Brighton Lions Housing Society LTD
TENANCY AGREEMENT
In respect of
Tenant
ASSURED TENANCY PARTICULARS
Name and Addressof the Society(the “Society”) / The Brighton Lions Housing Society Limited whose Registered Office is at Lions Gate, 95 Rowan Avenue, Hove, East Sussex BN3 7JZ which is registered with the regulator of social housing providers (currently known as the Home and Communities Agency, Regulatory Committee) under Sections111 and 112 of the Housing and Regeneration Act2008. It is also a charitable industrial and provident society registered in England withnumber 15926R.Name and current Addressof Tenant (the “Tenant”)
Address of the Property let (the “Property”)
At the start of this tenancy agreement the Rent is:
Net Rent £
Service Charge £
Water Charge £
Total weekly Rent £
The Rent is subject to increase as set out in this Agreement.
The Rent is payable 4 weekly by standing order in advance on the Monday in each 4th week.
Services (the “Services”) / Heating and Lighting of common ways
Premises Manager expenses and share salary including holiday relief
Cleaning materials
Electricity for lighting, power for vacuum cleaners etc
Replacement lamps
Window cleaning in common parts
Emergency lighting maintenance
Communal radio, TV aerial maintenance
Fire/smoke detection alarms maintenance
Fire fighting equipment maintenance
Door entry telephone maintenance
Pesticides and pest control contracts
Maintenance of common parts, grounds and car parks
Gardener’s wages/contractor’s charge
Repair/maintenance of gardening tools and equipment
Plants, shrubs and tree lopping
Plant and equipment testing required by statute
Uniforms/overalls allowance for Premises and Maintenance Staff
Power for passenger lift
Repair/maintenance of passenger lift
Insurance of passenger lift
CCTV Maintenance
Depreciation of fittings
Provision of guest room
Laundry room provision and maintenance
Sewerage pump maintenance and repair
Water charges as levied upon the development
The Tenant will pay for the Services through the Service Charge.
ASSURED TENANCY TERMS AND CONDITIONS
1.THE LETTING
1.1The Society lets and the Tenant takes the Property for a tenancy of one week from the Commencement Date and then upon a weekly assured tenancy until determined at the Rent and in accordance with the terms and conditions of Tenancy set out below. The Tenancy will be an assured (non-shorthold) tenancy as defined in the Housing Act 1988 (as amended by the Housing Act 1996).
1.2The Agreement may be terminated in one of the ways set out in these terms and conditions.
2.INTERPRETATION AND GENERAL PROVISIONS
2.1The expression "Society" means The Brighton Lions Housing Society Limited whose registered office is at Lions Gate, 95 Rowan Avenue, Hove, East Sussex BN3 7JZ and includes the successors in title to the Society.
2.2The singular number includes the plural and vice versa.
2.3The neuter includes the masculine and the feminine.
2.4Where there are two or more persons included in the expression the “Tenant" agreements by them shall be deemed to have been made by such persons jointly and severally.
2.5The expression the “Property" shall include (where the context so permits) all items specified in any Inventory annexed hereto and/or signed by the parties and any/or any other fixtures fittings furniture appliances and effects belonging to the Society (the “Furniture") and in or upon the Property at the date hereof or introduced to the Property hereafter.
2.6The expression the “Building" shall mean any building of which the Property forms part including its gardens and grounds.
2.7The letting includes all rights of access and easements reasonably required for the enjoyment of the Property.
2.8Nothing in this Agreement shall give any third party any benefit or the right to enforce any term of this Agreement and the parties to the Agreement may agree to cancel or vary this Agreement in whole or in part without being required to seek or obtain the consent of any third party.
2.9Any reference in this Agreement to an Act of Parliament refers to that Act as it applies at the date of this Agreement and also includes any later amendments and re-enactments.
2.10Subject to clause 2.9, apart from changes in Rent and Services, the terms of this Agreement may only be changed by the written agreement of the Society and the Tenant.
3.TENANT'S OBLIGATIONS
The Tenant AGREES with the Society as follows:-
Rent
3.1To pay the Rent without deduction at the times and in the manner specified in the Particulars.
3.2If there shall be any arrears of Rent or other monies due these will bear interest at the greater of 10% or 4% over Barclays Bank Plc base lending rate from the date due until payment in full is made.
Repayment of Former Tenancy Arrears
3.3This term applies where, immediately prior to the date of this Agreement, the Tenant was a tenant of other premises owned by the Society (the ‘previous tenancy’).
3.4Where the Tenant owes rent or any other outstanding sum to the Society at the end of the previous tenancy, then the Tenant agrees to repay that sum in accordance with the agreement set out in Schedule (agreement left blank if not applicable), or any subsequent agreement entered into by the Society and the Tenant. Where the Tenant fails to keep to any repayment agreement, the Tenant is in breach of this term of the Tenancy.
Service Suppliers
3.5Immediately upon the signing of this Agreement to arrange with the appropriate supply companies for the accounts in respect of the supply of electricity, gas and telephone (where applicable) to be transferred into the Tenant's name.
3.6Not to change the supplier of any services, nor to change to ‘pay as you go’ metres without the prior written consent of the Society or the Society's Agent and upon the Tenant having made written request for such consent /permission which will not be unreasonably withheld or delayed.
3.7To pay for all such electricity, gas and telephone services which shall be consumed in or supplied to the Property during the Tenancy and the amount of all standing charges and re-connection charges in respect thereof.
3.8To maintain at all times (if applicable) a valid television licence.
3.9To pay the Council Tax in respect of the Property during the Tenancy and to indemnify the Society fully in respect of any liability which may be incurred by the Society as a result of the Tenant not occupying or ceasing to occupy the Property as a sole or main residence.
3.10To pay all water charges and/or sewerage charges in respect of the Property during the Tenancy.
3.11At the end of the Tenancy to:
3.11.1Have the electricity, gas and telephone and water meters read and to discharge forthwith all outstanding accounts in respect of such services;
3.11.2Provide a forwarding address to the Society or the Society’s Agent: the Society or the Society’s Agent are authorised to release these details to any utility suppliers to aid the finalisation of any relevant liabilities.
3.12In the event that any of such services are discontinued due to the failure of the Tenant to discharge any account then to pay all re-connection and other charges penalties or deposits required.
Repairs etc
3.13At all times to keep the interior of the Property (including all the doors, locks, windows, window locks, window frames and the glass therein) in good and tenantable repair, decoration and condition (fair wear and tear excepted) and in particular to clear and repair or replace (where necessary) any of the sinks, sanitary fittings, cisterns, drain, waste or soil pipes or other installations as may be damaged blocked or broken by any act, neglect or omission on the part of the Tenant or visitors and to replace when necessary any light bulbs, washers and fuses
3.14To clean all glass and all internal and external window surfaces of the Property(where possible) at least once a month during the Tenancy
3.15To service, repair and maintain at the Tenant’s expense any equipment forming part of the Furniture (such as “white goods” if any included) from time to time
3.16To notify immediately the Society or the Society's Agents of any damage or want of repair to the Property that is the responsibility of the Society.
3.17If any carpets are included in the letting:
3.17.1Not to damage these;
3.17.2To clean them periodically as necessary; and
3.17.3To keep these carpets laid and if the Tenant wishes to put additional carpeting down then this must be placed on top of the Society’s carpets.
Access and Inspections
3.18To permit the Societyand the Society's officers, employees and agents – and they are hereby so entitled - at all reasonable times:
3.18.1(Except in case of emergency) upon 24 hours’ notice to enter the Property and to view the state and condition of the Property and any Furniture;
3.18.2(Except in case of emergency) to enter the Property and to afford them all facilities for the purpose of repairing and decorating the Property (including if the Property is part only of a building any other part of that building) and for carrying out and completing all other necessary and proper repairs to the Property and
3.18.3And any other persons on reasonable notice to inspect the Property at all reasonable times for the purpose of any sale of or mortgage of the Property or the Building of which it forms part.
3.19Where the Property is part of a building to allow access at all times through the Property to any roof space there-over or to any other part of the Building to the Society and the Society's officers, employees and agents with or without workmen
No Alterations
3.20Not to:
3.20.1Make any alteration or addition whatsoever to the Property;
3.20.2Place or erect any satellite dish or other aerial on the Property or Building;
3.20.3Place or erect any CCTV and other recording equipment on or in the Property or the Building;
3.20.4Damage nor injure the Property or any other part of the Building; or
3.20.5Make any alteration in or addition to the electrical or plumbing systems in the Property and Building.
3.21Not to redecorate or change the colour scheme of any part of the Property without the prior written consent of the Society or the Society's Agent and upon the Tenant having made written request for such consent /permission which will not be unreasonably withheld or delayed.
3.22Not to change any locks to the Property nor to change any codes to any burglar alarm.
3.23To test,maintain, service and keep operational any fire alarms or smoke detectors in the Property and to replace batteries as and when necessary.
Assignment etc
3.24Not to assign, underlet, charge, part with or share possession or occupation of the Property or any part thereof except for:
3.24.1An exchange in accordance with clause 3.25 below; or
3.24.2In pursuance of a court order.
3.25The Tenant may exchange this Tenancy with that of another assured or secure tenant of a registered housing provider subject to the prior written consent of the Society which shall not be unreasonably withheld provided that the Tenant shall have complied with their obligations under this agreement on a timely basis and that appropriate evidence is furnished to the Society that the new tenant to be introduced shall have likewise complied with their obligations under their current tenancy.
Use of Property etc
3.26To use the Property for the purpose of a private residence only of the Tenant and not to carry on in the Property any profession trade or business or receive paying guests in the Property.
3.27Residence in theProperty is only permitted for the tenant named in this tenancy agreement – if the Tenant wishes a guest to stay for longer than 7 days in any three month period, the Society will require the Tenant to seek permission in writing (which may be withheld for any reason) prior to the commencement of their stay.
3.28Not to exhibit on any part of the Property or the Building (including the exterior of the Property or Building), any advertisement notice board or notice of any nature whatsoever.
3.29Not to do or permit to be done in or about the Property any act or thing which may be or become a nuisance or annoyance to the occupiers of any other part of the Building or any neighbouring adjoining or adjacent property.
3.30Not to throw or place food of any type outside of the property for the purpose of feeding wild life.
3.31Not to play any music of any description whether by any musical instrument or compact disc, record player, radio or other instrument or apparatus, or to cause or permit any singing to take place in the Property so as to cause annoyance to the Society or the occupiers or owners of any adjoining or adjacent property or so as to be audible outside the Property between the hours of 11.00 pm to 7.30 am.
3.32Not to hang or permit to be hung or exposed any clothes or other articles upon the exterior of the Property or in any garden except where expressly permitted in writing by the Society.
3.33Not to obstruct common passageways, staircases or hallways of the Building, nor place nor keep anything thereon or therein.
3.34Not to park any cycle, vehicle or trailer upon any part of any accessway or roadways or grounds of the Building except in any space designated from time to time by the Society– such permission can be withdrawn at any time without notice.
3.35Not to keep any animals, birds, reptiles or pets of any description upon the Property without the prior written consent of the Society or the Society's Agent and upon the Tenant having made written request for such consent /permission which will not be unreasonably withheld or delayed, but which may be revoked or withdrawn at any time without reason.
3.36Not to take into or keep or use upon the Property any heater or like equipment which requires gas, paraffin or other liquid fuel for consumption, nor to keep any combustible offensive or dangerous fluids, fuels or materials upon the Property (except for any normal domestic items) and to fully comply with all fire precautions or fire regulations made by the Society or the appropriate Fire Authority.
3.37In the event that the Building shall include any external area or garden:
3.37.1not to keep bring into or permit to be brought to same any caravans or portable buildings nor to park nor permit to be parked thereon,nor to keep or store thereon any cars or vans, lorries or similar commercial vehicles; and
3.37.2not to carry out any gardening or adjustments to the grounds.
3.38Not to:
3.38.1Commit or allow the commission upon the Property of any act which could lead to the prosecution of the Society under the Misuse of Drugs Act 1971 (or any statutory enactment which replaces or modifies same)and
3.38.2Bring, keep nor permit the keeping of any unlawful drugs or prohibited substances upon the Property.
3.39Not to use the Property or permit the Property to be used for illegal or immoral purposes.
3.40It is specifically agreed that the Tenant will not smoke or permit any other person to smoke in the Property or in the common parts or in the vicinity thereof any cigarette, cigar, pipe or other smoking apparatus at any time. It is agreed that any breach of this provision – in addition to rendering the Tenant liable to prosecution and/or possession proceedings – will make the Tenant liable for all cleaning and redecoration charges reasonably incurred by the Society as a result.
3.41To notify the Society in writing if it is intended that the Property shall be left vacant for any continuous period of fourteen days or more
3.42The Society recommends that the Tenant should insure in their full value any of the Tenant’s belongings kept in the Property (including a washing machine if installed by the tenant within the property which will be the responsibility of the Tenant should any damage be caused to the Society’s property or any adjoining premises and/or the property of any other tenant (or their invitees) of the Society).
3.43If there is a loft access, not to put or store any articles within this space.
Legal Costs in Arrears of Rent etc Cases
3.44To pay to the Society on demand all reasonable legal and other costs and disbursements and VAT where appropriate incurred by the Society in enforcing or attempting to enforce (whether by legal process including distress or by correspondence or otherwise) the provisions of this Agreement (including without prejudice to the generality of the foregoing) recovering Rent or other monies payable hereunder or recovering possession of the Property for any reason whatsoever or any other action arising out of any breach, non-performance or non-observance by the Tenant of the provisions of this Agreement.
End of Tenancy
3.45At the end of the Tenancy:-
3.45.1To give up the Property with vacant possession to the Society and in accordance with the terms and conditions of this Agreement;
3.45.2To clear all goods or personal effects of the Tenant from the Property upon the expiration of the Tenancy. The Tenant will be responsible for meeting all reasonable removal and/or storage charges when items are left in the Property. The Society will remove and store them for a maximum of one month. The Society will notify the tenant at the last known address. If the items are not collected within one month, the Society may dispose of the items as it sees fit and the Tenant will be liable for the reasonable costs of disposal. The costs may be deducted from any sale proceeds– if any - and if there are any costs remaining they will remain the Tenant's liability;