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Here’s some info on all our legal stuff, including our tenancy terms and conditions.

 
 
 
 
 
 

CANCELLATION/REFUND POLICY

1. Unless you have already moved into the accommodation, you may cancel your Tenancy Agreement (by giving us written notice of cancellation), at any time during the period ending on the date 14 days after the date we return to you the Customer Copy of this Tenancy Letter, duly completed on behalf of the Landlord (the “Initial Cancellation Period”). If you cancel the Tenancy Agreement in those circumstances, we will make no charge and will return to you your Administration Fee (if applicable) and Security Deposit in full. However, once you move into the accommodation, you lose any right to be released from the Tenancy Agreement, other than in the circumstances set out in paragraph 5 below.

2. Outside the Initial Cancellation Period, but before the Final Cancellation Date, you may cancel your Tenancy Agreement (by giving us written notice of cancellation), on payment of a £50.00 administration charge. For tenancy starting on 1 September 2008, the Final Cancellation Date is 03 June 2008.

3. If, after the Final Cancellation Date, you would like to be released from your Tenancy Agreement and you have found a replacement tenant to take over your tenancy prior to your tenancy Start Date, we will release you from your Tenancy Agreement on payment of a £50.00 administration charge. Your Security Deposit will then be refunded to you.

4. If, after the Final Cancellation Date, you would like to be released from your Tenancy Agreement but you have not found a replacement tenant to take over your Tenancy Agreement prior to your tenancy Start Date, then, subject to paragraph 5 below, your Security Deposit will be retained (in accordance with and subject to the Tenancy terms and Conditions) and you will remain liable for the full contractual rent, instalment charge (if relevant) and the capped utilities fee (if applicable).

5. If a replacement tenant is found by you or UNITE* part way through your tenancy, UNITE will release you from your Tenancy Agreement, from the date the new Tenancy Agreement takes effect, upon payment of a £50.00 administration charge. Your Security Deposit will then be refunded (subject to the Tenancy Terms and Conditions.) No refund will be made of the capped utilities fee (if applicable).

*Please note that UNITE will only find a replacement tenant for you once full occupancy has been achieved for the Building.

ASSURED SHORTHOLD TENANCY AGREEMENT

All deposits are registered with Tenancy Deposit Solutions - a company which has been accredited by the government. Please go to www.mydeposits.co.uk for further information or contact your Hospitality Team.

These are the Tenancy Conditions referred to in the foregoing Tenancy Letter:

TENANCY CONDITIONS

1.0 DEFINITIONS AND INTERPRETATION

In these Tenancy Conditions:

1.1 “Common Parts” means the Flat, other than the Room and other rooms within the Flat occupied exclusively by other tenants of the Flat, together with the entrance hall, stairs, corridors, laundry, courtyard, lifts, bicycle store and any other common areas within the Building provided for the benefit of all tenants;

“Contents” means the furnishings and effects to be found in the Room or the Common Parts of the Flat as listed in the inventory to be provided to the Tenant on moving-in to the Room;

“Room” means the Room as defined in the Tenancy Letter, including its fixtures and fittings, carpets, doors and internal glass, but excluding the Service Media within the Room;

“Payee” means Unite Rent Collection Limited, which is the Landlord’s nominated receiver of the Rent, Deposit and Utility Fee, or such other person as the Landlord may from time to time notify in writing to the Tenant.

“Service Media” means central heating and hot water systems, electrical services for power and lighting, drainage and water services, and any data or phone services provided;

“Tenancy Agreement” means the tenancy agreement constituted by the Tenancy Letter and these Tenancy Conditions; and “Tenancy Letter” means the tenancy letter addressed to the Tenant which is enclosed with these Tenancy Conditions;

“Tenancy Period” means the period from and including the Tenancy Start Date and ending on and including the Tenancy End Date.

1.2 Unless set out to the contrary above, all terms defined in the Tenancy Letter shall have the same meanings in these Tenancy Conditions.

1.3 The expression the “Landlord” includes the person who at any particular time has the right to receive rent under the Tenancy Agreement.

1.4 Any obligation on the Landlord or the Tenant not to do any act or thing includes an obligation to take all reasonable steps not to permit or suffer any other person to do any such act or thing.

1.5 Where any party to the Tenancy Agreement comprises two or more persons, all their obligations can be enforced against them jointly or as separate individuals.

1.6 The headings in these Tenancy Conditions are for convenience only and are not to be considered in interpreting the Tenancy Agreement.

2.0 THE LETTING

2.1 The Landlord lets the Room to the Tenant for the Tenancy Period.

2.2 The Tenant is granted the following rights for the benefit of the Room in common with the Landlord and all other tenants of the Building (including all other persons from time to time duly authorised by the Landlord): 2.2.1 the right to use the Common Parts, including the right to come and go to and from the Room over such of the Common Parts as are designed or designated to afford access; and 2.2.2 the right to use the shared facilities within the Common Parts of the Flat. 2.3 The Landlord reserves the following rights over the Room: 2.3.1 the right for the Landlord and those authorised by the Landlord to enter the Room on reasonable written notice (except in cases of emergency) for any purpose mentioned in these Tenancy Conditions; and 2.3.2 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 Room.

3.0 THE TENANT’S OBLIGATIONS

3.1 The Tenant shall accept the Room, the Flat, the Common Parts and the Building as being in good and tenantable repair and condition and fit for the purposes for which they are let and/or intended to be used as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date.

3.2 The Tenant shall accept that all the Contents are present in the Room or the Flat unless the Tenant informs the Landlord in writing that items are missing from the inventory within 48 hours of the Tenancy Start Date. The Tenant will:

3.3 Pay the Rent to the Payee on the Rent Payment Dates. The Tenant will not set-off any amounts against the Rent without first providing the Landlord with receipts for the costs properly incurred by the Tenant. Any person who is not the Tenant and who makes payments due from the Tenant does so as agent of the Tenant.

3.4 If payment of the Rent or any other money due from the Tenant is late, pay interest at the rate of 3% per annum above the base rate of National Westminster Bank plc from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgement by a Court). Interest will be charged on a daily basis and shall be compounded monthly.

3.5 Pay to the Landlord an administration fee of £25 plus VAT for each letter sent to the Tenant in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement.

3.6 Promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Flat and/or the Building.

3.7 Operate the Service Media and electrical appliances in the Flat in accordance with the manufacturer’s instructions and not change, damage, alter or interfere with them in any way and ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations.

3.8 Pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Flat or the Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if: 3.8.1 the Tenant caused the damage to the Room; 3.8.2 all the tenants of the Flat caused the damage to the shared facilities in the Common Parts of the Flat; and 3.8.3 all the tenants entitled to use the Common Parts caused the damage to the Common Parts.

3.9 To allow the Landlord and those authorised by the Landlord upon reasonable written notice (except in cases of emergency) to enter the Flat at reasonable times to: 3.9.1 inspect its condition; 3.9.2 carry out any necessary repairs or alterations to the Room and/or Flat and/or Building; 3.9.3 maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room; and 3.9.4 carry out viewings of the Room and/or Flat with prospective tenants. The Landlord will cause minimum possible inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period.

3.10 Provide the Landlord with a certificate of exemption for council tax or, if the Tenant is not entitled to such a certificate, the Tenant will reimburse the Landlord for the council tax. The Tenant shall also reimburse the Landlord for all other taxes, charges, duties, outgoings or assessments which are payable during the Tenancy Period in respect of the Room and/or the Tenant’s use of the Room or any other part of the Building including television licence fees, charges for the use of a telephone (if any) in the Flat or Room and rental or other recurring charges during the Tenancy Period.

3.11 Maintain the Room and, jointly and severally with the other tenants of the Flat, the Common Parts of the Flat in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date (except for damage by accidental fire and water from the domestic services infrastructure).

3.12 Maintain the Contents in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the inventory provided to the Tenant on moving in to the Room shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 3.2.

3.13 Not remove any of the Contents from the Room or the Common Parts of the Flat, as the case may be.

3.14 Occupy the Room personally for residential purposes only.

3.15 Not transfer the tenancy created by the Tenancy Agreement to anyone else without first obtaining the Landlord’s written consent, which must not be unreasonably withheld. The Landlord may, as a condition to giving its consent to the proposed transfer: 3.15.1 charge the Tenant an administration fee of £50; and 3.15.2 require the Tenant and/or the Guarantor to enter into a guarantee of the incoming tenant’s obligations under the Tenancy Agreement (but only for such time as the incoming tenant remains the tenant under the Tenancy Agreement) in a form reasonably required by the Landlord; and 3.15.3 if it is reasonable to do so, require the incoming tenant to provide a guarantor of his/her own in respect of the obligations of the incoming tenant under the Tenancy Agreement; and 3.15.4 require the incoming tenant to enter into an agreement with the Landlord which confirms that the incoming tenant will observe and comply with the obligations of the Tenant contained in the Tenancy Agreement. The Tenant will not sublet the Room or part with possession or share occupation of the Room or any part of it under any circumstances.

3.16 Not carry on any profession, trade or business whatsoever in the Room or the Flat.

3.17 Not use the Room or the Flat for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants of the Building or any adjoining premises and in particular, the Tenant will: 3.17.1 not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Flat, can be heard outside those Common Parts; 3.17.2 not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971); 3.17.3 not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person; and 3.17.4 not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles.

3.18 Not damage or leave in a dirty or untidy state any parts of the Building.

3.19 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Flat, the Contents or the Building.

3.20 Not to fix anything whatsoever to the interior of the Room or the Common Parts of the Flat in any manner which may damage the structure or decoration of the Room or the Common Parts of the Flat or to place anything outside the windows of the Room or the Common Parts of the Flat.

3.21 Deliver the Room, the Contents and the key to the Room/Flat to the Landlord at the end of the Tenancy Period in the same condition as recorded in the inventory and, by no later than the Tenancy End Date, clear the Tenant’s own belongings from the Room and the Common Parts of the Flat.

3.22 Ensure that any refuse is deposited in the receptacles provided for the purpose in the Building.

3.23 Not erect any external wireless or television aerial or satellite dish.

3.24 Not keep any animal, bird, insect or reptile in the Room.

3.25 Not do anything in the Room or the Common Parts which would prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.

3.26 Not obstruct any means of access within the Building.

3.27 Pay all reasonable and proper costs and expenses (including legal costs, unless a Court orders otherwise, and fees payable to a surveyor and any value added tax thereon) incurred by the Landlord in or in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.

3.28 Pay to the Payee the Deposit as security for the performance of the Tenant’s obligations. 3.28.1 At the end of the Tenancy Period, the Tenant will be given the opportunity to attend a check-out inspection with a representative of the Landlord with a view to reaching agreement as to what, if any, deductions the Landlord shall be entitled to make from the Deposit. If no agreement is reached, subject to the consent of both parties, the matter will be resolved by the Alternative Dispute Resolution Service (“ADR”) (details of which will be supplied to the Tenant within 14 days of receipt of the Deposit). If the parties do not agree to ADR then the dispute will determined by determined by the Court.. 3. 3.28.2 The Deposit (or the agreed or determined proportion thereof), shall be returned to the Tenant within ten days of the Landlord and Tenant agreeing the amount to be returned or, if the matter is determined by ADR or the Courts, within ten days of such determination. 3.28.4 The Tenant will not set-off the Deposit against any payment of Rent due to the Landlord.

3.29 Not to tamper with the Landlord’s fire prevention and control equipment and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.

3.30 Not to use designated fire escapes except for the purposes of emergency escape.

3.31 To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time and in the event of conflict between the terms of these Tenancy Conditions and any such regulations, the terms of these Tenancy Conditions shall prevail.

3.32 To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.

4.0 THE LANDLORD’S OBLIGATIONS

The Landlord agrees with the Tenant as follows:

4.1 That if the Tenant pays the Rent and performs all the obligations of the Tenant under the Tenancy Agreement, then the Tenant may quietly possess and enjoy the Room during the Tenancy Period without any interruption from the Landlord or any person acting on the Landlord’s behalf (save as otherwise expressly set out in these Tenancy Conditions to the contrary);

4.2 To maintain and repair the structure of the Building including the window frames and window glass;

4.3 To maintain, repair, clean, decorate and provide adequate heating and lighting to the Common Parts;

4.4 To maintain all Service Media serving the Flat and / or the Common Parts;

4.5 To provide an adequate supply of hot and cold water, heating and electrical power to the Flat;

4.6 To provide security facilities for the Building; and 4.7 To provide and maintain equipment in the Common Parts.

5.0 ALTERNATIVE ACCOMMODATION

5.1 The Landlord reserves the right during the Tenancy Period to move the Tenant to alternative accommodation (which may be in a hotel) only for the purpose of carrying out emergency repairs PROVIDED THAT: 5.1.1 The Tenant is given reasonable notice; and 5.1.2 The Tenant will occupy the alternative accommodation on the terms of the Tenancy Agreement.

6.0 AGREEMENTS AND DECLARATIONS

6.1 It is agreed between the Landlord and the Tenant that if at any time: 6.1.1 the whole or any part of the Rent shall be unpaid for one month after it becomes due (whether legally demanded or not); or 6.1.2 there has been a serious breach, non-performance or non-observance of the Tenant’s obligations; or 6.1.3 any of the grounds set out in the Housing Act 1988 Schedule 2 Grounds 2, 6, 8, 10-15 (inclusive), and 17 apply 1 the Landlord may apply for a Court Order stating that the Landlord shall be entitled to repossess and enjoy the Room as if the Tenancy Agreement has not been granted. If the Court Order is granted the Tenancy shall end immediately but without prejudice to any right of action or remedy of either the Landlord or the Tenant in respect of any previous breach of the other’s obligations under the Tenancy Agreement.

6.2 If the Room, Flat and/or Building are destroyed, or are otherwise damaged so as to render the Room and/or the Flat incapable of occupation, then either the Landlord or the Tenant may end the Tenancy Agreement by giving the other one month’s written notice. 1 These grounds cover such situations as where a mortgagee requires possession to exercise its power of sale; where the Landlord intends to demolish, reconstruct or carry out substantial work; arrears of rent and delay in payments; Tenant’s obligations broken or not performed; deterioration in the condition of the property; bad conduct of the Tenant and visitors; ill-treatment of furniture; and where a tenancy is granted as a result of a false statement.

7.0 GUARANTEE

The Guarantor will ensure that the Tenant pays the Rent and performs and observes the Tenant’s obligations under the Tenancy Agreement. If the Tenant does not pay the Rent and/or perform and observe the Tenant’s obligations, the Guarantor will do so instead, and will reimburse the Landlord for any losses, damages, costs and expenses suffered by or incurred by the Landlord as a result. The Landlord is under no obligation to bring any claims against the Tenant before bringing any action against the Guarantor.

8.0 SEVERABILITY

If any term, condition or provision contained in the Tenancy Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of the Tenancy Agreement shall not be affected.

9.0 NOTICES

As required by Section 48 of the Landlord and Tenant Act 1987 the Tenant is hereby notified that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address: The UNITE Group plc The Core 40 St Thomas Street Bristol BS1 6JZ The addresses for service of notices on the Tenant and/or the Guarantor are the addresses of those parties as set in the Tenancy Letter.

 
 
 
 
 
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