Common use of THE LETTING Clause in Contracts

THE LETTING. 1.1 The Landlord lets the Room to the Tenant for the Tenancy Period. 1.2 Unless set out to the contrary above, all terms defined in the Offer of Tenancy shall have the same meanings in these Tenancy Conditions. 1.3 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. 1.4 Where any party to the Tenancy Agreement comprises of two or more persons, all their obligations can be enforced against them jointly or as separate individuals. 1.5 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): (a) the right (shared with the Landlord, any superior landlord and other occupiers of the Building) 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 on foot only; (b) the right to use the shared facilities within the Apartment; (c) in the case of a communal laundry room and common room, to use them for the normal purposes of such facilities provided that but for the avoidance of doubt any charges for the use of any laundry facilities are payable by the Tenant and are in addition to any rental payments. 1.6 The Landlord and any superior landlord may from time to time vary or exclude some or all of the Common Parts over which the Tenant has these rights provided the Tenant continues to have reasonable means of access to and from and enjoyment of the Room. 1.7 The Landlord reserves the following rights over the Room and the Apartment (a) the right to the free passage and running of water, soil, gas and electricity and other services through any pipes, cables, wires, drains or sewers passing in or through the Room. (b) the right of entry referred to in Clause 2.13

Appears in 2 contracts

Sources: Assured Shorthold Tenancy Agreement, Assured Shorthold Tenancy Agreement

THE LETTING. 1.1 The Landlord lets the Room to the Tenant for the Tenancy Period. 1.2 Unless set out to the contrary above, all terms defined in the Offer of Tenancy shall have the same meanings in these Tenancy Conditions. 1.3 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. 1.4 Where any party to the Tenancy Agreement comprises of two or more persons, all their obligations can be enforced against them jointly or as separate individuals. 1.5 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): (a) the right (shared with the Landlord, any superior landlord and other occupiers of the Building) 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 on foot only; (b) the right to use the shared facilities within the Apartment; (c) in the case of a communal laundry room and common room, to use them for the normal purposes of such facilities provided that but for the avoidance of doubt any charges for the use of any laundry facilities are payable by the Tenant and are in addition to any rental payments. 1.6 The Landlord and any superior landlord may from time to time vary or exclude some or all of the Common Parts over which the Tenant has these rights provided the Tenant continues to have reasonable means of access to and from and enjoyment of the Room. 1.7 The Landlord reserves the following rights over the Room and the Apartment (a) the right to the free passage and running of water, soil, gas and electricity and other services through any pipes, cables, wires, drains or sewers passing in or through the Room. (b) the right of entry referred to in Clause 2.132.13 PLEASE NOTE: These are the things that the Tenant agrees to do or not to do. It is important for the Tenant to understand what he must or must not do, If the Tenant breaks, or does not comply with any of these obligations, the Landlord may be entitled to claim damages or compensation from the Tenant, or to seek other legal remedies against the Tenant, including the possibility of eviction. The Tenant agrees with the Landlord as follows: 2.1 The Tenant shall accept the Room, the Apartment, the Common Parts and the Building as being in good and tenantable repair and condition as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 24 hours of the Tenancy Start Date. 2.2 The Tenant shall accept that all the Contents are present in the Room or the Apartment unless the Tenant informs the Landlord in writing that items are missing from the Inventory within 24 hours of the Tenancy Start Date. 2.3 To pay the Rent promptly on the Rent Payment Dates (as detailed below), and in accordance with the Method of Rental Payment as set out in the Offer of Tenancy, whether formally demanded or not. The Tenant will not set-off any amounts against the Rent. Payments by other persons on behalf of the Tenant will be considered as if payments from the Tenant. 2.4 If payment of the Rent or any other money due from the Tenant is late, the Landlord reserves the right to charge interest at the rate of 4% above the Allied Irish Bank Managed LIBOR (three month) base rate and 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 judgment by a Court). Interest will be charged on a daily basis and the Landlord may recover the interest as though it were rent. 2.5 To pay a fair and reasonable proportion of the cost of providing electricity, gas (if any) and water (the "Utilities") to the Building (such proportion to be determined by the Landlord.) The Rent includes the cost of the Landlord providing the Utilities at an allowance of £320.00 per Tenant per Tenancy Period but this allowance will not necessarily provide the Tenant's total requirement and may need to be topped up by payment of additional sums. If the Tenant's share of the Utilities exceeds the Tenancy Period allowance then the Tenant will pay a fair and reasonable proportion of the overall additional consumption as reasonably determined by the Landlord. The Landlord will notify the Tenant, in writing, of the additional costs for the Utilities and the Tenant will pay such additional costs to the Landlord upon demand and if at the end of the Tenancy Period the Tenant has overpaid its proper share of the cost of Utilities the Landlord will repay the Tenant the overpayment. 2.6 If you are not a fresher under-graduate or a post-graduate student to pay the Deposit on the date hereof. 2.7 To pay the reasonable costs incurred by the Landlord for a third stage arrears letter in respect of late payment of Rent or any other amount due from the Tenant under the terms of the Tenancy Agreement. 2.8 To pay the reasonable costs incurred by the Landlord should it be necessary, in the reasonable opinion of the Landlord, to refer the debt to a solicitor to pursue the matter via the courts. 2.9 To promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Apartment and/or the Building. 2.10 To operate the Service Media and electrical appliances in the Apartment 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 do not belong to the Landlord comply with all relevant standards and regulations. To reduce the risk of health and safety to the Building and Tenants, we offer the facility for the Tenant to have any electrical appliances which do not belong to the Landlord to be Portable Appliance Tested at a reasonable fee. 2.11 To 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 Apartment 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 of its guests 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: (a) the damage to a Room was caused by the Tenant to whom that Room is let; (b) all the tenants of the Apartment caused the damage to the shared facilities in the Apartment; and; (c) all the tenants entitled to use the Common Parts caused the damage to the Common Parts. 2.12 To allow the Landlord and those authorised by the Landlord upon a minimum of 24 hours written notice (except in cases of emergency or a criminal act/offence which may be detrimental to health and safety of the Landlord or Tenant(s) of the building) to enter the Room and the Apartment at reasonable times: (a) to inspect its condition; (b) to carry out any necessary repairs or alterations to the Room and/or Apartment and/or Building; (c) to maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room and/or Apartment (d) to carry out viewings of the Room and/or Apartment with prospective tenants or buyers (e) for any other purpose connected with the management of the Building or performance of the Landlord’s obligations hereunder or pursuant to statute. 2.13 The Landlord will cause minimum reasonable inconvenience to the Tenant and will, wherever possible, carry out the works after the end of the Tenancy Period. 2.14 To provide the Landlord with a certificate of exemption for Council Tax or, if the Tenant does not provide such a certificate, the Tenant will reimburse the Landlord for the Council Tax which is payable during the Tenancy Period or until the Tenant provides such a certificate in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television license fees, charges for the use of a telephone in the Apartment or Room and rental or other recurring charges during the Tenancy Period, if requested. 2.15 To maintain the Room and, jointly and severally with the other Tenants of the Apartment, the Apartment in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date except for fair wear and tear (and the Inventory provided to the Tenant on moving in to the Room and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2. 2.16 To maintain the Contents in the Room, and jointly and severally with the other Tenants of the Apartment and the Building (as the case may be) the Apartment and the Common Parts 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 and the Apartment shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 2.2. 2.17 Not remove any of the Contents from the Room, the Apartment or the Common Parts. 2.18 To occupy the Room and the Apartment personally for residential purposes only as a student in full time attendance at a college or university institution. Should at any time a Tenant’s student status be revoked or change at any time the Tenant remains liable for all liabilities and rental charges until expiry of the original term period or upon re-let of the room to another student (whichever occurs sooner). 2.19 Not transfer the tenancy created by the Tenancy Agreement to anyone else (including not to assign, underlet, sublet, take in lodgers or paying guests, charge or part with possession of the whole or any part of the Room or Apartment). 2.20 Not to share occupation of the Room with any other person than those stated on the offer of tenancy 2.21 Not to allow guests to stay more than 2 nights a week 2.22 Not carry on any profession, trade or business whatsoever in the Room or the Apartment. 2.23 Not use the Room or the Apartment or permit any guest or visitor of the Tenant in the Room or Apartment to use it 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/ landlords of the Building or any adjoining premises and in particular, each Tenant will: (a) 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 Apartment, can be heard outside those Common Parts and which would reasonably be deemed to be likely to cause a nuisance or annoyance to others; (b) 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); (c) not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person (d) not keep, store or use in the Building any gas or oil heater or other fuel burning appliance, including candles, incense sticks, sheeshas, deep fat fryers or smoking paraphernalia. If found in possession of these items the Landlord will remove/confiscate from the Building if it reasonably believes the items to be causing a nuisance or annoyance or likely to be dangerous; (e) attend a safety meeting at the beginning of the Tenancy Period arranged by the Landlord or Agent and the local fire brigade as required (f) to read the fire procedure/evacuation plan of the building; (g) not bring shopping trolleys, road signs, or any other article into the Building which is not needed for normal residential occupation. If found in possession of these items the Landlord will remove/confiscate from the Building; (h) not to use or smoke, or allow others to use or smoke, cigarettes, including e-cigarettes or any other form of tobacco including sheeshas in the Apartment or the Common Parts; and (i) not allow any guest or visitor of the Tenant to be in the Room, the Apartment or the Building without being accompanied by the Tenant at all times (j) not to do or permit any criminal act/offence in or on the premises which may be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building or adjoining premises. In the event of such an incident and whereby any of the Emergency Services are in attendance the Managing Agent reserves the right to serve appropriate notice on the tenant(s) for immediate vacation. (k) not to tamper with any part of the mechanism of the window locks/restrictors within the apartment, or the Common Parts which would be detrimental to the health and safety of the Landlord, other tenant(s) or personnel of the Building. (l) not to tamper with any electrical fittings, fixtures or installations of the building. (m) To regularly check the working order of any Carbon Monoxide detectors, as shown on check in and if a fault is detected to inform a member of site management. (n) Not to tamper with, dismantle, or cover the Carbon Monoxide detectors which would be detrimental to the health and safety of the landlord, other tenant(s) or personnel of the Building. (o) to pay and compensate the Landlord fully for any costs, expense or loss or damage incurred or suffered by the Landlord as a consequence of such actions and to indemnify the Landlord from and against all actions, claims and liabilities in this respect. (p) the Tenant(s) agree that in accordance with clause 2.23.10 any breach of this nature may result in the Tenant(s) being moved to an alternative room until possession is gained should the Landlord/Managing Agent feel that the health and safety of other residents/personnel is at risk 2.24 Not damage or leave in a dirty or untidy state any parts of the Building 2.25 Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Apartment, the Contents, the Common Parts or the Building. 2.26 Not block, or put damaging substances into, the sinks, baths, lavatories, cisterns or pipes in the Room, the Apartment, or the Common Parts. 2.27 Not change any of the locks of the Room, Apartment or Common Parts 2.28 Not park any vehicle on any Common Parts, approaches or private roads belonging to the Building 2.29 Not to glue, stick, blue tack, nail, tack, screw fix or fasten anything whatsoever to the Room or the Apartment in any manner which may damage the structure or decorations or to place or fix anything on either side of the windows of the Room or the Apartment. 2.30 Ensure that any refuse is deposited in the receptacles provided for that purpose in the Building. 2.31 Not erect any external wireless or television aerial or satellite dish. 2.32 To purchase a TV Licence for the Tenant's personal use in the Room 2.33 Not keep any animal, bird, insect or reptile in the Room, or the Apartment, except for any guide dog. 2.34 Not do anything in the Room or the Apartment or the Common Parts which would invalidate the insurance of the Building or entitle the insurers to refuse to pay out policy monies, or prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force. 2.35 Not obstruct any means of access within the Building. 2.36 To pay on demand all reasonable and proper costs and expenses (including legal costs), and fees payable to a surveyor and any value added tax thereon incurred by the Landlord 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. 2.37 Not to tamper with the Landlord's fire prevention and control equipment on or around the premises and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded. 2.38 Should any damage to the fire prevention and control equipment or sounding of the fire alarm be deemed as misuse by a Tenant(s), any associated costs incurred by the Landlord due to thes

Appears in 1 contract

Sources: Assured Shorthold Tenancy Agreement