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TERMS
AND CONDITIONS
1.
Definitions
Where
the context so admits or requires (a) "The Landlord" includes the
persons for the time being entitled to reversion; (b) "The Tenant"
includes all persons (if any) deriving title under the tenant; (c)
"The Property" includes the items specified in the attached inventory
and any other fixtures, furniture and effect belonging to the Landlord
and in or upon the Property;
2.
Access
Where
the Property comprises a flat the Tenant shall be entitled to use
the entrance hall lift (if any) staircase and common parts of the
building of which the Property forms part for purpose of access
to and egress from the Property;
3.
Furniture Furnishings / Effects
The
Tenant shall keep and procure to be kept the furniture, furnishings
and effects listed on the said Inventory in their present state
of repair and condition (reasonable wear & tear excepted) as specified
in the Inventory and use the same in a tenant like manner and preserve
the same from destruction or damage and shall replace with similar
articles of at least equal value or if the Landlord so requires
pay to the Landlord the value of any part of the furniture, furnishings
and effects which have not been so kept or preserved as to be incapable
of being restored to their former condition;
4.
Notice of Address
For
the purpose of Section 48 of the Landlord and Tenant Act 1987 the
address at which any Notices (including Notices in any proceedings)
may be served on the Landlord by the Tenant, is as set out on page
one of this Agreement, until the Tenant is notified in writing to
the contrary;
5.
Deposit
The
Tenant shall pay the deposit specified in the Particulars to the
Landlord's agent, such deposit money to be held in a designated
account without interest payable on account of any damage or injury
to the Property and on account of any other liability on the part
of the Tenant under the provisions of this Agreement. Within 30
days of the formal determination of this Agreement, the Landlord's
Agent, shall account to the Tenants in respect of the deposit providing
that there is no claim by the Landlord against the Tenant for breach
of covenant. Should a dispute arise between the Landlord and the
Tenant under any breach by the Tenants of their obligations under
the Terms and Conditions of the Tenancy Agreement which is not settled
within 30 days, then the deposit, if held by the Agent, will be
paid over to the Landlord and the Tenant will need to pursue the
Landlord;
6.
Tenant's Obligations
The
Tenant agrees to observe and perform the following obligations:
A.
(i) Pay the rent as stated in the particulars at the times and in
the manner specified and that in the event of the Tenant failing
to pay the rent on the date it shall be due to pay interest on the
rent or any unpaid part thereof at the rate of 4% over Barclays
Bank PLC Base Rate (such interest to be calculated upon a daily
basis) until payment is actually made; (ii) Immediately on the signing
of this Agreement to arrange for telephone services to be transferred
into the Tenant's name and to pay all accounts rendered in respect
of the Property where appropriate a proper proportion to be assessed
by the Landlord's Agent; (iii) Immediately before the termination
of this Agreement and the Tenant's departure from the premises to
have the telephone meters read and to settle all outstanding accounts
with such services on vacation of the Property. (iv) In the event
of this Agreement being terminated before the end of the stated
period by the Tenant in any way (Other than in Termination clause
11(ii)) the Tenant agrees to pay the full cost of re-letting the
Property and any loss of rent incurred by the Landlord as a result
of the Tenant's action; (v) Pay all charges levied on the property;
B.
Where the Property comprises a flat to keep the interior in good
and tenable repair and where the Property comprises a house to keep
the whole of the Property in good and tenable repair and in either
case immediately to replace all cracked or broken glass;
C.
To give to the Landlord or the Landlord's Agent immediate written
notice of any damage or destruction or loss happening to the said
Property or the contents whether by fire or otherwise howsoever;
(i) Should repairs become necessary for which the Tenant is not
liable hereunder forthwith to notify the Landlord or the Landlord's
Agent thereof and in no circumstances shall the Tenant arrange or
give instructions for any such repairs to be carried out except
at the written request of the Landlord or the Landlord's Agent and
the Tenant shall be responsible for the cost of any repairs carried
out in breach of this provision; (ii) Not to carry out any redecoration
of the said Property or any part thereof without the previous consent
in writing of the Landlord or the Landlord's Agent and in case of
any breach of this stipulation the Tenant shall be responsible for
the entire cost of redecoration at the expiration or sooner determination
of the Tenancy;
D.
Not to make any alteration to or addition to the Property without
the prior written approval of the Landlord or the Landlord's Agent.
E.
Not to remove any of the fixtures, furniture and effects specified
in the Inventory and to pay for the repair or replacement of any
items which may be broken, lost, damaged or destroyed during the
Tenancy. Any replacement shall first be approved by the Landlord
or the Landlord's Agent;
F.
Not to bring into the Property any additional furniture without
the written consent of the Landlord or the Landlord's Agent and
to leave the furniture, furnishings and effects at the expiration
or sooner determination of the Tenancy in the rooms and places in
which they were at the commencement of the Tenancy;
G.
To deliver up to the Landlord at the expiration or sooner determination
of the Tenancy the said Property and contents in the same clean
state repair and condition as it shall be at the commencement of
the Tenancy;
H.
To pay for the washing of all linens and for the washing and cleaning
of all counterpanes, blankets, toilet covers, carpets, upholstery,
curtains and similar articles that shall have been soiled during
the Tenancy. All upholstery and carpets to be professionally cleaned
prior to the determination of the Tenancy; (i) To clean all the
windows every six weeks and to have all the chimneys and flues (if
any) to the Property cleaned and swept as often as necessary and
to clean all net curtains every six weeks; (ii) To keep the television
set (if any) and all other electrical appliances and apparatus in
good working order during the Tenancy and to pay the license fee
for any television set or proper proportion thereof according to
the duration of the Tenancy;
I.
The Tenant shall permit the Landlord or the Landlord's Agent or
others authorised by him at all reasonable times upon prior appointment
to enter the Property for the purposes of; (i) Examining the state
and condition thereof and of the said furniture, furnishings and
effects and to note all defects and reparation required from time
to time to give or leave notice in writing at the Property for the
Tenant to forthwith repair and amend the same, as for the Tenant
may be liable therefore and; (ii) Performing any obligation imposed
on the Landlord under any Lease under which the Landlord holds the
Property;
J.
If the Tenant shall not within one month after service of such notice
proceed diligently with the execution of such repairs then to permit
the Landlord to enter upon the Property and execute such repairs
and the cost thereof shall be a debt due from the Tenant to the
Landlord and be forthwith recoverable by action the person so entering
causing as little inconvenience and damage as possible and making
good any damage caused by such entry;
K.
Not to assign, under let, charge, part with or share possession
or occupation of the Property or any part thereof, provided always
that the Tenant shall be permitted to share the occupation of the
Property with the person(s) whose name(s) is/are specified in the
Particulars of the Tenancy Agreement;
L.
(i). Not to carry on any trade or business or profession upon the
Property but to use the same as a private residence only In single
occupation; (ii). Not to exhibit or place any notice sign or advertisement
of any description so as to be visible from the outside of the Property;
(iii). That no part of the Property shall be used for any illegal
or immoral purpose nor for any sale by auction nor any public meeting
for religious, political or other purposes and that there shall
not be done permitted or suffered in or upon the Property or any
part thereof any waste spoil or destruction or any act or thing
whatsoever which may at anytime be or become a nuisance annoyance,
damage or disturbance to the Landlord or the tenants or occupiers
of any neighbouring premises or which in the opinion of the Landlord
shall or may tend prejudicially to affect or depreciate or be detrimental
to the quietude amenity privacy or reputation of the neighbourhood;
(iv). Not to play any musical instrument or use any sound reproduction
equipment so as to be a cause of annoyance or disturbance to adjoining
residents and without prejudice to the generality of the foregoing
not between the hours of 11pm and 7am to play any such equipment
so as to be audible outside the Property; (v). Not to erect or fit
any stove paraffin heater or other appliance nor to keep any inflammable
substance or suffer to be done anything whatsoever whereby any insurance
of the Property may become void or voidable or whereby the rate
of premium for any such insurance may be increased; (vi). During
the last two months of the Tenancy or at any time previously if
the Landlord shall wish to let or sell the Property to permit a
notice to be fixed to the front of the Property intimating that
it is to be let or sold and to permit persons with written authority
from the Landlord or the Landlord's Agent to view the same during
reasonable hours in the day time and in case it shall not be convenient
for the Tenant to be at the Property at the time of such view to
make the keys available to the Landlord's Agent so that such agents
may escort intending buyers or tenants over the Property; (vii).
Not to hang or allow to be hung any clothes or other articles on
the outside of the Property; (viii). To keep the garden (if any)
properly cultivated and free from weeds and in a neat and tidy condition
and any lawns properly mown and trees and shrubs pruned and not
to cut down or remove any trees, shrubs or plants (other than annual
plants) and not to alter the layout of any garden; (ix). Not to
keep or allow to be kept on the Property any animal or bird without
the consent in writing of the Landlord which consent the Landlord
may at any time without giving reason withdraw and if any animal
which the Tenant may keep or allow to be kept on the Property shall
soil any carpet, rug, fabric or other item to pay to the Landlord
the cost of replacing such carpet, rug or fabric with a new one
of as good quality as the soiled one; (x). To observe any regulations
which may from time to time be made by the Landlord for the good
order and management of the Property; (xi). To keep clean open and
in good working order free from obstruction all baths, sinks, taps,
lavatories, cisterns, drains, waste and other pipes gutters down
pipes and gullies on or serving the Property and to indemnify the
Landlord from and against all damage occasioned through any breach
of this stipulation or through leakage or overflow from any of the
said pipes, drains, taps, baths, sinks, cisterns or lavatories including
damage caused by freezing and not to waste or permit to be wasted
any water upon the Property;
M.
If the Tenant or any agent appointed by him shall not keep an appointment
made by the Landlord's Agent to check the said Inventory at the
end of the Tenancy to pay the additional costs incurred by the Landlord
in making and attending a second appointment to check the said Inventory
and if neither the Tenant or his agent shall keep such second appointment
any assessment made by the Landlord's Agent of the compensation
or the sums payable by the Tenant shall be final and binding on
the Tenant;
N.
If the Tenant's goods or any of them or any goods belonging to members
of the Tenant's household shall not have been removed from the Property
at the time or expiration or sooner determination of the Tenancy;
(i) To pay the Landlord damages at a rate equal to the rent then
payable for the Property until the Tenant shall have removed all
such goods and (ii) To pay to the Landlord any additional expense
incurred by the Landlord in checking the said Inventory (which cannot
be checked until all goods belonging to the Tenant or members of
his household have been removed);
O.
To hand over to the Landlord or the Landlord's Agents by 12 noon
on the last day of the Tenancy whether on its expiration or sooner
determination all keys to the Property;
P.
Whenever the Property is left unattended to fasten securely all
dead locks or other locks and bolts fitted to doors and windows
permitting access to the Property and during the winter months the
Tenant shall take reasonable precautions to avoid damage by freezing;
Q.
To pay the Landlords on demand on a full indemnity basis any legal
or professional costs incurred by the Landlord in the determination
of this Agreement and any legal proceedings arising by a breach
by the Tenant. If there shall be a breach by the Tenant of any obligation
hereunder or if the Property (save by arrangements with the Landlord)
shall be left vacant or unoccupied for more than fourteen days then
the Landlord may re-enter upon the Property and determine the Tenancy
but without prejudice to the other rights and remedies of the Landlord;
R.
To pay the cost and expenses (including solicitor's costs and surveyor's
fees) incurred by the Landlord in connection with any Notice Served
under Section 146 or 147 of the Law of Property Act 1925 requiring
the Tenant to remedy a breach of covenant not withstanding forfeiture
maybe avoided otherwise than by relief granted by the court;
7.
Landlord's Obligations
The
Landlord agrees with the Tenant as follows: - (a) That the Tenant
paying the rent and observing and performing all the Tenant's obligations
under this agreement may quietly enjoy the Property without any
unlawful interruption by the Landlord or to any person rightfully
claiming through or under or in trust for the Landlord; (b) To insure
the Property against loss or damage by fire to the full reinstatement
value thereof and such other risks as the Landlord shall think fit
and to return to the Tenant any rent payable for any period whilst
the Property is rendered uninhabitable or inaccessible by reason
of fire (other than a fire caused by the act or default of the Tenant)
or other inevitable accident the amount in case of dispute to be
settled by arbitration in accordance with the Arbitration Acts 1950
and 1979;
8.
Notice under Housing Act 1988 GROUND ONE NOTICE The Landlord notifies
the Tenant that possession of the Property may be recovered under
Ground 1 in Schedule 2 to the Housing Act 1988. This requires the
court to order possession of the premises where the Landlord has
previously occupied the Property as his only or principal home or
requires the Property as the only or principal home of the Landlord
or the Landlord's spouse; Alternative
GROUND
TWO NOTICE The Landlord notifies the Tenant that possession of the
Property may be recovered under Ground 2 of Schedule 2 to the Housing
Act 1988. This requires the court to order possession where: (i)
The Property is subject to a mortgage or charge granted before the
beginning of the Tenancy; and (ii) the Lender is entitled to exercise
a power of sale; and (iii) The Lender requires possession of the
Property in order to dispose of them with vacant possession when
exercising the power of sale. PROVIDED ALWAYS AND IT IS HEREBY AGREED
9.
Forfeiture In the event of any of the occurrences listed below the
Landlord may re-enter the Premises or any part thereof in the name
of the whole and immediately there upon the Tenancy will absolutely
determine without prejudice to the other rights and remedies of
the Landlord; (a) If the Rent or any instalment thereof shall be
in arrears and unpaid for at least 14 days after the same shall
become due (whether legally demanded or not); (b) In the event of
the breach of any of the terms and conditions of this Agreement
on the part of the Tenant herein contained or implied; (c) If the
Premises shall be left vacant or unoccupied, save for temporary
vacation of the Premises with the Landlord's consent, for more than
30 days (d) If the Tenant shall become bankrupt or enter an Agreement
with his creditors or suffer distress on his goods; (e) If any of
the circumstances under any of the Grounds in Schedule 2 of the
Housing Act 1988 (as amended by the Housing Act 1996) shall arise;
10.
Outstanding Breaches
of
Obligations The receipt of Rent by the Landlord shall not be deemed
to be waiver of any breach of covenant obligations or provisions
hereof to be observed and performed by the Tenant;
11.
Termination
(i)
Notwithstanding the stated length of the term of the Agreement the
Landlord may give to the tenant not less than 60 days written notice
to terminate this Agreement, provided that such notice shall not
expire before the last day of the sixth month following the commencement
of the tenancy. Such notice may be given by placing it under or
affixing it to the outer doorway of the Premises; (ii) The tenant
may terminate this agreement by written notice, which must be handed
to the landlord or its agent so as to expire at the end of the first
6 months, provided that such notice is given not less than two months
before the end of the 6 month period. The tenant may not give notice
at any other time or in any other manner during the original term
of this agreement.
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