Sample Tenancy Agreement (Scotland)

Tenancy Agreement for Purpose Built Student Accommodation

 

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.

 

Landlord Details

Landlord: [   ] Limited

Landlord Company Number:

Landlord Address: 7th Floor East, Cottons Centre, Cottons Lane, London, United Kingdom, SE1 2QG

 

Tenant Details

Main Tenant’s Full Name:

Tenant’s Current Address:

 

Guarantor Details

Guarantor’s Full Name:

 

Management Details

Management Name: IQSA SERVICES LIMITED

Company Address: 7th Floor East, Cottons Centre, Cottons Lane, London, United Kingdom, SE1 2GQ

Company Registration Number: 09857188



Flat/Room (Which Forms The Dwelling)

Development Name:

Development Address:

Room Type:

Room:

 

Residential Period

Tenancy Dates: The period starting on {Tenancy Start Date} and ending on {Tenancy End Date} 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

 

Payment Details

Booking Fee:

Total Rent:

1st Payment Day:

Rent Instalments:

 

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

 

Preamble

 

A             The Landlord owns the Development (as defined above).

 

B             The Landlord has agreed to grant and the Tenant has agreed to take a tenancy of the Dwelling on the terms and for the consideration as set out in this Agreement.

 

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 and Preamble.

 

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.

 

1.10        Shared 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.

 

1.11        Room 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.

 

1.12        Guarantor – 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

 

1.13        Dwelling – 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.

 

1.14        Development –A single or a group of buildings, to include its surrounding grounds (if any), of which the Dwelling, let under this Agreement forms part.

 

1.15        University/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.

 

1.16        Student – 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. 

 

1.17        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.

 

1.18        The Tenant is jointly and severally liable with other occupiers of the Development for damage caused to any Communal/Shared Areas in the Development.

 

1.19        A 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.

 

1.20        Where 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

 

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          You acknowledge that this Agreement may be terminated on notice by the Landlord if:  

(a)           you notify the Landlord before the Commencement Date that you do not wish to enter into the Tenancy Agreement and the Landlord agrees to release you from it in accordance with the Landlord's cancellation policy which is set out in the Terms and Conditions to the Tenancy Agreement;  

(b)          you fail to complete your application or provide guarantor details and supporting documentation in good time;  

(c)           you provide the Landlord with relevant false or misleading information; and/or  

(d)          the Landlord is prohibited from granting a tenancy because of the Immigration Act 2014 (persons disqualified by immigration status).

 

2.3          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 Booking Fee

 

3.1          Under the terms of this Agreement, the Rent accrues weekly in advance and will be payable as follows:-   

(a)          by payment by the Tenant (to the Landlord, or to the Management Company, acting on behalf of the Landlord) by way of the Rent Instalments detailed in the above Introduction to this Agreement, and all in accordance with the following terms of clause 3 of this Agreement; and   

(b)          if the Tenancy continues beyond the Expiry Date (by express written agreement to that effect between the Landlord and the Tenant) by payment by the Tenant thereafter monthly in advance by the transfer of cleared funds to the specified account.

 

3.2          The Tenant shall ensure that payment of the 1st Payment 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 1st Payment Day and shall also deliver to the Landlord on or before the 1st Payment Day a duly completed and correct direct debit mandate or recurring card authority for the payment of the further Rent Instalments which are also payable by the transfer of cleared funds on the dates detailed in the above Introduction, such sums shall be held by the landlord and applied towards the Rent each month until fully expended.

 

3.3          You have paid a Booking Fee. You agree that your Booking Fee will be treated as a payment towards your first payment of Rent and will be credited to your Rent account.

 

3.4          In all cases the Tenant shall be liable to reimburse the Landlord, or the Management Company (as directed) on demand all bank charges incurred by the Landlord or the Management Company (as directed) on each and every occasion when the instruction for a Rent Instalment is returned by the Landlord’s/Management Company’s bank unpaid.

 

3.5          The Tenant shall not reduce any payment of Rent or Rent Instalment 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.

 

3.6          If a Tenant falls into an unauthorised 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.

 

3.7          If the Tenant fails to pay Rent in full within 14 days of a date upon which payment is required to be made (the “Due Date”), the Landlord may charge, and if charged the Tenant will pay, interest at the rate of 3% per annum above the base rate of the Bank of England from time to time on the outstanding amount from the date after the Due Date until the payment is made in full. Interest will be charged on a daily basis.

 

3.8          If payment of the Rent or any other amount due from the Tenant under this Agreement is late (without prejudice to any other right we have) the Landlord reserves the right to:  

3.8.1      refer the Tenant's account to a debt collection agency and seek from the Tenant, as damages, all reasonable costs and expenses (including legal costs) and any VAT thereon properly incurred by the Landlord to recover outstanding Rent or other amount unpaid by the Tenant; and  

3.8.2      remove internet access whilst the Tenant's account is in arrears.

 

3.9          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.

 

3.10        Electricity and gas consumption and use of water, sewerage and utility services by the Tenant is included within the Rent.

 

3.11        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 reasonable administration costs properly incurred by, the Management Company or the Landlord in addition to the repair charges.

 

3.12        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 which they would not otherwise have incurred  had the request not been made in accordance with the cancellation policy set out in the Booking Terms and Conditions:   

(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 statute to accede to.

 

4              Cancellation Policy

 

4.1          The Landlord’s cancellation policy in relation to the Tenancy Agreement is set out in the Booking Terms and Conditions you agreed to when you paid your Booking Fee.  A copy of this is available on our website.

 

5              The Guarantor

 

5.1          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.

 

5.2          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.

 

5.3          The liability of the Guarantor under clause 5.1 and 5.2 shall continue until the Tenancy comes to an end and the Tenant is released from their obligations under this Agreement.

 

5.4          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)          any variation of this Agreement; or  

(e)          the Tenant dying or becoming incapable of managing their affairs; or  

(f)           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.

 

6              Joint and Several Liability

 

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.

 

7             Tenant’s Obligations

 

7.1          The Tenant agrees that they will:  

(a)          maintain the Room and the Flat and the Communal/Shared Areas in at least as good repair and decorative order and clean condition as it is in at the Tenancy Start Date (or if the Tenant has occupied under a previous tenancy, the earliest start date of any previous tenancies that the Tenant entered into in relation to the Room) except for damage by accidental fire and water from the Service Media);  

(b)          not remove any of the Contents from Room and/or the Flat and/or the Communal/Shared Areas and maintain the Contents in at least as good repair and condition as they are in on the Tenancy Start Date (or if the Tenant has occupied under a previous tenancy, the earliest start date of any previous tenancies that the Tenant entered into in relation to the Room except for fair wear and tear.   

(c)           not attempt to carry out any repairs and promptly notify us of any damage or defect in the Room and/or the Flat and/or the Contents and/or the Development;  

(d)          operate the Service Media and electrical appliances in the Room and the Flat in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which are not supplied by the Landlord comply with all relevant standards and regulations including to permit the Landlord to electrically test equipment at the Tenant’s expense, if requested to do so;  

(e)          Not to allow a build-up of rubbish to occur (particularly food waste) in the Room or kitchen (including the use of a shared kitchen) and to remove waste to the approved site facility in a timely manner; and  

(f)           Keep the Room and the Flat and the Communal/Shared Areas (even where this is a shared facility) in a clean and hygienic state at all times. If in the Landlord’s opinion the Room and/or the Communal/Shared Areas are not maintained to an acceptable and clean state at all times in breach this clause, the Tenant agrees to pay (or jointly pay in the event the Tenant has access to Communal/Shared Areas), as damages, for the cost of having the Room and/or the Communal/Shared Areas professionally cleaned. If as a result of the Tenant’s failure to comply with this clause, the Room and/or the Flat Communal/Shared Areas (including any shared kitchen) become infested with pests, the Tenant agrees to cover, as damages, the cost of any professional treatment to remove such pests.

 

7.2          The Tenant agrees that they will comply with all statutes and other laws and regulations in relation to the use of the Room and the Flat.

 

7.3          The Tenant agrees to pay to the Landlord as damages for any costs the Landlord incurs in repairing any damage to the Room and/or in replacing any of the Contents of the Room and the Flat, which damage is caused by the Tenant or the Tenant’s failure to observe and comply with the Tenant’s obligations under this Agreement.

 

7.4          The Tenant agrees to report any accident or incident in or around the Development to us as soon as possible after it occurs and in any event no later than within 48 hours after it occurs and, if reasonably requested to do so by the Landlord, the Tenant agrees to complete an incident or accident form and return it to the Landlord.

 

7.5          The Tenant agrees that if required by the Landlord the Tenant will pay a fair and reasonable amount in respect of the joint use of utilities provided to the Communal/Shared Areas.

 

7.6          The Tenant agrees that they will occupy the Room and the Flat for personal residential purposes only and that they will not carry on any profession, trade or business whatsoever in the Room or any other use other than private residential.

 

7.7          The Tenant agrees that they will not use the Room or the Development or the Flat for any improper, immoral or illegal purpose nor in any way which may, in the Landlord’s reasonable opinion, be a nuisance, damage or annoyance to the other tenants of the Development, any adjoining premises or to the Landlord, and in particular, the Tenant will not:  

(a)          cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Communal/Shared Areas can be heard outside the Communal/Shared Areas;  

(b)          keep or use ‘legal highs’ or drugs, the possession or use of which is prohibited by law (including but not limited to the Misuse of Drugs Act 1971), and which if discovered the Tenant agrees that the Landlord may remove these for disposal and/or handover to the authorities;  

(c)           smoke in the Room or Development other than in any outside designated smoking areas. This includes ‘vaping’ and/or other forms of e-cigarette or cigarette substitutes that emit smoke or vapours. If the Tenant breaches this clause, the Landlord may seek, as damages, all costs incurred by the Landlord as a result including an inspection fee to ensure the proper operations of the fire detection equipment and/or a cleaning fee to have the area cleaned (details of these costs may be obtained from the Resident’s Handbook);   

(d)          keep or use any firearms, knives (other than domestic kitchen knives), or any weapons of any kind in the Room or Development;  

(e)          harass, intimidate, threaten or assault any other tenants of the Room or the Development or their guests or any of the Landlord’s employees or any other person, or threaten to do so;  

(f)           tamper with the Landlord’s fire prevention systems and control equipment (including not maliciously, recklessly or negligently activating such fire prevention systems). In the event that the Tenant is found to be in breach of this clause the Tenant agrees the Landlord may report the Tenant to the local Fire and Rescue Service, Fire Safety Officer, who may decide to prosecute. The Landlord may also seek damages from the Tenant including the cost to have any fire safety equipment inspected to ensure its continued effective operation;  

(g)          to vacate the Development (and to ensure that any visitors the Tenant has visiting the Development also vacate the Development), immediately whenever the fire alarm is sounded;  

(h)          use designated fire escapes except for the purposes of emergency escape;  

(i)            obstruct any means of access within the Development;  

(j)           keep bicycles (or similar) in any part of the Development other than in areas designated by the Manager;  

(k)          keep, store or use any liquid or gaseous fuel, noxious or explosive substances or compressed gases, gas or oil heaters or other fuel burning appliance in the Development, including deep fat fryers and candles;  

(l)            keep any animal, bird, insect or reptile in the Room or the Communal/Shared Areas, except as permitted by the Landlord;  

(m)         damage or leave in a dirty or untidy state any parts of the Development;  

(n)          alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Contents or the Development;  

(o)          fix anything to the interior of the Room in any manner which may damage the structure or decoration of the Development or the Communal/Shared Areas or place anything outside the windows of the Room or Communal/Shared Areas;  

(p)          dry items of laundry on the heaters within the Development or Room, nor hang them so as to be visible from the outside of the Development;  

(q)          flush sanitary items down the toilet, or pour oil or grease down the drains nor do anything else likely to block or harm the drains;  

(r)           drain or allow to be drained any food waste or cooking oil down the kitchen sink as this will block the drains. If the Tenant breaches this clause the Landlord may seek damages from the Tenant including the cost to have the drains unblocked;  

(s)           tamper with fixtures and fittings including, without limitation, space heating and lighting equipment, kitchen and bathroom fittings and equipment, fire safety equipment, fire doors and restrictors on the windows;  

(t)           erect any external wireless or television aerial or satellite dish;  

(u)          not to tamper with any window restrictors or seek to override their use through the use of proprietary tools;  

(v)          do anything in the Room, or the Flat, or the Communal/Shared Areas which would prejudice or increase the premium payable for the policy of insurance of the Development for the time being in force;  

(w)         compromise the security of the Development by leaving windows open when not in the Room, leaving security doors open or ‘on the latch’ or allowing unauthorised access through ‘tailgating’;  

(x)          use or allow to be used any electrical item that does not conform to the European Union standards for electrical goods and/or which does not carry the EU ‘CE’ conformity marking. If on inspection or other occasion where such objects are found the Tenant gives the Landlord permission to remove such items without payment of compensation which in the Landlord’s opinion may not be electrically safe. Any such items removed will be returned to the Tenant at the Expiry Date;  

(y)          not to use Rice Cookers or Deep Fat Fryers in the Development at any time;  

(z)           not to leave cooking unattended at any time;  

(aa)        not to import, smuggle or take delivery of goods that have been illegally imported for the purpose of evading the payment of duty and/or other taxes and in particular tobacco products. In the event the Landlord suspects that suspicious parcels are being delivered to the sites the Tenant agrees that the Landlord may intercept these, examine the contents and if necessary withhold the contents and inform the appropriate authorities;  

(bb)       not to photograph or record using any other digital media, members of IQSA staff without express consent;  

(cc)         not to bring into the Development any additional appliances or furniture which supplement the facilities provided by the Landlord. This includes, additional refrigerators, freezers, washing machines, bookcases, chests of drawers, wardrobes, portable cookers, gas powered barbeques, spin dryers, or any other device that in the opinion of the Operations Manager is inappropriate for use in the property; and  

(dd)       Not to use electrical extension leads that do not have a safety cut off switch or isolating switch and which do not have the EU ‘CE’ markings. You must not daisy chain such extension leads by plugging them together in-line. You give us permission to remove such installations or devices.

 

7.8          The Tenant agrees that they will allow the Landlord (and those authorised by the Landlord), with reasonable written notice (except in cases of emergency), to enter the Room at reasonable times (causing as little inconvenience as possible), to:

(a)          inspect its condition;  

(b)          carry out viewings of the Room with prospective tenants or purchasers of the Development;  

(c)           carry out any necessary repairs or alterations to the Room and/or Development; and  

(d)          maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room.

 

7.9          The Tenant agrees that the Tenant will allow the Landlord to access the Tenant’s room without notice in the following circumstances:  

(a)          The Landlord suspects that the Tenant is using illegal substances such as drugs or other substances harmful to health including legal highs;  

(b)          To allow the Landlord to check on the Tenant’s welfare if the Landlord has information or suspicion that the Tenant is at risk and the Landlord has not been able to raise the Tenant or get an acknowledgement through knocking at the door to the Room;  

(c)           Where the Landlord is requested to allow access by the Police or other Emergency Services with or without a warrant;  

(d)          To carry out emergency repairs; and/or  

(e)          Any other reason which in the opinion of the Operations Manager requires urgent or immediate access to the Room.

 

7.10        The Tenant agrees to comply with the Residents Handbook and, in particular, agrees to pay any damages suffered by the Landlord which accrue during the Tenancy Period by reason of any breach of the Tenant’s obligations in this Agreement.

 

7.11        The Tenant will inform the appointed manager of the Development if the Tenant is likely to be absent for more than 48 hours, for the purposes of fire safety and security reasons.

 

7.12        The Tenant will remove all refuse/rubbish from the Room, Flat or Communal/Shared Areas to the designated waste collection and recycling points at least once every week unless cleaning of the Room is provided as part of the rent.

 

7.13        The Tenant will make sure that any guests/visitors the Tenant may have to the Development comply with the provisions of this Agreement and the Landlord’s guest policy in place at the Development from time to time as regards use of the Room or Development and the Tenant agrees that they will be responsible for the conduct of such guests/visitors and will be in breach of these Tenancy Terms and Conditions if they fail to comply with the provisions of this Agreement in relation thereto.

 

7.14        The Tenant agrees that they will not allow guests who are under 16 to stay in the Development overnight and/or beyond 10.00pm

 

7.15        The Tenant will obtain prior written approval from the appointed manager of the Development to any party or meeting of more than 6 people. The Tenant will ensure that all gatherings arranged by them or taking place in the Development respect the terms of this Agreement.

 

7.16        The Tenant agrees that they will not tamper with, remove, replace or otherwise interfere with the locks to the Room and/or Flat including any locks or restrictors designed to prevent persons from falling from the window.

 

8              Access by the Landlord

 

8.1          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;

 

8.2          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. 

 

8.3          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.

 

9              At the end of this Agreement

 

9.1          At 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 condition as it was 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; and  

(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.

 

9.2          The statutory rights of the Landlord, the Management Company and the Tenant to take legal action through the courts remain unaffected by this clause 9.

 

10           Expenses related to breaches of this Agreement or recovering possession

 

10.1        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 properly incurred by the Landlord or the Management Company in remedying such breaches or in connection with the enforcement of those obligations.

 

10.2        The Tenant shall also be liable for any reasonable costs properly 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; and  

(b)          removing the Tenant after expiration of the Agreement if he or she is still occupying the Dwelling unauthorised.

 

11           Ending of the tenancy

 

11.1        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.

 

11.2        Without prejudice to clause 11.1 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).

 

12           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, the 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.

 

13           Tenant’s indemnity

 

13.1        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;

 

13.2        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.

 

13.3        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.

 

13.4        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.

 

14           Landlord’s obligations

 

14.1        The Landlord agrees with the Tenant that if Tenant pays the Rent in accordance with clause 3.1 of this Agreement and performs all the Tenant’s obligations under this Agreement, then the Tenant may possess and enjoy the Room during the Residential Period without any interruption from the Landlord or any person acting on the Landlord’s behalf (except for any reason expressly set out in this Agreement) and the Landlord will:   

(a)          maintain the installations in the Development and the Room for the supply of water, gas and electricity and for space heating, water heating and sanitation in each case insofar as necessary for the occupation of the Room (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity) and provide a supply of hot and cold water, gas and electricity and for space heating, water heating and sanitation subject to reasonable usage to the Room, the Flat and the Communal/Shared Areas;  

(b)          maintain the structure of the Development including the window frames and window glass;  

(c)           keep the laundry facilities in good repair and working order;  

(d)          clean and maintain and provide heating and lighting to the Communal/Shared Areas; and  

(e)          insure the Development against fire and other usual comprehensive risks as long as insurance cover is available at commercial rates. This insurance does not extend to tenants possessions or belongings.

 

14.2        The Landlord can withdraw or suspend services to be provided by us if the Landlord considers it necessary to do so in the interests of good management, including (without limitation) interruptions to allow the Landlord to carry out repairs or alterations and the Landlord shall not be liable for any costs, expenses, losses, liabilities, damages or actions resulting from doing so nor will the Landlord be obliged to pay compensation for loss of such amenities.

 

14.3        The Landlord reserves the right during the Residential Period to move the Tenant to alternative accommodation (which may be in a hotel) for the purpose of carrying out emergency repairs to the Room or the Flat or the Development or if the Landlord considers it necessary or desirable to avoid difficulties between tenants or for the better management of the Development PROVIDED THAT:  

(a)          the Tenant is given reasonable notice;  

(b)          the alternative accommodation is of no lesser standard than the Room; and  

(c)           the Tenant will occupy the alternative accommodation on the same terms as those of this Agreement.

 

14.4        This provision does not extend to the absence of lift facilities where failure of the lift is beyond our control.

 

14.5        If the conditions of 14.3 are met then the Rent will continue to be payable by the Tenant to the Landlord.

 

14.6        If the Landlord is unable to offer temporary alternative accommodation the Rent will stop being payable until the Room, Flat and the Communal/Shared Areas are reinstated, made habitable and accessible. Any rent paid in advance will be refunded on a daily basis.

 

15           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 the Tenant’s health or well-being the Tenant give us permission to contact the Tenant’s named next of kin or guarantor or other person whom the Tenant has 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.

 

16           Notices

 

16.1        Any notice to the Landlord sent under or in connection with this Agreement shall be deemed to have been sufficiently served if sent by first class post or left at the Landlord and the Management Company’s address given on the first page of this Agreement.

 

16.2        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 or left at the Dwelling or the flat in which the Dwelling is located (and marked for the attention of the Tenant).

 

16.3        Any notice sent by first class post shall be deemed to have been received the day after it was sent.

 

17           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.

 

18           Governing Law and Jurisdiction

 

18.1        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.

 

18.2        This Agreement is subscribed by the parties as follows:



Signed for the Landlord

Landlord’s Signature:

Date and Time Signed:

Witness to Landlord’s Signature:

 

Signed by the Tenant

Tenant’s Signature:

Date and Time Signed:

Witness to Tenant’s Signature:

 

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.