expressly provided herein, there shall be no right on the part of either Party to determine this Agreement prior to the expiry of the Term otherwise than by mutual written agreement of the Parties in accordance with the provisions of this Agreement.
Should the Tenant remain in occupation of the Property beyond the expiry of the Term without the Landlord's written consent to such continued occupation, such occupation shall be treated as a trespass or, at the Landlord's election, as a tenancy at will determinable at any time without notice, and the Tenant shall be liable to pay to the Landlord mesne profits at a daily rate equivalent to one hundred and fifty per cent (150%) of the daily equivalent of the Rent.
Time shall be of the essence in respect of the dates of commencement and expiry of the Term.
Any agreed renewal or extension shall be effected by way of a written instrument executed by both Parties, which may incorporate such amended terms as to Rent and other matters as the Parties may agree.
Rent and Payment Terms
The Tenant shall pay to the Landlord during the Term the Rent in the sum of [Currency] [Amount] per calendar month, free of any deduction, set-off or counterclaim whatsoever.
The Rent shall be payable monthly in advance on the [Day] day of each and every calendar month throughout the Term, the first such payment to be made on the Commencement Date.
Where the Commencement Date is a day other than the first day of a calendar month, the Rent payable in respect of the first and last months of the Term shall be prorated on a daily basis calculated by reference to the actual number of days in the relevant month.
All payments of Rent shall be made by electronic bank transfer to such account as the Landlord shall from time to time nominate in writing, and shall be deemed received only upon the clearance of funds into the Landlord's account.
Should any instalment of Rent remain unpaid for a period of seven (7) days after the due date for payment thereof (whether formally demanded or not), the Tenant shall pay to the Landlord interest on such overdue amount at the rate of [Interest Rate] per cent per annum, calculated on a daily basis from the due date until the date of actual payment, together with such reasonable administrative charges as the Landlord may incur in pursuing payment.
The Rent is exclusive of all utilities, outgoings and charges save as expressly stipulated herein, and the Tenant's liability for such other sums shall be in addition to and not in substitution for its liability for the Rent.
Payment of any sum other than Rent in the exact amount due shall not be deemed accord and satisfaction of any larger sum owing, and the Landlord may accept any such sum without prejudice to its right to recover the balance.
Repairs and Maintenance
The Tenant shall, at its own cost and expense, keep the interior of the Property in good, clean, tidy and tenantable condition and repair throughout the Term, fair wear and tear and damage by insured risks only excepted.
The Tenant shall be responsible for all minor repairs and routine maintenance of a tenant-like nature, including without limitation the replacement of light bulbs, fuses, batteries in smoke and carbon monoxide detectors, the unblocking of sinks, basins, baths, showers and lavatories caused by the Tenant's use, and the periodic cleaning of filters, extractor fans and like appliances.
The Landlord shall, at its own cost, be responsible for the structural repair and maintenance of the Property, including the exterior walls, roof, foundations, main drains, gutters, downpipes, and the installations for the supply of water, gas, electricity and sanitation up to the point of entry into the Property, save where any need for such repair arises from the act, neglect or default of the Tenant or any Permitted Occupier or visitor.
The Tenant shall forthwith give written notice to the Landlord of any defect, damage, disrepair or want of repair in or about the Property which may come to the Tenant's notice, and in particular of any matter which, if not promptly attended to, may cause further damage to the Property or injury to any person.
The Tenant shall not, without the prior written consent of the Landlord, carry out or permit to be carried out any alterations, additions, improvements or decorations to the Property, whether of a structural nature or otherwise.
Where any damage to the Property or to any fixture, fitting, furnishing or appliance therein is occasioned by the act, omission, default or negligence of the Tenant, any Permitted Occupier or any visitor to the Property, the Tenant shall make good such damage at its own cost to the reasonable satisfaction of the Landlord, failing which the Landlord may effect the necessary repairs and recover the cost thereof from the Tenant as a debt.
The Tenant shall maintain the garden (if any), outdoor areas, and any lawn, shrubs or plants in good order and condition, including regular mowing, weeding and watering as the season may require.
The Tenant shall not store or keep upon the Property any inflammable, explosive, hazardous or noxious substance save such quantities of ordinary domestic cleaning and heating materials as are reasonably required for domestic use.
Landlord's Covenants
The Landlord covenants with the Tenant that, upon the Tenant paying the Rent and performing and observing the covenants and conditions on its part herein contained, the Tenant shall peaceably hold and enjoy the Property during the Term without any lawful interruption by the Landlord or any person claiming through, under or in trust for the Landlord.
The Landlord warrants that it has full right, title and authority to grant this tenancy and that the grant hereof does not contravene any mortgage, charge, encumbrance or restriction affecting the Property.
The Landlord shall ensure that, at the Commencement Date, the Property is fit for human habitation, is free from any material defect which would render it unsafe or unsanitary, and is equipped with functioning installations for the supply of water, electricity, heating and sanitation.
The Landlord shall maintain in force throughout the Term such insurance in respect of the structure of the Property and the Landlord's fixtures and fittings as the Landlord in its discretion considers appropriate, provided that such insurance shall not extend to the Tenant's personal effects.
The Landlord shall promptly attend to any repair for which it is responsible under this Agreement upon receipt of written notice from the Tenant, acting with such reasonable despatch as the nature and urgency of the matter may require.
The Landlord shall discharge punctually all outgoings, taxes and impositions properly payable by the owner of the Property, and shall indemnify the Tenant against any liability for the same.
The Landlord shall ensure that any gas, electrical and other safety installations within the Property comply with such safety requirements as are from time to time applicable to residential rental properties.
Security Deposit
The Tenant shall, upon or prior to the execution of this Agreement, pay to the Landlord the Security Deposit in the sum of [Currency] [Amount], which shall be held by the Landlord throughout the Term by way of security for the due performance and observance of the Tenant's covenants and obligations hereunder.
The Security Deposit shall be held by the Landlord in its own name and the Landlord shall not be obliged to hold the same in any separate or designated account, nor to pay any interest thereon to the Tenant, save as may be required by any applicable mandatory law.
The Landlord shall be entitled, at any time during or at the end of the Term, to apply the whole or any part of the Security Deposit in or towards satisfaction of any arrears of Rent, any sums due in respect of utilities or outgoings, the cost of making good any damage to the Property or its contents, the cost of cleaning, and any other sum due from the Tenant to the Landlord under or in connection with this Agreement.
Should the Landlord at any time during the Term apply any part of the Security Deposit, the Tenant shall, upon written demand, forthwith replenish the Security Deposit to its original amount, and any failure so to do within fourteen (14) days of such demand shall constitute a material breach of this Agreement.
Within thirty (30) days following the determination of this Agreement and the yielding up of the Property in accordance with the terms hereof, the Landlord shall return to the Tenant the Security Deposit, or such part thereof as remains after the lawful deduction of all sums properly due to the Landlord, together with a written statement itemising any such deductions.
The Security Deposit shall not be treated by the Tenant as payment of the final month's Rent or any part thereof, and the Tenant's obligation to pay Rent shall continue in full force throughout the Term notwithstanding the Landlord's holding of the Security Deposit.
The Landlord's right to recover from the Tenant any sum due hereunder shall not be limited to the amount of the Security Deposit, and the Landlord shall be entitled to pursue the Tenant for any shortfall.
Use of the Property
The Tenant shall use the Property solely for the Permitted Use and for no other purpose whatsoever, and shall not carry on or permit to be carried on at the Property any trade, business, profession or commercial activity of any kind.
The Property shall be occupied solely by the Tenant and the Permitted Occupiers whose names are set forth herein, and the Tenant shall not permit any other person to take up residence or to reside at the Property for any extended period without the prior written consent of the Landlord.
The Tenant shall not do or permit to be done at the Property any act or thing which may be or become a nuisance, annoyance, disturbance or inconvenience to the Landlord, to any neighbour, or to any other occupier of adjoining or neighbouring premises.
The Tenant shall not keep or permit to be kept at the Property any animal, bird, reptile or other pet without the prior written consent of the Landlord, which consent, if granted, may be made subject to such conditions as the Landlord may reasonably impose.
The Tenant shall not use the Property for any unlawful, immoral or improper purpose, nor permit the same to be so used, and shall comply with all applicable laws, regulations and byelaws affecting the Property or its use.
The Tenant shall not install or operate at the Property any machinery, apparatus or equipment likely to cause structural damage, excessive vibration, noise, or interference with the services of the Property or neighbouring premises.
The Tenant shall not smoke, nor permit smoking, within the interior of the Property, and shall not use any open flame, candle, incense or similar article in a manner likely to create a risk of fire.
The Tenant shall take all reasonable precautions to prevent the Property or any part thereof from being damaged, soiled or defaced, and shall secure the Property against unauthorised entry whenever the same is left unoccupied.
Tenant's Covenants
The Tenant hereby covenants with the Landlord in manner following, that is to say.
To pay the Rent and all other sums payable hereunder punctually and without deduction, set-off or counterclaim, in the manner and at the times herein provided.
To observe and perform all covenants, stipulations and conditions on the Tenant's part contained in this Agreement, and to procure that all Permitted Occupiers and visitors to the Property shall likewise observe such of the said covenants as are capable of being observed by them.
To keep the Property, including all fixtures, fittings, furnishings and appliances therein, in a clean, tidy and hygienic condition at all times, and to dispose of all household refuse in accordance with local collection arrangements.
Not to make any alteration, addition, improvement or decoration to the Property, nor to install any fixture or fitting therein, without the prior written consent of the Landlord.
To permit the Landlord and its agents, workmen and contractors to enter the Property in accordance with the provisions of this Agreement, and to afford all reasonable facilities for the carrying out of any works for which such entry is required.
To notify the Landlord forthwith in writing of any accident, damage, defect or other matter affecting the Property which requires the attention of the Landlord, and of any notice, order or demand received by the Tenant from any competent authority concerning the Property.
To indemnify and keep indemnified the Landlord against all claims, demands, actions, proceedings, costs, charges, expenses, damages and liabilities arising from any breach by the Tenant of its obligations hereunder, or from any act, omission, default or negligence of the Tenant, any Permitted Occupier or any visitor to the Property.
To yield up the Property at the determination of the Term in the condition required by this Agreement, together with all keys, access devices, and any items belonging to the Landlord.
Not to assign, underlet, charge, part with or share possession or occupation of the whole or any part of the Property, save as expressly permitted hereunder.
Landlord's Right of Access
The Landlord and its duly authorised agents, surveyors, workmen and contractors shall be entitled, at all reasonable times and upon giving to the Tenant not less than twenty-four (24) hours' prior written notice, to enter upon and inspect the Property for the purpose of ascertaining its state and condition.
The Landlord shall likewise be entitled to enter the Property on the like notice for the purpose of carrying out any repairs, maintenance, alterations or works for which the Landlord is responsible hereunder, or which the Landlord considers necessary for the protection or preservation of the Property.
In any case of genuine emergency, or where in the Landlord's reasonable opinion there is a risk of imminent damage to the Property or injury to any person, the Landlord shall be entitled to enter the Property at any time and without prior notice to the Tenant, using such means of entry as may be reasonably necessary.
The Landlord shall, during the last two (2) months of the Term or at any time after the giving of a notice to determine this tenancy, be entitled, upon the like notice of twenty-four (24) hours, to enter the Property together with prospective tenants or purchasers for the purpose of viewing the same, and the Tenant shall afford all reasonable facilities for such viewings.
The Landlord shall, in exercising its rights of access hereunder, cause as little disturbance to the Tenant as is reasonably practicable, and shall make good any damage occasioned to the Tenant's belongings by the Landlord or its agents, save where such damage is attributable to the Tenant's default.
The Tenant shall not, without the Landlord's prior written consent, change the locks of the Property or install any additional locks or security devices, and shall, upon any permitted change, forthwith deliver to the Landlord a complete set of keys to the new or additional locks.
Any refusal or obstruction by the Tenant of the Landlord's lawful exercise of its rights of access hereunder shall constitute a material breach of this Agreement.
Insurance
The Landlord shall effect and maintain in force throughout the Term insurance against loss or damage to the structure of the Property and the Landlord's fixtures and fittings by such risks as the Landlord may in its discretion determine, and against such liabilities as the Landlord as owner may incur.
The Tenant acknowledges that the Landlord's insurance does not extend to, and the Landlord shall have no liability whatsoever in respect of, the Tenant's personal effects, chattels, valuables or other possessions brought upon the Property.
The Tenant shall be solely responsible for insuring, at its own cost, all of its personal effects, chattels and belongings situate at the Property against such risks as the Tenant may consider appropriate, including without limitation theft, fire, flood and accidental damage.
The Tenant shall be strongly advised, and is hereby encouraged, to take out and maintain throughout the Term an appropriate policy of tenant's contents insurance and tenant's liability insurance covering the Tenant's liability for damage to the Property or injury to third parties.
The Tenant shall not do or permit to be done anything at the Property which may invalidate or render voidable any policy of insurance effected by the Landlord, nor which may cause the premium for such insurance to be increased.
Should any act or default of the Tenant cause the Landlord's premium of insurance to be increased, the Tenant shall pay to the Landlord on demand the amount of such increase, and shall further indemnify the Landlord against any loss suffered by reason of any insurance moneys being withheld or reduced by reason of such act or default.
The Tenant shall forthwith notify the Landlord in writing of the occurrence of any event at the Property which may give rise to a claim under any policy of insurance affecting the Property.
Assignment and Subletting
The Tenant shall not, during the Term, assign, transfer, mortgage, charge or otherwise dispose of the whole or any part of its interest under this Agreement to any third party under any circumstances whatsoever.
The Tenant shall not sublet, licence, part with possession of, or share occupation of the whole or any part of the Property with any person other than the Permitted Occupiers.
The Tenant shall not permit the Property or any part thereof to be used for short-term lettings, holiday lettings, guest accommodation, bed and breakfast accommodation, or any form of paying guest arrangement, nor shall the Tenant list or advertise the Property on any short-term rental platform or similar service.
Any purported assignment, subletting, charge, parting with possession or sharing of occupation in contravention of this section shall be void as against the Landlord and shall constitute a material breach of this Agreement entitling the Landlord to determine the tenancy in accordance with the provisions hereof.
The prohibitions contained in this section are of the essence of this Agreement, and the Tenant acknowledges that the Landlord has entered into this Agreement in reliance upon the personal character and circumstances of the Tenant.
The Tenant shall notify the Landlord forthwith in writing of any attempt by any third party to assert any right of occupation over the Property, and shall take all reasonable steps to resist and defeat any such claim.
Early Termination by Mutual Agreement
Notwithstanding the fixed nature of the Term, the Parties may at any time during the Term, by mutual agreement in writing, determine this Agreement upon such terms as they may jointly agree.
Any proposal for early termination by mutual agreement shall be initiated by written notice from the Party desiring termination to the other Party, specifying the proposed date of termination and such other terms as the proposing Party may suggest.
The receiving Party shall be under no obligation whatsoever to accept any such proposal, and the Agreement shall remain in full force and effect for the Term unless and until a written instrument of early termination has been duly executed by both Parties.
Any agreement for early termination shall be reduced to writing and signed by both Parties, and shall specify the agreed date of termination, the arrangements for the final payment of Rent and other outgoings, the arrangements for the return of the Security Deposit, and any further matters agreed between the Parties.
Where the early termination is procured at the request of the Tenant, the Landlord may make its agreement thereto conditional upon the payment by the Tenant of an early termination fee reflecting the Landlord's reasonable costs of re-letting the Property and any shortfall in Rent until a replacement tenant is secured.
Save by such mutual written agreement, neither Party shall have any right unilaterally to determine this tenancy prior to the expiry of the Term, save in exercise of the Landlord's rights upon default of the Tenant as provided herein.
Nothing in this section shall operate to confer upon either Party a right or expectation of early termination, nor to oblige either Party to negotiate or agree to any proposal for the same.
Termination and Expiry of Tenancy
This Agreement shall determine automatically upon the expiry of the Term without the requirement of any notice from either Party, unless the Parties have in the meantime entered into a written agreement for the renewal, extension or early termination hereof.
Upon the determination of this Agreement, whether by effluxion of time, by mutual agreement, or by reason of the Tenant's default, the Tenant shall forthwith vacate the Property and yield up possession thereof to the Landlord in the condition required by this Agreement.
The determination of this Agreement shall be without prejudice to any right, remedy or claim of either Party against the other in respect of any antecedent breach of the covenants and conditions herein contained.
Any sums due from the Tenant to the Landlord as at the date of determination, whether in respect of Rent, utilities, outgoings, damage, or otherwise, shall remain payable notwithstanding such determination and may be set off against the Security Deposit.
Should the Tenant fail to yield up vacant possession of the Property upon the determination of the tenancy, the Landlord shall be entitled to pursue all lawful remedies for the recovery of possession, and the Tenant shall be liable for all costs and expenses so incurred, together with mesne profits for the period of unlawful occupation.
Any provisions of this Agreement which, by their nature or express terms, are intended to survive the determination hereof shall so survive, including without limitation provisions as to indemnity, payment of outstanding sums, confidentiality, and dispute resolution.
The acceptance by the Landlord of any sum from the Tenant after the determination of this Agreement shall not operate to create any new tenancy nor to waive any right of the Landlord to recover possession.
Yielding Up and Condition on Return
The Tenant shall, upon the determination of this Agreement, peaceably and quietly yield up to the Landlord the Property, together with all fixtures, fittings, furnishings, appliances and effects belonging to the Landlord, in the same good and tenantable condition in which they were at the Commencement Date, fair wear and tear only excepted.
The Tenant shall, prior to yielding up, cause the Property to be thoroughly cleaned to a professional standard, including without limitation the cleaning of carpets, upholstery, kitchen appliances, bathrooms, windows and all internal surfaces.
The Tenant shall remove from the Property all of its own belongings, chattels and personal effects, and shall make good any damage occasioned by such removal, failing which such items may at the Landlord's option be treated as abandoned and disposed of at the Tenant's expense.
The Tenant shall deliver up to the Landlord upon yielding up all keys, access cards, remote controls and other means of access to the Property in the Tenant's possession, together with any manuals, warranties and documents relating to appliances and installations.
Where any item belonging to the Landlord is found to be missing, broken, damaged or in a condition inconsistent with fair wear and tear, the Landlord shall be entitled to recover from the Tenant the cost of replacement or repair, which cost may be deducted from the Security Deposit.
The Parties shall endeavour to attend jointly at the Property on the date of yielding up for the purpose of conducting a check-out inspection and recording the condition of the Property, but the Tenant's failure to attend shall not prevent the Landlord from conducting such inspection and shall preclude the Tenant from objecting to its findings.
The Tenant shall provide the Landlord with a forwarding address for correspondence and for the return of the Security Deposit, and shall notify the Landlord of any subsequent change of address during the period of six (6) months following determination.
Default and Remedies
Each of the following events shall constitute an Event of Default on the part of the Tenant entitling the Landlord to exercise the remedies hereinafter provided: (i) the non-payment of any Rent or other sum due hereunder for a period of fourteen (14) days after the due date, whether formally demanded or not; (ii) any material breach by the Tenant of any covenant or condition on its part contained in this Agreement; (iii) the Tenant becoming insolvent, bankrupt or entering into any arrangement with its creditors; (iv) the abandonment of the Property by the Tenant; or (v) the use of the Property for any unlawful purpose.
Upon the occurrence of any Event of Default, the Landlord shall be entitled, without prejudice to any other right or remedy, to serve upon the Tenant a notice specifying the default and requiring the same (if capable of remedy) to be remedied within such period as the Landlord may specify, being not less than fourteen (14) days.
Should the Tenant fail to remedy the specified default within the period so specified, or where the default is not capable of remedy, the Landlord shall be entitled forthwith to determine this Agreement by notice in writing to the Tenant and to re-enter and take possession of the Property, whereupon this tenancy shall absolutely cease and determine.
The determination of the tenancy under this section shall be without prejudice to the Landlord's right to recover from the Tenant all arrears of Rent and other sums outstanding, all damages flowing from the breach, and all costs and expenses (including legal costs) incurred in the enforcement of the Landlord's rights hereunder.
Interest shall accrue upon all overdue sums from the date on which the same fell due until the date of actual payment, at the rate specified in this Agreement, both before and after any judgment.
The Landlord shall be entitled to apply the Security Deposit in or towards the discharge of any sum due from the Tenant upon default, without prejudice to the Landlord's right to recover any shortfall.
The rights and remedies of the Landlord under this Agreement are cumulative and not exclusive of any other rights or remedies available at law or in equity, and no exercise or non-exercise by the Landlord of any such right or remedy shall preclude the further or subsequent exercise thereof.
No waiver by the Landlord of any breach by the Tenant shall be construed as a waiver of any subsequent breach of the same or any other covenant, and the acceptance of Rent after knowledge of any breach shall not constitute a waiver of the Landlord's right to determine this Agreement in respect of such breach.
Notices
Any notice, demand or communication required or permitted to be given under this Agreement shall be in writing and in the English language.
Notices to the Landlord shall be served at the address of the Landlord first above written, or at such other address within [Country] as the Landlord may from time to time notify to the Tenant in writing.
Notices to the Tenant shall be served at the Property, or at such other address as the Tenant may from time to time notify to the Landlord in writing.
Notices may be served by hand delivery, by prepaid registered or recorded post, or by electronic mail to such email address as the Party to be served may have notified in writing for such purpose.
A notice served by hand shall be deemed received at the time of delivery; a notice served by registered or recorded post shall be deemed received on the second business day following the date of posting; and a notice served by electronic mail shall be deemed received on the business day following the day of transmission, provided no delivery failure notification is received.
Any notice served in accordance with this section shall be effective notwithstanding that the addressee is absent, has moved away, or declines to accept delivery.
Either Party may at any time, by notice in writing to the other, change the address or electronic mail address at which notices are to be served upon it under this Agreement.
Governing Law and Dispute Resolution
This Agreement, and any dispute, controversy or claim arising out of or in connection with it, its subject matter, formation, validity, performance or termination, shall be governed by and construed in accordance with the laws of [Country/Jurisdiction].
The Parties shall use their best endeavours to resolve amicably by negotiation any dispute or difference arising out of or in connection with this Agreement, and shall for that purpose meet or communicate in good faith promptly upon the request of either Party.
In the event that any dispute cannot be resolved by negotiation within thirty (30) days of the first written notice of the dispute, the Parties may agree to refer the dispute to mediation before a mediator mutually acceptable to them.
Should the dispute remain unresolved following the exhaustion of such amicable procedures, or should either Party decline to participate in mediation, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of [Country/Jurisdiction].
Nothing in this section shall preclude either Party from applying to any court of competent jurisdiction for urgent interim or injunctive relief, including without limitation proceedings for the recovery of possession of the Property or for the recovery of arrears of Rent.
Each Party shall bear its own costs of any negotiation or mediation hereunder, provided that the costs of any mediator shall be borne equally between the Parties unless otherwise agreed.
In any court proceedings, the court shall have jurisdiction to award costs, including legal costs, to the successful Party on such basis as the court may consider appropriate.
Miscellaneous Provisions
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, understandings and agreements, whether oral or written, between the Parties relating thereto.
No variation of this Agreement shall be valid or binding unless made in writing and signed by both Parties.
No forbearance, indulgence or delay by either Party in enforcing any right under this Agreement shall operate as or be deemed to be a waiver of such right, nor shall any single or partial exercise of any right preclude any other or further exercise thereof.
Should any provision of this Agreement be held by any court or competent authority to be invalid, illegal or unenforceable in any respect, the remaining provisions shall continue in full force and effect, and the Parties shall endeavour to replace the invalid provision with a valid provision which most closely reflects the original intention.
Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or employment relationship between the Parties.
This Agreement shall be binding upon and shall enure for the benefit of the Parties and their respective heirs, personal representatives, successors in title and permitted assigns.
A person who is not a Party to this Agreement shall have no right to enforce any term hereof.
This Agreement may be executed in any number of counterparts, each of which when so executed shall be an original, but all the counterparts shall together constitute one and the same instrument. Delivery of an executed counterpart by electronic means shall be as effective as delivery of an original.
Each Party acknowledges that it has had the opportunity to seek independent legal advice before entering into this Agreement, and enters into the same freely and without duress.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands the day and year first above written.
SIGNED by the LANDLORD:
Name: [Landlord Full Name]
Identification Number: [ID Number]
Address: [Landlord Address]
Signature: ____________________________
Date: [Date]
SIGNED by the TENANT:
Name: [Tenant Full Name]
Identification Number: [ID Number]
Address: [Tenant Address]
Signature: ____________________________
Date: [Date]
PERMITTED OCCUPIERS:
1. [Full Name], [Relationship to Tenant], [Date of Birth]
2. [Full Name], [Relationship to Tenant], [Date of Birth]
3. [Full Name], [Relationship to Tenant], [Date of Birth]
WITNESSED BY:
Witness 1:
Name: [Witness Name]
Address: [Witness Address]
Signature: ____________________________
Date: [Date]
Witness 2:
Name: [Witness Name]
Address: [Witness Address]
Signature: ____________________________
Date: [Date]
ACKNOWLEDGEMENT OF RECEIPT OF SECURITY DEPOSIT:
The Landlord hereby acknowledges receipt from the Tenant of the sum of [Currency] [Amount] by way of Security Deposit, to be held in accordance with the terms of this Agreement.
Signature of Landlord: ____________________________
Date: [Date]