Common use of Termination of the Tenancy Agreement Clause in Contracts

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord promptly as soon as she/he becomes aware that she/he will not be able to start or continue his/her course. Failure to notify the Landlord in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, she/he is not eligible to occupy the Accommodation. 7.2 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination 7.3 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy 7.4 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 Unless the tenancy has already started the Tenant may cancel the Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms the booking is complete (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the Tenancy Agreement 7.7 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer 7.8 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period 7.9 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodation) towards the Landlord’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties

Appears in 5 contracts

Samples: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

AutoNDA by SimpleDocs

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or provided the Guarantor. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time by serving notice on the Tenant if: 7.4.1 Any payment to be made by the Tenant is overdue by 21 days or more; or 7.4.2 The Tenant is in serious or persistent breach of any of the Tenant’s obligations; or 7.4.3 The Tenant is not pursuing or intending to pursue a course of study at a University, Higher Education Corporation or Further Education College; or 7.4.4 In the Landlord’s reasonable opinion the health or behaviour of the Tenant constitutes a serious risk to himself or others or to the Landlord’s or other people’s property; or 7.4.5 The Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.5 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 The Landlord shall be entitled to apply to court for termination 7.6 Termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This Tenancy Agreement will not affect the Tenant’s statutory rights or release the Tenant from any liabilities which the Tenant has already incurredincurred before termination. 7.5 7.7 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.8 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms completing the booking is complete process (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.9 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement. 7.7 7.10 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.9) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.11 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.9) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.12 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s and Agent’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.13 The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant’s estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.14 If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. The Tenant will accept the alternative accommodation if it is in the same Building, but the Tenant may reject an offer of alternative accommodation and recover any pre-payments s/he has made to the Landlord if the Landlord fails to provide alternative accommodation in the same Building. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant’s hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Building is situated. Reclaimable travel costs will be limited to travel from the Building to such temporary hotel or bed & breakfast accommodation and from there to the Tenant’s choice of alternative accommodation in the same city as the Building (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement if none is available. 7.15 If the Student is not able to start or continue their course of study because s/he has failed to achieve the required examination results, the Student may apply (by post or by e-mail) to the Agent to be released from this Tenancy Agreement. To be valid under this clause, applications for release must be made within 14 days of the examination results being published, otherwise applications for release will be treated as being made under clause

Appears in 3 contracts

Samples: Student Tenancy Agreement, Student Tenancy Agreement, Student Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or provided the Guarantor. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 7.5 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 7.6 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.7 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms completing the booking is complete process (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.8 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement 7.7 7.9 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.10 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.11 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s and Agent’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these the terms and conditionsof this Tenancy Agreement, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.12 The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant’s estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.13 If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. The Tenant will accept the alternative accommodation if it is in the same Building, but the Tenant may reject an offer of alternative accommodation and recover any pre-payments s/he has made to the Landlord if the Landlord fails to provide alternative accommodation in the same Building. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant’s hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Building is situated. Reclaimable travel costs will be limited to travel from the Building to such temporary hotel or bed & breakfast accommodation and from there to the Tenant’s choice of alternative accommodation in the same city as the Building (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement. 7.14 If the Student is not able to start or continue their course of study because s/he has failed to achieve the required examination results, the Student may apply (by post or by e-mail) to the Agent to be released from this Tenancy Agreement. To be valid under this clause, applications for release must be made within 14 days of the examination results being published, otherwise applications for release will be treated as being made under clause

Appears in 3 contracts

Samples: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or provided the Guarantor. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time by serving notice on the Tenant if: 7.4.1 Any payment to be made by the Tenant is overdue by 21 days or more; or 7.4.2 The Tenant is in serious or persistent breach of any of the Tenant’s obligations; or 7.4.3 The Tenant is not pursuing or intending to pursue a course of study at a University, Higher Education Corporation or Further Education College; or 7.4.4 In the Landlord’s reasonable opinion the health or behaviour of the Tenant constitutes a serious risk to himself or others or to the Landlord’s or other people’s property; or 7.4.5 The Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.5 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 The Landlord shall be entitled to apply to court for termination 7.6 Termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This Tenancy Agreement will not affect the Tenant’s statutory rights or release the Tenant from any liabilities which the Tenant has already incurredincurred before termination. 7.5 7.7 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.8 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms completing the booking is complete process (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.9 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement. 7.7 7.10 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.9) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.11 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.9) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.12 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s and Agent’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.13 The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant’s estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.14 If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. The Tenant will accept the alternative accommodation if it is in the same Building, but the Tenant may reject an offer of alternative accommodation and recover any pre-payments s/he has made to the Landlord if the Landlord fails to provide alternative accommodation in the same Building. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant’s hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Building is situated. Reclaimable travel costs will be limited to travel from the Building to such temporary hotel or bed & breakfast accommodation and from there to the Tenant’s choice of alternative accommodation in the same city as the Building (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement if none is available. 7.15 If the Student is not able to start or continue their course of study because s/he has failed to achieve the required examination results, the Student may apply (by post or by e-mail) to the Agent to be released from this Tenancy Agreement. To be valid under this clause, applications for release must be made within 14 days of the examination results being published, otherwise applications for release will be treated as being made under clause 7.9. The Agent may require the Student to provide such evidence as the Agent reasonably requires in support of the Student’s application for release. If the Agent (acting reasonably) is satisfied that the Student is unable to start or continue their course of study because of examination results, the Student shall be released from their Tenancy Agreement and payments the Student has made will be refunded.

Appears in 3 contracts

Samples: Student Tenancy Agreement, Student Tenancy Agreement, Student Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or provided the Guarantor. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time by serving notice on the Tenant if: 7.4.1 Any payment to be made by the Tenant is overdue by 21 days or more; or 7.4.2 The Tenant is in serious or persistent breach of any of the Tenant’s obligations; or 7.4.3 The Tenant is not pursuing or intending to pursue a course of study at a University, Higher Education Corporation or Further Education College; or 7.4.4 In the Landlord’s reasonable opinion the health or behaviour of the Tenant constitutes a serious risk to himself or others or to the Landlord’s or other people’s property; or 7.4.5 The Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.5 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 The Landlord shall be entitled to apply to court for termination 7.6 Termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This Tenancy Agreement will not affect the Tenant’s statutory rights or release the Tenant from any liabilities which the Tenant has already incurredincurred before termination. 7.5 7.7 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.8 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms completing the booking is complete process (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.9 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement. 7.7 7.10 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.9) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.11 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.9) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.12 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s and Agent’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties.

Appears in 2 contracts

Samples: Student Tenancy Agreement, Student Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or provided the Guarantor. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 7.5 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 7.6 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.7 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms completing the booking is complete process (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.8 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement. 7.7 7.9 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.10 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.11 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodation) towards the Landlord’s and Agent’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.12 The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant’s estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.13 If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. The Tenant will accept the alternative accommodation if it is in the same Building, but the Tenant may reject an offer of alternative accommodation and recover any pre-payments s/he has made to the Landlord if the Landlord fails to provide alternative accommodation in the same Building. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant’s hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Building is situated. Reclaimable travel costs will be limited to travel from the Building to such temporary hotel or bed & breakfast accommodation and from there to the Tenant’s choice of alternative accommodation in the same city as the Building (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement if none is available. 7.14 If the Student is not able to start or continue their course of study because s/he has failed to achieve the required examination results, the Student may apply (by post or by e-mail) to the Agent to be released from this Tenancy Agreement. To be valid under this clause, applications for release must be made within 14 days of the examination results being published, otherwise applications for release will be treated as being made under clause 7.8. The Agent may require the Student to provide such evidence as the Agent reasonably requires in support of the Student’s application for release. If the Agent (acting reasonably) is satisfied that the Student is unable to start or continue their course of study because of examination results, the Student shall be released from their Tenancy Agreement and payments the Student has made will be refunded.

Appears in 2 contracts

Samples: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord promptly as soon as she/he becomes aware that she/he will not be able to start or continue his/her course. Failure to notify the Landlord in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, she/he is not eligible to occupy the Accommodation. 7.2 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement tenancy agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination 7.3 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy 7.4 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 Unless the tenancy has already started the Tenant may cancel the Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms the booking is complete of this Agreement (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the Tenancy Agreement 7.7 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer 7.8 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period 7.9 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available this can be found on requestthe Derwent Students website: xxx.xxxxxxxxxxxxxxx.xxx). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditionsof the Tenancy Agreement, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 8.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 Unless 8.2 The tenancy of the Accommodation shall be an assured shorthold tenancy. If the Landlord or the Agent serves notice on the Tenant has made arrangements with under section 21 Housing Act 1988, the Landlord for late arrival the Landlord shall will be entitled to possession at the end of the tenancy, without having to prove that the Tenant is at fault. 8.3 The Landlord may terminate the Tenancy Agreement without notice to tenancy before the Tenant if the Tenant has not taken up residence within 3 days of the start end of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination 7.3 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy 7.4 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, circumstances listed in grounds 8, 10, 11, 12, 13, 14 14, 15 or 15 in 17 of Schedule 2 of the Housing Act 1988 exists (as amended) apply. These grounds include non- payment, damaging the Accommodation or arises. This will not release the Tenant from its contents, causing a nuisance and failing to comply with any liabilities the Tenant has already incurredof these terms and conditions. 7.5 Unless 8.4 The Tenant may terminate the tenancy has already started before the end of the Tenancy Period by exercising their cancellation rights set out in this clause 8. 8.5 The Tenant may cancel the Tenancy Agreement (or terminate their tenancy by giving written notice to the Landlord written notice of cancellation) at any time during and the 14 days after the date the Landlord confirms the booking is complete (the “Initial Cancellation Period”). If Agent, but the Tenant cancels may incur cancellation Fees and/or continuing liability for Rent as follows: 8.5.1 The Tenant may cancel this Tenancy within 7 working days of the Tenancy Agreement becoming binding in accordance with clause 9.5; 8.5.2 Except where the Tenant has cancelled the Tenancy Agreement in these the circumstances the Landlord will make no charge and will return the Deposit set out in full to the Tenant.clause 8.5.1 above, 7.6 If 8.5.2.1 the Tenant wishes remains liable to cancel their Tenancy Agreement after the Initial Cancellation Period, or once comply with the tenancy obligations, replacement it has started, the Tenant will be liable for cancelled); including the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorterobligation to pay Rent, for the period until a replacement tenant takes over becomes liable to pay it (and for any shortfall in Rent after been let if the Landlord is not able to achieve as much Rent as would have paid if the Tenancy Agreement had not been 8.5.2.2 The Landlord will attempt to re-let the accommodation but it will be the Tenant’s responsibility for payment. to find a replacement, and this 8.5.2.3 If the Landlord finds a replacement tenant is found, the Tenant will be liable for pay the Landlord’s Landlord an administration charges fee of £250.00 for dealing with 50; 8.5.2.4 The Landlord will be entitled to use the changeover, payable within 7 days of invoice or by using the Deposit. On Deposit towards payment of any Rent and Fees that the administration fee Tenant is liable to pay and commencement any damage chargeable to the Tenant; 8.5.2.5 The Landlord will refund to the Tenant any part of the new tenancyDeposit that is not applied towards payment of Rent, the Fees or Damage or otherwise in dispute; 8.5.2.6 The Landlord will release refund to the Tenant from any pre-paid Rent that exceeds the amount required to discharge the Tenant’s liability for rent or chargeable damage. 8.6 The provisions in this Tenancy AgreementAgreement relating to cancellation and termination apply whether or not the Tenant is a student at the time of cancellation or termination. 7.7 8.7 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, Agreement to permit the Tenant will have the right Landlord to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) as an alternative to relocatingremedy or rectify such breach. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the The Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with such transfer. 8.8 If the transfer 7.8 The Landlord reserves the right is not able to provide to the Accommodation, the Landlord will offer the Tenant alternative accommodation of a comparable standard and type as the Accommodation. The Tenant will accept such alternative accommodation. Where alternative accommodation is provided by the Landlord, the Landlord will not be responsible for paying the Tenant’s expenses other than for the cost of the alternative accommodation for the Tenant alone. The Tenant will still be responsible for paying the Rent on the Rent Dates in accordance with this Tenancy Agreement. The Landlord shall also promptly pay to the event that Tenant the reasonable moving expenses into and out of the alternative accommodation and shall make an additional payment of £[35] per week or (part week) weekly in advance for the period the Accommodation is unavailable. The Tenant shall not be required to move back into the Accommodation during assessment periods agreed between the Landlord and the Tenant's educational establishment. A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered unless it is suitably adapted. 8.9 [Applicable to first Nomination Period Only] 8.9.1 Where alternative accommodation is provided because the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always Period, the Tenant will receive a refund of any Rent paid by the Tenant in respect of the period that the Accommodation is unavailable within 5 days of the Tenant shall have moving into the right Accommodation but in any event at the end of the academic term in which the Accommodation is unavailable. 8.9.2 If the Accommodation remains unavailable at the end of the first academic term, the Tenant may terminate this Agreement so long as written notice is served on the Landlord and the Agent to terminate that effect not later than 24 December [ ]. 8.9.3 If the Tenant serves notice under clause 8.9.2, this Tenancy Agreement will end on 24 December [ ] but only if the Tenant pays the Rent payable under this Agreement for the period during the Tenancy Agreement (without having to comply with the conditions in clause 7.6) should that the Accommodation not be available was unavailable. This means that the entitlement to any refund under clause 8.9.1 is cancelled and any refund made to the Tenant is repayable to the Landlord as well as any additional Rent due for a period of more than 4 weeks after the start that period. [Applicable save in respect of the Tenancy first Nomination Period] 7.9 Where, at the Tenant’s request, the Landlord agrees 8.10 Where alternative accommodation is provided to relocate the Tenant to other accommodation owned by the Landlordin accordance with clause 8.9, the Tenant shall pay will still be responsible for paying the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before Rent on the Landlord will give the Tenant keys to the new accommodation) towards the Landlord’s administration and room inspection costs, Rent Dates in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the this Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both partiesAgreement.

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord promptly as soon as she/he becomes aware that she/he will not be able to start or continue his/her course. Failure to notify the Landlord in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, she/he is not eligible to occupy the Accommodation. 7.2 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination 7.3 The Landlord shall be entitled to may terminate the Tenancy Agreement at any time before by serving notice on the Tenant takes possession if: 7.3.1 any payment is overdue by 21 days or more; or 7.3.2 the Tenant is in serious or persistent breach of any of the Accommodation if Tenant’s obligations; or 7.3.3 the Landlord Tenant is reasonably satisfied that not pursuing or intending to pursue a course of study at a University, Higher Education Corporation or Further Education College; or 7.3.4 in the Landlord’s reasonable opinion the health or behaviour of the Tenant constitutes a serious risk to himself or others or to the Landlord’s or other people’s property; or 7.3.5 the Tenant deliberately or recklessly gave false information when applying for a tenancy 7.4 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 Unless the tenancy has already started the Tenant may cancel the Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms the booking is complete (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.5 If the Tenant wishes to cancel their the Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the Tenancy Agreement. 7.7 7.6 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.5) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer 7.8 7.7 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.5) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period 7.9 7.8 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties

Appears in 1 contract

Samples: Student Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 8.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 Unless 8.2 The tenancy of the Accommodation shall be an assured shorthold tenancy. If the Landlord or the Agent serves notice on the Tenant has made arrangements with under section 21 Housing Act 1988, the Landlord for late arrival the Landlord shall will be entitled to possession at the end of the tenancy, without having to prove that the Tenant is at fault. 8.3 The Landlord may terminate the Tenancy Agreement without notice to tenancy before the Tenant if the Tenant has not taken up residence within 3 days of the start end of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination 7.3 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy 7.4 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, circumstances listed in grounds 8, 10, 11, 12, 13, 14 14, 15 or 15 in 17 of Schedule 2 of the Housing Act 1988 exists (as amended) apply. These grounds include non-payment, damaging the Accommodation or arises. This will not release the Tenant from its contents, causing a nuisance and failing to comply with any liabilities the Tenant has already incurredof these terms and conditions. 7.5 Unless 8.4 The Tenant may terminate the tenancy has already started before the end of the Tenancy Period by exercising their cancellation rights set out in this clause 8. 8.5 The Tenant may cancel the Tenancy Agreement (or terminate their tenancy by giving written notice to the Landlord written notice of cancellation) at any time during and the 14 days after the date the Landlord confirms the booking is complete (the “Initial Cancellation Period”). If Agent, but the Tenant cancels may incur cancellation Fees and/or continuing liability for Rent as follows: 8.5.1 The Tenant may cancel this Tenancy within 7 working days of the Tenancy Agreement becoming binding in accordance with clause 9.5; 8.5.2 Except where the Tenant has cancelled the Tenancy Agreement in these the circumstances the Landlord will make no charge and will return the Deposit set out in full to the Tenant.clause 8.5.1 above, 7.6 If 8.5.2.1 the Tenant wishes remains liable to cancel their Tenancy Agreement after the Initial Cancellation Period, or once comply with the tenancy has startedobligations, including the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorterobligation to pay Rent, for the period until a replacement tenant takes over becomes liable to pay it (and for any shortfall in Rent after it has been let if the Landlord is not able to achieve as much Rent as the Tenant would have paid if the Tenancy Agreement had not been cancelled); 8.5.2.2 The Landlord will attempt to re-let the accommodation but it will be the Tenant’s responsibility for payment. to find a replacement, and this must be a full-time University or College student who is reasonably acceptable to the Landlord as a prospective tenant, who is not already renting accommodation from the Landlord; the Landlord will decide promptly whether or not a prospective replacement would be an acceptable tenant; where a nomination agreement exists with an academic institution, the Landlord may decline to accept the replacement student if the academic institution will not agree to the replacement; 8.5.2.3 If the Landlord finds a replacement tenant is found, the Tenant will be liable for pay the Landlord’s Landlord an administration charges fee of £250.00 for dealing with 50; 8.5.2.4 The Landlord will be entitled to use the changeover, payable within 7 days of invoice or by using the Deposit. On Deposit towards payment of any Rent and Fees that the administration fee Tenant is liable to pay and commencement any damage chargeable to the Tenant; 8.5.2.5 The Landlord will refund to the Tenant any part of the new tenancyDeposit that is not applied towards payment of Rent, the Fees or Damage or otherwise in dispute; 8.5.2.6 The Landlord will release refund to the Tenant from any pre-paid Rent that exceeds the amount required to discharge the Tenant’s liability for rent or chargeable damage. 8.6 The provisions in this Tenancy AgreementAgreement relating to cancellation and termination apply whether or not the Tenant is a student at the time of cancellation or termination. 7.7 8.7 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, Agreement to permit the Tenant will have the right Landlord to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) as an alternative to relocatingremedy or rectify such breach. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the The Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with such transfer. 8.8 If the transfer 7.8 The Landlord reserves the right is not able to provide to the Accommodation, the Landlord will offer the Tenant alternative accommodation of a comparable standard and type as the Accommodation. The Tenant will accept such alternative accommodation. Where alternative accommodation is provided by the Landlord, the Landlord will not be responsible for paying the Tenant’s expenses other than for the cost of the alternative accommodation for the Tenant alone. The Tenant will still be responsible for paying the Rent on the Rent Dates in accordance with this Tenancy Agreement. The Landlord shall also promptly pay to the event that Tenant the reasonable moving expenses into and out of the alternative accommodation and shall make an additional payment of £[35] per week or (part week) weekly in advance for the period the Accommodation is unavailable. The Tenant shall not be required to move back into the Accommodation during assessment periods agreed between the Landlord and the Tenant's educational establishment. A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered unless it is suitably adapted. 8.9 [Applicable to first Nomination Period Only] 8.9.1 Where alternative accommodation is provided because the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always Period, the Tenant will receive a refund of any Rent paid by the Tenant in respect of the period that the Accommodation is unavailable within 5 days of the Tenant shall have moving into the right Accommodation but in any event at the end of the academic term in which the Accommodation is unavailable. 8.9.2 If the Accommodation remains unavailable at the end of the first academic term, the Tenant may terminate this Agreement so long as written notice is served on the Landlord and the Agent to terminate that effect not later than 24 December [ ]. 8.9.3 If the Tenant serves notice under clause 8.9.2, this Tenancy Agreement will end on 24 December [ ] but only if the Tenant pays the Rent payable under this Agreement for the period during the Tenancy Agreement (without having to comply with the conditions in clause 7.6) should that the Accommodation not be available was unavailable. This means that the entitlement to any refund under clause 8.9.1 is cancelled and any refund made to the Tenant is repayable to the Landlord as well as any additional Rent due for a period of more than 4 weeks after the start that period. [Applicable save in respect of the Tenancy first Nomination Period] 7.9 Where, at the Tenant’s request, the Landlord agrees 8.10 Where alternative accommodation is provided to relocate the Tenant to other accommodation owned by the Landlordin accordance with clause 8.9, the Tenant shall pay will still be responsible for paying the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before Rent on the Landlord will give the Tenant keys to the new accommodation) towards the Landlord’s administration and room inspection costs, Rent Dates in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the this Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both partiesAgreement.

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

AutoNDA by SimpleDocs

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or provided the Guarantor. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 7.5 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 7.6 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.7 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms completing the booking is complete process (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.8 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement 7.7 7.9 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.10 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.11 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s and Agent’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these the terms and conditionsof this Tenancy Agreement, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.12 The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant’s estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.13 If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. The Tenant will accept the alternative accommodation if it is in the same Building, but the Tenant may reject an offer of alternative accommodation and recover any pre-payments s/he has made to the Landlord if the Landlord fails to provide alternative accommodation in the same Building. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant’s hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Building is situated. Reclaimable travel costs will be limited to travel from the Building to such temporary hotel or bed & breakfast accommodation and from there to the Tenant’s choice of alternative accommodation in the same city as the Building (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement. 7.14 If the Student is not able to start or continue their course of study because s/he has failed to achieve the required examination results, the Student may apply (by post or by e-mail) to the Agent to be released from this Tenancy Agreement. To be valid under this clause, applications for release must be made within 14 days of the examination results being published, otherwise applications for release will be treated as being made under clause 7.8. The Agent may require the Student to provide such evidence as the Agent reasonably requires in support of the Student’s application for release. If the Agent (acting reasonably) is satisfied that the Student is unable to start or continue their course of study because of examination results, the Student shall be released from their Tenancy Agreement and payments the Student has made will be refunded.

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 7.1. The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period Tenant takes occupation if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course, in line with the cancellation policy. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 7.2. The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation without notice to the Tenant if the Tenant has not paid the Deposit, the agreed rent payments, or provided the Guarantor and also in the case of a no show where the Tenant has not taken up residence within 5 days of the start of the Tenancy Period and has not made prior arrangements with the Landlord for late arrival, but the Tenant will be liable for the Rent up to and including the date of termination. 7.3. Unless the Tenant has made arrangements with the Landlord for late arrival Landlord, the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence and has not made payment within 3 7 days of the start of the Tenancy Period payment due date, but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4. The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 7.5. The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 14, 14A, 15 or 15 17 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 7.6. The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.7. Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms the booking is complete (the "Initial Cancellation Period”)) after completing the booking process up until the 1st August. After the 1st August the 14 day cooling off period becomes 7 days. If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.8. If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once after the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) any applicable Fees for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for paymentpayment (replacement tenant is to have paid both deposit and rent payment before termination of tenancy is confirmed). If a replacement tenant is found, the Tenant will be liable for the Landlord’s 's administration charges of £250.00 50.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement. 7.7 7.9. The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s 's request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) as an alternative to relocating. If the relocation is at the Tenant’s 's request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.10. The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.11. Where, at the Tenant’s 's request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodation) towards the Landlord’s 's and Agent's administration and room inspection costs, in accordance with the Landlord’s 's Transfer Policy (available on request)the Landlord's website. The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.12. The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant's estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.13. If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. The Tenant will accept the alternative accommodation if it is in the same Building, but the Tenant may reject an offer of alternative accommodation and recover any pre-payments s/he has made to the Landlord if the Landlord fails to provide alternative accommodation in the same Building. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant's hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Building is situated. Reclaimable travel costs will be limited to travel from the Building to such temporary hotel or bed & breakfast accommodation and from there to the Tenant's choice of alternative accommodation in the same city as the Building (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement if none is available.

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period Tenant takes occupation if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course, in line with the cancellation policy. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation without notice to the Tenant if the Tenant has not paid the Deposit, the agreed rent payments, or provided the Guarantor and also in the case of a no show where the Tenant has not taken up residence within 3 days of the start of the Tenancy Period and has not made prior arrangements with the Landlord for late arrival, but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival Landlord, the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence and has not made payment within 3 7 days of the start of the Tenancy Period payment due date, but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 7.5 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 14, 14A, 14ZA, 15 or 15 17 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. If the Housing Act 1988 is amended or replaced during the tenancy, the Landlord shall be entitled to apply to court for possession on any reasonable ground permitted by law. 7.5 7.6 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.7 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms the booking is complete (the “Initial Cancellation Period”)) after completing the booking process up until the 1st August. After the 1st August before the start of the relevant academic year the 14 day cooling off period becomes 7 days. If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. If the tenancy has started the Tenant has no right to cancel the Tenancy Agreement. If the Tenancy has started or if the Initial Cancellation Period has already passed and the Tenant asks to be moved to a different room, the Tenant has no right to cancel the tenancy agreement for the replacement room. 7.6 7.8 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once after the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) any applicable Fees for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for paymentpayment (replacement tenant is to have paid both deposit and rent payment before termination of tenancy is confirmed). If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges 's reasonable costs of £250.00 for dealing with the changeover, payable within 7 14 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement. 7.7 The 7.9 If the Landlord reserves asks the right Tenant to relocate the Tenant to comparable alternative accommodation during the Tenancy Period Period, this clause applies. 7.9.1 The Landlord will only make such a request where it is reasonable reasonably necessary to do so but, unless so. Examples of when a relocation might be requested include (among other things) (a) to carry out planned maintenance or refurbishment works; (b) to carry out reactive repairs or statutory compliance works; (c) to make the relocation is at best use of rooms adapted for people with disability; (d) to optimise environmental performance by amalgamating partly-occupied flats (e) to treat or restrict the Tenant’s request spread of infestation or because notifiable disease; and (e) in an attempt to resolve inter-tenant disputes. 7.9.2 If the Tenant is in serious or persistent breach moves into alternative accommodation provided by the Landlord, the terms of one or more the tenancy for that accommodation will remain unchanged, except for the location of their obligations in the Tenancy Agreementpremises. The Tenant cannot be required to take accommodation of a lower standard but if the Tenant agrees to do so, the Tenant will have only be charged the right lower room rate. 7.9.3 The Landlord will use reasonable endeavours to terminate assist the Tenancy Agreement (without having to comply Tenant with the conditions move. The Landlord will aim to give the Tenant at least 7 days’ notice before relocating, but notice may be shorter or even none in clause 7.6) as an alternative to relocating. emergency. 7.9.4 If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreementunreasonably refuses to accept comparable alternative accommodation when offered, the Landlord shall will not be entitled liable to charge pay the Tenant a £50 administration fee compensation for dealing with the transferinevitable noise, vibration, dust or temporary interruption to amenities arising from maintenance, repair, refurbishment or statutory compliance work. 7.8 7.10 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.11 Where, at the Tenant’s 's request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 Landlord's reasonable costs (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodation) towards the Landlord’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.12 The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant's estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.13 If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant's hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Accommodation is situated. Reclaimable travel costs will be limited to travel from the Accommodation to such temporary hotel or bed & breakfast accommodation and from there to the Tenant's choice of alternative accommodation in the same city as the Accommodation (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement if none is available.

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or provided the Guarantor. 7.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4 The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 7.5 The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the Accommodation if any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release the Tenant from any liabilities the Tenant has already incurred. 7.5 7.6 The Landlord and the Agent shall not have any liability to the Tenant or the Guarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.7 Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms completing the booking is complete process (the “Initial Cancellation Period”). If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.8 If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord’s administration charges of £250.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement 7.7 7.9 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer. If the Tenant, at their own request, transfers to more expensive accommodation they and their Guarantor shall be liable to pay the higher rent from the date the Tenant is given access to the more expensive accommodation. 7.8 7.10 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.67.8) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period. 7.9 7.11 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodationroom) towards the Landlord’s and Agent’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy ([available on request)]. The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these the terms and conditionsof this Tenancy Agreement, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties. 7.12 The Tenancy Agreement shall terminate if the Tenant dies during the Tenancy Period and the Tenant’s estate shall not be liable to pay the Landlord any Rent or Fees relating to the period after death. 7.13 If the Landlord is not able to provide the Accommodation, the Landlord will use reasonable endeavours to offer the Tenant alternative accommodation of equivalent or better quality at the same price. The Tenant will accept the alternative accommodation if it is in the same Building, but the Tenant may reject an offer of alternative accommodation and recover any pre-payments s/he has made to the Landlord if the Landlord fails to provide alternative accommodation in the same Building. If the Accommodation or a suitable alternative is not available, the Landlord will not be responsible for paying the Tenant’s hotel expenses other than for accommodation in a budget-range (2*) hotel or in bed & breakfast accommodation for up to 2 nights for one person in or as close as possible to the city where the Building is situated. Reclaimable travel costs will be limited to travel from the Building to such temporary hotel or bed & breakfast accommodation and from there to the Tenant’s choice of alternative accommodation in the same city as the Building (mileage chargeable at 40p per mile; public transport at standard class cost). A student whose Tenancy Agreement is for a specially adapted room for reasons related to their disability shall not be required to accept any alternative room offered by the Landlord unless it is suitably adapted and shall be released from their Tenancy Agreement. 7.14 If the Student is not able to start or continue their course of study because s/he has failed to achieve the required examination results, the Student may apply (by post or by e-mail) to the Agent to be released from this Tenancy Agreement. To be valid under this clause, applications for release must be made within 14 days of the examination results being published, otherwise applications for release will be treated as being made under clause

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Termination of the Tenancy Agreement. 7.1 7.1. The Landlord may terminate the Tenancy Agreement at any time before the first day of the Tenancy Period Tenant takes occupation if the Tenant does not achieve the examination results required to start or continue their course of study at their chosen university or college. The Tenant has an obligation to notify the Landlord Agent promptly as soon as shes/he becomes aware that shes/he will not be able to start or continue his/her course, in line with the cancellation policy. Failure to notify the Landlord Agent in good time reduces the possibility of finding a replacement occupier, and may make the Tenant liable to continue paying Rent, even though, as a non-student, shes/he is not eligible to occupy the Accommodation. 7.2 7.2. The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation without notice to the Tenant if the Tenant has not paid the Deposit, the agreed rent payments, or provided the Guarantor and also in the case of a no show where the Tenant has not taken up residence within 3 days of the start of the Tenancy Period and has not made prior arrangements with the Landlord for late arrival, but the Tenant will be liable for the Rent up to and including the date of termination. 7.3. Unless the Tenant has made arrangements with the Landlord for late arrival Landlord, the Landlord shall be entitled to terminate the Tenancy Agreement without notice to the Tenant if the Tenant has not taken up residence and has not made payment within 3 7 days of the start of the Tenancy Period payment due date, but the Tenant will be liable for the Rent up to and including the date of termination. 7.3 7.4. The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Accommodation if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy. 7.4 7.5. The Landlord shall be entitled to apply to court for termination of the tenancy and possession of the 7.6. The Landlord and the Accommodation if Agent shall not have any of the Grounds numbered 2, 8, 10, 11, 12, 13, 14 or 15 in Schedule 2 of the Housing Act 1988 exists or arises. This will not release liability to the Tenant from any liabilities or the Tenant has already incurredGuarantor if the Tenancy Agreement is terminated as permitted by clauses 7.1 to 7.5. 7.5 7.7. Unless the tenancy has already started the Tenant may cancel the their Tenancy Agreement (by giving the Landlord written notice of cancellation) at any time during the 14 days after the date the Landlord confirms the booking is complete (the “Initial Cancellation Period”)) after completing the booking process up until the 1st August. After the 1st August the 14 day cooling off period becomes 7 days. If the Tenant cancels the Tenancy Agreement in these circumstances the Landlord will make no charge and will return the Deposit in full to the Tenant. 7.6 7.8. If the Tenant wishes to cancel their Tenancy Agreement after the Initial Cancellation Period, or once after the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) any applicable Fees for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for paymentpayment (replacement tenant is to have paid both deposit and rent payment before termination of tenancy is confirmed). If a replacement tenant is found, the Tenant will be liable for the Landlord’s 's administration charges of £250.00 50.00 for dealing with the changeover, payable within 7 days of invoice or by using the Deposit. On payment of the administration fee and commencement of the new tenancy, the Landlord will release the Tenant from the their Tenancy Agreement. 7.7 7.9. The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant’s 's request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Tenant will have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) as an alternative to relocating. If the relocation is at the Tenant’s request or because the Tenant is in serious or persistent breach of one or more of their obligations in the Tenancy Agreement, the Landlord shall be entitled to charge the Tenant a £50 administration fee for dealing with the transfer 7.8 The Landlord reserves the right to provide to the Tenant alternative accommodation in the event that the Accommodation is unavailable for the Tenant at the start of the Tenancy Period provided always that the Tenant shall have the right to terminate the Tenancy Agreement (without having to comply with the conditions in clause 7.6) should the Accommodation not be available for a period of more than 4 weeks after the start of the Tenancy Period 7.9 Where, at the Tenant’s request, the Landlord agrees to relocate the Tenant to other accommodation owned by the Landlord, the Tenant shall pay the Landlord a Fee of £50 (payable within 14 days of invoice, and in any event before the Landlord will give the Tenant keys to the new accommodation) towards the Landlord’s administration and room inspection costs, in accordance with the Landlord’s Transfer Policy (available on request7.8). The Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new room for the remainder of the Tenancy Period. The tenancy of the new room will be on these terms and conditions, except for the description of the Accommodation, which shall be amended by a memorandum signed by both parties

Appears in 1 contract

Samples: Assured Shorthold Tenancy Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!