Tenancy Agreement

The Landlord lets the Premises and the Contents to the Tenant at the Rent for the Tenancy Period on the standard letting terms set out in this tenancy agreement with the amendments and additions to them.

This is an Assured Shorthold Tenancy under the Housing Act 1988.  The Tenant understands that the Landlord will be entitled to recover possession of the premises when the tenancy period ends.

This tenancy includes the use of the Landlord’s furniture and effects

The Landlord’s address for service is the address given below.

Hannah Court, Matilda Street, Sheffield, South Yorkshire, S1 4SY

1. GENERAL

1.1 Reference in this agreement to the Landlord shall include the Landlord’s Agent and other representatives.

1.2 Where two or more persons are together the Landlord the Tenant or the Guarantor they are responsible for their obligations jointly and severally.

1.3 Clause and paragraph headings are for convenience only and shall not affect the construction of this deed.

1.4 Normal residential use of electricity, water and sewerage utility services is included within the Rent. The Landlord reserves the right to recharge the Tenant for non-residential or wholly unreasonable or excessive use of the utility services.

2. LANDLORDS OBLIGATIONS

The Landlord agrees with the Tenant as follows:

2.1 To Give the Tenant exclusive uninterrupted occupation of the Premises and the right (shared with others) to use the Cluster Common Parts and the Building Common Parts during the Tenancy Period for as long as the Tenant complies with the Tenant’s obligations under this Tenancy Agreement.

2.2 To arrange for the structure of the Premises to be insured under a comprehensive insurance policy (note this does not include contents)

2.3 all reasonable efforts to arrange for any damage to be remedied as soon as practicable, provided that there is a reasonable prospect that such damage can be remedied within the current academic year;

2.4 Refund to the Tenant any Rent paid for any period in which the Premises is totally uninhabitable or inaccessible as a result of any damage no caused by or resulting from the Tenant save where loss of rent is not recoverable under the Landlord’s insurance policy by reason of the Tenant’s action.

2.5 Use all reasonable endeavours to arrange for the Building Common Parts to be cleaned and adequately lit.

2.6 That the Tenant paying the rent and performing the obligations on the part of the Tenant may quietly possess and enjoy the Premises during the tenancy without any lawful interruption from the Landlord or any person claiming under or in trust for the Landlord with the exception of inspections by the Landlord or his agent.

3. FORFEITURE

If the Tenant:

(i) is at least 14 days late in paying the Rent or any part of it, whether or not the Rent has been formally demanded by the Landlord, or

(ii) has broken any of the terms of this Agreement the Landlord may seek to repossess the Property during the fixed term by giving the Tenant notice under section 8 of the Housing Act 1988 of his intention to apply to court for possession and, subsequently, applying to the court for a possession order.

Where the Tenant has ceased to occupy the property, then the Landlord reserves the right to end the Tenancy where (i) and/or (ii) apply. Any other rights or remedies the landlord may have will remain in force.

4. TENANTS OBLIGATIONS

The Tenant will:

4.1 To allow the Landlord, with 24 hours notice, access to the Premises, to carry out any inspections required by law including (but not limited to) gas safety inspections, fire safety inspections and inspections of any smoke or carbon monoxide alarms installed in the Property and to carry out any works, repairs, maintenance or installations (including the installation of any smoke or carbon monoxide alarm) required by law.

4.2 To allow the Landlord immediate access to the premises in the case of a serious emergency.

4.3 Not to use the Premises otherwise than as private living accommodation.

4.4 Not to share the occupation of the Premises or any part of it nor do or cause anything to be done whereby the occupation of the Premises is shared with any other person (except with other authorised Tenants or licensees of the Landlord) and not under any circumstances to part with or sub-licence the whole or part of the Premises.

4.5 Not to have overnight visitors longer than two consecutive nights and to ensure that any visitor signs in at reception on arrival at the Building and on departing the Building provided that the Landlord shall be entitled to refuse entry to any visitor in its absolute discretion where such visitor has previously caused the Tenant to breach or the Landlord reasonable considers may cause the Tenant to breach the terms of this agreement.

4.6 Not to do permit allow or suffer to be done in or upon the Premises anything which may be a nuisance or annoyance or cause or create any discomfort or inconvenience to the Landlord or to other residents of the Building and in particular not to make nor permit the making of any noise between 2300 hours and 0800 hours so as to audible outside of the Premises.

4.7 To keep and deliver up the Premises and the Landlord’s furnishings and appliances and effects in a good and clean and tidy condition (fair wear and tear expected) and not to remove any of the said furnishings and effects from the Premises and if at the termination of this Tenancy Agreement either the Premises are damaged or the said furnishings and effects are damaged or lost, to pay the Landlord on demand the amount or value of such loss or damage.

4.8 Not to make any additions or alterations to the Premises nor to make any alteration to the decoration of the Premises.

4.9 Not to tamper, force or in any way open the windows of the Building beyond their restricted opening, which have been restricted for Health and Safety purposes.

4.10 Not to keep any animals including birds, fish, reptiles, insects or mammals upon the Premises

4.11 Not to install a private telephone at the Premises.

4.12 Not to erect any external television aerial or appliance for any television sets used at the Premises.

4.13 To hold a current television licence for any television sets used at the Premises for viewing of live TV, or content on BBC iPlayer.

4.14 Not to have at the Building, use or permit to be used any electrical fires, gas fires, paraffin heaters, chip pans, woks, candles, incense sticks, oil burners or oil lamps or cooking appliances except those provided by the Landlord at the Premises and to observe fire and safety precautions at all times.

4.15 Not to wedge or jam open any fire door

4.16 To be responsible for any injury, loss or damage caused by malfunction of equipment or electrical appliances owned or brought into the Building by a resident or guest.

4.17 Not in any way to misuse any fire alarm or fire safety appliance at the Building or tamper with or obstruct any smoke or heat detectors.

4.18 To respond immediately if the fire alarm at the Building is rung by following the evacuation procedure for the Building.

4.19 Not under any circumstances whatsoever to take or allow to be taken into or on to the Premises, the Cluster Common Parts or the Building Common Parts (except in such places as the Landlord may from time to time designate) any bicycles or motorcycles. In the event that the Landlord is required to remove any bicycle stored in breach of this clause to pay the landlord on demand £25.00 (including VAT) before the release of the bicycle to the Tenant.

4.20 Immediately to give notice to the Landlord (and the site manager of the Building) of any failure in water, drainage, electrical or other services at the Premises.

4.21 Not to bring any weapons or imitation weapons of any form onto the Landlords premises.

4.22 Not to bring any illegal drugs or substances whether for the Tenant own use or otherwise unless prescribed by a bonafide Medical Practitioner into the Landlords premises.

4.23 Not to do or permit to be done on the Premises anything or act whereby the insurance policy of the Building may become void or voidable or whereby the premium thereon may be increase.

4.24 To attend a site safety meeting at the beginning of the residence period if arranged by the Landlord and local Fire Brigade as required.

4.25 Not to set off a fire alarm without due cause (even if accidentally), and the Tenant further agrees that if the Tenant or Tenant’s guest does set off a fire alarm without due cause, resulting in attendance of the emergency fire services or the evacuation of the building(s), the Tenant shall pay on written demand a reasonable sum as required by the relevant emergency service to cover any resulting costs incurred by the Landlord.

4.26 Not to use or suffer the Premises to be used for any illegal purposes.

4.27 Not to smoke in any part of the building at any time.

4.28 To report the loss of any keys to the Premises or the Building immediately to the site manager of the Building and on termination of this Tenancy Agreement to immediately return all such key to him PROVIDED THAT in any case it is agreed that leaving any keys to the Premises with the security / management personnel at the Building will not in any circumstances be deemed as acceptance of termination of this agreement by the Landlord.

4.29 To observe and be bound by the disciplinary code and rules and regulations relating to student occupancy of residential property as published by the University or College at which the Tenant attends.

4.30 To provide all necessary documentation including a current exemption certificate within a month of the date of this Agreement, to prove that the Tenant is eligible for Council Tax Exemption, and if the documents are not supplied or if the Tenant is not eligible, then the Tenant must pay the Council tax on the premises.

4.31 Should the Tenant wish to leave the Premises for any reason prior to the end of the tenancy agreement, the Tenant shall still remain liable for the rent for the Premises for the whole Tenancy Period. In the event that the Tenant finds a suitable replacement tenant, which replacement tenant will be subject to the Landlord’s approval, then the Tenant will be responsible for the rent on the Premises until the suitable replacement tenant has agreed and signed a new tenancy agreement to take over the tenancy of the Premises named on the first page of this agreement.

5. SPECIAL TENANCY CONDITIONS

There shall be incorporated into this agreement such provisions as set out below in this condition

5.1 On the last day of the Tenancy Period (however determined) the Tenant must return all keys and electronic fobs issued to the landlord or his agent.

5.2 On the last day of the Tenancy Period (however determined) the tenant must vacate by 10.00 a.m. on that day.

5.3 If any keys or electronic fobs are lost the Tenant will bear the cost of obtaining a replacement. Evidence of costs incurred will be made available to the Tenant on request.

5.4 Bonds will be refunded in accordance with the government authorised custodial scheme following a check out inspection after the end of the tenancy.

5.5 At all times the Tenant will keep the Premises in a clean and tidy condition. The Tenant will comply in a timely manner with any reasonable request from the landlord to return the accommodation to a clean and tidy condition, in circumstances where the health and safety of the Tenant or other Tenants might otherwise be adversely affected.

5.6 If the Tenant advises the Landlord in writing that the Tenant no longer wishes to let the Premises then:

5.6.1 If the tenant so advises the Landlord in writing within 7 days of booking the Premises and prior to 1 August in the year that the Tenancy is to begin, then the Landlord shall repay all monies paid by the Tenant to the Landlord

5.6.2 If the Tenant so advises the Landlord in writing after the expiry of 7 days after booking and prior to 1 August then the Landlord shall be entitled to retain the full amount of the Deposit in consideration of the cancellation and administration costs incurred by the Landlord.

5.6.3 If the Tenant so advises the Landlord in writing after 1 August and before the first day of the Tenancy Period then the Landlord shall be entitled to retain the full amount of the Deposit in consideration of the cancellation and administration costs incurred by the Landlord and the Tenant will also be liable for the whole of the Rent under this Agreement

5.7 The Tenant will promptly pay any Council Tax or similar tax (if applicable) in respect of the Premises or its occupants for the Tenancy Period

5.8 If the Tenant is exempt from paying any Council Tax, then an exemption certificate must be obtained and provided to the Landlord within a calendar month of the Tenant’s occupancy or within 14 days upon request.

5.9 The Tenant will indemnify the Landlord for any Council Tax due in respect of the entire flat to the Local Authority as a result of change of status of the Tenant, and will within 7 days of written demand reimburse the Landlord in respect of any Council Tax payable by the Landlord as a result of the Tenants continued occupation at the premises..

5.10 The termination or surrender of this Agreement does not cancel any outstanding obligation which the Tenant owes the Landlord.

5.11 The Landlord’s rights under this clause are in addition to any other rights the Landlord has under this Agreement. In particular the Landlord reserves the right to seek compensation for a breach of this Agreement or to cover any arrears then the Landlord may pursue other rights and remedies it has as it sees fit.

6. STUDENT STATUS

6.1 It is a term of this Tenancy Agreement that the Tenant is at all material times during the Tenancy Period a student in full time education and the Tenant shall supply evidence of this.

7. GUARANTOR

7.1 The Guarantor unconditionally guarantees due payment of all money payable to the Landlord under this agreement within the time periods set out within this agreement and the Guarantor agrees to pay to the Landlord immediately on written demand any money so payable.

7.2 The Guarantor hereby agrees that the guarantee cautioned in this clause 7 shall not be affected by any time or other indulgence the Landlord may see fit to grant the Tenant.

8. GENERAL PROVISIONS

8.1 This Agreement shall take effect to the provisions of Section 11 of the Landlord & Tenant Act 1985 if applicable.

8.2 In the event that there is more than one Tenant named in this agreement, then:

8.3 This is a joint tenancy and the Premises is let as one household.

8.4 The Landlord agrees that the Tenants named on this contract are liable to pay only the individual rent for their room as stated on the guarantor document. All other joint and several liabilities remain.

8.5 Should any term in this Agreement be held invalid, illegal or unenforceable then the remainder of this Agreement and the application of such term shall not be affected thereby and each term of this Agreement shall be valid and enforceable to the extent permitted by law.

8.6 Notice under Section 48 of the Landlord and Tenant Act 1987.

8.7 The Tenant is hereby notified that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address:

Hannah Court, Matilda Street, Sheffield, S1 4SY

9. AT THE END OF THE TENANCY

At the end of the Tenancy, the Tenant agrees:

9.1 To vacate the room and remove all of their belongings from the Landlords premises and leave the Premises and 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 Landlord’s premises within 3 days after this Agreement coming to an end then the Landlord may (after making a reasonable attempt to contact the Tenant) sell such property as the agent of the Tenant and the Tenant will indemnify the Landlord against any liability to a third party whose property is sold by the Landlord in the mistaken belief that such property belonged to the Tenant. The sale proceeds net of any disposal and reasonable management costs can be claimed by the Tenant up to two months after this Agreement has ended.

9.2 To jointly and severally with the other occupiers of the Cluster Common Parts ensure that the Cluster Common Parts are left in the same clean state and condition as they were in at the beginning of the Tenancy Period.

9.3 To ensure that any room item or shared item with may have been moved during the Tenancy Period is returned to the location that they were in at the beginning of the tenancy period.
9.4 Not to leave any refuse or belongings for disposal within the Building, and if any such refuse or belongings are left by the Tenant, then the Tenant agrees to pay the Landlord a reasonable cost for the removal, storage and disposal of the same.

9.5 To pay the Landlord for the rectification, repair and/or replacement of any fixtures, fittings and finishings damaged by the Tenant, including the repainting of walls marked by the attachment of pictures, posters and the like and any damage, soiling or contamination caused by smoking.