Assured Shorthold Tenancy Agreement

(To be used where deposit is registered with The Dispute Service (“TDS”) under
insured scheme)

32 Old Saw Mill Place, Amersham, Buckinghamshire, HP6 6FJ

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 Tenant’s Guidance Notes

Welcome to the Assured Shorthold Tenancy Agreement produced by Gibbs Gillespie and Dutton Gregory Solicitors. It is
an important document as it will govern your relationship both with the landlord of your new property and with letting or
managing agent for the whole of the time that you are actually in residence. As such you should read the document
through carefully and raise any queries with the landlord or letting agent who gave you this Agreement.

At the same time, please be aware that you have the right to seek independent advice if you wish either from your
solicitor or other advice agency.

As well as the Tenancy Agreement, you may be asked to sign the check-in or inventory which will list the landlord’s
fixtures and fittings and the other items which the landlord provides for your use during the Tenancy. You will also be
given copies of the following documents, receipt of which is acknowledged on the final page of the Agreement itself:

How to Rent Guide produced by HM Government

Energy Performance Certificate for your property

A current Gas Safety Certificate for your property – if there is a gas supply

Details of the scheme with which your deposit will be registered including details as to how you will recover your
deposit on your departure

A check list of the key deposit registration information generally described as “Prescribed Information”

If any of these documents are missing when you come to sign your Agreement, please speak with your letting agent as
these documents are just as important as the Tenancy Agreement itself.

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 Contents

Summary and Interpretation

Main Terms of the Agreement
Tenant’s Obligations
Landlord’s Obligations
Mutual Obligations
Signature
Addditional and Special Clauses
Prescribed Information

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 Summary Of Agreement

Landlord(s): Sweta Goel and Naveen Goel

Tenant(s): Kathy Lindsay and Gareth McKnight

Premises: 32 Old Saw Mill Place, Amersham, Buckinghamshire, HP6 6FJ

Rent: £1,000.00 per month

Rent Due Date: 30th

Deposit: £1153.84

Term: 12 Months

Commencement Date: 30th of May 2019

Expiry Date: 29th of May 2020

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Definitions
References to "the Premises" include reference to any part or parts of the Premises and the curtilage of the same
together with the garden, garage and parking space (if applicable); any exclusions will be detailed within the Agreement.

References to “Agreement” or “the Agreement” are to this tenancy agreement.

References to the "Fixtures and Fittings" means all items contained in the Inventory and signed on behalf of the parties
at the commencement of the Agreement or any items replacing them, including reference to any of the fixtures, fittings,
furnishings or effects, floor, ceiling and wall coverings.

References to "the Term" or "the Tenancy" include any extension or continuation of the Agreement or any statutory
periodic tenancy which may arise following the expiry or determination of the period of the Term specified in clause 2.

References in this Agreement to "water charges" include references to sewerage and environmental service charges.

“the Deposit” means any single amount of money paid by the Tenant or a third party to the Landlord or to the Agent
under the Tenancy as security against the performance of the Tenant’s obligations under the Tenancy, the discharge of
any liabilities, any damage to the Premises and/or non-payment of rent during the Tenancy.

“the Deposit Holder” as mentioned in the Prescribed Information pages attached to this Agreement is the person, firm, or
company who holds the Deposit under, and is a member of The Dispute Service (“TDS”); one of the organisations
authorised to register Deposits under the Housing Act 2004.

Where the Deposit is held as “Stakeholder” no deductions can be made from the Deposit without consent, preferably in
writing, from both parties, or from the court, or an adjudication decision from TDS.

“Relevant Persons” mentioned in the Prescribed Information pages attached to this Agreement means any other person
or company paying the Deposit on behalf of the Tenant eg: a local authority, parent, or Guarantor.

The expression "Landlord" shall include anyone lawfully entitled to the Premises upon the termination of the Tenancy.

"The Landlord’s Agent" or “Agent” means Gibbs Gillespie Lettings Amersham of Chalfont Court, 5 Hill Avenue,
Amersham, Buckinghamshire, HP6 5BD.

"Insurable Risks" means fire, storm, tempest and such other perils that are included in the Landlord’s insurance policy if
affected.

"The Check-In Inventory and Schedule of Condition", “Inventory” means the document drawn up prior to the
commencement of the Tenancy by the Landlord, the Landlord’s Agent or an inventory clerk.

"The Tenant" includes anyone to whom the Tenancy has been lawfully transferred.

“Permitted Occupier", if used in the Agreement, includes any person who is licensed by the Landlord to reside at the
Premises and who will be bound by all the terms of this Agreement apart from the payment of rent.

Where the Tenant is more than one person the Tenant's covenants are joint and several. The expression "joint and
several" means that jointly the Tenants are responsible for the payment of all rent and all liabilities falling upon the
Tenants during the Tenancy or any extension of it.

Individually each Tenant is also responsible for payment of all rent and all liabilities falling upon the Tenants as well as
any breach of the Agreement.

Any reference to any Act of Parliament includes a reference to amended or replacement legislation and to subordinate
legislation made under such Acts of Parliament.

“TDS” means The Dispute Service as detailed in the Prescribed Information attached to this Agreement.

“ICE” is an “Independent Case Examiner” of The Dispute Service Limited.

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The masculine gender includes the feminine gender and any reference to the singular includes a reference to the plural
and vice versa.

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 Assured Shorthold Tenancy Agreement
[The Dispute Service Tenancy Deposit Scheme]

THIS AGREEMENT is made the 30th of May 2019

BETWEEN:
Sweta Goel of 131 Sudbury Court Drive, Harrow, Middlesex, HA1 3SS and
Naveen Goel of 131 Sudbury Court Drive, Harrow, Middlesex, HA1 3SS
("The Landlord(s)")
and
Kathy Lindsay of 6 One Tree Place, Station Road, Amersham, Buckinghamshire, HP65DN and
Gareth McKnight of Brook Street Halls, Brook Street, High Wycombe, Buckinghamshire, HP11 2ET
("The Tenant(s)")

IT IS AGREED as follows:-

1 The Landlord lets to the Tenant the residential premises known as: 32 Old Saw Mill Place, Amersham,
Buckinghamshire, HP6 6FJ ("the Premises").
2 The tenancy shall be from and including the 30th May 2019 ("the Commencement Date") to and including 29th
May 2020 thereafter from month to month and until terminated by either party serving a notice on the other in
accordance with this Agreement ("the Expiration Date"), “the Term”.
3 The Tenant shall pay to the Landlord by way of rent the amount of £1,000.00 per month by Bank Standing
Order to:

Account Number: 32396979

Sort Code: 07-01-16
in the name of Mrs Sweta Goel exclusive of Council Tax and exclusive of water charges payable in advance
on the 30th day of each month during the Term the first such payment to be made on the signing of this
Agreement for the period from the Commencement Date until the next rent payment date.
4 This Agreement is intended to create an Assured Shorthold Tenancy as defined by Section 19A of the
Housing Act 1988 as amended and shall take effect subject to the provisions for recovery of possession
provided for by virtue of Section 21 of that Act.
5 Where the tenancy shall include the Landlord's fixtures and fittings ("the Fixtures and Fittings") in the Premises
this includes, amongst other things, all matters specified in the Inventory and Schedule of Condition ("the
Check-In Inventory and Schedule of Condition").

6 Deposit
6.1 The sum of £1153.84 shall be paid by the Tenant to the Landlord/Agent upon the signing of this Agreement by
way of security deposit (“the Deposit”).
6.2 Upon the Tenant vacating the Premises and after deduction of all agreed or authorised deductions, the balance
of the Deposit shall be refunded to the Tenant.
6.2.1 The Deposit will be held by the Agent as Stakeholder. The Agent is a member of The Dispute Service
(“TDS”)
6.3 The Landlord’s Agent will register the Deposit within thirty days of the commencement of the Tenancy or receipt
of the Deposit, whichever is earlier, and give to the Tenant and to any Relevant Person a copy of the Prescribed
Information together with details of the TDS scheme applicable to the registration of the Deposit.
6.4 Any interest earned on the holding of the Deposit will belong to the Agent.
6.5 The Deposit has been taken for the following purposes: -
6.5.1 Any fees or other monies that the Agent is entitled to recover from the Tenant.
6.5.2 Any rent or other money due or payable by the Tenant under the Tenancy of which the Tenant has been
made aware and which remains unpaid after the end of the Tenancy. This will include a fee which any
Agent is entitled to recover from the Tenant.

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 6.5.3 Any damage, or compensation for damage, to the Premises, its fixtures and fittings, or for missing items
for which the Tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the
age and condition of each, and any such item at the commencement of the tenancy, insured risks and
repairs that are the responsibility of the Landlord.
6.5.4 The reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying any major
breach by the Tenant of the Tenant’s obligations under the Agreement, including those relating to the
cleaning of the Premises and its fixtures and fittings, and contents.
6.5.5 Any unpaid accounts for utilities or water charges or environmental services or other similar services or
Council Tax incurred at the Premises for which the Tenant is liable.

6.6 Protection of the Deposit

The Deposit is safeguarded by registration with:

Tenancy Deposit Scheme

The Dispute Service Ltd
1 The Progression Centre
42 Mark Road
Hemel Hempstead
Hertfordshire
HP2 7DW

Phone: 0300 037 1000

Email: [email protected]

6.7 At the end of the tenancy

6.7.1 The Landlord/Agent must tell the Tenant within 10 working days of the end of the Tenancy if they
propose to make any deductions from the Deposit.
6.7.2 If there is no dispute the Landlord/Agent will keep or repay the Deposit, according to the agreed
deductions and the conditions of the Agreement. Payment of the Deposit or any balance of it will be
made within 10* working days of the Landlord and the Tenant agreeing the allocation of the Deposit.
6.7.3 In the event of multiple tenants comprising the Tenant, each of them agrees with the other(s) that any
one of them may consent on behalf of all the others to use alternative dispute resolution through the
Tenancy Deposit Scheme to deal with any dispute about the Deposit at the end of the Tenancy.
6.7.4 If, after 10 working days following notification of a dispute to the Landlord/Agent and reasonable
attempts having been made in that time to resolve any differences of opinion, there remains an
unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit the dispute
will (subject to 6.7.5 below) be submitted to the TDS for adjudication. All parties agree to co-operate with
the adjudication process.
6.7.5 The rights of the Landlord, the Agent and of the Tenant to take legal action through the County Court
remain unaffected by clause 6.7.4 above.
*These time scales can be changed by agreement with the Tenant in individual cases or by the contract used as
standard by the Agent.
6.8 If the amount in dispute is over £5,000 the Landlord and the Tenant agree to submit to formal arbitration through
the engagement of an arbitrator appointed by the ICE although, with the written agreement of both parties, the
ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an
administration fee, to be fixed by the Board of The Dispute Service Ltd from time to time, shared equally between
the Landlord and the Tenant; the liability for any subsequent costs will be dependent upon the award made by
the arbitrator.
6.9 If there is a change of Landlord during the tenancy, the Tenant shall consent to the transfer of the amount of the
Deposit (or the balance of it) to the purchaser or transferee of the Premises at which point the Landlord shall be
released from any further claim or liability in respect of the Deposit or any part of it, recognising that the Deposit
is held and will continue to be held by TDS.

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 6.10 The Landlord shall not be obliged to refund the Deposit or any part of the Deposit on any change in the person or
persons who for the time being comprise "the Tenant".
6.11 Where more than one person is comprised for the time being in the expression "the Tenant” the Deposit may be
repaid to any one Tenant and this repayment shall discharge the Landlord from any further liability in respect of
the amount so repaid.
6.12 Any goods or personal effects belonging to the Tenant or members of the Tenant's household which shall not
have been removed from the Premises within 14 days after the expiry or sooner termination of the Tenancy
created by this Agreement shall be deemed to have been abandoned, provided that the Landlord shall have used
his reasonable endeavours to give written notice of the same to the Tenant. In such circumstances the Landlord
shall be entitled to dispose of such abandoned goods or personal effects as he shall see fit. The Tenant shall in
any event indemnify the Landlord for any costs incurred by the Landlord in connection with the removal, storage
or sale of such items.
6.12.1 The Tenant shall pay by way of damages to the Landlord any additional expenses which the Landlord
shall have reasonably incurred in checking the Inventory and Schedule of Condition if the same could
not reasonably be finalised until any goods or personal effects belonging to the Tenant have been
removed from the Premises.

7 THE TENANT AGREES WITH THE LANDLORD as follows:-

7.1 Rent
7.1.1 To pay the rent according to the terms of this Agreement whether formally demanded or not in
accordance with clause 3 above.
7.1.2 The Tenant shall pay to the Landlord interest at the rate of 4% per annum above Barclays Bank Plc base
rate from time to time on any rent or any other money payable under this Agreement remaining unpaid
for more than 14 days after the day on which it became payable.

7.2 Conditions of Premises, Repair and Cleaning

7.2.1 To keep the interior of the Premises including any Fixtures and Fittings in good repair
and condition throughout the Term (excepting only those installations which the Landlord is liable to
repair under Section 11 of the Landlord and Tenant Act 1985) and also to keep the interior of the
Premises in good decorative order and condition throughout the Term (damage by fire excepted unless
the same shall result from any act or omission on the part of the Tenant or any person residing or
sleeping in or visiting the Premises).
7.2.2 To use the Premises in a tenant-like manner and to take reasonable care of the Premises including any
Fixtures and Fittings and to keep the Premises and any Fixtures and Fittings in a clean and tidy condition
throughout the Term. To deliver up the Premises with vacant possession and the Fixtures and Fittings at
the determination of the Term in the same condition and order as at the commencement of the Term and
in accordance with the Tenant's obligations and to deliver all keys to the Premises to the Landlord.
7.2.3 To make good all damages, breakages, and losses to the Premises and its contents that may occur
during the Term caused by the act or omission of the Tenant or any person who is residing or sleeping in
or visiting the Premises (with the exception of fair wear and tear).
7.2.4 To keep all electric lights in good working order and in particular to replace all fuses, bulbs and
fluorescent tubes as and when necessary. The Tenant must ensure that all light bulbs, fluorescent tubes,
fuses are in place and in working order at the end of the Tenancy.
7.2.5 To replace all broken glass in the Premises promptly with the same quality glass, where the Tenant or
any person who is residing or sleeping in or visiting the Premises causes the breakage.
7.2.6 To notify the Landlord promptly, and preferably in writing, as soon as any repairs and other matters
falling within the Landlord’s obligations to repair the Premises or the Fixtures and Fittings come to the
notice of the Tenant.
7.2.7 Upon the Landlord or the Landlord's Agent giving the Tenant written notice requiring the Tenant to carry
out any repairs or other works for which the Tenant is responsible under this Agreement, to carry out the
same within a reasonable time.
7.2.8 To keep the windows of the Premises clean, both internally and externally.

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 7.2.9 To wash and clean all items that may have become soiled during the Term.
7.2.10 To have all chimneys and flues (if any) thoroughly swept and cleaned as often as necessary and within 1
month prior to the termination of the tenancy.
7.2.11 To take all appropriate precautions to ensure adequate ventilation to the Premises. Where such
condensation may occur, to take care to promptly wipe down and clean surfaces as required from time to
time to stop the build-up of mould growth or damage to the Premises, its fixtures and fittings.
7.2.12 (If applicable) to pay for the emptying of the septic tank or cess pit throughout the Tenancy and at the
end of the Tenancy provided it has been emptied prior to the start of the Tenancy and proof has been
provided by a copy of an invoice from the service provider.
7.2.13 (If applicable) to pay to have the oil tanks filled throughout the Tenancy and at the end of the Tenancy
provided they were all filled prior to the start of the Tenancy and proof has been provided by a copy of an
invoice from the service provider.
7.2.14 (If applicable) to leave the oil tank filled to the same level at the end of the Tenancy as at the
commencement.
7.2.15 (If applicable) to pay to have the oil system and boiler bled if the Tenant allows the oil supply to run out.
7.2.16 To clean and disinfect any and all showerheads in the Premises every 6 months.

7.3 Access and Inspection

7.3.1 To permit the Landlord, or any superior Landlord, or the Landlord's Agent or contractors or those
authorised by the Landlord, upon giving at least 24 hours notice in writing (except in an emergency) to
enter the Premises at all reasonable times for the purpose of inspection and repair, to include inspection
and repair to any adjoining or neighbouring Premises.
7.3.2 To permit the Premises to be viewed during the last 2 months of the Term at all reasonable times upon
previous appointment during normal working hours made by any person who is or is acting on behalf of a
prospective purchaser or tenant of the Premises who is authorised by the Landlord or the Landlord's
Agent to view the Premises and to erect "For Sale" or "To Let" or "Let By" boards at their discretion.
7.3.3 The Tenant acknowledges and agrees that where Gibbs Gillespie’s commitment to the Landlord under
the Management Service, Gibbs Gillespie will request access to carry out a property inspection from 3
months after the start date and 6 monthly thereafter throughout the term of the tenancy. Access will be
required Monday – Friday during the hours of 9am-5pm. The appointment can be carried out without the
tenant present subject to written or verbal consent from the tenant by using a ‘Management set’ of keys.
During the appointment photographs demonstrating the condition of the property may be taken to be
included in the report supplied to the landlord.
7.3.4 To indemnify the Landlord for any loss incurred by the Landlord as a result of the Tenant failing to keep a
previously agreed appointment with any third party at the Premises.

7.4 Insurance
7.4.1 Not to do anything which might cause the Landlord’s policy of insurance on the Premises or on the
Fixtures and Fittings, to become void or voidable or causes the rate of premium on any such policy to be
increased. The Tenant will repay to the Landlord any sums from time to time paid by way of increased
premium and all reasonable expenses incurred by the Landlord in or about any renewal of such policy
rendered necessary by a breach of this provision. The Tenant's belongings within the Premises are his
and are not covered by any insurance policy maintained by the Landlord.
7.4.2 The Tenant will promptly notify the Landlord or the Landlord’s Agent of any defect to the Premises, for
example in the event of loss or damage by fire, theft or other causes (whether or not caused by the act,
default or neglect of the Tenant) of which he becomes aware.
7.4.3 The Tenant is strongly advised to take out insurance with a reputable insurer for the Tenant’s
possessions as such possessions will not be covered by any insurance effected by the Landlord.

7.5 Assignment

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 7.5.1 Not to assign, underlet (or) part with or share the possession of the Premises and not to permit any
persons other than the person named as the Tenant or any other person approved of in writing by the
Landlord to occupy or reside in the Premises without the Landlord‘s written consent, such consent not to
be unreasonably withheld. Not to take in lodgers or paying guests without the Landlord's written consent,
such consent not to be unreasonably withheld.

7.6 Illegal, Immoral Usage

7.6.1 Not to use the Premises for any illegal, immoral or improper use.
7.6.2 Not to use or consume in or about the Premises during the continuance of this tenancy any drugs
mentioned in the Misuse of Drugs Act 1971 or any other controlled substances, the use of which may
from this time on be prohibited or restricted by statute.

7.7 Inflammable Substances and Equipment

7.7.1 Not to keep any dangerous or inflammable goods, materials, or substances in or on the Premises apart
from those required for general household use.

7.8 Nuisance and Noise

7.8.1 Not to use the Premises or allow others to use the Premises in a way which causes a nuisance,
annoyance, or damage to neighbouring, adjoining or adjacent Premises, or to the owners or occupiers of
them. This includes any nuisance caused by noise.

7.9 Utilities
7.9.1 Not to tamper or interfere with or alter or add to the gas, water or electrical installations or meters in or
serving the Premises.
7.9.2 To pay all charges in respect of gas, water and electricity consumed on the Premises or for the supply of
internet services and all charges in respect of any telephone installed on the Premises and the television
licence fee. Charges falling due partly during and partly before or after the Tenancy will be apportioned.
7.9.3 To notify each supplier of gas, electricity, water, telephone and internet services immediately that the
Tenancy has commenced by completing an application for a supply to the Premises in the name of the
Tenant and not in the name of the Landlord.
7.9.4 The Tenant shall not have a key meter installed at the Premises or any other meter which is operational
by the insertion of coins or a pre-paid card or key not without the Landlord’s prior written consent, such
consent not to be unreasonably withheld. If the Tenant changes the supplier of the utilities then he must
provide the name and address of the new supplier to the Landlord or his Agent immediately and ensure
that the account is returned to the original supplier at the termination of the Tenancy. The Tenant will be
responsible and liable for any reasonable transfer and reconnection costs.
7.9.5 In the event of any supply of water, gas, electricity, telephone or internet services to the Premises being
disconnected in consequence of the non-payment by the Tenant of the whole or any part of the charge
relating to the same or as a result of any other act or omission on the part of the Tenant, then the Tenant
shall pay, or be liable to pay, to the Landlord the costs associated with reconnecting or resuming those
services.
7.9.6 Not to change the telephone number at the Premises without the prior written consent of the Landlord,
such consent not to be unreasonably withheld, or to procure the transfer of the telephone number to any
other address.

7.10 Animals and Pets

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 7.10.1 The Tenant agrees not to keep any animals, birds, reptiles or rodents in or on the Premises, nor to allow
his invited guests or visitors to do so. In breach of this clause, the Tenant agrees to be responsible for the
reasonable costs or rectification of any damage caused or for any appropriate de-infestation, cleaning,
fumigation etc, internally or externally including any outside space which forms part of the Property and
grounds. Should any work be required, it is compulsory for the Tenant to instruct a professional cleaning
and/or maintenance Company, at their own cost and provide proof in the form of a receipt or invoice from
the Contractor. If the Tenant fails to instruct and ensure the rectification works are completed prior to the
expiration of the Tenancy. The Landlord or Gibbs Gillespie will obtain costs of repair and instruct the
relevant Contractor. The cost of this will be passed onto the Tenant.

7.11 Usage
7.11.1 To use the Premises for the purpose of a private residence only in the occupation of the Tenant and not
for business purposes.

7.12 Locks
7.12.1 Not to install or change any locks in the Premises and not to procure the cutting of additional keys for the
locks previously installed without the Landlord's prior written consent, such consent not to be
unreasonably withheld.
7.12.2 If, in breach of this Agreement, any additional keys are made the Tenant shall provide these to the
Landlord together with all remaining original keys at the expiration or sooner termination of the Tenancy
and in the event that any keys have been lost, pay to the Landlord any reasonable costs incurred by the
Landlord in replacing the locks to which the lost keys belong.
7.12.3 If any lock is installed or changed in the Premises without the Landlord's prior written consent, then to
remove that lock if required by the Landlord and to make good any resulting damage.
7.12.4 Where due to any act or default by the Tenant it is reasonable for the Landlord to replace or change the
locks in the Premises, the Tenant shall indemnify the Landlord for any reasonable costs that maybe
incurred.

7.13 Fixtures and Fittings

7.13.1 Not to remove any of the Fixtures and Fittings from the Premises to store the same in the loft, basement
or garage (if any) without obtaining the Landlord's prior written consent, such consent not to be
unreasonably withheld, and then to ensure that any such items are stored safely and upon vacating the
Premises, to leave the same in the places in which they were on the Commencement Date.
7.13.2 Not to remove the Fixtures and Fittings as specified in the Inventory and Schedule of Condition or any
part of them or any substitute Fixtures and Fittings from the Premises and not to bring onto the Premises
the Tenant's own equipment or effects without the prior written consent of the Landlord, such consent not
to be unreasonably withheld.

7.14 Alterations and Redecoration

7.14.1 Not to decorate or to make any alterations in or additions to the Premises and not to cut, maim, puncture
or injure any of the walls, partitions or timbers of the Premises without the Landlord's prior written
consent, such consent not to be unreasonably withheld.
7.14.2 Not to permit any waste, spoil or destruction to the Premises.

7.15 Empty Premises

7.15.1 Before leaving the Premises vacant for any continuous period of 28 days or more during the Term, to
provide the Landlord or the Landlord’s Agent with reasonable notice and to take reasonable precautions
to prevent freezing.
7.15.2 To ensure that at all times when the Premises are vacant, all external doors and windows are properly
locked or are otherwise properly secured and that any alarm is activated and that any control number is
not changed without the consent of the Landlord, such consent not to be unreasonably withheld.

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 7.15.3 If the Premises are vacant for a period of over two weeks, the Tenants should allow the water to run from
all outlets in the Premises for one minute before consuming or otherwise using the water.

7.16 Drains
7.16.1 Not to overload, block up or damage any of the drains, pipes, wires, cables or any apparatus or
installation relating to the services serving the Premises.
7.16.2 Not to permit oil, grease or other harmful or corrosive substances to enter any of the sanitary appliances
or drains within the Premises.
7.16.3 To clear any stoppages or blockages when any occur in any of the drains, gutters, downpipes, sinks,
toilets or waste pipes and ventilation ducts which serve the Premises, if they are caused as a result of
the Tenant‘s negligence and/or misuse.

7.17 Affixation of Items

7.17.1 Not to place or exhibit any aerial, satellite dish, notice, advertisement, sign or board on the exterior of the
Premises or in the interior of the same without first obtaining the Landlord's written consent, such
consent not to be unreasonably withheld, and where such consent is granted, to meet all costs of
installation, removal and thereafter make good any resultant damage.
7.17.2 Not to affix any items to the walls of the Premises either internally or externally using glue, nails, picture
hooks or sticky tape without the Landlord's prior written consent, such consent not to be unreasonably
withheld.

7.18 Washing
7.18.1 Not to hang any washing, clothes or other articles outside the Premises or otherwise than in such place
as the Landlord may designate or permit and not to hang or place wet or damp articles of washing upon
any item or room heater.

7.19 Costs and Charges

7.19.1 To protect the Landlord from loss arising from any claim as a consequence of any breach by the Tenant
of any covenant contained in this Agreement.
7.19.2 To indemnify the Landlord in respect of any legal costs and expenses (including VAT) properly incurred
in enforcing this Agreement or any part thereof and which arises from a breach of its terms by the Tenant.
7.19.3 To indemnify the Landlord for any loss incurred by the Landlord or his Agent resulting from the
dishonouring of any cheque issued by the Tenant or by a third party on the Tenant’s behalf or for any
loss arising from the cancellation or non-completion of a standing order payment by the Tenant or the
Tenant’s bankers.

7.20 Refuse
7.20.1 To remove all rubbish from the Premises and to place the same within the dustbin or receptacles
provided and in the case of any dustbins to ensure that all rubbish is placed and kept inside a plastic bin
liner before placing in such dustbin.

7.21 Smoking
7.21.1 Not to smoke or permit any guest or visitor to smoke tobacco or any other substance in the Premises,
without the Landlord’s prior written consent which shall not be unreasonably withheld.

7.22 Garden
7.22.1 To keep the garden in the same character, weed free and in good order and to cut the grass at
reasonable intervals during the growing season.

7.23 Inventory and Check-Out

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 7.23.1 The Tenant shall indemnify the Landlord for any loss arising from the failure of the Tenant to keep a
mutually agreed appointment to complete the check out procedures at the termination or sooner ending
of the tenancy which, for the avoidance of doubt, shall include indemnifying the Landlord for any costs
incurred in arranging a second check-out appointment. If neither the Tenant nor his Agent shall keep the
second appointment any assessment made by the Landlord or the Landlord’s Agent shall be final and
binding on the Tenant. Should the Landlord or his Agent fail to attend such appointment the Tenant’s
reasonable costs incurred in attending the Premises will be met by the Landlord.

7.24 Notices
7.24.1 To promptly forward to the Landlord or his Agent any notice of a legal nature delivered to the Premises
touching or affecting the Premises, its boundaries or neighbouring properties.

7.25 Headlease
7.25.1 To observe all of the non-financial covenants on the part of the [lessor] as set out in the headlease of the
Premises a copy of which has been provided to the Tenant prior to the date of this tenancy.

7.26 Smoke Alarms

7.26.1 To keep all smoke alarms in good working order and in particular to replace all batteries as and when
necessary and to check the alarms monthly to ensure that they work.
7.26.2 The Tenant shall not burn any solid fuel in the Premises without the prior, written consent of the
Landlord, such consent not to be unreasonably withheld.

7.27 Burglar Alarms

7.27.1 To set the burglar alarm at the Premises (if any) when the Premises are vacant and at night.
7.27.2 To notify the Landlord or the Agent of any new burglar alarm code immediately and to confirm that
notification in writing.
7.27.3 To pay for any call out charge for the burglar alarm if the charge is incurred due to the misuse or
negligence of the Tenant, his family or visitors.

7.28 Immigration Act

7.28.1 If the Tenant has a time limited Right to Rent in the United Kingdom as defined by the Immigration Act
2014, the Tenant shall, upon receipt of any communication touching or concerning their residency status
in the United Kingdom from a relevant government department or body, advise the Landlord or his agent
of such and shall provide to them upon request copies of any such written communication.

8 THE LANDLORD AGREES WITH THE TENANT as follows:-

8.1 Quiet Enjoyment

8.1.1 That the Tenant paying the rent and performing and observing the obligations on the Tenant's part
contained in this Agreement shall peaceably hold and enjoy the Premises during the Term without any
unlawful interruption by the Landlord or any person rightfully claiming under, through or in trust for the
Landlord.

8.2 Insurance
8.2.1 To insure the Premises and the Fixtures and Fittings specified in the Check-In Inventory and Schedule of
Condition to their full value with a reputable insurance company normally covered by a householder's
comprehensive policy.

8.3 Interest and Consents

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 8.3.1 That he is the sole/joint owner of the leasehold or freehold interest in the Premises and that all consents
necessary to enable him to enter this Agreement (whether from superior landlords, mortgagees, insurers
or others) have been obtained.

8.4 Repair
8.4.1 To keep in repair and proper working order all mechanical and electrical items including all washing
machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord
as are included in the Check-In Inventory provided that this Agreement shall not be construed as
requiring the Landlord to carry out any works for which the Tenant is liable by virtue of his duty to use the
Premises and the equipment and effects in a tenant-like manner.

8.5 Safety Regulations

8.5.1 The furniture and equipment within the Premises complies with the Furniture and Furnishings
(Fire)(Safety) Regulations 1988 as amended in 1993.
8.5.2 The gas appliances comply with the Gas Safety (Installation and Use) Regulations 1998 and that a copy
of the Safety Check Certificate will be given to the Tenant at the commencement of the tenancy.
8.5.3 The electrical appliances at the Premises comply with the Electrical Equipment (Safety) Regulations
1994.
8.5.4 The Landlord is responsible for ensuring that the Premises are compliant with The Smoke and Carbon
Monoxide Alarm (England) Regulations 2015 at the start of the Tenancy.

8.6 Legionella
8.6.1 The Landlord is responsible for ensuring that the Premises are compliant with Health and Safety
Executive form ACOP L8 ‘The Control of Legionella Bacteria in Water Systems’ at the start of, and
throughout, the Tenancy. This is done via the Landlord properly undertaking a Legionella risk
assessment and, if necessary, making any required changes to the water system of the Premises.

9 IT IS MUTUALLY AGREED as follows:-

9.1 Any agreement or obligation on the part of the Tenant (howsoever expressed) to do or not to do any particular
act or thing shall also be construed as an obligation on the part of the Tenant not to permit or allow the same act
on the part of any other person(s).

9.2 Rent Review

9.2.1 It is agreed that the rent as defined in this Agreement will be reviewed in an upwards only fashion on the
anniversary of this tenancy and upon each subsequent anniversary in line with the Retail Price Index
(RPI) increases for the previous 12 months and subject to a minimum of 3% and a maximum of 7.5%.
Depending on the Landlords instructions to the agent, the rental increase may be subject to negotiation.

9.3 Repair
9.3.1 Sections 11-16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988) apply to
this Agreement. These require the Landlord to keep in repair the structure and exterior of the Premises
(including drains, gutters, and pipes) and keep in repair and proper working order the installations in the
Premises for the supply of water, gas, electricity, sanitation, and for space and water heating. The
Landlord will not accept responsibility for charges incurred by the Tenant that are the Landlord’s
responsibility, except in the case of an emergency.
9.3.2 The Landlord shall take all reasonable steps to ensure that the Premises shall comply with the Homes
(Fitness for Human Habitation) Act 2018.

9.4 Insurable Risks

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 9.4.1 If the Premises are destroyed or rendered uninhabitable by fire or any other risk against which the
Landlord may have effected insurance, then rent shall cease to be payable until the Premises are
reinstated and rendered habitable unless the insurance monies are irrecoverable in whole or in part by
reason of any act or omission on the part of the Tenant.

9.5 Reimbursement
9.5.1 Where the Landlord is entitled to do anything at the cost or expense of the Tenant, then the Tenant shall
pay the amount incurred to the Landlord promptly when requested or the Landlord may treat this
expense as a deductible sum from the Deposit in accordance with clause 6.4 at the end of the tenancy.

9.6 Data Protection and Confidentiality

9.6.1 For details of how the Landlord and the Landlord’s Agent will use your data, please see the Agent’s
privacy policy which can be found here: https://www.gibbs-gillespie.co.uk/Privacy-Policy.

9.7 Council Tax

9.7.1 The Tenant shall pay the Council Tax in respect of the Premises provided always that in the event of the
Landlord paying such tax, whether under a legal obligation or otherwise, the Tenant shall repay the
same to the Landlord upon demand or a fair and reasonable proportion of it.

9.8 Forfeiture
9.8.1 If at any time the rent or any part of the rent shall remain unpaid for 14 days after becoming payable
(whether formally or legally demanded or not); or if any agreement or obligation on the Tenant's part
shall not be performed or observed; or if the Tenant shall become bankrupt or enter into a Voluntary
Arrangement with his Creditors; or if any of the grounds listed in Schedule 2 of the Housing Act 1988 as
amended by the Housing Act 1996 apply, being
Ground 2, 7A, 8, 10, 11, 12, 13, 14, 15 or 17; then the Landlord may re-enter upon the Premises
provided he has complied with his statutory obligations and has obtained a court order and at that time
the tenancy shall end, but the Landlord retains the right to take action against the Tenant in respect of
any breach of the Tenant's agreements and obligations contained in the tenancy.

9.9 Interruptions to the Tenancy

9.9.1 If the Premises are destroyed or made uninhabitable by fire or any other insured risk, Rent will cease to
be payable until the Premises are reinstated; unless insurance monies are not recoverable because of
any act or omission by the Tenant, his family, friends or visitors; or the insurer pays the costs of re-
housing the Tenant.
9.9.2 If the Premise are not made habitable within one month, either party to this Agreement may terminate
this Agreement by giving immediate written notice to the other party.

9.10 Notices
9.10.1 The Landlord notifies the Tenant pursuant to Sections 47 and 48 of the Landlord and Tenant Act 1987
that the address at which notices (including notices in proceedings) may be served upon the Landlord is
C/O Gibbs Gillespie Lettings Amersham, Chalfont Court, 5 Hill Avenue, Amersham, Buckinghamshire,
HP6 5BD.
9.10.2 The provisions as to the service of notices in Section 196 of the Law of Property Act 1925 apply and any
notices, or documents relating to the deposit protection scheme used in this Agreement, or any other
documents related to this Agreement served on the Tenant shall be sufficiently served if sent by ordinary
first class post to the Tenant at the Premises or the last known address of the Tenant or left addressed
to the Tenant at the Premises. This clause shall apply to any notices or documents authorised or
required to be served under this Agreement or under any Act of Parliament relating to the tenancy.

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 9.10.3 Service shall be deemed valid if sent by email to the following email address provided by the tenant at
the start of the tenancy and which the tenant has confirmed as being their own:
Kathy Lindsay - [email protected]
Gareth McKnight - [email protected]

The Tenant may also serve notice by email to the following email address which the Agent/Landlord has
confirmed as being their own:

[email protected]

Both the Tenant and the Agent/Landlord confirm that there are no limitations to the recipient's agreement
to accept service by such means as set out in Clause 4.2 of Practice Direction 6A of the Civil Procedure
Rules.

If the email is sent on a business day before 16:30pm then it shall be deemed served that day; or in any
other case, the next business day after the day it was sent.
9.10.4 At the end of the initial fixed term as specified in clause 2 hereof, the Term shall continue on a month by
month basis until either party shall serve on the other a written notice to bring the same to an end. Such
notice shall, when served by the Landlord, should expire not less that two months after the same shall
have been served on the Tenant. In the case of a notice served by the Tenant, such notice should expire
no less than one month after service of the same on the Landlord.

9.11 Jurisdiction
9.11.1 This Agreement will be subject to the jurisdiction of the Court in England and Wales.

9.12 Documentation
9.12.1 The Tenant acknowledges receipt of the documents listed in the Tenant’s Guidance Notes attached to
this Agreement.

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Signed by the Landlord/Agent

The terms and conditions of this Agreement include those special or additional clauses (if any) set out in section 10,
overleaf.

Signed by Landlord:

Sweta Goel

Signed by Landlord:

Naveen Goel

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Signed by the Tenant(s)

The terms and conditions of this Agreement include those special or additional clauses (if any) set out in section 10,
overleaf.

Signed by the Tenant(s):

Kathy Lindsay

23rd of May 2019 14:04:23 UTC

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10. Special Terms and Conditions

The following are SPECIAL or ADDITIONAL CLAUSES negotiated between the parties. (Examples might be:
clauses relating to Pets or Animals, Smoking, Break Clauses, permitted occupiers, additional charges etc)

This Tenancy is Fixed Term for 12 Months.

The Landlord has agreed to have the property professionally cleaned, including the carpets, by a third party company
prior to the commencement of the Tenancy at their own cost. It is the Tenant’s responsibility to ensure the property is
cleaned to the same standard prior to vacating at the end of the Tenancy. Therefore the Tenant has agreed to instruct
a third party professional cleaning company to clean the property to the same standard as upon entry. It is the Tenant’s
responsibility to cover the cost of works and provide a receipt(s) as evidence to the Landlord, the Landlord’s Agent or
Inventory Clerk in attendance at the Check-Out for Tenancy end.

The landlord has agreed to fix the broken bathroom tile prior to the start of the tenancy.

As per the Head Lease; rubbish must be placed in the allocated bins for the block.

As per the Head Lease; the garage should only be used for the parking of private vehicles. Repairs in the garage
should be limited to activities that do not disturb/inconvenience others. No flammable materials should be stored.

As per the Head Lease; Tenants are instructed not to change the appearance to outside of building - this includes no
hanging of washing, not to erect any devices that will project out of the walls e.g. satellite dishes, plant pots,
advertising boards etc. No cuts/drilling should be made to the external walls.

As per the Head Lease; visitors can use the allocated parking spaces noted with a 'V' or 'PV' on a first come basis and
up to 24 hours at a time.

As per the Head lease the Tenant agrees not to keep any animals, birds, reptiles or rodents in or on the Premises, nor
to allow his invited guests or visitors to do so. In breach of this clause, the Tenant agrees to be responsible for the
reasonable costs or rectification of any damage caused or for any appropriate de-infestation, cleaning, fumigation etc,
internally or externally including any outside space which forms part of the Property and grounds. Should any work be
required, it is compulsory for the Tenant to instruct a professional cleaning and/or maintenance Company, at their own
cost and provide proof in the form of a receipt or invoice from the Contractor. If the Tenant fails to instruct and ensure
the rectification works are completed prior to the expiration of the Tenancy. The Landlord or Gibbs Gillespie will obtain
costs of repair and instruct the relevant Contractor. The cost of this will be passed onto the Tenant.

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 PRESCRIBED INFORMATION

Housing Act 2004

A.1 This information is prescribed under the Housing Act 2004. That means that the two parties to the Tenancy
Agreement must be made aware of their rights during and at the end of the Tenancy regarding the protection of and
deductions from the Deposit.

A.1.1 Name of Landlord(s): Sweta Goel, Naveen Goel

A.1.2 Actual address of the Deposit Holder: C/o Gibbs Gillespie Lettings Amersham, Chalfont Court, 5 Hill Avenue,
Amersham, Buckinghamshire, HP6 5BD.
A.1.3 E mail address of the Deposit Holder (if applicable): [email protected]
A.1.4 Telephone number of the Deposit Holder: 01494738000
A.1.5 Fax number (if applicable):

A.1.6 Tenant(s) name: Kathy Lindsay

A.1.7 Address for contact after the tenancy ends (if known): N/A
A.1.8 E mail address for Tenant (if applicable): [email protected]
A.1.9 Mobile/Telephone number: 07454914824
A.1.10 Fax number (if applicable):

A.1.6 Tenant(s) name: Gareth McKnight

A.1.7 Address for contact after the tenancy ends (if known): 76 Upper Newtownards Road, Belfast, County Antrim, BT4
3EN, GB
A.1.8 E mail address for Tenant (if applicable): [email protected]
A.1.9 Mobile/Telephone number: 07411985936
A.1.10 Fax number (if applicable):

No Relevant Person

A.1.11 Deposit: £1153.84

Deductions may be made from the Deposit according to clause 6.5 of the Tenancy Agreement attached.

A leaflet explaining how the Deposit is protected by the Housing Act 2004 will be provided to the Tenant by the person
holding the Deposit being Gibbs Gillespie Lettings Ltd.

The holder of the Deposit will register the Deposit with and provide other required information to the Tenancy Deposit
Scheme within 30 days of the commencement of the Tenancy or the taking of the Deposit whichever is earlier and
provide proof to the Tenant of compliance. If the holder of the Deposit fails to provide proof within 30 days the Tenant
should take independent legal advice from a solicitor, Citizens Advice Bureau (CAB) or other housing advisory service.

The procedure for instigating a dispute regarding deductions from the Deposit at the end of the Tenancy are explained in
clauses A2.1 to A2.13 shown below. No deductions can be made from the Deposit without written consent from both
parties to the Tenancy Agreement.

Procedure for Dispute at the End of the Tenancy

A.2.1 When the Landlord and Tenant agree how the deposit should be returned, in full or in part, it must be paid
back within 10 working days. Failure to return the Deposit within the specified period will be grounds for the
Tenant to refer the matter directly to the Independent Case Examiner (“ICE”).
A.2.2 The Landlord /Agent must tell the Tenant within 10 working days of the end of the tenancy, (or as specified in
the tenancy Agreement) if they propose to make any deductions from the deposit.
A.2.3 The tenants should make their best endeavours to inform the Agent/Member if they wish to raise a dispute
about the deposit within 20 working days* after the lawful end of the tenancy and vacation of the Premises.
The Member/Agent has a maximum of 10 working days* to resolve the dispute

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 A.2.4 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. They may, if they choose,
seek the decision of the Court. However, this may take longer and may incur further costs. Judges may,
because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE
for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the
decision as final and binding.
A.2.5 The Agent, the Landlord or the Tenant can instigate a dispute by completing the Notification of Dispute form
(TDS.2) and submitting it to the ICE. The form can be downloaded from the website www.tds.gb.com or be
obtained directly from The Dispute Service Ltd at the address or telephone number specified in clause 6.6 of
the attached Tenancy Agreement.
A.2.6 If the Landlord/Agent instigates a dispute they must send with the Notification of Dispute to the TDS the full
Deposit, less any amounts already agreed by the parties and repaid. Where one of the parties to the Tenancy
raises the dispute, the Landlord/Agent must send the Deposit or the balance in dispute together with the
relevant evidence being a copy of the Tenancy Agreement, inventory and schedule of condition, any check in
or check out report, correspondence and invoices or estimates within 10 days of being told that a dispute has
been registered with the TDS whether or not the Landlord/Agent or the other party want to contest it. Failure to
do so will not delay the adjudication but the TDS will take appropriate action to recover the Deposit and
discipline the Landlord/Agent.
A.2.7 The sum in dispute must be remitted to The Dispute Service Ltd within 10 days of being requested to do so,
whether or not the parties wish the ICE to resolve the dispute.
A.2.8 The ICE will aim to resolve the dispute within 28 days of receiving the final documentation that is once all the
evidence considered necessary has been gathered or requested and a suitable time period has been allowed
for submission.
A.2.9 The TDS will pay out the money within 10 working days of the decision of the ICE or instruction of the court as
appropriate.
A.2.10 The time-scale specified may be varied at the discretion of the ICE if he considers it necessary to seek legal or
other expert advice, or in exceptional circumstances which affect the ability of either party to the Tenancy
being able to provide information promptly.
A.2.11 The Landlord/Agent and the parties to the Tenancy must co-operate with the ICE in the consideration of the
dispute and follow the recommendations of the ICE concerning the method of resolution of the dispute.
A.2.12 If one party raises a dispute with the TDS the TDS will contact the other party giving a right to reply within 10
days. If the other party fails to reply the TDS will make their adjudication and decision upon the information
already held and find accordingly for the party raising the dispute.
A.2.13 If the Landlord or the Agent are unable to contact the Tenant despite making reasonable efforts to do so, or
the Tenant is unable to contact the Landlord or the Agent despite making reasonable efforts to do so, action
must be taken through the County Court system to get a judgement for the return of or deductions from the
Deposit because the TDS are specifically excluded under the Statutory Instrument from adjudicating under
these circumstances.

The Landlord confirms that the information provided to the Landlord and the Tenant is accurate to the best of his
knowledge and belief and the Tenant has had the opportunity to examine the information.

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Signed by Landlord:

Sweta Goel

Signed by Landlord:

Naveen Goel

The Tenant confirms he has been given the opportunity to examine this information. The Tenant confirms by signing this
document that to the knowledge of the Tenant the information above is accurate to the best of the Landlord's knowledge
and belief.

Signed by the Tenant(s):

Kathy Lindsay

23rd of May 2019 14:04:23 UTC

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 Supporting Documents Checklist

I confirm I have received the following documents:

Department for Communities and Local Government How to Rent guide

These documents are attached to the emails that I have received from Gibbs Gillespie Lettings Amersham in
conjunction with this tenancy application.

Signed by the Tenant(s):

Kathy Lindsay

23rd of May 2019 14:04:23 UTC

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 Appendix. Payment Schedule

Full Tenancy
Rent on Signing £1000.00
30 Jun 2019 £1000.00
30 Jul 2019 £1000.00
30 Aug 2019 £1000.00
30 Sep 2019 £1000.00
30 Oct 2019 £1000.00
30 Nov 2019 £1000.00
30 Dec 2019 £1000.00
30 Jan 2020 £1000.00
29 Feb 2020 £1000.00
30 Mar 2020 £1000.00
30 Apr 2020 £1000.00
Total £12000.00

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Your TDS guide to:

What is the
Tenancy
Deposit
Scheme?
An advisory leaflet for landlords and tenants
TDS Scheme Leaflet. 6th Edition, Revised April 2018
Rebranded 2017 © TDS

There is a printer-friendly version of this leaflet on our website.

This leaflet
deals with the
Insured scheme
only. There
is a separate
leaflet for TDS
Custodial.
01
Contents
What is TDS? 03
What is tenancy deposit protection? 03
What does tenancy deposit protection mean? 04
What are the legal requirements? 05
What if the landlord or agent does not comply? 06
Is my deposit protected? 07
What happens to the deposit after
the landlord or agent receives it? 08
What happens at the end of the tenancy? 08
If there is a dispute, what happens to the deposit? 09
How are disputes resolved? 10
What if the landlord or tenant can’t be
contacted at the end of the tenancy? 11
Is adjudication better than going to court? 12
What can TDS deal with? 13
How much does it cost? 13
Who can join the Tenancy Deposit Scheme? 13
Our guarantee of impartiality 14
Data protection 15

02
 What is TDS?
The Dispute Service Ltd operates two tenancy deposit protection
schemes, authorised by the government: Insured and Custodial.
This leaflet deals with the Insured scheme only. There is a separate
leaflet for TDS Custodial.

TDS has two main roles:

l To protect deposits; l To help resolve disputes about deposits.

What is tenancy
deposit protection?
Tenancy deposit protection applies Most residential tenancies in the
to all deposits for assured shorthold private rented sector are assured
tenancies that started in England or shorthold tenancies, with some
Wales on or after 6 April 2007. exceptions. For example, a tenancy
cannot be an assured shorthold
tenancy if:
By law, a landlord l t he tenant is a company;
or agent who
l the rent is more than £100,000
receives a deposit
a year;
for such a tenancy
must protect l the tenancy is for a holiday let; or
the deposit. l a university or college rents the
accommodation to its students.
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.
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Th ure

03
s
In
 What does tenancy
deposit protection mean?

l  rotecting a tenant’s deposit with a government-authorised scheme such as TDS;

P
l Providing the tenant with prescribed information about where their deposit is
being protected and how it will be managed.

Tenancy deposit protection schemes can be one of two kinds:

Custodial – this is where the scheme itself holds

the deposit during the tenancy.

Insurance backed – this is where the landlord or agent

holds the deposit during the tenancy, but must give it to the
scheme at the end of the tenancy if there is a dispute. The
scheme is insured because this guarantees that the tenants
will always get the money back to which they are entitled.

Each tenancy deposit scheme

has its own rules setting out in
detail how it operates.

The TDS Rules are available

from the TDS website and
on request.

04
What are the
legal requirements?
These are contained in sections 212 to 215 of, and Schedule 10 to, the
Housing Act 2004 (as amended). Tenancy deposit protection applies
to money received by a landlord or agent that is meant to be held as
security in case a tenant does not comply with their obligations.

The landlord or agent must comply with the initial

requirements of an authorised tenancy deposit protection
scheme within 30 days of receiving the deposit.

To protect a deposit with TDS, The landlord or agent must also specify
the landlord or agent needs to: which tenancy agreement clauses say
l belong to the scheme; how the deposit can be used.
l register the deposit on the Tenants must be given the opportunity to:
TDS tenancy database;
l check any document the
l pay a membership subscription landlord provides containing
or deposit protection charge. prescribed information; and
A TDS Member (landlord or agent) l sign it to confirm the information
must also give the tenant ‘prescribed is accurate.
information’. The information is set
out in the Housing (Tenancy Deposits
(Prescribed Information) Order 2007. It
must also be given to anyone who paid
the deposit on the tenant’s behalf.

The prescribed information includes:

l the contact details of the landlord
and tenant
l the rented property’s address
l the deposit amount
al S te .
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to r T a on

l this leaflet.
us fo ep e
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05
s
In
 What if the landlord or
agent does not comply?

A landlord or agent should protect the deposit in an authorised

scheme and provide the tenant (and any sponsor) with the
prescribed information within 30 days of receiving the deposit.

If they don’t do so, then the tenant (or can only serve such a ‘section 21
the person who paid the deposit) can notice’ after the deposit has been
take the landlord or agent to court. The repaid or after any court case about
court can order the landlord or agent the deposit has ended.
to protect the deposit or repay it to
the tenant. The court can also order A landlord who has not given the
the landlord or agent to pay the tenant tenant prescribed information within
compensation of between one and 30 days must not issue a section 21
three times the deposit’s value. notice until the prescribed information
has been given. If this takes place
A landlord who has not correctly more than 30 days after the landlord
protected a deposit cannot serve a or agent received the deposit, the
notice to end the tenancy and regain tenant can still apply to court for
possession of it under section 21 of compensation of between one and
the Housing Act 1988. The landlord three times the deposit’s value.

TDS cannot award compensation

to tenants if a landlord or agent fails
to comply with the law relating to
tenancy deposit protection. This can
only be dealt with by the courts.

06
Is my deposit protected?
Tenants can check if their deposit
is registered with TDS by visiting
www.tenancydepositscheme.com

If tenants have received a Tenancy

Deposit Protection Certificate, they
should enter the code number from that
certificate. Alternatively they can enter
their surname, the deposit amount, the
tenancy postcode, and the date their
tenancy started.

If a member informs TDS that the

protection of a deposit should be
ended, TDS will make reasonable
efforts to inform the tenant before
ending the protection.

If the tenancy has not ended, the

tenant (or one of the joint tenants)
can object to the ending of deposit
protection by phoning the TDS
customer contact center.

If the tenancy has ended and the tenant

is not satisfied with the proposed split
of the deposit, then the tenant can ask
TDS to resolve the dispute within three
months after the end of the tenancy.
al S te .
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to r T a on
us fo ep e
C et a s em
afl s h
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07
s
In
 What happens to the
deposit after the landlord
or agent receives it?
The landlord or the agent will hold the deposit during the tenancy.
The tenancy agreement should state who receives any interest
it makes.

What happens
to the deposit
at the end of
the tenancy?
If there is no dispute about the return of the deposit at the end of the tenancy,
the landlord or agent must pay the deposit to the tenant without delay, less any
deductions that the tenant has agreed.

Who raises a dispute if there is no agreement about the deposit return?

If there is a dispute about the return of the deposit or about proposed
deductions, the parties should try to reach agreement without delay. Most
disputes are resolved informally in this way. But if the deposit has not been
returned to the tenant within 10 days of the tenant asking for it, the Housing Act
2004 allows the tenant to ask TDS to resolve the dispute.

08
If there is a dispute, what
happens to the deposit?
The landlord or agent can take a payment from the deposit if:
l both landlord and tenant have agreed; or
l the court has ordered the deposit to be paid; or
l TDS directs to send the money to TDS.

Once TDS has been asked to resolve a deposit dispute, the

landlord or the agent must send the disputed amount to TDS.
By this time, the landlord or agent should have paid the tenant
any part of the deposit that is not an agreed deduction or
in dispute.

If whoever is holding the deposit does

not send the disputed deposit amount
to TDS, TDS will take legal action to
recover it. This will not delay TDS in
resolving the dispute.

If the deposit holder cannot pay

the disputed amount, for example
because it has become insolvent,
TDS will arrange the adjudication,
pay the tenant the amount awarded
by the adjudicator and make a claim
to its insurers.

The law requires TDS to guarantee

only that the tenant receives the
amount they are entitled to.
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How are disputes resolved?1
The tenant will ask TDS to resolve the dispute by going online at
www.tenancydepositscheme.com and completing a Dispute Application Form
giving details of the dispute.

The deposit holder must then send the disputed amount to TDS. TDS will copy
the dispute details to the agent or landlord who is to respond to the dispute and
give them 10 working days to do so. The agent or landlord will need to confirm
that they want TDS to resolve the dispute, and send in their evidence. After this
the tenant will also be given 10 working days to respond to the agent’s/landlord’s
evidence, and send in any evidence that they also wish the adjudicator to consider.

If all the parties agree to TDS resolving the dispute, TDS will appoint an impartial
adjudicator to make a binding decision, normally within 28 days of receiving the
parties’ consent to resolving the dispute and receiving the evidence they wish to be
considered. If landlords and agents do not reply, they are treated as consenting to
TDS resolving the dispute. In all these cases, the adjudicator will normally make a
decision within 28 days after the deadline for receipt of evidence.

Within a further 10 days or less of the adjudicator’s decision, TDS will pay the
amount due to each party.

The adjudicator’s decision will be based on the evidence sent to TDS – there will
be no hearing or visit to the property.

The adjudicator’s decision is final. There is no right of appeal to TDS or to the

government department in charge of the tenancy deposit protection schemes.

Further details are set out in The Tenancy Deposit Scheme Rules
for the Independent Resolution of Tenancy Deposit Disputes at
www.tenancydepositscheme.com

1 If a Letting Agent or Landlord is using TDS DIRECT only the tenant can raise a dispute. Agents and landlords cannot
raise a dispute if they are using TDS DIRECT. TDS may at its discretion allow an agent or landlord to raise a dispute, where
this has been agreed in advance as part of that agent or landlord’s membership of the scheme. Where this is the case, the
agent/landlord will send in their evidence at the same time as completing a Dispute Application Form giving details of the
dispute. After this the tenant will be given 10 working days to respond to the agent’s/landlord’s evidence, confirm that they
want TDS to resolve the dispute, and send in any evidence that they also wish the adjudicator to consider.

10
What if the landlord or
tenant can’t be contacted
at the end of the tenancy?
TDS cannot resolve a dispute if it cannot contact the parties to get their
consent to TDS being involved. In these circumstances, the deposit holder
must do the following:

 ssess any damage, rent arrears and any other likely deductions from
a

1 the deposit as they would normally do;

s plit the deposit, pay the party who is present the appropriate amount,
2

and transfer the amount due to the absent tenant/landlord to a suitably
chosen ‘Client suspense (bank) account’;

3  ake a formal record of all actions taken, supported by
m
appropriate documentation.

After enough time (usually at least six years) has passed from the last contact
from the absent tenant/landlord, the deposit holder may then donate the absent
party’s share to a suitable registered charity – subject to a binding promise from
the deposit holder that it would immediately pay from its own pocket any valid
claim it later received from the beneficial or legal owner.

If the absent tenant/landlord returns within that time and seeks to dispute the
allocation of the deposit, TDS may offer to adjudicate.

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 Is adjudication better
than going to court?

Deposit disputes need to be resolved quickly and cheaply. Tenants

usually need the money as a deposit on their next property, and
landlords need to know how much will be available to spend on
things like redecoration, damage or repairs.
Going to court takes time and can Sometimes landlords or tenants prefer
be expensive and stressful. to go to court. It might be better
for a landlord to go to court if they
If TDS protects a deposit and the have a big claim that is well above
dispute goes to court, the disputed the deposit. It might be better for a
amount must be sent to TDS. TDS will tenant to go to court if they have a
distribute the deposit once it receives counterclaim – say if they had to pay
a final court order showing what is to for boiler repairs because the heating
happen to the deposit. However if a did not work for several weeks. TDS
tenant or landlord does not take their cannot deal with counterclaims.
dispute to the County Court within 6
months of refusing consent for TDS Where TDS cannot accept a dispute
to resolve the dispute, TDS may at its for adjudication, TDS will notify any
discretion return the disputed deposit other party to the dispute that this
it is holding to the other party who did has happened. The other party to the
not refuse consent. dispute may then choose to go to
court or rely on the agent’s judgment
TDS can only resolve a dispute if the if the agent is holding the deposit.
deposit has been registered with TDS.
If a deposit has not been registered,
the parties will have to go to court if
they cannot agree a settlement.

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What can TDS deal with?
Using the TDS dispute resolution TDS cannot deal with disputes between
service is not compulsory. If either the individual tenants, or between landlords
landlord or tenant does not agree to use and their agents. TDS does not act as
the service, one of them could choose a regulator and cannot order changes
to go to court. in trading practices, close down
businesses, or prosecute landlords or
TDS can only deal with disputes about agents. However, it does try to raise
the deposit itself, and cannot make standards in the private rented sector
awards that are for more than the by educating tenants, landlords and
disputed deposit. If a larger amount is agents about the cause of disputes and
disputed, you may need to go to court. how to avoid them.
TDS cannot deal with counterclaims by
tenants – such as a claim for disrepair. If
you are a tenant and you wish to bring a
counterclaim against your landlord, you
will need to go to court.

How much Who can join

does it cost? the Tenancy
Deposit
TDS is funded by the
membership subscriptions and
deposit protection charges that
letting agents and landlords pay.
All these fees are on the TDS Scheme?
website. TDS makes no charge to
tenants for protecting the deposit. The Tenancy Deposit Scheme
There is no charge to landlords, is open to landlords and letting
tenants or agents for having a agents offering residential property
dispute resolved. for rent. They will be asked to
provide relevant information – as
set out in the TDS Rules – to TDS
before it decides whether they can
be accepted as a member, and
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what their subscription will be.

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 Our guarantee of
impartiality
TDS is overseen by a Board, which is responsible for operating
and financing the business. The Board, and the TDS management,
have no role in resolving disputes and cannot intervene in decisions
about disputes.

The scheme’s Director of Dispute Resolution is responsible for resolving disputes.

The most usual method for resolving a dispute through TDS is to use adjudication
but the scheme may suggest negotiation, mediation or other methods.

Adjudicators work fairly and impartially. All TDS adjudicators belong to the
Chartered Institute of Arbitrators and comply with our Adjudicator Code of
Conduct, which is available on the TDS website.
The adjudicators make decisions without favour,
based on the issues in dispute and the
evidence provided.

TDS publishes breakdowns of

awards in its Annual Reports.
These give an overview of how
awards are split between
tenants, landlords and agents.

You can see the adjudicators’

decision-making guidelines and
some example case studies at
www.tenancydepositscheme.com

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Data protection
TDS will not use landlords’ or tenants’
personal data for any purpose except
to operate the scheme (this includes
compiling statistical data) and
resolve disputes.

From time to time, TDS may invite

landlords or tenants to participate
in surveys. If you do not wish to be
contacted for survey purposes, please
inform TDS by letter or email to the
contact details given in this leaflet.

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 0300 037 1000

www.tenancydepositscheme.com

Tenancy Deposit Scheme

1 The Progression Centre,
42 Mark Road, Hemel Hempstead,
Herts, HP2 7DW

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