Tenancy Terms and Conditions
IT IS AGREED between the Landlord and the Tenant that the date on which this Agreement shall come into being is the date specified under the Landlord’s signature below and references to the date of this Agreement in this document shall be construed accordingly.
The Landlord and the Management Company are committed to abide by the rules of the National Code of Standards for Larger Developments.
The Tenant will be provided with the site Welcome Guide upon registration.
1. DEFINITIONS AND INTERPRETATION OF THIS AGREEMENT
1.1. The following terms shall have the meanings set out below
International Studentmeans a national of a country who requires a visa to study in the UK.
Internet Usage Policy – means the policy published by the Landlord relating to the Development (and otherwise described by ASK4 in the Internet Services Agreement which shall be provided to the Tenant following their registration for internet services and provided under the student.com portal) and as amended from time to time
Inventory – means the list of Room Items and Shared Items issued by the Landlord to the Tenant in terms of clause 6.
Management Company – means the person or company responsible for letting and managing the Room and the Development
Prescribed Information – means the information required in accordance with The Tenancy Deposit Schemes (Scotland) Regulations 2011
Rent – means the rent payable under this Tenancy Agreement (including the Total Rent on page 1 of this Tenancy Agreement)
Room Items – means those items defined in the Inventory under “Room Items”
Shared Areas – means the common parts of the Flats including (if any) the kitchen/living area, the common hallway to the Room, the store cupboard and any other areas designated as common parts
Shared Items – means those items defined in the Inventory under “Shared Items”
Utilities – Means utilities or the organisations that maintain the infrastructure for services consumed or the services themselves (as the context so demands) including but not limited to gas, electricity, water, sewage and telephone / telecommunications.
Welcome Guide – means the guide published by the Landlord relating to the Development, as amended from time to time
Working Day – means any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in Scotland
1.2. In this Agreement, the terms in bold capitals above on page 1 of this Agreement (‘Tenancy Letter’) have the meanings set out next to them.
1.3. Text in italics set out in boxes in this Agreement is for guidance and information only and does not form part of this Agreement.
1.4. The term the “Landlord” includes not only the company named on the Tenancy Letter but also any other persons or companies who may legally succeed it.
1.5. The term “Management Company” includes not only the company or companies, or person or persons named as such in the Tenancy Letter but also any other persons or companies who at any time may legally succeed them.
1.6. Any reference to Tenancy refers to the tenancy created under this Agreement. Any reference to “you” means the Tenant and any references to “your” means the Tenant’s.
1.7. The headings in this Agreement are for convenience only and shall not be considered when interpreting this Agreement.
1.8. The Rent payable under this Agreement accrues weekly in advance but unless paid in advance for administrative convenience it will be collected by way of the instalments specified in clause 3.1. The total rent for the Tenancy Period is the Total Rent specified in the Tenancy Letter. This figure will include any discount for payment in advance or surcharge for payment by instalments.
1.9. Any provision of this Agreement which is held by any competent authority to be invalid, void, voidable unenforceable or unreasonable (in whole or in part) shall be deemed severable and the other provisions of this Agreement and the reminder of such provisions shall not be affected and shall remain valid and enforceable.
1.10. Any obligation on the Landlord or the Tenant to do any act or thing includes an obligation to take all reasonable steps not to permit or suffer any other person to do any such act or thing.
1.11. Where any party of the Tenancy Agreement comprises two or more persons, all their obligations can be enforced against them jointly and severally or separately as individuals.
1.12. Any reference to a clause is to the relevant clause of this Tenancy Agreement.
2. GRANT OF TENANCY
2.1. The Landlord lets the Room to the Tenant together with the use of the Room Items and (together with other entitled) the Shared Items and those parts of the Flat designated for shared use for the Tenancy Period.
2.2. The total cost of the Room includes a utility guarantee fee of £350, which is included in the first payment of Rent. In order to preserve its policy of providing room rentals inclusive or Utilities costs the Landlord has introduced a Fair Usage Policy. The Fair Usage Policy means that fair use of Utilities is covered by the Landlord whereas usage that amounts to more than £350 per month is not fair usage and is to be paid for by the Tenant (and can, at the Landlord’s option, be taken by the Landlord from the Deposit). Tenants in a flat where aggregate consumption of the Utilities for the period under review exceeds fair use will be charged for the additional consumption at cost. This guarantees that subject to the Fair Usage Policy there will be no increase in the cost of the Room as a result of any increase in utility prices or usage. Accordingly, the Landlord hereby reserves the right to monitor the use of electricity and other utilities by each Room and Flat from time to time. By signing this Tenancy Agreement, the Tenant is held to have been given adequate opportunity to review said Fair Usage Policy and is held to agree that said Fair Usage Policy is fair and reasonable and shall apply to the Tenancy Agreement.
3. RENT AND OTHER CHARGES
The Tenant undertakes:
3.1. to pay Rent in the instalments set out in the Tenancy Letter
3.2. to pay the Rent to the Landlord or as the Landlord otherwise directs at the times and in the manner specified by the Landlord or the Management Company (whether demanded or not);
3.3. That if payment of Rent or any other money due from the Tenant is late, to pay interest at the rate of 3% per annum above the base rate from time to time of National Westminster Bank plc (or such other bank being a member of the London Committee of Clearing Banks as the Landlord may from time to time specify) on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgement by a court or tribunal or other competent authority). Said interest will be charged on a daily basis and shall be compounded monthly;
3.4. To pay to the Landlord an administration fee of not more than £30.00 on each and every occasion when the Rent or any other sum due under this Agreement is not received within 7 days of the due date;
3.5. Not to reduce any payment of Rent by making a deduction from it or by setting any sum off against it for any reason;
3.6. to be responsible for obtaining and paying for any TV licence required for any television (or any other media device) that the Tenant owns and has in the Room or (with others using the same) in the Shared Areas;
3.7. In the event of damage to or being asked to provide any replacement Flat fob or key to pay to the Landlord its reasonable and properly incurred costs for each such item.
4.1. The Deposit will be safeguarded under the terms of the Custodial Tenancy Deposit Scheme (“CTDS”) operated by Computershare Investor Services plc under the name of The Letting Protection Service Scotland (The LPS Scotland).
4.2. The Deposit amount (as defined) must be paid by the Tenant to the Management Company acting on behalf of the Landlord prior to the Tenancy Start Date.
4.3. Within 30 working days of receiving the Deposit the Landlord (or the Management Company) shall provide to the Tenant the Prescribed Information regarding the Deposit.
4.4. The Tenant will not be entitled to any interest payable on the Deposit money.
4.4. At the termination or expiry of this Agreement the Landlord will notify the Tenant of the amount it intends to claim from the Deposit (the ‘Deductions‘), if any the Landlord and Tenant will endeavour to agree the amount of any Deductions and present a joint deposit form to The LPS Scotland. In the event of any dispute The LPS Alternative Dispute Resolution Service will be applied in relation to the sum in dispute.
4.5. The Deposit (or balance thereof remaining), shall be returned to the Tenant within 10 days of the end of the Tenancy Period (however it ends) and vacation of the room by the Tenant or if the matter is referred to The LPS Scotland, within 10 days of the matter being resolved.
4.6. The Tenant will not set-off the Deposit against any payment of Rent due to the Landlord.
5. THE GUARANTOR
5.1. Guarantees and undertakes to pay to the Landlord (and / or the Management Company on the Landlord’s behalf) from the date of this Agreement from time to time the Rent within TEN (10) Working Days of the receipt of a written demand from the Landlord or Management Company addressed to the Guarantor if the Tenant following demand has not paid the amount being demanded when it is due under this Agreement; and
5.2. Shall pay and make good to the Landlord (and / or the Management Company on the Landlord’s behalf) on demand any losses damage, costs and expenses of the Landlord and / or the Management Company arising from or properly incurred as a result of the Tenant breaching the terms of the Tenancy Agreement . Any neglect or forbearance of the Landlord and / or the Management Company in endeavouring to obtain payment of the Rent when it falls due and at any time which may be given to the Tenant by the Landlord shall not release or exonerate the Guarantor or in any way affect the liability of the Guarantor under this Agreement.
5.3. The liability of the Guarantor under clause 5.1 and clause 5.2 shall continue until this Agreement comes to an end and the Tenant is released from the Tenant’s obligations in this Agreement.
5.4. The liability of the Guarantor shall not be affected by:
5.4.1. any time or indulgence by the Landlord (and /or the Management Company) to the Tenant; or
5.4.2. Any delay or forbearance by the Landlord (and / or the Management Company) in enforcing the payments of the rent or the observance or performance of any of the Tenant’s obligations in this Agreement; or
5.4.3. The Landlord (and / or the Management Company) exercising any right or remedy against the Tenant for any failure to pay the Rent or to observe or perform the Tenant’s obligations in this Agreement.
5.5. The Guarantor will ensure that the Tenant pays the Rent and performs and observes in full the Tenant’s obligations under the Tenancy Agreement. If the Tenant does not pay the Rent and/or perform and observe the Tenant obligations, the Guarantor will do so instead, and will reimburse the Landlord for any losses, damages, costs and expenses suffered by or incurred by the Landlord as a result a result of the Tenant’s failure to fulfil its obligations timeously under this Agreement. The Landlord is under no obligation to bring any claims against the Tenant before bringing any action against the Guarantor. The Guarantor must provide a UK address or changes address without notifying the Landlord resulting in the Landlord (and / or the Management Company) spending time tracking the Guarantor down to a new address, the Guarantor will be responsible for any losses, damages, costs and expenses that the Landlord (and / or the Management Company) incurred having to do so.
6. CARE OF THE ACCOMMODATION
The Tenant will:
6.1. Comply with the Landlord’s registration policy (as managed by the Management Company and as amended from time to time). Registration may take place on the start date of this Agreement when the keys can be collected and signed for and other matters relating to registration can be dealt with. If the Tenant is unable to register on this date arrangements can be made for registration on another Working Day by notifying the Management Company 24 hours in advance of the intended date and time of arrival, which should be between 10.00am and 4.00pm, to collect the keys and deal with other matters relating to registration.
|Registration is an operational formality and failure by the Tenant to register or register on time does not change the Tenant’s obligations under this Tenancy Agreement to pay the Rent for the whole of the Tenancy Period.
6.2. Inform the Management Company in writing of any defects in the condition and state of repair of the Room or Shared Areas within 48 hours of the Tenant collecting the keys, failing which the Tenant will be deemed satisfied with the condition and state of the Room and the Shared Areas and to have accepted that the Room and the Shared Areas as all being in good and tenantable repair and condition and fit for the purposes for which they are let to the Tenant.
6.3. Be held to have accepted that the Inventory is true and accurate in all respects and that all items listed in the Inventory are in good condition and repair unless the Tenant notifies the Management Company in writing within 48 hours of the Tenant’s receipt of the Inventory that any items are missing from the Inventory or damaged. The Tenant will (along with the other relevant tenants in respect of any Shared Items) ensure that all items listed in the Inventory shall at the termination or expiry of this Tenancy be returned to the Landlord in no worse condition (fair wear and tear excepted) than as at the Tenancy Start Date.
6.4. Notify the Management Company in writing or by email if intending to leave the Room for a period in excess of 14 consecutive days and will ensure that the Room is left securely locked, windows shut etc and adequately heated to prevent frost damage.
6.5. Not damage the Room or Room Items or items in the Flat or Shared Areas or Development and keep them in a clean and tidy condition and to pay a fair and reasonable proportion, as determined by the Management Company acting reasonably and properly, of the expenses incurred by the Landlord or the Management Company in making good damage to the Room, Room Items, Flat, items in the Flat, Shared Items, Shared Areas or Development and/or replacing any fixture or fitting damaged therein and / or servicing any item which is caused by the act or omission of the Tenant or any failure by the Tenant to observe or comply with their obligations under this Agreement. Unless there is sufficient evidence to the contrary, the expenses referred to in this clause shall be apportioned as if:
6.5.1. the Tenant caused all damage to the Room;
6.5.2. all of the tenants of the Flat jointly caused any damage to the communal areas of the Flat;
6.5.3. all Tenants entitled to use the common parts of the Development caused any damage to the common parts of the Development.
6.6. Not damage, mark or change the decorative finish of the Room or Shared Areas.
6.7. Jointly with the other occupiers keep the Shared Areas and Shared Items in a clean and tidy and hygienic state and dispose of rubbish in accordance with the Landlord’s (and /or the Management Company’s) instructions.
6.8. Not damage, litter, overload or obstruct the use of the Shared Areas or Shared Items.
6.9. Not cause or permit any damage to the Development.
6.10. Not remove any Room Item or Shared Items from the Flat or any Shared Area without the Management Company’s prior written permission.
6.11. Notify the Management Company promptly of all other repairs and/or maintenance work which the Tenant considers necessary to the Room, Flat or Development.
6.12. Not attempt to carry out any repairs or maintenance works to any part of the Development
6.13. Not tamper with or in any way adjust safety devices fitted to any windows in the Development.
|The above clauses are required in the interest of Health and Safety. The Landlord or the Management Company will arrange for any repairs and maintenance.
6.14. Not bring any of the following items into the Flat without written consent of the Management Company: upholstered furniture (such as sofas and armchairs), heating equipment or refrigeration equipment.
|The clause is required in the interests of fire and safety for all the occupiers of the Development
6.15. Not bring into the Development any electrical equipment which is not in good condition, not properly maintained and is not fit for purpose and in the case of all equipment to ensure that it complies with the Electrical Equipment (Safety) Regulations 2016 (and all other applicable electrical safety standards in force from time to time) and carries the “CE” mark. Neither the Landlord nor the Management Company are responsible for any safety testing or the condition of the Tenant’s own personal equipment or any other item brought into the Development by the Tenant. The Tenant must remove from the Development any equipment owned by the Tenant which in the reasonable opinion of the Landlord is unsafe.
6.16. Not mark or label any keys (or any other relevant security device) and to report the loss immediately to the Management Company.
|This is so that if keys etc. are lost they cannot be identified with the Development, Flat or Room to which they belong. Tenants who label keys which identify the Development and are then lost will incur costs of changing all relevant locks in the Development
6.17. Take all reasonable steps to ensure that the Room and the Flat are kept secure from the intrusion of unauthorised persons (for example keeping the door to the Flat closed and shutting/locking windows and doors when the Tenant is out, not propping open any door or window, not allowing non-key holders to follow the Tenant into any building within the Development etc).
6.18. To comply with the Internet Usage Policy. The Landlord reserves the right to terminate such service without compensation to the Tenant for any breach of the Internet Usage Policy.
6.19. The Tenant shall send the Management Company a copy of any notice or other communication affecting the Development within seven days of receipt and shall not take any action regarding such notices or communications without prior written consent of the Management Company.
6.20. Defrost regularly any permitted fridge or freezer to prevent damage and maintain efficiency; and
6.21. Operate all service media and appliances in accordance with the manufacturer’s instructions and not change, damage, alter or interfere with them in way.
6.22. Comply with all regulations issued with regards to environmental efficiency and protection measures including the following measures with regards to water managements:
- compliance with any waste management, recycling, energy conservation, or water conservation programs implemented by the Management Company;
- promptly notify the Management Company of any problems with hot water, air conditioning, or heating systems;
- not to tamper with established temperature setpoints of hot water, air conditioning, and heating systems;
- turn off lights and electronics when leaving the unit for extended periods;
- follow recycling and composting programs including the properly sorting waste into onsite facilities
- properly ventilate the room and notify the Management Company of any non-working fans; and
- promptly report the Management Company of any plumbing leaks, dripping fixtures, or running toilets
6.23. Notify the Management Company promptly in writing of any material changes to the hot water temperature in the Room or the Flat. The Management Company will then have the right to assess the mains boiler temperature and adjust to standard temperature. The Management Company will carry out temperature checks during its regular termly inspections, outside of these inspections it is the Tenant’s responsibility to inform the Management Company of any material changes to the water temperature.
7. PROPER CONDUCT FOR COMMUNAL LIVING
The Tenant will:
7.1. Use the Room and the Shared Areas for their own private residential purposes only;
7.2. Not allow any other person to reside there;
7.3. Not cause any noise which is audible outside of the Room in which it is made;
7.4. Not cause any disturbance distress annoyance or damage to any other occupiers of the Development or their property;
7.5. In co-operation with the tenants for the time being of other parts of the Development keep clean and tidy and clear of rubbish the parts of the Development which the Tenant is entitled to use in common with others and to pay to the Landlord on demand any additional cost for cleaning or clearing of these areas arising from breach of this obligation by the Tenant or his visitors or to pay a proportionate share as determined by the Management Company to the Tenant will also ensure that any items deemed recyclable by the relevant Local Authority are disposed of in accordance with the Local Authority’s policy;
|Please note it is illegal to tamper with Fire Safety Equipment and contravention may result in a fine and/or prosecution
7.6. Not tamper with, misuse or damage any equipment or other things in the Development which are provided by the Landlord or the Management Company in the interests of health and safety of persons in the Development (including but not limited to fire prevention firefighting equipment, fire alarm equipment including smoke alarms, control equipment and fire doors) and not to use any designated fire escape except in an emergency. The build-up of fat and grease on cookers creates a fire hazard and, accordingly, the Tenant must clean cookers and grills on a regular basis to minimise the risk of fire. Due to the risk of fire, the Tenant is not permitted to bring into the Development any chip pan, deep fat fryer, portable heater, radiator or other heating appliance. The Tenant must report immediately to the Management Company if any fire equipment has been used regardless of the circumstances;
7.7 . The Tenant shall not set off a fire alarm at the Development without due cause resulting in attendance of the emergency services or the evacuation of the Development and in the event that the Tenant breaches its obligation under this clause the Tenant shall pay on written demand a reasonable sum to cover any costs properly incurred by the Landlord or the Management Company. If the Tenant responsible cannot be identified, then this fee will be split amongst the smallest number of Tenants that the Management Company in its absolute discretion shall decide;
7.8. Comply (and ensure that visitors comply) with the Management Company’s regulations for the orderly evacuation of the Development in the event of a relevant incident;
7.9. Not exceed a reasonable number of persons in the Room or Flat at any time that shall, amongst other things, hinder evacuation in the case of fire or other emergency;
7.10. Not prepare or cook food anywhere other than the kitchen in the Flat and not to keep or use any deep fat frying equipment anywhere in the Flat;
7.11. Not keep or use candles or other devices with naked flames anywhere in the Development;
7.12. Comply with any policies, procedures and regulations issued from time to time by the Landlord and/or the Management Company in connection with the use of the Shared Areas and/or Shared Items and the Development generally (including but not limited to privacy, insurance and health and safety requirements);
7.13. Not affix any notice poster or similar article anywhere in the Development except on the notice boards (if any) provided making good any damage or paying the Landlord’s reasonable costs for failure to comply;
7.14. Comply with all relevant legislation and other legal requirements in connection with the Tenant’s use and occupation of the Flat and general conduct in the Development;
7.15. Not sub-let or assign the whole (or any part) of the Room or any of the Tenant’s rights under this Agreement nor part with possession or share occupation of the Room without the written consent of the Management Company and where such written consent is given enter into such agreements (and procure that the incoming tenant enters into such agreements and provides a guarantor where required) as the Management Company shall reasonably decide and for which there will be a minimum administration fee of £50;
|Sub-letting means renting the Room to another person or persons. Assigning means transferring rights under this Agreement to another person or persons.
7.16. Use best endeavours to ensure that their visitors to comply with clauses 6 and 7 of this Agreement headed “Care of the Accommodation” and “Proper Conduct for Communal Living” and any policies, procedures and regulations issued from time to time by the Landlord and/or the Management Company. The Tenant further agrees that he / she will be responsible for the conduct of such visitors;
7.17. Attend any fire training sessions arranged by the Management Company;
7.18. Not smoke or use electronic cigarettes, vaping devices or shisha pipes in any part of the building(s) at the Development;
7.19. Not bring into or allow to be stored or kept or used within the Room, Flat or Development and to report to the Management Company immediately on becoming aware of the presence and/or use of:
7.19.1. any liquid, petroleum or gaseous fuel, noxious or explosive substances or gas, paraffin or gas heaters cookers, candles or other naked flame devices or consumables.
7.19.2. any firearms, knives (other than domestic kitchen knives) or any weapons of any kind including any replicas; or
7.19.3. any drugs or substance the possession of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971 or the Psychoactive Substances Act 2016);
7.20. Not without the Management Company’s prior written consent bring or keep any animal or pet of any description onto the Development;
7.21. Not commit any form of harassment on the grounds of race, religion, sex or disability or any other grounds whatsoever to any other tenant or visitor of the Development or to any owner or occupier of any neighbouring property;
7.22. Not to alter or add to the Room, Flat or Development nor re-decorate any part of it nor allow anyone else to do so.
7.23. Not use the Room, Flat or Development or any part of the Development for any of the following, nor allow anyone else to do so:
7.23.1. activities which are dangerous, offensive, noisome (including the playing of loud music at any time) illegal or immoral or which are or, in the Management Company’s reasonable opinion) may become a nuisance or annoyance or a breach of privacy to the Landlord or the other tenants of the Development or any other person;
7.23.3. the running of a trade, profession or business from the Room or any part of the Development (including using the address of the Room, Flat or Development for the issue of circulars or business announcements) or bringing any guest or visitor operating in a commercial capacity into the Development without the Management Company’s prior written consent.
7.24. Not to act or fail to act in any way which will or may result in any policy of insurance against damage by fire or other insured risk effected on the Development by the Landlord becoming void or voidable or whereby the premium therein may be increased.
7.25. Not install any wireless or television pole, aerial, satellite dish or apparatus on any external face of the Development.
7.26. Not abuse, threaten, harass or commit any violence against the Management Company or any of their respective officers, staff, contractors or any other persons attending the Development or act in any other or permit any visitor to the Development to act in a manner which can be construed as “antisocial behaviour” in terms of the Antisocial Behaviour etc (Scotland) Act 2004;.
7.27. Not expose or allow to be hung any laundry washing or other items so as to be visible from outside the rooms of the Flats and not dry clothes on the storage heaters;
7.28. Not allow to be hung any flags, banners or notices so as to be visible within the Development (including but not limited to outside the Rooms or the Flat);
7.29. Not to obstruct any means of access to or within the Development;
7.30. Not to keep or store any bicycle within the Room or Flat;
7.31. Not use a car or motorbike in conjunction with their occupation of the Rooms or the Flat except at the beginning and end of each academic term for the purpose of loading and unloading belongings or in emergency or in exceptional circumstances approved by the Management Company; and
7.32. To comply with all written notices and/or regulations issued by the Management Company in relation the use of vehicles by the Tenant and at the Development. Failure to comply may result in termination of this Agreement.
8. ACCESS BY THE LANDLORD
The Tenant must permit the Landlord and/or the Management Company with any necessary contractors and equipment to enter the Flat and the Room at all reasonable times upon 24 hours’ prior notice, or in the event of an emergency at any times without notice causing as little inconvenience to the Tenant as reasonably practicable:
8.1. To carry out the services required under this Agreement;
8.2. To show the accommodation to prospective tenants;
8.3. To examine the state and condition of the Flat and the Room and the Shared Items;
8.4. To carry out any repairs that are reasonably necessary pursuant to the Landlord and/or Management Company’s responsibilities under this Agreement or by statute; and
8.5. To carry out repairs to the Flat and the Room or the Development that can only be carried out by having access to the Flat and the Room it or for any other reasonable purpose in connection with the management of the Development.
9. ALTERNATIVE ACCOMMODATION
The Landlord reserves the right during the Tenancy Period to move the Tenant to alternative accommodation (which may be in a hotel) only for the purpose of carrying out emergency repairs to the Room and / or the Flat and / or the Development or if the Landlord (or the Management Company) reasonably considers it necessary or desirable for the better management of the Development.
9.1. The Tenant is given reasonable notice (except in an emergency);
9.2. The Landlord will use its reasonable efforts to ensure that the alternative accommodation is as close as reasonably possible to the Development and the following provisions are made as a minimum to ensure that the Tenant is not disadvantaged:
- If the alternative accommodation does not have access to appropriate self-catering facilities, then a reasonable meal allowance will be provided;
- If time spent in the alternative accommodation exceeds more than 14 days, and no laundry facilities are provided, the provider will pay for laundry costs that are reasonably and properly incurred (subject to any reasonable expenses limits set by the Landlord);
- When the Tenant transfers from the alternative accommodation to the Room, an appropriate removal service will be provided to move the Tenant’s belongings or appropriate removal costs will be reimbursed against submitted receipts;
- Additional out-of-pocket expenses reasonably and properly incurred by the Tenant as a direct result of taking up the alternative accommodation will be reimbursed against submitted invoices (subject to any reasonable expenses limits set by the Landlord);
- Where the Tenant’s original offer included access to WIFI, a similar service should be supplied to them within the alternative accommodation free of charge or the cost of such service will be reimbursed (subject to any reasonable expenses limits set by the Landlord); an
9.3. The Tenant will occupy the alternative accommodation on the same terms as this Agreement (including the Rent payable).
10. AT THE END OF THIS AGREEMENT
When this Agreement comes to an end (however that may be) or on the Tenant’s deciding to vacate the Room if before the end of the Tenancy Period the
10.1. Vacate the Room and remove all of their belongings from the Development and leave the Room and the Room Items in the same clean state and condition as they were at the beginning of the Tenancy Period. If the Tenant fails to remove any of their property from the Development within seven days after this Agreement coming to an end then the Landlord may sell such property (the Landlord being under no duty of care towards such property and reserving the right to dispose of such property as it thinks fit and without liability to the Tenant in so doing) and the Tenant will indemnify the Landlord against any liability to any third party whose property is sold by the Landlord in the mistaken belief that such property belonged to the Tenant. If after 6 months, the sale proceeds have not been claimed by the Tenant the Landlord shall be entitled to keep them absolutely. The Landlord shall be entitled to recover from the Tenant (or, at the Landlord’s discretion, deduct from the sale proceeds) the reasonable costs incurred by the Landlord in connection with the moving, storage and sale of any such property.
10.2. Jointly with the other occupiers ensure that the Shared Areas and Shared Items are left in the same clean state and condition as they were at the start of the Tenancy Period.
10.3. Ensure that any Room Items or Shared Items which have been moved during the Tenancy Period are returned to the rooms or places they were in at the start of the Tenancy Period.
10.4. Give to the Landlord and/or the Management Company all relevant keys, door entry fobs and bollard keys etcetera and for any such item not returned the Tenant will pay to the Landlord and/or the Management Company a reasonable administration and replacement charge as set out in clause 3.7
10.5. The termination or surrender of this Agreement does not cancel any outstanding obligation which the Tenant owes the Landlord.
Notwithstanding the foregoing, the Tenancy End Date (provided the Agreement has not previously been terminated and the Tenant is still in occupation) the Tenant shall remove from and vacate the Room and the Development without any legal warning or process of removal.
11. COSTS RELATED TO BREACHES OF THIS AGREEMENT OR RECOVERING POSSESSION
- Within 7 days of written demand the Tenant shall reimburse the Landlord and/or the Management Company for any reasonable and proper costs and expenses (which must be reasonable both in amount and in nature) which the Landlord or the Management Company has incurred, where the Tenant has not carried out their responsibilities under this Agreement. The Landlord and/or the Management Company is within its rights to recover any of these amounts from the Deposit and/or by any claims against the Tenant via a Court or Tribunal.
- If the Landlord or the Management Company (acting reasonably) considers that the Tenant is jointly responsible (i.e. together with others) for a breach of this Agreement, then the Tenant shall bear a proportion of the reasonable and proper costs and expenses incurred in accordance with clause 11.1. The proportion will be determined by the Landlord or the Management Company absolutely but acting reasonably and the Tenant shall reimburse the Landlord or the Management Company (as applicable) for such cost within 7 days of the written demand.
- If the Landlord commences court proceedings against the Tenant due to any breach of this Agreement by the Tenant, the Landlord is within its rights to request the Court to award any reasonable damages for losses it incurs and also any costs which the Landlord and / or the Management Company incurs in connection with any such breach.
12. LANDLORD’S RIGHTS TO END THE TENANCY BEFORE THE EXPIRY OF THE FIXED RESIDENTIAL PERIOD
It is agreed between the Landlord and the Tenant that if any of the following happens:
12.1. You have not paid Rent or other money due under this Agreement within 14 days after it is due; or
12.2. You or anyone acting on your behalf provided references which are false or misleading; or
12.3. You become bankrupt, your belongings are seized by bailiffs or you enter into a voluntary arrangement with the people that you owe money to; or
12.4. You break or breach or fail to perform or observe any condition of or Tenant’s obligation contained in this Agreement; or
12.5. You leave the Room empty for more than 28 days (without the Management Company’s prior consent) or it seems to the Management Company (acting reasonably) that you have abandoned the Room;
12.6. you are not a registered and matriculated student in full time education with a University or your studies at the University otherwise cease; or
12.7. you have an unspent criminal conviction; or
12.8. any false statement has been made to the Landlord or the Management Company knowingly or recklessly by (a) the Tenant or (b) a person acting on behalf of the Tenant’s instigation,
In any of the cases described in clauses 12.1 to 12.8 (inclusive) the Landlord shall be entitled to irritate this Tenancy, terminate your tenancy immediately and recover possession of the Room and all other parts leased to you and that without prejudice to any right of action or remedy of the Landlord in respect of any previous breach of the Tenant’s or the Guarantor’s obligations under this Agreement.
12.9. Further, the Landlord hereby gives notice to the Tenant, and the Tenant, by its execution hereof, confirms having received such notice and accepts the position disclosed in this paragraph, that the Room and the Development are subject to a heritable security granted before the Tenancy Agreement was entered into and that possession of the Room and/or the Development may be recovered by the creditor by under such heritable security in the event of default by the debtor under such heritable security.
13. TENANT’S STUDENT STATUS
13.1. The Tenant warrants to the Landlord that he / she:
13.1.1 is a student registered with a University; and
13.1.2 if the Tenant is an International Student, they have a valid student visa to study in the UK throughout the term of the Tenancy Agreement.
13.2. In the event that the Tenant at any point during the Tenancy Period (i) is no longer a student with a University, (ii) no longer holds a valid student visa to study in the UK or (iii) is otherwise removed from their course, then the Tenant will notify the Landlord (or the Management Company) within one week. The Landlord shall be entitled to terminate the Tenancy Agreement without any penalty and with immediate effect.
13.3. If the Tenant ceases to be a student but continues to live in the Room, then the Tenant will be responsible for any Council Tax due to the Local Authority from the Tenant and will within 7 days of written demand reimburse and indemnify the Landlord in respect of any Council Tax and water and sewerage charges payable by the Landlord as a result of the Tenant’s continued occupation of the Room and/or the Flat. Further, the Tenant will fully indemnify the Landlord in respect of any charges or costs arising from the Tenant’s failure to apply for or claim any exemptions or discounts the Tenant may be eligible for. The Tenant shall ensure that he or she falls within the definition of “student” in the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 as amended by the Council Tax (Discounts) (Scotland) Amendment Order 2011 (as amended from time to time).
|Whilst the Tenant is a student, they do not trigger a Council Tax Charge. If the Tenant ceases to be a student and continues living in the Development this may trigger a Council Tax charge for the whole Flat. The Landlord expects the Tenant to be responsible for this and any other Council Tax consequences of ceasing to be a student.
14. LANDLORD’S OBLIGATIONS
The Landlord agrees:
14.1. That if the Tenant pays the Rent and preforms all the obligations of the Tenant under the Tenancy Agreement, then the Tenant may quietly possess and enjoy the Room during the Tenancy Period without any interruption from the Landlord or any person acting on the Landlord’s behalf (save as otherwise expressly set out in this Tenancy Agreement to the contrary);
14.2. To maintain and repair the structure of the Development including the window frames and window glass;
14.3. To maintain, repair, decorate and provide adequate heating and lighting to the Shared Areas;
14.4. To maintain all Utilities serving in the Room, Flat, and the Shared Areas;
14.4.1. To provide adequate supply of hot and cold water, heating and electrical power to the Room, Flat and the Shared Areas:
14.4.2. To provide security facilities for the Development: and
14.4.3. To provide and maintain equipment in the Block Common Parts and the Shared Areas.
14.5. The Landlord reserves the right to the free passage and running of water, soil, gas, electricity and other services through any pipes, cables, wires, drains, sewers or conducting or service media passing in or through the Room or any other part of the Development.
15.1. Any notice or document to be served by either party in relation to this Agreement shall be deemed to have been validly and sufficiently served if in writing and delivered to the receiving party’s address or last known address by hand or sent by first class post or special delivery and any such notice or document shall be deemed to have been served one working day after the date of posting save that where hand delivered prior to 5.00 pm it shall be deemed to have been served on that working day.
15.2. The Landlord notifies the Tenant that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the address of the Landlord shown on the first page of this Agreement.
15.3. All notices under this Agreement must be in writing. Notice served by facsimile transmission or by electronic mail alone is not sufficient.
16. LEASE TO CONTINUE IN FULL FORCE AND EFFECT
16.1. If the Room or any part thereof or the Flat or any part thereof shall be at any time damaged or destroyed by whatever cause, the Tenancy Agreement shall remain in full force and effect, subject to the after-mentioned provision. If the room or any part thereof shall be damaged or destroyed to the extent that render the Room and /or the Flat is incapable of use in accordance with the Tenancy Agreement (and provided that such damage or destruction has not been caused by the Tenant or their visitors or any other person for whom the Tenant is responsible) the Rent or a fair proportion thereof according to the nature and extent to the damage sustained shall be suspended until the Room or the Flat shall again be rendered fit for occupation and use by the Tenant. Provided always that if the Room and/or the Flat is not restored within 14 days of such damage or destruction so as to be capable of use again in accordance with the Tenancy Agreement, either party may terminate this Agreement by giving the other one month’s written notice to such effect (provided that (i) if the Flat and/or Room, as the case may be, is restored as aforesaid prior to the expiry of such notice then any such notice issued by the Tenant shall have no effect and (ii) the Tenant shall not be entitled to terminate this Agreement as aforesaid in the event the damage or destruction was caused by the Tenant or their visitors or any person for whom the Tenant was responsible).
17. MATRIMONIAL HOMES (FAMILY PROTECTION) (SCOTLAND) ACT 1981 ETC
17.1. The Tenant confirms and warrants that:
17.1.1. the Room is not and is not intended to be (a) a matrimonial home in terms of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 or (b) a family home in relation to which a civil partner of the Tenant has occupancy rights in terms of the Civil Partnership Act 2004 or the Marriage and Civil Partnership (Scotland) Act 2014; and
17.1.2. as at the date of the Tenant’s acceptance of the offer of tenancy, no non-entitled spouse (as defined by the Matrimonial Homes (Family Protection) (Scotland) Act 1981) or civil partner (as defined in the Civil Partnerships Act 2004) exists in respect of the Room.
17.2. The Tenant hereby, without prejudice to any other provision of the Tenancy Agreement, undertakes not to share possession of the Room and/or the Flat with any person who may become a non-entitled spouse in terms of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 or otherwise may have occupancy rights in the Room by virtue of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 or the Civil Partnership Act 2004 or the Marriage and Civil Partnership (Scotland) Act 2014.
Further, the Landlord and the Tenant both acknowledge and agree that the Tenant’s occupation of the Room, and this Tenancy Agreement, is not a private residential tenancy in terms of the Private Housing (Tenancies) (Scotland) Act 2016, as amended from time to time.
The Tenancy Agreement shall be governed by, and constructed in accordance with, the law of Scotland and any dispute, differences of question of any kind which may arise between the parties shall be determined in accordance with the law of Scotland and to any extent this may be required, the parties to the Tenancy Agreement hereby prorogate the jurisdiction of the Scottish courts in relation to the Tenancy Agreement.
19. CONSENT TO REGISTRATION
The parties to the foregoing Tenancy Agreement (which includes (i) the foregoing Tenancy Letter and (ii) the Tenancy Terms and Conditions) consent to its registration, and of any certificate issued thereunder, for preservation and execution.