You should read this Agreement and make sure you understand it before you sign it. If you are not sure about anything in this Agreement, you should consider getting independent advice from a solicitor, citizens' advice bureau or legal advice centre. This Agreement is a legally binding document. By signing it you are entering into an enforceable contract with the Landlord and will be bound by the terms of this Agreement.
INTRODUCTION:
Landlord
IQSA (ATHENA) LIMITED
(Company number 10037481)
Registered Address:
7th Floor Cottons Centre, Cottons Lane, London, United Kingdom, SE1 2QG
Tenant
Name:
Home Address:
Home Tel No:
Mobile Tel No:
Email Address:
Guarantor
Name:
Home Address:
Home Tel No:
Mobile Tel No:
Email Address:
University / College
Management Company
IQSA SERVICES LIMITED
Registered Address
7th Floor Cottons Centre, Cottons Lane, London, United Kingdom, SE1 2QG
Company Registration No
Company number 09857188
Contact Numbers
Development Name/Address
Parker Street, 15 Parker Street, Dundee, DD1 5RW
Flat/Room
(which forms the Dwelling)
Residential Period
The period starting on [ ] (the “Commencement Date") and ending on [ ], such latter date being the “Expiry Date"; Declaring always that the principle of tacit relocation is hereby expressly excluded, and accordingly no notice shall require to be given by the Landlord to the Tenant (or vice versa) to prevent the duration of this tenancy continuing beyond the Expiry Date
Rent
[insert total figure , being £x per week]
Deposit
[insert total figure £[ ]]
Room Items/Room Contents
Definition for this entry can be found within section 1.11 of this document
Communal/Shared Areas
Definition for this entry can be found within section 1.6 of this document
Service Areas
Definition for this entry can be found within section 1.7 of this document
Shared Items
Definition for this entry can be found within section 1.10 of this document
A The Landlord owns the Development (as defined above).
1. Definitions and Interpretation of this Agreement
1.1 Clause headings do not affect the interpretation of this Agreement. The words and expressions defined in the above Introduction and also defined in this clause 1 shall, for the purposes of this Agreement, bear the meanings ascribed to them above and in this clause 1 (as applicable).
1.2 Agreement – When using the term “Agreement” in this document, it is intended to specifically make reference to this Agreement. This Agreement includes the above Introduction, Preamble, and also the Appendix annexed hereto.
1.3 Landlord – The party named in the above Introduction, and their successors as owner of the Dwelling.
1.4 Tenancy – The tenancy created by this Agreement for the let to the Tenant of the Dwelling for the Residential Period specified in the above Introduction to this Agreement.
1.5 Management Company – The company named in the above Introduction to this Agreement, authorised and instructed to act on behalf of the Landlord in connection with the management of the Development and this Agreement. For the avoidance of doubt, supplies under this Agreement are made by the Landlord and not the Management Company. The Landlord shall be entitled, from time to time, to change the Management Company by written notice to that effect to the Tenant, and the expression “Management Company” shall be construed accordingly.
1.6 Communal/Shared Areas –Those areas such as Lounge/s, Cinema Room/s, Gym, Game Room/s, Study Room, Laundry and any other such recreational facilities which are available to and intended for the use of all tenants within the Development of which the Dwelling forms part.
1.7 Service Areas – those parts of the Development , for example staircases, entrance halls, paths, carparks, storage areas, lifts and any other areas which provide tenants with communal access to the Development of which the Dwelling forms part and/or any shared facilities within the Development of which the Dwelling forms part.
1.8 Residential Period – The “Residential Period” expressed in the above Introduction to this Agreement during which the Tenant will reside in the Dwelling and for which the Tenant will be contractually required to pay the Rent (also expressed in the above Introduction to this Agreement).
1.9 Emergency – A gas leak, fire, flooding and/or any other such occurrence that, if not addressed immediately and upon discovery, it is likely to cause harm to individuals and/or serious damage to the Dwelling , and/or the Development of which the Dwelling forms part.
1.10Shared Items – Any contents within the Communal/Shared Areas which are available for the use of all residents and are supplied by the Landlord/ Management Company. By way of example ‘Shared Items’ within common spaces are items like soft seating, tables, chairs, television sets, gaming consoles, desktop terminals. The list provided in this section is for illustrative purposes and in no way is meant to be an exhaustive list.
1.11Room Items/Room Contents –Any such item that is supplied by the Landlord/Management Company, is made available for the exclusive use of the Tenant and is present within the Dwelling at the Commencement Date.
1.12Deposit – A sum of money paid by the Tenant at the beginning of the Tenancy (detailed in the above Introduction to this Agreement) and held as a bond during the entire Residential Period as security for and to ensure the Tenant’s compliance with his/her obligations under this Agreement. The Deposit taken will be lodged with the Management Company's chosen tenancy deposit scheme in terms of the Tenancy Deposit Schemes (Scotland) Regulations 2011. Details for the scheme can be found in section five (5) of this Agreement.
1.13Guarantor – An individual or an entity (named as Guarantor in the above Introduction) who agrees to be responsible for the Tenant's compliance with any and all of his/her obligations created under this Agreement and imposed upon the Tenant, whether pecuniary or otherwise, should the Tenant fail to meet such obligations.
1.14Inventory – A document issued by the Management Company (on behalf of the Landlord) to the Tenant, with a detailed listing of Room Items/Room Contents which are supplied for the exclusive use by the Tenant for the duration of the Residential Period.
1.15Dwelling – The accommodation consisting of the Flat or the Room (specified in the Introduction to this Agreement) including all parts of such accommodation including the furnishings, fixtures and fittings and internal doors and glass but excluding any structural or external parts of such accommodation and any central heating and hot water systems, electrical services for power and lighting, drainage and water services and any data or phone services. Please note the following:
(a) Accommodation shown on the Management Company’s website constitutes an invitation to treat and not an offer. A contract will only be formed once the booking process has been completed to the satisfaction of the Landlord/Management Company and this Agreement has been entered into.
(b) The Dwelling is subject to the terms of this Agreement and, where the Dwelling is part of a studio or multi-room apartment, this Agreement relates to the entire studio or multi-room apartment as detailed under the term Dwelling within this Agreement.
1.16Development –A single or a group of buildings, to include its surrounding grounds (if any), of which the Dwelling, let under this Agreement forms part.
1.17Show Flat– A model accommodation created for marketing purposes to illustrate what a Dwelling could look like and is not intended to be a true representation of what the Dwelling does and/or will look like.
1.18University/College – A higher education institution that the Tenant is attending for the purpose of completing undergraduate or post-graduate qualification as detailed in the above Introduction to this Agreement.
1.19Student – An individual who is enrolled with the University/College on either a full-time or part-time basis, for the purpose of completing undergraduate or post-graduate qualification and who falls within the definition of "student" in the Council Tax (Discounts)(Scotland) Consolidation and Amendment Order 2003 as amended by the Council Tax (Discounts) (Scotland) Amendment Order 2011 as same may be amended from time to time. For clarity, only students that fall within the definition of "student" in terms of the aforesaid legislation qualify for council tax exemption.
1.20 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 to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of this Agreement and the remainder of such provision shall not be affected.
1.21The Tenant is jointly and severally liable with other occupiers of the Development for damage caused to any Communal/Shared Areas in the Development.
1.22A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.23Where the Tenant comprises more than one person, the obligations and liabilities of that party under this Agreement shall be joint and several obligations.
2 Grant of Tenancy & Inventory
2.1 The Landlord lets the Dwelling to the Tenant for the agreed Residential Period and grants the right to use, in common with other tenants authorised by the Landlord, the Shared Items, Communal/Shared Areas and other communal facilities within the Development.
2.2 Upon moving into the Dwelling, the Tenant must check that the Inventory is accurate and must sign and return it to the Management Company within seven (7) days of moving in. If the Inventory is not signed and returned within the timescale given, the Tenant will be deemed to have accepted the Inventory as being correct as supplied.
2.3 The Tenant understands that any Show Flats viewed prior to entering into this Agreement, are an indication of the dwellings provided within the Development and are not a true representation of all accommodation on offer in size, shape and in some cases, content. They are to be viewed as a guide only.
2.4 Any accessories, equipment or decorations in the Show Flat are provided for display purposes only and are not included as standard in any Dwelling.
2.5 The Landlord reserves the right to the free passage and running of water, soil, gas and electricity through any pipes, cables, wires, drains or sewers passing in or through the Dwelling.
3 Rent and Other Charges
3.1 All the Rent for the full Residential Period is payable on the Commence Date in advance by a single payment by the Tenant (to the Landlord, or to the Management Company, acting on behalf of the Landlord).
3.2 The Tenant shall ensure that payment of all the Rent (for the full Residential Period) to the Landlord and/or the Management Company (as directed by the Landlord or the Management Company) is made by the transfer of cleared funds to arrive in the account directed on the Commencement Date.
3.3 The Tenant shall not reduce any payment of Rent by making any deduction from it and/or by setting any sum off against it for any reason unless expressly authorised to do so by the Landlord and/or the Management Company or as otherwise expressly permitted in terms of an order under Part 8 of The Anti-Social Behaviour (Scotland) Act 2004 or Chapter Four of Part 1 of The Housing (Scotland) Act 2006.
3.4 If a Tenant falls into an unauthorized arrears position, the Management Company reserves the right to withdraw any promotional benefits which may have been available at the time of booking a Dwelling, which could result in the full advertised rent at the start of the Tenancy becoming payable, as confirmed by the Management Company on behalf of the Landlord.
3.5 Unless otherwise agreed and the relevant documentation is included within this Agreement, the Tenant shall be responsible for obtaining and paying for any television licence required for any television set installed and used within the Dwelling, The Tenant shall be responsible for any television set brought into the Dwelling by the Tenant, including its maintenance, correct functioning and safety.
3.6 Electricity and gas consumption and use of water, sewerage and utility services by the Tenant is included within the Rent.
3.7 Where repairs to the Dwelling and/or the Development are necessary following damage caused by the Tenant the Landlord and/or the Management Company reserve the right to recover any administration costs incurred by, the Management Company or the Landlord in addition to the repair charges.
3.8 If any amendments as undernoted are requested by the Tenant to the Tenancy and this Agreement the Landlord and/or the Management Company reserve the right to recover the reasonable administrative and legal fees (currently estimated at £75.00) which they would not otherwise have incurred had the request not been made:
(a) Cancellations;
(b) Dwelling moves;
(c) Changes to payment options;
(d) Changes to Guarantor details.
(e) Any other amendment of the terms of this Agreement which the Landlord is not bound by statue to accede to.
4 Cancellation Policy
4.1 The cancellation of this Agreement is subject to the terms of our Cancellation Policy.
4.2 Full details of the Cancellation Policy for this Agreement are available on the Management Company’s website at https://www.iqstudentaccommodation.com/
5 The Deposit and the Tenancy Deposit Scheme
5.1 The Deposit is payable at the time of application by the Tenant to the Management Company.
5.2 The Deposit is collected by the Management Company, on behalf of the Landlord, and lodged with the chosen government approved tenancy deposit scheme within 30 working days after the Commencement Date.
5.3 The Management Company will provide, within the said 30 working day period, a copy of the statutory prescribed information relative to the Deposit.
5.4 Details of the chosen tenancy deposit scheme are as follows:
my|deposits Scotland which is a trading name of Tenancy Deposits (Scotland) Limited.
Address: Ground Floor, Kingmaker House, Station Road, New Barnet, Herts, EN5 1NZ
Tel: 0845 634 5400
Email: info@mydepositscotland.co.uk
5.5 The service offered by my|deposits Scotland is free of charge and neither the Tenant, the Landlord nor the Management Company are liable to pay any additional charges towards this service.
5.6 Any interest earned on the Deposit whilst held in the said tenancy deposit scheme will be retained by my|deposits Scotland and will be used to offset any administrative costs incurred for the Residential Period in which the Deposit is held. The Tenant agrees that it shall not be entitled to any interest earned on the Deposit at any time.
6 Purpose of the Deposit
6.1 The Deposit has been taken as a security for the following purposes:
(a) make good for any damage, or compensation for damage, to the Dwelling, its fixtures and fittings and/or for missing Room Items/Room Contents and/or Shared Items for which the Tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and the condition of each and any such item at the commencement of the Tenancy;
(b) the reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying any major breach by the Tenant of the Tenant’s obligations under this Agreement, including those relating to the cleaning of the Dwelling or any damage caused to the Dwelling’s fixtures and fittings;
(c) any unpaid accounts for any services provided to the Tenant by or on behalf of the Landlord;
(d) any Rent or other money due or payable by the Tenant under this Agreement of which the Tenant has been made aware and which remains unpaid after the end of the Tenancy;
(e) paying for the Dwelling and/or any Shared Areas to be professionally cleaned if the Tenant is in breach of its obligations under clauses 9 and 10.
7 The Guarantor
7.1 The Guarantor irrevocably guarantees to the Landlord that the Tenant shall pay the Rent and observe and perform the terms of this Agreement and, if the Tenant fails to pay the Rent and/or observe or perform any of the terms of the Agreement the Guarantor shall pay or observe and perform them.
7.2 The Guarantor's obligations hereunder are a separate and independent primary obligation to indemnify the Landlord against any failure by the Tenant to pay the Rent and/or to observe or perform any of the terms under this Agreement.
7.3 The liability of the Guarantor under clause 7.1 and 7.2 shall continue until the Tenancy comes to an end and the Tenant is released from their obligations under this Agreement.
7.4 The liability of the Guarantor shall not be affected by:
(a) any time or indulgence granted by the Landlord or the Management Company to the Tenant; or
(b) any delay or forbearance by the Landlord, or the Management Company in enforcing the payment of the Rent or the observance or performance of any of the Tenant's obligations in terms of this Agreement or in making any demand in respect of them; or
(c) the Landlord or the Management Company exercising any right or remedy against the Tenant for any failure to pay the Rent or to observe or perform the Tenant's obligations in terms of this Agreement; or
(d) the Landlord or the Management Company taking any action or refraining from taking any action in connection with the Deposit; or
(e) any variation of this Agreement; or
(f) the Tenant dying or becoming incapable of managing their affairs; or
(g) any other act, omission or event whereby (but for this clause) the Guarantor would be discharged in whole or in part from their obligations under this Agreement.
8 Joint and Several Liability
8.1 If two or more people have signed this Agreement as Tenant or Guarantor, they are jointly and severally liable for the terms and conditions of this Agreement applicable to the Tenant or the Guarantor (as applicable). This means that each individual is fully responsible for making sure that all the conditions in this Agreement are adhered to, including (but not limited to) the payment of Rent.
9 Care of the accommodation
9.1 The Tenant will:
(a) not alter or damage the Dwelling or Room Items/Room Contents and will keep them in a clean and tidy condition;
(b) not damage or mark or change the decorative finish of the Dwelling or Communal/Shared Areas;
(c) jointly with the other occupiers keep the Communal/Shared Areas in a clean, tidy and hygienic condition;
(d) not alter, damage, litter or obstruct the use of the Communal/Shared Areas;
(e) not cause or permit any damage to any part of the Development;
(f) not remove any Room Items/Room Contents or Shared Items from the Dwelling;
(g) notify the Management Company of all repairs and/or maintenance work which the Tenant considers necessary to the Dwelling or the Development as soon as such repairs or maintenance work are apparent;
(h) not attempt to carry out any repairs or maintenance works to any part of the Development, including the Dwelling, any of the Shared Items and the Room Items/Room Contents;
(i) not tamper or in any way adjust safety controls to any windows such as to override the safety mechanism which has the effect of enabling the window to open to a greater extent than the safety designed limits;
(j) not bring any of the following items into the Dwelling without the written consent of the Management Company: upholstered furniture (such as sofas and arm chairs), heating equipment or any electrical equipment which does not comply with all relevant British Standards;
(k) not to mark or label any keys or make or have made any duplicate keys and to report the loss of keys immediately to the Management Company;
(l) not to replace nor add any new locks to the Dwelling;
(m) take all reasonable steps to ensure that the Dwelling is kept secure from the intrusion of unauthorised persons (including shutting and locking windows and doors when the Tenant leaves);
(n) comply with the published Internet Usage Policy as amended from time to time. The Landlord and the Management Company reserves the right to terminate such service without compensation for breach of that policy and/or continued rent arrears or other payments due or outstanding of over 14 days.
10 Proper conduct for communal living
The Tenant will:
10.1 use the Dwelling and the Communal/Shared Areas for their own private residential purposes only;
10.2 not allow any other person to reside on any part of the Development;
10.3 not cause any noise which is audible outside of the room it is made in;
10.4 not cause any disturbance distress annoyance or damage to any other occupiers of the Development or their property;
10.5 in co-operation with the other occupiers of the Development, keep clean and tidy and clear of rubbish the parts of the Development which the Tenant is entitled to use solely or in common with others and will pay to the Landlord/Management Company on demand any additional cost for cleaning or clearing of such areas arising from breach of this obligation by the Tenant or their visitors or will pay a proportionate share as determined by the Landlord or the Management Company (as directed);
10.6 not tamper with misuse or damage any equipment or other things in the Development which are provided by the Landlord or the Management Company in the interests of health and safety of persons in the Development (including but not limited to fire fighting equipment and fire doors);
10.7 pay on written demand a reasonable sum as defined in the Management Company’s published schedule of charges or as required by the relevant emergency service to cover any costs incurred by the Landlord or the Management Company if the Tenant sets off a fire alarm without due cause (even if accidentally) resulting in the attendance of the emergency fire services or the evacuation of any buildings;
10.8 not prepare or cook food anywhere other than in the kitchen in the Dwelling and not keep or use deep fat frying equipment anywhere on the Development;
10.9 not keep or use candles or any open flame, lighting or heating equipment anywhere in the Dwelling;
10.10 comply with any reasonable written regulations issued from time to time by the Management Company in connection with the use of the Shared Areas and/or Shared Items and conduct in the Communal/Shared Areas of the Development generally;
10.11 not affix any notice poster or similar article anywhere in the Development except on the notice boards (if any) provided making good any damage caused or paying the Landlord’s or the Management Company’s reasonable costs for failure to comply;
10.12 comply with all relevant legislation and other legal requirements in connection with the Tenant’s use and occupation of the Dwelling and general conduct in the Development;
10.13 not sub-let or assign the whole, or any part, of the Dwelling or any of the Tenant’s rights under this Agreement nor part with possession or share occupation of the Dwelling;
10.14 use best endeavours to ensure that the Tenant’s visitors comply with clauses 9 and 10 of this Agreement headed “care of the accommodation” and “proper conduct for communal living”;
10.15 not to allow guests that are under 16 to be on or about the premise after 10.00pm and not to sleep overnight on site
10.16 attend a fire training session arranged by the Management Company;
10.17 not smoke in the Development other than in the outside designated smoking areas;
10.18 not bring onto or allow to be stored or kept or used within the Dwelling and/or the Development and to report to the Landlord or any of its staff the presence of any:
(a) animals or pets of any description;
(b) liquid or gaseous fuel, noxious or explosive substance or gas, paraffin or gas heater, cookers, candles or other naked flame devices or consumables;
(c) illegal drugs or substances whether for the Tenant’s own use or otherwise unless prescribed by a bona fide medical practitioner; or
(d) weapons or imitation weapons of any form.
10.19 not commit any form of harassment on the grounds of race, religion, sex or disability or any other act which may become a nuisance or annoyance, or cause offence to any other occupiers or visitor, or to any owner or occupier of any neighbouring property;
10.20 not to alter or add to the Dwelling and/or the Development nor to re-decorate the whole or any part of it or the interior, nor to allow anyone else to do so;
10.21 not to use the Dwelling and/or the Development or any part of it, nor allow anyone else to do so, for any activity which is 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 the occupiers of the Dwelling and/or the Development or any neighbouring property;
10.22 not to run a trade or business from the Dwelling and/or the Development;
10.23 not act or fail to act in a way which will or may result in any policy of insurance in respect of the Development becoming void or voidable or whereby the premium or excess therefor and therein may be increased;
10.24 not install any wireless or television pole aerial satellite dish or apparatus on the Development;
10.25 not use, threaten, harass or commit any violence against any other occupier, bona fide visitor, the Management Company (including any of their staff or agents) or the Landlord (including or any of the Landlord’s staff or agents);
10.26 not expose or allow to be hung any laundry washing or other items so as to be visible from outside the Dwelling and/or the Development and not to dry clothes on any storage or electrical convector or fan heaters;
10.27 not store bicycles in the Dwelling or any access ways or staircases but instead will store any bicycle in the designated bicycles storage areas. In the event that the Landlord or the Management Company (as directed) is required to remove any bicycle stored in breach of this clause the Tenant shall pay to the Landlord or the Management Company (as directed) on demand £25 (including VAT) before the release of the bicycle to the Tenant;
10.28 not allow any child or children (including any baby or babies) to reside or stay in the Dwelling for any length of time.
11 Access by the Landlord
11.1 The Tenant must permit entry into the Dwelling by the Landlord, its Management Company and/or any authorised third party contractors, upon prior written notice of no less than 48 hours in order to carry out the following:
(a) any maintenance as is necessary to preserve the value and the good state of repair of the Development;
(b) to comply with any repair obligations owed to the Tenant pursuant to the Landlord’s and the Management Company’s responsibilities under this Agreement and/or by statute and/or for any other reasonable purpose in connection with the management of the Development;
(c) to carry out regular checks in order to assess whether the Dwelling and its contents, the Shared Items and/or Room Items/Room Contents, are in a good state of repair and promptly address any maintenance issues that may arise as a result of the inspection;
(d) to carry out annual safety inspections such as renewal of gas and/or electricity certifications (as applicable) and/or test any appliances owned by the Landlord and supplied with the Dwelling;
11.2 In the event of an Emergency the Landlord and/or the Management Company reserves the right to enter the Dwelling at any time and without serving prior notice, in order to ensure the safety of the Tenant and any other residents within the Development and its vicinity and for the safeguard of the Development itself.
11.3 The Tenant must permit the Landlord or the Management Company (or those authorised by them) immediate access into the Dwelling in the event that the Landlord or the Management Company (each acting in good faith) suspects that there is or there might be a criminal or unlawful activity taking place in the Dwelling, and those taking entry as aforesaid shall, if desired by the Landlord or the Management Company, be permitted to be accompanied by a police officer or police officers.
11.4 The Landlord also reserves the right to enter the Dwelling at any time without notice if
(b) To allow us to check on your welfare if we have information or suspicion that you are at risk and we have not been able to raise you or get an acknowledgement through knocking at your door.
(c) Where we are requested to allow access by the Police or other Emergency Services with or without a warrant
(d) To carry out Emergency Repairs
(e) Any other reason which in the opinion of the Operations Manager requires urgent or immediate access to your room
12 At the end of this Agreement
12.1At the end of this Agreement, the Tenant is required to carry out the following:
(a) attend a check out inspection with the Management Company’s site team;
(b) remove any personal belongings and leave the Dwelling in the same clean and tidy condition as it was when handed over at the Commencement Date;
(c) jointly and severally with the other occupiers ensure that the Shared Areas and Shared Items are left in the same clean state and condition as they were in at the beginning of the Residential Period;
(d) ensure that any Room Items/Room Contents and/or Shared Items are left in the Dwelling when leaving;
(e) surrender all access key(s) and/or fob(s) for the Dwelling and the Development (as applicable) to the Management Company. Any key(s)/fob(s) not returned at the end of the Tenancy are subject to an administrative charge for its/their replacement;
(f) confirm to the Management Company the correct address and/or bank details to which the Deposit (net of any deductions as applicable and made in accordance with the terms of this Agreement) should be refunded. If the Management Company is not provided with such confirmation, within five (5) working days from the end of the Tenancy, the Deposit (in part or in full) will be returned by cheque to the Tenant’s home address expressed on page one (1) of this Agreement.
12.2 The Tenant must arrange with the Management Company, a suitable time to complete a 'check out' inspection where damages or any other charges that may be deductible from the Deposit, can be assessed, discussed and agreed.
12.3 There is no legal obligation upon the Tenant to attend a Check Out inspection; however it is a recommended best practice by the Management Company for all parties to be present, so as to reduce any potential delays in the release of the Deposit, whether in part or in full.
12.4 If the Tenant signs and agrees with the Check Out inspection and any charges that may be deductible, the Management Company will contact my|deposits Scotland within 10 days from the end of the Tenancy, with instructions to release the Deposit net of any applicable charges, back to the Tenant.
12.5 The Management Company, acting on behalf of the Landlord, reserves the right to initiate a claim through my|deposits Scotland for such a portion of the deposit as it may be reasonably necessary to remedy any damages as per listing in clause 6.1 (a-e) should the Tenant disagree with the Check Out inspection.
12.6 In the event of a dispute, the Tenant should contact my|deposits Scotland directly within 30 days from the end of the Tenancy.
12.7 The statutory rights of the Landlord, the Management Company and the Tenant to take legal action through the courts remain unaffected by this clause 12.
13 Expenses related to breaches of this Agreement or recovering possession
13.1 If the Tenant breaches this Agreement or fails to fulfil any of its obligations, he or she shall be liable to pay, within seven (7) days of presenting a written demand, any reasonable costs incurred by the Landlord or the Management Company in remedying such breaches or in connection with the enforcement of those obligations.
13.2 The Tenant shall also be liable for any reasonable costs incurred by the Landlord or the Management Company in connection with:
(a) collecting or attempting to collect any sums that are due and fallen into arrears;
(b) removing the Tenant after expiration of the Agreement if he or she is still occupying the Dwelling unauthorised;
and
(c) any losses/expenses incurred in accordance with the Management Company’s published ‘schedule of anticipated charges.’ Details of such charges are attached to this Agreement as an Appendix.
14 Ending of the tenancy
14.1 The Landlord and the Tenant hereby acknowledge and agree that the principle of tacit relocation shall not apply to this Tenancy, and accordingly this Tenancy shall end on the Expiry Date without there being any requirement for either party to give to the other any notice to prevent this Tenancy from continuing beyond the Expiry Date.
14.2 Without prejudice to clause 14.1 above, if, for any reason, this Tenancy continues beyond the Expiry Date, then either party shall be entitled to terminate this Tenancy at any time thereafter by giving not less than one months’ notice to the other to that effect (which notice may be served prior to, on or after the Expiry Date, and expiring at any time after the Expiry Date).
15 Irritancy
If :-
(a) the Tenant assigns or parts with possession of the Dwelling; or
(b) the Tenant is in breach of any of the conditions of this Agreement and either such breach cannot be remedied or the Tenant fails to remedy the matter within thirty days of a written notice being served on the Tenant; or
(c) the Landlord has had reasonable grounds for serving such notice on three occasions; or
(d) the Tenant ceases to be a Student,
then in any or all of these circumstances Landlord will be entitled to terminate this Tenancy forthwith, and to recover possession of the Dwelling but that without prejudice to the Landlord's right to recover all arrears of Rent then due by the Tenant and also without prejudice to any other remedies competent to the Landlord.
16 Tenant’s indemnity
16.1 If not included with the Rent, the Tenant must acquire contents insurance to protect any personal belongings, such as electronic equipment, tv sets, jewellery and any other item that can be considered valuable, and that are held in the Dwelling;
16.2 The Tenant hereby states that they are, or will be at the commencement of the Residential Period, a Student. In the event that the Tenant loses their status as a Student or, for whatever reason, does not qualify for exemption from council tax in terms of the Council Tax (Discounts)(Scotland) Consolidation and Amendment Order 2003 as amended by the Council Tax (Discounts)(Scotland) Amendment Order 2011 as same may be amended from time to time the Tenant shall be responsible for, and shall indemnify the Landlord and/or the Management Company in respect of any council tax charge to the Dwelling.
16.3 Should the Tenant, for whatever reason, lose their status as a Student, he or she shall:
(a) notify the Landlord/Management Company within seven (7) days of such change of status;
(b) remain liable to indemnify the Landlord and the Management Company for any Council Tax that is applicable on the Dwelling;
(c) if the Dwelling is part of a shared accommodation such as a flat or a house, the Tenant shall be liable for the Council Tax applicable on the entire abode; and
(d) if requested by the Landlord/Management Company vacate the Dwelling as soon as it is reasonably possible and in any event within seven (7) days immediately following the change of status; or
(e) provided that the Tenant complies with provisions (a) to (c) above, retain the use of the Dwelling until the Expiry Date or until the Tenancy is otherwise terminated.
16.4 The Tenant shall remain, at all times, liable for all of its obligations under this Agreement which have not been performed, including the payment of Rent.
17 Landlord’s obligations
17.1 The Landlord agrees to:
(a) allow the Tenant to quietly possess and enjoy the Dwelling without unnecessary or unwarranted interference;
(b) keep in repair the structure and exterior of the Dwelling and the Development;
(c) keep in repair and in proper working order, any installations in the Dwelling and the Development for:
I the supply of water, gas and electricity (as applicable) to the Dwelling;
II sanitation (for example basins, sinks, baths, showers, toilets) to the Dwelling;
III hot water heating to the Dwelling;
IV space heating (for example central heating) including fireplaces, flues and chimneys (as applicable) to the Dwelling;
17.2 Installations include those which the Landlord owns or leases which directly or indirectly serve the Dwelling.
17.3 The Landlord shall not be responsible for repair of any fixtures and fittings that belong to the Tenant which make use of gas, electricity and/or water.
17.4 The Landlord shall not be responsible for the repair or maintenance of any equipment belonging to and/or installed by the Tenant and which the latter would be entitled to remove from the Dwelling at the end of the Tenancy unless a previous written agreement is in place and attached to this Agreement;
17.5 If the Dwelling is served by a communal television or communications aerial, the Landlord will take reasonable steps to repair any defect within a reasonable period.
17.6 Where repairs or maintenance have to be done, the Landlord will make reasonable efforts to minimise disruption to the Tenant;
17.7 The Landlord will take all reasonable steps, together with any other joint owners of the water supply installations, to comply with the following obligations namely
(a) all storage cisterns will be properly installed having regard to the need for prevention of waste and contamination and insulation against frost;
(b) the stopcocks and servicing valves will be placed so that they can be readily examined, maintained and operated with reasonable practicability;
(c) the water pipes, both inside and outside the Dwelling, will be effectively protected against freezing and damage from other causes;
(d) The Landlord will inspect the installations for the storage and supply of water for which he is responsible for during the Agreement;
17.8 The Landlord will ensure that the Dwelling meets the Repairing Standard in terms of Chapter 4 of the Housing (Scotland) Act 2006 (a) at the start of the Tenancy and (b) at all times for the duration of the Tenancy. The duty referred to at clause (b) of this Clause applies only where the Tenant notifies the Landlord or the Landlord otherwise becomes aware that work requires to be carried out for the purposes of complying with it. In order to enable the Landlord to comply with this duty the Tenant must inform the Landlord of work required and/or allow the Landlord to determine if any repair is needed by permitting inspection visits.
I. the Repairing Standard does not cover work for which the Tenant is responsible due to a duty to take reasonable care of the Dwelling; nor does it cover for the repair and/or maintenance of any items that are the Tenant’s property.
II. if the Tenant believes that the Landlord has failed to ensure that the Dwelling meets the Repairing Standard during the Tenancy, the Tenant should bring the matter to the attention of the Landlord and/or the Management Company in the first instance. If a solution has not being reached to the satisfaction of the Tenant, he or she has the right to refer the matter to the First-tier Tribunal for Scotland (Housing and Property Chamber) for further consideration. The said Tribunal in particular, carries such powers to require a Landlord to carry out work necessary to meet the Repairing Standard and/or comply with the Furniture and Furnishings (Fire Safety) Regulations 1988 as and if necessary;
17.9 At the beginning of the Residential Period the Landlord will equip the Dwelling with the Room Items/Room Contents and the Communal/Shared Areas with the Shared Items.
17.10 The Landlord will carry out necessary repairs due to fire, flood or Act of God, within a reasonable time or offer equivalent rehousing as soon as it is reasonably possible and will provide temporary accommodation if the Dwelling becomes uninhabitable.
18 Data Protection
The Landlord and the Management Company from time to time shall gather, share and use information provided by the Tenant or obtained from other sources (e.g. reading meters at the Dwelling) for the purpose of managing this Agreement in accordance with data protection laws and our privacy notice. In addition to storing and using this information for their own purposes, the Landlord or the Management Company will share such personal data with certain third parties including relevant utility suppliers, any local authority and the university. In the event that we have serious concerns about your health or well-being you give us permission to contact your named next of kin or guarantor or other person whom you have nominated for this purpose. The Tenant shall provide the Landlord or the Management Company with his/her/their forwarding address at termination of this Agreement. The Landlord and the Management Company will use and share the Guarantor’s personal data in the course of exercising the Landlord or Management Company’s rights under this Agreement against the Guarantor.
19 Notices
19.1 Any notice to the Landlord sent under or in connection with this Agreement shall be deemed to have been sufficiently served if:
(a) sent by first class post or left at the Management Company’s address given on the first page of this Agreement;
(b) sent to the Management Company’s fax number or e-mail address stated on the first page of this Agreement.
19.2 Any notice sent to the Tenant under or in connection with this Agreement shall be deemed to have been sufficiently served if:
(a) sent by first class post or left at the Tenant’s address stated on the first page of this Agreement; or
(b) sent to the Tenant’s e-mail address stated on the first page of this Agreement; or
(c) sent to or left at the Dwelling or the flat in which the Dwelling is located (and marked for the attention of the Tenant).
19.3 Any notice sent by first class post shall be deemed to have been received the day after it was sent.
20 Declarations
In signing this Agreement on taking entry the Tenant:-
(a) confirms that he has made full and true disclosure of all information sought by the Landlord and the Management Company in connection with the granting of this Agreement.
(b) confirms that he has not knowingly or carelessly made any false or misleading statements (whether written or oral) which might affect the Landlord’s decision to grant the Tenancy.
21 Governing Law and Jurisdiction
21.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter will be governed by and construed in accordance with the law of Scotland.
21.2 This Agreement (including the Appendix) are subscribed by the parties as follows:
Signed for the Landlord
on the day of [ ] before the following witness:
Authorised Signatory
Signature of Witness
Full Name
Address
Signed by the Tenant
at
on the day of [ ] before the following witness:
Signature of Witness
Full Name
Address
Signed by the Guarantor
at
on the day of [ ] before the following witness:
Signature of Witness
Full Name
Address
You should read this Agreement and make sure you understand it before you sign it. If you are not sure about anything in this Agreement, you should consider getting independent advice from a solicitor, citizens' advice bureau or legal advice centre. This Agreement is a legally binding document. By signing it you are entering into an enforceable contract with the Landlord and will be bound by the terms of this Agreement.
Appendix
The following are indicative of the costs, based on the Management Company’s past experience, likely to be incurred for damage/cleaning of items/areas should need arise. Charges shown are inclusive of VAT & labour and costs are approximate and will vary depending on the requirement identified at any particular time and/or during the check-out process at the end of the Tenancy. Any charges made will not include any costs attributable to fair wear and tear to the Dwelling, the Development, the Room Items/Room Contents or re-decoration resulting simply because the Dwelling has been occupied by the Tenant.
Redecorate bedroom.................................................................................................. £225 minimum
Redecorate kitchen.................................................................................................... £250 minimum
Redecorate corridor................................................................................................... £200 minimum
Replace mattress..................................................................................................................... £285
Replace/repair bed................................................................................................................... £285
Replace bedside cabinet............................................................................................................. £78
Replace chest of drawers............................................................................................................ £80
Replace/repair wardrobe................................................................................................... up to £180
Replace interior/exterior mirror............................................................................................ up to £58
Replace bookcase...................................................................................................................... £65
Replace desk........................................................................................................................... £180
Replace desk chair..................................................................................................................... £40
Replace curtains........................................................................................ (depending on size) £100
Replace electric panel heater.................................................................................................... £250
Replace bedroom carpet................................................................................................... up to £250
Replace bedroom door............................................................................................................. £320
Replace door lock..................................................................................................................... £100
Replace corridor carpet............................................................................................................. £450
Replace extractor fan................................................................................................................ £300
Replace microwave oven.......................................................................................................... £300
Replace fridge freezer............................................................................................................... £300
Replace hob............................................................................................................................. £280
Replace dining table................................................................................................................. £180
Replace dining chair........................................................................................................... £60 each
Replace coffee table................................................................................................................... £80
Replace sofas.................................................................................................................. up to £450
Replace kitchen worktop........................................................................................................... £250
Replace kitchen blind................................................................................................................. £95
Replace fire blanket.................................................................................................................... £25
Replace fire extinguisher............................................................................................................ £45
Replace intercom phone........................................................................................................... £120
Replacement keys...................................................................................................................... £30
Replace shower cubicle............................................................................................................ £170
Replace shower side panel........................................................................................................ £110
Replace shower tray......................................................................................................... up to £250
Replace heated towel rail.......................................................................................................... £100
Replace bathroom mirror............................................................................................................ £25
Replace toiletry shelf.................................................................................................................. £25
Replace shaving point................................................................................................................ £10
Replace shower hose/head................................................................................................... £10/£15
Replace toilet seat...................................................................................................................... £25
Clean bedroom carpet................................................................................................................ £45
Clean corridor carpet.................................................................................................................. £40
Clean bedroom at end of License if not up to standard........................... £50 (Dependent on condition)
Clean ensuite at end of License if not up to standard.............................. £50 (Dependent on condition)
Clean kitchen at end of License if not up to standard.............................. £70 (Dependent on condition)
Removal per sack of rubbish from Flat/Room/room...................................................................... £10
……………………. Tenant
……………………. Guarantor
……………………. Landlord