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Sample Contract and Terms and Conditions

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Document 1) “Rental Agreement” with the terms and conditions attached

                     HOUSE SHARE LICENSE                                              

(A License for Shared Occupation of a Furnished and Serviced House)

 

The PROPERTY     

 

The LANDLORD        

 

of                                 April Cottage, Church Rd, Lilleshall, Shropshire, TF10 9HE – 07966 276 205

 

The SHARER           ............................................................................................................................

 

The PERIOD             12 months beginning on ................../................../.....................

TERMINATION      After the end of the above Period, the Sharer may end this License

                                                by giving written notice to the Landlord of not less than 1 Calendar

                                                month, that starts from the Sharers next payment due date.

 

 

The PAYMENT        £............ -00 payable by standing order in advance every: 4 weeks / calendar month

(Inclusive of the bills and services detailed in the Terms and Conditions attached)

 

The GUARANTOR...........................................................

 

The INVENTORY   means the attached list of the Landlord’s possessions at the Property which has been signed by

the Landlord and the Sharer

 

IMPORTANT NOTICES:

 

 

1)     The law requires that the written notice should not be less than four weeks in the case of notices given by the Landlord.

 

2)     This is not a tenancy agreement, but a Licence to Occupy a serviced and furnished room in a serviced and furnished residence and this license confers no security of tenure. This agreement is prevented from being any form of tenancy due to the services being provided to the occupiers of the Property. You will therefore NOT be a tenant but you will be classed as a Licensee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


I, the undersigned, understand that this is a legally binding contract. I have read the attached terms and conditions and that by signing below I am agreeing to be bound by the terms and conditions contained within.

 

 

SIGNED        ...........................................................             ...........................................................

 

PRINT           ...........................................................             ...........................................................

 

DATE             ...........................................................             ...........................................................

(The Sharer)                                                                         (The Landlord)

 

THIS HOUSE SHARE LICENSE comprises the particulars detailed above and the terms and conditions

attached whereby the serviced Property is licensed by the Landlord and taken by the Sharer

for occupation with other Sharers during the Period upon making the Payment.


 


Terms & Conditions – License to Occupy a Serviced Room within a Serviced Residence

 

1.   The Sharer will:

 

1.1        Be allowed to share with the other occupiers of the Property the use and facilities of the Property (include such bathroom, toilet, kitchen and sitting room facilities as may be at the Property).

 

1.2        Pay the Payment at the times and in the manner aforesaid without any deduction or abatement of setoff whatsoever. Rent is calculated daily at a rate of 1/30th of the stated monthly rent and covers the period from midday to midday, any part thereof will be charged at the daily rate.

             The Payment is reviewed twice annually with any price increase starting in April and/or October and matched to the latest retail price index.

 

1.3        Pay for the cost of all charges in respect of any telephonic or television services used at or supplied to the Property and pay any tax or license that may be required or that might be charged in addition to or replacement of it during the Period.

 

1.4        Keep the interior of the Property in a good clean condition and not damage or injure the Property or any part of it and if at the end of the Period any item on the Inventory requires repair, replacing, cleaning or laundering the Sharer will pay for the same (reasonable wear and tear and damage by an insured risk excepted).

 

1.5        Maintain at the Property and keep in a good and clean condition all of the items listed in the Inventory.

 

1.6        Not make any alteration or addition to the Property nor without the Landlord’s prior written consent any redecoration or painting of the Property.

 

1.7        Not to do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to the Landlord or any other

             occupiers of the Property or Landlords or occupiers of adjoining or nearby premises (including any form of anti-social behaviour - see separate section) or which may in any way prejudice the insurance of the Property or cause an increase in the premium payable therefore.

 

1.8        Not without the Landlord’s prior consent allow to keep any pet or any kind of animal at the property.

 

1.9        Not use or occupy the Property in any way whatsoever other than as a private residence.

 

1.10      Cook at the Property only in the kitchen.

 

1.11      Not part with or share possession or occupation of the Property or any part thereof (the bedrooms are for single occupancy only – unless named on the License to Occupy – guests are not allowed to regularly stay over more than 3 nights per week as this would mean that you are sharing possession of the property and that the guest would then be living in the property).

 

1.12     Ventilate properly the bedroom, kitchen and bathroom to prevent any increase in moisture that could lead to black condensation mould. Also to wipe any affected area with a bleach solution to kill any spores and to report to the landlord any mould problems for advice.

 

1.13     Permit the Landlord or the Landlords Agents at reasonable hours in the daytime to enter the Property to view the state and condition thereof.

 

1.14     Permit the Landlord or the Landlords Agents at reasonable hours in the daytime within the last twenty-eight days of the Licence to enter and view the Property with prospective Licensees.

 

1.15     Not have or acquire diplomatic immunity.

 

1.16     Inform the Landlord of any complaints or repairs required in writing (including a required timescale) and will serve them upon

                the Landlord at the address stated with the name of the Landlord above.

 

1.17     Not store any bicycle or motor bike inside the house.

 

1.18     Not dry any items on any radiator at the property (airers may be used if they do not block passage ways).

 

2    In the event of the Payment being unpaid for more than seven days after it is due (whether legally demanded for or not) or there being a breach of any other of the Sharer’s obligations under this Licence or in the event of the Sharer ceasing to reside at the Property or in the event of the Sharer’s death this Licence shall there upon determine absolutely but without prejudice to any of the Landlord’s other rights and remedies in respect of any outstanding obligations on the part of the Sharer.

 

3    Within 14 working days of the landlord having received back the keys and the completed “Balance Return Form” (sent to the Sharer before the end of the License) any overpaid Amount will be returned to the Sharer or balance thereof after any deductions properly made, returned by cheque and sent to the forwarding address given on the “Balance Return Form”.

 

4    The Sharer authorises the Landlord to charge to any payment card as detailed in the signed “Card Authorisation Form”; A] any outstanding amounts owed to the Landlord for more than 7 days during the License Period term (full details of these outstanding amounts will be given to the Sharer), B] any outstanding amounts owed to the Landlord upon termination of the License (full details sent to the Sharer at any forwarding address supplied).

 

5    Any Landlords insurance does not include insurance of any of the Sharers personal possessions kept at the Property. The Landlord will not be responsible for loss or damage to any of the Sharers possessions however caused as insurance for the Sharers possessions is solely the responsibility of the Sharer.

 

6    The Landlord hereby notifies the Sharer that any notices (including notices in proceedings) should be served upon the Landlord at the address stated with the name of the Landlord above.

 

7    The Landlord will endeavour to satisfy complaints from the Sharer in a professional like manner and within a reasonable timescale.

 

8    The Landlord will endeavour to complete repairs necessary to the property in a workmanlike manner with minimum disruption to the Sharer and in a reasonable period of time.

 

9    In the event of damage to or destruction of the Property by any of the risks insured against by the Landlord the Sharer shall be relieved from making the Payment to the extent that the Sharer’s use and enjoyment of the Property is thereby prevented and from performance to the extent of and whilst there prevails any such damage or destruction (except to the extent that the insurance is prejudiced by any act or default of the Sharer) the amount in case of dispute to be settled by arbitration.

 

10  The Payment includes for an amount towards the following bills and services: Gas (excluding that used for drying clothes or heating in summertime), Electric (excluding that used for drying clothes or heating in summertime), Water, communal Council Tax, a fortnightly sanitising Clean (a minimum of 25 per year), Gardening (as deemed necessary by the Landlord) and Laundry. The Landlord will pay a maximum total of £200 a month for Gas and Electric for the house, the Sharer agrees to pay their equal share within 14 days if this amount is exceeded. The Sharer also agrees to pay an extra contribution when a substantial increase has been incurred in the supply of any utility (in this case the cost will be split equally between the sharers and will become due for payment after 14 days). The Landlord will arranged for the provision of the Utilities that he is liable to pay for.

 

11  After the Period, either party may terminate this Licence by giving written notice of a minimum of 1 calendar month that commences on the next payment due date. For a Sharer’s notice to be valid, any balance owing on the account would need to be paid in full along with the final months rent. Upon the expiry of the notice period, this Licence shall end with no further liability for either party save for liability for any antecedent breach.

 

12  The Sharer shall not have exclusive possession of any part of the Property and the identity of the other occupiers of the Property shall be in the absolute discretion of the Landlord. The Sharer agrees to allow the Landlord unrestricted rights of access to all parts of the property at all times, for purposes of (but not limited to) cleaning, laundry, supply of cleaning fluids, cloths, toilet rolls and other household consumables, gardening, maintenance, access to the safe at the property, health and safety, upkeep and decoration, or any other purpose as deemed necessary by the Landlord.

 

13  Where the context so admits:

 

13.1 The 'Property' includes all of the Landlord’s fixtures and fittings at or upon the Property and all of the items listed in the Inventory and (for the avoidance of doubt) the Room.

 

13.2  The 'Period' shall mean the period stated in the particulars above or any shorter or longer period in the event of an earlier termination or an extension of the Licence respectively.

 

14  The Sharer accepts full liability for their use of any internet supplied to the property and any material downloaded or viewed.

 

15  Smoking by the Sharer, the Sharer’s guests, or any other person is not allowed anywhere inside the property and by the Sharer doing so or allowing the Sharer’s guests to do so, the Sharer will be in breach of contract.

 

 

16  The Sharer has been given permission to use any of the landlords possessions detailed in the inventory and supplied to the property by the Landlord. By using any of the Landlords possessions at the property, the Sharer agrees that this will be at their own risk and that the Landlord will not be held responsible for any loss or damage to the Sharers possessions however caused (with exception of negligence on the part of the owner). In the absolute discretion of the Landlord, the Landlord may repair or replace or leave or completely remove any item from the property that has been reported as not working (this includes, but is not limited to, any electrical or mechanical item).

 

17  In order to minimise the effect of any escalating rent arrears, the Sharer agrees to move to a more affordable room within the Landlord’s estate should the Sharer be more than 1 months rent in arrears and the Sharer has not been able to keep to a repayment plan previously agreed with the Landlord.

 

18  The Sharer will be notified in writing of any changes to these Terms and Conditions one month before they come into force. It will be deemed that the Sharer will have accepted the new Terms and Conditions and will therefore be bound by them, unless the Sharer has rejected them in writing, sent to the landlords address above before the date they are due to come into force, whereupon the Sharer will be given the option to end the agreement by way of 1 months notice if outside of the Period.

 

19  If the Sharer has signed a Continuous Payment Authority and agrees that if the Landlord cannot collect in a single transaction any monies owed to the landlord, the Landlord can make further attempts to collect on the Sharers debit or credit card in order to collect the money, either in one payment or in several amounts, on a continuous basis until the amount owed is repaid in full. The Sharer agrees that if the Sharer has provided the Landlord with details of any other debit or credit card and the Landlord is unsuccessful in collecting payment from the first debit or credit card, the Landlord may seek payment from such other card(s) either in one or several payments, on a continuing basis until the Sharer has repaid the amount owed.

 

 

 

20  The Sharer acknowledges that paying the Payment late or leaving with a debt owing to the Landlord will have severe consequences as follows;

 

 

           i.The Sharer agrees to allow the Landlord to inform Credit Reference Agencies if the Sharer has not paid on time or if there is an outstanding balance owed to the Landlord and the Sharer acknowledges that this information may be kept on the Sharers files at the Credit Reference Agencies and that it may make it more difficult for the Sharer to obtain accommodation or credit in the future.

 

          ii.The Sharer agrees to allow the Landlord to inform Landlords Referencing Agencies if the Sharer has not paid on time or if there is an outstanding balance owed to the Landlord and the Sharer acknowledges that this information may be kept on the Sharers files at Landlords Referencing Agencies and that it will make it more difficult for the Sharer to obtain any form of housing rental agreement in the future.

 

        iii.The Sharer agrees that the Landlord may take legal action to recover any debt from the Sharer and that the cost of any recovery will be passed onto the Sharer, the Sharer also agrees and the Landlord may sell the Sharer’s debt and any purchaser may also take legal action to recover the debt. If there is a debt owing to the Landlord, then the Sharer agrees to keep the Landlord informed of any new service address after the Sharer has left and the Sharer acknowledges that by failing to inform the Landlord of any new service address, the Sharer is agreeing to have legal documents served on the Property address above and all legal documents will be served on the last given address.

 

21  All references to the singular shall include the plural and vice versa and any obligations or liabilities of more than one person shall be joint and several and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation

 

22  The Sharer acknowledges that this contract has been offered to the Sharer on the basis of the information supplied on the Application Form that was filled in by the Sharer prior the commencement of the contract. If any of the information relied upon in the Application Form is found to be incorrect, missing, or false, or if the Landlord has been misled in any way and in order to gain an offer of contract, then the Sharer will be deemed to be in immediate breach of contract terminating the contract with immediate effect.

 

23  Payments are credited to the account in the following order: 1) interest / fees, 2) damages / repairs, 3) collection costs, 4) court orders, 5) rent.

 

General Charges During Contract by Request of the Sharer

 

Replacement of lost Key (price per key)

Cost

Replacement of Front Door Lock and Keys for household (if required)

Cost

Labour required resulting from a Sharers activity*

Cost

Materials required resulting from a Sharers activity*

Cost

 

 

 

 

Breach of Contract Charges

 

Cleaning of vacated room (including deep cleaning needed from smoking), if required

Cost

Re-Decorating of vacated room, if required (price per man hour, wear and tear allowed)

Cost

Replacement of  lost / damaged Items in room (wear and tear allowed)

Cost

Re-Decorating Materials (wear and tear allowed)

Cost

Labour required resulting from a Sharers activity* (price per man hour)

Cost

Materials required resulting from a Sharers activity*

Cost

 

 

 

 

Early Termination Charges

 

Re-Advertising and viewings (if leaving within the PERIOD) one off charge that needs to be paid before we will re-advertise

£200.00

Lost Rent  (if leaving within the PERIOD) price per day until re-let –  to a maximum of the remainder of the Period

Daily Rate

 

 

 

 

Litigation Charges on Defaults

 

Court costs, Solicitor costs

Cost

Legal Administration costs, Debt Collection costs, Search and Tracing costs

Cost

24  The Sharer acknowledges the following Account Charges:

 

 

      The above list is not exhaustive and different charges may apply or be changed as necessary

      * An activity by a Sharer resulting in work needed to a property or contents of property as deemed necessary by The Landlord (e.g. broken window or damaged door etc).

      ** Time scale is a guide only and may be lengthened or shortened on the discretion of The Landlord


Extra terms and conditions for property licensing imposed by Telford and Wrekin Council

and to also comply with legislation by both central and local government.

 

25 The below signed agrees that they are responsible for their own behaviour and the behaviour of their visitors.

     The below signed understands that if they, other occupiers, or their visitors:-

                    i.            cause nuisance or annoyance to neighbours; or

                  ii.            use abusive or threatening language or behaviour to neighbours; or

                iii.            fail to store or dispose of refuse properly; or

                iv.            cause damage to fixtures, fittings, fire prevention or alarm equipment or installations, or;

                  v.            cause damage to the fabric of the premises; or

                vi.            fail to give access to the Landlord or his agent for the purpose of maintaining communal areas or, upon reasonable notice, to inspect or undertake works within their accommodation,

they will be liable to enforcement action which may include possession proceedings either under the terms of the tenancy, pursuant to s.21 of the Housing Act 1988 or pursuant to Grounds 13 or 14 of Schedule 2 of the Housing Act 1988.

 

 

26 Signed for Documents:

 

Please tick each box below next to the document number to show that you have been given a copy of each of the documents listed and that you have read each of the documents listed.

 

If there is anything contained within the documents that you do not understand then you are confirming that you have asked for an explanation and you have understood the explanation given.

 

 

* Document 1)  Copy of “Rental Agreement” with the terms and conditions attached comprising 6 pages - this is page 5.

* Document 2)  Copy of “Room Inventory”, “House Inventory” and “Defects” forms comprising 4 pages.

* Document 3)  Copy of “Standing Order” form to help set up rent payments comprising 1 page.

* Document 4)  Copy of the current “Gas Safety Certificate” and I acknowledge that any current or future dated certificates will be located and stored under the cutlery tray in the kitchen for me to see.

* Document 5)  Copy of “Your recycling and waste collection calendar” leaflet / information sheet comprising ½ page.

* Document 6)  Copy of “What you can recycle” leaflet / information sheet comprising ½ page.

* Document 7)  Copy of “Refuse and Bulky Item Collections” leaflet / information sheet comprising 1 page.

* Document 8)  Copy of “HOW TO... RENT The checklist for renting in England”. Version “July 2018”. Please note that the current and latest version can also be seen here at any time:

                            https://www.gov.uk/government/publications/how-to-rent.

                            This copy comprising 11 pages

 

 

I, the undersigned, have ticked the boxes above next to the above document numbers and in doing so I acknowledge receipt of full and legible copies of all the documents on the above document list numbered 1 to 8. I have read each document, I understand what is contained in each document and where I have had any questions about anything contained in the above documents I have received a complete answer to my question which fully explains it to me. I understand that the above documents form part of the contract and that they have to be given to me in order to conform to relevant housing legislation and I agree that I will abide by and comply with the all of the above documents.

 

 

 

 

Sign ...................................................... Print ..................................................... Date .........../.........../...........

 



 

27 Signed for Statements:

 

Please tick each statement showing that you have read and understood the statement.

Please ask for clarity if there is anything that you do not understand.

 

* Statement 1) Fire Alarms: I understand the importance of the mains and battery backed up Fire Alarms installed at the property in alerting me to a potential fire somewhere within the property. I agree to never interfere with any Fire Alarm in the property or to alter any Fire Alarm in any way. I also agree to alert the Landlord within 24 hours of me knowing about any fault with any Fire Alarm.

 

*  Statement 2)                                On Hearing the Fire Alarm: I understand that in the case of the fire alarms sounding I will evacuate the property and will only return if it is safe to do so in the case of a false alarm. I understand the importance of getting out of the building straight away and alerting anyone else within the property to do the same and then calling 999 if there is a fire.

 

*  Statement 3)                                False Alarms: I understand that if there is a “False Alarm” such as caused by burning toast, then the hush button on the nearest alarm outside the kitchen can be pressed to hush the alarm – this should only be done if you and the other occupiers all agree and are certain that it was a false alarm. In all cases the manager should be informed regardless. I also understand that the “Heat Alarm” in the kitchen is not a “Smoke Alarm” and will not trigger on a false alarm such as burnt toast.

 

*  Statement 4)                                Emergency Lights: I understand the importance of the Emergency Lights installed at the property in lighting up the escape route enabling my clear route out of the property in the case of a fire. I agree to never interfere with an Emergency Light in the property or to alter an Emergency Light in any way. I also agree to alert the Landlord within 24 hours of me knowing about any fault with an Emergency Light.

 

*  Statement 5)                                Fire doors: I understand the importance of the Fire Doors installed at the property in protecting the escape route from fire and smoke and in containing a fire within the ignition room. I agree to never prop open any fire door in the property or to interfere with any fire door in any way. I also agree to alert the Landlord within 24 hours of me knowing about any fault with a fire door.

 

*  Statement 6)                                Escape route: I understand that it is my responsibility to keep the escape route completely clear at all times and that I must remove any item if it is causing an obstruction to the escape route / protected route out of the property regardless of whom the item belongs to. I agree that I have been shown the escape route / protected route out of the property along with any alternatives available in the case of a fire or evacuation.

 

*  Statement 7)                                Start Cleanliness: I confirm that all areas of the property, the room, the house, the outside of the house along with all arears of the gardens are fully clean and tidy and all items contained within, including all fixtures and fittings, and in good proper working order and I will inform the Landlord if this is ever not the case.

 

*  Statement 8)                                EPC: As I am renting a room within a House of Multiple Occupation, I understand that it is not a requirement to have an Energy Performance Certificate.

 

I, the undersigned, have ticked the boxes above next to the above statements and in doing so I confirm that I have read them, understand them, and if I have had any questions about the above statements then my questions have been fully answered and explained to me. I understand that the above statements will form part of the contract and that they have to be agreed to in order to conform to relevant housing legislation and I agree that I will abide by and comply with the above statements.

 

 

Sign ...................................................... Print ..................................................... Date .........../.........../...........   

                       


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