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 Managing Agent 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
Internet Usage Policy means the policy published by the Landlord relating to the Development described by ASK4 in the Internet Services Agreement following 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 and signed by the parties.
Landlord’s Agent means person or company responsible for letting and/or managing the Room or Development.
Welcome Guide means the guide published by the Landlord relating to the Development, as amended from time to time.
Managing Agent means person or company responsible for managing the Development.
Prescribed Information means the information required in accordance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007.
Room Items means those items defined in the Inventory under “Room Items”.
Shared Areas means the common parts of the Apartments 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 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 telephony.
Working Day means any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
1.2. In this Agreement, the terms in bold capitals on the cover page of this Agreement 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 cover page but also any other persons or companies who may legally succeed it.
1.5. The term “Landlord’s Agent” includes not only the company named on the cover page but also any other persons or companies who may legally succeed it.
1.6. Any reference to Tenancy refers to the tenancy created under this Agreement
1.7. The headings and punctuation 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 Residential Period is the Total Rent specified on the cover page of this Agreement. 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.
2. GRANT OF TENANCY
2.1. The Landlord lets the Room to the Tenant for the Residential Period together with the use of the Room Items and (together with other entitled) the Shared Items and those parts of the Apartment designated for shared use.
2.2. This Agreement is intended to create an assured shorthold tenancy as defined under Part I Chapter II in the Housing Act 1988 which means that the provisions for the recovery of possession by the Landlord contained in the Housing Act 1988 (as amended by the Housing Act 1996) apply.
3. RENT AND OTHER CHARGES
The Tenant will:
3.1. Pay rent in the following instalments:
3.1.1. the First Payment on or before the First Payment Day; and, if appropriate
3.1.2. the Second Payment on or before the Second Payment Day;
3.1.3. the Third Payment on or before the Third Payment Day;
3.2. Pay the Rent to the Landlord or as the Landlord directs at the times and in the manner specified (whether demanded or not).
3.3. If payment of Rent or any other money due from the Tenant is late pay interest at the rate of 4% 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). Interest will be charged on a daily basis and shall be compounded monthly.
3.4. 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. Pay to the Landlord an administration fee of not more than £30.00 on each and every occasion when the Landlord sends the Tenant a Section 8 Housing Act 1988 notice
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. Be responsible for obtaining and paying for any TV licence required for any television in Room/Lounge.
3.7. In the event of damage to or being asked to provide any replacement apartment fob or key pay to the Landlord a replacement fee of not more than £25.00 for each such item
4.1. The Deposit is safeguarded under the terms of the Custodial Tenancy Deposit Scheme (“CTDS”) operated by Computershare Investor Services plc under the name of the Deposit Protection Service “the DPS”.
4.2. The Deposit amount (as defined) is paid by the Tenant to the Landlord’s Agent acting on behalf of the Landlord.
4.3. Within 30 days of receiving the Deposit the Landlord shall provide to the Tenant the Prescribed Information regarding the Deposit.
4.4. At the termination 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 will present a joint deposit form to the DPS. In the event of any dispute the DPS Alternative Dispute Resolution Service will be applied in relation to the sum in dispute.
5. THE GUARANTOR
5.1. Guarantees and undertakes to pay 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 his agent addressed to the Guarantor if the Tenant following demand has not paid the amount being demanded when it is due under this Agreement.
5.2. Shall pay and make good to the Landlord on demand any losses damage, costs and expenses of the Landlord arising from or incurred as a result of default by the Tenant in the performance or observance of the tenant covenants under this Agreement provided that any neglect or forbearance of the Landlord 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 covenants of this Agreement.
5.4. The liability of the Guarantor shall not be affected by:
5.4.1. any time or indulgence by the Landlord to the Tenant; or
5.4.2. any delay or forbearance by the Landlord in enforcing the payments of the rent or the observance or performance of any of the tenant covenants of this Agreement; or
5.4.3. the Landlord exercising any right or remedy against the Tenant for any failure to pay the Rent or to observe or perform the tenant covenants of this Agreement.
6. CARE OF THE ACCOMMODATION
The Tenant will:
6.1. Comply with the Landlord’s registration policy. 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 Landlord 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 Residential Period.
6.2. Informs the Landlord in writing of any defects in the condition and state of repair of the Property within 48 hours upon the collection of keys.
6.3. Accept that the Inventory is true and accurate in all respects and notify the Landlord in writing that any items are missing from the Inventory or damaged within 48 hours.
6.4. Notify the Landlord in writing or by email if intending to leave the Room for a period in excess of consecutive 14 days and ensure that the Room is left securely locked, windows shut etc.
6.5. Not damage the Room or Room Items or items in the Apartment 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 Landlord’s Agent acting reasonably and properly, of the expenses incurred by the Landlord in making good damage to the Room, Room Items, Apartment, items in the Apartment, Shared Items, Shared Areas or Development and/or replacing any fixture or fitting damaged therein which is caused by act or omission of the Tenant or any failure by the Tenant to observe or comply with his/her 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 Apartment jointly caused any damage to the communal areas of the Apartment;
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 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 Apartment without the Landlord’s prior written permission.
6.11. Notify the Landlord/Landlord’s Agent promptly of all other repairs and/or maintenance work which the Tenant considers necessary to the Room, Apartment 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 Landlord’s Agent will arrange for any repairs and maintenance.
6.14. Not bring any of the following items into the Apartment without written consent of the Landlord or Landlord’s Agent: upholstered furniture (such as sofas and armchairs), heating equipment or refrigeration equipment.
The above clauses are required in the interest of Health and Safety. The Landlord or Landlord’s Agent will arrange for any repairs and maintenance.
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 carries the “CE” mark.
6.16. Not mark or label any keys and to report the loss of them immediately to the Landlord or Landlord’s Agent.
This is so that if keys etc. are lost they cannot be identified with the Development, Apartment 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 Apartment are kept secure from the intrusion of unauthorised persons (for example keeping the door to the Apartment closed and shutting/locking windows and doors when the Tenant is out).
6.18. To comply with the Internet Usage Policy. The Landlord reserves the right to terminate such service without compensation for breach of that policy.
6.19. The Tenant shall send the Landlord 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 Landlord.
7. PROPER CONDUCT FOR COMMUNAL LIVING
The Tenant will:
7.1. Use the Room and the Shared Areas for his/her 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 Landlord. Also, to ensure that any items deemed recyclable by the relevant Local Authority are disposed of in accordance with its policy.
7.6. Not tamper with, misuse or damage any equipment or other things in the Development which are provided by the Landlord 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).
7.7. Comply (and ensure that visitors comply) with all Landlord’s regulations for the orderly evacuation of the Development in the event of a relevant incident
7.8. If the Tenant sets off a fire alarm without due cause (even accidentally) resulting in attendance of the emergency fire services or the evacuation of the Development pay on written demand a reasonable sum to cover any resulting costs incurred by the Landlord such sum being no less than £50.00. If the Tenant responsible cannot be identified, then this fee will be split amongst the smallest number of Tenants that the Landlord in its absolute discretion shall decide.
7.9. Not prepare or cook food anywhere other than the kitchen in the Apartment and not to keep or use any deep fat frying equipment anywhere in the Apartment.
7.10. Not keep or use candles or other devices with naked flames anywhere in the Development.
7.11. Comply with any reasonable written regulations issued from time to time by the Landlord and/or Managing Agent in connection with the use of the Shared Areas and/or Shared Items and conduct in the communal areas of the Development generally.
7.12. 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.
7.13. Comply with all relevant legislation and other legal requirements in connection with the Tenant’s use and occupation of the Apartment and general conduct in the Development.
7.14. 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 Landlord/Management and where such written consent is given enter into such agreements as the Landlord 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.
7.15. Use best endeavours to ensure that his/her visitors to comply with clauses 6 and 7 of this Agreement headed “Care of the Accommodation” and “Proper Conduct for Communal Living”.
7.16. Attend any fire training sessions arranged by the Landlord/Management.
7.17. Not smoke in any part of the building at the Development. This includes the use of electronic cigarettes.
7.18. Not bring into or allow to be stored or kept or used within the Room, Apartment or Development and to report to the Landlord and/or Managing Agent immediately on becoming aware of the presence and/or use of:
7.18.1. any liquid or gaseous fuel, noxious or explosive substances or gas, paraffin or gas heaters cookers, candles or other naked flame devices or consumables.
7.18.2. any firearms, knives (other than domestic kitchen knives) or any weapons of any kind including any replicas;
7.18.3. any drugs the possession of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);
7.19. Not without the Landlord’s prior consent (which cannot be unreasonably withheld or delayed) bring or keep any animal or pet of any description onto the Development.
7.20. 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.
7.21. Not to alter or add to the Room, Apartment or Development nor re-decorate any part of it nor allow anyone else to do so.
7.22. Not use the Room, Apartment or Development or any part of the Development for any of the following, nor allow anyone else to do so:
7.22.1. activities which are dangerous, offensive, noisome (including the playing of loud music at any time) illegal or immoral or which are or may become a nuisance or annoyance to the Landlord or tenants or the owners or occupiers of any neighbouring property;
7.22.3. the running of a trade, profession or business including using the address of the Room, Apartment or Development for the issue of circulars or business announcements.
7.23. 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.
7.24. Not install any wireless or television pole, aerial, satellite dish or apparatus on any external face of the Development.
7.24. Not abuse, threaten, harass or commit any violence against the Landlord or any of its or its Agents’ staff.
7.25. Not expose or allow to be hung any laundry washing or other items so as to be visible from outside the rooms of the Apartments and not dry clothes on the storage heaters.
7.26. Not allow to be hung any flags, banners or notices so as to be visible from outside the Rooms or the Apartment.
7.27. Not to obstruct any means of access to or within the Development.
7.28. Not to keep or store any bicycle within the Room or Apartment
8. ACCESS BY THE LANDLORD
The Tenant must permit the Landlord and/or Managing Agent with any necessary contractors and equipment to enter the Apartment 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 Apartment and the Room and the Shared Items.
8.4. To carry out any repairs that are reasonably necessary pursuant to the Landlord and/or Managing Agent’s responsibilities under this Agreement or by statute.
8.5. To carry out repairs to the Apartment and the Room or the Development that can only be carried out by having access to the Apartment 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 Residential Period to move the Tenant to alternative accommodation (which may be in a hotel) only for the purpose of carrying out emergency repairs
9.1. The Tenant is given reasonable notice; and
9.2. The Tenant will occupy the alternative accommodation on the terms of this Agreement.
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 Residential Period the Tenant will:
10.1. Vacate the Room and remove all of his/her 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 Residential Period. If the Tenant fails to remove any of his/her property from the Development within seven days after this Agreement coming to an end then the Landlord may sell such property 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.
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 beginning of the Residential Period.
10.3. Ensure that any Room Items or Shared Items which have been moved during the Residential Period are returned to the rooms or places they were in at the start of the Residential Period.
10.4. Give to the Landlord and/or Managing Agent 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 Managing Agent 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.
11. EXPENSES RELATED TO BREACHES OF THIS AGREEMENT OR RECOVERING POSSESSION
11.1. Within 7 days of written demand the Tenant shall reimburse the Landlord for the cost of any repairs or other remedial action and any reasonable administrative costs required as a result of a breach by the Tenant of this Agreement.
11.2. If the Landlord (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 cost of any repairs or other remedial action required as a result. The proportion will be determined by the Landlord absolutely but acting reasonably and the Tenant shall reimburse the Landlord for such cost within 7 days of the written demand.
11.3. The Tenant will pay on a full indemnity basis all reasonable and proper expenses fees and costs incurred by the Landlord in connection with the enforcement of the terms of this Agreement.
12. LANDLORD’S RIGHTS TO END THE TENANCY BEFORE THE EXPIRY OF THE FIXED RESIDENTIAL PERIOD
A Court may order you to leave the Property before the end of the Residential Period 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 legally 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 any condition of this Agreement; or
12.5. You leave the Property empty for more than 28 days (without our permission) or it seems that you have abandoned the Property
If any of these things happen we have the right to enter the Property after bailiffs evict you following a Court Order for possession. We will start the process by sending you a notice in line with the procedure set out in section 8 of the Housing Act 1988. We may only enter the Property and take possession if a Court Order allows us to do this.
13. TENANT’S STUDENT STATUS
13.1. The Tenant warrants that it is a student registered with a University.
13.2. In the event that the Tenant is no longer a student with a University the Tenant will notify the Landlord or Landlord’s Agent within one week
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 payable by the Landlord as a result of the Tenant’s continued occupation of the Room and/or the Apartment.
Whilst the Tenant is a student he/she does 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 Apartment. 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 to:
14.1. Allow the Tenant to quietly possess and enjoy the Room without unnecessary or unwarranted interference.
14.2. Carry out those repairs for which liability is imposed under Section 11 of the Landlord and Tenant Act 1985 (if applicable to the Tenancy).
Section 11 of the Landlord and Tenant Act 1985 (where applicable) imposes certain liabilities on the Landlord in connection with the structure and exterior parts as well as plumbing sanitary conveniences and installations such as electrical wiring and gas piping.
14.3. Comply with the Furniture and Furnishings (Fire Safety) Regulations 1988 and any subsequent amendments.
14.4. Take all reasonable steps to ensure continuity of the Utilities provided that the Landlord is not responsible for any failure or interruption of the Utilities.
14.5. Insure the Development and any of the property belonging to the Landlord, but for the avoidance of doubt the Landlord has no liability to insure and accepts no liability for loss or damage to the Tenant’s personal possessions howsoever caused.
14.6. At the beginning of the Residential Period equip the Room with the Room Items and the Shared Areas with the Shared Items.
The Landlord does not provide anything other than the Room Items and the Shared Items
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. ENDING THE TENANCY
16.1. The Landlord may end this Agreement by giving you at least two months’ notice in writing in accordance with section 21 of the Housing Act 1988 that you must give up the Property on a date shown on the notice. The notice will be served in accordance with the provisions of clause 15 and will either be handed to you at the start of the tenancy or posted to the address on this Agreement by the Landlord or the Managing Agent.
16.2. If you give up possession of the Property before the date shown in a notice given under the provisions of clause 16.1 this Agreement will end on the date given in the notice. If you do not give up possession on the date specified in the notice the Landlord may make a claim to the Court to repossess the Property
16.3. The notice will not apply if the Landlord withdraws it before the Agreement ends and you do not object to its withdrawal.
16.4. If the Tenant moves out of the accommodation and has not been released from this Agreement the Tenant is still liable to pay the Rent until the Tenant has found a replacement tenant acceptable to the Landlord. For the avoidance of doubt any failure to pay Rent will breach the terms of this Agreement and the Landlord reserves its rights against the Tenant and any Guarantor. The Landlord reserves the right to refuse or accept a proposed replacement and is under no obligation to find a replacement.
17. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter will be governed and construed in accordance with the Law of England and Wales.