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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.
Tenant's Obligations
The Tenant agrees to observe and perform the following obligations:
A.
(i) Pay the rent (ii) In the event of this Agreement being terminated
before the end of the stated period by the Tenant in any way the
Tenant agrees to pay the full amount due for the total agree period.
(iii) Pay all charges levied on the property except council tax
and water rates;
B.
Where the Property comprises a flat to keep the interior in good
and tenable repair and to pay for any damages not previously recorded
in the inventory;
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.
The Tenant shall permit the Landlord or the Landlord's Agent or
others authorised by him at all reasonable times to enter the Property
for the purpose of cleaning, maintenance, inspection and showing
of the property; I. 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;
J.
(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). Not to
hang or allow to be hung any clothes or other articles on the outside
of the Property; (vii). 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; (viii).
To observe any regulations which may from time to time be made by
the Landlord for the good order and management of the Property;
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;
K.
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;
L.
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);
M.
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;
N.
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;
O.
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;
P. 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) To pay council tax, and water rates at the property; 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; (b) To provide regular cleaning services to the tenant
(cleaning of linen & towels) 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; Such notice may be given by
placing it under or affixing it to the outer doorway of the Premises;
(ii) The tenant may not terminate this Agreement and will be held
responsible for all rent due until completion of the stated length
of the term of the Agreement.
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