House Flat Share Agreement Form

The PROPERTY

 [Enter Address of Property]

The ROOM

means the room at the Property which has been nominated by the Owner and agreed to by the Sharer

The Owner

 [Enter Owner's Name] whose address is the Property above

The SHARER

[Enter Sharer's Name]

The PERIOD

 [Enter Period Length] day(s)/week(s)/month(s) beginning on

EARLY TERMINATION

[Delete if not required.]

Either party may at any time end this Agreement earlier than the end of the Period by giving to the other written notice of [Enter Notice Length]  week(s)/month(s).

The PAYMENT

$[Enter Amount]  per week/month payable in advance on the [Enter Date to be Paid On]  of each week/month

The Deposit

$ [Enter Deposit Amount]

The Inventory

means the list of the Owner’s possessions at the Property which has been signed by the Owner and the Tenant                      

DATED

_______________________

 

SIGNED

_______________________
_______________________
(The Owner)

_______________________
_______________________
(The Sharer)

IMPORTANT NOTICE:
1.        This form of Agreement is for use in those cases where the Room is part of a House or Flat which the Owner occupies as his/her only or principal home so that an assured tenancy is not created.
2.       This form of Agreement does not require either party to give any form of notice to the other at the end of the fixed Period but if either party wishes to end this Agreement early as referred to in the definition of the PERIOD near the middle of this Agreement then the Notice to Terminate may be used.

  THIS HOUSE/FLAT SHARE AGREEMENT comprises the particulars detailed above and the terms and conditions printed overleaf whereby the Property is licensed by the Owner and taken by the Sharer for occupation during the Period upon making the Payment.

House/flat share AGREEMENT - TERMS AND CONDITIONS

1.      This Agreement is personal to the Sharer, is not assignable, and will terminate automatically without any notice if the Sharer ceases to reside at the property or it at any time more than two of the payments are due and unpaid

2.      The Sharer will:
2.1     only in conjunction with the occupation of the Room be allowed to share with the other occupiers of the Property the use and facilities of the common parts of the Property (including such bathroom, toilet, kitchen and sitting room facilities as may be at the Property)
2.2     pay the Payment at the times and in the manner aforesaid
2.3     keep the interior of the Room in a good and clean state and condition and not damage or injure the Property or any part of it
2.4     yield up the Room at the end of the Period in the same clean state and condition it was in at the beginning of the Period
2.5     maintain in the Room and keep in a good and clean condition all of the items listed in the Inventory
2.6     not make any alteration or addition to the Room nor without the Owner’s prior written consent to do any redecoration or painting of the Room
2.7     not do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to the Owner  or any other occupiers of the Property or Sharers or occupiers of adjoining or nearby premises or which may in any way prejudice the insurance of the Property or cause an increase in the premium payable therefor
2.8     not without the Owner’s prior consent allow or keep any pet or any kind of animal at the Property
2.9     not use or occupy the Room in any way whatsoever other than as a private residence
2.10  not to let or purport to let or share any rooms at the property or take in any lodger or paying guest or, without the consent of the Owner (not to be unreasonably withheld) to permit any person to sleep, or stay at the property
2.11   provide the Owner with a forwarding address when the Agreement agreement comes to an end and remove all rubbish and all personal items (including the Sharer’s own furniture and equipment) from the Property before leaving
2.12   pay interest at the rate of 4% above the Base Lending Rate for the time being of the Owner’s bankers upon any payment or other money due from the Sharer under this Agreement which is more than 14 days in arrear in respect of the period from when it become due down to the date of payment
2.13   make a reasonable and proportionate contribution to the cost according to use of all charges in respect of any electric, gas, water and telephonic or televisual services used at or supplied to the Property and Council Tax or any similar tax that might be charged in addition to or replacement of it during the Period

3. The Deposit
3.1     The Deposit will be held by the Owner and will be refunded to the Sharer at the end of the Period (however it ends) but less any reasonable deductions properly made by the Owner to cover any reasonable costs incurred by or losses caused to him by any breaches of the Sharer's obligations under this Agreement. No interest will be payable by the Owner to the Sharer in respect of the deposit money
3.2     The Deposit shall be repaid to the Sharer, at the forwarding address provided to the Owner, as soon as reasonably practicable.  However the Owner shall not be bound to return the Deposit until he is satisfied that no money is repayable to the Local Authority if the Sharer has been in receipt of Housing Benefit and until after he has had a reasonable opportunity to assess the reasonable cost of any repairs required as a result of any breaches of his obligations by the Sharer or other sums properly due to the Owner under clause 3.1 above, save that except in exceptional circumstances the Owner shall not retain the Deposit for more than one month
3.3     If at any time during the Period the Owner needs to use any part of the Deposit to cover any reasonable costs incurred as a result of any breaches of his obligations by the Sharer or other sums properly due to the Owner, the Sharer shall upon demand pay by way of additional Payment to the Owner  any additional payments needed to restore the full amount of the Deposit

4.      The Owner will insure the Property and the items listed on the Inventory and provide a copy of the insurance policy to the Sharer

5.      In the event of damage to or destruction of the Property by any of the risks insured against by the Owner the Sharer shall be relieved from making the Payment to the extent that the Sharer’s use and enjoyment of the Property is thereby prevented and from performance of its obligations as to the state and condition of the Property to the extent of and whilst there prevails any such damage or destruction (except to the extent that the insurance is prejudiced by any act or default of the Sharer)

6.      So long as the reference to a right of early termination in the definition of ‘the PERIOD’ overleaf (the ‘early termination right) has not been deleted then either party may at an time during the period terminate this Agreement by giving to the other prior written notice to that effect, the length of such notice to be that stated in the early termination right, and upon the expiry of said notice this Agreement shall end with no further liability for either party save for any  existing  breach

7.      The Sharer shall not have exclusive possession of the Room and the identity of any other occupiers of the Property shall be in the absolute discretion of the Owner

8.      Where the context so admits:
8.1                 the ‘Owner’ includes the successors in title to the Owner’s interest in the Property
8.2     the ‘Property’ includes all of the Owner’s fixtures and fittings at or upon the Property and all of the items listed in the Inventory and (for the avoidance of doubt) the Room
8.3     the ‘Period’ shall mean the period stated in the particulars overleaf or any shorter or longer period in the event of an earlier termination or an extension or holding over respectively

9.      All references to the singular shall include the plural and vice versa and any obligations or liabilities of more than one person shall be joint and several and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation