Terms & Conditions
FIXED TERM LEASE OF RESIDENCE WITH ANCILLARY BUSINESS USAGE
IMPORTANT: THIS TENANCY AGREEMENT IS A BINDING DOCUMENT. BEFORE SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU DO WANT AND NOTHING UNACCEPTABLE TO YOU. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR ANYTHING IN IT, IT IS STRONGLY SUGGESTED YOU ASK FOR IT TO BE EXPLAINED TO YOU BEFORE YOU SIGN IT. YOU MIGHT CONSIDER CONSULTING A LAWYER.
You have warranted that you and your Permitted Guests (if any) are coming to England for business purposes and will be occupying the Property to facilitate your business interests and not for a holiday or leisure or any other purpose.
Under the Immigration Act 2014 before being allowed into occupation you and your Permitted Guests (if any) must satisfy the Lessor with documents demonstrating that you and they have a legal right to reside in the United Kingdom for at least the duration of the letting. If such documents cannot be provided for any person then that person will not be allowed to occupy the Property unless and until such documents have been provided.
You will not be entitled to any refund after you have paid the Premium and you will not be entitled to cancel this Lease. However, the Landlord will have the absolute and unfettered right to cancel and terminate this Agreement up to 72 hours before the Commencement Date without any compensation becoming payable to the Tenant Provided that if the Tenant shall have already paid the Landlord the Deposit and/or the Drafting Fee and/or the Premium then forthwith upon such cancellation and termination the Landlord shall be obliged to refund the same to the Tenant in full.
This Lease will not give you any security of tenure under the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy.
You agree that this Lease is not an assured tenancy and that no periodic tenancy will start on the Termination Date.
THE PARTIES AGREE
Definitions and Interpretation
3.1 In this Lease the following words have the meanings shown:
Commencement date: Means date of booking.
Contents: Means the furniture office equipment and other items set out in the attached Inventory which are let with the Property under this Lease.
Deposit: Means the amount of one night.
Permitted Guests: Means the business associates and assistants of the Lessee whose names are listed under clause 6(10) below.
Property: Means the house and garden grounds known together with all Lessor’s fixtures and fittings.
Service Media: Means gutters pipes ducts drains cables sockets aerials satellite dishes tanks water sewerage gas electricity television telecom broadband Internet Wi-Fi fire prevention and security installations and other facilities of a similar nature together with all meters and other apparatus used in connection with them.
Term: Means the period from and including the Commencement Date down to and including the Termination Date and includes any subsequent period when the Lessee remains in the Property or extension or continuance of that period by law.
Check-out Fee: Means the fee charged for checking out
Drafting Fee: Means the fee for drafting this agreement
(a) Where the Lessor or the Lessee consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this Lease and not just a proportionate part).
(b) Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
(c) Any obligation on the part of the Lessee under this Lease to do or not to do something extends to not permitting or allowing any other person to do or not do that thing.
(d) Any act or omission by a Permitted Guest shall be deemed to be the act or omission of the Lessee.
(e) The Lessee shall be presumed to be responsible for any of the Property and/or the Contents that have been dirtied damaged injured or lost (fair wear and tear excepted) during the Term.
- Status of Lease
(1) The Lessee warrants that he and his Permitted Guests (if any) are coming to England for business purposes and will be occupying the Property to facilitate their business interests and not for a holiday or leisure or any other purpose.
(2) The Lessee acknowledges that this Lease is not an assured tenancy and that no statutory periodic tenancy will arise on the determination of the Term.
In consideration of the Premium paid by the Lessee to the Lessor (the receipt whereof the Lessor hereby acknowledges) and of the covenants hereinafter contained and on the part of the Lessee to be performed and observed the Lessor hereby demises unto the Lessee with full title guarantee the Property with the Contents TO HOLD the same from the Commencement Date until the Termination Date TOGETHER WITH the rights mentioned in the First Schedule and EXCEPT AND RESERVED as mentioned in the Second Schedule.
- Lessee’s Covenants
The Lessee hereby covenants with the Lessor as follow:
- to pay the Deposit and the Drafting Fee to the Landlord in advance and in full before the Due Date in cleared funds or with MT03 SWIFT confirmation to the Landlord Bank, Account Beneficiary, Account Number, IBAN and SWIFT as shown under 3, above. The Deposit is to be held by the Landlord until the end of the Term as security towards the Tenant’s liability for the Premium, the Extra Payment, the Check-out Fee and any other sums that may be due from the Tenant to the Landlord under this Agreement and/or as a result of any breach of the Tenant’s obligations under this Agreement and/or for payment by the Tenant for any odd jobs, works, alterations, services, facilities, purchases, equipment or other items carried out or provided (as the case may be) by the Landlord at the request of the Tenant. The Drafting Fee is for the preparation of this Agreement and is non-refundable.
(2) On arrival at the Property to:
(a) Produce the passports of the Lessee and all the Permitted Guests to the Lessor and allow him to make photocopies.
(b) Produce documents to the Lessor demonstrating that the Lessee and all the Permitted Guests (if any) have a legal right to reside in the United Kingdom for at least the duration of the letting and allow the Lessor to make photocopies.
(c) Provide a valid credit card in the name of the Lessee to the Lessor and allow him to take all details necessary for making a charge.
(d) Review the Contents and sign a copy of the attached Inventory.
(e) Sign a receipt for the number of keys provided to the Property.
(3) Not to damage or injure the Property, make any addition to the Property, unite the Property with any adjoining premises or make any alteration to the Property or to the services or Service Media in the Property.
(4) To maintain the Contents and keep them in good condition (except to the extent their condition deteriorates as a result of fair and ordinary use), to make sure they are not damaged and not take any of them away from the Property.
(5) To keep the Service Media inside or only serving the Property free from obstruction and the lavatories properly cleaned.
(6) To keep the internal surfaces of all windows of the Property clean.
(7) To allow the Lessor, with any necessary contractors and workmen, to enter the Property at all reasonable times upon 24 hours’ prior notice in writing, or in the event of emergency at any time without notice, causing as little inconvenience to the Lessee as reasonably practicable and making good any damage caused to the Property and the Lessee’s property, to view the state and condition of the Property and the Contents and/or to carry out any repairs that are necessary by virtue of the Lessor responsibilities under this Lease or by law to the Property or to any adjoining property that can only be carried out by having access to the Property.
(8) Not to erect any aerials, satellite dishes, poles or masts or display any sign on the Property or install any cables or wires outside it.
(9) Not to assign, sublet or part with possession of the Property or any part of it and not to enter into any agreement or arrangement by which anyone in occupation of the Property may become entitled to an assured tenancy or other security of tenure under the Housing Act 1988.
(10) Not to permit or allow guests or lodgers (whether paying or non-paying) to use or stay overnight in the Property unless the prior written consent of the Lessor has been sought and obtained PROVIDED THAT the Permitted Guests listed (if any) are permitted to used or stay overnight in the Property.
(11) To use the Property as a residence for persons only to facilitate their business in England and for ancillary business purposes including offices and meeting rooms and not for any other purpose.
(12) Not to do anything on the Property that may reasonably be considered to be a nuisance or annoyance to the Lessor or the owners or occupiers of adjacent or neighbouring property.
(13) Not to make any noise that may be audible outside the Property between the hours of 11.00 p.m. and 7.00 a.m.
(14) Not to use the Property for any auction sale, any dangerous, noisy or offensive activity or any ilegal or immoral act or purpose.
(15) Not to keep or allow any animal, bird or reptile at the Property.
(16) Not to smoke internally within the Property.
(17) Not to light any candles or fires in the Property.
(18) Not to hold any parties in the Property.
(19) Not to hold any public meetings or gatherings in the Property or permit anyone else to do so.
(20) To pay the Lessor’s cost and expenses on a full indemnity basis incurred in relation to or incidental to recovery or attempted recovery of any sums due under this Lease and/or the recovery of possession of the Property and/or damages.
(21) To hand over to the Lessor all keys by 12.00 noon on the Termination Date and give vacant possession of the Property and the Contents back to the Lessor clean, tidy and in accordance with the provisions of this Lease and with the various items of furniture and other items left in the places in which they were situated on the Commencement Date. The Contents will be checked by the Landlord against the Inventory Report and the Tenant must pay the Check-out Fee and for any of the Contents, floor coverings, fixtures and fittings that are found to be missing or damaged and for the cleaning of any of the Contents, floor coverings, fixtures and fittings that are found to be dirty.
(22) To be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left in the property at the Termination Date. The Lessor will remove and store the items for a maximum of 1 month. The Lessor will notify the Lessee that this has been done at the Lessee’s last known address. If the items are not collected within 1 month. The Lessor may dispose of the items and the Lessee will be liable for the reasonable costs of disposal. The reasonable charges and costs incurred by the Lessor may be deducted from any sale proceeds or the Deposit and if there are any charges and costs remaining they will remain the Lessee’s liability.
(23) If the Lessee should fail to hand back to the Lessor ALL the keys that were giving to the Lessee by the Lessor then the Lessee will be required to pay for the supply and fitting of new locks at the Property together with replacement keys. (Warning: This clause applies even if just one key is missing.)
(24) To notify the Lessor as soon as possible if any appliances or office equipment in the Property should malfunction and/or in any emergency by telephone, text, or email.
(25) To keep the Property secure and the security alarms set at all appropriate times.
(26) Not to change the locks or security codes.
(27) To report to the Lessor immediately the Lessee becomes aware of the fact if keys or security codes or devices are lost or compromised during the Term.
(28) To be responsible for any charges levied if the security alarm at the Property is set off by the Lessee and all charges for maintenance or repair necessary as the result of misuse by him.
(29) Not to do anything, or fail to comply with any requirement, as a result of which the policy of insurance taken out by the Lessor may become invalidated or by reason of which the rate of premium on the policy may be increased.
(30) To pay interest at the Interest Rate to the Lessor on any payment lawfully due under this Lease that is not received by the Lessor by 7 days after the payment was due. This interest is payable from the date on which payment was due to the date of actual payment, both before and after any court judgement.
- Lessor’s Covenants
The Lessor herby covenants with the Lessees follows subject to the Lessee complying with all his covenants and obligations in this Lease.
(1) To pay all charges for gas electricity water sewerage television Wi-Fi fax broadband and Internet services at the Property from the Commencement Date until the Termination Date and any ground rent service charges Council Tax rates or taxes levied in respect of the Property. No telephone land line will be provided at the Property.
(2) To keep in repair the structure and exterior of the Property including drains gutters and external pipes.
(3) To keep in repair and proper working order the installations in the Property for the supply and use of water, gas and electricity and for sanitation including basins, sink, baths and sanitary conveniences.
(4) To keep in repair and proper working order the installations in the Property for space heating and heating water.
(5) To use his best endeavours to remedy the malfunction of any appliances or office equipment in the Property within 3 working-hours of being notified of the same by the Lessee, where working-hours mean the hours between 9.00 a.m. and 5.00 p.m. Monday to Friday.
(6) To permit the Lessee peaceably to hold and enjoy the Property from the Commencement Date until the Termination Date without any interruption or disturbance from or by the Lessor or any person claiming under or in trust for him.
(7) To keep the Property and the Contents (but not the Lessee’s personal property) insured against damage or destruction by fire and other usual risk for the full cost of rebuilding and reinstating the Property and replacing the Contents unless the insurance is invalidated by any act of the Lessee.
- Agreement and Declaration
(1) Under the Immigration Act 2014 it is ilegal for the Lessor to allow the Lessee and/or any Permitted Guest to occupy the Property unless and until they have each satisfied the Lessor with documents that demonstrate that they have a legal right to reside in the United Kingdom for at least the duration of the letting. If such documents cannot be provided for any person then that person will not be allowed to occupy the Property unless and until such documents have been provided.
(2) If the Property or any part of it is damaged by any risk against which it is insured so as to be unfit for occupation, the Lessor at his sole discretion may refund a proportion of the Premium to the Lessee. This provision does not apply where payment of the insurance money is refused because of any act or default of the Lessee.
- Recovery of Possession
(1) The Lessor’s rights under this clause arise if and whenever during the Term there is a breach by the Lessee any covenant or obligations other term of this Lease or the Property is left unoccupied continuously otherwise than by prior agreement with the Lessor.
(2) If and whenever during the Term any of the events referred to in clause 9(1) occurs, the Lessor may commence proceedings to obtain a court order to recover possession from the Lessee and re-enter the Property subject to the Lessor’s obligations to serve notice on the Lessee specifying the breach complained of, requiring its remedy if it is capable of remedy and requiring the Lessee to pay compensation in any case and to allow the Lessee a reasonable time to remedy a breach that is capable of remedy.
(3) On the making of a court order for possession, the letting created by this Lease shall cease absolutely but this shall not affect any rights or remedies that may have accrued to the Lessor against the Lessee or to the Lessee against the Lessor in respect of any breach of this Lease including the breach in respect of which the possession is ordered.
- Payment for a period of unauthorised occupation
(1) A period of unauthorised occupation is any period (including any day or part of a day) after 12.00 noon on the Termination Date during which the Lessee or a Permitted Guest or anyone admitted to the Property by the Lessee or a Permitted Guest fails or refuses to give vacant possession of the Property and the Contents back to the Lessor and/or remains in occupation of the Property and/or leaves any belongings or property in the Property other than small items left accidentally that can easily and cheaply be removed and/or fails to return to the Lessor the keys and any security devices or codes relating to the Property.
(2) For any period of unauthorised occupation the Lessee must pay to the Lessor for that period the Extra Payment.
- Deposit and Credit Card
(1) The Lessor may (but shall not be obliged to) deduct and retain from the Deposit and/or may charge to the Lessee’s credit card:
(a) any Extra Payment and/or other payment lawfully due from the Lessee to the Lessor under this Lease;
(b) any sum the Lessor properly expends or incurs in cleaning redecorating repairing or replacing any of the Property and/or the Contents (including locks and keys) that have been dirtied damaged injured or lost by the Lessee (fair wear and tear excepted) and/or in putting right any failure by the Lessee to comply with his obligations under this Lease;
(c) any compensation due to the Lessor for the Lessee’s unauthorised
occupation of the Property following the Termination Date;
(d) any reasonable removal and storage charges and disposal costs
incurred by the Lessor in relation to items of property and belongings left in the Property at the end of the Term; and
(e) any interest due under this Lease on any of these matters at the Interest Rate from the date the payment is due to the date it is deducted from the Deposit.
(2) Subject as above, the Lessor must return the Deposit or the balance of it to the Lessee as soon as reasonably practicable after the end of the Term but any interest earned on the Deposit may be retained by the Lessor.
(3) The Lessee’s liability to the Lessor under this Lease is not limited to the Deposit and, if that liability exceeds the Deposit, the Lessee will remain liable to the Lessor for the outstanding balance.
- Lessor’s details
The Lessee is notified for the purposes of the Landlord and Tenant Act 1987 Section 48(1) that notices (including notices in proceedings) may be served on the Lessor by the Lessee.
If any term of this Lease is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Lease and the enforceability of the remainder of this Lease shall not be affected.
The Lessor and the Lessee agree that this Agreement shall be exclusively governed by and interpreted in accordance with the laws of England and Wales and to submit to the exclusive jurisdiction of the English Courts.
- No Third Party Rights
This Lease shall not operate to confer any rights on any third party and no person other than the parties to it may enforce any provision of this Lease by virtue of the Contracts (Rights of Third Parties) Act 1999.
THE FRIST SCHEDULE
Clause 5 – Rights Granted
The right for the Lessee and those deriving title through or otherwise authorised by the Lessee (subject to compliance with any regulation made by the Lessor from time to time) so far as the Lessor is entitled to grant them:
(1) To use all Service Media which now serve the Property or may do so in the future.
(2) Of support and protection for the Property now enjoyed from any contiguous premises and land.
(3) Of access to and egress from the Property at all times through and along any paths driveways corridors and common parts and in case of fire or other emergency along any fire escape leading from the Property on foot only.
(4) To use (in common with all other persons entitled) the bins provided by the Lessor for disposal of household refuse.
THE SECOND SCHEDULE
Clause 5 – Rights Reserved
The right for the Lessor and those authorised by the Lessor from time to time:
(1) To use all Service Media passing through the Property and the right of entry onto the Property to inspect, maintain, alter, renew or make connection with or lay any new Service Media.
(2) Of entry pursuant to the terms of this Lease;
(3) Of support and protection afforded by the Property from time to time;
(4) When necessary in order for the Lessor to comply with its obligations under this Lease and subject to given reasonable prior notice except in the case of emergency to erect and temporarily maintain scaffolding against any part of the Property notwithstanding any consequent interference with access to or the enjoyment or use of the Property.