Legal - Sample Lease

(PROPERTY ADDRESS)
I
(hereinafter called "the Landlord"), hereby offer to lease to you

(hereinafter called "the Tenant") the above property (hereinafter called "the property") with any contents and furnishings listed in any Inventory thereof signed by us relative hereto on the following conditions:

DURATION, ETC OF LEASE

The Lease will begin on and will end, subject to the other relevant conditions of this lease, on and will continue thereafter on a two monthly basis until terminated by either party giving no less than two months notice in writing to the other party.
The Tenant accepts that the property is furnished and is therefore let on this basis.
If at any time:

The Tenant fails to implement or observe any of the terms hereof; or
any of the circumstances (or Grounds) specified in the Annex to this Lease arise, the Landlord shall be entitled to take the appropriate steps to end the Lease and repossess the property.

RENT AND DEPOSIT

The rent will be £ STERLING per calendar month payable monthly in advance, the first payment will be made on entry and monthly thereafter. Rental periods which exceed 12 months are subject to a minimum 5% annual increase.
If the property is damaged or destroyed by risk against which the premises are insured so as to become 'uninhabitable and the sums insured are not irrecoverable by reason of the negligence or intentional act of the Tenant, payment of the rent shall be suspended until the property is restored to a habitable condition and again available for occupation.
At the date of entry in addition to making payment of the first rent payment, the Tenant will deposit the sum of £ STERLING ("the deposit") with the Landlord or his agents in security of any outstanding sums or accounts due by him at the end of the tenancy or any damage in or to the property, in terms of this Lease. The Landlord or his agent will issue a receipt for the aforementioned deposit to the Tenant. THIS DEPOSIT CANNOT UNDER ANY CIRCUMSTANCES BE USED AS PART PAYMENT OR FINAL PAYMENT OF DUE RENT DURING THE FINAL MONTH OF OCCUPANCY.
The Landlord will be entitled at the expiry or termination of the Lease to use the deposit to meet any outstanding sums or accounts due by the Tenant, the cost of repairing or replacing any of the fittings and fixtures which have been broken, damaged or lost and the expense of making good any failure by the Tenant to fulfil any of the other conditions of this Lease. THE DEPOSIT OR PART OF THE DEPOSIT WILL BE REFUNDED TO THE TENANT AFTER THE TENANT PROVIDES THE LANDLORD WITH EVIDENCE OF ALL OUTSTANDING ACCOUNTS BEING SETTLED OR AS SOON AS PRACTIBALE AFTER THE EXPIRY OR TERMINATION OF THE LEASE.
The rent will be paid to or such other person as the landlord may direct.

PROHIBITIONS OF USE ETC:

The property will be used only as a private residence for the Tenant and such other person or persons as may be approved and accepted in writing as a Tenant by the Landlord or his agents, such other person or persons will be bound by the whole terms and conditions of this Lease and will grant a personal undertaking to pay the rent and all other charges for which the Tenant is responsible under this Lease.
The Tenant shall not assign this Lease in whole or in part nor sub-let or part with possession of the property in whole or in part.
The Tenant will advise the Landlord or his agents who will be living in the accommodation and also of any changes in the household.
The Tenant agrees not to use or allow the accommodation to be used as a base for any business purposes without the written consent of the Landlord or his agents.

INVENTORY

Prior to or at the date of entry an Inventory of the contents and furnishings of the property prepared by the Landlord or his agents may be signed by the Tenant and by the Landlord or his agents and it is agreed that the Inventory is correct. At the end of the Lease the Inventory will be checked and signed by the same parties.

RESPONSIBILITIES OF TENANT

The Tenant accepts the property in its present condition as being in good and habitable condition; will maintain it in that condition and leave it in like condition at the end of the tenancy; will be responsible for any damage (other than fair wear and tear) to, or dilapidation of,, the house or its fixtures and fittings; or damage to, or loss of any moveable item as may be evidenced by said Inventory.
In the case of flatted property, the Tenant undertakes, in conjunction with the other proprietors/occupiers, to sweep and clean the common stairway and hallway.
The Tenant agrees not to use or allow the accommodation to be used for illegal purposes.
The Tenant undertakes to dispose of all rubbish in an appropriate manner and at the appropriate time.
The Tenant will take over the gas, electricity and telephone (if any) services in his own name and will meet the cost (if any) of such take over and return of such services to the Landlord at the end of the Lease. The Tenant will be responsible for payment of all gas, electricity or telephone accounts (if any) incurred by him.

The transfers of the foregoing services will be arranged by the Landlord or his agents.

The tenant will also be responsible for obtaining a television licence for any television receiver used by him within the property.
The Tenant undertakes to keep the property in a clean and tidy condition and properly aired at all times, the garden (if any) pertaining to the property in a neat and tidy order.
The Tenant undertakes to have the windows cleaned.
The Tenant undertakes not to alter, decorate or paint any part of the property without the express consent in writing of either the Landlord or his agents.
The Tenant undertakes not to mark or cut any part of the property.
The tenant undertakes not to stop up or obstruct the waste pipes or drains.

The Tenant undertakes not to keep any animals without the express consent in writing from either the Landlord or his agents. Any domestic pet (where permitted) will be kept under supervision and control to ensure that it does not cause nuisance to neighbours or deterioration in the condition of the common areas or in the vicinity of the property.
The Tenant undertakes not to cause or allow any person occupying or visiting the property to cause noise, nuisance, disturbance or annoyance to neighbours within the vicinity of the property.
The Tenant undertakes not to commit or allow members of his/her household or persons visiting the property to commit any act of violence or any form of harassment on the grounds of race, colour, religion, gender, sexual orientation, disability or age which may interfere with the peace and comfort of, or cause offence to, any other neighbours or members of their household either in their accommodation or in the vicinity of the property.
The Tenant undertakes not to leave the property unoccupied for more than two weeks and on any occasion when it is unoccupied to take all reasonable precautions to safeguard it and the contents, including turning off the water at the main and draining the tank and pipes. If the property is to be unoccupied for more than 14 days the Landlord or his agents must be informed.
The Tenant undertakes to give the Landlord or his agents IMMEDIATE NOTICE of any damage to the property and/or its contents.
The Tenant undertakes to pay the whole cost of repairing, replacing or redecorating any part of the property or its contents and furnishings which is required as a result of damage caused through neglect, carelessness or wilful damage on the part of the Tenant or any member of the Tenant's household or a visitor.
The Tenant undertakes to permit prospective purchasers at any reasonable time and prospective Tenants at any reasonable time during the last month of the let, to inspect the property, in both cases after reasonable notice has been given to the Tenant.
The Tenant undertakes to permit the Landlord or his agents with or without workmen and others and with all necessary appliances at all reasonable times to enter upon and examine the condition of the property and the said contents and furnishings and to execute repairs or redecoration to the same, in all cases after reasonable notice in writing has been given to the Tenant.
The Tenant undertakes to immediately report to the Landlord or his agents any defect or disrepair for which the Landlord is responsible and shall ensure that access is provided to
The Tenant will be responsible for payment of the Council Tax.

RESPONSIBILITIES OF LANDLORD The Landlord undertakes:

To pay all premiums for insurance of the building and contents belonging to him. The Landlord will have no responsibility for damage to or insurance of any furnishings, personal effects and contents brought into the property by the Tenant who will be responsible for insuring the same.
To maintain the building in a wind and watertight condition.
To keep in repair the structure and exterior of the house (in conjunction with other owners if appropriate) and keep it fit for human habitation including the following where appropriate:

Drains, gutters and external pipes (this does not include the clearance of blockages caused by the tenant's negligence).
The roof.
Outside walls, outside doors, windowsills, window catches, sash cords and window frames, including external painting and decoration.
Internal walls, floors and ceilings, doors, door frames, and internal staircases and landings (including painting and decoration).
Chimneys, chimneystacks and flues.
Pathways, steps or other means of access.
Plasterwork.
Integral garages and stores.
Boundary walls and fences.
Making good damage caused by acts of vandalism/criminal activity by a person or persons other than a tenant, any member of his/her household or a tenant's visitor(s) provided they have been notified to the police within 24 hours of occurring, or as soon as is reasonably practicable, by the tenant or by someone acting on the tenants behalf.

To keep in repair and proper working order any installations for the supply of water, gas, electricity, sanitation, space heating and water heating in compliance with current safety legislation including the following where appropriate:

Basins, sinks, baths, toilets, flushing systems and waste pipes, showers, water tanks.
Electric wiring, fireplaces, fittings, fires and central heating installations, door entry systems, TV aerials and extractor fans.
To follow due legal process when seeking to terminate the tenancy and recover possession of the property.
To provide the Tenant with a copy of a valid gas safety certificate (if appropriate) which can be retained by the Tenant.
Except in cases of emergencies, to give the Tenant a minimum of 24 hours notice in writing that the Landlord or his agents wish to inspect the property.

In the event that the Landlord or his agents is informed or becomes aware of any emergency and the Tenant is unable to provide access to the property immediately, it is agreed the Landlord or his agents may gain access to the property using forcible means if necessary.

The Landlord also undertakes, where appropriate, to maintain fire safety precautions and installations and exterior routes.

SPECIAL CONDITIONS RELATING TO RECOVERY OF POSSESSION

Notice is hereby given that the Landlord or his agents may seek to recover possession using one or more of the grounds specified in Schedule 5 to the Housing (Scotland) Act 1988, which are summarised in the Annex to this Lease.
Notice is hereby given that the Landlord or his agents may seek to recover possession using one or more of the following grounds, specified in Schedule 5 of the Housing (Scotland) Act 1988:

At least three months rent is in arrears, both on the date on which the Notice of Proceedings was served and at the date of the Court hearing.
The Tenant has persistently delayed in paying rent.
Some rent is unpaid at the start of Court proceedings and at the time of serving the Notice of Proceedings.
Any obligation of the tenancy (other than the obligation to pay rent) has been broken by the Tenant.
The Tenant or anyone living with him has allowed or caused damage to the
house or common parts of the building in which the house is situated.
The Tenant or anyone living with him has caused a nuisance or annoyance to
neighbours or has been convicted of immoral or illegal use of the premises.
The Tenant has damaged the furniture or allowed it to become damaged.

Notice is hereby given by the attached Form AT5, that the tenancy created by this Lease is a Short Assured Tenancy in terms of Section 32 of the Housing (Scotland) Act 1988. The Tenant by his acceptance hereof acknowledges that notice in terms of the said Act has been given to him prior to his entering into this Lease.
Notice is also hereby given that if the Landlord is letting his home and intends to return to live there again he can recover possession of the property at the termination of this let under Ground I of Part I of Schedule 5 to the Housing (Scotland) Act 1988. The Tenant, by his acceptance hereof, acknowledges such notice to be duly given to him for the purposes of the said Act prior to his entering into this Lease.
Notice is also hereby given that the property is let subject to Ground 2 of Part1 Schedule 5 to the Housing (Scotland) Act 1988 (see Annex) and that recovery of possession can therefore be sought should the circumstances specified in the said Ground 2 arise.

The Tenant, by his acceptance hereof, acknowledges such notice to be duly given to him for the purpose of the said Act prior to his entering into this Lease.

INTERPRETATION

Declaring for the purposes of this Lease that words importing the masculine gender shall include the feminine; words importing the singular shall include the plural. and where there are two or more persons included in the expression "the Tenant" the obligations and conditions incumbent upon and expressed to be made by "the Tenant", including payment of the rent, shall be held to bind all such persons jointly and severally.

IN SIGNING THIS LEASE THE TENANT CONFIRMS:

that he has made a full and true disclosure of all information sought by the Landlord or his agents and
that he has not knowingly or carelessly made any false or misleading statement to the Landlord or his agents in connection with this Lease.

REGISTRATION

The parties consent to registration of these presents for execution as well as for preservation. IN WITNESS THEREOF these presents typewritten on this and the preceding six pages are (together with any Inventory hereto) executed as follows:

Tenant Signature 1	Witness Signature
Tenant Full Name (Block Capitals)	Witness Full Name (Block Capitals)
Tenant Address	Witness Address
Date:	Date:
Tenant Signature 2	Witness Signature
Tenant Full Name (Block Capitals)	Witness Full Name (Block Capitals)
Tenant Address	Witness Address
Date:	Date:
Tenant Signature 3	Witness Signature
Tenant Full Name (Block Capitals)	Witness Full Name (Block Capitals)
Tenant Address	Witness Address
Date:	Date:
Landlord Signature	Witness Signature
Landlord Full Name (Block Capitals	Witness Full Name (Block Capitals)
Landlord Address	Witness Address
Date:	Date:

HOUSING (SCOTLAND) ACT 1988: SECTION 18 (6) AND SCHEDULE 5 PARTS I AND II
CONDITION 1(C) OF LEASE
Grounds 1-8 set out in Part 1 below are mandatory grounds: that is, if they are established the Sheriff must grant an order for possession.
Grounds 9-17 set out in Part II below are discretionary grounds, that is even if they are established, the Sheriff will grant an order for possession only if he believes it is reasonable to do so.

Part 1

Ground 1:	The Landlord requires the property for himself or his spouse for use as the principal home of one or both of them.
Ground 2:	The house is subject to a heritable security (a mortgage) and the lender is entitled to sell the house because of the Landlord's failure to keep to the condition of the loan.
Ground 3:	The house is let under a tenancy for a specified period not exceeding eight monthsoff season holiday let.
Ground 4:	The tenancy is provided by a specified educational institution and is let during vacation time of a property normally let to students.
Ground 5:	The house is held for the purpose of being available for occupation by a minister or a full-time lay missionary.
Ground 6:	The Landlord intends to demolish or reconstruct or carry out substantial works to all or part of the house.
Ground 7:	The tenancy has devolved under the will or intestacy of the former Tenant.
Ground 8:	At least three months' rent is in arrears both on the date on which the Notice of Proceedings was served and at the date of the Court hearing.
Part II
Ground 9:	Suitable alternative accommodation is available for the Tenant or will be available for him when the order for possession takes effect.
Ground 10:	The Tenant continues to occupy the premises having given notice to quit to the Landlord.

Ground 11:	The Tenant has persistently delayed paying rent.
Ground 12:	Some rent is unpaid at the start of Court proceedings and at the time of serving the Notice of Proceedings.
Ground 13:	Any obligation of the tenancy (other than the obligation to pay rent) has been broken by the Tenant.
Ground 14:	The Tenant or anyone living with him has allowed or caused damage to the house or common parts of the building in which the house is situated.
Ground 15:	The Tenant or anyone living with him has caused a nuisance or annoyance to neighbours or has been convicted of immoral or illegal use of the premises.
Ground 16:	The Tenant has damaged the furniture or allowed it to become damaged.
Ground 17:	The house is let to the Tenant in consequence of his employment by the Landlord and the employment has now ceased.