Model Agreement for an Assured Shorthold Tenancy (England) of no longer than 3 years

ASSURED SHORTHOLD TENANCY AGREEMENT

This is an agreement for letting a dwelling on a fixed term assured shorthold tenancy under Part 1 of the Housing Act 1988 (as amended).
This document is important.  It sets out the rights and responsibilities of tenants and landlords under the agreement.  You are strongly advised to read it carefully before agreeing to it.  It should be kept for the lifetime of the tenancy as you may need to refer to it in the future.
Disclaimer
This document is being made available free of charge (Airgreements charges for the use of the platform, not the agreement) to anyone wishing to use it, and whilst every care has been taken in its preparation, ultimately only a court can decide on the legal effect and enforceability of contractual terms.  The Government cannot, therefore, guarantee the legal effect of this model agreement and shall not be held responsible for the consequences of the use of, or reliance on, this model agreement, including for any financial loss suffered by any landlord, tenant or other person.  If you are in any doubt as to the implications of using this document, you should seek independent legal advice.

SECTION A: DEFINITIONS AND INTERPRETATION
1    DEFINITIONS AND INTERPRETATION
1.1    The definitions and rules of interpretation in this clause apply in this agreement:
1.1.1    Common Parts: Common Parts means any part of a building containing the Property and any land or premises which the Tenant is entitled under the terms of this Tenancy to use in common with the owners or occupiers of other dwellings (see clause ‎4.4).
1.1.2    Landlord: A reference in this agreement to the Landlord includes a reference to the person who is entitled to the immediate reversion to the Tenancy and anyone who becomes entitled, by law, to receive the rent payable under this Tenancy.
1.1.3    Property: A reference to the Property is to the property (or any part of the property) described in clause ‎4.1.
1.1.4    Tenancy: A reference in this agreement to the Tenancy is to the tenancy created by this agreement.
1.1.5    Tenant: A reference to the Tenant includes a reference to anyone who succeeds to or inherits this tenancy on the death of the Tenant.
1.2    A reference to one gender shall include a reference to the other gender.
1.3    A reference to a statute (e.g. an Act of Parliament such as the Landlord and Tenant Act 1985) or statutory provision (e.g. a section of an Act – for example section 11 of the 1985 Act) is a reference to it as it is in force for the time-being, taking account of any amendment, extension or re-enactment of the law concerned.
1.4    References to clauses are to clauses of this agreement.
SECTION B: MAIN TERMS OF THE AGREEMENT
2    THE PARTIES
2.1    This is an agreement for a fixed term assured shorthold tenancy between: 
2.1.1    name: ;  and 
2.1.2    name: ( together, "the Landlord")
and 
2.1.3    Tenant 1 name: ; 
2.1.4    Tenant 2 name:  
2.1.5    Tenant 3 name: (together, the "Tenant").
2.2    The obligations and liabilities of the parties under this agreement are joint and several.  Joint and several (separate) liability means that where there are two or more Tenants or Landlords under this agreement, all of the named Tenants or Landlords will be ‘jointly and severally liable' for the Tenants' or Landlords' obligations.  That means, for example, that the Landlord can take legal action against any or all of the Tenants for any breach of the agreement by any of them. This means each Tenant is also responsible for their fellow Tenants' share of the rent and other obligations.
3    OTHER OCCUPIERS
3.1    The Landlord agrees that, in addition to the Tenant, the following person(s) (who for the avoidance of doubt are not tenant(s)) may live at the Property:
3.1.1    the Tenant's children or other dependants who are under 18 years of age at the start of the Tenancy; and 
3.1.2    the following adults (if any): 

Referred to in this agreement as "Members of the Tenant's Household". 
3.2    The Tenant must not allow any other adults to live at the property without the written consent of the Landlord, which must not be unreasonably withheld or delayed.  
3.3    The Tenant must ensure that not more than persons live at the Property.
3.4    Any obligation on the Tenant under this agreement to do or not to do anything shall also require the Tenant not to permit or allow any Member of the Tenant's Household or visitor to do or not to do the same thing. 
4    THE PROPERTY AND COMMON PARTS
4.1    Address and description (e.g. 1 bedroom ground floor flat) of the Property:

4.2    The Property is: Fully furnished Part furnished Unfurnished
4.3    The Property includes (tick the box and provide a description if applicable and necessary): 
4.3.1     Private garden: ;
4.3.2     Garage: ;  
4.3.3     Other:

4.4    In addition to the Property, the Tenant shall also have use of the following Common Parts (tick the box and provide a description if applicable and necessary):
4.4.1     Shared access to the Property: ;
4.4.2     Shared garden which is shared with ;
4.4.3     Other shared facilities (describe any other shared facilities): 

4.5    The Landlord must provide the Tenant with such information about the Property, the Property's installations and any services provided to the Property as is reasonably necessary to enable the Tenant to comply with the obligations contained in clauses ‎13 (payment of council tax, utilities and other charges) and ‎15 (care and maintenance of the Property) of this agreement.  
4.6    The Property is is not currently subject to a mortgage.
5    THE TERM AND EXPIRY OF THE FIXED TERM
5.1    The Tenancy created by this agreement begins on and ends on , unless terminated early in accordance with the clauses in section E (landlord's grounds (reasons) for possession during the fixed term) or, where applicable, section F (break clauses for tenancies of two years or longer) of this agreement, or unless terminated early by mutual agreement between the parties.
5.2    If the Tenant continues to live in the Property after the expiry of the fixed term and no further tenancy has been entered into by the parties, then from the expiry of the fixed term the Tenant shall occupy the Property under a statutory periodic tenancy in accordance with section 5(2) of the Housing Act 1988.
6    TERMINATION BY THE LANDLORD AT THE END OF THE FIXED TERM
6.1    If the Landlord wants the Tenant to leave the Property at the end of the Tenancy, the Landlord must:
6.1.1    give the Tenant the correct amount of notice in writing before the end of the fixed term in accordance with section 21 of the Housing Act 1988 (this is known as a “section 21 notice”);  or
6.1.2    seek possession on one or more of the grounds contained in Schedule 2 to the Housing Act 1988 (if any of those grounds apply). 
6.2    If ground 1 of Schedule 2 to the Housing Act 1988 applies in relation to the Property, then the Landlord should complete the notice in Annex 2 of this agreement and give it to the tenant(s) prior to the date on which this agreement is entered into.  
7    THE RENT
Select the appropriate option: 
7.1     OPTION 1: Rent fixed for the whole of the fixed term
The rent is £ per week, which is £ per month (rent should be shown per week and per month) for the fixed term.
7.2     Option for landlord to increase the rent annually up to an agreed percentage
7.2.1    The rent is £ per week, which is £ per month (rent should be shown per week and per month) for the first year of the fixed term.
7.2.2    Subject to compliance with the requirements specified in clause ‎7.2.3 the Landlord may increase the rent on each review date by a maximum of %.
7.2.3    The requirements are that the Landlord must serve a rent review notice on the Tenant not less than 28 days but not more than 90 days before the relevant review date specifying: 
7.2.3.1    the percentage by which the rent will increase on the relevant review date;  and
7.2.3.2    the new rent payable from the relevant review date.
7.2.4    If the Landlord fails to comply with the requirements specified in clause ‎7.2.3 the rent will not change until the next review date.
7.2.5    In clause ‎7.2.2 "review date" means the first anniversary of the start of the Tenancy and each anniversary of that date.
7.3     Option for landlord to increase the rent annually by reference to the Consumer Prices Index
7.3.1    The rent is £ per week, which is £ per month (rent should be shown per week and per month) for the first year of the fixed term.
7.3.2    Subject to compliance with the requirements specified in clause ‎7.3.3 the Landlord may increase the rent on each review date by a maximum of the percentage change in the Consumer Prices Index over the preceding year.  This must be calculated by reference to the last index published before the date on which the Landlord serves the notice under clause ‎7.3.3 and the index published 12 months prior to that.
7.3.3    The requirements are that the Landlord must serve a rent review notice on the Tenant not less than 28 days but not more than 90 days before the relevant review date specifying: 
7.3.3.1    the percentage by which the rent will increase on the relevant review date;  and
7.3.3.2    the new rent payable from the relevant review date.
7.3.4    If the Landlord fails to comply with the requirements specified in clause ‎7.3.3 rent will continue to be payable from the relevant review date until the next review date at the rate payable immediately before the relevant review date.
7.3.5    In clause ‎7.3.2 "review date" means the first anniversary of the start of the Tenancy and each anniversary of that date.
8    COUNCIL TAX, UTILITIES AND OTHER CHARGES FOR SERVICES INCLUDED IN THE RENT
The following charges are included in and payable as part of the rent (tick the boxes which apply):
8.1     Council tax;
8.2     Water and sewerage charges;
8.3     Gas;
8.4     Electricity; 
8.5     Television licence fee;
8.6     Telephone line rental;
8.7     Broadband;
8.8     Other charges included: (please state):

9    PAYMENT OF THE RENT BY THE TENANT
9.1    Rent payment dates
The first payment is to be made on and further payments are to be made on (insert agreed rent payment day e.g. "1st day of each month" or "Monday of each week") beginning on .
9.2    Interest payable on overdue rent
Interest of % (this rate cannot be more than 3%) above the Bank of England's base rate will be payable on any rent which is more than 14 days overdue.  The interest will be payable from the date on which the rent fell due until the date it is paid.
9.3    Method of payment
The rent must be paid by: standing order direct debit cheque cash .  
10    THE INVENTORY AND REPORT OF CONDITION
10.1    If the Landlord, or someone acting on behalf of the Landlord, has prepared an inventory and/or report of condition, it must be attached to this agreement (see Annex 1).
10.2    Unless the Landlord receives written comments on or amendments to the inventory and/or report of condition within 14 days of the start of the Tenancy, the Tenant shall be taken as accepting the inventory and report of condition as a full and accurate record of the condition of the Property and its contents.
10.3    The Landlord must ensure that any comments or amendments received from the Tenant under clause ‎10.2 are attached to the inventory and/or report of condition annexed to this agreement.
11    THE DEPOSIT
11.1    The Tenant has paid a deposit of £ which the landlord has protected will protect in the following Government approved tenancy deposit protection scheme Deposit Protection Service MyDeposits Tenancy Deposit Scheme (https://www.gov.uk/deposit-protection-schemes-and-landlords). 
11.2    The Tenant agrees that the Landlord may make reasonable deductions from the deposit at the end of the Tenancy for the following purposes:
11.2.1    except for fair wear and tear, to make good any damage to the Property, the Common Parts or any of the items listed in the inventory caused by the Tenant's failure to comply with the Tenant's obligations under this agreement;
11.2.2    to replace any items listed in the inventory which are missing from the Property at the end of the Tenancy;
11.2.3    to pay any rent which remains unpaid at the end of the Tenancy;
11.2.4    where the Tenant has failed to comply with clause ‎19.2 of this agreement, to cover the reasonable removal, storage and disposal costs incurred by the Landlord;
11.2.5    where the Tenant has failed to comply with clause ‎19.1 of this agreement, to pay the reasonable cleaning costs incurred by the Landlord to remedy that failure;
11.2.6    where the Tenant has failed to comply with the obligation in clause ‎13.4, to recover any reconnection charge paid by the Landlord;
11.2.7    where the Tenant has made any addition or alteration to the Property or has redecorated the Property without the Landlord's prior written consent (see clause ‎15.2), to cover the reasonable costs incurred by the Landlord in removing or reversing any such addition or alteration or in reinstating the former decorative scheme.
SECTION C: TENANT'S OBLIGATIONS
12    PAYMENT OF RENT
The Tenant must pay the rent in advance, on or before the dates agreed (see clause ‎9.1).
13    PAYMENT OF COUNCIL TAX, UTILITIES AND OTHER CHARGES
13.1    Except where included in the rent (see clause ‎8) the Tenant must pay to the relevant local authority all council tax due in respect of the Property during the Tenancy.
13.2    Except where included in the rent (see clause ‎8) the Tenant must pay to the relevant suppliers all charges in respect of any electricity, gas or water (including sewerage) services used at or supplied to the Property during the Tenancy and pay all charges to the provider for the use of any telephone, satellite, cable or broadband services at the Property during the Tenancy.
13.3    Except where included in the rent (see clause ‎8), the Tenant must pay any television licence fee payable in respect of the Property during the Tenancy.
13.4    Where any service mentioned in clause ‎13.2 has been disconnected as a result of the Tenant's failure to comply with the Tenant's obligation to pay for the service, any reconnection charge will be payable by the Tenant.
14    USE OF THE PROPERTY, PETS AND PROHIBITED CONDUCT
14.1    The Tenant must occupy the Property as the Tenant's only or principal home.
14.2    The Tenant must not use the Property for the purposes of a business, trade or profession except with the prior written consent of the landlord which must not be unreasonably withheld or delayed.  In particular, it will not be unreasonable for the Landlord to withhold consent if there is a reasonable likelihood that the use proposed would:
14.2.1    give rise to a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies; or
14.2.2    cause a nuisance to the occupiers of neighbouring properties or significantly increase wear and tear to the Property.
14.3    The Tenant must not use the Property for any illegal, immoral, disorderly or anti-social purposes.
14.4    The Tenant must not do anything to or on the Property or any Common Parts which may reasonably be considered a nuisance or annoyance to the occupiers of neighbouring properties.
14.5    A Tenant must seek the prior written consent of the Landlord should they wish to keep pets or other animals at the Property.  A Landlord must not unreasonably withhold or delay a written request from a Tenant without considering the request on its own merits.  The Landlord should accept such a request where they are satisfied the Tenant is a responsible pet owner and the pet is of a kind that is suitable in relation to the nature of the premises at which it will be kept.  Consent is deemed to be granted unless the written request is turned down by a Landlord with good reason in writing within 28 days of receiving the request.  A Landlord is prohibited from charging a fee to a Tenant who wishes to keep pets or other animals at the Property.  Permission may be given on the condition that the Tenant pays an additional reasonable amount towards the deposit, but the deposit must not breach the deposit cap requirements under the Tenant Fees Act 2019.
15    CARE, MAINTENANCE AND REDECORATION OF THE PROPERTY
15.1    The Tenant must take reasonable care of the Property, any items listed in the inventory and the Common Parts (if any).  This includes (but is not limited to):
15.1.1    taking reasonable steps to keep the Property adequately ventilated and heated so as to prevent damage from condensation; 
15.1.2    taking reasonable steps to prevent frost damage occurring to any pipes or other installations in the Property, provided the pipes and other installations were adequately insulated at the start of the Tenancy;  and
15.1.3    disposing of all rubbish in an appropriate manner and at the appropriate time.
15.2    The Tenant must not make any addition or alteration to the Property or redecorate the Property (or any part of it) without the Landlord's prior written consent, which must not be unreasonably withheld or delayed.  
15.3    The Tenant must notify the Landlord as soon as reasonably possible about any repairs that are needed to the Property or to any items listed on the inventory for which the Landlord is responsible (see clause ‎22).
15.4    The Tenant will be liable for the reasonable cost of repairs where the need for them is attributable to the Tenant's failure to comply with the obligations set out above in clauses ‎15.1 and ‎15.2 or where the need for repair is attributable to the fault or negligence of the Tenant, any Member of the Tenant's Household or any of the Tenant's visitors. 
15.5    The Tenant shall promptly replace and pay for any broken glass in windows at the Property where the Tenant, any Member of the Tenant's Household or any of the Tenant's visitors cause the breakage.
15.6    The Tenant will be liable for the reasonable cost of replacing keys to the Property, should they be lost or rendered unusable by damage.
16    SECURITY OF THE PROPERTY AND PERIODS OF ABSENCE OF MORE THAN 28 DAYS
16.1    The Tenant must not leave the Property unoccupied for more than 28 consecutive days without giving notice in writing to the Landlord.
16.2    The Tenant must take reasonable steps to ensure that the Property is secure whenever the Property is unoccupied.
17    ACCESS TO THE PROPERTY BY LANDLORD OR AGENT
17.1    Routine Access
Provided the Landlord has given the Tenant at least 24 hours' prior notice in writing, the Tenant must give the Landlord (or any person acting on behalf of the Landlord) access to the Property at reasonable times of day for the following purposes:
17.1.1    to inspect its condition and state of repair;
17.1.2    to carry out the Landlord's repairing obligations and other obligations under this agreement;  and
17.1.3    to carry out any inspections required by law including (but not limited to) gas safety inspections, fire safety inspections and inspections of any smoke or carbon monoxide alarms installed in the Property and to carry out any works, repairs, maintenance or installations (including the installation of any smoke or carbon monoxide alarm) required by law.
17.2    Access for the purposes of selling or re-letting the property
Provided the Landlord has given the Tenant at least 24 hours' prior notice in writing, the Tenant must give the Landlord (or any person acting on behalf of the Landlord) access to the Property at reasonable times of day in the following circumstances for the purposes specified:
17.2.1    where the Tenant has given notice under clause ‎27 (Tenant's rolling 3 month break clause), to show prospective tenants or purchasers, letting agents or estate agents around the Property, but only during the last 3 months of the Tenancy;
17.2.2    where the Landlord has served a notice on the Tenant under clause ‎30 (Landlord's break clause for the purpose of selling the Property) stating his intention to sell the property, to show estate agents or prospective purchasers around the Property;  and
17.2.3    during the last month of the Tenancy, for any of the purposes mentioned in clause ‎17.2.1.
17.3    Access during periods of absence of more than 28 days
The Tenant agrees that if the Property is to be unoccupied for a period of more than 28 consecutive days, the Landlord may have access during that period for the purposes of keeping the Property insured and taking such steps as may reasonably be necessary to mitigate the risk of damage to the Property during that period.
17.4    Emergency access
The Tenant must give the Landlord (or persons acting on the Landlord's behalf) immediate access to the Property in the event of an emergency on the Property.
18    ASSIGNMENT AND SUBLETTING
18.1    Assignment
The Tenant must not assign (i.e. transfer to another person) the Tenancy, either in whole or in part without the consent of the Landlord in writing.  Such consent must not be unreasonably withheld. 
18.2    Subletting of whole Property
18.2.1    The Tenant must not sublet the whole of the Property for the entire duration of the Tenancy.
18.2.2    The Tenant must not sublet the whole of the Property for any period which is less than the entire duration of the Tenancy without the consent of the Landlord in writing.  Such consent must not be unreasonably withheld.
18.3    Subletting of part of the Property
The Tenant can request to sublet part of the Property for either the whole or part of the duration of the Tenancy.  The Tenant must not sublet any part of the Property without the consent of the Landlord in writing.  Such consent must not be unreasonably withheld.
19    MOVING OUT AT THE END OF THE TENANCY
19.1    Except for fair wear and tear, the Tenant must return the Property and any items listed on the inventory to the Landlord in the same condition and state of cleanliness as they were at the start of the Tenancy.
19.2    The Tenant must remove all possessions (including any furniture) belonging to the Tenant or any Member of the Tenant's Household or visitor and all rubbish from the Property at the end of the Tenancy.  If any such possessions are left at the Property after the Tenancy has ended, the Tenant will be responsible for meeting all reasonable removal and storage charges.  The Landlord will remove and store the possessions for one month (other than any perishable items which will be disposed of immediately) and will take reasonable steps to notify the Tenant.  If the items are not collected within one month, the Landlord may dispose of the items and the Tenant will be liable for the reasonable costs of disposal.  The costs of removal, storage and disposal may be deducted from any sale proceeds.
19.3    The Tenant must give vacant possession and return all keys to the Landlord at the end of the Tenancy.
19.4    The Tenant must provide the Landlord with a forwarding address at the end of the Tenancy.
SECTION D: LANDLORD'S OBLIGATIONS
20    TO GIVE THE TENANT POSSESSION AT THE START OF THE TENANCY
The Landlord must give the Tenant possession of the Property at the start of the Tenancy.
21    NOT TO INTERFERE WITH THE TENANT'S RIGHT TO QUIET ENJOYMENT OF THE PROPERTY
The Landlord must not interrupt or interfere with the Tenant's right to quiet enjoyment of the Property.
22    REPAIR AND MAINTENANCE OF THE PROPERTY AND ITEMS LISTED ON THE INVENTORY
22.1    In accordance with section 11 of the Landlord and Tenant Act 1985 (repairing obligations in short leases) the Landlord shall:
22.1.1    keep in repair the structure and exterior of the Property (including drains, external pipes, gutters and external windows);
22.1.2    keep in repair and proper working order the installations in the Property for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity);  and
22.1.3    keep in repair and proper working order the installations in the Property for space heating and heating water.
22.2    In accordance with section 11 of the Landlord and Tenant Act 1985, the Landlord is not required:
22.2.1    to repair anything which the Tenant is liable to repair by virtue of the Tenant's duty to take reasonable care of the Property (see clause ‎15.1);
22.2.2    to rebuild or reinstate the Property in the case of destruction or damage by fire, storm or flood; or
22.2.3    to keep in repair or maintain anything which the Tenant is entitled to remove from the Property.
22.3    The Landlord must keep in repair and proper working order any furniture, fixtures, fittings and appliances which are listed in the inventory, except where the damage or need for repair is a result of the Tenant's failure to comply with the obligations in clause ‎15.1.
23    INSURANCE AND RENT SUSPENSION
23.1    The Landlord must insure the Property against fire, flooding and other risks usually covered by a comprehensive insurance policy and must use all reasonable efforts to arrange for any damage caused by an insured risk to be remedied as soon as possible.  The Tenant is responsible for arranging insurance of the Tenant's own belongings.
23.2    The Landlord must provide the Tenant with a copy of the insurance policy at the request of the Tenant.
23.3    Where the Property is uninhabitable because of damage caused to the Property by an insured risk then, unless the damage was caused by the Tenant's negligence or failure to comply with the Tenant's obligations under this agreement, the Tenant shall not be required to pay rent until the Property is fit for occupation and use.
SECTION E: LANDLORD'S GROUNDS (REASONS) FOR POSSESSION DURING THE FIXED TERM
24    LANDLORD'S STATUTORY GROUNDS (REASONS) FOR POSSESSION DURING THE FIXED TERM
24.1    If any of the grounds (reasons) specified in clause ‎24.2 apply, the Landlord may seek to repossess the Property (sometimes referred to as forfeiture and re entry) during the fixed term by giving the Tenant notice under section 8 of the Housing Act 1988 of his intention to apply to court for possession and, subsequently, applying to the court for a possession order.
24.2    The grounds referred to in clause ‎24.1 are the following grounds which are contained in Schedule 2 to the Housing Act 1988:
24.2.1    Ground 2 (mortgagee (lender) entitled to possession);
24.2.2    Ground 8 (at least 8 weeks' or two months' rent arrears);
24.2.3    Ground 10 (some rent overdue);
24.2.4    Ground 11 (tenant persistently late in paying rent);
24.2.5    Ground 12 (breach of any term(s) of tenancy agreement);
24.2.6    Ground 13 (condition of property or common parts has deteriorated due to acts etc. of tenant or other occupant);
24.2.7    Ground 14 (the tenant or other person residing in or visiting the property is guilty of nuisance / annoyance in the locality or convicted of a criminal offence in relation to the property or committed in the locality);
24.2.8    Ground 15 (condition of furniture provided under the tenancy agreement has deteriorated due to ill-treatment by tenant or other occupant); and
24.2.9    Ground 17 (landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or a person acting on the tenant's behalf).
25    LANDLORD'S GROUNDS (REASONS) FOR POSSESSION WHERE THE TENANCY CEASES TO BE AN ASSURED TENANCY
If the Tenancy ceases to be an assured (shorthold) tenancy, the Landlord reserves the right to end the Tenancy (usually referred to as forfeiture and re-entry) if:
25.1    the rent is unpaid 14 days after becoming payable whether it has been formally demanded or not;
25.2    the Tenant is declared bankrupt; or
25.3    the Tenant breaches any term of this Tenancy.
SECTION F: BREAK CLAUSES FOR TENANCIES OVER TWO YEARS
26    APPLICABILITY OF CLAUSES ‎27 TO ‎30
The break clauses contained in clauses ‎27, ‎28, ‎29 and ‎30 shall only have effect where the fixed term which has been agreed between the Landlord and Tenant (as specified in clause ‎5.1) is for two years or more. Accordingly, clauses ‎27, ‎28, ‎29 and ‎30 shall be of no effect where the term which has been agreed is for less than 2 years.
27    TENANT'S ROLLING 3 MONTH BREAK CLAUSE
27.1    Subject to clause ‎27.2, the Tenant may end this Tenancy before the Tenancy end date specified in clause ‎5.1 by giving the Landlord at least 3 months' notice in writing.
27.2    The Tenant cannot give notice under clause ‎27.1 within the first 3 months of the Tenancy.
28    LANDLORD'S ONE-OFF BREAK CLAUSE AFTER THE FIRST 6 MONTHS OF THE TENANCY
The Landlord may end this Tenancy on the date which is 6 months after the start of the Tenancy by giving the Tenant at least the minimum amount of notice of their intention to seek possession required by section 21 of the Housing Act 1988 in writing. 
29    BREAK CLAUSE WHERE THE LANDLORD IS IN MORTGAGE ARREARS AND A RECEIVER HAS BEEN APPOINTED 
29.1    The Landlord or the Tenant may end this Tenancy before the Tenancy end date specified in clause ‎5.1 in the circumstances specified in clause ‎29.2.  This is subject to compliance by the terminating party with the requirements specified in clause ‎29.3.
29.2    The circumstances are that:
29.2.1    the Property is subject to a mortgage under which the Landlord is the mortgagor (borrower);
29.2.2    the mortgagee (lender) under that mortgage has appointed a receiver in relation to the Property;  and
29.2.3    the receiver has notified the Tenant of his appointment by giving the Tenant a copy of the letter of appointment.
29.3    The requirements are that:
29.3.1    the terminating party must give notice in writing to the other party specifying the termination date (and where the Tenant is the terminating party the notice should be given to both the Landlord and the receiver);
29.3.2    the notice must not be given within the first 4 months of the Tenancy; and
29.3.3    the termination date specified in the notice must be at least two months after the date of service of the notice.
29.4    In this clause "receiver" means a person appointed by the mortgagee (lender) under the terms of the mortgage or pursuant to powers in the Law of Property Act 1925.
30    LANDLORD'S BREAK CLAUSE FOR THE PURPOSE OF SELLING THE PROPERTY
30.1    Where the Landlord intends to sell the Property, the Landlord may end this Tenancy before the Tenancy end date specified in clause ‎5.1 by following these steps:
30.1.1    Step 1: Landlord gives written notice to the Tenant stating his intention to market the Property for sale, but no such notice may be given to the Tenant within the first 2 months of the Tenancy.
30.1.2    Step 2: Not more than 4 months after service of the notice required under Step 1, Landlord gives a break notice to the Tenant which: 
30.1.2.1    specifies the date on which the Tenancy will end which must be at least 2 months from the date of service of the break notice and at least 4 months after the date on which written notice was given under Step 1;  and
30.1.2.2    is accompanied by evidence showing that the Property is genuinely on the market for sale.
30.2    If the Landlord follows the steps set out in clause ‎30.1, the Tenancy will end on the date specified in the break notice.
31    TERMS APPLICABLE WHERE TENANCY ENDS UNDER CLAUSES ‎27, ‎28, ‎29 OR ‎30
31.1    The ending of the Tenancy under clause ‎27, ‎28, ‎29 or ‎30 does not release the Landlord or Tenant from any outstanding obligations or claims.
31.2    Where the Tenancy is brought to an end under clause ‎27, ‎28, ‎29 or ‎30, any rent which has been paid by the Tenant in respect of any period after the Tenancy has ended must, provided the Tenant vacated the Property by the end of the Tenancy, be repaid to the Tenant within 14 days of the date on which the Tenancy ended.
SECTION G: ADDITIONAL TERMS BETWEEN THE LANDLORD AND TENANT
This space should be used to record any additional terms which have been expressly agreed between the parties to this agreement.
The purpose is to record details that might be specific to this tenancy (e.g. upkeep of the garden, the keeping of pets, retention of keys by the landlord) and it should not be used to contradict other clauses of the agreement or to attempt to limit or restrict legal responsibilities (such as the landlord's repairing obligations).
In negotiating any additional terms, landlords should be aware that any such terms must be fair. Terms that are unfair will be unenforceable.
32    ADDITIONAL TERMS






SECTION H: CONTACT DETAILS AND SERVICE OF WRITTEN NOTICES
33    THE LANDLORD'S OR AGENT'S CONTACT DETAILS AND SERVICE OF NOTICES ON THE LANDLORD
33.1    Service of written notices by post or delivery by hand
33.1.1    The Landlord agrees that any notices given under or in connection with this agreement which are required to be given in writing may be served on the Landlord either by being left at the address given below or by being sent to that address by first class post.  Notices shall be taken to be received the day after being left at the property or the day after posting.
33.1.2    The address for service of written notices and other documents on the Landlord is:
33.2    Service of written notices by email
The Landlord does does not (select as appropriate) agree that any notices given under or in connection with this agreement which are required to be given in writing may, alternatively, be sent by email.  Notices sent by email shall be taken to be received the day after being sent.  The Landlord’s agent’s (select as appropriate) email address for these purposes is:  .
33.3    Landlord’s or Agent’s Emergency contact details
The Landlord’s agent’s (select as appropriate) telephone number is .
34    THE TENANT’S CONTACT DETAILS AND SERVICE OF NOTICES ON THE TENANT
34.1    Service of written notices by post or delivery by hand
The Tenant agrees that any notices given under or in connection with this agreement which are required to be given in writing may be served on the Tenant during the Tenancy either by being left at the Property or by being sent to the Tenant at the Property by first class post.  Notices shall be taken to be received the day after being left at the Property or the day after posting.
34.2    Service of written notices by email
34.2.1    The Tenant does does not (select as appropriate) agree that any notices given under or in connection with this agreement which are required to be given in writing may, alternatively, be sent by email (except as set out in clause ‎34.2.2).  Notices sent by email shall be taken to be received the day after being sent.  The Tenant’s email address for these purposes is: .
34.2.2    Any notice given under section 8 (notice of proceedings for possession) or section 21 (recovery of possession on expiry or termination of assured shorthold tenancy) of the Housing Act 1988 must always be given to the Tenant in hard copy in accordance with clause ‎34.1.
34.3    Tenant’s Emergency contact details
The Tenant’s telephone number for use in emergencies is: .

ANNEX 1: INVENTORY AND REPORT OF CONDITION (See clause ‎10)

ANNEX 2: PRIOR NOTICE TO TENANT OF GROUNDS FOR POSSESSION (See clause ‎6.2)

PRIOR NOTICE OF LANDLORD’S GROUNDS FOR POSSESSION
Address: (Insert Landlord’s Address)
Date: (Insert date)
Dear (insert name(s) of tenant(s))

Tenancy of (insert address of property)

You intend to enter into a tenancy with (insert name of landlord) in respect of the above property.  The tenancy will be an assured shorthold tenancy, which means that the landlord can only recover possession of the property (i.e. take the property back from you) on certain grounds.  Some of these grounds require the landlord to give you notice before the tenancy is entered into that the landlord might rely on those grounds in the future.
This letter is to give you notice of those grounds which are as follows:
Ground 1 (this can only be used once any fixed term has come to an end)
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case):
(a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
(b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his, his spouse’s or his civil partner's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.
Ground 2 (this is available to lenders during the fixed term where the landlord has given the tenant notice that possession might be recovered under ground 1 as set out above)
The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and:
(a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and
(b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and
(c) either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice; and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

Next steps

You should read this notice carefully.  If you have any questions about it you should get independent legal advice.

Please then sign and date the notice below and return it to the landlord.
Signed by the tenant(s): ...............................................................................................
Date: (insert date)
Yours sincerely
(insert name of landlord)
(insert date)