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ASSURED SHORTHOLD
TENANCY AGREEMENT
This Agreement is dated
PARTIES
1) OpenArch Towerview Ltd The Grange, Market Street, Swavesey, (Landlord)
Cambridge, CB24 4QG
[email protected]

2) Wilberforce Rotich & Lucy 20 Lawrence Way, CB4 2PR (Tenant)

Jeptoo
[email protected]

3) Henry Makuyana Flat 10, Beech Close, Fordham, CB7 6AP (Guarantor)
[email protected]

This agreement contains the terms and obligations of the tenancy. It sets out the promises made
by the Landlord to the Tenant and by the Tenant and Guarantor to the Landlord. Once the
agreement has been signed by both parties and then dated these promises will be legally binding.
You should read it carefully to ensure it contains everything you want and nothing that you are not
prepared to agree to. Whilst we have tried to use plain English it inevitably contains some legal
terms or references.

If any party does not understand this agreement, or anything in it, it is

strongly suggested that you seek clarification prior to signing it. You might
consider consulting a solicitor, Citizens Advice Bureau or Housing Advice
Centre.

This agreement is subject to any manuscript amendments following negotiation between the
Landlord and Tenant and Guarantor in relation to this Property. Such amendments will be signed or
initialled by the parties prior to the grant of this tenancy.

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LANDLORD's NAME AND ADDRESS OpenArch Towerview Ltd,

The Grange, Market Street, Swavesey, Cambridge, CB24 4QG

TENANT Wilberforce Rotich & Lucy Jeptoo
GUARANTOR Henry Makuyana
PROPERTY Flat 9a, Victoria St, Littleport, Ely, Cambridgeshire, CB6 1LU
PERMITTED OCCUPIERS N/A

TERM A fixed term of Six Months from and including 5th December 2023 and
thereafter month-to-month

DEPOSIT A deposit of £1,000.00 is payable on/before signing this agreement

DEPOSIT SCHEME TYPE Insured Scheme
RENT £875.00 per calendar month payable 6 Months in advance.
FIRST RENT PAYMENT £5,250.00 for the period 5st December 2023 to 04st June 2024
The deposit is held by the Landlord or Landlord’s Agent for the duration of the tenancy. The Tenant shall not be entitled
to withhold payment of any rent on account of the deposit being held by the Landlord.

NOTE: All Tenants (and any guarantor/s) will be jointly and severally liable for the Tenant’s obligations contained within
this agreement. In the event of non-payment of rent and/or other breach of the agreement, any individual Tenant or
group of Tenants may be pursued. This means that legal action may be brought against any one or any group of the
Tenants. Notice to leave by any individual Tenant will also end the tenancy for all Tenants. The group of Tenants shall be
known collectively as ‘the Tenant’ throughout this Agreement.

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1. Interpretation
1.1. Definitions:
Contents: the furniture, furnishings and any other items set out in the Inventory and
Schedule of Condition.

HA 1988: Housing Act 1988

HA 2004: Housing Act 2004

Insured Risks: means fire, explosion, lightening, earthquake, storm, flood, bursting and
overflowing of water tanks, apparatus or pipes, impact by aircraft and articles dropped from
them, impact by vehicles, riot, civil commotion and any other risks against which the
Landlord decides to insure from time to time and Insured Risk means any one of the Insured
Risks.

Interested Persons: means process servers, enforcement officers, bailiffs, local authorities,
utility providers, debt collectors and judgement creditors and their legal advisers and agents.

Inventory and Schedule of Condition: the list of Contents and description of the condition of
the Property.

Joint and Several: 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.

Landlord: The expression ‘Landlord’ shall include anyone lawfully entitled to the Property
upon the termination of the Tenancy.

Landlord’s Agent/Agent: OpenArch Properties Ltd of The Grange, Market Street, Swavesey,
Cambridge, CB24 4QG.

Lawful Occupiers: those persons listed in the Schedule 1.

LTA 1985: Landlord and Tenant Act 1985.

Permitted Occupier: ‘Permitted Occupier’, if used in the agreement, includes any person
who is licensed by the Landlord to reside at the Property and who will be bound by all the
terms of this agreement apart from the payment of rent.

Property: Flat 9a, Victoria St, Littleport, Ely, Cambridgeshire, CB6 1LU

Relevant Persons: ‘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, e.g. a local authority, parent, or Guarantor. Relevant Persons will be
given details of the scheme with which the deposit will be registered.

Rent Payment Dates: The 1st day of each calendar month

Scheme Administrator: administrator of either a custodial or insurance TDS.

TDS: tenancy deposit scheme, as defined in section 212(2) of the HA 2004.

Tenancy: the tenancy created under this agreement and any statutory periodic tenancy
arising under section 5(2) of the Housing Act 1988 or any contractual periodic tenancy that
arises after the Term has expired.

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

The Term/the Tenancy: References to ‘the Term’ or ‘the Tenancy’ include any extension or
continuation of the agreement or any periodic Tenancy which may arise following the expiry
or determination of the period of the term specified on page 2.

Water Charges: References in this agreement to ‘Water Charges’ include references to

sewerage and environmental service charges.

Working Day: any day which is not a Saturday, a Sunday, a Bank Holiday or a Public Holiday
in England or Wales.

1.2. Clause headings shall not affect the interpretation of this agreement.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not
having separate legal personality) and that person's legal and personal representatives,
successors and permitted assigns.
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in
the plural shall include the singular.
1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to
other genders.
1.6. A reference to a statute or statutory provision is a reference to it as amended, extended or
re-enacted from time to time.
1.7. A reference to a statute or statutory provision shall include all subordinate legislation made
from time to time under that statute or statutory provision.
1.8. A reference to an agreement is a reference to this agreement.
1.9. A reference to writing or written includes fax or email.
1.10. Any reference to the giving of consent by the Landlord requires the consent to be given in
writing, signed by the Landlord.
1.11. Any obligation on a party not to do something includes an obligation not to allow that thing
to be done and an obligation to use best endeavours to prevent that thing being done by
another person.
1.12. References to clauses are to the clauses of this agreement.
1.13. A reference to the Landlord includes a reference to the person entitled to the immediate
reversion to this Tenancy. A reference to the Tenant includes a reference to its successors in
title and assigns.
1.14. Unless otherwise expressly provided, the obligations and liabilities of the parties under this
agreement are joint and several.
1.15. The obligations of the Tenant arising by virtue of this agreement are owed to the Landlord.
The obligations of the Landlord are owed to the Tenant.
1.16. The Landlord lets the Property to the Tenant for the Term.
1.17 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 and Section 8 of that Act.

2. Tenants Obligations
The Tenant hereby agrees with the Landlord as follows:
2.1. Any obligation upon the Tenant under this agreement to do or not to do anything shall also
require the Tenant not to permit or allow any visitor to do or not to do the same thing.

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Rent and utilities

2.2. To pay the Rent at the times and in the manner specified whether or not it has been formally
demanded. The Rent must be paid by standing order or direct debit which should be set up
on or before the date the Tenancy commences. The Landlord’s bank details are:

OpenArch Properties Rent Acc

02098369
40-05-20
JEP001

2.3. The Tenant shall pay interest at the rate of 3% above the base lending rate of the Bank of
England upon any Rent or other monies due under this agreement which is more than 14
days in arrears in respect of the date from when it became due to the date of payment.
2.4 The Tenant shall be in breach if this agreement if the Tenant fails to pay the Rent in
accordance with this clause and the Landlord shall be entitled to use the statutory provisions
contained in the HA 1988 or any other statutory remedies available to recover possession of
the Property.
2.5. To pay promptly all legitimate bills for Council Tax (or similar charge which replaces it) and
utilities as specified below:

Council Tax (if applicable) To be paid by the Tenant

Electricity (if applicable) To be paid by the Tenant
Gas (if Applicable) To be paid by the Tenant
Television Licence (if applicable) To be paid by the Tenant
Satellite TV Subscription (if applicable) To be paid by the Tenant
Telephone To be paid by the Tenant
Broadband To be paid by the Tenant

2.6. The Tenant is not to make any late payment or non-payment causing the utilities to be
disconnected. If late payment or non-payment results in any services being disconnected the
Tenant will be responsible for the costs properly incurred for reconnection.
2.7. Not to change the supplier of the utilities and services without the express written
permission of the Landlord (which will not be unreasonably withheld) and 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 Property in the
name of the Tenant and not in the name of the Landlord.
2.8 Not to tamper, interfere with, alter, or add to, the installations or meters relating to the
supply of such services to the Property. This includes the installation of any pre-payment
meter.
2.9. If the Tenant breaches this agreement or fails to fulfil any of its obligations under this
agreement, the Tenant shall pay any reasonable costs properly incurred by the Landlord in
remedying such breaches or in connection with the enforcement of those obligations.

Use of Property
2.10. To occupy the Property as the Tenant's only or principal home.

2.11. Not to assign or sublet or part with or share possession of the Property or any part of it, or to
allow the Property to be occupied by more than the maximum number of permitted
occupiers, without the express written permission of the Landlord (permission is at Landlord
discretion).

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2.12. Not to carry on in the Property any trade profession or business or receive paying guests or
exhibit any poster or notice board so as to be visible from the exterior of the Property or use
the Property for any other purpose other than a private residence for the Tenant.
2.13. Not to repair cars, motorcycles, vans or other commercial vehicles at the Property apart from
general maintenance, from time to time, to a vehicle of which the Tenant is the registered
keeper.
2.14. Where the Landlord has given permission for the Tenant to park at the Property the Tenant
must be the registered keeper of the vehicle and the vehicle must be taxed. Tenant must be
the registered keeper of the vehicle and the vehicle must be taxed.
2.15. Not to bring any bicycles, motorbikes, mopeds or motor scooters inside the Property.
2.16. Not to use the Property for any immoral, illegal or improper purposes.
2.17. Not to do or permit to be done on the Property anything that may reasonably be considered
to be a nuisance or annoyance to the Landlord or the owner or occupiers of any adjoining
property.
2.18. To take such reasonable precautions expected of a householder to keep the Property free of
infestation by vermin or rodents. Where such infestation occurs as a result of action or
inaction by the Tenant, the Tenant shall be responsible for the cost of removing the cause of
such an infestation and cleaning the affected parts of the Property as appropriate.
2.19. Not to make any noise or play any radio television audio equipment or musical instrument in
or about the Property so as to cause nuisance to neighbours or other adjoining residents or
people in the immediate area.
2.20. Not to fix or hang any posters, pictures, photographs or ornaments to the walls or ceilings
with nails, glue, sticky tape, blu-tac or similar adhesive fixings other than solely with a
reasonable number of commercially made picture hooks appropriate for the purpose.
2.21. Not to bring into the Property any furniture or furnishings and other personal effects that do
not meet the required safety standards.
2.22. Not to obstruct the Communal Areas of the building or any shared facilities or keep or leave
anything in them.
2.23. Not to smoke or to permit a visitor to smoke tobacco or any other substance in the Property.
2.24. Not to keep any dangerous or inflammable goods, materials, or substances in or on the
Property apart from those required for general household use.
2.25. Not to install, take into, use or keep in, the Property any heater or like object which requires
paraffin or other gaseous fuel, and not to burn candles in the Property.
2.26. No washing machine or dishwasher in the property shall be left to operate by itself
automatically, unless the Tenant is present at all times in the Property during such operation.
The Tenant shall expressly be held solely and fully responsible for any damage caused to the
Property or anything therein caused as a result of such operation by the Tenant in breach of
the provisions of this clause.
2.27. Not to operate any washing machine or dishwasher between the hours of 10.00 p.m. and
8.00 a.m.
2.28. With the exception of items specifically designed for continuous operation all gas and
electrical equipment shall be turned off at all times when the Tenant is not in the Property.
The Tenant shall expressly be held solely and fully responsible for any damage caused to the
Property or anything therein caused as a result of such operation by the Tenant in breach of
the provisions of this clause.
2.29. Not to keep any pets, animals, reptiles, insects, rodents or birds at the Property without the
prior written consent of the Landlord (such consent not to be unreasonably withheld).
2.30. Not to block or cause any blockage to the drains and pipes, gutters and channels in or about
the Property.
2.31. To be responsible for unblocking or clearing any stoppages in any sink, or basin, or toilet, or
waste pipe which serves such fixtures if they become blocked with the Tenant’s waste, or as
a result of the actions or inactions of the Tenant.

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2.32. Not to erect external aerials or satellite dishes.

2.33. Not to bring into the Property any electrical equipment which does not comply with relevant
UK electrical regulations.
2.34. To take all reasonable precautions to prevent damage occurring to any pipes or other
installation in the Property that may be caused by frost.
2.35. To keep the Property warmed and aired. To take all reasonable precautions to prevent
condensation by keeping the Property adequately ventilated and heated at all times
throughout the year.
2.36. To immediately report and inform the Landlord should mould or mildew become present on
any wall or ceiling in the Property.
2.37. To inform the Landlord in writing of any change to the contact details of the Tenant,
including mobile telephone number and e-mail address.
2.38. To observe any other terms and conditions which may from time to time be made by the
Landlord for the good order and management of the Property and such other terms and
conditions as may be contained in an annexure to this agreement signed by the parties
hereto.
2.39. The Tenant shall not do anything to the Property that has the effect of invalidating or
increasing the excess of the insurance. The Landlord shall provide the Tenant with a
summary of the relevant insurance requirements on request.
2.40. The Tenant shall not adjust the thermostat settings of any water heater to below 60°C or
above 65°C and must inform the Landlord if the hot water is not heating properly, or there
are any other problems with the water system, so that appropriate action can be taken.
2.41. The Tenant shall regularly clean and descale all showerheads, shower hoses and spray taps
where fitted.
2.42. The Tenant shall arrange for the water outlets on hot and cold water systems to be run at
least once a week to maintain a degree of water flow and minimise the chances of
stagnation.

Leaving the Property empty

2.43 To secure all doors and windows when leaving the Property unattended.
2.44. To advise the Landlord, by giving reasonable written notice, if the Tenant intends being
absent from the Property for more than 30 days and provide actual dates the Property will
be unoccupied. For any absence over 30 days the Tenant agrees that the Landlord or
Landlord’s agent can access the Property during the period if steps need to be taken to
ensure the Property insurance remains valid and/or to take reasonable precautions to
mitigate any damage to the Property.
2.45. If the Property is vacant for a period of over two weeks, the Tenants should allow the water
to run from all outlets in the Property for five minutes before consuming or otherwise using
the water. The Tenant must carefully run the water systems in accordance with the
information provided in the Tenant Handbook.

Condition of the Property

2.46. Not to damage the Property or make any alteration in or addition to it or the electrical or
plumbing system or decorate or change the style or colour of the decoration.
2.47. To keep the interior of the Property and the contents in the same condition, cleanliness,
repair and decoration, as at the start of the Tenancy with allowance for fair wear and tear.
2.48. Not to remove any of the Contents from the Property without the express written permission
of the Landlord.
2.49. To clean or have cleaned the windows of the Property, as often as necessary.
2.50. The Tenant is responsible to professionally wash any curtains in the Property as needed and
must not cause damage to the curtains when doing so.

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2.51. To keep the garden in the same character; weed free and in good order and to cut the grass
at reasonable intervals
2.52. To notify the Landlord or Landlord’s Agent as soon as reasonably possible, having regard to
the urgency of the matter, of any defect in the Property which comes to the Tenant's
attention. To indemnify the Landlord against all liability falling upon the Landlord under the
Defective Premises Act if the Tenant fails to give such notification.
2.53. Where the Property includes shared facilities, to take proper care of the contents and clean
as appropriate after use.
2.54. To replace or have replaced any light bulbs, fluorescent tubes, fuses or batteries, promptly
and when necessary.
2.55. To be responsible for the upkeep of any smoke and/or fire detectors fitted to the Property,
replacing batteries as necessary and ensuring that they are kept in full working order. The
Tenant should test any smoke / fire detectors weekly and report all faults to the Landlord
immediately.
2.56. Not to hang any washing, clothes or other articles outside the Property 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.

Waste and refuse

2.57. To keep the exterior of the Property free from rubbish.
2.58. To dispose of all rubbish promptly, hygienically and in the designated manner.
2.59. To undertake disposal of refuse by placing refuse in the receptacles provided and in
particular comply with any local authority recycling policy by using the correct containers
provided for that purpose. In the case of any dustbins to ensure that all general rubbish that
cannot be recycled is placed and kept inside a plastic bin liner before placing in such dustbin.

Letters and notices

2.60. To forward any notice order or proposal affecting the Property or its boundaries to the
Landlord within a reasonable time of receipt of any notice, order or proposal.
2.61. 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.

Right to enter
2.62. The Landlord reserves the right for the Landlord, or any person acting on behalf of the
Landlord, to enter the Property on giving at least 24 hours’ prior notice in writing to the
Tenant:
2.62.1 To examine the state and condition of the Property and contents and to carry out
repairs or maintenance to the Property or contents and afford them all facilities
so to do and this clause includes inspection and repair to any adjoining or
neighbouring properties.
2.62.2 To enter and view the property with prospective occupiers at all reasonable
times during normal working hours.
2.62.3. To carry out the Landlord’s obligations under this agreement.
2.62.4. To inspect the Property for the purpose of preparing an EPC and
Recommendation Report for the Property or the building of which it forms part
and the Tenant shall co-operate with the Landlord so far as is reasonably
necessary to enable an EPC and Recommendation Report to be obtained.

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2.62.5. For any purpose mentioned in this Tenancy or connected with the Landlord’s
interest in the Property or any other property.
2.63. 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.
2.64. To allow the Landlord or Landlord’s Agent to erect a reasonable number of 'for sale' or 'to let'
signs at the Property.

Keys and alarm codes

2.65. The Tenant agrees that the Landlord and/or Landlord’s Agent shall hold a set of keys and that
the Tenant shall not change the door locks or alarm codes or install any additional locks,
bolts or security chains at the Property.
2.66. The Tenant shall not have any additional or copies of keys cut for the locks to the Property.
2.67. The Tenant will be liable for the reasonable cost of a replacement key if a key or security
device is lost.

Tenant’s possessions
2.68. 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.

At the end of the Tenancy

2.69. At the end of the Tenancy, the Tenant agrees to:
2.69.1. Give up the Property with vacant possession by no later than 12.00 noon on the
day of departure.
2.69.2. Give up the Property and the contents in the same state of cleanliness, condition
and decoration as it was at the commencement of the Tenancy (reasonable wear
and tear excepted) and pay for the repair or replacement of those items
damaged or lost during the Tenancy which were the Tenant's responsibility in
this agreement.
2.69.3. Leave the contents in the respective positions that they occupied at the
commencement of the Tenancy.
2.69.4. Return all keys, gate fobs and other access devices to the Landlord and pay
reasonable costs of having new locks fitted and new keys cut in the event that
not all keys are returned to the Landlord.
2.69.5. Provide the Landlord with a forwarding address and up-to-date contact details
including telephone number/s and (if applicable) e-mail address.
2.70. Ownership of all property left by the Tenant at the end of the tenancy shall immediately pass
to the Landlord who shall be entitled to dispose of it. The Tenant shall indemnify the
Landlord against any costs claims or demands made by any third-party claiming ownership of
such property.
2.71. Where such items belonging to the Tenant described in clause 2.68 above are of a bulky or
unwieldy nature (either individually or as a collection) which may unreasonably
inconvenience the Landlord’s ability to occupy or re-let the Property the Landlord reserves
the right to charge the Tenant damages or compensation at a rate equivalent to the rent,
calculated on a daily basis until the items are removed.

3. Rent
3.1 The Tenant shall pay the Rent in advance on or before the Rent Payment Dates.

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3.2. The Tenant shall pay the first instalment of the Rent on or before the First Rent Payment
Date.
3.3. The Tenant shall pay interest at the rate of 3% per annum above the Bank of England’s base
rate on any rent lawfully due that is paid more than 14 days after the date on which it
became due. The interest shall be payable from the date the rent should have been paid until
the date the rent is actually paid
3.4. The Tenant shall be in breach of this agreement if the Tenant fails to pay the Rent in
accordance with this clause 3 and the Landlord shall be entitled to use the statutory
provisions contained in the HA 1988 or any other statutory remedies available to recover
possession of the Property.
3.5. If the Property is damaged or destroyed by an Insured Risk so as to be unfit for occupation
and use then, unless the damage or destruction was caused by the wilful actions, negligence
or default of the Tenant, payment of the Rent shall be suspended until the Property is fit for
occupation and use.
3.6. It is agreed that the Rent is subject to review by the Landlord on or after the anniversary of
the commencement of the tenancy and annually thereafter. The Landlord must provide the
Tenant with written notice of the proposed increase in Rent at least one month prior to the
increase taking effect. The proposed increase in Rent shall take effect no sooner than one
month after written notice has been given and no sooner than the anniversary of the
commencement date.

4. Default by the Tenant

4.1. The Landlord reserves the right to re-enter the Property if:
4.1.1 the Rent is unpaid 14 days after becoming payable whether it has been formally
demanded or not;
4.1.2. the Tenant is declared bankrupt under the Insolvency Act 1986;
4.1.3. the Tenant has breached the agreement; or
4.1.4. any of the Grounds 2, 7 (in England only), 7A, 7B (in England only), 8, 10-15 and
17 set out in Schedule 2 of the HA 1988, as amended by the Housing Act 1996,
apply.
4.2. This clause does not affect any rights of the Tenant under the Protection from Eviction Act
1977. The Landlord cannot evict the Tenant without a court having first made an order for
possession.
4.3. If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall
immediately end. Any right or remedy of the Landlord in respect of any breach of the terms
of this agreement by the Tenant shall remain in force.
4.4. If the Tenant breaches this agreement or fails to fulfil any of its obligations under this
agreement, the Tenant shall pay any reasonable costs properly incurred by the Landlord in
remedying such breaches or in connection with the enforcement of those obligations. Such
loss shall be deemed to include any charges, including legal fees, which the Landlord may
reasonably incur in connection with proceedings in a court of law against the Tenant.

5. Landlord's obligations
The Landlord hereby agrees with the Tenant as follows:
5.1 To pay all assessments and outgoings in respect of the Property, which are the responsibility
of the Landlord.
5.2 To allow the Tenant to quietly possess and enjoy the property during the Tenancy, provided
that the Tenant complies with their obligations in this agreement.
5.3. To return to the Tenant a reasonable proportion of the rent payable for any period while the
property is rendered uninhabitable by fire or other insured risk except where the destruction
or damage is caused by the Tenant or their visitors.

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5.4. To ensure that gas appliances comply with the Gas Safety (Installation and Use) Regulations
1998 and that a copy of the Gas Safety Certificate will be given to the Tenant at the
commencement of the Tenancy. The Landlord will also ensure the electrical safety standards
are met.
5.5. To ensure that all the furniture and equipment within the property for which the Landlord is
responsible complies with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as
amended in 1993. The Tenant will ensure that permanent labels are carried on all items of
furniture. The Tenant must not remove nor deface any permanent labels or care instructions
from any item of upholstered furniture (including its covers or cushions) which is included
within the inventory for the Property
5.6. To comply with the requirements of Section 11 of the Landlord and Tenant Act 1985. This
imposes obligations on the Landlord to repair the structure and exterior of the Property
including drains, gutters, external pipes; to repair and keep in working order the installations
for the supply of any water gas electricity and sanitation; to keep in repair and working order
any installations in the property for space heating and water heating.
5.7. Where applicable to keep the Communal Areas of the Property and shared facilities lighted
and cleaned.
5.8. The Landlord shall make good any damage caused by an insured risk, unless the damage was
caused by the wilful actions, negligence or default of the Tenant.

6. Termination
6.1. The Tenant may terminate this agreement by giving to the Landlord one calendar months’
notice in writing effective not sooner than the end of the Term of this tenancy without
prejudice to the rights or remedies of either party against the other in respect of any
antecedent claim or breach of covenant. The Tenant is not at liberty to leave at the end of
the Term if such notice has not been served and if they do so then rent will be charged in lieu
of notice.
6.2. If the Tenancy is during the fixed Term, the Landlord may serve on the Tenant at least 2
months’ notice in writing under Section 21 of the Housing Act 1988 (as amended).
6.3. In the event of the Tenancy continuing at the end of the Term, the Tenancy will become a
statutory periodic tenancy on the same terms and conditions.
6.4. If the Tenancy has become periodic as set out at 6.3, it may be terminated by:
6.4.1. The Landlord serving the Tenant at least two months’ notice in writing under
Section 21 of the Housing Act 1988 (as amended).
6.4.2. The Tenant giving written notice of at least one month to expire on the last day
of a rental period of the tenancy.
6.5. If there is a breach of any of this agreement by the Tenant, including during the initial Term,
the Landlord may serve notice in accordance with Section 8 of the Housing Act 1988 (as
amended) relying on any of the Grounds 2, 7 (in England only), 7A, 7B (in England only), 8,
10-15 and 17 set out in Schedule 2 of the HA 1988.
6.6. In certain circumstances the Landlord may be willing to allow the Tenant an early release
from the agreement, subject to:
6.6.1. The property successfully being re-let and occupied within the initial fixed term
and;
6.6.2. The Tenant making payment to the Landlord equal to, but not exceeding, costs
incurred by the Landlord as a result of the early termination and subsequent re-
let. This commonly includes, but is not limited to, marketing and referencing
costs.
6.6.3. Any decision of the Landlord to agree to an early release must be in writing
otherwise it will not be valid.

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7. The Deposit
7.1. If a deposit is taken it will be held and returned under the terms of the Tenancy Deposit
Scheme detailed below:

Tenancy Deposit Solutions Ltd (TDSL) trading as my|deposits.

1st Floor, Lumiere
Elstree Way
Borehamwood
WD6 1JH

Phone: 0333 321 9401 Email: [email protected]

7.2. This is an insurance based scheme. The Landlord shall hold the deposit within the terms of
the scheme.
7.3. Any interest earned on the deposit shall be retained by the Landlord and used to offset
administration costs.
7.4. The Landlord’s Agent will protect the Deposit within 30 days of receipt of the Deposit, and
give to the Tenant and to any Relevant Person a copy of the Prescribed Information together
with details of the scheme applicable to the registration of the Deposit.
7.5. The Landlord and Tenant consent to the use of the Inventory and Schedule of Condition as
evidence in any dispute arising in connection with the Deposit.
7.6. Upon vacant possession of the Property and return of the keys, if the Tenant has kept to all
the agreements and conditions within this agreement, the balance of the Deposit shall be
returned to the Tenant within 10 working days of any deductions being agreed.
7.7. The Deposit will be held as security for and in respect of, the performance by the Tenant of
all the obligations of the tenant in this agreement including those set out in this section to
pay for or be used for:
7.7.1. Any damage, or compensation for damage, to the Property 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 and repairs that are the
responsibility of the Landlord.
7.7.2. The reasonable cost of having the Property cleaned in order to return it to the
same state of cleanliness that it was at the commencement of the Tenancy.
7.7.3. The reasonable cost incurred in compensating the Landlord for or rectifying any
major breach by the Tenant of the Tenant’s obligations under the agreement,
including those relating to the cleaning of the Property, its fixtures and fittings.
7.7.4. Any unpaid accounts for utilities or water charges or environmental services or
Council Tax incurred at the Property for which the Tenant is liable.
7.7.5. Any rent or other money due or payable by the Tenant under the agreement of
which the Tenant has been made aware and which remains unpaid after the end
of the Tenancy.
7.7.6. Any sum which is or becomes repayable by the Landlord or his agent to the local
authority with regard to Housing Benefit which has previously been paid directly
to the Landlord or his agent relating to the Tenant named in the agreement.
7.7.7. The policy excess incurred as a result of a claim on the Landlord's insurance,
attributable to the Tenant's action. property;

7.7.8. The cost of any bank or other charges incurred by the Landlord or the Landlord’s
Agent if any cheque written by the Tenant is dishonoured or if any standing
order payment is withdrawn by the Tenant’s bankers.

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7.7.9. All reasonable costs and expenses incurred by the Landlord or the Landlord’s
Agent (including but not limited to the costs and fees of the Landlord’s solicitors
and other professional advisors) in respect of the recovery from the Tenant of
any rent or any other money which is in arrears, the enforcement of any of the
provisions of this agreement and the service of any notice relating to the breach
by the Tenant of any of the Tenant’s obligations under this agreement whether
or not the same shall result in court proceedings.
7.7.10. If the Deposit shall be insufficient the Tenant shall pay to the Landlord such
additional sums as shall be required to cover all costs charges and expenses that
are properly due.
7.8. 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
Property 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 protected and will
continue to be protected by mydeposits.
7.9. The statutory rights of the Tenant and the Landlord to take legal action through the court
remain unaffected by the clauses stated above.

8. Notices
8.1. The Landlord gives notice to the Tenant that in accordance with Section 47 and 48(1) of the
Landlord and Tenant Act 1987 that notices (including notices in proceedings) may be served
on the Landlord at the address specified in the particulars of this agreement.
8.2. Any notice to the Landlord sent under or in connection with this agreement shall be deemed
to have been properly served if:
8.2.1. sent by first class post to the Landlord’s address;
8.2.2. left at the Landlord’s address; or
8.2.3. sent to the Landlord’s Agent’s email address being [email protected]
8.3. Any notice sent to the Tenant under or in connection with this agreement shall be deemed to
have been properly served if:
8.3.1. sent by first class post to the Property;
8.3.2. left at the Property; or
8.3.3. sent to the Tenant’s email address stated in the Parties clause above.
8.4. Any notice sent to the Guarantor under or in connection with this agreement shall be
deemed to have been properly served if:
8.4.1. sent by first class post to the Guarantor’s address stated in the Parties clause
above;
8.4.2. left at the Guarantor’s address stated in the Parties clause above; or
8.4.3. sent to the Guarantor’s email address stated in the Parties clause above.
8.5. If a notice is given in accordance with Clause 8.2, 8.3 or 8.4, it shall be deemed to have been
received:
8.5.1. if delivered by hand, at the time the notice is left at the proper address;
8.5.2. if sent by first-class post, on the second Working Day after posting; and
8.5.3. if sent by email, at 9.00 am on the next Working Day after sending.

9. Consents
9.1. The Landlord confirms that all necessary consents have been obtained to enable the
Landlord to enter into this agreement (whether from Superior Landlord, Lenders,
Mortgagees, Insurers, or others).

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10. Data Protection

10.1. The Tenant and Guarantor hereby consent to the Landlord and/or the Agent processing any
information or personal details on or of the Tenant and Guarantor as defined in the Data
Protection Act 2018.
10.2. The Tenant and Guarantor agree that the Landlord or Agent may pass on the Tenant's or
Guarantor’s forwarding address and/or other personal information to utility suppliers, any
local authority, credit, reference or debt collection agencies and any other business or
individual that the Landlord reasonably believes to have a legitimate interest in this
information.

11. Guarantee and indemnity

11.1. The Guarantor guarantees to the Landlord that the Tenant shall pay the Rent and observe
and perform the tenant covenants of this agreement and that if the Tenant fails to pay the
Rent or to observe or perform any of the tenant covenants, the Guarantor shall pay or
observe and perform them.
11.2. The Guarantor covenants with the Landlord as principal obligor and as a separate and
independent obligation and liability from its obligations and liabilities under Clause 11.1 to
indemnify and keep indemnified the Landlord against any failure by the Tenant to pay the
Rent or any failure to observe or perform any of the tenant covenants of this agreement.
11.3. The liability of the Guarantor under Clause 11.1 and Clause 11.2 shall continue until the
Tenancy comes to an end and the Tenant is released from the tenant covenants of this
agreement.
11.4. The liability of the Guarantor shall not be reduced, discharged or otherwise adversely
affected by:
11.4.1. any time or indulgence granted by the Landlord to the Tenant;
11.4.2. any delay or forbearance by the Landlord in enforcing the payment of the Rent
or the observance or performance of any of the tenant covenants of this
agreement or in making any demand in respect of them;
11.4.3. the Landlord exercising any right or remedy against the Tenant for any failure to
pay the Rent or to observe or perform the tenant covenants of this agreement;
or
11.4.4. the Landlord taking any action or refraining from taking any action in connection
with the Deposit.

12. Governing law

This agreement and any dispute or claim arising out of or in connection with it or its subject
matter or formation (including non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales.

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This agreement has been entered into on the date stated at the beginning of it.

The Tenant acknowledges receipt of:

• ‘How to Rent’ guide produced by HM Government (England only)
• Energy Performance Certificate (EPC) for the Property
• A current Gas Safety Certificate for the Property (if there is a gas supply)
• A copy of the Electrical Installation Condition Report (EICR) for the Property
• Details of the scheme with how your Deposit will be registered, including details as to how you
will recover your Deposit on your departure
• A checklist of the key Deposit registration information generally described as ‘Prescribed
Information’ (to be provided within 30 days of paying your Deposit)
• Tenants handbook

TENANT'S SIGNATURE(S) PRINTED NAME(S) DATE

Wilberforce Rotich
08 December 2023 | 12:49 AM P

Lucy Jeptoo 08 December 2023 | 9:29 AM G

GUARANTOR'S SIGNATURE PRINTED NAME DATE

Henry Makuyana
18 December 2023 | 8:53 PM G

Witnessed by:

Signature Name, address and occupation

LANDLORD/S PRINTED NAME DATE

LANDLORDS AGENT
SIGNATURE

(Landlord's Agent, for or on behalf of the Landlord)

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OpenArch Properties Limited

Tenancy Deposit Protection Details

Landlord OpenArch Towerview Ltd

Property Flat 9a, Victoria St, Littleport, Ely, Cambridgeshire, CB6 1LU

Tenant(s) Wilberforce Rotich & Lucy Jeptoo

Contact Number:

DEPOSIT AMOUNT £1000.00

Tenancy Commencement 5th December 2023
Earliest contract end date 4th June 2024

Alternative Contact Address (e.g. Work,family,friend etc):

Sign:

Date:
08 December 2023 | 08 December
12:49 AM PST2023 | 9:29 AM GMT

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