Common use of DEFAULT BY THE TENANT Clause in Contracts

DEFAULT BY THE TENANT. 12.1 The Landlord reserves the right to re-enter the Property if: (a) the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) the Tenant is declared bankrupt under the Insolvency Act 1986; (c) the Tenant has breached the agreement; or (d) any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply. This clause 12.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant shall remain in force. 12.3 If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay all reasonable costs and expenses awarded by the Court or incurred by the Landlord for the following: (a) recovering or attempting to recover any Rent or other monies in arrears; (b) the enforcement of any reasonable obligation of the Tenant under this Agreement; (c) the service of any Notice relating to any major breach of this Agreement whether or not court proceedings are brought; (d) any re-letting costs or commission incurred by the Landlord if the Tenant vacates the Property early apart from according to a relevant break clause.

Appears in 4 contracts

Sources: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

DEFAULT BY THE TENANT. 12.1 The Landlord reserves the right to re-enter the Property if: (a) : the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) ; the Tenant is declared bankrupt under the Insolvency Act 1986; (c) ▇▇▇ ▇▇▇▇; the Tenant has breached the agreement; or (d) or any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply. This clause 12.1 17.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977▇▇▇ ▇▇▇▇. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 . If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant shall will remain in force. 12.3 If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 . If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay all any reasonable costs and expenses awarded by the Court or properly incurred by the Landlord for the following: (a) recovering in remedying such breaches or attempting to recover any Rent or other monies in arrears; (b) connection with the enforcement of any reasonable obligation those obligations. Notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of the HA 1988 if applicable. That is, that the Landlord used to live in the Property as his or her main home; or intends to occupy the Property as his or her only or main home The tenancy may be brought to an end if the mortgagee requires possession on default of the borrower under Ground 2, Schedule 2 of the HA 1988 Before the Landlord can end this tenancy, he shall serve any notice(s) on the Tenant under in accordance with the provisions of the Housing Acts. Such notice(s) shall be sufficiently served if served at the last known address of the tenant in accordance with section 196 of the Law of Property ▇▇▇ ▇▇▇▇ (see note 5) If the Landlord allows the Tenant to remain in the Property after the Term has expired then this Agreement; (c) tenancy shall continue as a contractual periodic tenancy on a monthly basis. To end the service periodic tenancy the Tenant shall give the Landlord at least one month’s notice in writing. The notice will end on the day before the rent is due The Landlord has the right to recover possession of any Notice relating the Property if: the Term has expired; the Landlord has given two months’ notice to the Tenant of the Landlord’s intention in recover possession of the Property; and at least six weeks have passed since the date of this agreement. The provisions of Schedule 2 shall apply to any major breach of this Agreement whether or not court proceedings are brought; (d) any re-letting costs or commission incurred by disputes between the Tenant and the Landlord if the Tenant vacates the Property early apart from according to a relevant break clauseor Landlord’s Agent.

Appears in 2 contracts

Sources: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

DEFAULT BY THE TENANT. 12.1 The Landlord reserves the right to re-enter the Property if: (a) the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) Should the Tenant is declared bankrupt be in default for a period of more than five (5) business days in the payment of any rent payable under this lease or in the Insolvency Act 1986; (c) performance of any other provision of this lease, the Landlord may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of the default. If the Landlord allows the Tenant has breached to cure the agreement; or (d) default, the Landlord's action shall not be deemed to waive any term of this lease or any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of Landlord's rights hereunder. The parties agree that the HA 1988 apply. This clause 12.1 Landlord does not affect any rights of have a duty to mitigate its damages unless the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possessionsame is required at law. 12.2 If a. The Tenant shall pay any and all costs and expenses, including court costs and reasonable attorney's fees that the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant shall remain in force. 12.3 If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 If may incur if the Tenant breaches this agreement lease or fails a lawsuit or arbitration is required to fulfil enforce or interpret this lease. b. Tenant will be in default if: i. Tenant gives incorrect or false answers in the rental application or in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; ii. Tenant violates any provision of its obligations under this agreementLease; iii. Tenant abandons or surrenders the premises; iv. Any illegal drugs or drug paraphernalia are found in ▇▇▇▇▇▇’s residence; v. ▇▇▇▇▇▇ is arrested, convicted, or given deferred adjudication for a felony offense involving actual or potential physical harm to a person or involving possession, manufacture, or delivery of a controlled substance, marijuana or drug paraphernalia, or any sex-related crime, including a misdemeanor. c. Surrender or Abandonment i. ▇▇▇▇▇▇ has surrendered the residence when (1) the move out date has passed and no one is living in the premises in Landlord’s reasonable judgment; or (2) all keys have been turned in to the Landlord, whichever is later; ii. Tenant shall pay all has abandoned the residence when (1) no one is living in the premises in Landlord’s reasonable costs judgment; (2) clothes, furniture, and expenses awarded by the Court personal belongings have been substantially removed in Landlord’s reasonable judgment; (3) Tenant has been in default for non-payment of rent for five consecutive business days, or incurred by the Landlord gas or electric service for the following: residence has been terminated or transferred to Landlord; and (a4) recovering or attempting Tenant has not responded for two days to recover any Rent or other monies in arrears; (b) Landlord’s notice left on the enforcement of any reasonable obligation inside of the Tenant under this Agreement; (c) main entry door, stating that Landlord considers the service of any Notice relating to any major breach of this Agreement whether or not court proceedings are brought; (d) any re-letting costs or commission incurred by the Landlord if the Tenant vacates the Property early apart from according to a relevant break clausepremises abandoned.

Appears in 1 contract

Sources: Lease Agreement

DEFAULT BY THE TENANT. 12.1 If the rental or any part thereof shall be in arrear for more than seven (7) days after the due date of payment whether formally demanded or not, and/or in the event of any breach or non-observance of the Agreement covenants, terms and conditions herein contained, the Landlord may forfeit the Security Deposit and terminate the tenancy without prejudice to the rights of the Landlord to ▇▇▇ for the arrears or in respect of the breach or non- observance of the terms and conditions herein contained. The Landlord reserves has the absolute right to determine the tenancy hereby granted by either:- a. serving on the Tenant 3 days’ notice to quit and upon the expiration of such notice this tenancy shall be deemed to have been determined absolutely but without prejudice to the Landlord’s rights of action against the Tenant for any antecedent breach of the Tenant’s covenants herein contained; or b. it shall be lawful for the Landlord at any time thereafter to re-enter the Property if: (a) Demised Premises or any part thereof in the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) the Tenant is declared bankrupt under the Insolvency Act 1986; (c) the Tenant has breached the agreement; or (d) any name of the Grounds 2, 8, 10-15 whole and 17 set out in Schedule 2 of thereupon this tenancy shall absolutely determine and the HA 1988 apply. This clause 12.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 If Security Deposit shall be forfeited to the Landlord re-enters but without prejudice to the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of action of the Landlord in respect of any breach of the terms Tenant’s covenants herein contained. In exercising the rights of this agreement by re-entry, the Landlord shall be at liberty to evict the Tenant shall remain in force. 12.3 If as well as to remove all the Tenant vacates Tenant’s properties therefrom. In effecting re-entry into the Property during the Term apart from according to any agreed break clause which is included within the AgreementDemised Premises, the Tenant will remain Landlord may break open any part of the Demised Premises or to lock up the same. The Landlord shall not be held liable for any loss or damage whatsoever caused to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 If the Tenant breaches this agreement or fails to fulfil any Tenant’s properties as a result of its obligations under this agreement, the Tenant shall pay all reasonable costs and expenses awarded by the Court or incurred by the Landlord for the following: (a) recovering or attempting to recover any Rent or other monies in arrears; (b) the enforcement exercising their rights of any reasonable obligation of the Tenant under this Agreement; (c) the service of any Notice relating to any major breach of this Agreement whether or not court proceedings are brought; (d) any re-letting costs or commission incurred by the Landlord if the Tenant vacates the Property early apart from according to a relevant break clauseentry as aforesaid.

Appears in 1 contract

Sources: Tenancy Agreement

DEFAULT BY THE TENANT. 12.1 The Landlord reserves the right to re-enter the Property if: (a) the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) Should the Tenant is declared bankrupt be in default for a period of more than five (5) business days in the payment of any rent payable under this lease or in the Insolvency Act 1986; (c) performance of any other provision of this lease, the Landlord may terminate this lease and regain possession of the leased premises in the manner provided by the laws of the State of Texas in effect at the date of the default. If the Landlord allows the Tenant has breached to cure the agreement; or (d) default, the Landlord's action shall not be deemed to waive any term of this lease or any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of Landlord's rights hereunder. The parties agree that the HA 1988 apply. This clause 12.1 Landlord does not affect any rights of have a duty to mitigate its damages unless the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possessionsame is required at law. 12.2 If a. The Tenant shall pay any and all costs and expenses, including court costs and reasonable attorney's fees that the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant shall remain in force. 12.3 If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 If may incur if the Tenant breaches this agreement lease or fails a lawsuit or arbitration is required to fulfil enforce or interpret this lease. b. Tenant will be in default if: i. Tenant gives incorrect or false answers in the rental application or in bad faith, makes an invalid habitability complaint to an official or employee of a utility company or the government; ii. Tenant violates any provision of its obligations under this agreementLease; iii. Tenant abandons or surrenders the premises; iv. Any illegal drugs or drug paraphernalia are found in ▇▇▇▇▇▇’s residence; v. ▇▇▇▇▇▇ is arrested, convicted, or given deferred adjudication for a felony offense involving actual or potential physical harm to a person or involving possession, manufacture, or delivery of a controlled substance, marijuana or drug paraphernalia, or any sex-related crime, including a misdemeanor. c. Surrender or Abandonment i. ▇▇▇▇▇▇ has surrendered the residence when (1) the move out date has passed and no one is living in the premises in Landlord’s reasonable judgment; or (2) all keys have been turned in to the Landlord, whichever is later; ii. Tenant shall pay all has abandoned the residence when (1) no one is living in the premises in Landlord’s reasonable costs judgment; (2) clothes, furniture, and expenses awarded by the Court personal belongings have been substantially removed in Landlord’s reasonable judgment; (3) Tenant has been in default for non-payment of rent for five consecutive business days, or incurred by the Landlord gas or electric service for the following: residence has been terminated or transferred to Landlord; and (a4) recovering or attempting Tenant has not responded for two days to recover any Rent or other monies in arrears; (b) ▇▇▇▇▇▇▇▇’s notice left on the enforcement of any reasonable obligation inside of the Tenant under this Agreement; (c) main entry door, stating that ▇▇▇▇▇▇▇▇ considers the service of any Notice relating to any major breach of this Agreement whether or not court proceedings are brought; (d) any re-letting costs or commission incurred by the Landlord if the Tenant vacates the Property early apart from according to a relevant break clausepremises abandoned.

Appears in 1 contract

Sources: Lease Agreement

DEFAULT BY THE TENANT. 12.1 19.1 The Landlord reserves the right to re-enter the Property if: (a) the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) the Tenant is declared bankrupt under the Insolvency Act 1986; (c) the Tenant has breached the agreement; or (d) any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply. This clause 12.1 19.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 19.2 If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement Agreement by the Tenant shall will remain in force. 12.3 If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 19.3 If the Tenant breaches this agreement Agreement or fails to fulfil any of its obligations under this agreementAgreement, the Tenant shall pay all any reasonable costs and expenses awarded by the Court or properly incurred by the Landlord for in remedying such breaches or in connection with the followingenforcement of those obligations. 19.4 If in breach of this Agreement the Tenant vacates the Property before the expiry date, the Tenant will be liable to pay: (a) recovering the Rent up to the date that the Property are re-let or attempting to recover any Rent or other monies in arrearsthe expiry date, whichever is the sooner; (b) the enforcement standard rate of Council Tax, or any reasonable obligation of other replacement property tax, at the Tenant under this Agreementrate applicable to the Property up until the date that the Property are re-let or the expiry date whichever is the sooner; (c) any standing and/or consumption charges for utilities up until the service of any Notice relating to any major breach of this Agreement whether date that the Property are re-let or not court proceedings are broughtthe expiry date whichever is the sooner; (d) any a pro-rata part of the Landlord’s costs of re-letting costs the Premises should the Property be re-let before the expiry date. 19.5 If there is a breach of clause 7.4(b) or commission incurred by 7.5 then the Landlord if shall be entitled to terminate absolutely this Agreement (provided that he first complies with his statutory obligations. This means the Tenant vacates Landlord must issue proceedings and obtain an Order for Possession in the County Court). This is without prejudice to the Landlord’s right to enforce all of the provisions set out in this Agreement and in particular, but not limited to, the Tenant’s liability in respect of the payment of Rent until such time as the Property early apart are re-let and the Landlord’s consequential losses arising from according to a relevant break clauseany other breach of the provisions set out in this Agreement.

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

DEFAULT BY THE TENANT. 12.1 The Landlord reserves 11.1 If:- 11.1.1 there shall be any material breach on the right part of the Tenant of any of its obligations contained in this Agreement and the Tenant shall fail to re-enter commence forthwith and proceed diligently to remedy the Property if: (a) breach within such period as may be reasonable after written notice of the Rent is unpaid 21 days after becoming payable whether it breach has been formally demanded or not; (b) given to the Tenant is declared bankrupt under the Insolvency Act 1986; (c) the Tenant has breached the agreementTenant; or 11.1.2 the Tenant does not pay any monies within five days after they become due in accordance with this Agreement or the Tenant fails to enter into the Lease within five days from the date they were meant to do so; 11.1.3 if the Tenant shall commit an act of insolvency (das hereinafter defined) THEN and in any such case the Landlord may:- 11.1.4 by notice in writing require the Tenant to vacate the Premises and (at the Landlord's option) to remove any works carried out to the Premises by the Tenant and to reinstate the Premises whereupon the Tenant shall immediately comply with the requirements of such notice or complete the said works at the cost of the Grounds 2, 8, 10-15 Tenant; or 11.1.5 enter and 17 set out in Schedule 2 resume possession of the HA 1988 apply. This clause 12.1 does Premises and all buildings and erections thereon without making any compensation to the Tenant in respect thereof; or 11.1.6 by notice in writing forthwith determine this Agreement whereupon this Agreement shall cease absolutely and the Landlord shall be at liberty to deal with the Premises as if this Agreement had never been made AND the Tenant shall be responsible for:- 11.1.7 damages at a rate equal to the Yearly Rent (which if the Yearly Rent cannot affect any rights be calculated shall be such sum as the Landlord shall reasonably estimate) and other rent and monies payable as if the Lease had been granted from the Rent Commencement Date up to and until the Premises are re-let by the Landlord together with interest thereon at the Prescribed Rate charged in accordance with the terms of the Tenant under Lease. PROVIDED that the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 If remedies conferred on the Landlord re-enters above shall be cumulative remedies and also shall not prejudice the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord to recover from the Tenant any other sums due to the Landlord from the Tenant hereunder and damages in respect of any breach of the terms of this agreement failure by the Tenant shall remain to perform the obligations on the part of the Tenant contained in forcethis Agreement. 12.3 If the Tenant vacates the Property during the Term apart from according 11.2 The expression "an act of insolvency" referred to any agreed break clause above includes (in relation to a company or other corporation which is included within the Agreement, Tenant) inability of the Tenant will remain liable company to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 If the Tenant breaches this agreement its debts or fails to fulfil any of its obligations under this agreement, if the Tenant shall pay all reasonable costs and expenses awarded by the Court or incurred by the Landlord Enter into liquidation (other than a voluntary members liquidation when solvent for the following: (apurpose of reconstruction or amalgamation forthwith carried into effect) recovering whether voluntarily or attempting compulsorily or if the Tenant shall for any reason be removed from the register of companies or be unable to recover any Rent or other monies in arrears; (b) pay its debts within the enforcement meaning of any reasonable obligation Section 123 of the Tenant under this Agreement; Insolvency ▇▇▇ ▇▇▇▇ or if a petition shall be presented for the appointment of an administrator or a receiver (c) the service of any Notice relating to any major breach of this Agreement whether or not court proceedings are brought; (dan administrative receiver) or manager shall be appointed of the whole. or any re-letting costs part of its undertaking or commission incurred by an administration order shall be made or if there shall be convened a meeting of creditors or members to consider a voluntary arrangement or any other scheme or composition with the Landlord if Tenant's creditors and in relation to the Tenant vacates various events of insolvency they shall wherever appropriate be interpreted in accordance and in conjunction with the Property early apart from according to a relevant break clauseprovisions of the Insolvency Act 1986 or such other legislation that may amend or replace the same.

Appears in 1 contract

Sources: Agreement for Lease (Neon Systems Inc)

DEFAULT BY THE TENANT. 12.1 The 7.1 Without prejudice to any other rights of the Landlord reserves the right occurrence of any of the following events and the expiration of any grace periods hereafter described shall constitute an Event of Default under this Lease on the part of the Tenant: 7.1.1 the Tenant shall fail to pay any sums to be paid by the Tenant under this Lease and such failure shall continue for ten (10) Business Days after the date such payment is due; 7.1.2 the Tenant shall assign its interest in this Lease or sublease the Demised Premises except as permitted in this Lease; 7.1.3 a breach shall be made in the performance of any of the other covenants or conditions that the Tenant is required to observe and to perform (other than those referred to in Sub-clauses 7.1.1 and 7.1.2 above) and such breach shall continue for thirty (30) days after written notice from the Landlord of such breach unless (with respect to any default which cannot be cured within thirty (30) days due to causes beyond the Tenant’s reasonable control) the Tenant in good faith after receiving such written notice shall have commenced and thereafter shall continue diligently to perform all action necessary to cure such default); 7.1.4 the Tenant shall vacate or abandon the Demised Premises or any part thereof for a period of more than sixty (60) consecutive days; 7.1.5 the Tenant shall become insolvent or bankrupt or have a receiving order in bankruptcy made against it or enter into any composition with its creditors; 7.1.6 the Tenant or any assignee or subtenant of the Tenant being an incorporated company shall enter into liquidation whether voluntary or compulsory (except by way of reconstruction or amalgamation) or an encumbrance takes possession or exercises any power of sale or a receiver is appointed of the whole or any part of the undertaking property assets or revenues of such company or such company ceases carrying on its business in the normal course; 7.2 upon the occurrence of an Event of Default then or at any time thereafter while such Event of Default continues the Landlord at the Landlord’s option may have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity: 7.2.1 the Landlord with or without terminating this Lease may immediately or at any time thereafter re-enter the Property if: (a) Demised Premises and correct or repair any condition that shall constitute a failure on the Rent is unpaid 21 days after becoming payable whether it has been formally demanded Tenant’s part to keep observe perform satisfy or not; (b) the Tenant is declared bankrupt under the Insolvency Act 1986; (c) the Tenant has breached the agreement; or (d) abide by any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply. This clause 12.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right term condition covenant agreement or remedy of the Landlord in respect of any breach of the terms obligation of this agreement by Lease and the Tenant shall remain in force. 12.3 If fully reimburse and compensate the Tenant vacates Landlord on demand for the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay all reasonable costs and expenses awarded by the Court or including attorney’s fees incurred by the Landlord for in doing so; 7.2.2 the followingLandlord may terminate this Lease by giving the Tenant fourteen (14) days written notice of such termination and forthwith repossess the Demised Premises and remove all persons or property therefrom and be entitled to recover forthwith as damages a sum of money equal to the total of : 7.2.2.1. the cost of recovering the Demised Premises (a) recovering or attempting to recover including without limitation attorneys’ fees and cost of suit); any Rent or other monies in arrears; (b) costs of the enforcement of any reasonable obligation of Landlord which may be payable by the Tenant under this Agreement; (c) lease are to be reasonable and any provision of the service Lease which attempts to obviate the Landlord’s duty to mitigate its loss or avoid the jurisdiction of any Notice relating to any major breach the Courts of this Agreement whether or not court proceedings Bermuda are brought; (d) any re-letting costs or commission incurred by the Landlord if the Tenant vacates the Property early apart from according to a relevant break clausevoid.

Appears in 1 contract

Sources: Master Lease (RAM Holdings Ltd.)

DEFAULT BY THE TENANT. 12.1 The 7.1 Without prejudice to any other rights of the Landlord reserves the right occurrence of any of the following events and the expiration of any grace periods hereafter described shall constitute an Event of Default under this Lease on the part of the Tenant: 7.1.1 the Tenant shall fail to pay any sums to be paid by the Tenant under this Lease and such failure shall continue for ten (10) days after the date such payment is due; 7.1.2 the Tenant shall assign its interest in this Lease or sublease the whole or any portion of the Demised Premises except as permitted in this Lease; 7.1.3 a breach shall be made in the performance of any of the other covenants or conditions that the Tenant is required to observe and to perform (other than those referred to in Sub-clauses 7.1.1 and 7.1.2 above) and such breach shall continue for thirty (30) days after written notice from the Landlord of such breach unless (with respect to any default which cannot be cured within thirty (30) days due to causes beyond the Tenant's reasonable control) the Tenant in good faith after receiving such written notice shall have commenced and thereafter shall continue diligently to perform all action necessary to cure such default; 7.1.4 the Tenant shall vacate or abandon the Demised Premises or any part thereof for a period of more than sixty (60) consecutive days; 7.1.5 the Tenant shall become insolvent or bankrupt or have a receiving order in bankruptcy made against it or enter into any composition with its creditors; 7.1.6 the Tenant or any assignee or subtenant of the Tenant being an incorporated company shall enter into liquidation whether voluntary or compulsory (except by way of reconstruction or amalgamation) or an encumbrance takes possession or exercises any power of sale or a receiver is appointed of the whole or any part of the undertaking property assets or revenues of such company or such company ceases or threatens to cease carrying on its business in the normal course; 7.2 Upon the occurrence of an Event of Default then or at any time thereafter while such Event of Default continues the Landlord at the Landlord's option may have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity: 7.2.1 the Landlord with or without terminating this Lease may immediately or at any time thereafter re-enter the Property if: (a) Demised Premises and correct or repair any condition that shall constitute a failure on the Rent is unpaid 21 days after becoming payable whether it has been formally demanded Tenant's part to keep, observe, perform, satisfy or not; (b) the Tenant is declared bankrupt under the Insolvency Act 1986; (c) the Tenant has breached the abide by any term, condition, covenant, agreement; or (d) any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply. This clause 12.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms obligation of this agreement by Lease and the Tenant shall remain in force. 12.3 If fully reimburse and compensate the Tenant vacates Landlord on demand for the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay all reasonable costs and expenses awarded by the Court or including attorney's fees incurred by the Landlord for in doing so; 7.2.2 the followingLandlord may terminate this Lease by giving the Tenant fourteen (14) days written notice of such termination and forthwith repossess the Demised Premises and remove all persons or property therefrom and be entitled to recover forthwith as damages a sum of money equal to the total of: 7.2.2.1. The cost of recovering the Demised Premises (a) recovering or attempting to recover any Rent or other monies in arrearsincluding without limitation attorneys' fees and cost of suit); (b) the enforcement of any reasonable obligation of the Tenant under this Agreement; (c) the service of any Notice relating to any major breach of this Agreement whether or not court proceedings are brought; (d) any re-letting costs or commission incurred by the Landlord if the Tenant vacates the Property early apart from according to a relevant break clause.

Appears in 1 contract

Sources: Lease (RAM Holdings Ltd.)

DEFAULT BY THE TENANT. 12.1 12.1. The Landlord reserves the right to re-enter the Property if: (a) the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) the Tenant is declared bankrupt under the Insolvency Act 1986▇▇▇ ▇▇▇▇; (c) the Tenant has breached the agreement; or (d) any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply. This clause 12.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977▇▇▇ ▇▇▇▇. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 12.2. If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant shall will remain in force. 12.3 If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 12.3. If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay all any reasonable costs and expenses awarded by the Court or properly incurred by the Landlord for the following: (a) recovering in remedying such breaches or attempting to recover any Rent or other monies in arrears; (b) connection with the enforcement of those obligations. 12.4. The tenant shall not remove any reasonable obligation of the Tenant under this Agreement;Landlord Fixtures, fittings or furniture without prior written consent. (c) 12.5. The tenants shall not fix or hang, any posters, pictures, photographs or ornaments to the service walls or ceilings or woodwork with nails, glue, sticky tape, blu-tac or similar adhesive fixings without prior written consent or shall be liable for the fair costs of making good, any Notice relating to any major breach of this Agreement whether unreasonable damage or not court proceedings are brought; (d) any re-letting costs marks or commission incurred by the Landlord if the Tenant vacates the Property early apart from according to a relevant break clauseholes caused fixings or their removal.

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement

DEFAULT BY THE TENANT. 12.1 19.1 The Landlord reserves the right to re-enter the Property if: (a) the Rent is unpaid 21 days after becoming payable whether it has been formally demanded or not; (b) the Tenant is declared bankrupt under the Insolvency Act 1986▇▇▇ ▇▇▇▇; (c) the Tenant has breached the agreement; or (d) any of the Grounds 2, 8, 10-15 and 17 set out in Schedule 2 of the HA 1988 apply. This clause 12.1 19.1 does not affect any rights of the Tenant under the Protection from Eviction Act 1977▇▇▇ ▇▇▇▇. The Landlord cannot evict the Tenant without a court having first made an order for possession. 12.2 19.2 If the Landlord re-enters the Property pursuant to this clause, then the Tenancy shall immediately end. Any right or remedy of the Landlord in respect of any breach of the terms of this agreement Agreement by the Tenant shall will remain in force. 12.3 If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires. 12.4 19.3 If the Tenant breaches this agreement Agreement or fails to fulfil any of its obligations under this agreementAgreement, the Tenant shall pay all any reasonable costs and expenses awarded by the Court or properly incurred by the Landlord for in remedying such breaches or in connection with the followingenforcement of those obligations. 19.4 If in breach of this Agreement the Tenant vacates the Property before the expiry date, the Tenant will be liable to pay: (a) recovering the Rent up to the date that the Property are re-let or attempting to recover any Rent or other monies in arrearsthe expiry date, whichever is the sooner; (b) the enforcement standard rate of Council Tax, or any reasonable obligation of other replacement property tax, at the Tenant under this Agreementrate applicable to the Property up until the date that the Property are re-let or the expiry date whichever is the sooner; (c) any standing and/or consumption charges for utilities up until the service of any Notice relating to any major breach of this Agreement whether date that the Property are re-let or not court proceedings are broughtthe expiry date whichever is the sooner; (d) any a pro-rata part of the Landlord’s costs of re-letting costs the Premises should the Property be re-let before the expiry date. 19.5 If there is a breach of clause 7.4(b) or commission incurred by 7.5 then the Landlord if shall be entitled to terminate absolutely this Agreement (provided that he first complies with his statutory obligations. This means the Tenant vacates Landlord must issue proceedings and obtain an Order for Possession in the County Court). This is without prejudice to the Landlord’s right to enforce all of the provisions set out in this Agreement and in particular, but not limited to, the Tenant’s liability in respect of the payment of Rent until such time as the Property early apart are re-let and the Landlord’s consequential losses arising from according to a relevant break clauseany other breach of the provisions set out in this Agreement.

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement