Tenancy Terms & Conditions | Torsion Students | Student Accommodation Coventry, Birmingham, Lincoln

Tenancy Terms & Conditions

Please review the tenancy terms & conditions.

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE ACCEPTING

1.1 Definitions:

Accommodation Rights: the following non-transferable rights for the Tenant only:
(a) to occupy the Room as a single occupant (unless the Landlord has permitted sharing with a Lawful Occupier);
(b) (if Cluster Flat) to use the Shared Areas of the Cluster Flat jointly with other tenants of the Cluster Flat;

(c) to use the Common Areas of the Development;

(c) to use the Room Items;

(d) (if Cluster Flat) to use the Shared Items in common with the other tenants of the Cluster Flat; and

(d) to receive the Services
Agent: any person or company responsible for letting or managing the building as appointed by the Landlord.
Cluster Flat

(if Cluster Flat)

the Cluster Flat identified in the Particulars within which the Room is located
Development: means the Development identified in the Particulars and shall include the buildings and any grounds, driveways, footpaths and landscaped areas including the Common Areas and any flat within the Development.
Development Rules: the rules (if any) imposed by the Landlord and notified to the Tenant from time to time and any revisions issued by the Landlord from time to time in the interest of good estate management and for the benefit of the Development as a whole.
Common Areas: the external grounds, car park, cycle store, driveways, footpaths and landscaped areas of the Development and the following areas within the buildings: social hub, gym, cinema room, halls, corridors, staircases, lifts and landings and any other part of the building that does not form part of a flat
Contents: the Room Items (and (if Cluster Flat) the Shared Items) as set out in the Inventory and Schedule of Condition.
Deposit: means the sum set out in the Particulars
HA 1988: Housing Act 1988.
HA 2004: Housing Act 2004.
Insured Risks: means fire, explosion, lightning, earthquake, storm, flood, bursting and overflowing of water tanks, apparatus or pipes, impact by aircraft and articles dropped from them, impact by vehicles, riot, civil commotion and any other risks against which the Landlord decides to insure from time to time and Insured Risk means any one of the Insured Risks.
Interested Persons: means process servers, enforcement officers, bailiffs, local authorities, utility providers, debt collectors and judgment creditors and their legal advisers or agents.
Inventory and Schedule of Condition: the Inventory and Schedule of Condition attached at Schedule 2 which lists the Contents within the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) that are provided by the Landlord and records the condition of the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat).
Lawful Occupier: the Tenant and any person identified as such in the Particulars
LTA 1985: Landlord and Tenant Act 1985.
Particulars: the Particulars set out in the Tenancy Letter.
Rent: the sum set out in the Particulars (which includes an element of service charge for the management of the building and the provision of Utilities and Services).
Rent Payment Dates: the rent shall be paid in the instalments set out in the Particulars.:
Room: The room identified in the Particulars, including its furnishings, fixtures and fittings, carpets, doors and internal glass but excluding the Service Media within the Room.
Room Items: the items to be provided by the Landlord in the Room and listed in theInventory and Schedule of Condition.
Scheme Administrator: administrator of either a custodial or insurance TDS.
Service Media: central heating and hot water systems, electrical services for power and lighting, drainage and water services and any data or phone services provided.
Services: heating and lighting, firefighting equipment, hot and cold running water for normal domestic use, electricity for domestic consumption, broadband internet and (if applicable) any Additional Services specified in the Particulars.
Shared Areas:

(Cluster Flat only)

(if Cluster Flat) the kitchen/dining/lounge areas together with the corridor within the Cluster Flat including its furnishings, fixtures and fittings, carpets, doors and internal glass but excluding the Service Media within the Shared Areas.
TDS: tenancy deposit scheme, as defined in section 212(2) of the HA 2004.
Tenancy: the tenancy created under this agreement and any statutory periodic tenancy arising under section 5(2) of the Housing Act 1988 or any contractual periodic tenancy that arises after the Tenancy Period has expired.
Tenancy Period: the Tenancy Period specified in the Particulars.
Utilities: electricity, water supply, foul water disposal and broadband internet access such as are necessary for the provision of the Services.
Working Day: any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.

1.2 Clause headings shall not affect the interpretation of this agreement.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.

1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.7 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.8 A reference to an agreement is a reference to this agreement.

1.9 A reference to writing or written includes fax and email.

1.10 Any reference to Landlord shall be deemed to mean the Landlord or the Agent.

1.11 Any reference to the giving of consent by the Landlord requires the consent to be given in writing, signed by the Landlord.

1.12 Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.

1.13 References to clauses are to the clauses of this agreement.

1.14 A reference to the Landlord includes a reference to the person entitled to the immediate reversion to this Tenancy. A reference to the Tenant includes a reference to its successors in title and assigns.

1.15 Unless otherwise expressly provided, the obligations and liabilities of the parties under this agreement are joint and several. This means that where, for example, the Tenant is more than one person, they shall be liable for all sums due under the agreement, not just liable for a proportionate part.

1.16 The obligations of the Tenant [and the Guarantor] arising by virtue of this agreement are owed to the Landlord. The obligations of the Landlord are owed to the Tenant.

2.1          The Landlord grants the Accommodation Rights to the Tenant for the Tenancy Period.

2.2          This agreement creates an assured shorthold tenancy under Part I of Chapter II of the HA 1988.

3.1          The Tenant shall keep the Room Items (and (if Cluster Flat) the Shared Items of the Cluster Flat) in good and clean condition and shall return them to the Landlord at the end of the Tenancy in the same state (except for fair wear and tear) as detailed on the Inventory and Schedule of Condition and cleaned to a professional standard.

3.2          The Tenant shall not remove any of the Room Items from the Room (or (if Cluster Flat) the Shared Items from the Shared Areas of the Cluster Flat) or allow them to be used outside the Room (or (if Cluster Flat) the Cluster Flat).

The Tenant is responsible for looking after the keys and any security device for the Room, (if Cluster Flat) the Cluster Flat, and/or Building during the Tenancy. If the Tenant fails to do so, the Tenant is responsible for the reasonable costs properly incurred as a result.

5.1          The Tenant shall pay the Rent in advance on or before the Rent Payment Dates.

5.2          The Tenant shall pay interest at the rate of 3% per annum above the Bank of England's base rate on any rent lawfully due that is paid more than 14 days after the date on which it became due. The interest shall be payable from the date the rent should have been paid until the date the rent is actually paid.

5.3          The Tenant shall be in breach of this agreement if the Tenant fails to pay the Rent in accordance with this clause and the Landlord shall be entitled to use the statutory provisions contained in the HA 1988 or any other statutory remedies available to recover possession of the Room.

5.4          If any part of the Room is (or (if Cluster Flat) the Shared Areas of the Cluster Flat) are damaged or destroyed by an Insured Risk so as to be unfit for occupation and use then, unless the damage or destruction was caused by the wilful actions, negligence or default of the Tenant, payment of the Rent shall be suspended until they are fit for occupation and use.

6.1          The Landlord acknowledges receipt of the Deposit from the Tenant.

6.2          At the end of the Tenancy, the Landlord shall be entitled to withhold from the Deposit such proportion of the Deposit as may be reasonably necessary to:

(a)        pay any Rent which remains unpaid; and

(b)        make good any damage or lack of cleanliness to:

(i)         the Room or the Room Items; or

(ii)        (if Cluster Flat) the Shared Areas or Shared Items of the Cluster Flat;

(except for fair wear and tear) caused by the Tenant's breach of its obligations under clause 3.1 or clause 9.1.

6.3          Where the Landlord is unable whilst acting reasonably to find out who caused any damage or if any damage is jointly caused the Landlord shall, acting reasonably, be entitled to assess the proportion for which the Tenant is responsible.

6.4          The Landlord and Tenant consent to the use of the Inventory and Schedule of Condition as evidence in any dispute arising in connection with the Deposit if the dispute is referred to an adjudicator according to the TDS in which the Deposit is held.

7.1          Within 30 days of receiving the Deposit the Landlord shall inform the Tenant of the TDS being used and give details of the TDS as required under the membership rules of the TDS.

7.2          The Landlord shall provide within 30 days of the Deposit being received the information required under section 213(5) of the HA 2004 as set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797).

7.3          The Landlord agrees that the Deposit shall be held in accordance with the rules of the TDS.

7.4          The Landlord shall inform the Tenant within ten Working Days of the Tenancy ending if the Landlord intends to withhold all or part of the Deposit as detailed in clause 6.

7.5          The Landlord shall inform the Scheme Administrator within ten Working Days of the Tenancy ending that the Deposit is to be repaid in the sums agreed between the Landlord and Tenant.

8.1          The Tenant shall:

(a)        only use the Room as a study bedroom;

(b)        (if Cluster Flat) only use the Shared Areas of the Cluster Flat for their intended purpose;

(c)        immediately notify the Landlord if the immigration status of the Tenant (or any other Lawful Occupier) changes from that recorded in the Schedule 1;

(d)        not permit anyone other than the Tenant (or any other Lawful Occupier) to occupy the Room without the prior written consent of the Landlord (such consent not to be unreasonably withheld); and

(e)        at all times comply with the Building Rules (if any).

8.2          The Tenant shall not use the Room or any part of the Building for the purposes of conducting a business.

8.3          The Tenant shall not share the Room or allow any other person to occupy the Room or to transfer this Agreement. This includes giving the key and/or any security device to another person. The Tenant shall keep the key and/or any security device in their possession at all times and shall not lend them to another person for any amount of time.

8.4          The Tenant shall not leave the Room (and (if Cluster Flat) the Cluster Flat) unlocked during any period of absence. External doors to the Building and windows giving access to the Common Areas must remain locked when not in use.

8.5          The Tenant shall not do anything to or in the Building that:

(a)        causes a nuisance, annoyance or damage to occupiers of neighbouring, adjoining or adjacent rooms or flats, or the owners or occupiers of them;

(b)        involves using the Building or any part of it for immoral or illegal purposes; or

(c)        has the effect of invalidating the insurance that the Landlord has taken out in accordance with clause 11.6. The Landlord shall provide the Tenant with a summary of the relevant insurance requirements.

8.6          The Tenant shall send the Landlord a copy of any notice or other communication affecting the Room or the Building within seven days of receipt and shall not take any action regarding such notices or communications without the prior consent of the Landlord.

8.7          The Tenant shall inform the Landlord immediately in the event that they cease to be a registered student in higher education and shall pay (or indemnify the Landlord for) any Council Tax charge that may be imposed as a result.

8.8          The Tenant shall be responsible for obtaining a licence for any television in the Room (and (if Cluster Flat) jointly with other tenants of the Cluster Flat in the Shared Areas of the Cluster Flat) unless provided by the Landlord as a specific local promotion.

8.9          The Tenant shall not be permitted to bring into the Building:

(a)        Any unlawful drugs or other substances (including substances known as ‘legal highs’);

(b)        Firearms, airguns, combat knives, or other weapons of any sort. Kitchen knives must be kept in the kitchen, knives of any sort are not permitted to be stored within the Room;

(c)        Laser pointers/pens;

(d)        Stolen property;

(e)        Animals or pets (except assistance dogs with prior permission);

(f)         Anything with a naked flame (i.e. candles), portable barbecues or anything that is a potential ignition risk (ie. Faulty electrical equipment, chip pans);

(g)        Paint-ball guns, replica, ceremonial and toy weapons;

(h)        Gas canisters; or

(i)         Fireworks.

The Tenant shall not assign, sublet, part with or share possession of the whole or any part of the Room without the prior written consent of the Landlord (such consent not to be unreasonably withheld).

10.1        The Tenant shall keep the interior of the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) clean, tidy and in the same condition as at the start of the Tenancy (except for fair wear and tear) and shall return the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) to the Landlord at the end of the Tenancy cleaned to a professional standard.

10.2        The Tenant shall keep the inside of all windows that the Tenant can reasonably reach clean.

10.3        The Tenant shall not cause any blockage to the drains, gutters and pipes of the Room (or (if Cluster Flat) the Shared Areas of the Cluster Flat). This obligation does not require the Tenant to carry out any works or repairs for which the Landlord is liable under clause 11.9.

10.4        The Tenant shall not make any alteration, addition, carry out any works of maintenance or redecorate the Room (or (if Cluster Flat)the Shared Areas of the Cluster Flat) without the prior consent of the Landlord (such consent not to be unreasonably withheld).

10.5        The Tenant shall not fix any posters, pictures or other decoration to the Room (or (if Cluster Flat) the Shared Areas of the Cluster Flat) that cause damage to or permanently mark the decoration. This shall include the use of blu-tack or similar adhesives as well as any hooks, nails, pins or screws or anything of a similar nature.

11.1        The Tenant shall not misuse or tamper with any fire prevention and control equipment (or other health and safety equipment) provided by the Landlord.

11.2        The Tenant shall read and comply with any fire regulations put in place by the Landlord and shall vacate the Building immediately in an orderly fashion whenever the fire alarm is sounded.

11.3        The Tenant shall not obstruct any fire escape routes nor prop open or otherwise tamper with any fire doors within the Building.

11.4        The Tenant shall only use ordinary household electrical appliances in the Room (or (if Cluster Flat) the Shared Areas of the Cluster Flat) which use less than 240 volts, have a 5 amp or 1kw tolerance and are PAT tested and shall not use any electrical adaptors or multi-plug. The Landlord reserves the right to remove and test any of the Tenant’s electrical items if it is suspected they may be faulty or unsafe, if found to be so they must be removed from the Building.

11.5        The Tenant shall not keep or use any cooking equipment (including refrigerators, kettles, toasters, hot plates, fryers and the like) (or (if Cluster Flat) the Shared Areas of the Cluster Flat).

11.6        The Tenant shall only cook in the kitchens Common Areas and not to leave cooking unattended.

11.7        The Tenants shall not to put harmful, toxic or bulky substances into the drains;

11.8        The Tenant shall report any breakage, defect or damage promptly to the Landlord.

11.9        The Tenant shall not bring any soft furnishings (including inflatable furniture) other than bedding except with the consent of Landlord and only where such furnishings comply with fire safety laws and regulations.

11.10     The Tenant shall not bring cycles of any description into the Room (or (if Cluster Flat) the Shared Areas of the Cluster Flat) or leave cycles of any description so as to block any of the Common Areas (except any designated cycle store as determined by the Landlord from time to time);

11.11     The Tenant shall not smoke (including e-cigarettes) in or around the Building.

12.1        The Landlord shall provide the Tenant with suitable means of access to and egress from the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) and access over the Common Areas.

12.2        The Landlord shall keep the structure and exterior of the Building and the Common Areas in good repair and keep the Service Media in or serving the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) in good repair and proper working order, including:

(a)        Basins, sinks, showers, toilets and waste pipes;

(b)        Electric wiring including sockets and switches and water pipes;

(c)        Water heaters, fitted wall heaters and central heating systems;

12.3        The Landlord shall keep the Common Areas within the Building clean and properly lit and (in the case of a lift) functioning safely;

12.4        The Landlord shall ensure that any furniture and electrical equipment provided complies with the relevant statutory regulations;

12.5        The Landlord shall pay all charges for Utilities;

12.6        The Landlord shall insure the Building and Contents to their full value against loss or damage by the Insured Risks and shall provide a copy of the insurance cover to the Tenant if requested. The Landlord's insurance does not cover the Tenant's possessions.

12.7        The Landlord shall make good any damage caused by an Insured Risk, unless the damage was caused by the wilful actions, negligence or default of the Tenant.

12.8        The Landlord shall allow the Tenant quiet enjoyment of the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) without any interruption by the Landlord.

12.9        In accordance with section 11 of the LTA 1985, the Landlord shall:

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

(b)        keep in repair and proper working order the installations in the Building for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and

(c)        keep in repair and proper working order the installations in the Building for space heating and heating water.

12.10     The Landlord shall not be required to:

(a)        carry out any works or repairs for which the Tenant is liable by virtue of this agreement; or

(b)        keep in repair or maintain anything which the Tenant is entitled to remove from the Room (or (if Cluster Flat) the Shared Areas of the Cluster Flat).

12.11     The Landlord shall keep in repair the cooker, washing machine, tumble dryer, fridge, freezer and dishwasher (if these appliances are in the Room (or (if Cluster Flat) the Shared Areas of the Cluster Flat) and provided by the Landlord).

13.1        The Landlord reserves the right to re-enter the Room 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.

13.2        If the Landlord re-enters the Room 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.

13.3        If the Tenant breaches this agreement or fails to fulfil any of its obligations under this agreement, the Tenant shall pay any reasonable costs properly incurred by the Landlord in remedying such breaches or in connection with the enforcement of those obligations.

(The provisions of clause 13 shall apply if there is a Guarantor identified in the Particulars)

14.1        The Guarantor has requested that the Landlord grants the Accommodation Rights to the Tenant.

14.2        The Guarantor guarantees to the Landlord that the Tenant shall pay the Rent and observe and perform the tenant covenants of this agreement and that if the Tenant fails to pay the Rent or to observe or perform any of the tenant covenants, the Guarantor shall pay or observe and perform them.

14.3        The Guarantor covenants with the Landlord as principal obligor and as a separate and independent obligation and liability from its obligations and liabilities under clause 13.2 to indemnify and keep indemnified the Landlord against any failure by the Tenant to pay the Rent or any failure to observe or perform any of the tenant covenants of this agreement.

14.4        The liability of the Guarantor under clause 13.2 and clause 13.3 shall continue until the Tenancy comes to an end and the Tenant is released from the tenant covenants of this agreement.

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

(a)        any time or indulgence granted by the Landlord to the Tenant;

(b)        any delay or forbearance by the Landlord in enforcing the payment of the Rent or the observance or performance of any of the tenant covenants of this agreement or in making any demand in respect of them;

(c)        the Landlord exercising any right or remedy against the Tenant for any failure to pay the Rent or to observe or perform the tenant covenants of this agreement; or

(d)        the Landlord taking any action or refraining from taking any action in connection with the Deposit; or

(e)        the Tenant dying or becoming incapable of managing its affairs.

15.1        The Landlord reserves the right for the Landlord, or any person acting on behalf of the Landlord, to enter the Flat on giving at least 24 hours' prior notice in writing to the Tenant:

(a)        to inspect the condition and state of repair of the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat);

(b)         to carry out the Landlord's obligations under this agreement;

(c)        to carry out repairs or alterations to any adjoining or adjacent flat;

(d)        to take gas, electricity or water meter readings;

(e)        for any purpose mentioned in this Tenancy or connected with the Landlord’s interest in the Flat or any other property; and

(f)         to show prospective tenants or purchasers around the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat).

15.2        The Landlord has the right to retain a set of keys to the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) which shall only be used with the prior consent of the Tenant (except in an emergency).

16.1        At the end of this Tenancy (howsoever determined), the Tenant shall return:

(a)        the Room and the Room Items; and

(b)        (if Cluster Flat) the Shared Areas and the Shared Items of the Cluster Flat;

in the condition required by this agreement.

16.2        If the Landlord allows the Tenant to remain in the Room after the Term has expired then the Tenancy shall continue as a contractual periodic tenancy monthly basis. To end the periodic tenancy, the Tenant shall give the Landlord at least one month's notice in writing. The notice must end on the day before the rent is due.

16.3        The Landlord has the right to recover possession of the Room if:

(a)        the Tenancy Period has expired;

(b)        the Landlord has given two months' notice to the Tenant of the Landlord's intention to recover possession of the Room; and

(c)        at least six months have passed since the date of this agreement.

16.4        The Tenant shall provide the Landlord (or its legal advisers or agents) with a forwarding address once the Tenancy has come to an end which the Landlord or its legal advisers or agents can provide to the Interested Persons PROVIDED ALWAYS THAT the Landlord (and its legal advisers and agents) agree not to provide details of the Tenant’s forwarding address unless they are satisfied, acting reasonably and properly, that the person requiring the address is a duly authorised official or employee of the organisation in question and has supplied written evidence of their authority.

16.5        The Tenant shall remove all personal possessions from the Room (and (if Cluster Flat) the Shared Areas of the Cluster Flat) once the Tenancy has ended. If any of the Tenant's personal possessions are left at the in the Room (or (if Cluster Flat) the Shared Areas of the Cluster Flat) after the Tenancy has ended, the Landlord shall remove and store the possessions for a maximum of one month. The Landlord shall take reasonable steps to notify the Tenant at the last known address. If the items are not collected within one month, the Landlord may dispose of the items.

17.1        Any notice to the Landlord sent under or in connection with this agreement shall be deemed to have been properly served if:

(a)        sent by first class post to the Landlord's address given in the Particulars;

(b)        left at the Landlord's address given in the Particulars; or

(c)        sent to the Landlord's email address stated in the Particulars.

17.2        Any notice sent to the Tenant under or in connection with this agreement shall be deemed to have been properly served if:

(a)        sent by first class post to the registered postal address of the Room;

(b)        left at the Room; or

(c)        sent to the Tenant's email address stated in the Particulars.

17.3        (if Cluster Flat) Any notice sent to the Guarantor under or in connection with this agreement shall be deemed to have been properly served if:

(a)        sent by first class post to the Guarantor's address stated in the Particulars;

(b)        left at the Guarantor's address stated in the Parties clause; or

(c)        sent to the Guarantor's email address stated in the Particulars.

17.4        If a notice is given in accordance with clause 16.1 or, clause 16.2 or clause 16.3, it shall be deemed to have been received:

(a)        if delivered by hand, at the time the notice is left at the proper address;

(b)        if sent by first-class post, on the second Working Day after posting; or

(c)        if sent by email, at 9.00 am on the next Working Day after sending.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

This agreement has been entered into on the date stated at the beginning of it.

Schedule
Inventory and Schedule of Condition