Common use of The Agent will Clause in Contracts

The Agent will. 9.3.1 Comply with the RP’s and its own published procedures and guidance on legal proceedings relevant to the type of Occupancy Agreement in use which are in force at the time. 9.3.2 Either obtain the RP’s written permission or notify the RP in writing before taking legal proceedings against an Occupant as set out in the stages below. Where permission is required, such permission is not to be unreasonably withheld or delayed. Note that this listing of stages for RP approval does not constitute a guide to the action which may be required in any particular case. [Delete permission or notification as agreed] a) Issuing of any notice to terminate or seeking possession of an Occupancy Agreement –permission/notification b) Action following expiry of the notice – permission/notification c) Applying to Court – permission/notification d) Court dates – notification e) Court decisions – notification f) Issuing of Bailiff’s warrant for eviction – permission/notification g) Date of Property repossession – notification 9.3.3 Provide the RP with all supporting information requested to enable it to comply with requests for permission and to monitor action taken. 9.3.4 For all but the exceptional cases referred to in 9.2 where an alternative responsibility has been agreed, bear the cost of all proceedings for possession and claims/defences from occupants in relation to possession (including Human Rights Act challenges), including the employment of a solicitor and barrister, and indemnify the RP from and against all costs associated with any such action taken whether with or without the permission of the RP. Any costs ordered to be paid by the Occupant will belong to the Agent.

Appears in 2 contracts

Sources: Housing Management Contract, Housing Management Contract

The Agent will. 9.3.1 Comply with the RP’s and its own published procedures and guidance on legal proceedings relevant to the type of Occupancy Agreement in use which are in force at the time. 9.3.2 Either obtain the RP’s written permission or notify the RP in writing before taking legal proceedings against an Occupant as set out in the stages below. Where permission is required, such permission is not to be unreasonably withheld or delayed. Note that this listing of stages for RP approval does not constitute a guide to the action which may be required in any particular case. [Delete permission or notification as agreed] a) Issuing of any notice to terminate or seeking possession of an Occupancy Agreement permission/notification b) Action following expiry of the notice – permission/notification c) Applying to Court – permission/notification d) Court dates – notification e) Court decisions – notification f) Issuing of Bailiff’s warrant for eviction – permission/notification g) Date of Property repossession – notification 9.3.3 Provide the RP with all supporting information requested to enable it to comply with requests for permission and to monitor action taken. 9.3.4 For all but the exceptional cases referred to in 9.2 where an alternative responsibility has been agreed, bear the cost of all proceedings for possession and claims/defences from occupants in relation to possession (including Human Rights Act challenges), including the employment of a solicitor and barrister, and indemnify the RP from and against all costs associated with any such action taken whether with or without the permission of the RP. Any costs ordered to be paid by the Occupant will belong to the Agent.

Appears in 1 contract

Sources: Housing Management Contract