Agreement means these Terms of Appointment and the Confirmation of Instruction, read together.
Browns, we and us mean Browns Sales and Lettings Ltd (company number 13729338), trading as Browns and Browns Residential.
Client and you mean the seller or sellers named in the Confirmation of Instruction. Where there is more than one, each of you is responsible for the whole of what is owed under this Agreement.
Commission means our fee for the sale of the Property, at the rate set out in the Confirmation of Instruction.
Confirmation of Instruction means the form that accompanies these terms, completed and signed.
Excluded Party means a prospective purchaser named in the Confirmation of Instruction under clause 2.3.
Property means the property named in the Confirmation of Instruction.
2.1 You appoint us to act as your agent for the sale of the Property, on the basis stated in the Confirmation of Instruction.
2.2 The appointment begins on the date this Agreement is signed by both of us. There is no minimum period. It continues until either of us ends it under clause 5.
2.3 If you are already in contact with a prospective purchaser, give us their full details before you sign so that they can be named in the Confirmation of Instruction as an Excluded Party. No Commission is payable on a sale to an Excluded Party unless you ask us to act in that sale.
2.4 You confirm that you own the Property, or that you have the authority of every owner to sell it and to enter into this Agreement on their behalf.
2.5 If you have instructed another agent before this Agreement, or instruct one while it runs, you may become liable to pay more than one fee. Please check the terms of any earlier agreement, in particular whether it gave that agent sole agency or sole selling rights. Our Commission remains payable under clause 3 even if a fee is also owed to another agent.
3.1 Sole agency. You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if at any time unconditional contracts for the sale of the Property are exchanged:
(a) with a purchaser introduced by us during the period of our sole agency or with whom we had negotiations about the Property during that period; or
(b) with a purchaser introduced by another agent during that period.
3.1 Joint-sole agency. We act alongside the other agent named in the Confirmation of Instruction. You will be liable to pay Commission to us if at any time unconditional contracts for the sale of the Property are exchanged:
(a) with a purchaser introduced by us during the period of our joint-sole agency; or
(b) with a purchaser with whom we had negotiations about the Property during that period.
3.1 Multiple agency. We act as one of several agents. You will be liable to pay Commission to us, at the rate stated in the Confirmation of Instruction, if at any time unconditional contracts for the sale of the Property are exchanged:
(a) with a purchaser introduced by us during the period of our agency; or
(b) with a purchaser with whom we had negotiations about the Property during that period.
That rate applies whether or not any other agent is later disinstructed, unless we agree otherwise in writing.
3.2 Once this Agreement has ended, we will claim Commission only where contracts are exchanged within six months of the date it ended, with a purchaser we introduced or negotiated with while it ran.
3.3 We introduce a purchaser where they first learn of the Property through us or through our marketing, including our website, the property portals, our board and any advertising we pay for. An introduction also covers a purchaser connected with someone we introduced: their spouse or partner, a relative, a business associate, a nominee, or a company they control.
3.4 When this Agreement ends, we will send you a list of the people we introduced, so that you and any later agent know where a fee to us could arise.
4.1 Commission is calculated on the sale price stated in the contract for sale, at the rate set out in the Confirmation of Instruction, and is subject to a minimum fee of £5,000 + VAT.
4.2 Where the Confirmation of Instruction gives a range, you choose the rate within it and confirm it to us in writing when you accept an offer. If no rate has been confirmed by the time contracts are exchanged, the highest rate in the range applies.
4.3 Commission is earned when unconditional contracts are exchanged. It is payable on completion of the sale, or three months after exchange if completion has not taken place by then.
4.4 If contracts are exchanged and the sale then fails to complete because of your default, Commission is payable in full on the date completion was due. If it fails because of the purchaser’s default, Commission is payable only up to the amount of any deposit or other sum you keep or recover from the purchaser.
4.5 You authorise and instruct your solicitor or conveyancer to pay our Commission, and any other sum due under this Agreement, from the proceeds of sale on completion. Please give them a copy of this Agreement.
4.6 Interest is charged on any amount overdue at 2.5% a year above the base rate of National Westminster Bank PLC, accruing daily from the date payment was due until it is made, before and after any judgment.
4.7 All fees in this Agreement are subject to VAT at the rate in force when they fall due. The rate is currently 20%.
5.1 You may end our appointment at any time by telling us in writing. Email is sufficient. No notice period applies.
5.2 We may end the appointment by giving you not less than 21 days’ written notice. We may end it at once if we cannot complete the identity checks in clause 10, or if continuing would require us to act unlawfully or to mislead a purchaser.
5.3 When the appointment ends we will withdraw the Property from our website and the portals and remove our board. Clauses 3, 4 and 6 continue to apply to anything that arose while it ran.
5.4 Your right to cancel. Separately, you have a legal right to cancel this Agreement within fourteen days of the day it is signed by both of us, without giving a reason. To do so, tell us in writing before the fourteen days have passed, by email to contact@brownsresidential.com or by post to Browns, Unit 18 WOW Workspaces, Sandown Road, Watford, Hertfordshire, WD24 7UY. We will refund any payment you have made within fourteen days of hearing from you.
5.5 We begin work as soon as this Agreement is signed, unless you ask us to wait until the fourteen days have passed. If you cancel after we have begun, you pay for the work done to that point, which will not exceed the marketing recovery fee and any identity check fees already incurred. The right to cancel ends if contracts for the sale are exchanged within the fourteen days.
6.1 Marketing recovery fee. If you end our appointment within 28 days of the date of this Agreement, and by then we have begun preparing the Property for the market (including photography, measurement, the floorplan, the written description or portal preparation), a marketing recovery fee of £250 + VAT is payable. It recovers our reasonable costs of that work. It is not payable if we end the appointment, or where Commission becomes payable.
6.2 Identity checks. A fee of £50 + VAT is payable for each person whose identity we are required to verify under clause 10. It is invoiced when this Agreement is signed.
6.3 There are no other costs unless we agree them with you in writing beforehand. If you ask for additional or enhanced marketing, we will confirm the cost before any of it is incurred.
6.4 Advance payment. Where the Confirmation of Instruction records an advance payment, it is payable when this Agreement is signed. It is a payment towards the Commission and is deducted from the Commission due on completion. Because it meets the cost of marketing a property over a longer period, it is not refundable if the Property does not sell or the appointment ends, except where you cancel within the fourteen days in clause 5.4.
7.1 We are required by law to give prospective purchasers the information they need to make a decision, and not to mislead them. You agree to give us full and accurate information about the Property, to tell us promptly if anything changes, and to check the particulars we prepare before they are published.
7.2 A valid Energy Performance Certificate must be available, or have been commissioned, before the Property is marketed, unless it is exempt.
7.3 Please tell us at once if a prospective purchaser or another agent approaches you directly.
7.4 You are responsible for the Property and its contents throughout, and for making sure your insurance allows viewings, including while the Property is empty. We do not manage or look after the Property.
8.1 We will carry out our work with reasonable care and skill.
8.2 Unless we agree otherwise with you, we will market the Property on our own website and on the property portals we consider right for it. Once material is published we cannot control its copying or misuse by others.
8.3 We will pass every offer to you promptly and in writing, up to exchange of contracts, unless you tell us in writing that there are offers you do not wish to receive.
8.4 We will take reasonable care when arranging and conducting viewings and when holding your keys.
9.1 We will put up a board only where the Confirmation of Instruction allows it. By law only one board may be displayed at a property at any time.
9.2 Please tell us of anything that restricts a board, such as the terms of a lease or the rules of a conservation area. We are responsible for damage caused by our negligence, or that of our contractor, in putting up or removing it.
10.1 The Money Laundering Regulations 2017 and the Proceeds of Crime Act 2002 require us to verify the identity of every seller, and of anyone who owns or controls the Property through a company or trust, before we act. This involves photographic identification, such as a passport or driving licence, and proof of address.
10.2 The checks are carried out through a third-party provider. We cannot market the Property until they are complete.
10.3 We are also required to verify the purchaser, and in some circumstances to make a report to the authorities without telling you.
11.1 If we, anyone working at Browns, or anyone connected with us has or seeks an interest in the Property, we will tell you in writing as soon as we know.
11.2 If we stand to receive a fee or commission for recommending another business to you or to a purchaser, such as a solicitor or a mortgage adviser, we will tell you the amount in writing before you decide whether to use it.
12.1 We own everything we create or commission to market the Property, including photographs, film, floorplans, written descriptions and design work.
12.2 You may use that material for the sale of the Property through us while our appointment lasts. It may not be reused or reproduced by you or by anyone else, including another agent, without our written permission. Where it is, we may ask for it to be removed at once or charge a reasonable licence fee.
12.3 We may use the material in our own marketing, in print, on our website and on social media, during and after our appointment.
Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit. Your rights as a consumer under the Consumer Rights Act 2015 are not affected.
14.1 If something has gone wrong, tell us at contact@brownsresidential.com. We have a written complaints procedure and will send you a copy on request.
14.2 We are a member of The Property Ombudsman and follow its Code of Practice for Residential Estate Agents. If we have not resolved your complaint within eight weeks, or you are not satisfied with our final response, you may refer it to The Property Ombudsman free of charge, within twelve months of that response. Its website is tpos.co.uk.
We use your personal information to carry out this Agreement and to meet our legal obligations, including the identity checks in clause 10. We share it only where that is needed for the sale, for example with your solicitor, the providers of our identity checks and electronic signatures, and the property portals. Our privacy notice has the detail and is available on request.
16.1 This Agreement is the whole of what we have agreed about the sale. If these terms and the Confirmation of Instruction differ, the Confirmation of Instruction prevails. Changes must be agreed in writing.
16.2 Notices may be given by email, to the addresses in the Confirmation of Instruction and to contact@brownsresidential.com. This Agreement may be signed electronically.
16.3 No one other than you and us has any right to enforce this Agreement. If any part of it is found to be unenforceable, the rest continues to apply.
16.4 This Agreement is governed by the law of England and Wales, and the courts of England and Wales have non-exclusive jurisdiction over it.
Agreement means these Terms of Appointment and the Confirmation of Instruction, read together.
Browns, we and us mean Browns Sales and Lettings Ltd (company number 13729338), trading as Browns and Browns Residential.
Commission means our fee for the Service, as set out in the Confirmation of Instruction.
Confirmation of Instruction means the form that accompanies these terms, completed and signed.
Deposit means any money taken from a Tenant as security under a Tenancy.
Landlord and you mean the person or persons named in the Confirmation of Instruction. Where there is more than one, each of you is responsible for the whole of what is owed under this Agreement.
Property means the property named in the Confirmation of Instruction.
Rent means the rent payable by a Tenant under a Tenancy.
Service means the Let Only, Let and Collect or Managed service chosen in the Confirmation of Instruction.
Tenancy means a tenancy of the Property granted to a Tenant, including any continuation of it. Since the Renters’ Rights Act 2025 a residential tenancy is an assured periodic tenancy: it runs from month to month, with no fixed term and no renewal.
Tenant means a tenant we introduce to the Property, and anyone who occupies with or through them.
2.1 You appoint us as your agent to let the Property and to provide the Service chosen in the Confirmation of Instruction.
2.2 The appointment begins on the date this Agreement is signed by both of us. There is no minimum period. It continues until either of us ends it under clause 9.
2.3 You confirm that you own the Property, or are authorised by every owner to let it and to enter into this Agreement on their behalf, and that you have every consent the letting needs: from your mortgage lender, from any superior landlord or freeholder, and from your insurers.
2.4 You authorise us to sign the tenancy agreement, and to give the Tenant the documents and notices the law requires, on your behalf. Where you confirm an instruction to us by email, you are bound by what we do on that instruction.
3.1 Under every Service we will:
(a) visit the Property and advise on the rent it should achieve and how best to present it;
(b) photograph the Property, commission a floorplan, and market it on our website and the property portals we consider right for it, with a board where you allow one;
(c) accompany viewings, and report every offer to you with our advice;
(d) take up references on the proposed Tenant and any guarantor, and carry out the Right to Rent checks required by the Immigration Act 2014 before the Tenancy begins;
(e) prepare the assured periodic tenancy agreement, with the written statement of terms the law requires, and arrange for it to be signed;
(f) collect the first month’s Rent and any Deposit before the Tenancy begins; and
(g) where the Confirmation of Instruction asks us to, protect the Deposit and give the Tenant the prescribed information (clause 7).
3.2 Under the Let Only service our work ends when the Tenancy begins. From then on you manage the Tenancy and the Property yourself: collecting the Rent, repairs, safety certificates, the Deposit at the end of the Tenancy, and every other duty of a landlord. We do not hold keys, arrange repairs or pay outgoings.
4.1 Under the Let and Collect and Managed services, in addition to clause 3.1, we will:
(a) collect the Rent each month, send you a statement, and pay the balance to the account you nominate within three working days of receiving cleared funds;
(b) contact the Tenant if the Rent is more than five working days late, and keep you informed. This does not include legal action (clause 8);
(c) repeat the Right to Rent checks where a Tenant’s right to rent is time-limited;
(d) tell the utility suppliers and the local authority when a Tenant moves in or out. You remain responsible for utilities and Council Tax while the Property is empty;
(e) instruct an independent clerk, at your expense, to prepare the inventory before the Tenancy begins and the check-out report when it ends;
(f) on your written instruction, and no more than once a year, serve the notice the law requires to increase the Rent (currently Form 4A under section 13 of the Housing Act 1988); and
(g) advise you on your obligations as a landlord as they affect the Property.
4.2 Under the Let and Collect service you manage the Property yourself. We do not hold keys, arrange repairs, pay outgoings or negotiate the Deposit at the end of the Tenancy.
5.1 Under the Managed service, in addition to clauses 3.1 and 4.1, we will:
(a) arrange repairs and maintenance through contractors we consider suitable. You authorise us to spend up to £250 + VAT on any one item without asking you first. Above that we will seek your approval, except in an emergency or where we cannot reach you after reasonable attempts;
(b) pay from the Rent we hold such outgoings as you ask us to, for example ground rent, service charge and insurance, where we hold sufficient funds;
(c) arrange, at your expense, the annual gas safety check and the electrical inspection when each falls due, and give the Tenant a copy of the record;
(d) visit the Property within the first three months of the Tenancy and about every twelve months after that, where the Tenant allows access, and report to you;
(e) deal with the Tenant’s requests and correspondence, including a request to keep a pet, and refer to you any decision that is yours to make;
(f) hold a set of keys; and
(g) at the end of the Tenancy, arrange the check-out, advise you on any deductions from the Deposit, put them to the Tenant, and deal with the deposit scheme on your behalf, including any dispute.
5.2 Contractors are engaged on your behalf and at your expense. We are not liable for their work, but we will take reasonable care in choosing them. We will not arrange work that is the responsibility of your freeholder or managing agent.
5.3 Our visits are to see that the Property is being looked after and to note obvious defects. They are not a survey, and we are not responsible for defects that are hidden or could not reasonably be seen. A survey can be arranged at additional cost.
5.4 We cannot carry out your obligations if we do not hold the funds to do so. If we ask you for funds for work the law requires and you do not provide them, the responsibility is yours.
6.1 Let Only. Our Commission is a single fee equal to one month’s Rent, inclusive of VAT. It is due when the Tenancy begins and is deducted from the first Rent we collect. Nothing further is payable to us for that Tenancy, however long the Tenant stays.
6.2 Let and Collect, and Managed. Our Commission is a percentage of the Rent, at the rate set out in the Confirmation of Instruction, plus VAT. It is charged monthly and deducted from the Rent as we receive it. If Rent is paid to you directly, Commission on it is payable within fourteen days of our invoice.
6.3 Introductory rate. Where the Confirmation of Instruction says the introductory rate applies, then for the first Tenancy we arrange under this Agreement Commission is charged at half the rate in the Confirmation of Instruction for the first twelve months of that Tenancy. The full rate applies from the end of those twelve months, and to any later Tenancy from its first day. If the first Tenancy ends within twelve months, the introductory rate ends with it.
6.4 Under the Let and Collect and Managed services, Commission is payable for as long as a Tenant occupies the Property and our appointment continues.
6.5 Sale to a Tenant. If you sell the Property, or any interest in it, to a Tenant, a fee of 1.75% + VAT of the sale price is payable to us on completion of the sale.
6.6 Any sum not deducted from Rent is payable within fourteen days of our invoice. Interest is charged on any amount overdue at 2.5% a year above the base rate of National Westminster Bank PLC, accruing daily from the date payment was due until it is made, before and after any judgment.
6.7 All fees in this Agreement are subject to VAT at the rate in force when they fall due, unless stated to be inclusive of it. The rate is currently 20%.
6.8 Other charges. The following are charged in addition to Commission, when they arise:
(a) tenancy agreement, for each new Tenancy: £300 + VAT;
(b) referencing, for each Tenant or guarantor: £50 + VAT. The law does not allow this to be charged to a tenant;
(c) protecting a Deposit, for each Tenancy: £80 + VAT;
(d) inventory and check-out reports, by an independent clerk: price on application, confirmed to you before the clerk is instructed;
(e) Energy Performance Certificate: £100 + VAT. Legionella risk assessment: £80 + VAT. Gas safety check and electrical inspection: price on application;
(f) identity checks, for each person we are required to verify: up to £50 + VAT. Land Registry search, where proof of ownership is not supplied: £10 + VAT;
(g) a visit to the Property beyond those in clause 5.1: £80 + VAT;
(h) work outside the Service, at your request: £100 + VAT an hour. Attending a court or tribunal at your request: £500 + VAT a day or part of a day;
(i) administering tax for a landlord who lives overseas (clause 8.5): £80 + VAT a quarter;
(j) forwarding post that arrives for you, and having keys cut where a set is not supplied: the cost only.
6.9 There are no other costs unless we agree them with you in writing beforehand.
7.1 By law a Deposit may not exceed five weeks’ Rent, or six weeks’ where the annual Rent is £50,000 or more. It must be protected in an authorised scheme, and the Tenant given the prescribed information, within 30 days of being received.
7.2 Where the Confirmation of Instruction asks us to protect the Deposit, we will do so with TDS Custodial, the custodial scheme operated by The Dispute Service Ltd, and give the Tenant the prescribed information. The scheme holds the Deposit until the Tenancy ends.
7.3 Where you choose to protect the Deposit yourself, we will pay it to you within five working days of receiving it. Protecting it, and giving the prescribed information in time, is then your responsibility. A landlord who fails to do so can be ordered to pay the Tenant up to three times the Deposit, and may be unable to recover possession of the Property. We are not liable for any loss that follows.
7.4 At the end of the Tenancy any deduction must be agreed with the Tenant, or decided by the scheme’s adjudicator or a court. Under the Managed service we deal with this for you (clause 5.1(g)). Under the other Services it is for you to deal with, though we can do so at our hourly rate if you ask. An independent inventory and check-out report are essential evidence: without them a claim against the Deposit is unlikely to succeed.
8.1 We will carry out our work with reasonable care and skill. We cannot guarantee that a Tenant will be suitable, will pay the Rent on time, or will leave when the Tenancy ends, and we are not liable to you if they do not.
8.2 The Rent may be increased only by the statutory notice, no more than once a year. A tenancy agreement cannot provide for a rent review, and a tenant may challenge an increase at the First-tier Tribunal.
8.3 A Tenant may end the Tenancy at any time on two months’ notice. A landlord can no longer end a tenancy by notice alone: section 21 of the Housing Act 1988 has been repealed. Possession may be recovered only by an order of the court, on one or more of the grounds in Schedule 2 to that Act, after a notice under section 8 in the prescribed form. A landlord who intends to sell or to move in must give four months’ notice and cannot rely on those grounds in the first twelve months of a tenancy.
8.4 Under the Let and Collect and Managed services we will serve a section 8 notice on your written instruction. Under Let Only we can do so at our hourly rate. We do not conduct court proceedings, and will not accept service of proceedings on your behalf. Instructing solicitors to recover Rent or possession, and the cost of doing so, is your responsibility. We can introduce a solicitor who specialises in this work, and insurance against lost rent and legal expenses, on request.
8.5 Landlords overseas. If your usual place of abode is outside the United Kingdom, HM Revenue and Customs requires us to deduct tax at the basic rate from the Rent we collect, and pay it over each quarter, unless it has approved you to receive Rent without deduction. Only you can apply for that approval. Each joint owner needs their own.
8.6 Client money. We hold Rent and other client money in a designated client account, and we belong to a client money protection scheme, details of which are on our website and available on request. Any interest earned on client money is retained by us.
9.1 Before a Tenancy has been agreed, you may end our appointment at any time by telling us in writing. Email is sufficient.
9.2 Under the Let and Collect and Managed services, once a Tenancy has begun either of us may end the appointment by giving the other not less than two months’ written notice.
9.3 Exit fee. If you end a Let and Collect or Managed appointment while a Tenant remains in occupation, a single exit fee equal to one month’s Rent, inclusive of VAT, is payable when the appointment ends. Nothing further is payable to us for that Tenancy after that. The same applies if you sell the Property with the Tenant in occupation, unless the buyer appoints us on these terms.
9.4 We may end the appointment at once if we cannot complete the identity checks in clause 12, if you do not meet your legal obligations as a landlord after we have drawn them to your attention, or if continuing would require us to act unlawfully. No exit fee is payable where we end it.
9.5 When the appointment ends we will give you the Tenancy documents and the Tenant’s contact details, and account to you for any money we hold. Where we protected the Deposit, you must take over its protection within fourteen days. Clauses 6 and 8 continue to apply to anything that arose while the appointment ran.
9.6 Your right to cancel. Separately, you have a legal right to cancel this Agreement within fourteen days of the day it is signed by both of us, without giving a reason. To do so, tell us in writing before the fourteen days have passed, by email to contact@brownsresidential.com or by post to Browns, Unit 18 WOW Workspaces, Sandown Road, Watford, Hertfordshire, WD24 7UY.
9.7 We begin work as soon as this Agreement is signed, unless you ask us to wait until the fourteen days have passed. If you cancel after we have begun, you pay for the work done to that point. If a Tenancy we arranged has begun within the fourteen days, our service has been carried out at your request and Commission is payable.
The law places the following on you as landlord. We will advise, and can arrange each item at the charges in clause 6.8, but the responsibility is yours. By signing this Agreement you confirm that the Property complies, or will before a Tenancy begins.
10.1 Gas. Every gas appliance, flue and pipe must be checked each year by a Gas Safe registered engineer. The Tenant must be given the record before moving in, and within 28 days of each later check.
10.2 Electrics. The fixed electrical installation must be inspected and tested by a qualified person at least every five years. The Tenant must be given the report before moving in, and any remedial work it requires must be completed within 28 days, or sooner if the report says so.
10.3 Energy performance. The Property must have a valid Energy Performance Certificate rated E or above, unless a registered exemption applies.
10.4 Alarms. There must be a working smoke alarm on every storey used as living accommodation, and a carbon monoxide alarm in every room with a fixed combustion appliance other than a gas cooker. They must be tested on the day the Tenancy begins, and repaired or replaced once you are told of a fault.
10.5 Furniture. Upholstered furniture and furnishings you supply must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
10.6 Water. You must assess the risk of Legionella in the water system and act on what the assessment finds.
10.7 Repair. Under sections 9A and 11 of the Landlord and Tenant Act 1985 you must keep the Property fit for human habitation, and keep in repair its structure and exterior and the installations for water, gas, electricity, sanitation and heating.
10.8 Licensing. A property let to five or more people forming more than one household needs a licence as a house in multiple occupation, and some local authorities require a licence for other lettings. Obtaining one, and meeting its conditions, is for you.
10.9 Insurance and consents. You must keep the building and your contents insured and tell your insurer that the Property is let. If the Property is leasehold, give us a copy of the lease so the Tenant can be told what it requires.
10.10 Keys and handover. You will supply a full set of keys for each Tenant and, under the Managed service, a further set for us, with the manuals for the appliances. We need at least five working days between one Tenancy and the next.
11.1 We will market the Property at a stated rent. Neither of us may invite or accept an offer above it.
11.2 Neither of us may refuse a prospective tenant because they have children or receive benefits. Referencing looks at whether the rent is affordable, not at where the income comes from.
11.3 No more than one month’s Rent may be taken in advance, and none before the tenancy agreement is signed.
11.4 A Tenant may ask in writing to keep a pet. You must not refuse unreasonably, and must answer within 28 days.
11.5 When the Private Rented Sector Database and the landlord ombudsman scheme come into force, you must register the Property and join the scheme. We will tell you when and how.
11.6 Breaches of the Act carry financial penalties for the landlord and, in some cases, the agent. We will not act on an instruction that would breach it.
12.1 The Money Laundering Regulations 2017 and the Proceeds of Crime Act 2002 require us to verify the identity of every landlord, and of anyone who owns or controls the Property through a company or trust, before we act. This involves photographic identification, such as a passport or driving licence, and proof of address. We also need proof that you own the Property.
12.2 The checks are carried out through a third-party provider. We cannot market the Property until they are complete, and in some circumstances we are required to make a report to the authorities without telling you.
13.1 If we, anyone working at Browns, or anyone connected with us has or seeks an interest in the Property, we will tell you in writing as soon as we know.
13.2 If we receive a fee or commission from a contractor, insurer or other business we recommend to you, we will tell you the amount in writing before you decide whether to use it.
13.3 We own everything we create or commission to market the Property, including photographs, film, floorplans and written descriptions. It may not be reused by you or by another agent without our written permission. We may use it in our own marketing during and after our appointment.
14.1 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit. Your rights as a consumer under the Consumer Rights Act 2015 are not affected.
14.2 You will reimburse us for any loss or cost we incur because information you gave us was inaccurate, or because we acted properly on your instructions, except where it results from our own negligence or breach of this Agreement.
15.1 If something has gone wrong, tell us at contact@brownsresidential.com. We have a written complaints procedure and will send you a copy on request.
15.2 We are a member of The Property Ombudsman and follow its Code of Practice for Residential Letting Agents. If we have not resolved your complaint within eight weeks, or you are not satisfied with our final response, you may refer it to The Property Ombudsman free of charge, within twelve months of that response. Its website is tpos.co.uk.
We use your personal information to carry out this Agreement and to meet our legal obligations. We share it only where that is needed for the letting, for example with the Tenant, the deposit scheme, contractors, the providers of our referencing, identity checks and electronic signatures, HM Revenue and Customs and the local authority. Our privacy notice has the detail and is available on request.
17.1 This Agreement is the whole of what we have agreed about the letting. If these terms and the Confirmation of Instruction differ, the Confirmation of Instruction prevails. Changes must be agreed in writing.
17.2 We may change these terms or our charges by giving you not less than two months’ written notice. If you do not accept the change, you may end the appointment before it takes effect, and no exit fee is payable.
17.3 We may transfer our rights and obligations under this Agreement to another agent by giving you not less than two months’ written notice.
17.4 Notices may be given by email, to the addresses in the Confirmation of Instruction and to contact@brownsresidential.com. This Agreement may be signed electronically.
17.5 No one other than you and us has any right to enforce this Agreement. If any part of it is found to be unenforceable, the rest continues to apply.
17.6 This Agreement is governed by the law of England and Wales, and the courts of England and Wales have non-exclusive jurisdiction over it.
This document contains the terms of the Tenancy. It sets out the promises made by the Tenant to the Landlord and by the Landlord to the Tenant. Read it carefully and thoroughly. Once this Agreement has been signed and dated it is legally binding and may be enforced in court. Make sure that it contains nothing you do not agree with, and everything you want to form part of the Agreement. If you are in any doubt about its content or effect, we recommend that you take independent legal advice before signing.
This Agreement creates an Assured Periodic Tenancy as defined by the Housing Act 1988, as amended by the Renters’ Rights Act 2025. The Tenancy is periodic from the outset. It runs from month to month, has no fixed term and no fixed end date, and continues until the Tenant ends it by a valid notice to quit or the Landlord obtains and executes an order of the court for possession on one or more of the statutory grounds. If you are uncertain about the effect of this type of Tenancy, you should take independent legal advice before signing this Agreement.
This Agreement incorporates the written statement of terms required by Section 16D of the Housing Act 1988 and The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026, which must be provided to the Tenant before the Tenancy is entered into.
Act of Parliament includes amended or replacement legislation, and subordinate legislation made under it.
Agreement means this Tenancy Agreement, being these terms and the Tenancy Particulars.
Check-In Inventory and Schedule of Condition or Inventory means the document drawn up before the commencement of the Tenancy by the Landlord, the Landlord’s Agent or an inventory clerk.
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 or non-payment of rent during the Tenancy.
Deposit Holder, as mentioned in the Prescribed Information attached to this Agreement, is the person, firm or company who holds the Deposit and is a member of the Tenancy Deposit Scheme (“TDS Custodial”) operated by The Dispute Service (TDS), one of the organisations authorised to register Deposits under the Housing Act 2004.
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 any of the fixtures, fittings, furnishings or effects, floor, ceiling and wall coverings.
Insurable Risks means fire, storm, tempest and such other perils as are included in the Landlord’s insurance policy, if effected.
Joint and Several Where the Tenant is more than one person, the Tenant’s covenants are joint and several. Jointly the Tenants are responsible for the payment of all rent and all liabilities falling upon the Tenants during the Tenancy, and 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 includes anyone lawfully entitled to the Premises upon the termination of the Tenancy.
Landlord’s Agent or Agent means Browns Sales and Lettings Ltd (company number 13729338), trading as Browns and Browns Residential.
Permitted Occupier 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.
Premises includes any part or parts of the building, boundaries, fences, garden and outbuildings belonging to the Landlord, unless they have been specifically excluded from the Tenancy.
Relevant Persons, mentioned in the Prescribed Information attached to this Agreement, means any other person or company paying the Deposit on behalf of the Tenant, for example a parent or guarantor.
Rent Period means each monthly period for which the Rent is payable under clause 3, the first Rent Period beginning on the Commencement Date. In accordance with the Renters’ Rights Act 2025, no Rent Period may exceed one calendar month.
Stakeholder 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 the TDS.
TDS means the Tenancy Deposit Scheme operated by The Dispute Service Ltd, as detailed in the Prescribed Information attached to this Agreement.
Tenant includes anyone to whom the Tenancy has been lawfully transferred.
Tenancy means the assured periodic tenancy created by this Agreement, including any continuation of it. The Tenancy has no fixed term, and references to a fixed term, however expressed, shall have no effect.
Water Charges includes sewerage and environmental service charges.
Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes all genders.
The Tenant and the Landlord agree that the laws of England and Wales shall apply to this Agreement.
This Agreement is made on {{agreed}} and is between {{landlords}} (“the Landlord”) and {{tenants}} (“the Tenant”).
It is agreed as follows:
1. The Landlord lets to the Tenant the residential premises known as {{address}} (“the Premises”).
1.1 The following are Permitted Occupiers of the Premises: {{occupiers}}.
2. The Tenancy shall commence on and include {{start}} (“the Commencement Date”), being the date on which the Tenant is first entitled to possession of the Premises under the Tenancy. The Tenancy is an assured periodic tenancy. It shall run from month to month, has no fixed term and no fixed end date, and shall continue until it is ended in accordance with clause 9.6 of this Agreement and the Housing Act 1988 (as amended by the Renters’ Rights Act 2025).
3. The Tenant shall pay to {{payee}} by way of rent the amount of {{rent}} per calendar month (“the Rent”), payable monthly in advance. The first payment shall be made on or before the Commencement Date. Thereafter, payment shall be made on the {{rentday}} of each month.
3.1 In accordance with the Tenant Fees Act 2019 and the Renters’ Rights Act 2025, neither the Landlord nor the Agent will require, encourage or accept payment of more than one month’s Rent in advance, nor accept any payment of Rent before this Agreement has been entered into.
3.2 The Rent may be increased only in accordance with clause 9.7 of this Agreement and Section 13 of the Housing Act 1988.
4. This Agreement creates an assured tenancy as defined by the Housing Act 1988 (as amended by the Renters’ Rights Act 2025) which is periodic from the outset. Assured shorthold tenancies have been abolished and Section 21 of the Housing Act 1988 has been repealed. The Landlord may recover possession of the Premises only by order of the court on one or more of the grounds set out in Schedule 2 to the Housing Act 1988, as explained at clause 9.6.
5. Where the Tenancy includes the Landlord’s Fixtures and Fittings in the Premises, this includes, amongst other things, all matters specified in the Check-In Inventory and Schedule of Condition.
6.1 The sum of {{deposit}} has been paid to the Agent upon the signing of this Agreement by way of a security Deposit (“the Deposit”). In accordance with the Tenant Fees Act 2019, the Deposit does not exceed the equivalent of {{capweeks}} weeks’ Rent ({{capwhy}}).
6.1 No Deposit has been taken for this Tenancy. Clauses 6.2 to 6.10 apply only if a Deposit is taken.
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 person or persons who paid it.
6.2.1 The Agent is a member of the Tenancy Deposit Scheme (“TDS Custodial”) operated by The Dispute Service (“TDS”), which will hold the Deposit throughout the Tenancy.
6.3 The Landlord’s Agent will protect the Deposit within 30 days of the commencement of the Tenancy or receipt of the Deposit, whichever is earlier, and give the Tenant and any Relevant Person a copy of the Prescribed Information together with details of the scheme applicable to the registration of the Deposit.
6.4 Any interest earned on the holding of the Deposit will belong to the Tenancy Deposit Scheme (“TDS Custodial”) operated by The Dispute Service (“TDS”).
6.5 The Deposit has been taken for the following purposes:
6.5.1 Any payments permitted by the Tenant Fees Act 2019 which the Agent or the Landlord is entitled to recover from the Tenant and which remain unpaid.
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.
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.
Adjudicators will consider claims against the Deposit in the order set out in this Agreement. Claims should be itemised clearly and supported by relevant evidence, including check-in and check-out reports, invoices, and photographs where applicable. Any claim not evidenced to the required standard may be reduced or rejected at the adjudicator’s discretion.
6.6 Protection of the Deposit: Tenancy Deposit Scheme, The Dispute Service Ltd, West Wing, First Floor, The Maylands Building, 200 Maylands Avenue, Hemel Hempstead, HP2 7TG. Telephone 0300 037 1001; deposits@tenancydepositscheme.com; www.tenancydepositscheme.com.
6.7 At the end of the Tenancy
6.7.1 The Landlord or the Agent must tell the Tenant as soon as practicable after 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 or the 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 ten 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 TDS to deal with any dispute about the Deposit at the end of the Tenancy.
6.7.4 If, after ten working days following notification of a dispute to the Landlord or the 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.
6.8 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 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 the TDS.
6.9 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’.
6.10 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.
6.11 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 end of the Tenancy shall be deemed to have been abandoned provided that the Landlord shall have used 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 the Landlord 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.
6.11.1 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.
7.1 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.
7.1.2 The Tenant shall pay to the Landlord interest at the rate of 3% per annum above the Bank of England base rate from time to time on any rent or other money payable under this Agreement remaining unpaid for more than 14 days after the day on which it became due.
7.2 Condition 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 Tenancy (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 Tenancy (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 Tenancy. To deliver up the Premises with vacant possession and the Fixtures and Fittings at the end of the Tenancy in the same condition and order as at the commencement of the Tenancy and in accordance with the Tenant’s obligations and to deliver all keys to the Premises to the Landlord or the Landlord’s Agent.
7.2.3 To make good all damages, breakages, and losses to the Premises and its contents that may occur during the Tenancy 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.
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.
7.2.9 To wash and clean all items that may have become soiled during the Tenancy.
7.2.10 To take all appropriate precautions to ensure adequate ventilation to the Premises.
7.2.11 (If applicable) To pay for the emptying of the septic tank or cesspit 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.
7.2.12 (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.
7.2.13 (If applicable) To leave the oil tank filled to the same level at the end of the Tenancy as at the commencement.
7.2.14 (If applicable) To pay to have the oil system and boiler bled if the Tenant allows the oil supply to run out.
7.2.15 To clean and disinfect any and all showerheads in the Premises every six 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 Where notice to end the Tenancy has been served by either party in accordance with clause 9.6, to permit the Premises to be viewed 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 permit the Landlord or the Landlord’s Agent to erect ‘For Sale’ or ‘To Let’ boards at their discretion.
7.3.3 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 indemnify the Landlord for 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 the Tenant’s own 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 the Tenant 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
7.5.1 Not to assign, underlet, 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. Where such consent is given and this Agreement is varied at the Tenant’s request, the Tenant will pay to the Agent a fee of £50 (inclusive of VAT) or, if higher, the Agent’s reasonable costs of varying the Agreement, in accordance with the Tenant Fees Act 2019.
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 without the Landlord’s prior written consent, such consent not to be unreasonably withheld. If the Tenant changes the supplier of the utilities then the Tenant must provide the name and address of the new supplier to the Landlord or the Agent immediately and ensure that the account is returned to the original supplier at the end of the Tenancy. To indemnify the Landlord for any costs reasonably incurred by the Landlord in reinstating the facilities for the supply of utilities commensurate with the facilities that exist as at the Commencement Date.
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 indemnify the Landlord for any 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
7.10.1 Not to keep any pet or other animal at the Premises without the Landlord’s written consent. In accordance with Section 16A of the Housing Act 1988 (inserted by the Renters’ Rights Act 2025), the Tenant may keep a pet at the Premises if the Tenant asks to do so in accordance with that section and the Landlord consents, and such consent is not to be unreasonably refused by the Landlord.
7.10.2 A request for consent must be made in writing and must include a description of the pet. The Landlord will give or refuse consent in writing on or before the 28th day after the date of the request, subject to any extension permitted by Section 16A (for example, where the Landlord reasonably requests further information about the pet, or where the consent of a superior landlord is required).
7.10.3 Where consent is given, it relates only to the pet described in the request. The Tenant shall take reasonable care to prevent damage by the pet, shall keep the Premises free from fleas and other parasites, and shall at the end of the Tenancy return the Premises to the standard of cleanliness recorded in the Check-In Inventory and Schedule of Condition, fair wear and tear excepted, and make good any damage caused by the pet.
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 end of the Tenancy and, in the event that any keys have been lost, pay the reasonable costs incurred in replacing them, in accordance with the Tenant Fees Act 2019.
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 may be 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. Where such consent is given and this Agreement is varied at the Tenant’s request, the Tenant will pay to the Agent a fee of £50 (inclusive of VAT) or, if higher, the Agent’s reasonable costs of varying the Agreement, in accordance with the Tenant Fees Act 2019. This clause is subject to Section 190 of the Equality Act 2010 (see clause 8.7).
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 Tenancy, 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.
7.15.3 If the Premises are vacant for a period of over two weeks, the Tenant 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 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 and 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 a claim that may be brought against the Tenant as a consequence of a breach by the Tenant of any covenant contained in this Agreement. Such loss shall be deemed to include any charges which the Landlord may reasonably incur in connection with proceedings in a court of law against the Tenant but without prejudice to a Tenant’s right to have such costs assessed by the relevant court.
7.19.2 To indemnify the Landlord for any loss incurred by the Landlord or the 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 (if any) 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
7.23.1 The Tenant shall indemnify the Landlord or Landlord’s Agent for any loss arising from the failure of the Tenant to keep a mutually agreed appointment to complete the check-out procedures at the end of the Tenancy which, for the avoidance of doubt, shall include indemnifying the Landlord or Landlord’s Agent for any costs incurred in arranging a second check-out appointment. If the Tenant does not 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 the 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 the Agent any notice of a legal nature delivered to the Premises touching or affecting the Premises, its boundaries or neighbouring properties.
7.25 Head lease
7.25.1 If applicable, to observe all of the non-financial covenants on the part of the Landlord (as lessee under the head lease) as set out in the head lease of the Premises.
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 notify the Landlord or the Agent of any new burglar alarm code immediately and to confirm that notification in writing.
7.27.2 To indemnify the Landlord for any costs that may be incurred by the Landlord arising from the misuse of the burglar alarm by the Tenant, the Tenant’s 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 the Agent of such and shall provide to them upon request copies of any such written communication.
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 Tenancy 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
8.3.1 That the Landlord is the sole or joint owner of the leasehold or freehold interest in the Premises and that all consents necessary to enable the Landlord 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 the Tenant’s 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).
8.5.2 Where there is a relevant gas fitting installed in or serving the Premises, the Landlord shall, in accordance with Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998: (a) ensure that any relevant gas fitting and any flue which serves a relevant gas fitting is maintained in a safe condition; (b) ensure that each appliance and flue to which that duty extends is checked for safety by, or by an employee of, a member of a class of persons approved by the Health and Safety Executive (a Gas Safe registered engineer), at the intervals determined in accordance with those Regulations; and (c) ensure that a record of each such check is made and that a copy of that record is given to the Tenant.
8.5.3 The electrical appliances at the Premises comply with the Electrical Equipment (Safety) Regulations 2016.
8.5.4 In accordance with Regulation 3 of the Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020, the Landlord shall: (a) ensure that the relevant electrical safety standards are met during any period in which the Premises are occupied under the Tenancy; (b) ensure that the relevant electrical installations in the Premises are inspected and tested by a qualified person at least every five years or, if required by the most recent report, earlier; and (c) obtain a report from the person conducting that inspection and test, giving the results and the date by which the next inspection and test is required, and supply a copy of that report to the Tenant.
8.5.5 The Premises are compliant with The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (as amended in 2022) 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.
8.7 Disability-related improvements
8.7.1 In accordance with Section 190 of the Equality Act 2010, where a disabled person (within the meaning of Section 6 of that Act) occupies or intends to occupy the Premises as their only or main home, the Landlord may not unreasonably withhold consent to a request by the Tenant to make an improvement to the Premises which is likely to facilitate the disabled person’s enjoyment of the Premises, having regard to their disability. The rights and obligations conferred by Section 190 do not apply in so far as provision of a like nature is made by this Agreement.
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 Repair and fitness for human habitation
9.2.1 Sections 11 to 16 of the Landlord and Tenant Act 1985 apply to this Agreement. In accordance with Section 11 of that Act, the Landlord is under an obligation: (a) to keep in repair the structure and exterior of the Premises (including drains, gutters and external pipes); (b) to keep in repair and proper working order the installations in the Premises for the supply of water, gas and electricity and for sanitation; and (c) to keep in repair and proper working order the installations in the Premises for space heating and heating water. The Landlord will not accept responsibility for charges incurred by the Tenant that might otherwise be the Landlord’s responsibility, except in the case of an emergency.
9.2.2 In accordance with Section 9A of the Landlord and Tenant Act 1985 (inserted by the Homes (Fitness for Human Habitation) Act 2018), the Landlord is under an obligation to ensure that the Premises are fit for human habitation at the commencement of the Tenancy and throughout the Tenancy, to the extent required by that section.
9.3 Reimbursements
9.3.1 Where the Landlord is entitled to do anything at the cost or expense of the Tenant and thereby incurs a loss, then the Tenant shall pay by way of damages the loss so suffered by the Landlord promptly and when requested so to do, failing which the Landlord may treat that loss as a deductible sum from the Deposit in accordance with clause 6.5 at the end of the Tenancy.
9.4 Data protection and confidentiality
9.4.1 The Tenant’s personal data, which will be processed in the execution of this Agreement, will be handled in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. Further details regarding this processing activity are set out in the associated Privacy Notice, which can be found at www.brownsresidential.com/privacy-policy.
9.5 Council Tax
9.5.1 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.
9.6 Ending the Tenancy
9.6.1 The Tenant may end the Tenancy at any time by serving on the Landlord or the Agent a written notice to quit of at least two months, expiring at the end of a Rent Period. The Landlord may agree in writing to accept a shorter period of notice or a notice expiring on a different day. In accordance with the Renters’ Rights Act 2025, the Landlord may not require a period of notice exceeding two months.
9.6.2 Where the Tenant comprises more than one person, a notice to quit served by any one of them will end the Tenancy for all of them. A notice to quit, once served, may be withdrawn only with the Landlord’s written agreement before it takes effect.
9.6.3 The Tenant shall pay the Rent up to and including the date on which the Tenancy ends and shall deliver up the Premises in accordance with clause 7.2.2.
9.6.4 In accordance with the Housing Act 1988 (as amended by the Renters’ Rights Act 2025), in most circumstances the Landlord can only bring the Tenancy to an end by obtaining an order of the court for possession of the Premises and the execution of that order. If the Landlord seeks to obtain such an order, the Landlord (or, in the case of joint landlords, at least one of them) must usually serve on the Tenant a notice of proceedings for possession under Section 8 of the Housing Act 1988 which, amongst other requirements, must be in the prescribed form and must specify the ground or grounds for possession relied upon under Schedule 2 to that Act. The ground or grounds relied upon will determine the minimum period of notice, if any, that the Landlord must give before proceedings are begun.
9.6.5 Section 21 of the Housing Act 1988 has been repealed and the Landlord cannot serve a ‘no fault’ notice. Nothing in this Agreement creates a fixed term, a minimum term or a break clause, and any term purporting to do so shall have no effect.
9.6.6 Nothing in this Agreement prevents the Landlord and the Tenant from agreeing in writing to a surrender of the Tenancy at any time.
9.7 Rent increases
9.7.1 The Rent may be increased only in accordance with Section 13 of the Housing Act 1988 (as amended by the Renters’ Rights Act 2025). If the Landlord makes a new proposal to increase the Rent, the Landlord must serve on the Tenant a notice in the prescribed form (currently Form 4A) proposing the new rent and giving at least two months’ notice. A rent increase may take effect no more than once in any period of 12 months and only from the beginning of a Rent Period.
9.7.2 The Tenant may refer a proposed new rent to the First-tier Tribunal (Property Chamber) before the date on which it is due to take effect if the Tenant considers that it exceeds the open market rent.
9.7.3 This Agreement contains no rent review mechanism, and any term purporting to provide for an increase of the Rent otherwise than under Section 13 of the Housing Act 1988 shall have no effect.
9.8 Bills and outgoings
9.8.1 No relevant bill payment, that is, a payment in respect of Council Tax, the provision of a utility (electricity, gas or other fuel, or water or sewerage), a television licence, the provision of a communication service, or energy efficiency improvements under a green deal plan, is payable by the Tenant to the Landlord under this Tenancy, whether as part of the Rent or in addition to it, unless expressly stated in the Special Tenancy Conditions. The Tenant is responsible for paying such bills directly to the relevant supplier or authority in accordance with clauses 7.9 and 9.5.
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, the Tenant’s family, friends or visitors; or the insurer pays the costs of re-housing the Tenant.
9.9.2 If the Premises 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 in England and Wales at which notices (including notices in proceedings) may be served upon the Landlord by the Tenant is Browns, Unit 18 WOW Workspaces, Sandown Road, Watford, Hertfordshire, WD24 7UY.
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.
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: {{temail}}. The Tenant may also serve notice by email to the following email address which the Agent or the Landlord has confirmed as being their own: {{lemail}}. Both the Tenant and the Agent or the 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 16:30 then it shall be deemed served that day; or in any other case, the next business day after the day it was sent.
9.11 Jurisdiction
9.11.1 This Agreement will be subject to the jurisdiction of the Courts of England and Wales.
9.12 Statutory rights
9.12.1 Nothing in this Agreement removes, reduces or penalises the exercise of any statutory right of the Tenant or the Landlord. Any term of this Agreement which is inconsistent with the Housing Act 1988 (as amended by the Renters’ Rights Act 2025), the Tenant Fees Act 2019 or any other applicable legislation shall be of no effect to the extent of the inconsistency, and the remainder of this Agreement shall continue in full force.
9.13 Tenancy Particulars
9.13.1 The Tenancy Particulars that accompany these terms, including any Special Tenancy Conditions recorded there, form part of this Agreement.