Tenancy Agreement Wales

The initial rent is £                        per week payable in advance as set out above.

The first payment is due as set out above in the Payment Dates section.

And further payments are to be made as set out above in the Payments Date section.

 

This fixed term standard contract will end

on

You have paid a booking fee of £

 

The occupation date (when you can begin occupying the dwelling) is:  

Signatures

Please sign below as evidence of your agreement to this contract:

 

Contract-holder(s)

Name:

Signature:

Date:

 

Landlord

Name:

Date:

 

Rent Smart Wales

Registration Number: RN-75111-65852

Licence Number: LR-75003-34452

PART 3

 

FIXED TERM STANDARD CONTRACT – FUNDAMENTAL AND SUPPLEMENTARY TERMS

 

The fundamental and supplementary terms of this fixed term standard contract are set out in this Part. Fundamental terms that cannot be left out of this contract or changed^[1]have (F) added after the term sub-heading. Fundamental terms that can be left out or changed have (F+) added. Supplementary terms have (S) added.

 

Where additional terms are included Additional terms have (A) added.

 

Where any fundamental or supplementary term has been left out of the contract or otherwise changed Text omitted from a fundamental or supplementary term has been struck through and any new text is shown in CAPITALS.

 

Where there is a strike through in this occupation contract, this is because this term is not applicable to the contract between the parties.

 

Where a term is referring to the contract-holder, it usually uses “you” instead of “the contract-holder”. Similarly, where a term is referring to something belonging to the contract-holder, it usually uses “your” rather “the contract-holder’s”.

 

Where footnotes are included Footnotes do not form part of the terms of this contract, but have been included where that is helpful.

 

Contents

Rent and other charges   

Deposit 

Prohibited conduct 

Control of the dwelling   

Care of the dwelling – contract-holder’s responsibilities  

Care of the dwelling – landlord’s obligations   

Making changes to the dwelling or utilities   

Security and safety of the dwelling: contract-holder’s responsibilities   

Creating a sub-tenancy or sub-licence, transferring the contract or taking out a mortgage   

Provisions about joint contract-holders  

Termination of contract – general 

Termination by contract-holder 

Termination by the landlord: possession claims and possession notices   

Termination by the landlord: grounds for making a possession claim     

Court’s Order for possession   

Variation   

Written statements and the provision of information   

Other matters   

ANNEX    

 

TERMS

RENT AND OTHER CHARGES

Receipt of rent or other consideration (S)

1. Within 14 days of a request from you, the landlord must provide you with written receipt of any rent or other consideration paid or provided under the contract. THIS RECEIPT WILL BE PROVIDED THROUGH THE STARREZ BOOKING PORTAL.

Periods when the dwelling is unfit for human habitation (S)

2. You are not required to pay the rent in respect of any day or part day during which the dwelling is unfit for human habitation. WHETHER A DWELLING IS UNFIT FOR HUMAN HABITATION MUST EITHER BE AGREED BETWEEN YOU AND US OR DETERMINED BY A COURT.

Right of set off (F+)

3. If the landlord is liable to pay you compensation under section 87 of the Act, you may set off that liability against rent.

DEPOSIT (UNDER THE TERMS OF THIS OCCUPATION CONTRACT THERE IS NO DEPOSIT PAYABLE)

Form of security (F+)

4.         The landlord may not require security (which includes a deposit) to be given in any form other than —

a) money, or

b) a guarantee.

Requirement to use a deposit scheme (F)

5.         (1) If you pay a deposit under this contract (or another person pays a deposit on your behalf), the deposit must be dealt with in accordance with an authorised deposit scheme

(2) Before the end of the period of 30 days starting with the day on which the deposit is paid, the landlord must —

a) comply with the initial requirements of the authorised deposit scheme, and

b) give you (and any person who has paid the deposit on your behalf) the required information.

(3) The required information is such information as may be specified by the Welsh Ministers in regulations in accordance with section 45 of the Act, relating to —

a) the authorised deposit scheme which applies,

b) the landlord’s compliance with the initial requirements of the scheme, and

c) the operation of Chapter 4 of Part 3 of the Act (Deposits and Deposit Schemes), including your rights (and the rights of any person who has paid the deposit on your behalf) in relation to the deposit.

PROHIBITED CONDUCT

Anti-social behaviour and other prohibited conduct (F)[2]

6          (1) You must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person with a right (of whatever description) —

a) to live in the dwelling subject to this contract, or

b) to live in a dwelling or other accommodation in the locality of the dwelling subject to this contract.

(2) You must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person engaged in lawful activity —

a) in the dwelling subject to this contract, or

b) in the locality of that dwelling.

(3) You must not engage or threaten to engage in conduct —

a) capable of causing nuisance or annoyance to —

(i) the landlord, or

(ii) a person (whether or not employed by the landlord) acting in connection with the exercise of the landlord’s housing management functions, and

b) that is directly or indirectly related to or affects the landlord’s housing management functions

(4) You may not use or threaten to use the dwelling subject to this contract, including any common parts and any other part of a building comprising the dwelling, for criminal purposes.

(5) You must not, by any act or omission —

a) allow, incite or encourage any person who is living in or visiting the dwelling to act as mentioned in paragraphs (1) to (3) of this term, or

b) allow, incite or encourage any person to act as mentioned in paragraph (4) of this term.

CONTROL OF THE DWELLING

Use of the dwelling by the contract-holder (S)

7.         You must not:

1. Carry on or permit any trade or business at the dwelling without the landlord’s consent. CARRY ON ANY TRADE, BUSINESS, OR PROFESSION ON OR FROM THE DWELLING AND YOU MUST USE THE DWELLING AS A SINGLE PRIVATE RESIDENCE ONLY IN THE OCCUPATION OF THE CONTRACT HOLDER. 

 

2. USE THE DWELLING OR ANY COMMON AREAS 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 CONTRACT HOLDERS IN THE BUILDING, ANY ADJOINING PREMISES OR TO THE LANDLORD, AND IN PARTICULAR, YOU WILL NOT:

 

3. CAUSE ANY NOISE WHICH COULD CAUSE A NUISANCE TO OR INTERFERE WITH THE QUIET ENJOYMENT OF ANY OTHER RESIDENT OF THE BUILDING;

 

4. 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 YOU AGREE THAT THE LANDLORD MAY REMOVE THESE FOR DISPOSAL AND/OR HANDOVER TO THE AUTHORITIES;

 

5. SMOKE IN THE DWELLING OR ANY COMMON AREAS 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 YOU BREACH THIS CLAUSE, THE LANDLORD MAY SEEK FROM YOU, 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);

 

6. KEEP OR USE ANY FIREARMS (INCLUDING AIRSOFT AND BALL BEARING GUNS), KNIVES (OTHER THAN DOMESTIC KITCHEN KNIVES), OR ANY WEAPONS OF ANY KIND IN THE DWELLING OR ANY COMMON AREAS, AND WHICH IF DISCOVERED YOU AGREE THAT THE LANDLORD MAY REMOVE THESE FOR DISPOSAL AND/OR HANDOVER TO THE AUTHORITIES;

 

7. HARASS, INTIMIDATE, THREATEN OR ASSAULT ANY OTHER CONTRACT HOLDER OF DWELLING OR THE BUILDING OR THEIR GUESTS OR ANY OF THE LANDLORD’S EMPLOYEES OR ANY OTHER PERSON, OR THREATEN TO DO SO;

 

8. TAMPER WITH THE FIRE PREVENTION SYSTEMS AND CONTROL EQUIPMENT (INCLUDING NOT MALICIOUSLY, RECKLESSLY OR NEGLIGENTLY ACTIVATING SUCH FIRE PREVENTION SYSTEMS). IN THE EVENT THAT YOU ARE FOUND TO BE IN BREACH OF THIS CLAUSE, YOU AGREE THE LANDLORD MAY REPORT YOU TO THE LOCAL FIRE AND RESCUE SERVICE, FIRE SAFETY OFFICER, WHO MAY DECIDE TO PROSECUTE. THE LANDLORD MAY ALSO SEEK DAMAGES FROM YOU INCLUDING THE COST TO HAVE ANY FIRE SAFETY EQUIPMENT INSPECTED TO ENSURE ITS CONTINUED EFFECTIVE OPERATION.

 

1. USE DESIGNATED FIRE ESCAPES EXCEPT FOR THE PURPOSES OF EMERGENCY ESCAPE;

 

10. OBSTRUCT ANY MEANS OF ACCESS WITHIN THE DWELLING OR ANY COMMON AREAS OR THE BUILDING;

 

11. KEEP BICYCLES (OR SIMILAR) IN ANY PART OF THE BUILDING OTHER THAN IN AREAS DESIGNATED BY THE LANDLORD

 

12. 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 BUILDING, INCLUDING DEEP FAT FRYERS AND CANDLES, AND WHICH IF DISCOVERED YOU AGREE THAT THE LANDLORD MAY REMOVE THESE FOR DISPOSAL;

 

13. KEEP ANY ANIMAL, BIRD, INSECT OR REPTILE IN THE DWELLING OR ANY COMMON AREAS, EXCEPT AS PERMITTED BY THE LANDLORD IN ACCORDANCE WITH THE ANIMAL SUPPORT PET POLICY IN PLACE FROM TIME TO TIME;

 

14. DAMAGE OR LEAVE IN A DIRTY OR UNTIDY STATE ANY PARTS OF THE BUILDING;

 

• ALTER, MODIFY, DECORATE, ADD TO OR IN ANY WAY INTERFERE WITH THE STRUCTURE OF THE DWELLING OR THE BUILDING;

 

16. FIX ANYTHING TO THE INTERIOR OF THE DWELLING OR ANY COMMON AREAS IN ANY MANNER WHICH MAY DAMAGE THE STRUCTURE OR DECORATION OF THE DWELLING OR ANY COMMON AREAS OR PLACE ANYTHING OUTSIDE THE WINDOWS OF THE DWELLING OR ANY COMMON AREAS;

 

17. DRY ITEMS OF LAUNDRY ON THE HEATERS WITHIN THE DWELLING OR ANY COMMON AREAS, NOR HANG THEM SO AS TO BE VISIBLE FROM THE OUTSIDE OF THE BUILDING;

 

18. 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;

 

19. DRAIN OR ALLOW TO BE DRAINED ANY FOOD WASTE OR COOKING OIL DOWN THE KITCHEN SINK AS THIS WILL BLOCK THE DRAINS. IF YOU BREACH THIS CLAUSE, THE LANDLORD MAY SEEK DAMAGES FROM YOU INCLUDING THE COST TO HAVE YOUR DRAINS UNBLOCKED;

 

20. 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;

 

21. TAMPER WITH ANY WINDOW RESTRICTORS OR SEEK TO OVERRIDE THEIR USE THROUGH THE USE OF PROPRIETARY TOOLS;

 

5. DO ANYTHING IN THE DWELLING OR THE BUILDING WHICH WOULD PREJUDICE OR INCREASE THE PREMIUM PAYABLE FOR THE POLICY OF INSURANCE OF THE BUILDING FOR THE TIME BEING IN FORCE;

 

23. COMPROMISE THE SECURITY OF THE BUILDING BY LEAVING WINDOWS OPEN WHEN NOT IN THE DWELLING, LEAVING SECURITY DOORS OPEN OR ‘ON THE LATCH’ OR ALLOWING UNAUTHORISED ACCESS THROUGH ‘TAILGATING’;

 

10. 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, YOU GIVE 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 YOU AT THE END OF THIS OCCUPATION CONTRACT ;

 

25. USE RICE COOKERS OR DEEP FAT FRYERS IN THE BUILDING AT ANY TIME;

 

26. LEAVE COOKING UNATTENDED AT ANY TIME;

 

1. 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, YOU AGREE THAT THE LANDLORD MAY INTERCEPT THESE, EXAMINE THE CONTENTS AND IF NECESSARY WITHHOLD THE CONTENTS AND INFORM THE APPROPRIATE AUTHORITIES;

 

2. PHOTOGRAPH OR RECORD USING ANY OTHER DIGITAL MEDIA, MEMBERS OF THE LANDLORD’S STAFF OR AGENTS EMPLOYED BY THE LANDLORD WITHOUT EXPRESS CONSENT;

 

3. BRING INTO THE BUILDING 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 LANDLORD IS INAPPROPRIATE FOR USE IN THE PROPERTY. IF YOU BREACH THIS CLAUSE, THE LANDLORD RESERVES THE RIGHT TO ENTER THE DWELLING AND REMOVE SUCH APPLIANCE OR FURNITURE AND YOU AGREE THAT THE LANDLORD MAY SEEK FROM YOU, AS DAMAGES, ALL COSTS INCURRED BY THE LANDLORD AS A RESULT OF SUCH BREACH INCLUDING ANY INSPECTION AND REMOVAL FEE; AND

 

4. 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 THE LANDLORD PERMISSION TO REMOVE SUCH INSTALLATIONS OR DEVICES.

Permitted occupiers who are not lodgers or sub-holders (S)

8.         You may permit persons who are not lodgers or sub-holders to live in the dwelling as a home.

Right to occupy without interference from the landlord (F+)

9.         (1) The landlord may not, by any act or omission, interfere with your right to occupy the dwelling.

(2) The landlord does not interfere with your right to occupy the dwelling by reasonably exercising the landlord’s rights under this contract.

(3) The landlord does not interfere with your right to occupy the dwelling because of a failure to comply with repairing obligations (within the meaning of section 100(2) of the Act).

(4) The landlord is to be treated as having interfered with your right if a person who —

a) acts on behalf of the landlord, or

b) has an interest in the dwelling, or part of it, that is superior to the landlord’s interest,

interferes with your right by any lawful act or omission.

Landlord’s right to enter the dwelling – Repairs (F+)

10.       (1) The landlord may enter the dwelling at any reasonable time for the purpose of —

a) inspecting its condition and state of repair; or

b) carrying out works or repairs needed in order to comply with the LANDORD’S REPAIRING OBLIGATIONS AND OTHER obligations set out in terms 15 and 16 of this contract; OR

c) TO MAINTAIN, REPAIR AND, IF NECESSARY, REPLACE THE SERVICE MEDIA AND ANY PIPES, CABLES, WIRES, DRAINS AND SEWERS WITHIN THE DWELLING; OR

D) TO CARRY OUT ANY INSPECTIONS REQUIRED BY LAW INCLUDING (BUT NOT LIMITED TO) GAS SAFETY INSPECTIONS, FIRE SAFETY INSPECTIONS AND INSPECTIONS OF ANY SMOKE OR CARBON MONOXIDE ALARMS INSTALLED IN THE DWELLING AND TO CARRY OUT ANY WORKS, REPAIRS, MAINTENANCE OR INSTALLATIONS (INCLUDING THE INSTALLATION OF ANY SMOKE OR CARBON MONOXIDE ALARM) REQUIRED BY LAW.

(2) The landlord must give at least 24 hours’ notice to you before exercising that right.

(3) Paragraph (4) of this term applies where —

a) the dwelling forms part only of a building, and

b) in order to comply with the obligations, set out in terms 15 and 16 the landlord needs to carry out works or repairs in another part of the building.

(4) The landlord is not liable for failing to comply with the obligations under terms 15 and 16 if the landlord does not have sufficient rights over that other part of the building to be able to carry out the works or repairs and was unable to obtain such rights after making a reasonable effort to do so.

 

Landlord’s right to enter the dwelling – repairs to fixtures and fittings (S)

11.       (1) In circumstances where you have not undertaken the repairs that are your responsibility in accordance with term 14(2) and (3), the landlord may enter the dwelling at any reasonable time for the purpose of carrying out repairs to the fixtures and fittings or other items listed in the inventory or replacing them.

(2) But the landlord must give you at least 24 hours’ notice before entering the dwelling.

Landlord’s right to enter the dwelling – Emergencies (S)

12.       (1) In the event of an emergency which results in the landlord needing to enter the dwelling without notice, you must give the landlord immediate access to the dwelling.

(2) If you do not provide access immediately, the landlord may enter the dwelling without your permission.

(3) If the landlord enters the dwelling in accordance with paragraph (2) of this term, the landlord must use all reasonable endeavours to notify you that they have entered the dwelling as soon as reasonably practicable after entry.

(4) For the purposes of paragraph (1) in this term, an emergency includes —

a) something which requires urgent work to prevent the dwelling or dwellings in the vicinity from being severely damaged, further damaged or destroyed, and

b) something which if not dealt with by the landlord immediately, would put at imminent risk the health and safety of you, any permitted occupier of the dwelling or other persons in the vicinity of the dwelling

CARE OF THE DWELLING – CONTRACT-HOLDER’S RESPONSIBILITIES

Duty to take care of the dwelling (S)

13.       You are not liable for fair wear and tear to the dwelling or to fixtures and fittings within the dwelling but must —

a) take proper care of the dwelling, fixtures and fittings within the dwelling and any items listed in the inventory,

b) not remove any fixtures and fittings or any items listed in the inventory from the dwelling without the consent of the landlord,

c) keep the dwelling in a state of reasonable decorative order,

d) not keep anything in the dwelling that would be a health and safety risk to you, any permitted occupier, any persons visiting the dwelling or any persons residing in the vicinity of the dwelling,

e) NOT ALLOW A BUILD-UP OF RUBBISH TO OCCUR (PARTICULARLY FOOD WASTE IN THE DWELLING (INCLUDING YOUR USE OF A SHARED KITCHEN) AND TO REMOVE WASTE TO THE APPROVED SITE FACILITY IN A TIMELY MANNER;

f) REMOVE ALL REFUSE/RUBBISH FROM THE DWELLING TO THE DESIGNATED WASTE COLLECTION AND RECYCLING POINTS AT LEAST ONCE EVERY WEEK UNLESS CLEANING IS PROVIDED AS PART OF THE RENT.

(g) KEEP THE DWELLING INCLUDING ANY COMMON AREAS IN A REASONABLY CLEAN AND HYGIENIC STATE. IF YOU BREACH THIS CLAUSE, THE LANDLORD MAY SEEK, AS DAMAGES, FROM YOU (OR JOINTLY IN THE EVENT YOU HAVE ACCESS TO DWELLING COMMON AREAS), THE COST OF HAVING THE DWELLING PROFESSIONALLY CLEANED. IF AS A RESULT OF YOUR FAILURE TO COMPLY WITH THIS CLAUSE, THE DWELLING (INCLUDING ANY SHARED KITCHEN) BECOMES INFESTED WITH PESTS, THE LANDLORD MAY SEEK FROM YOU, AS DAMAGES, THE COST OF ANY PROFESSIONAL TREATMENT TO REMOVE SUCH PESTS.

h) OPERATE THE SERVICE MEDIA AND ELECTRICAL APPLIANCES IN THE DWELLING 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 COMPLIES WITH ALL RELEVANT STANDARDS AND REGULATIONS INCLUDING TO PERMIT THE LANDLORD TO ELECTRICALLY TEST EQUIPMENT AT YOUR EXPENSE, IF REQUESTED TO DO SO.

i) NOT ATTEMPT TO CARRY OUT ANY REPAIRS OR MAINTENANCE WORKS TO ANY PART OF THE DWELLING OR COMMON AREAS, THE FIXTURES AND FITTINGS, SERVICE MEDIA OR ELECTRICAL APPLIANCES.

J)  IF REQUIRED BY THE LANDLORD, YOU WILL PAY A FAIR AND REASONABLE AMOUNT IN RESPECT OF THE JOINT USE OF UTILITIES PROVIDED TO THE DWELLING COMMON AREAS.

Duty to notify landlord of defect or disrepair (S)

14.      

1. YOU MUST NOT ATTEMPT TO CARRY OUT ANY REPAIRS TO ANY PART OF THE DWELLING OR COMMON AREAS, THE FIXTURE AND FITTINGS, SERVICE MEDIA OR ELECTRICAL APPLIANCES.

 

2. You must notify the landlord as soon as reasonably practicable of any fault, defect, damage or disrepair which you reasonably believe is the landlord’s RESPONSIBILITY BY REPORTING ANY SUCH ISSUE TO RECEPTION OR TO THE LANDLORD VIA THE APP AS SET OUT IN THE RESIDENTS HANDBOOK.

(2) Where you reasonably believe that any fault, defect, damage or disrepair to the fixtures and fittings or items listed in the inventory is not the landlord’s responsibility, you must, within a reasonable period of time, carry out repairs to such fixtures and fittings or other items listed in the inventory, or replace them.

(3) The circumstances in which paragraph (2) of this term applies include where the fault, defect, damage or disrepair has occurred wholly or mainly because of an act or omission amounting to a lack of care by you[3], any permitted occupier or any person visiting the dwelling.

 

CARE OF THE DWELLING – LANDLORD’S OBLIGATIONS

Landlord’s obligation: fitness for human habitation (F+)

15.       (1) The landlord must ensure that the dwelling is fit for human habitation^[4] —

a) on the occupation date of this contract, and

b) for the duration of this contract.

(2) The reference to the dwelling in paragraph (1) of this term includes, if the dwelling forms part only of a building, the structure and exterior of the building and the common parts.

Landlord’s obligation to keep a dwelling in repair (F+)

16.       (1) The landlord must —

a) keep in repair the structure and exterior of the dwelling (including drains, gutters and external pipes), and

b) keep in repair and proper working order the service installations in the dwelling.

(2) If the dwelling forms part only of a building, the landlord must —

a) keep in repair the structure and exterior of any other part of the building (including drains, gutters and external pipes) in which the landlord has an estate or interest, and

b) keep in repair and proper working order a service installation which directly or indirectly serves the dwelling, and which either —

(i) forms part of any part of the building in which the landlord has an estate or interest, or

(ii) is owned by the landlord or is under the landlord’s control.

(3) The standard of repair required by paragraphs (1) and (2) of this term is that which is reasonable having regard to the age and character of the dwelling, and the period during which the dwelling is likely to be available for occupation as a home.

(4) In this contract, “service installation” means an installation for the supply of water, gas or electricity, for sanitation, for space heating or for heating water

Further landlord obligations in relation to terms 15 and 16 (F+)

17.       (1) The landlord must make good any damage caused by works and repairs carried out in order to comply with the landlord’s obligations under terms 15 and 16.

(2) The landlord may not impose any obligation on you in the event of you enforcing or relying on the landlord’s obligations under terms 15 and 16.

Limits on landlord obligations in relation to terms 15 and 16: General (F+)

18.       (1) Term 15(1) does not impose any liability on the landlord in respect of a dwelling which the landlord cannot make fit for human habitation at reasonable expense.

(2) The landlord’s obligations under terms 15(1) and 16(1) do not require the landlord —

a) to keep in repair anything which you are entitled to remove from the dwelling, or

b) to rebuild or reinstate the dwelling or any part of it, in the case of destruction or damage by a relevant cause.

(3) If the dwelling forms part only of a building, the landlord’s obligation under terms 15(1) and 16(2) do not require the landlord to rebuild or reinstate any other part of the building in which the landlord has an estate or interest, in the case of destruction or damage by a relevant cause.

(4) Relevant causes for the purpose of paragraphs (2)(b) and (3) of this term are fire, storm, flood or other inevitable accident.

(5) Term 16(2) does not require the landlord to carry out works or repairs unless the disrepair or failure to keep in proper working order affects your enjoyment of —

a) the dwelling, or

b) the common parts that you are entitled to use under this contract

Limits on landlord obligations in relation to terms 15 and 16: contract-holder’s fault (F+)

19.       (1) Term 15(1) does not impose any liability on the landlord if the dwelling is unfit for human habitation wholly or mainly because of an act or omission (including an act or omission amounting to lack of care) by you or a permitted occupier of the dwelling.

(2) The landlord is not obliged by term 16(1) or (2) to carry out works or repairs if the disrepair, or the failure of a service installation to be in working order, is wholly or mainly attributable to lack of care by you or a permitted occupier of the dwelling.

(3) “Lack of care” means a failure to take proper care —

a) of the dwelling, or

b) if the dwelling forms part only of a building, of the common parts that you are entitled to use under this contract.

(4) THE LANDLORD MAY SEEK FROM YOU, AS DAMAGES, ANY COSTS WE INCUR IN REPAIRING ANY DAMAGE TO THE DWELLING OR COMMON AREAS AND/OR IN REPLACING ANY OF THE CONTENTS OF THE DWELLING OR COMMON AREAS, WHICH DAMAGE IS CAUSED BY YOU OR YOUR FAILURE TO OBSERVE AND COMPLY WITH YOUR OBLIGATIONS UNDER THIS OCCUPATION CONTRACT.

Limits on landlord obligations in relation to terms 15 and 16: notice (F+)

20.       (1) The landlord’s obligations under term 15(1)(b) and under term 16(1) and (2) do not arise until the landlord (or in the case of joint landlords, any one of them) becomes aware that works or repairs are necessary.

(2) The landlord complies with the obligations under term 15(1)(b) and under term 16(1) and (2) if the landlord carries out the necessary works or repairs within a reasonable time after the day on which the landlord becomes aware that they are necessary.

(3) If —

a) the landlord (the “old landlord”) transfers the old landlord’s interest in the dwelling to another person (the “new landlord”), and

b) the old landlord (or where two or more persons jointly constitute the old landlord, any one of them) is aware before the date of the transfer that works or repairs are necessary in order to comply with term 15(1) or 16(1) or (2),

the new landlord is to be treated as becoming aware of the need for those works or repairs on the date of the transfer, but not before.

Rights of permitted occupiers (F+)

21.       (1) A permitted occupier^[5] who suffers personal injury, or loss of or damage to personal property, as a result of the landlord failing to comply with term 15 or 16, may enforce the term in question in his or her own right by bringing proceedings in respect of the injury, loss or damage.

(2) But a permitted occupier who is a lodger or sub-holder may do so only if the lodger is allowed to live in the dwelling, or the sub-occupation contract is made, in accordance with this contract.

MAKING CHANGES TO THE DWELLING OR UTILITIES

Changes to the dwelling (S)

22.       (1) You must not make any alteration to the dwelling without the consent of the landlord.

(2) the purposes of paragraph (1) of this term, “alteration” includes —

a) any addition to or alteration of the fixtures and fittings in the dwelling,

b) the erection of an aerial or satellite dish,

c) the erection, removal or structural alteration to sheds, garages or any other structures in the dwelling, and

d) the carrying out of external decoration to the dwelling.

Changes to the provision of utilities to the dwelling (S)

23.       (1) You may change any of the suppliers to the dwelling of —

a) electricity, gas, or other fuel or water (including sewerage) services;

b) telephone, internet, cable television or satellite television services.

(2) You must inform the landlord as soon as reasonably practicable of any changes made pursuant to paragraph (1) of this term.

(3) Unless the landlord consents, you must not –

a) leave the dwelling, at the end of the contract, without a supplier of electricity, gas or other fuel (if applicable) or water (including sewerage) services, unless these utilities were not present at the dwelling on the occupation date;

b) install or remove, or arrange to have installed or removed, any specified service installations at the dwelling.

(4) For the purposes of paragraph (3)(b) of this term, “specified service installations” means an installation for the supply of water, gas or electricity or other fuel (if applicable) for sanitation, for space heating or for heating water.

SECURITY AND SAFETY OF THE DWELLING: CONTRACT-HOLDER’S RESPONSIBILITIES

Security of the dwelling – unoccupied periods (S)

24.       If you become aware that the dwelling has been or will be unoccupied for 28 14 28 or more consecutive days, you must notify the landlord as soon as reasonably practicable.

Security of the dwelling – locks (S)

25.          (1) You must take reasonable steps to ensure the dwelling is secure BY ENSURING THE DWELLING IS NOT LEFT UNOCCUPIED FOR ANY PERIOD WHATSOEVER WITHOUT LOCKING AND SECURING ALL DOORS AND WINDOWS

(2) YOU AGREE THAT YOU WILL NOT TAMPER WITH, REMOVE, REPLACE OR OTHERWISE INTERFERE WITH THE LOCKS TO YOUR DWELLING INCLUDING ANY LOCKS OR RESTRICTORS DESIGNED TO PREVENT YOU FROM FALLING FROM THE WINDOWS.

(2) You may change any lock on the external or internal doors of the dwelling provided that any such changes provide no less security than that previously in place.

(3) If any change made under paragraph (2) of this term results in a new key being needed to access the dwelling or any part of the dwelling, you must notify the landlord as soon as reasonably practicable of any change and make available to the landlord a working copy of the new key.

CREATING A SUB-TENANCY OR SUB-LICENCE, TRANSFERRING THE CONTRACT OR TAKING OUT A MORTGAGE

Permissible forms of dealing (F+)

26.       (1) You may not deal with this contract, the dwelling or any part of the dwelling except —

a) in a way permitted by this contract, or

b) in accordance with a family property order (see section 251 of the Act)[6].

(2) A joint contract-holder may not deal with his or her rights and obligations under this contract (or with this contract, the dwelling or any part of the dwelling), except —

a) in a way permitted by this contract, or

b) in accordance with a family property order.

(3) If you do anything in breach of paragraph (1) of this term, or a joint contract-holder does anything in breach of paragraph (2) of this term —

a) the transaction is not binding on the landlord, and

b) you or the joint contract-holder are in breach of this contract (despite the transaction not being binding on the landlord).

(4) “Dealing” includes —

a) creating a tenancy, or creating a licence which confers the right to occupy the dwelling;

b) transferring;

c) mortgaging or otherwise charging.

Permitting lodgers (S)

27.       You must not allow persons to live in the dwelling as lodgers^[7] without the landlord’s consent.

PROVISIONS ABOUT JOINT CONTRACT-HOLDERS

Adding a joint contract-holder (F+)

28.       (1) You, as the contract-holder under this contract, and another person may, with the consent of the landlord^[8], make that person a joint contract-holder under the contract.

If a person is made a joint contract-holder under this term, he or she becomes entitled to all the rights and subject to all the obligations of a contract-holder

under this contract from the day on which he or she becomes a joint contract-holder.

Joint contract-holder ceasing to be a party to a contract -– survivorship (F)

29.       (1) If a joint contract-holder under this contract dies, or ceases to be a party to this contract for some other reason, from the time he or she ceases to be a party the remaining joint contract-holders are —

a) fully entitled to all the rights under this contract, and

b) liable to perform fully every obligation owed to the landlord under this contract.

(2) The joint contract-holder is not entitled to any right or liable to any obligation in respect of the period after he or she ceases to be a party to the contract.

(3) Nothing in paragraph (1) or (2) of this term removes any right or waives any liability of the joint contract-holder accruing before he or she ceases to be a party to the contract.

(4) This term does not apply where a joint contract-holder ceases to be a party to this contract because his or her rights and obligations under the contract are transferred in accordance with the contract.

TERMINATION OF CONTRACT – GENERAL

Permissible termination etc. (F)

30.       (1) This contract may be ended only in accordance with —

a) the fundamental terms of this contract which incorporate fundamental provisions set out in Part 9 of the Act or other terms included in this contract in accordance with Part 9 which are set out in terms 30 to 33, 36 to 46 and term 54^[9], or

b) any enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers.

(2) Nothing in this term affects —

a) any right of the landlord or contract-holder to rescind the contract, or

b) the operation of the law of frustration^[10].

Termination by agreement (F+)

31.       (1) If the landlord and you agree to end this contract, this contract ends —

a) when you give up possession of the dwelling in accordance what you agree with the landlord, or

b) if you do not give up possession and a substitute occupation contract is made, immediately before the occupation date of the substitute occupation contract.

(2) An occupation contract is a substitute contract if —

a) it is made in respect of the same (or substantially the same) dwelling as the original contract, and

b) you were also the contract-holder under the original contract.

Repudiatory breach by landlord (F+)

32.       If the landlord commits a repudiatory breach^[11] of contract and you give up possession of the dwelling because of that breach, this contract ends when you give up possession of the dwelling.

Death of a sole contract-holder (F)

33.       (1) If you are sole contract-holder, this contract ends —

a) one month after your death, or

b) if earlier, when the landlord is given notice of your death by the authorised persons.

(2) The authorised persons are —

a) your personal representatives, or

b) the permitted occupiers of the dwelling aged 18 and over (if any) acting together.

(3) The contract does not end if under section 74 (persons qualified to succeed) of the Act one or more persons are qualified to succeed you.

(4) The contract does not end if, at your death, a family property order^[12] has effect which requires the contract to be transferred to another person.

(5) If, after your death, the family property order ceases to have effect and there is no person qualified to succeed you, the contract ends —

a) when the order ceases to have effect, or

b) if later, at the time the contract would end under the paragraph (1) of this term.

Contract-holders’ obligations at the end of the contract (S)

34.       (1) When you vacate the dwelling at the end of this contract, BY NO LATER THAN 10AM on the last day of this occupation contract you must —

a) remove from the dwelling all property belonging —

(i) to you, or

(ii) to any permitted occupier who is not entitled to remain in occupation of the dwelling,

b) return any property belonging to the landlord to the position that property was in on the occupation date (FAIR WEAR AND TEAR EXCEPTED), and

c) return to the landlord all keys which enable access to the dwelling, which were held during the term of the contract by you or any permitted occupier who is not entitled to remain in occupation of the dwelling.

D) REMOVE ALL PERSONAL POSSESSIONS AND ALL RUBBISH FROM THE DWELLING. ANY PERSONAL ITEMS LEFT BEHIND AT THE END OF THE OCCUPATION AFTER YOU HAVE VACATED SHALL BE CONSIDERED ABANDONED IF THEY HAVE NOT BEEN REMOVED WITHIN 14 DAYS OF WRITTEN NOTICE FROM THE LANDLORD TO YOU, OR IF THE LANDLORD HAS BEEN UNABLE TO TRACE YOU BY TAKING REASONABLE STEPS TO DO SO. AFTER THIS PERIOD, THE LANDLORD MAY REMOVE OR DISPOSE OF THE ITEMS AS THEY DEEM FIT. YOU MAY BE LIABLE FOR THE REASONABLE REMOVAL, STORAGE AND DISPOSAL COSTS WHICH MAY BE DEDUCTED FROM THE PROCEEDS OF SALE (IF ANY), AND YOU MAY REMAIN LIABLE FOR ANY BALANCE. ANY NET PROCEEDS OF THE SALE WILL BE RETURNED TO YOU AT THE FORWARDING ADDRESS PROVIDED TO THE LANDLORD.

E) MAKE SURE THAT ANY REFUSE/RUBBISH IS DISPOSED OF IN THE EXTERNAL BINS PROVIDED FOR THE PURPOSE.

2. IF ANY OF YOUR PERSONAL POSSESSIONS ARE LEFT IN THE DWELLING AND/OR COMMON AREAS IN BREACH OF THIS PROVISION, THE LANDLORD MAY SEEK DAMAGES FROM YOU INCLUDING ALL REASONABLE REMOVAL CHARGES.

 

Repayment of rent or other consideration (S)

35.       The landlord must repay, within a reasonable time at the end of this contract, to you any pre-paid rent or other consideration which relates to any period falling after the date on which this contract ends.

TERMINATION BY CONTRACT-HOLDER

Early termination by contract-holder (F+)

36.       (1) You may end this contract at any time before the earlier of —

a) the landlord giving you a written statement of this contract under term 49(1), or

b) the occupation date.

(2) To end this contract under paragraph (1) of this term, you must give a notice to the landlord stating that you are ending this contract^[13].

(3) On giving the notice to the landlord, you —

a) cease to have any liability under this contract, and

b) become entitled to the return of any deposit, rent or other consideration given to the landlord in accordance with this contract.

Termination of the contract with joint contract-holders (F+)

37.       If there are joint contract-holders under this contract, this contract cannot be ended by the act of one or more of the joint contract-holders acting without the other joint contract-holder or joint contract-holders.

TERMINATION BY THE LANDLORD: POSSESSION CLAIMS AND POSSESSION NOTICES

Possession claims (F)

38.       The landlord may make a claim to the court for recovery of possession of the dwelling from you (“a possession claim”) only in the circumstances set out in Chapters 3 and 7 of Part 9 of the Act which are set out in terms 40 to 45 and 54.

Possession notices (F+)

39.       (1) This term applies in relation to a possession notice which a landlord is required to give to a contract-holder under any of the following terms before making a possession claim —

a) term 41 (in relation to a breach of contract by a contract-holder);

b) term 43 (in relation to estate management grounds);

c) term 45 (in relation to serious rent arrears).

(2) The notice must (in addition to specifying the ground on which the claim will be made) —

a) state the landlord’s intention to make a possession claim,

b) give particulars of the ground for seeking possession, and

c) state the date after which the landlord is able to make a possession claim.

TERMINATION BY THE LANDLORD: GROUNDS FOR MAKING A POSSESSION CLAIM

Breach of contract (F+)

40.       (1) If you breach this contract, the landlord may on that ground make a possession claim.

(2) Section 209 of the Act provides that the court may not make an order for possession on that ground unless it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10 to the Act).

Restrictions on making a possession claim in relation to a breach of contract (F+)

41.       (1) Before making a possession claim on the ground in term 40, the landlord must give you a possession notice specifying that ground.

(2) The landlord may make a possession claim in reliance on a breach of term 6 (anti-social behaviour and other prohibited conduct) on or after the day on which the landlord gives you a possession notice specifying a breach of that term.

(3) The landlord may not make a possession claim in reliance on a breach of any other term of this contract before the end of the period of one month starting with the day on which the landlord gives you a possession notice specifying a breach of that term.

(4) In either case, the landlord may not make a possession claim after the end of the period of six months starting with the day on which the landlord gives you the possession notice.

Estate management grounds (F+)

42.       (1) The landlord may make a possession claim on one or more of the estate management grounds.

(2) The estate management grounds (which are set out in Part 1 of Schedule 8 to the Act) are included in the Annex to this contract.

(3) Section 210 of the Act provides that the court may not make an order for possession on an estate management ground unless —

a) it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10 to the Act), and

b) it is satisfied that suitable alternative accommodation (what is suitable is to be determined in accordance with Schedule 11 to the Act) is available to you (or will be available to you when the order takes effect).

(4) If the court makes an order for possession on an estate management ground (and on no other ground), the landlord must pay to you a sum equal to the reasonable expenses likely to be incurred by you in moving from the dwelling.

(5) Paragraph (4) of this term does not apply if the court makes an order for possession on Ground A or B (the redevelopment grounds) of the estate management grounds (and on no other ground).

Restrictions on making a possession claim under term 42 (estate management grounds) (F+)

43.       (1) Before making a possession claim on an estate management ground, the landlord must give you a possession notice specifying that ground.

(2) The landlord may not make the claim —

a) before the end of the period of one month starting with the day on which the landlord gives you the possession notice, or

b) after the end of the period of six months starting with that day.

(3) If a redevelopment scheme is approved under Part 2 of Schedule 8 to the Act[14] subject to conditions, the landlord may give you a possession notice specifying estate management Ground B before the conditions are met.

(4) The landlord may not give you a possession notice specifying estate management Ground G (accommodation not required by successor) —

a) before the end of the period of six months starting with the day on which the landlord (or in the case of joint landlords, any one of them) became aware of the previous contract-holder’s death, or

b) after the end of the period of twelve months starting with that day.

(5) The landlord may not give you a possession notice specifying estate management Ground H (departing joint contract-holder) after the end of the period of six months starting with the day on which the joint contract-holder’s rights and obligations under this contract ended.

Serious rent arrears (F+)

44.       (1) If you are seriously in arrears with your rent, the landlord may on that ground make a possession claim.

(2) You are seriously in arrears with your rent —

a) where the rental period is a week, a fortnight or four weeks, if at least eight weeks’ rent is unpaid;

b) where the rental period is a month, if at least two months’ rent is unpaid;

c) where the rental period is a quarter, if at least one quarter’s rent is more than three months in arrears;

d) where the rental period is a year, if at least 25% of the rent is more than three months in arrears.

(3) Section 216 of the Act provides that the court must (subject to any available defence based on your Convention rights)[15] make an order for possession of the dwelling if it is satisfied that you —

a) were seriously in arrears with your rent on the day on which the landlord gave you the possession notice, and

b) are seriously in arrears with your rent on the day on which the court hears the possession claim.

Restrictions on making a possession claim under term 44 (serious rent arrears) (F+)

45.       (1) Before making a possession claim on the ground in term 44, the landlord must give you a possession notice specifying that ground.

(2) The landlord may not make the claim —

a) before the end of the period of 14 days starting with the day on which the landlord gives you the possession notice, or

b) after the end of the period of six months starting with that day.

COURT’S ORDER FOR POSSESSION

Effect of order for possession (F+)

46.       (1) If the court makes an order requiring you to give up possession of the dwelling on a date specified in the order, this contract ends —

a) if you give up possession of the dwelling on or before that date, on that date,

b) if you give up possession of the dwelling after that date but before the order for possession is executed, on the day on which you give up possession of the dwelling, or

c) if you do not give up possession of the dwelling before the order for possession is executed, when the order for possession is executed.

(2) Paragraph (3) of this term applies if —

a) it is a condition of the order that the landlord must offer a new contract in respect of the same dwelling to one or more joint contract-holders (but not all of them), and

b) that joint contract-holder (or those joint contract-holders) continues to occupy the dwelling on and after the occupation date of the new contract.

(3) This contract ends immediately before the occupation date of the new contract.

VARIATION

Variation (F – except 47(1)(a) which is F+)

47.       (1) This contract may not be varied except —

a) by agreement between you and the landlord, or

b) by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers.

(2) A variation of this contract (other than by or as a result of an enactment) must be in accordance with term 48.

Limitation on variation (F)

48.       (1) The fundamental terms of this contract set out in paragraph (2) of this term, may not be varied (except by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers).

(2) The fundamental terms to which paragraph (1) of this term applies are —

a) term 5 (requirement to use deposit scheme),

b) term 6 (anti-social behaviour and other prohibited conduct),

c) term 29 (joint contract-holder ceasing to be a party to the occupation contract),

d) term 30 (permissible termination),

e) term 33 (death of sole contract-holder),

f) term 38 (possession claims),

g) term 47(1)(b) and (2),

h) this term, and

i) term 54 (false statement inducing - landlord to make contract to be treated as breach of conduct).

(3) A variation of any other fundamental term (other than by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers) is of no effect —

a) unless as a result of the variation —

(i) the fundamental provision[16] which the term incorporates is incorporated without modification, or

(ii) the fundamental provision which the term incorporates is not incorporated or is incorporated with modification, the effect of this is that your position is improved;

b) if the variation (regardless of whether it is within paragraph (3)(a) of this term) would render the fundamental term incompatible with a fundamental term set out in paragraph (2) of this term.

(4) A variation of a term of this contract is of no effect if it would render a term of this contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this term in a way that would avoid the incompatibility).

(5) Paragraph (4) of this term does not apply to a variation made by or as a result of an enactment.

WRITTEN STATEMENTS AND THE PROVISION OF INFORMATION

Written statements (F+)

49.       (1) The landlord must give you a written statement of this contract before the end of the period of 14 days starting with the occupation date. FOR THE AVOIDANCE OF DOUBT, THIS CONTRACT IS A WRITTEN STATEMENT.

(2) If there is a change in the identity of the contract-holder under this contract, the landlord must give the new contract-holder a written statement of this contract before the end of the period of 14 days starting with—

a) the day on which the identity of the contract-holder changes, or

b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.

(3) The landlord may not charge a fee for providing a written statement under paragraph (1) or (2) of this term.

(4) You may request a further written statement of this contract at any time.

(5) The landlord may charge a reasonable fee for providing a further written statement.

(6) The landlord must give you the further written statement before the end of the period of 14 days starting with —

a) the day of the request, or

b) if the landlord charges a fee, the day on which you pay the fee.

Written statement of variation (F+)

50.       (1) If this contract is varied the landlord must, before the end of the relevant period, give you —

a) a written statement of the term or terms varied, or

b) a written statement of this contract as varied.

(2) The relevant period is the period of 14 days starting with the day on which this contract is varied.

(3) The landlord may not charge a fee for providing a written statement under paragraph (1) of this term.

Provision of information by landlord about the landlord (F+)

51.       (1) The landlord must, before the end of the period of 14 days starting with the occupation date, give you notice of an address to which you may send documents that are intended for the landlord.

(2) If there is a change in the identity of the landlord, the new landlord must, before the end of the period of 14 days starting with the day on which the new landlord becomes the landlord, give you notice of the change in identity and of an address to which you may send documents that are intended for the new landlord.

(3) If the address to which you may send documents that are intended for the landlord changes, the landlord must, before the end of the period of 14 days starting with the day on which the address changes, give you notice of the new address.

Compensation for breach of term 51 (F+)

52.       (1) If the landlord fails to comply with an obligation under term 51, the landlord is liable to pay you compensation under section 87 of the Act.

(2) The compensation is payable in respect of the relevant date and every day after the relevant date until —

a) the day on which the landlord gives the notice in question, or

b) if earlier, the last day of the period of two months starting with the relevant date.

(3) Interest on the compensation is payable if the landlord fails to give you the notice on or before the day referred to in paragraph (2)(b) of this term.

(4) The interest starts to run on the day referred to in paragraph (2)(b) of this term at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 at the end of that day.

(5) The relevant date is the first day of the period before the end of which the landlord was required to give the notice.

Inventory (S)

53.       (1) The landlord must provide you with an inventory in relation to the dwelling no later than the date by which the landlord must provide you with the written statement of this contract in accordance with term 49.

(2) The inventory must set out the dwelling’s contents, including all fixtures and fittings and must describe their condition as at the occupation date.

(3) If you disagree with the information within the inventory, you may provide comments to the landlord.

(4) Where no comments are received by the landlord within 14 days, the inventory is deemed accurate.

(5) Where comments are received by the landlord within 14 days, the landlord must either —

a) amend the inventory in accordance with those comments and send the amended inventory to you, or

b) inform you that the comments are not agreed, and re-send the original inventory to you, with the comments attached to a copy of the inventory, or

c) amend the inventory in accordance with some of the comments and send the amended inventory to you, together with a record of the comments which have not been agreed.

OTHER MATTERS

False statement inducing landlord to make contract to be treated as breach of conduct (F)

54.       (1) If the landlord is induced to make this contract by means of a relevant false statement —

a) you are to be treated as being in breach of this contract, and

b) the landlord may accordingly make a possession claim on the ground in term 40 (breach of contract).

(2) A relevant false statement is one which if it is made knowingly or recklessly by —

a) you, or

b) another person acting at your instigation.

Forms of notices etc. (F+)

55.       (1) Any notice, statement or other document required or authorised to be given or made by this occupation contract must be in writing.

2. Sections 236^[17] and 237 of the Act make further provision about form of notices and other documents, and about how to deliver or otherwise give a document required or authorised to be given to a person by or because of that Act.
3. ANY NOTICE TO THE LANDLORD SENT UNDER OR IN CONNECTION WITH THIS OCCUPATION AGREEMENT SHALL BE DEEMED TO HAVE BEEN PROPERTY SERVIED IF IT IS:
   1. SENT BY FIRST CLASS POST OR LEFT AT THE LANDLORD’S AGENT’S ADDRESS GIVEN IN THE KEY TERMS OF THIS OCCUPATION AGREEMENT; OR
   2. SENT TO THE LANDLORD’S AGENT’S EMAIL ADDRESS GIVEN IN THE KEY TERMS OF THIS OCCUPATION AGREEMENT.
4. ANY NOTICE SENT TO YOU UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN PROPERLY SERVED IF IT IS SENT BY FIRST CLASS POST TO THE DWELLING OR LEFT AT THE DWELLING ADDRESS AND SHALL BE DEEMED TO HAVE BEEN RECEIVED THE DAY AFTER IT WAS SENT.
5. FOR THE PURPOSES OF SECTION 48 OF THE LANDLORD AND TENANT ACT 1987, OUR ADDRESS FOR SERVICE IS THE LANDLORD’S AGENTS ADDRESS AS GIVEN IN THE KEY TERMS OF THIS OCCUPATION AGREEMENT

Passing notices etc. to the landlord (S)

56.       You must —

a) keep safe any notices, orders or other documents delivered to the dwelling addressed to the landlord specifically or the owner generally, and

b) as soon as is reasonably practicable, give the landlord the original copies of any such notices, orders or other documents to the landlord.

 

ADDITIONAL TERMS

 

Compliance with the Resident’s Handbook (A)

 

57.       By entering into this occupation contract, you agree to comply with the Residents Handbook for the building.  A copy of this is available on the landlord’s website at the following URL: https://www.iqstudentaccommodation.com/resident-handbook and you should read its terms before agreeing to the occupation contract

 

            You agree to comply with the Residents Handbook and, in particular, the landlord may seek from you any damages suffered by the landlord which accrue during the occupation contract by reason of any breach of the contract holder’s obligations in this occupation contract.

 

Suspension of withdrawal of services (A)

 

58.       The landlord can withdraw or suspend services to be provided by the landlord if we, ACTING REASONABLY, consider it necessary to do so in the interests of good management THE HEALTH AND SAFETY OF OCCUPIERS, OR DUE TO THE REQUIREMENTS OF REGULATION, OR IN ORDER TO MAINTAIN, REPAIR OR IMPROVE THE BUILDING, INCLUDING(without limitation) interruptions to allows the landlord to carry out repairs or alternations and the landlord will 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.

 

Alternative Accommodation (A)

 

59.       The landlord reserves the right during the occupation contract to move you to alternative accommodation (which may be in a hotel) for the purpose of carrying out emergency repairs to the building, dwelling or common areas or if the landlord (ACTING REASONABLY) considers it necessary or desirable to avoid difficulties between PREVENT RISKS TO YOUR HEALTH, SAFETY OR WELL BEING OR THAT OF OTHER contract holders for the better management of the building, dwelling or common areas or the landlord  decides to close part, or all of the building, dwelling or common areas PROVIDED THAT:

 

1. you are given reasonable notice AND STATUTORY LEGAL PROCESSES ARE FOLLOWED INCLUDING OBTAINING A COURT ORDER WHERE YOU DO NOT AGREE TO MOVE;

 

2. the alternative accommodation is not of a materially lesser standard than the dwelling; and

 

You will occupy the alternative accommodation on the same terms as those of the occupation contract.

 

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

 

If we are unable to offer temporary alternative accommodation the rent will stop being payable until the building, Room or common areas (as appropriate) are reinstated, made habitable and accessible. Any rent paid in advance will be refunded on a daily basis

 

Obligation for payment of rent (A)

 

60.       You agree to pay the rent, due weekly in advance, as specified in the Key Terms regardless of whether this is demanded or not.

 

 

61.       If you fail 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 you 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 (both before and after any judgement by a Court). Interest will be charged on a daily basis.

 

            If payment of the Rent or any amount due from you under this contract is late (without prejudice to any other right we have) the landlord reserves the right to refer your account to a debt collection agency and seek from you, as damages, all reasonable and proper costs and expenses (including legal costs) and any VAT thereon incurred by the landlord to recover outstanding rent or other amounts unpaid by you.   

 

            Any promotional discounts applied to this occupation contract and / or your occupation at the dwelling are conditional on your payment of rent on time and in full.

 

If you have paid a Booking Fee, you agree that your Booking Fee will be treated as a payment towards your first instalment of rent and will be credited to your rent account. 

 

Television Licence (A)

 

62.       You agree to pay for a television licence to the British Broadcasting Corporation for the dwelling (jointly with others if applicable) if a licence is required.

 

Fire Alarm (A)

 

63.       You agree to vacate the dwelling (and to ensure that any visitors have also vacated the dwelling) immediately whenever the fire alarm is sounded.

 

Reporting accidents and incidents (A)

 

64.       You agree to report any accident or any incident that could potentially impact the health and safety or wellbeing of others in or around the dwelling to the landlord 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, you agree to complete an incident or accident form and return it to the landlord.

 

Compliance with all applicable laws, regulations and official guidance in response to the Coronavirus pandemic (A)

 

65.       You agree to comply with all applicable laws, regulation and official guidance made by the United Kingdom Government (or the relevant devolved administration if applicable) in response to the Coronavirus pandemic while in the dwelling.

 

Guests (A)

 

66.       You agree that you will not allow guests who are under 16 to stay in the dwelling overnight and/or beyond 10.00pm.

 

67.       You will obtain prior written approval from the appointed manager of the building to any party or meeting of more than 6 people. You will ensure that all gatherings arranged by you or taking place in the building respect the terms of this contract.

 

            You will make sure that any guests/visitors you may have to the dwelling comply with the provisions of this occupation contract and the landlord’s guest policy in place at the dwelling from time to time as regards use of the dwelling and you agree that you will be responsible for the conduct of such guests/visitors and will be in breach of this occupation contract if they fail to comply with the provisions of this occupation contract in relation thereto.

 

Sanction lists (A)

 

68.       You warrant (confirm) that neither you nor the Guarantor are listed on any sanctions lists, including but not limited to those maintained by HM Treasury, the Office for Foreign Assets Control Sanctions List, the European Union or the United Nations and you and the Guarantor covenant not to become listed thereon and understand that the landlord may terminate this occupation contract if you are found to be listed on the Office for Foreign Assets Control Sanctions List (or equivalent) thereon.

 

Law enforcement databases and offences (A)

 

69.       You warrant (confirm) that you are DO not HAVE ANY UNSPENT CONVICTIONS listed on any United Kingdom law enforcement databases and you covenant not to become listed thereon.

 

70.       You warrant (confirm) that you have not been accused of any violent or sexual offences.

 

71.       It is a condition of this occupation contract that if the landlord has reasonable cause to believe that you have committed any act of fraud or other similar criminal activity in entering into this occupation contract or making any payment due under this occupation contract, you will be in breach of its terms and we may terminate the occupation contract.

 

Student status (A)

 

72.       You warrant (confirm) that you are a student at a higher education establishment in England and Wales and you covenant to continue to be a student at a higher education establishment in England and Wales. If you are found to be or inform the landlord that you are no longer a student at a higher education establishment in England and Wales the landlord reserves the right to terminate this agreement.

 

73.       You will provide any necessary documentation in respect of your student status either to the landlord or if requested to the local authority for the purposes of exempting you from paying Council Tax. Responsibility for paying Council Tax lies with you unless an exemption is given, and you acknowledge that you will meet any sums due in respect of Council Tax determined by the Local Authority. For the avoidance of doubt the determination of the start and end dates of any exemption will be by the Local Authority and may cover only the dates of your course which may be shorter than this occupation contract. 

 

74.       You will advise the landlord of any change in your student status and if you are found to be, or inform the landlord that you are no longer a student at a higher education establishment in England and Wales, you will remain liable for the rent payable for the period of this occupation contract and any council tax or other charges resulting from your change in student status.

 

BREACH OF WARRANTY (A)

 

75.       IF YOU ARE FOUND TO BE IN BREACH OF THE WARRANTIES SET OUT IN CLAUSES 68, 69, 70 AND 72 IF REPEATED DURING THE OCCUPATION CONTRACT AND THE LANDLORD REASONABLY BELIEVES THAT YOUR CONDUCT MAY BE A RISK TO THE SAFETY, HEALTH OR WELL-BEING OF OTHER CONTRACT HOLDERS OR THEN THE LANDLORD RESERVES THE RIGHT TO TAKE STEPS TO TERMINATE THIS OCCUPATION CONTRACT AND/OR APPLY FOR A COURT ORDER STATING THAT WE SHALL REPOSSESS THE DWELLING AS IF THE TERMINATE THE OCCUPATION CONTRACT HAS NOT BEEN GRANTED.

 

Costs (A)

 

76.       The landlord may seek from you, as damages, all reasonable costs and expenses (including (without limitation) legal costs), incurred by the landlord in or in reasonable consideration of proceedings to recover possession of the dwelling and/or outstanding rent and/or any other sum incurred as a result of you not performing your obligations under the occupation contract.

 

77.       You agree that neither the landlord nor anyone employed by the landlord are responsible or liable for any costs, expenses, losses, liabilities, damages or actions of any nature whatsoever relating to or arising out of disputes between contract holders or other occupiers of the building.

 

Injury / damage / loss (A)

 

78.       To the extent permitted by law, neither the landlord nor anyone employed by the landlord will be liable to you or any of your guests for injury, damage, or loss to person or property caused by criminal conduct of other persons including theft burglary, assault, vandalism or other crimes or your personal conflict with other contract holders or occupiers of the building.

           

Guarantor (A)

 

79.       The Guarantor guarantees to the landlord that the contract holder shall pay the rent and any other amount due under this occupation contract and observe and perform the contract holder’s covenants under this occupation contract and that if the contract holder fails to pay the rent or other amount due or to observe or perform any of the contract holder’s covenants, the Guarantor shall pay or observe and perform them.

 

80.       The Guarantor covenants with the landlord as principal obligor and as a separate and independent obligation and liability from its obligations and liabilities under this clause to indemnify and keep indemnified the landlord against any failure by the contract holder to pay the rent or other amount due or any failure by the contract holder to observe or perform any of the contract holder’s covenants under this occupation contract.

 

81.       If you breach the occupation contract at any time during the term, the landlord reserves the right to advise the Guarantor of any such breach without prior notice.

 

82.       The liability of the Guarantor shall not be reduced, discharged or otherwise adversely affected by:

 

1. any time or indulgence granted by the landlord to the contract holder;

 

2. any delay or forbearance by the landlord in enforcing the payment of the rent or other amount due or the observance or performance of any of the contract holder’s covenants under this occupation contract or in making any demand in respect of them;

 

3. the landlord exercising any right or remedy against the contract holder for any failure to pay the rent or other amount due or to observe or perform the contract holder’s covenants of this contract; or

 

4. the contract holder dying or becoming incapable of managing his or her affairs.

 

Use of information (A)

 

83.       The landlord from time to time shall gather, share and use information provided by the contract holder or obtained from other sources for the purpose of managing this occupation contract in accordance with data protection laws and as set out in our privacy notice which is available at https://www.iqstudentaccommodation.com/privacy-policy and privacy centre at https://www.iqstudentaccommodation.com/privacy-centre. In addition to storing and using this information for the landlord’s own purposes, the landlord will share such personal data with certain third parties including relevant utility suppliers, any local authority and the university. You shall provide the landlord with your forwarding address at termination of this occupation contract. The landlord will use and share the Guarantor’s personal data (if applicable) in the course of exercising our rights under this occupation contract against the Guarantor (if applicable).

 

84.       You expressly consent to the landlord sharing your information with selected third parties in the event that the landlord has serious concerns surrounding your health or well-being so the landlord can provide you with support or otherwise take any necessary steps, including your named next of kin, emergency contact, Guarantor, university (including university welfare team) and/or any other person whom you have nominated for this purpose.

 

Cancellation policy (A)

 

85.       This occupation contract is subject to the cancellation policy set out in the landlord’s booking terms and conditions you agreed to when you paid your booking fee which are available on the landlord’s website at the following URL: https://www.iqstudentaccommodation.com/booking-terms-and-conditions-england-wales.

 

Compliance with statutes (A)

 

86.       You agree that you will comply with all statutes and other laws and regulations in relation to your use of the dwelling.

           

Permit parking zone ineligibility (A)

 

87.       You acknowledge that your acceptance of this occupation contract and occupation of your dwelling will result in your ineligibility to participate in any local authority designated or controlled ‘permit parking zone’ within the location of the building where applicable.

 

If the dwelling and/or the building are destroyed (A)

 

88.       It is agreed between you and the landlord that if the dwelling and/or building are destroyed or are otherwise damaged so as to make the dwelling incapable of occupation, then the landlord or you may end this occupation contract by giving the other one month's written notice.

 

Late Arrivals (A)

 

89.       You must move in on the occupation date unless agreed otherwise in writing. If you do not move in within 14 days of the occupation date, unless you have agreed a later date in writing we shall have the right (but shall not be obliged) to terminate this agreement.

           

Landlord’s right to enter – other (A)

90.       You will allow the landlord and their agents, employees, together with any necessary contractors or authorities to enter the dwelling without notice in the following circumstances:

a) we REASONABLY suspect that you are using illegal substances such as drugs or other substances harmful to health including legal highs;

b) WE REASONABLY BELIEVE OR HAVE REASON TO BELIEVE THAT CRIMINAL ACTIVITY IS TAKING PLACE;

c) to allow us to check on your welfare if we have information or REASONABLE suspicion that you are at risk and we have not been able to raise you or get an acknowledgement through knocking at your door;

d) in circumstances where we REASONABLY suspect bad conduct or a risk to YOUR SAFETY OR the safety of other CONTRACT HOLDERS tenants or staff;

e) where we REASONABLY suspect a risk of damage to the building;

f) where we are requested to allow access by the police or other emergency services with or without a warrant;

            g) if the landlord enters the dwelling in accordance with this term, the landlord must use all reasonable endeavours to notify you that they have entered the dwelling as soon as reasonably practicable after entry; or

 

            h) carrying out viewings of the dwelling or common areas with prospective CONTRACT HOLDERS tenants or purchasers of the building.

 

ANNEX

See term 42

ESTATE MANAGEMENT GROUNDS^[18]

REDEVELOPMENT GROUNDS

Ground A (building works)

1 The landlord intends, within a reasonable time of obtaining possession of the dwelling—

(a) to demolish or reconstruct the building or part of the building comprising the dwelling, or

(b) to carry out work on that building or on land treated as part of the dwelling,

and cannot reasonably do so without obtaining possession of the dwelling.

Ground B (redevelopment schemes)

2 (1) This ground arises if the dwelling satisfies the first condition or the second condition.

(2) The first condition is that the dwelling is in an area which is the subject of a redevelopment scheme approved in accordance with Part 2 of this Schedule, and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling in accordance with the scheme.

(3) The second condition is that part of the dwelling is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme, and for that purpose reasonably requires possession of the dwelling.

SPECIAL ACCOMMODATION GROUNDS

Ground C (charities)

3 (1) The landlord is a charity and the contract-holder’s continued occupation of the dwelling would conflict with the objects of the charity.

(2) But this ground is not available to the landlord (“L”) unless, at the time the contract was made and at all times after that, the person in the position of landlord (whether L or another person) has been a charity.

(3) In this paragraph “charity” has the same meaning as in the Charities Act 2011 (c. 25) (see section 1 of that Act).

Ground D (dwelling suitable for disabled people)

4 The dwelling has features which are substantially different from those of ordinary

dwellings and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling and—

(a) there is no longer such a person living in the dwelling, and

(b) the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person’s family).

Ground E (housing associations and housing trusts: people difficult to house)

5 (1) The landlord is a housing association or housing trust which makes dwellings available only for occupation (whether alone or with others) by people who are difficult to house, and—

(a) either there is no longer such a person living in the dwelling or a local housing authority has offered the contract-holder a right to occupy another dwelling under a secure contract, and

(b) the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person’s family).

(2) A person is difficult to house if that person’s circumstances (other than financial circumstances) make it especially difficult for him or her to satisfy his or her need for housing.

Ground F (groups of dwellings for people with special needs)

6 The dwelling constitutes part of a group of dwellings which it is the practice of the

landlord to make available for occupation by persons with special needs and—

(a) a social service or special facility is provided in close proximity to the group of dwellings in order to assist persons with those special needs,

(b) there is no longer a person with those special needs living in the dwelling, and

(c) the landlord requires the dwelling for occupation by a person who has those special needs (whether alone or with members of his or her family).

UNDER-OCCUPATION GROUNDS

Ground G (reserve successors)

7 The contract-holder succeeded to the occupation contract under section 73 as a reserve successor (see sections 76 and 77), and the accommodation comprised in the dwelling is more extensive than is reasonably required by the contract-holder.

Ground H (joint contract-holders)

8 (1) This ground arises if the first condition and the second condition are met.

(2) The first condition is that a joint contract-holder’s rights and obligations under the contract have been ended in accordance with—

(a) section 111, 130 or 138 (withdrawal), or

(b) section 225, 227 or 230 (exclusion).

(3) The second condition is that—

(a) the accommodation comprised in the dwelling is more extensive than is reasonably required by the remaining contract-holder (or contract-holders), or

(b) where the landlord is a community landlord, the remaining contract-holder does not (or the remaining contract-holders do not) meet the landlord’s criteria for the allocation of housing accommodation.

OTHER ESTATE MANAGEMENT REASONS

Ground I (other estate management reasons)

9 (1) This ground arises where it is desirable for some other substantial estate management reason that the landlord should obtain possession of the dwelling.

(2) An estate management reason may, in particular, relate to—

(a) all or part of the dwelling, or

(b) any other premises of the landlord to which the dwelling is connected, whether by reason of proximity or the purposes for which they are used, or in any other manner.