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SHORT ASSURED
TENANCY
AGREEMENT
for letting residential dwelling house
Important Notes for Tenants
 This tenancy agreement is a legal and binding contract and the Tenant is responsible
for payment of the rent for the entire agreed term. The agreement may not be
terminated early unless the agreement contains a break clause, or written permission
is obtained from the Landlord.
 Where there is more than one tenant, all obligations, including those for rent and
repairs, can be enforced against all of the tenants jointly and against each
individually.
 If you are unsure of your obligations under this agreement, then you are advised to
take independent legal advice before signing.
General Notes
1. This tenancy agreement is for letting furnished or unfurnished residential accommodation
on a short assured tenancy within the provisions of the Housing (Scotland) Act 1988 as
amended. As such, this is a legal document and should not be used without adequate
knowledge of the law of landlord and tenant.
2. It is a requirement that the tenant is served with a statutory Notice of a Short Assured
Tenancy (form AT5) BEFORE signing the tenancy agreement. Failure to serve Notice
AT5 may result in the tenancy being assured.
3. Prospective tenants should have an adequate opportunity to read and understand the
tenancy agreement before signing in order for this agreement to be fully enforceable.
4. This agreement has been drawn up after consideration of the Office of Fair Trading’s
Guidance on Unfair Terms in Tenancy Agreements.
This is an important legal document and should be kept in a safe place
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This AGREEMENT is made on the date specified below BETWEEN the Landlord and the Tenant. It is intended that the tenancy created by this
Agreement is and shall be a Short Assured Tenancy within the meaning of section 32 of the Housing (Scotland) Act 1988. The Tenant
acknowledges that, before the tenancy was entered into, the Tenant received a valid AT5 Notice in the prescribed form stating that the tenancy is
to be a Short Assured Tenancy and including the name and the current address of the Landlord and/or Agent, where any legal notices are to be
served. Possession may be recovered under sections 19 and/or 33 of the Housing (Scotland) Act, 1988, whichever be appropriate at the end of
the tenancy
Date of Execution:
03 June 2014
Landlord(s)
Landlords registration
M
Landlord's Agent
Town & Gown Property Letting Services Ltd
Bell Rock View
Dunino
St Andrews
KY16 8LY
Note: Notices can be served on the Landlord at the above address
Tenant(s)
Property
The dwelling known as
HMO No (if applicable)
Contents
The fixtures and fittings at the Property together with any furniture, carpets, curtains and other effects listed in the
Inventory . This lease excludes the use of any out buildings or garages belonging to the property unless noted
below.
Term
For the term of ten months commencing on 02 September 2013 and expiring on 30 June 2014
Rent
In 10 monthly instalments of £925.00
Payment
in advance by equal payments to be cleared and in our account on the 1st of each month commencing
02 September 2013
Deposit
A deposit of £925.00 is payable by 31st March 2014.
1. The Landlord agrees to let to the Tenant the Property and Contents for the Term at the Rent payable as above
2.
The Tenant pays the Deposit as security for the performance of the Tenant's obligations and to pay and compensate the Landlord for the
reasonable costs of any breach of those obligations including all items found in the inventory which will be supplied to the tenancy on the
entry of the first tenant . It is agreed that this sum shall not be transferable by the Tenant in any way, and at any time against payment of
the Rent and that no interest shall be payable on this Deposit. The balance of the Deposit will be paid to the Tenant as soon as possible
after the conclusion of the tenancy, less any reasonable costs incurred for the breach of any obligation. It is agreed that the deposit will be
held by the Landlord or the Landlord’s Agent. If the Deposit is held by the Landlord’s Agent, it is specifically agreed that it is held by the
Landlord’s Agent as agent for the Landlord, and as such is held to the order and instructions of the Landlord
Deductions can be made from the deposit at the end of tenancy as follows :_
To pay for any reasonable cleaning services that may be required to reinstate the Property to the same order that it was provided at the
commencement of the tenancy including the washing or cleaning of all linen, bedding, carpets and curtains which shall have been soiled during
the tenancy Also it can be used for replacement or repair of any inventory item damaged or lost during the term of the tenancy not noted by the
tenants on the return of the inventory at the commencement of the lease.
To cover any rent arrears or unpaid bills incurred by the tenant against the property during the term of the tenancy.
To pay for any reasonable gardening service to reinstate the garden to the same order it was at the time of commencement of lease.
In the event of a dispute arising over the return of the deposit the landlord or his agent will initially negotiate with the tenant. In the event of both
parties failing to resolve the matter satisfactorily, the dispute will be passed to the mediation service offered by the Tenancy protection Scheme
who hold the tenants deposit.
The balance of deposit ( less any deductions for items above ) will be returned to the lead tenant within 3 working days of Town and Gown
receiving written confirmation (in the form of receipted invoice) of payment of both electricity and gas accounts. (either or both wherever
applicable ) if held by Town and Gown Property Letting Services. Under the Tenancy Deposit Scheme (Scotland) regulations 2011, upon
confirmation of the scheme operator the full sum of the deposit paid to Town and Gown Property Letting Services Ltd will be transferred into the
tenancy deposit Scheme. Confirmation of this will be made to the tenants along with any references given by the scheme provider. Once the
deposit is held by this scheme any refund at the end of the lease will be made under the scheme guidance and at the time frame of the scheme
operators not that of Town and Gown Property Letting Services Ltd
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For the purpose of the Tenancy Deposit scheme the first named tenant on the lease is agreed by all parties of the lease to act as the lead tenant for
refund of the deposit and also to act as the authorising member of the lease to accept or reject the deductions (if any) requested by Town and
Gown property Letting Services.
THE TENANT AGREES WITH THE LANDLORD:
3. Rent & charges
3.1 To pay the Rent on the days and in the manner specified to the Landlord or the Landlord's Agent. The tenants are responsible for payment of
all electricity, gas, telephone and council tax charges during the tenancy. Tenants are also responsible for ensuring they have a full television
licence for the period of the lease.
In the event of rent being outstanding, interest will be charged on a daily rate based on the base rate charged by the Bank of England + 2%.
Interest will be payable from the second day the sum is outstanding.
To pay promptly to the authorities to whom they are due, council tax, water and sewerage charges, gas, electric, light and telephone (if any)
relating to the Property), where they are incurred during the period of the Agreement, including any which are imposed after the date of this
Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee relating to the supply of water, gas, electricity and
telephone if the same is disconnected. The Tenant agrees to notify the Landlord prior to changing supplier for any of the utility services stated
above. The tenant is responsible for obtaining a television licence for the period of the lease, in the event of an exemption from licence being
claimed a copy of the application and the exemption itself should be supplied to the agents upon receipt.
3.2 That in the case of a breach of the terms of the tenancy by the Tenant, a reasonable administrative charge may be made in addition to the
costs of any remedial work, in order to compensate the Landlord or Agent his reasonable expenses.
3.3 During the currency of the tenancy, the Landlord shall remain responsible for maintaining adequate buildings insurance cover for the
Property on comprehensive terms and also for insuring the Landlord’s Contents as specified in the Inventory. The Tenant will be responsible for
the insurance of any item introduced into the Property during the currency of the tenancy and, in particular, the Tenant will be responsible for
insuring their own electrical, jewellery and other valuables. The Tenant will also be responsible for maintaining occupier’s liability insurance
during the currency of the tenancy.
3.4 DATA PROTECTION
Landlords and letting agents may share details about the performance of obligations under this agreement by the Landlord and Tenant; past,
present and future known addresses of the parties, with each other, with credit and reference providers for referencing purposes and rental
decisions; with Utility and Water Companies, local authority Council Tax and Housing Benefit departments, Mortgage lenders, to help prevent
dishonesty, for administrative and accounting purposes, or for occasional debt tracing and fraud prevention. Under the Data Protection Act 1988
you are entitled, on payment of a fee which will be no greater than that set by statute, to see a copy of personal information held about you and to
have it amended if it is shown to be incorrect.
3.5 The tenants agree to a set of keys to the property being retained by the Landlords Agent . These keys will not be used without prior
notification by letter or email, giving at least 24 hours notice. It is presumed that permission is granted by the tenant; however the tenant holds
the right to refuse entry at any stage of the request.
INVENTORY
3.6 The inventory supplied by the landlord to the tenants on commencement of the lease must be checked and signed and returned to Town &
Gown within seven working days along with any details of deficiencies - if any are found. In the event of the inventory not being returned inside
the seven days it will be accepted by both parties that the inventory was found to be correct and for the purposes of the tenancy deposit refund
the tenants will not dispute any deductions for missing or damaged items on the inventory.
3.7 The tenants all agree that the first returning member of the tenancy is authorised by all tenants to sign and return the completed inventory.
4. Use of the Property
4.1 Not to assign, or sublet, part with possession of the Property, or let any other person live at the Property
4.2 To use the Property as a single private dwelling and not to use it or any part of it for any other purpose nor to allow anyone else to do so
4.3 Not to receive paying guests or carry on or permit to be carried on any business, trade or profession on or from the Property
4.4 Not to do or permit or suffer to be done in or on the Property any act or thing which may be a nuisance, damage or annoyance to the Landlord
or to the occupiers of the neighbouring premises, or which may void any insurance of the Property or cause the premiums to increase. It should
be noted that this property is non smoking - it is not permissible either for the tenants nor any visitors to smoke whilst in the premises nor in the
grounds of the property. If parties are held the numbers attending are limited to a reasonable number- the agent should be informed of any parties
likely to exceed 10 including the tenants. In the event of Police being called or noise being reported to Police this will be deemed a breach of the
lease and action to end the lease may be taken
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4.5 Not to keep any cats or dogs at the Property and not to keep any other animals, reptiles or birds (or other living creatures that may cause
damage to the Property, or annoyance to the neighbours) on the Property without the Landlord's written consent. Such consent, if granted, to be
revocable, on reasonable grounds by the Landlord
4.6 Not to use the Property for any illegal or immoral purposes
4.7 The Tenant, those living with him/her, and his/her visitors must not harass or act in an antisocial manner to, or pursue a course of antisocial
conduct against any person in the neighbourhood. Such people include residents, visitors, agents and contractors and those in the Tenant’s house.
“Antisocial” means causing or likely to cause alarm, distress, nuisance or annoyance to any person or causing damage to anyone’s property.
Harassment of a person includes causing the person alarm or distress. Conduct includes speech.
A course of conduct means antisocial behaviour on at least two occasions.
In particular, the Tenant, those living with him/her, and his/her visitors must not:
 make excessive noise. This includes, but is not limited to, the use of televisions, hi-fis, radios and musical
instruments and DIY tools;
 allow visitors to the Tenant’s house to be noisy or disruptive;
 use the Tenant’s house or allow it to be used, for illegal or immoral purposes;
 vandalise or damage the Landlord’s property or any part of the common parts or neighbourhood;
 leave rubbish either in unauthorised places or at inappropriate times;
 use or carry offensive weapons;
 use or sell unlawful drugs or sell alcohol.
 store or bring onto the premises any type of firearm or firearm ammunition including any replica
The particular prohibitions on behaviour listed above do not in any way restrict the general responsibilities of the Tenant.
5. Repairs
5.1 HABITABILITY
The Landlord agrees throughout the period of the tenancy to maintain the accommodation in a wind and watertight condition and in all other
respects reasonably fit for human habitation.
5.2 STRUCTURE & EXTERIOR
The Landlord undertakes (together with any other owners of common parts of the building in which the accommodation is situated, if
appropriate) to keep in repair the structure and exterior of the accommodation including the following:

drains, gutters and external pipes;

roof;

outside walls, doors, windowsills, window catches, sash cords, and window frames;

internal walls, floors, ceilings, doors, door frames, internal stair cases and landings;

chimneys, chimney stacks, and flues (including sweeping);

pathways, steps or other means of access;

plaster work;
boundary walls and fences.
5.3 INSTALLATIONS
The Landlord will keep in repair and in proper working order the installations in the accommodation for the supply of water, gas, electricity,
sanitation, space heating and water heating (with the exception of those installed by the Tenant or which the Tenant is entitled to remove)
including the following:
i.
basins, sinks, baths, toilets, and showers;
ii.
gas or electric fires and central heating systems;
iii.
electrical wiring;
iv.
door entry systems;
v.
cookers;
vii.
extractor fans.
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smoke alarms
5.4 DEFECTIVE FIXTURES AND FITTINGS
The Landlord will repair or replace any of the fixtures, fittings or furnishings, supplied by the Landlord in the accommodation, which become
defective through usual wear and tear; and will do so within a reasonable period of time. Nothing contained in this Agreement makes the
Landlord responsible for repairing damage caused wilfully or negligently by the Tenant, anyone living with the Tenant or an invited visitor to the
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property. Should the Landlord be required to carry out the work, the Tenant must pay the cost of the repair. The Tenant hereby agrees to pay the
costs of repair. This paragraph does not apply to damage caused by fair, wear and tear or vandals ( provided that the Tenant has reported the
damage to the Police and to the Landlord as soon as the damage is discovered).
5.5 PAYMENT FOR REPAIRS
The Tenant will be liable for the cost of repairs where the need for them is attributable to his fault or negligence, that of any person residing with
him, or any guest of his. Where the tenant agrees at the time of notification of the damage that they are responsible, the cost of repair or
replacement will be collected from the tenant upon receipt from the organisation called to carry out repair or replacement .
5.6 THE REPAIRING STANDARD
The Landlord must ensure that the accommodation meets the Repairing Standard at the start of the tenancy and at all times during the tenancy.
During the tenancy this duty applies only when the Tenant informs the Landlord of work required or the Landlord becomes aware of it in some
other way (inspection visit).
The Repairing Standard does not cover work for which you, as the Tenant, are responsible due to your duty to use the house in a proper manner;
nor does it cover the repair or maintenance of anything that you are entitled to remove from the house.
If you believe that the landlord has failed to ensure that the house meets the Repairing Standard at all times during the tenancy, you have the
right to apply to the Private Rented Housing Panel (PRHP). The PRHP may reject the application; consider whether the case can be resolved by
us (the Tenant and Landlord) ourselves (for example, by agreeing to mediation); or refer your application to a Private Rented Housing
Committee (PRHC) for consideration. The PRHC has power to require a Landlord to carry out work necessary to meet the Repairing Standard.
5.7 REPAIR TIMETABLE
The Tenant undertakes to immediately notify the Landlord (or any officer, agent or employee specified by the Landlord for that purpose) of the
need for any repair or emergency. The Landlord undertakes to carry out necessary repairs within a reasonable period of time after having been
notified of the need to do so.
5.8 GAS SAFETY
The Landlord must ensure that there is an annual Gas safety check on all pipework and appliances. The check must be carried out by a GAS
SAFE registered installer. The Tenant must be given a copy of the Landlords gas safety certificate. The Landlord must keep certificates for at
least two years.
The Gas Safety (Installation and use) Regulations 1998 places duties on Tenants to report any defects with gas pipework or gas appliances that
they are aware of to the Landlord or letting agent. Tenants are forbidden to use appliances that have been deemed unsafe by a gas contractor.
5.9 Not to damage the Property and Contents or make any alteration or addition to the Property without the written permission of the Landlord
not to be unreasonably refused
5.10 To keep the interior of the Property and the Contents in at least as good and clean condition and repair as they were at the commencement of
the tenancy with fair wear and tear excepted, and to keep the Property reasonably aired and warmed. To take all reasonable precautions to
prevent damage by frost. In the event of leaving the property over the winter period the water system should be drained and shut off at the mains
to avoid burst pipes. If this is not possible then the heating should be left on to supply a constant heat in the property of at least 60 F throughout
the full period the property is empty. (this method will fail should the area suffer a power or gas failure)
5.11 To pay reasonable costs reasonably incurred by the Landlord or his Agent in replacing or repairing any furniture or other contents lost,
damaged or destroyed by the Tenant or, at the option of the Landlord, replace immediately any furniture or effects lost, damaged or destroyed by
the Tenant, and not to remove or permit to be removed any furniture or other contents from the Property
5.12 That the Landlord or any person authorised by the Landlord or his Agent may at reasonable times of the day on giving 24 hours' written
notice this is to include notification by email. (unless in the case of an emergency) enter the Property for the purpose of inspecting its condition
and state of repair. The Tenant shall permit the Property to be viewed on reasonable notice (of at least 24 hours) at all reasonable times during
the final eight weeks of the tenancy
5.13 To keep the gardens (if any) driveways, pathways, lawns, hedges and rockeries as neat, tidy and properly tended as they were at the start of
the tenancy and not remove any trees or plants
5.14 To replace all broken glass in doors and windows damaged during the tenancy howsoever caused.
5.15 Not to alter or change or install any locks on any doors or windows in or about the Property or have any additional keys made for any locks
without the prior written consent of the Landlord, such consent not to be unreasonably withheld and the cost of providing a set of keys for the
landlord or his agent to be met by the Tenant. Locks should be to the same standard as the original, if the tenants should change them.
5.16 To notify the Landlord or his agent within 1 working day. of any disrepair, damage or defect in the Property or of any event which causes
damage to the Property
5.17 Not to affix any notice, sign or poster or other thing to the internal or external surfaces of the property in such a way as to cause damage,
this includes the use of blu tac, white tac and any form of adhesive tape.
5.18 To take all reasonable precautions to prevent damage by frost as instructed by the landlords agent.
5.19 In order to comply with the Gas Safety Regulations, it is necessary:
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a) that the ventilators provided for this purpose in the Property should not be blocked
b) that brown or sooty build up on any gas appliance should be reported immediately to the Landlord or Agent
5.20 Not to cause any blockage to the drains, pipes, sinks or baths
5.21 Not to introduce into the Property any portable heaters fired by liquid or bottled gas fuels. No candles are to be used in the property except
as emergency lighting during a power failure.(a torch is preferable)
5.22 That the Tenant shall be responsible for testing all smoke detectors and carbon monoxide alarms fitted in the Property on a weekly basis and
replace the batteries as necessary. Failure of any alarm must be notified within 24 hours to the Landlords Agent.
6. Other Tenant Responsibilities
6.1 Within seven days of receipt thereof, to send to the Landlord all correspondence addressed to the Landlord or the owner of the Property and
any notice, order or proposal relating to the Property (or any building of which the Property forms part) given made or issued under or by virtue
of any statute, regulation, order, direction or bye-law by any competent authority
6.2 To pay the Landlord fully for any reasonable costs or damage suffered by the Landlord as a consequence of any breach of the agreements on
the part of the Tenant in this Agreement
6.3 Within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord or the Landlord's Agent at
reasonable hours in daytime to enter and view the Property with prospective tenants or purchasers, having first given the Tenant a reasonable
period of notice
6.4 That where the Property is left unoccupied, without prior notice in writing to the Landlord or Agent, for a prolonged period, the Tenant has
failed to pay rent for that period and has shown no intention to return, the Tenant is deemed to have surrendered the tenancy. This means that the
Landlord may take over the Property and re-let it
6.5 To properly secure all locks and bolts to the doors, windows and other openings when leaving the Property unattended and where the
Property is left vacant for more than 14 consecutive days and the rent is paid, to notify the Landlord or his agent and to allow him access to the
Property in order to secure it where necessary
6.6 In the event that at any time during the currency of the tenancy the Tenant becomes entitled to housing benefit or any other benefit to assist
the Tenant in making payment of the said monthly rent, the Tenant undertakes to advise the Landlord immediately in writing, and if requested by
the Landlord to do so, to sign a mandate authorising and instructing the payment of the benefit monies direct to the Landlord.
6.7 Tenants are not to store domestic waste in the property. Correct use should be made of the refuse collection arrangements made by Fife
Council. Tenants are responsible for checking the collection dates, ensuring the waste is put out in the correct containers or bags and that the
bins are returned ( if in use) to the property on the same day.
6.8 No items to be placed on interior wooden window sills
6.9 No Deep fat frying
6.10 The replacement of working lightbulbs are tghe tenant's responsibility
7. End of Tenancy
7.1 To return the Property and Contents at the end of the tenancy in the same clean state or condition as they were at the commencement of the
tenancy
7.2 To leave the Contents at the end of the tenancy in approximately the same places in which they were positioned at the commencement of the
tenancy
7.3 To return the keys of the Property to the Agent on the agreed termination date, or the end of the tenancy (whichever is sooner). The Tenant
also agrees to pay for any reasonable charges incurred by the Agent in securing the Property against re-entry where keys are not returned.
7.4 To pay for any reasonable cleaning services that may be required to reinstate the Property to the same order that it was provided at the
commencement of the tenancy including the washing or cleaning of all linen, bedding, carpets and curtains which shall have been soiled during
the tenancy
8. The Landlord agrees with the Tenant that:
8.1 The Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord or his Agent, however
this does not preclude the Landlord from taking action through the courts should the Tenant fail to pay the rent due or be in breach of the
Tenancy Agreement
8.2 The Landlord will return to the Tenant any rent payable for any period during which the Property may have been rendered uninhabitable by
fire or any other risk, which the Landlord has insured
8.3 It is hereby unconditionally accepted by the Tenant that the Property is let strictly within the conditions of the Housing (Scotland) Act 1988,
chapter 43. By obtaining a court order, the Landlord may re-enter the Property and immediately thereupon the tenancy shall absolutely terminate
without prejudice to the other rights and remedies of the Landlord if the Tenant has not complied with any obligation in this Agreement, or
should the Rent be in arrears by more than fourteen days, whether formally demanded or not
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8.4 The Landlord may end the tenancy by giving not less than two months notice in writing expiring at any time AFTER the full term of this
Agreement. The Tenant may end the tenancy by giving the Landlord not less than 40 days notice in writing expiring at any time AFTER the full
term of this Agreement. It is hereby agreed for the purposes of this contractual tenancy, tacit relocation will not apply
8.5 The Landlord confirms that the gas and electricity supplies, the appliances and the furniture and plenishings within the Property comply with
Gas Safety (Installation & Use) Regulations 1994, the Gas Safety (Management) Regulations 1996, the Furniture and Furnishings (Fire) Safety
Regulations 1988 and the Electrical Equipment (Safety) Regulations 1994.
8.6 In this Agreement unless the context otherwise requires the following expressions shall have the following meanings:
"The Landlord" includes the persons who during the period of the tenancy have a legal interest in the Property
"The Tenant" includes those who might inherit the tenancy. Whenever there is more than one Tenant all covenants and obligations can be
enforced against all of the Tenants jointly and against each individually. This means that any one of the members of a party can be held
responsible for the full rent and other obligations under the Agreement if the other members do not fulfil their obligations
9. The parties agree:
9.1 Notice is hereby given that possession might be recovered under Ground 1, Schedule 5 of the Housing (Scotland) Act 1988, chapter 43, if
applicable. That is, that the Landlord used to live in the Property as his or her main home; or intends to occupy the Property as his or her only or
main home
9.2 In the event of the Tenant contravening any of the conditions of this tenancy or if the rent referred to in this tenancy is not paid within seven
days of the date upon which it falls due (whether formally demanded or not), the Landlord will be entitled to give the Tenant notice terminating
the tenancy and the Tenant hereby binds and obliges themselves to remove from and vacate the Property on the date upon which the notice
expires. The Tenant further undertakes to provide the Landlord with a forwarding address. The Tenant further understands that by signature
hereto that the Landlord shall be entitled to bring this tenancy to an end on any contractual or statutory breach under any of the grounds in
Schedule 5 of the Housing (Scotland) Act 1988, and in particular, and without prejudice to the foregoing generality the Tenant understands that,
in the event of a contractual or statutory breach, the Landlord may proceed to court for the recovery of the Property under the following grounds,
namely:Ground 2
The house is subject to a heritable security granted before the creation of the tenancy and(a)
(b)
as a result of a default by the debtor the creditor is entitled to sell the house and requires it for the purpose of disposing of it
with vacant possession in exercise of that entitlement; and
either notice was given in writing to the Tenant not later than the date of commencement of the tenancy that possession might
be recovered on this Ground or the Sheriff is satisfied that it is reasonable to dispense with the requirement of notice.
Ground 3
The house is let under a tenancy for a specified period not exceeding eight months and(a)
not later than the date of commencement of the tenancy the Landlord (or, where there are joint Landlords, any of them) gave
notice in writing to the Tenant that possession might be recovered under this Ground; and
(b)
the house was, at some time within the period of 12 months ending on that date, occupied under a right to occupy it for a
holiday; and for the purposes of this Ground a tenancy shall be treated as being for a specified period(i)
not exceeding eight months, if it is determinable at the option of the Landlord (other than in the event of an irritancy being
incurred) before the expiration of eight months from the commencement of the period of the tenancy; and
(ii)
exceeding eight months, if it confers on the Tenant an option for renewal of the tenancy for a period which, together with the
original period, exceeds eight months, and it is not determinable as mentioned in paragraph (i) above.
Ground 4
Where the house is let under a tenancy for a specified period not exceeding 12 months and(a)
(b)
(i)
(ii)
not later than the date of commencement of the tenancy the Landlord (or, where there are joint Landlords, any of them) gave
notice in writing to the Tenant that possession might be recovered on this Ground; and
at some time within the period of 12 months ending on that date the house was subject to such a tenancy as is referred to in
paragraph 7(1) of Schedule 4 to this Act; and for the purposes of this Ground a tenancy shall be treated as being for a specified
periodnot exceeding 12 months, if it is determinable at the option of the Landlord (other than in the event of an irritancy being
incurred) before the expiration of 12 months from the commencement of the period of the tenancy; and
exceeding 12 months, if it confers on the Tenant an option for renewal of the tenancy for a period which, together with the
original period, exceeds 12 months, and it is not determinable as mentioned in paragraph (i) above.
Ground 5
The house is held for the purpose of being available for occupation by a minister or a full-time lay missionary of any religious denomination as a
residence from which to perform the duties of his office and-
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(a)
(b)
not later than the beginning of the tenancy the Landlord (or, where there are joint Landlords, any of them) gave notice in
writing to the Tenant that possession might be recovered on this ground; and
the sheriff is satisfied that the house is required for occupation by such a minister or missionary as such a residence.
Ground 6
The Landlord who is seeking possession or, where the immediate Landlord is a registered housing association within the meaning of the [1985 c.
69.] Housing Associations Act 1985, a superior Landlord intends to demolish or reconstruct the whole or a substantial part of the house or to
carry out substantial works on the house or any part thereof or any building of which it forms part and the following conditions are fulfilled (and
in those conditions the Landlord who is intending to carry out the demolition, reconstruction or substantial works is referred to as "the relevant
Landlord" )—
(a)
(i)
(ii)
(a)
(b)
(c)
(b)
(i)
(ii)
(iii)
(iv)
eitherthe relevant Landlord (or, in the case of joint relevant Landlords, any one of them) acquired his interest in the house before the
creation of the tenancy; or
none of the following persons acquired his interest in the house for value—
the relevant Landlord (or, in the case of joint relevant Landlords, any one of them);
the immediate Landlord (or, in the case of joint immediate Landlords, any one of them), where he acquired his interest after the
creation of the tenancy;
any person from whom the relevant Landlord (or any one of joint relevant Landlords) derives title and who acquired his interest
in the house after the creation of the tenancy; and
the relevant Landlord cannot reasonably carry out the intended work without the Tenant giving up possession of the house
becausethe work can otherwise be carried out only if the Tenant accepts a variation in the terms of the tenancy and the Tenant refuses
to do so;
the work can otherwise be carried out only if the Tenant accepts an assured tenancy of part of the house and the Tenant refuses
to do so; or
the work can otherwise be carried out only if the Tenant accepts either a variation in the terms of the tenancy or an assured
tenancy of part of the house or both, and the Tenant refuses to do so; or
the work cannot otherwise be carried out even if the Tenant accepts a variation in the terms of the tenancy or an assured
tenancy of only part of the house or both.
Ground 7
The tenancy has devolved under the will or intestacy of the former Tenant and the proceedings for the recovery of possession are begun not later
than twelve months after the death of the former Tenant or, if the sheriff so directs, after the date on which, in his opinion, the Landlord (or,
where there are joint Landlords, any of them) became aware of the former Tenant's death. For the purposes of this Ground, the acceptance by the
Landlord of rent from a new Tenant after the death of the former Tenant shall not be regarded as creating a new tenancy, unless the Landlord
agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises
which are let or any other term of the tenancy.
Ground 8
Both at the date of the service of the notice under section 19 of this Act relating to the proceedings for possession and at the date of the hearing,
at least three months rent lawfully due from the Tenant is in arrears.
Ground 9
Suitable alternative accommodation is available for the Tenant or will be available for him when the order for possession takes effect.
Ground 10
The following conditions are fulfilled(a)
(b)
(c)
(d)
the Tenant has given a notice to quit which has expired; and
the Tenant has remained in possession of the whole or any part of the house; and
proceedings for the recovery of possession have been begun not more than six months after the expiry of the notice to quit; and
the Tenant is not entitled to possession of the house by virtue of a new tenancy.
Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the Tenant has persistently delayed paying rent,
which has become lawfully due.
Ground 12
Some rent lawfully due from the Tenant-
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tenant initials
(a)
(b)
is unpaid on the date on which the proceedings for possession are begun; and
except where subsection (1)(b) of section 19 of this Act applies, was in arrears at the date of the service of the notice under that
section relating to those proceedings.
Ground 13
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Ground 14
The condition of the house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the Tenant or
any one of joint Tenants or any person residing or lodging with him or any sub-tenant of his; and, in the case of acts of waste by, or the neglect or
default of, a person lodging with a Tenant or a sub-tenant of his, the Tenant has not, before the making of the order in question, taken such steps
as he ought reasonably to have taken for the removal of the lodger or sub-tenant. In this Ground, "the common parts" means any part of a
building containing the house and any other premises, which the Tenant is entitled under the terms of the tenancy to use in common with the
occupiers of other houses.
Ground 15
The Tenant, a person residing or lodging in the house with the Tenant or a person visiting the house has(a) been convicted of(i) using or allowing the house to be used for immoral or illegal purposes; or
(ii) an offence punishable by imprisonment committed in, or in the locality of, the house; or
(b) acted in an antisocial manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or
(c) pursued a course of antisocial conduct in relation to such a person as is mentioned in head (b) above.
In this Ground "antisocial", in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance,
"conduct" includes speech and a course of conduct must involve conduct on at least two occasions and "Tenant" includes any one of joint
Tenants."
Ground 16
The condition of any furniture provided for use under the tenancy has deteriorated owing to ill-treatment by the Tenant or any other person
residing or lodging with him in the house and, in the case of ill-treatment by a person lodging with the Tenant or by a sub-tenant of his, the
Tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
Ground 17
The house was let to the Tenant in consequence of his employment by the Landlord seeking possession or a previous Landlord under the tenancy
and the Tenant has ceased to be in that employment.
Grounds 1-8 set out above are mandatory grounds: that is, if they are established the Sheriff must grant an order for possession.
Grounds 9-17 set out above are discretionary grounds, that is even if they are established, the Sheriff will grant an order for possession only if
he believes it is reasonable to do so.
9.3 In the event of the charges referred to in Clause 3.2 hereof not being paid within seven days of the date on which the accounts in respect
thereof are rendered to the Tenant, the Landlord will be entitled to request the appropriate Authority/Utility Company to disconnect the supply or
service concerned. Notwithstanding disconnection, the Tenant will remain liable for said charges and the Tenant will also be liable to pay any
reconnection charges to the appropriate Authority/Utility Company.
9.4 The Landlord will not be liable to the Tenant for any loss, injury or damage of whatever kind which the Tenant sustains from any defect or
deficiency in any part of the Property and the Tenant will be held to have satisfied themselves as to the condition of the Property and Contents
and by the Tenant’s signature hereto the Tenant hereby renounces any claims against the Landlord in connection therewith, provided, however,
that the Landlord shall take reasonable precautions on the receipt of written notice from the Tenant to prevent such loss, injury or damage.
9.5 The Tenant agrees that a certificate by the Landlord shall be sufficient to ascertain and constitute the amount or amounts due to the Landlord
at the date of the certificate in respect of rent, gas, electricity, telephone or other charges or in respect of recompense for any damage caused to
the Property, the heritable fixtures and fitting therein or the Contents as specified in the Inventory.
9.6 The parties to this Agreement hereby declare that in terms of Regulation 8(3) of the Consumer Protection (Distance Selling) Regulations
2000, the right to cancel this tenancy agreement afforded to the Tenant by the above Regulations does not apply and accordingly there is no right
on the part of the Tenant to cancel this tenancy agreement once the tenancy agreement has been signed by both parties and the Tenant has taken
occupation of the Property.
9.7 Before the Landlord can end this tenancy, he shall serve any notice(s) on the Tenant in accordance with the provisions of the Housing
(Scotland) Act, 1988. Such notice(s) shall be sufficiently served if sent by registered or recorded delivery post to the Tenant at the Property, or
the last known address of the Tenant, or left addressed to the Tenant at the Property
10. The parties hereto consent to registration of this Agreement for preservation and execution
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tenant initials
11. This Agreement is subject to the Law of Scotland. The parties hereby prorogate the jurisdiction of the Scottish Courts
12. The Property is let together with the special conditions (if any) listed in the First Schedule attached hereto
THE FIRST SCHEDULE (attach a separate sheet if necessary)
Special conditions:
1 ) Attic if any - this is totally excluded from subjects of let and must not be entered or used for any purpose without prior consent, save only in
events of emergency.
2 ) Dishwasher if supplied -- at all times filters must be kept clean and appropriate fluids and cleaning powder used. If any mal function occurs
because of ill use or failure to clean filters and failure use appropriate cleaning materials the tenants will be charged with the cost or rectifying
matters including putting right any damage to the machine that their ill use has caused .
3 ) Clothes washer -- similar comments apply as to the dishwasher.
4 ) Tumble drier-- at all times fluff filter must be kept clean and free of detritious.
5 ) Electric points -- only one appliance to each point no adaptors to be used.
6) No bicycles are to be stored in the property without express permission of the owner
7 ) Leaving of rubbish: on vacating the property the tenants should arrange for all rubbish to be uplifted and all wheelie bins should be emptied
or arrangements to be made for them to be emptied. In the event of this not being made a charge will be made of £10.00 per bag or box of
rubbish to be removed and £10.00 for each wheelie bin to be emptied.
8 ) When this lease contains 3 or more tenants it is deemed the lease of a House in Multiple Occupancy as such with 3 or more tenants
the following conditions will also apply:
a) Each tenant must have in their possession a certificate to confirm that their own electrical equipment has been checked and found
safe by a competent electrician.
b) The first named tenant on this lease is deemed the Fire Officer for the property. They are to ensure that all tenants understand the
fire regulations in the flat. That they have a fire exit route planned for the property and that all the tenants are aware of it and that it is practised
once a month.
c) The tenants are to check one different smoke detector each week and enter the test in the log book provided. Any failures of the
detectors must be reported immediately to the Landlords Agents. After the first monthly inspection should the required weekly checks not be
noted then the agents will attend each week to check the alarms in order to comply with the fire regulations. In this case a charge will be made
against the tenants for £5 for each visit.
d) The telephone line must be connected to supply at the minimum a 999 service. Fife Council deem that mobile phones are not
acceptable for this service.
e) It is not permitted for guests to stay overnight without Town & Gown being notified as this may exceed the number of persons
licensed to use the property.
9)It is understood that no smoking is allowed in the property or its grounds and you undertake to ensure that any guests invited into the property
also refrain from smoking.
10)It is understood by the Tenants that all windows and doors must be locked when not in use or when the property is unoccupied and the keys
for the windows kept remote from the windows themselves and that the front door must be kept locked at all times by use of the Yale cylinderrim
latch and when unoccupied, by use of the Chubb 5 lever mortice deadlock.
11)The rear door must be locked and bolted and the key removed when not using the garden. The tenants understand that the keys to the property
will not be given to any unauthorised person for access or to allow any other person
reside in the property unless the tenants are in
attendance.
12) The tenants confirm that they have read and understood the term and conditions of the application form - they completed when applying for
the property, and in particular their initial entry to the property will only be at the times stated there.
The parties to this Agreement certify that there are no missives of let constituting a tenancy to which this deed gives effect
These presents partly printed, partly hand-written and partly typewritten, on this and ten preceding pages are subscribed below by the parties hereto in accordance
with the Requirements of Writing (Scotland) Act 1995: AS WITNESS the hands of the parties hereto the day and year before written
SIGNED by the TENANT: -
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PRINT FULL NAME
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DATED
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tenant initials
SIGNED by the TENANT: -
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PRINT FULL NAME
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DATED
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SIGNED by the TENANT: -
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PRINT FULL NAME
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DATED
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SIGNED by the TENANT: -
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PRINT FULL NAME
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DATED
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SIGNED by the TENANT: -
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PRINT FULL NAME
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DATED
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SIGNED by the TENANT: -
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PRINT FULL NAME
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DATED
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Signed in the presence of :WITNESS
SIGNATURE:
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PRINT FULL NAME:...Mr Michael Foote
OCCUPATION: Letting Agent
ADDRESS:Town and Gown Property Letting Services,Bell Rock View, Dunino, St Andrews ,KY16 8LY
SIGNED by the LANDLORD/LANDLORD’S AGENT:-
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PRINT FULL NAME
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DATED
Signed in the presence of
WITNESS
SIGNATURE:
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PRINT FULL NAME:.....................................................
OCCUPATION: ………….............................................
ADDRESS:……………………………………………………………………………………………………………
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