THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction. The Tenant agrees with the Landlord as follows: 2.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date. 2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date. 2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant. 2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 4% above the Barclays Bank PLC Managed LIBOR (three month) base rate and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rent. 2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end of the Tenancy Period the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment. 2.6 To pay the Deposit on the date hereof. 2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement. 2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts. 2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building. 2.10 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee. 2.11 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if: (a) the damage to a Room was caused by the Tenant to whom that Room is let; (b) all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and; (c) all the tenants entitled to use the Common Parts caused the damage to the Common Parts. 2.12 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the building) to enter the Room and the Apartment at reasonable times: (a) to inspect its condition; (b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building; (c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment (d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers (e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute. 2.13 The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period. 2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested. 2.15 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2. 2.16 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2. 2.17 Not remove any of the Contents from the Room, the Apartment or the Common Parts. 2.18 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner). 2.19 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment). 2.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy 2.21 Not to allow guests to stay more than 2 nights a week 2.22 Not carry on any profession, trade or business whatsoever in the Room or the Apartment. 2.23 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will: (a) not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others; (b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971); (c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person (d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous; (e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required (f) to read the fire procedure/evacuation plan of the building; (g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building; (h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and (i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times (j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation. (k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building. (l) not to tamper with any electrical fittings, fixtures or installations of the building. (m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management. (n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building. (o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect. (p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk 2.24 Not damage or leave in a dirty or untidy state any parts of the Building 2.25 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building. 2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts. 2.27 Not change any of the locks of the Room, Apartment or Common Parts 2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building 2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment. 2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building. 2.31 Not erect any external wireless or television aerial or satellite dish. 2.32 To purchase a TV Licence for the Tenant's personal use in the Room 2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog. 2.34 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force. 2.35 Not obstruct any means of access within the Building. 2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement. 2.37 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded. 2.38 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s). 2.39 Not to use designated fire escapes except for the purposes of emergency escape. 2.40 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail. 2.41 To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord. 2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 2 contracts
Samples: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction10.1. The Tenant agrees with shall –
10.1.1. Be responsible for the maintenance of the interior of the Property and the Tenant irrevocably undertakes to deliver the Property back to the Landlord as follows:
2.1 The Tenant shall accept upon termination of the Room, Lease in the Apartment, the Common Parts and the Building as being in same good and tenantable repair order and condition as at the Tenancy Start Date unless received by the Tenant informs from the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.
2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.
2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below)Commencement Date, and in accordance with the Method Inventory and and the condition apparent during the Occupation Inspection, fair wear and tear excepted;
10.1.2. Not make any alterations or additions whatsoever to the Property without the prior written consent of Rental Payment as set out the Landlord. In the event of the Landlord agreeing to any such alteration or addition to the Property, the Landlord shall be entitled at his sole and absolute discretion, on termination of this Lease Agreement, to require the Tenant to restore the Property at the Tenant’s expense to the same condition it was in prior to such alteration or addition. On termination of the Offer Lease, the Tenant shall be obliged to remove any/or all the alterations, additions or improvements at the Tenant’s cost and shall be obliged to make good any damage incurred by such removal unless otherwise agreed in writing with the Landlord. If the Tenant does not remove all the alterations, additions, or improvements by the Expiry Date, then the remaining items shall become the property of Tenancythe Landlord who shall be entitled to remove and make good the affected areas at the Tenant’s costs or retain such alterations, whether formally demanded additions or notimprovements without compensating the Tenant. The Tenant will not set-off shall have no claim of any amounts against nature whatsoever for any improvements or alterations effected with or without the RentLandlord’s consent. Payments by The Tenant irrevocably waives any Improvement lien that he may have and agrees that he shall have no right to occupy the Property pending the outcome of any legal or other persons dispute that may arise between the parties in respect of any alleged Improvement lien;
10.1.3. Replace at his expense any light bulbs, florescent tubes, florescent starts and tap washers on behalf the Property;
10.1.4. keep all sewerage pipes, water down pipes, guttering, water traps and drains, as applicable, on the Property, free from obstruction and blockage and shall remove, at his cost any blockage or obstruction therein;
10.1.5. keep the grounds of the Property in a clean and tidy condition, free from all litter, and where applicable, the Tenant will trim the xxxxxx regularly, keep the garden and lawn watered (such watering to be considered as if payments from in accordance with the Tenant.prevailing municipal regulations) and cut the grass regularly and to water, weed and generally maintain the flowerbeds;
2.4 If payment of 10.1.6. not cut or remove trees or plants or effect any material alteration to the Rent or any other money due from garden, without the Tenant is lateLandlord’s prior written consent;
10.1.7. keep the electrical, the Landlord reserves the right to charge interest at the rate of 4% above the Barclays Bank PLC Managed LIBOR (three month) base rate water and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rent.
2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, installations in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end of the Tenancy Period the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement.
2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.
2.10 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) the damage to a Room was caused by the Tenant to whom that Room is let;
(b) all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and;
(c) all the tenants entitled to use the Common Parts caused the damage to the Common Parts.
2.12 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the building) to enter the Room and the Apartment at reasonable times:
(a) to inspect its condition;
(b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.
2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested.
2.15 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative working order and clean condition as it is in at the Tenancy Start Date except for condition, fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing conditionexcepted, and shall not make any defect shall be noted in such inventoryadditions or alterations to these installations;
10.1.8. keep the electrified security fence (if any) in accordance with Clause 2.2.
2.16 To maintain the Contents in the Roomgood working order, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear excepted, and free of any vegetation and other foreign objects, that may hinder the operational effectiveness of the installation;
10.1.9. maintain the swimming pool (if any), motor, filtration system and all pool cleaning equipment (if any) in good working order, fair wear and tear excepted, and free from all obstruction and contamination, using and employing the appropriate chemicals. The Tenant should take note that the swimming pool area may not have safety measures restricting access to the pool, and the Inventory provided Tenant should make his own arrangements to the Tenant on moving in to the Room and the Apartment shall be evidence restrict access thereto if necessary;
10.1.10. not place or hang out any articles of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 Not remove any of the Contents from the Room, the Apartment washing clothing or the Common Parts.
2.18 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment).
2.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 Not to allow guests to stay more than 2 nights a week
2.22 Not carry household linen on any professionwindow, trade or business whatsoever in the Room or the Apartment.
2.23 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improperpatio, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will:
(a) not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
(c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person
(d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) not to do or permit any criminal act/offence in balcony or on the premises outside of the Property other than in the place set aside for this purpose;
10.1.11. neither do nor permit to be done in or upon the Property anything which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation.
(k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 Not alter, modify, decorate, add nuisance to or which may in any way interfere with the structure quiet or comfort of neighbours;
10.1.12. not contravene any Law or Regulation (Municipal or otherwise) or Body Corporate Rule, Conduct Rule or any provisions of a Share Block Use Agreement (where applicable). A copy of the Roomcurrent rules governing the Body Corporate, the ApartmentShare Block Scheme or Home Owner’s Association shall, the Contentsif applicable, the Common Parts or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 Not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog.
2.34 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 Not obstruct any means of access within the Building.
2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred be handed by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event compliance therewith is a material term of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevailthis Lease Agreement;
10.1.13. 10.1.14. 10.1.15. 10.1.16 10.1.17. 10.1.18. 10.1.19. 10.1.20.
2.41 To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Lease Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction. The Tenant agrees with the Landlord as followsundertakes:
2.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.
2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.
2.3 To 3.1 to pay the Rent promptly Price on or before the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 4% above the Barclays Bank PLC Managed LIBOR (three month) base rate and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court)Commencement Date. Interest will be charged at the Interest Rate on a daily basis and any unpaid sum due from the Commencement Date until the date of payment, declaring however that in the event the Price remains unpaid fourteen days after the Commencement Date (time being of the essence) then, notwithstanding the provisions of clause 6 below the Landlord may recover terminate this Lease forthwith by giving written notice thereof to the interest as though it were rentTenant.
2.5 To 3.2 to pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end within fourteen days of the Tenancy Period the Tenant has overpaid its proper receipt of written demand
(a) an equitable share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred any sums properly payable by the Landlord to the Crown Estates (or such other body who is entitled to charge the Landlord any sum or sums of money in return for a second stage arrears letter and any further letters permitting the continuing placement of the Trots Scheme on the sea bed) in respect of late payment of Rent or the Trots Scheme (including any other amount due from the Tenant under the terms of the Tenancy Agreement.unoccupied Xxxx Xxxxxxx and/or visitors Xxxx Xxxxxxx);
2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.
2.10 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 To pay a fair and reasonable proportion, (b) an equitable proportion (as determined by the Landlord acting reasonably, ) of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) the damage to a Room was caused by the Tenant to whom that Room is let;
(b) all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; andAnnual Maintenance Charge;
(c) an equitable proportion (as determined by the Landlord acting reasonably) of the Decommissioning Cost (declaring that the Landlord will endeavour to procure that the Decommissioning Cost will be spread so that on an annual basis each Tenant pays an equitable share (as determined by the Landlord acting reasonably) of the estimated Decommissioning Cost based on the likely cost at that time);
3.3 to ensure that the Vessel is insured with a reputable Insurer for all third party risks that a responsible and prudent owner of a similar Vessel would usually insure against to cover the tenants entitled Vessel both on the Mooring Trot, underway, whilst moored or tied up in Fortrose Harbour, during crane in and crane out and onshore for storage for a minimum sum of £2,000,000.00 (or such higher amount as the Landlord may reasonably require from time to time) and if required by the Landlord, to produce at or prior to the Commencement Date documentary proof of such insurance and the terms thereof;
3.4 to provide, at the expense of the Tenant, a strop and pick-up buoy in order to attach the Vessel to the Xxxx Xxxxxxx. The strop and any shackle must be of sufficient strength, quality and durability for use to attach to the Common Parts caused Vessel and shall conform to such reasonable standards set down from time to time by the Landlord regarding these issues and must be maintained at all times in such condition at the expense of the Tenant; declaring that in the event that the Landlord (acting reasonably) considers there to be a breach of the terms of this clause, the Landlord may remove the Vessel from the Xxxx Xxxxxxx if it considers the Vessel's presence could cause damage to the Common Parts.
2.12 To allow Xxxx Xxxxxxx or the Trots Scheme or damage to any adjacent vessels and secure the Vessel in Fortrose Harbour ( or such other place as the Landlord may deem expedient) the Tenant being bound to reimburse to the Landlord on demand all costs reasonably and properly incurred in connection therewith;
3.4.1 to ensure that the pick-up buoy is clearly and indelibly marked with the name, length overall (in metres) and maximum metric weight of the Vessel (or Trot where the rating of the strop meets or exceeds the maximum Trot parameters);
3.4.2 to ensure that those authorised parts of the Vessel over which and to which the strop is led and attached are suitable for purpose and maintained in good working order;
3.4.3 within fourteen days of being notified by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental that the following items are available for collection on the harbour at Fortrose, to health collect the foregoing strop and safety of pick-up buoy from the Landlord or Tenant(s) of the building) to enter the Room and the Apartment harbour after they have been lifted at reasonable times:
(a) to inspect its condition;
(b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.
2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room Sailing Season and rental or other recurring charges during the Tenancy Period, if requested.
2.15 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to return them to the Tenant on moving in to the Room and the Apartment shall be evidence harbour again within fourteen days of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.16 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 Not remove any of the Contents from the Room, the Apartment or the Common Parts.
2.18 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment).
2.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 Not to allow guests to stay more than 2 nights a week
2.22 Not carry on any profession, trade or business whatsoever in the Room or the Apartment.
2.23 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will:
(a) not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
(c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person
(d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation.
(k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 Not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog.
2.34 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 Not obstruct any means of access within the Building.
2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.
2.41 To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlords ensuring that the strop and pick-up buoy comply with the provisions of clause 3.4 and 3.
4.1. In addition, to pay to the Landlord within fourteen days of demand, any extra administrative or actual costs reasonably and properly incurred by the Landlord due, either, wholly or in part, to the failure of the Tenant to comply with the terms of this clause, time being declared to be of the essence. Such extra costs including, but not being restricted to, costs incurred in making good any strop, shackle or pick up buoy which the Landlord, acting reasonably, do not consider fit for purpose or in good and safe working condition; costs incurred in arranging for the collection of the foregoing items from the place they are stored by the Tenant outwith the Sailing Season; extra costs incurred in either cancelling a work boat arranged to complete reconnect the swivel and mooring buoy to any riser forming part of a Xxxx Xxxxxxx or extra costs incurred in employing a dive team to do so and so forth;
3.4.4 not to modify the Xxxx Xxxxxxx in any way without first obtaining the prior written approval of the Landlord (not to be unreasonably withheld or delayed where such modification is necessary to either maintain or improve the Xxxx Xxxxxxx); save in the case of emergency, where, to resolve an incident unsafe situation, such modifications as the Tenant, acting in good faith, considers reasonable may be made, subject to the Landlord being notified in writing of such modification as soon as possible thereafter;
3.5 not to use the Xxxx Xxxxxxx for any vessel other than the Vessel declaring however:
(a) that, subject to obtaining the prior written consent of the Landlord (such consent not to be unreasonably withheld or accident form delayed where the length of the substitute vessel is equal to or less than the Maximum Length and return the displacement of the substitute vessel is equal to or less than the Maximum Displacement and the type, construction, design and configuration of the substitute vessel are acceptable to the Landlord acting reasonably) the Tenant may, for a period of up to one Sailing Season, permit another Club Member to moor a substitute vessel on the Xxxx Xxxxxxx always provided that such Club Member confirm in writing to the Landlord that he/she/they will comply with the terms of this agreement as if that Club Member were infact the Tenant;
(b) where the Tenant has purchased or obtained use of a different vessel to the Vessel and wishes to moor it on the Xxxx Xxxxxxx then, subject to obtaining the prior written consent of the Landlord (such consent not to be unreasonably withheld or delayed where the length of the substitute vessel is equal to or less than the Maximum Length and the displacement of the substitute vessel is equal to or less than the Maximum Displacement and the type, construction, design and configuration of the substitute vessel are acceptable to the Landlord acting reasonably) the Tenant may substitute the substitute vessel for the Vessel;
(c) where details of the Vessel are not known at the time of entering into this Lease then no vessel shall be permitted to use the Xxxx Xxxxxxx until the Landlord has given its prior written consent (such consent not to be unreasonably withheld or delayed where the length of the vessel is less than the Maximum Length and the displacement of the vessel is less than the Maximum Displacement and the type, construction, design and configuration of the vessel are acceptable to the Landlord acting reasonably);
3.6 not to assign, sell or otherwise dispose of or share possession with the Tenant's interest in this Lease without the prior written consent of the Landlord, such consent not to be unreasonably withheld or delayed in the case where:
(i) the assignee is a Club Member;
(ii) the Tenant is not in breach of the terms of this Lease ;
(iii) where the Vessel is to change then the length of the substitute vessel is equal to or less than the Maximum Length and the Maximum Displacement suitable for the Xxxx Xxxxxxx in question and the Landlord, acting reasonably, approves the type, construction, design and configuration of the substitute vessel and the stop and pick up buoy provided by the assignee; and
(iv) the Landlord approves and is party to the written assignation agreement and is provided with a copy thereof for its records; Declaring however that in all cases the Landlord shall be entitled (but not bound) to purchase the interest of the Tenant in this Lease within 6 weeks of the Tenant (or in the case of death of the Tenant, the executor of the Tenant) notifying the Landlord of the details of the proposed assignee and sale price; the price to be paid by the Landlord to be equal to the sale price notified to the Landlord.
2.42 To notify site management3.7 to maintain the Vessel on the Xxxx Xxxxxxx in good seaworthy condition to the reasonable satisfaction of the Landlord, declaring that in the event that the Landlord (acting reasonably) considers there to be a breach of the terms of this clause, the Landlord may remove the Vessel from the Xxxx Xxxxxxx if it considers the Vessel's presence could cause damage to the Xxxx Xxxxxxx, the Trots Scheme or damage to any vessels within the Trots Scheme and secure the Vessel in Fortrose Harbour (or such other place as the Landlord may deem expedient) the Tenant being bound to reimburse to the Landlord on demand all costs reasonably and properly incurred in connection therewith.
3.8 to inform the Landlord in the event that the Xxxx Xxxxxxx is likely to be vacant and not used by the Vessel for any period in excess of seven days, in writingwhich case the Landlord shall be entitled to permit the Xxxx Xxxxxxx, strop and pick up buoy, during any changes period that it is vacant to personal contact details be used either as a visitor's Xxxx Xxxxxxx or by any other vessel belonging to another Club Member, provided the Landlord uses reasonable endeavours to ensure that the length of the vessel using same is equal to or less than the Maximum Length and the displacement of the vessel using same is equal to or less than the Maximum Displacement. The Tenant shall use all reasonable endeavours to give the Landlord at least seven days notice of the date upon which the Tenant anticipates that the Vessel will be returning to and intending to use the Xxxx Xxxxxxx.
3.9 upon receipt of not less than 14 days notice (or in emergency such lesser period as postal addressthe Landlord considers reasonable in the circumstances) to remove the Vessel from the Xxxx Xxxxxxx for such period as the Landlord may specify (the Landlord being bound, email address where the Landlord has been unable to provide a substitute Xxxx Xxxxxxx within the Trot Scheme that the Vessel may use, to use all reasonable endeavours to ensure that such period is as short as is reasonably practicable) so as to enable the Landlord to carry out works to the Xxxx Xxxxxxx or telephone numbersTrots Scheme. Where the Tenant fails to timeously comply herewith (time being declared to be of the essence) it shall be lawful for the Landlord or any person or persons duly authorised by the Landlord to remove the Vessel therefrom and secure the Vessel in Fortrose Harbour (or such other place as the Landlord may deem expedient) the Tenant being bound to reimburse to the Landlord on demand all costs reasonably and properly incurred in connection therewith.
3.10 To pay interest to the Landlord on any sums due to the Landlord by the Tenant at the Interest Rate such interest to commence 14 days after written demand.
3.11 Not to use the Vessel for any purpose other than a private leisure craft and, without prejudice to the foregoing generality, not to use the Vessel for any commercial purpose other than through written permission of the Landlord.
3.12 To ensure that the maximum length of the Vessel does not exceed the Maximum Length;
3.13 To ensure that the maximum displacement of the Vessel does not exceed the Maximum Displacement; declaring that in the event there is any dispute as to the actual displacement of the Vessel then, at the discretion of the Landlord, the Landlord may deem that the actual displacement of the Vessel is not the displacement as indicated by the manufacturer of the Vessel but is the displacement as calculated by reference to a reading taken either at crane in or crane out from the load cell fitted to the crane utilised to lift the Vessel in and out of the water plus a factor of 10%.
3.14 To comply with such rules and regulations regarding the use and operation of the Mooring Trots and the operation of vessels (including tenders) within the waters comprising the Trots Scheme, Fortrose Harbour and the waters usually utilised by members of the Club for sailing, rowing or other activities of the Club as may be imposed by the Club from time to time as detailed on the Club website or posted in the noticeboard within the clubhouse at Fortrose Harbour or otherwise as notified to the Tenant. Also to comply with all rules and regulations in connection with vessels underway within the Trots Scheme, Fortrose Harbour and the waters usually utilised by members of the Club for sailing, rowing or other activities, including without prejudice to the foregoing generality, those in relation to wildlife and particularly dolphins and porpoises.
Appears in 1 contract
Samples: Lease Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction. The Tenant agrees with the Landlord as follows:
2.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.
2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.
2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 43% above the Barclays Bank PLC Managed LIBOR (three month) of Englands base rate and from time to time will be payable on the outstanding amount any rent which is more than 14 days overdue. The interest will be payable from the date payment was on which the rent fell due until the payment date it is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rentpaid.
2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end of the Tenancy Period the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement.
2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.
2.10 2.8 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 2.9 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) the damage to a Room was caused by the Tenant to whom that Room is let;
(b) all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and;
(c) all the tenants entitled to use the Common Parts caused the damage to the Common Parts.
2.12 2.10 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the building) to enter the Room and the Apartment at reasonable times:
(a) to inspect its condition;
(b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 2.11 The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.
2.14 2.12 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested.
2.15 2.13 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good a tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.16 2.14 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and a condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 2.15 Not remove any of the Contents from the Room, the Apartment or the Common Parts.
2.18 2.16 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 2.17 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment).
2.20 2.18 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 2.19 Not to allow guests to stay more than 2 nights a week
2.22 2.20 Not carry on any profession, trade or business whatsoever in the Room or the Apartment.
2.23 2.21 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will:
(a) not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
(c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person
(d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) and seek a court order immediately for immediate vacationpossession.
(k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 2.22 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 2.23 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building.
2.26 2.24 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 2.25 Not change any of the locks of the Room, Apartment or Common Parts
2.28 2.26 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 2.27 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 2.28 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 2.29 Not erect any external wireless or television aerial or satellite dish.
2.32 2.30 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not 2.31 The Tenant must not keep any animalpets or animals at the Property without the prior written consent of the Landlord which must not be unreasonably withheld or delayed. If permission is given, bird, insect or reptile in it may be given on the Room, or condition that the Apartment, except for any guide dogTenant pays an additional reasonable amount towards the deposit.
2.34 2.32 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 2.33 Not obstruct any means of access within the Building.
2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 2.34 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 2.35 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 2.36 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 2.37 To pay on demand, in as far as permitted under the Tenant Fees Act, all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax theron incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations under the Tenancy Agreement.
2.38 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.
2.41 2.39 To report any accident or incident within the property that causes injury to a person, threat of injury to a person, damage to the property or threat of damage to the property to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 2.40 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees Tenants agree to do or not to do. It is important for the Tenant Tenants to understand what he they must or must not do, . If the Tenant breaksTenants break, or does do not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the TenantTenants, or to seek other legal remedies against the TenantTenants, including the possibility of eviction. The Tenant agrees with the Landlord as follows:eviction against one or more of them.
2.1 3.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable Tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.
2.2 3.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.the
2.3 3.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below)Dates, and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off setoff any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 3.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 43% per annum above the Barclays Bank PLC Managed LIBOR (three month) base rate of Nat West Bank and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and shall be compounded monthly, and the Landlord may recover the interest as though it were rent.
2.5 3.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "“Utilities"”) to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 250.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's ’s share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at demand.
3.6 To pay a security Deposit for the end performance of the Tenancy Period Tenant's obligations.
3.7 To pay an administration fee of £35 inc VAT for each letter sent to the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement.
2.8 3.8 To pay the reasonable costs incurred by the Landlord a referral fee of £100.00 inc VAT should it be necessary, in the reasonable opinion of the Landlord, necessary to refer the debt to a solicitor to pursue the matter via the courts.
2.9 3.9 To pay to the Agent a sum equal to the cost of any insurance premium (plus insurance premium tax) which the Agent pays for the provision of tenancy deposit protection under the Tenancy Deposit Scheme as enacted by the Housing Xxx 0000, such payment not to exceed £25.00 (Twenty Five Pounds)
3.10 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.the
2.10 3.11 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 3.12 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its it’s guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) : the damage to a Room was caused by the Tenant to whom that Room is let;
(b) ; all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and;
(c) ; all the tenants entitled to use the Common Parts caused the damage to the Common Parts.
2.12 3.13 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the buildingemergency) to enter the Room and the Apartment at reasonable times:
(a) to times to: inspect its condition;
(b) to ; carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to ; maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to Apartment carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 . The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.
2.14 To provide 3.14 Provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested.
2.15 To maintain 3.15 Maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable Tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2Date.
2.16 To maintain 3.16 Maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.23.2.
2.17 3.17 Not remove any of the Contents from the Room, the Apartment or the Common Parts.
2.18 3.18 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s Tenants student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 3.19 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment).
2.20 3.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 Not to allow guests to stay more than 2 nights a week
2.22 3.21 Not carry on any profession, trade or business whatsoever in the Room or the Apartment.
2.23 3.22 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will:
(a) 3.22.1 not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to othersParts;
(b) 3.22.2 not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);; not use, keep or supply any substance that gives hallucinogenic or similar drug induced effects
(c) 3.22.3 not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person;
(d) 3.22.4 not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;.
(e) 3.22.5 attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) 3.22.6 not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) 3.22.7 not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) 3.22.8 not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) 3.22.9 not to do or permit any criminal act/offence in or on the premises which may be maybe detrimental to the health and safety of the Landlord, other tenant(s) or personnel Personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation.
(k) not 3.23 Not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other the tenant(s) or personnel Personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) 3.23.1 To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 Not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog.
2.34 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 Not obstruct any means of access within the Building.
2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.
2.41 To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction. The Tenant agrees with the Landlord as follows:
2.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.
2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.
2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 43% above the Barclays Bank PLC Managed LIBOR (three month) of Englands base rate and from time to time will be payable on the outstanding amount any rent which is more than 14 days overdue. The interest will be payable from the date payment was on which the rent fell due until the payment date it is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rentpaid.
2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end of the Tenancy Period the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement.
2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.
2.10 2.8 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 2.9 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) the damage to a Room was caused by the Tenant to whom that Room is let;
(b) all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and;
(c) all the tenants entitled to use the Common Parts caused the damage to the Common Parts.
2.12 2.10 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the building) to enter the Room and the Apartment at reasonable times:
(a) to inspect its condition;
(b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 2.11 The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.
2.14 2.12 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested.
2.15 2.13 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good a tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.16 2.14 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and a condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 2.15 Not remove any of the Contents from the Room, the Apartment or the Common Parts.
2.18 2.16 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 2.17 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment).
2.20 2.18 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 2.19 Not to allow guests to stay more than 2 nights a week
2.22 2.20 Not carry on any profession, trade or business whatsoever in the Room or the Apartment.
2.23 2.21 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will:
(a) not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
(c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person
(d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) and seek a court order immediately for immediate vacationpossession.
(k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 2.22 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 2.23 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building.
2.26 2.24 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 2.25 Not change any of the locks of the Room, Apartment or Common Parts
2.28 2.26 Not park any to keep or use a private motor vehicle on any Common Parts, approaches within the boundaries of the City of Nottingham (except that such a vehicle may be used for one journey only at the beginning and end of each academic term for the purpose of transporting that person and his or private roads belonging her belongings to or from the Building, such vehicle then to be removed from and not otherwise kept or used within the City of Nottingham).
2.29 2.27 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 2.28 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 2.29 Not erect any external wireless or television aerial or satellite dish.
2.32 2.30 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not 2.31 The Tenant must not keep any animalpets or animals at the Property without the prior written consent of the Landlord which must not be unreasonably withheld or delayed. If permission is given, bird, insect or reptile in it may be given on the Room, or condition that the Apartment, except for any guide dogTenant pays an additional reasonable amount towards the deposit.
2.34 2.32 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 2.33 Not obstruct any means of access within the Building.
2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 2.34 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 2.35 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 2.36 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 2.37 To pay on demand, in as far as permitted under the Tenant Fees Act, all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax theron incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations under the Tenancy Agreement.
2.38 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.
2.41 2.39 To report any accident or incident within the property that causes injury to a person, threat of injury to a person, damage to the property or threat of damage to the property to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 2.40 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are 3.1 The Tenant shall:
(a) pay the things that Rent in advance by the Tenant agrees Rent Due Date and in the manner specified by the Landlord/agent in writing, if any, without any deductions or abatement whatsoever and to do or reimburse the Landlord for any monies repaid/recouped in respect of Housing Benefit paid during the course of the Tenancy.
(b) register for council tax and all services to the Property in the name of the tenant at the commencement of the Tenancy, pay for them during the period of the Tenancy, not allow anything to dobe done to interfere with the services during the Tenant’s occupation save by agreement with the Landlord and pay promptly all correct accounts at the end of the tenancy following final readings and xxxxxxxx. It If a pre payment meter is important installed, any charges in relation to the removal of the meter at the end of the tenancy will be the responsibility of the tenant even if permission was sought from the landlord for the Tenant to understand what he must or must not do, If installation. These charges will include actual charges from the Tenant breaks, or does not comply with any of these obligations, meter company and admin charges for arranging such works.
(c) Notify the Landlord may be entitled or his agent before any changes are made to claim damages the electric/gas meters.
(d) pay a fair proportion of the administration costs in setting up this tenancy as outlined in the tenant guidance notes.
(e) forward promptly to the Landlord or compensation the Landlord’s Agent any notice or other communication received at the Property relevant to the Property or addressed to the Landlord, for example any application for planning permission or a justices licence or notification of proposed works in the local area.
(f) use and look after the Property furniture, fixtures and fittings, contents and effects in a proper and tenant-like manner throughout the tenancy, not remove any item from the Tenantproperty, keep them clean and in good condition, protect them from destruction or to seek other legal remedies against damage (including damage that might be caused by freezing weather) and return them in their original good clean state (wear and tear excepted) at the Tenant, including end of the possibility of evictionTenancy. The Tenant agrees with is advised to take out and maintain appropriate insurance on all his own furniture, contents and effects in the Property. The tenant should note that the Landlords Insurance Policy will not cover the tenants personal possessions.
(g) not use the Property for any purpose other than as a private residential dwelling.
(h) not compromise or invalidate or do anything which might adversely affect the Landlord’s insurance policy or any insurance policy on the Property or to cause the premiums to be increased above the normal level for a rented property like the Property. In particular, the Property should not be left unoccupied at any time without first securing all windows and doors using all locks and bolts available and setting any burglar alarm fitted to the Property, the Tenant must notify the Landlord as follows:
2.1 The Tenant shall accept if any key or the Room, the Apartment, the Common Parts alarm code is lost/disclosed and the Building as being Tenant must not alter, change or install additional locks or bolts on any doors or windows in good and tenantable repair and condition as about the Property, have any additional keys made for existing locks (save in the event of emergency) or change the alarm code without the formal consent of the Landlord or the Landlord’s Agent.
(i) replace any fuses, light bulbs or fluorescent tubes which fail or glass broken at the Property during the Tenancy Start Date unless at the Tenant informs Tenant’s own expense.
(j) notify the Landlord in writing or the Landlord’s Agent promptly of any defects in electrical problems with wiring, plugs, or appliances, of any loss or damage to the condition and repair within 48 hours of the Tenancy Start Date.
2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.
2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below)Property by fire, and in accordance with the Method of Rental Payment as set out in the Offer of Tenancytheft, whether formally demanded or not. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 If payment of the Rent impact or any other money due event and of any repairs that may be necessary to the Property and for which the Landlord is responsible.
(k) not smoke or permit any other person to smoke at the Property.
(l) not obscure the windows of the Property with anything other than curtains or blinds, not affix or erect any sign , flag, placard, poster or similar item on the outside of or visible from the Tenant is lateoutside of the property, not to erect a satellite dish at the property save with written permission of the Landlord reserves and not hang washing outside the right to charge interest at property save in the rate of 4% above the Barclays Bank PLC Managed LIBOR (three month) base rate and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rentareas designated for this.
2.5 To pay a fair (m) keep the garden and reasonable proportion outside areas of the cost of providing electricity, gas Property (if any) in good seasonal order throughout the tenancy and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if hand them back at the end of the Tenancy Period in good order, including cutting the Tenant has overpaid its proper share grass at appropriate regular intervals, keeping the borders and paths free from weeds, protect and maintain the shrubs, trees and plants growing in the garden (if any) and not cut down, remove or otherwise injure the shrubs, trees and plants growing in the garden (if any) except for appropriate pruning and trimming including the regular cutting of xxxxxx to their existing height and shape at the start of the cost of Utilities the Landlord will repay the Tenant the overpaymenttenancy.
2.6 To pay (n) not have any fires at the Deposit Property and not bring onto or store on the date hereofProperty any coal, fuel or other combustible, inflammable, dangerous or offensive goods, substances or other materials save and except in the area or receptacle set aside for that purpose and described in the inventory.
2.7 To pay (o) keep the reasonable costs incurred by the Landlord for a second stage arrears letter drains and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms sanitary apparatus of the Tenancy Agreement.
2.8 To pay the reasonable costs incurred by the Landlord should it be necessaryProperty, in the reasonable opinion of the Landlordincluding water and waste pipes and ducts, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.
2.10 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) the damage to a Room was free from obstructions caused by the Tenant to whom that Room is let;or the Tenant’s family or guests.
(bp) all the tenants of the Apartment caused the damage not cause a nuisance to the shared facilities in neighbours to the Apartment; and;Property, whether by excessive noise or otherwise.
(cq) all the tenants entitled to use the Common Parts caused the damage to the Common Parts.
2.12 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of formally notify the Landlord or Tenant(s) of the building) to enter the Room and the Apartment at reasonable times:
(a) to inspect its condition;
(b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant Agent if the Property is to statutebe unoccupied for any period in excess of two weeks.
2.13 The Landlord will cause minimum reasonable inconvenience to the Tenant and will(r) not assign, wherever possiblesub-let, carry out the works after the end charge as security, part with or share possession or occupation of the Tenancy Period.
2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested.
2.15 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.16 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 Not remove any of the Contents from the Room, the Apartment or the Common Parts.
2.18 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole Property or any part of the Room Property or Apartment)receive paying guests, save by prior written agreement in the absolute discretion of the Landlord.
2.20 Not to share occupation (s) not keep any pets or animals at the property without the written permission of the Room Landlord.
(t) attend the check-out of the Property with the Landlord and/or the Landlord’s Agent at the end of the tenancy in order to verify the state of the Property and of all furniture, fixtures and fittings, contents and effects listed in the inventory.
(u) comply with any other person than those stated on obligations in any Superior Lease notified at Schedule A and not do or permit anything to be done which under the offer terms of tenancysuch Superior Lease requires the approval of the Superior Landlord without obtaining such approval as well as the approval of the Landlord under this Agreement
2.21 Not (v) permit the Landlord, a Superior Landlord if any, or the Landlord’s Agent or the Superior Landlord’s agent, with or without workmen to allow guests visit, inspect, repair and maintain the Property during reasonable hours provided they have given reasonable formal notice at least 48 hours written notice in advance of the proposed visit and agreed with the Tenant the date and time they intend to stay more than 2 nights a week
2.22 Not carry on any profession, trade visit. It is agreed that notice shall not be required or business whatsoever may be abridged in the Room or event of emergency, as appropriate and that access may be gained by use of management keys in the Apartmentevent that the Tenant is not present at the time of the visit.
2.23 Not use (w) not alter the Room or the Apartment or permit any guest or visitor structure of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor Property in any way and not to re-decorate the property save with the Landlord’s express consent.
(x) not commit any act which maycauses wilful or negligent deterioration of the Property and of the furniture, fixtures and fittings, contents and effects listed in the reasonable opinion inventory or fail to act to prevent or stop further damage being caused.
(y) any act of waste at the property or fail to take appropriate steps to prevent
(z) during the last eight weeks of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant willTenancy permit:
(aaa) not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited visits to the Misuse of Drugs Act 1971);
(c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person
(d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged Property by the Landlord or the Landlord’s Agent and together with any other persons in connection with the local fire brigade as required
(f) to read the fire procedure/evacuation plan re-letting, sale or refurbishment of the building;
(g) not bring shopping trolleys, road signs, or any other article into Property at dates and times mutually agreed with the Building which is not needed for normal residential occupationTenant. If found consent is unreasonably withheld by the Tenant which results in possession of these items the property not being re-let then the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of expect the Tenant to be in cover the Room, the Apartment or the Building without being accompanied by the Tenant at all timesloss of rental income
(j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety a. The erection of the Landlord, other tenant(s) ’s estate agent’s board at the property advertising the property for sale or personnel rent.
3.2 Without prejudice to any right that the Landlord may have to seek possession of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation.
(k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions property and to indemnify claim against the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 Tenant for any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 Not alter, modify, decorate, add to or in any way interfere with the structure of the Roomagreement, the Apartment, the Contents, the Common Parts or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 Not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog.
2.34 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 Not obstruct any means of access within the Building.
2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.
2.41 To report any accident or incident liable to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.follows:
Appears in 1 contract
Samples: Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees Tenants agree to do or not to do. It is important for the Tenant Tenants to understand what he they must or must not do, . If the Tenant breaksTenants break, or does do not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the TenantTenants, or to seek other legal remedies against the TenantTenants, including the possibility of eviction. The Tenant agrees with the Landlord as follows:eviction against one or more of them.
2.1 3.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable Tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.
2.2 3.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.the
2.3 3.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below)Dates, and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off setoff any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 3.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 43% per annum above the Barclays Bank PLC Managed LIBOR (three month) base rate of Nat West Bank and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and shall be compounded monthly, and the Landlord may recover the interest as though it were rent.
2.5 3.5 To pay a fair and reasonable proportion an administration fee of the cost of providing electricity, gas (if any) and water (the "Utilities") £35 inc VAT for each letter sent to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end of the Tenancy Period the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement.
2.8 3.6 To pay the reasonable costs incurred by the Landlord a referral fee of £100.00 inc VAT should it be necessary, in the reasonable opinion of the Landlord, necessary to refer the debt to a solicitor to pursue the matter via the courts.
2.9 3.7 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.
2.10 3.8 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 3.9 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its it’s guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) : the damage to a Room was caused by the Tenant to whom that Room is let;
(b) ; all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and;
(c) ; all the tenants entitled to use the Common Parts caused the damage to the Common Parts.
2.12 3.10 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the buildingemergency) to enter the Room and the Apartment at reasonable times:
(a) to times to: inspect its condition;
(b) to ; carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to ; maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to Apartment carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 . The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.
2.14 To provide 3.11 Provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested.
2.15 To maintain 3.12 Maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable Tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2Date.
2.16 To maintain 3.13 Maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.23.2.
2.17 3.14 Not remove any of the Contents from the Room, the Apartment or the Common Parts.
2.18 3.15 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s Tenants student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 3.16 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment).
2.20 3.17 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 Not to allow guests to stay more than 2 nights a week
2.22 3.18 Not carry on any profession, trade or business whatsoever in the Room or the Apartment.
2.23 3.19 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will:
(a) 3.20.1 not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to othersParts;
(b) 3.20.2 not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);; not use, keep or supply any substance that gives hallucinogenic or similar drug induced effects
(c) 3.20.3 not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person;
(d) 3.20.4 not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;.
(e) 3.20.5 attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) 3.20.6 not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) 3.20.7 not to use or smokesmoke or vape, or allow others to use or smokesmoke , cigarettes, including e-cigarettes or any other form of tobacco including sheeshas vaping in the Apartment Room or the Common Parts; and
(i) 3.20.8 not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) 3.20.9 not to do or permit any act or criminal act/offence in or on the premises which may be maybe detrimental to the health and safety of the Landlord, other tenant(s) or personnel Personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent Landlord reserves the right to serve appropriate notice on the tenant(s) Tenant for immediate vacation.
(k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 Not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog.
2.34 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 Not obstruct any means of access within the Building.
2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.
2.41 To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do7.1. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction. The Tenant agrees with the Landlord as follows:
2.1 The Tenant shall accept the RoomStudio, the ApartmentBuilding Common Parts, the Common Parts and the Building as being in good and tenantable repair and condition and fit for the purposes for which they are let and/or intended to be used as at the Tenancy Start Date commencement of the Term unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Datecommencement of the Term.
2.2 7.2. The Tenant shall accept that all the Contents are present in the Room or the Apartment Studio unless the Tenant informs the Landlord in writing that items are missing from the Inventory inventory within 48 hours of the Tenancy Start Datecommencement of the Term.
2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not7.3. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 4% above the Barclays Bank PLC Managed LIBOR (three month) base rate and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rent.
2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at (or to whosoever the end Landlord shall direct), an administration fee of the Tenancy Period £30 for each letter sent to the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy this Agreement.
2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To 7.4. The Tenant will promptly notify the Landlord of any damage to or defect in the Room Studio and/or the Contents and/or the Apartment and/or the Building.
2.10 To 7.5. The Tenant will operate the Service Media and electrical appliances in the Apartment Studio in accordance with the manufacturer's ’s instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 To 7.6. The Tenant will pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the RoomStudio, the Apartment or the Building Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy this Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) 7.6.1. The Tenant caused the damage to a Room was caused by the Tenant to whom that Room is letStudio;
(b) all 7.6.2. All the tenants of the Apartment Studio caused the damage to the shared facilities in the ApartmentStudio Common Parts; and;
(c) all 7.6.3. All the tenants entitled to use the Building Common Parts caused the damage to the Building Common Parts.
2.12 To 7.7. The Tenant will allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours reasonable written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the buildingemergency) to enter the Room and the Apartment Studio at reasonable timestimes to:
(a) to inspect 7.7.1. Inspect its condition;
(b) to carry 7.7.2. Carry out any necessary repairs or alterations to the Room and/or Apartment Studio and/or Building;
(c) to maintain7.7.3. Maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or ApartmentStudio; and
(d) to carry 7.7.4. Carry out viewings of the Room and/or Apartment Studio with prospective tenants or buyers
(e) for any other purpose connected with tenants. In exercising its right of entry to the management of Studio the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 The Landlord will cause minimum reasonable possible inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy PeriodTenant.
2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the 7.8. The Tenant does not provide such a certificate, the Tenant will shall reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone (if any) in the Apartment or Room Studio and rental or other recurring charges during the Tenancy Period, if requestedTerm.
2.15 To 7.9. The Tenant will maintain the Room andStudio, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date commencement of the Term (except for damage by accidental fire and water from the domestic services infrastructure).
7.10. The Tenant will maintain the Contents in at least as good repair and condition as they are in on the commencement of the Term except for fair wear and tear (and the Inventory inventory provided to the Tenant on moving in to the Room and the Apartment Studio shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2clause 7.2.
2.16 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the 7.11. The Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 Not will not remove any of the Contents from the Room, the Apartment or the Common PartsStudio.
2.18 To 7.12. The Tenant will occupy the Room and the Apartment Studio personally for residential purposes only as and will not occupy the Studio unless he is a student in full time attendance at student of a University in the Cities of Portsmouth or Southampton or a full time student on a recognised course of full time education attending a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time within the Tenant remains liable for all liabilities and rental charges until expiry vicinity of the original term period or upon re-let of the room to another student (whichever occurs sooner)Building.
2.19 Not 7.13. The Tenant will not transfer the tenancy created by this Agreement. The Tenant will not sublet the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge Studio or part with possession or share occupation of the whole Studio or any part of the Room or Apartment)it.
2.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 Not to allow guests to stay more than 2 nights a week
2.22 Not 7.14. The Tenant will not carry on any profession, trade or business whatsoever in the Room or the ApartmentStudio.
2.23 Not 7.15. The Tenant will not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it Studio for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords tenants of the Building or any adjoining premises and in particular, each the Tenant will:
(a) not 7.15.1. Not cause any noise which, if made within the RoomStudio, can be heard outside the Room orStudio.
7.15.2. Not smoke in the Studio, if made within the Building, or the Building Common Parts;
7.15.3. Not to keep in the Studio, the Building or the Building Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
7.15.4. Not to keep in the Studio, the Building or the Building Common parts or use any firearms, knives (c) not other than domestic kitchen knives), or any weapons of any kind;
7.15.5. Not to harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person; and
(d) not keep7.15.6. Not to keep in the Studio, store the Building or the Building Common Parts or use in the Building any gas or oil heater or other fuel burning appliance, appliance including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation.
(k) 7.16. The Tenant will not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building.
2.25 Not 7.17. The Tenant will not alter, modify, decorate, add to or in any way interfere with the structure of the RoomStudio, the Apartment, the Contents, the Common Parts Contents or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw 7.18. The Tenant will not fix or fasten anything whatsoever to the Room or interior of the Apartment Studio in any manner which may damage the structure or decorations decoration of the Studio or to place or fix anything on either side of outside the windows of the Room or the ApartmentStudio.
2.30 Ensure 7.19. The Tenant will deliver the Studio, the Contents and the key to the Studio to the Landlord at the end of the Term in the same condition as recorded in the inventory and, by no later than the end of the Term, clear the Tenant’s own belongings from the Studio. To the extent that the Tenant fails to remove his belongings from the Studio by the end of the Term, the Landlord shall be under no duty of care towards the same and reserves the right to dispose of such belongings as it thinks fit without any liability whatsoever of the Tenant.
7.20. The Tenant will ensure that any refuse is deposited in the receptacles provided for that the purpose in of the Building.
2.31 Not 7.21. The Tenant will not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not 7.22. The Tenant will not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dogStudio.
2.34 Not 7.23. The Tenant will not do anything in the Room or Studio, the Apartment or the Building Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 Not 7.24. The Tenant will not obstruct any means of access within the Building.
2.36 To 7.25. The Tenant will pay on demand all reasonable and proper costs and expenses (including legal costs), unless a Court orders otherwise, and fees payable to a surveyor and any value added tax thereon thereon) incurred by the Landlord in or in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy this Agreement.
2.37 Not to 7.26. The Tenant will not tamper with the Landlord's ’s fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 Should any damage to 7.27. The Tenant will not use the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 To 7.28. The Tenant will comply with any reasonable rules and regulations of the Landlord which may be notified to the Tenant in writing from time to time, time and in the event of conflict between the terms of these Tenancy Conditions this Agreement terms and conditions and any such regulations, the terms of these Tenancy Conditions this Agreement terms and conditions shall prevail.
2.41 To 7.29. The Tenant will report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do7.1. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction. The Tenant agrees with the Landlord as follows:
2.1 The Tenant shall accept the RoomStudio, the ApartmentBuilding Common Parts, the Common Parts and the Building as being in good and tenantable repair and condition and fit for the purposes for which they are let and/or intended to be used as at the Tenancy Start Date commencement of the Term unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Datecommencement of the Term.
2.2 7.2. The Tenant shall accept that all the Contents are present in the Room or the Apartment Studio unless the Tenant informs the Landlord in writing that items are missing from the Inventory inventory within 48 hours of the Tenancy Start Datecommencement of the Term.
2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not7.3. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 4% above the Barclays Bank PLC Managed LIBOR (three month) base rate and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rent.
2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at (or to whosoever the end Landlord shall direct), an administration fee of the Tenancy Period £30 for each letter sent to the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy this Agreement.
2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To 7.4. The Tenant will promptly notify the Landlord of any damage to or defect in the Room Studio and/or the Contents and/or the Apartment and/or the Building.
2.10 To 7.5. The Tenant will operate the Service Media and electrical appliances in the Apartment Studio in accordance with the manufacturer's ’s instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 To 7.6. The Tenant will pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the RoomStudio, the Apartment or the Building Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy this Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) 7.6.1. The Tenant caused the damage to a Room was caused by the Tenant to whom that Room is letStudio;
(b) all 7.6.2. All the tenants of the Apartment Studio caused the damage to the shared facilities in the ApartmentStudio Common Parts; and;
(c) all 7.6.3. All the tenants entitled to use the Building Common Parts caused the damage to the Building Common Parts.
2.12 To 7.7. The Tenant will allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours reasonable written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the buildingemergency) to enter the Room and the Apartment Studio at reasonable timestimes to:
(a) to inspect 7.7.1. Inspect its condition;
(b) to carry 7.7.2. Carry out any necessary repairs or alterations to the Room and/or Apartment Studio and/or Building;
(c) to maintain7.7.3. Maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or ApartmentStudio; and
(d) to carry 7.7.4. Carry out viewings of the Room and/or Apartment Studio with prospective tenants or buyers
(e) for any other purpose connected with tenants. In exercising its right of entry to the management of Studio the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 The Landlord will cause minimum reasonable possible inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy PeriodTenant.
2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the 7.8. The Tenant does not provide such a certificate, the Tenant will shall reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone (if any) in the Apartment or Room Studio and rental or other recurring charges during the Tenancy Period, if requestedTerm.
2.15 To 7.9. The Tenant will maintain the Room andStudio, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date commencement of the Term (except for damage by accidental fire and water from the domestic services infrastructure).
7.10. The Tenant will maintain the Contents in at least as good repair and condition as they are in on the commencement of the Term except for fair wear and tear (and the Inventory inventory provided to the Tenant on moving in to the Room and the Apartment Studio shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2clause 7.2.
2.16 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the 7.11. The Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 Not will not remove any of the Contents from the Room, the Apartment or the Common PartsStudio.
2.18 To 7.12. The Tenant will occupy the Room and the Apartment Studio personally for residential purposes only as and will not occupy the Studio unless he is a student in full time attendance at student of a University in the Cities of Portsmouth or Southampton or a full time student on a recognised course of full time education attending a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time within the Tenant remains liable for all liabilities and rental charges until expiry vicinity of the original term period or upon re-let of the room to another student (whichever occurs sooner)Building.
2.19 Not 7.13. The Tenant will not transfer the tenancy created by this Agreement. The Tenant will not sublet the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge Studio or part with possession or share occupation of the whole Studio or any part of the Room or Apartment)it.
2.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 Not to allow guests to stay more than 2 nights a week
2.22 Not 7.14. The Tenant will not carry on any profession, trade or business whatsoever in the Room or the ApartmentStudio.
2.23 Not 7.15. The Tenant will not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it Studio for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords tenants of the Building or any adjoining premises and in particular, each the Tenant will:
(a) 7.15.1. not cause any noise which, if made within the RoomStudio, can be heard outside the Room orStudio.
7.15.2. not smoke in the Studio, if made within the Building, or the Building Common Parts;
7.15.3. not to keep in the Studio, the Building or the Building Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
7.15.4. Not to keep in the Studio, the Building or the Building Common parts or use any firearms, knives (c) not other than domestic kitchen knives), or any weapons of any kind;
7.15.5. Not to harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person; and
(d) not keep7.15.6. Not to keep in the Studio, store the Building or the Building Common Parts or use in the Building any gas or oil heater or other fuel burning appliance, appliance including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation.
(k) 7.16. The Tenant will not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building.
2.25 Not 7.17. The Tenant will not alter, modify, decorate, add to or in any way interfere with the structure of the RoomStudio, the Apartment, the Contents, the Common Parts Contents or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw 7.18. The Tenant will not fix or fasten anything whatsoever to the Room or interior of the Apartment Studio in any manner which may damage the structure or decorations decoration of the Studio or to place or fix anything on either side of outside the windows of the Room or the ApartmentStudio.
2.30 Ensure 7.19. The Tenant will deliver the Studio, the Contents and the key to the Studio to the Landlord at the end of the Term in the same condition as recorded in the inventory and, by no later than the end of the Term, clear the Tenant’s own belongings from the Studio. To the extent that the Tenant fails to remove his belongings from the Studio by the end of the Term, the Landlord shall be under no duty of care towards the same and reserves the right to dispose of such belongings as it thinks fit without any liability whatsoever of the Tenant.
7.20. The Tenant will ensure that any refuse is deposited in the receptacles provided for that the purpose in of the Building.
2.31 Not 7.21. The Tenant will not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not 7.22. The Tenant will not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dogStudio.
2.34 Not 7.23. The Tenant will not do anything in the Room or Studio, the Apartment or the Building Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 Not 7.24. The Tenant will not obstruct any means of access within the Building.
2.36 To 7.25. The Tenant will pay on demand all reasonable and proper costs and expenses (including legal costs), unless a Court orders otherwise, and fees payable to a surveyor and any value added tax thereon thereon) incurred by the Landlord in or in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy this Agreement.
2.37 Not to 7.26. The Tenant will not tamper with the Landlord's ’s fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 Should any damage to 7.27. The Tenant will not use the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 To 7.28. The Tenant will comply with any reasonable rules and regulations of the Landlord which may be notified to the Tenant in writing from time to time, time and in the event of conflict between the terms of these Tenancy Conditions this Agreement terms and conditions and any such regulations, the terms of these Tenancy Conditions this Agreement terms and conditions shall prevail.
2.41 To 7.29. The Tenant will report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
THE TENANT’S OBLIGATIONS. PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Guarantor and the Tenant to understand what he they must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the TenantTenant and the Guarantor, or to seek other legal remedies against the TenantTenant and the Guarantor, including the possibility of eviction. The Tenant agrees with the Landlord as follows:
2.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.
2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 48 hours of the Tenancy Start Date.
2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant.
2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 4% above the Barclays Bank PLC Managed LIBOR (three month) base rate and from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rent.
2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if gas(if any) and water (the "“Utilities"”) to the Building (such proportion to be determined by the Landlord.) ). The Rent includes the cost of the Landlord providing the Utilities at an allowance of £500.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's Tenants total requirement and may need to be topped up by the payment of additional sums. If the Tenant's Tenants share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end of the Tenancy Period the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment.. The tenant will be notified of their utility usage. The Tenant shall comply with all laws and recommendations of the relevant suppliers relating to the use of those services and utilities
2.6 To pay the Deposit on the date hereof.
2.7 To pay the reasonable costs incurred by the Landlord for a second stage arrears letter and any further letters in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement.
2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts.
2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building.
2.10 To operate the Service Media and electrical appliances in the Apartment in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee.
2.11 To pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Apartment or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any of its guests or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:
(a) the damage to a Room was caused by the Tenant to whom that Room is let;
(b) all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and;
(c) all the tenants entitled to use the Common Parts caused the damage to the Common Parts.
2.12 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the building) to enter the Room and the Apartment at reasonable times:
(a) to inspect its condition;
(b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building;
(c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment
(d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers
(e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute.
2.13 The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.
2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for pay the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested.
2.15 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.16 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2.
2.17 Not remove any of the Contents from the Room, the Apartment or the Common Parts.
2.18 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner).
2.19 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment).
2.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy
2.21 Not to allow guests to stay more than 2 nights a week
2.22 Not carry on any profession, trade or business whatsoever in the Room or the Apartment.
2.23 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants/ landlords of the Building or any adjoining premises and in particular, each Tenant will:
(a) not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others;
(b) not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
(c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person
(d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous;
(e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required
(f) to read the fire procedure/evacuation plan of the building;
(g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building;
(h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and
(i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times
(j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation.
(k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building.
(l) not to tamper with any electrical fittings, fixtures or installations of the building.
(m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management.
(n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building.
(o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect.
(pn) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk
2.24 Not damage or leave in a dirty or untidy state any parts of the Building
2.25 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building.
2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts.
2.27 Not change any of the locks of the Room, Apartment or Common Parts
2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building
2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment.
2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building.
2.31 Not erect any external wireless or television aerial or satellite dish.
2.32 To purchase a TV Licence for the Tenant's personal use in the Room
2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog.
2.34 2.33 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.
2.35 2.34 Not obstruct any means of access within the Building.
2.36 2.35 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.
2.37 2.36 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.
2.38 2.37 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to these circumstances will be borne by the offending Tenant(s).
2.39 2.38 Not to use designated fire escapes except for the purposes of emergency escape.
2.40 2.39 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time, and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.
2.41 2.40 To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.
2.42 To notify site management, in writing, any changes to personal contact details such as postal address, email address or telephone numbers.
Appears in 1 contract
Samples: Assured Shorthold Tenancy Agreement
