The location of Roosevelt Academy in the city of Middelburg induces many students to take up residence in Middelburg.

Transcription

1 July General Terms and Conditions for Student Accommodation GENERAL TERMS AND CONDITIONS FOR STUDENT ACCOMMODATION PREAMBLE The location of Roosevelt Academy in the city of Middelburg induces many students to take up residence in Middelburg. In line with what is possible given the social, economic and financial dependence of students, the lessor rents student accommodation to students for the duration of their enrolment at an institute that is a participant as referred to in article 1.1.1, paragraph b, of the WEB (Adult and Vocational Education Act) or to students enrolled at a university or college as referred to in article 1.2 paragraphs a and b of the WHW (Higher Education and Research Act). The Ministry of Housing and Regional Development has recognized the setting of the abovementioned task of the lessor. The lessor has succeeded in acquiring a selection of rooms/units at rents that have been decreased to a level that is affordable for the target group s budget. In view of the objective and the fact that the housing stock to be rented out by the lessor is limited, the lessor is only prepared to rent the accommodation to the tenant for the duration of the period of time he/she is deemed to be a student as defined below in article 1 of these General Terms and Conditions. The accommodation is only intended for students as referred to in article 1 of these General Terms and Conditions. On termination of the tenancy agreement, the lessor shall rent the accommodation to another student as referred to in article 1 of these General Terms and Conditions. On termination of the tenancy agreement, no reimbursement of moving expenses or any other expenses shall be granted by the lessor, nor shall the lessor offer any alternative accommodation. I. Definitions Article 1 Lessor: Tenant: Student: Tenancy agreement: Rented accommodation: Institute Villex Vastgoedbescherming B.V. the student with whom the lessor signs a tenancy agreement. a person who is enrolled either at an institute as referred to in article paragraph b of the WEB (Adult and Vocational Education Act) or at a university or college as referred to in article 1.2, paragraphs a and b of the WHW (Higher Education and Research Act. an agreement between lessor and tenant with regard to self-contained or non-self-contained student accommodation. the self-contained or non-self-contained accommodation intended for students, including any communal areas and facilities, green areas, front and back gardens, parking spaces, storage rooms, garages etc. an institute as referred to in article paragraph b of the of the WEB (Adult and Vocational Education Act) or a university or college as referred to in article 1.2 paragraphs a and b of the WHW (Higher Education and Research Act

2 II. Scope of the general terms and conditions Article 2 These general terms and conditions are part of the tenancy agreement within which they have been declared applicable. Should the provisions of the tenancy agreement deviate from those of these General Terms and Conditions, the provisions of the tenancy agreement shall take precedence. III. Disposition and acceptance of the rented accommodation Article 3 1. The lessor shall put the rented accommodation at the disposal of the tenant on the starting date of the tenancy agreement,. 2. The lessor is obliged to rectify any defects, damage or other shortcomings found and reported within 14 days of the commencement of the tenancy. The lessor and the tenant shall receive copies of the inventory and delivery list, signed by both the lessor and the tenant. IV. Rent and purpose Article 4 1. The accommodation is solely intended as accommodation for students as referred to in article 1. Lessor shall put the accommodation at the disposal of students only. On termination of the tenancy agreement, the lessor shall rent the accommodation to another student. 2. As a consequence of the designated purpose of the rented accommodation and other factors, the tenancy agreement is concluded for a definite period of time. The lessor shall only rent the accommodation to the tenant for the period during which the tenant meets the requirement of being a student. The tenant shall notifies the lessor as soon as possible about the study s termination date. 3. The tenant shall no longer be regarded as a student from the moment he/she is no longer enrolled at an institute as stated above in article The lessor shall terminate the tenancy agreement on the grounds of needing it urgently for its own use if the tenant stops being a student. 5. On being asked to do so, the tenant must submit to the lessor proof of enrolment in accordance with the provisions of article 7:274 paragraph 4 of the Dutch Civil Code. If the tenant does not produce proof of his/her enrolment at an institute as a student for the current year of study within three months and subsequently does not agree to termination of the tenancy agreement, the lessor shall take legal action to terminate the tenancy agreement on the grounds of needing it urgently for its own use. 6. If the tenant does not submit the requested proof within the statutory period but does do so before the writ of summons is served, the lessor shall at the very least charge the tenant for the administrative costs. V. Rent and payment Article 5 1. The tenant shall settle the rent for the rented accommodation in full and in advance before the first day of each month by payment of the amount due in the manner indicated by the lessor. From the first day of the month no payment is made, the tenant shall be deemed to be in default for the term of the month concerned and shall owe the interest at the legally applicable rate. 2. With respect to payment of the rent, the tenant shall not have recourse to any compensation or settlement, except when the lessor is in default in repairing a defect and the tenant carries out

3 this repair himself, in which case - if so desired he/she may deduct the expenses incurred, insofar they are reasonable, from the rent subject to article 7:206 paragraph 3 of the Dutch Civil Code. VI. Service charges Article 6 1. The tenant shall pay a monthly advance for the service charges. Each year, no later than six months after the end of the calendar year, the lessor shall provide the tenant with an itemized overview of the service costs charged in the calendar year concerned. The difference, if any, between the actual costs incurred and the service charges paid in advance by the tenant shall be settled between the lessor and the tenant, unless it is a service charge for a specific fund set up by the lessor. The advance paid by the tenant with regard to these funds is equal to the final costs; no settlement shall therefore take place. 2. Except for an additional agreement entered into by both parties, the monthly service charges agreed upon by lessor and tenant can only be increased as of the first month following the month in which the overview referred to in the first paragraph of this article has been provided. 3. The tenant is bound to a modification of deliveries and services and the attendant modified service charges where such modifications relate to deliveries and services that can only be delivered to a number of tenants jointly and if at least 70% of the tenants have agreed to it. After a written notification by the lessor that agreement has been reached with at least 70% of the tenants, any tenant who has not agreed to the modification may start legal proceedings to have the court determine whether the proposal is reasonable. 4. Should the tenant wish to modify one or more of the deliveries and/or services belonging to the agreed package, or wish to extend or reduce the package, the lessor declares in advance that it will agree to this provided that: the tenant s interest in the modification, extension or reduction is such, that considering the interests of both parties, the lessor cannot in fairness withhold its consent, and the proposed modification, extension or reduction can only be realized per building complex or part thereof, and at least 70% of the tenants have agreed to it. 5. Should the lessor wish to modify one or more of the deliveries and/or services belonging to the agreed package, or wish to extend or reduce the agreed package with one or more deliveries and/or services, or wish to modify the method of calculation of the payment for one or more deliveries and/or services, the tenant declares in advance that he/she will agree to this provided that: the lessor s interest in the modification, extension or reduction is such, that considering the interests of both parties, the tenant cannot in fairness withhold his/her consent, and the lessor has informed the tenant or (if present) the representatives of the tenants in good time about the modification, extension or reduction, and has consulted with the tenant or the representatives of the tenants. 6. The lessor does not have to take account of the fact that the tenant may not use or has not made use of one or more of these deliveries or services. VII. General obligations of the lessor Article 7 1. The lessor shall remove all defects that prevent or seriously impede the use of the rented accommodation, even if they were not known to him upon commencement of the tenancy, unless it is impossible or involves such expenditure that this cannot reasonably be asked of the lessor, or unless they are costs that are to be borne by the tenant in law, by virtue of this tenancy agreement, or where this is customary.

4 2. The lessor shall reimburse any damage caused by a defect, if the defect arose after the tenancy agreement was concluded and can be imputed to the lessor, or if the damage is caused by a defect that already existed when the tenancy agreement was concluded, and of which the lessor was aware or should have been aware at the time or if it informed the tenant at the time that the accommodation did not have such a defect. VIII. Use Article 8 1. The tenant shall act as would be expected of a good tenant, and undertakes to use and maintain the rented accommodation properly. 2. The tenant undertakes to use the rented accommodation as living accommodation for himself/herself and to make it his domicile. He/she shall use the accommodation, including any and all fitments and communal areas, in accordance with its purpose and shall not change this purpose. Communal areas are understood to mean areas such as staircases, elevators, basements, attics, garages, storage rooms, walkways, gardens and inner courtyards insofar as the tenant shares the use of these areas with other tenants or users. 3. The tenant is only allowed to completely or partly sublet the rented accommodation to a third party or give a third party the full or partial use of the rented accommodation with prior written consent of the lessor. A request to this end must be submitted in writing, stating the name of the subtenant/user, the amount of the rent, if any, and the commencing date of the subtenancy/user agreement. 4. If the tenant has sublet the rented accommodation completely or partly without prior written consent of the lessor, or has put it at the disposal of a third party for rental purposes or for use, the onus of proof that the tenant has continuously resided in the rented accommodation as his domicile shall rest with the tenant. Furthermore, in the case of unlawful subtenancy the tenant shall have to hand over all earnings obtained from the subtenancy to the lessor, without prejudice to the lessor s right to claim the contractual penalty as referred to in article 15 of these terms and conditions. 5. Without prior written consent of the lessor, the tenant is not allowed: a. to keep animals in or on the rented accommodation; b. to place advertising material on or attached to the rented accommodation, or to have it placed there in any shape for himself or for a third party; c. to go onto on the roofs, gutters, etc. of the rented accommodation, or to let others do so; d. to store flammable materials in or on the rented accommodation; e. to hang out clothes or linen along the facade; f. to place a radio or television antenna or a satellite dish or similar on or attached to the living quarters, or to have them installed; g. to place movable property in passageways, walkways, escape routes, technical spaces, entrance halls and/or staircases; h. to place bicycles and/or mopeds in places other than the storage rooms and shelters intended for this purpose. 6. The tenant is not allowed to grow cannabis in the rented accommodation, or to carry out other activities that are punishable under the Opium Act. IX. Carrying out urgent work and renovation by the lessor Article 9 1. The tenant shall allow all urgent work on the rented accommodation or adjacent living accommodation, as well as on the central facilities of these accommodation units. 2. The tenant shall have no claim to a rent reduction or compensation as a result of urgent work or renovation being carried out.

5 3. If the lessor wants to renovate the building complex (completely or in part) of which the rented accommodation is part, it shall submit a proposal to the tenant in writing to this end. This proposal shall be presumed to be reasonable if at least 70% of the tenants agree to it. Any tenant who has not agreed to the proposal and has not started legal proceedings to have the court determine whether the proposal is reasonable within eight (8) weeks of receipt of the written notification by the lessor that (more than) 70% of the tenants have agreed to the proposal, shall be bound by the proposal. He/she is then obliged to cooperate in full when the work is carried out. In the case of a renovation, the tenant also declares that he/she agrees to any rent increase as a result of the renovation, insofar as this rent increase is in reasonable proportion to the costs of the renovation incurred by the lessor. 4. The work referred to above shall be announced and shall only be carried out on working days between 08:00 and 18:00, barring urgent circumstances. X. General obligations of the tenant Article The tenant is obliged to take the necessary measures to prevent damage to the rented accommodation, in particular in the event of fire, storm, water and frost. The tenant is obliged to notify the lessor immediately if damage has arisen or might arise, irrespective of its cause, and of any defects of the rented accommodation. In cases of negligence by the tenant in this matter, any damage caused to the rented accommodation as well as to the properties of third parties shall be borne by the tenant. 2. In connection with inspections by the lessor as to whether the tenant is complying with the obligations pursuant to these General Terms and Conditions or in connection with any work to be carried out by the lessor (as well as meter readings and similar), the tenant shall allow the lessor access to the rented accommodation on working days between 08:00 and 18:00. Lessor is also understood to mean persons assigned by or on behalf of the lessor. The tenant shall allow access to the rented accommodation to persons entrusted with carrying out inspections or work. If so desired, the tenant can ask these persons for identification. 3. Minor everyday maintenance and repair work, as described in the Besluit Kleine Herstellingen (Minor Repairs Decree) as drawn up by the government, shall be at the tenant s expense and shall at least include: a. Whitewash, coloured wash, wallpaper and paintwork indoors; b. Replacement of broken or damaged glass windows indoors and mirrors; c. The usual maintenance of and small repairs to hinges and locks, switches, wall sockets, doorbell, etc.; d. Unblocking collecting drainpipes, standpipes, drains, garbage chutes, etc.; e. Chimney sweeping; f. Cleaning the roof gutters; g. Maintaining taps and making arrangements to prevent water pipes freezing during cold weather; h. All other maintenance and repair work which is at the tenant s expense in accordance with local practice; i. Replacing broken or damaged glass windows outdoors; j. Keeping the communal areas and communal sanitary facilities clean; k. Maintenance of the private garden; l. Maintenance of the communal green area; m. Everyday maintenance of water heaters/boilers/ch radiators, etc.; n. Unblocking toilet bowls, fitted washbasins, kitchen sinks and drains; o. Keeping communal kitchen equipment clean, such as the sink unit, refrigerator, microwave, cooking rings, etc. 4. All work that the tenant carries out or has carried out must be done to an appropriate expert standard, observing all regulations defined by the authorized bodies or by the lessor.

6 XI. Changes to the rented accommodation by the tenant Article The tenant is not allowed to alter the interior or exterior of the rented dwelling wholly or in part without prior written permission of the lessor, unless they are alterations and/or extensions to the interior of the rented accommodation that can be reconverted at negligible cost. Alterations may not cause danger, inconvenience or nuisance to the lessor, other tenants or third parties. The tenant must comply with the Guide for New Tenants in this respect. 2. The lessor can attach conditions to such approval, which may relate to: the nature and quality of the materials to be used; prevention of damage to the construction of the rented accommodation or the building; (structural or architectural) government regulations; the maintenance of the alteration; additional provisions to prevent nuisance to third parties; insurance, taxes and liability; social landlordship; When giving permission, the lessor will specify whether the alteration or extension must be made undone by the tenant at the end of the tenancy. 3. All alterations made in violation of the lessor s conditions shall be made undone by the tenant upon first notice by the lessor. 4. The tenant is obliged to maintain, repair and correct defects in the alterations or extensions made by him/her. 5. In principle, the alterations made to the rented accommodation by the tenant are entirely at the tenant's risk and expense. The lessor is not obliged to give any reimbursement or compensation other than expressly undertaken upon or after granting permission as referred to in the first paragraph. 6. The tenant is liable for all damage caused by alterations or extensions made by him/her. The tenant indemnifies the lessor against claims by third parties for damage caused by alterations or extensions made to the rented accommodation by the tenant. XII. Liability for damage to the rented accommodation Article During his/her tenancy the tenant is liable for any damage to the rented accommodation, including the exterior, caused by culpable negligence on his part to observe an obligation pursuant to this tenancy agreement. All damage, except for fire damage, shall be presumed to have been caused by such culpable negligence. In the case of fire damage only, the lessor must prove the liability of the tenant. With regard to all other damage, the onus of proof lies with the tenant. 2. The tenant is liable to the lesser for the conduct of those using the rented accommodation on behalf of the tenant, or of those who are present on behalf of the tenant, in the same way as for his own behaviour. 3. All tenants are jointly and severally liable for any damage caused in or to the communal areas. XIII. Termination of the tenancy agreement Article The fixed-term tenancy agreement end by expiration of that time. The fixed-term tenancy agreement can only be terminated prematurely by mutual consent or as stipulated in paragraph 5 of this article.

7 2. If the tenant terminates his/her study before the end of the agreed rental period, he can request the lessor to cooperate in terminating the agreement. In that case the lessor shall cooperate in terminating the lease by the end of the semester, namely December 31 or July 15. Leaving the rented accommodation during holidays or an exchange program shall not be considered termination of the study. The tenant shall notify the lessor as soon as possible about the study s termination date. 3. A tenancy agreement with an indefinite term or a tenancy agreement that has been extended by an indefinite term can be terminated by both the tenant and the lessor against the for payment of the rent agreed day. 4. The tenancy agreement can be terminated by means of a registered letter or a writ. In the case of termination of the tenancy agreement by the lessor, it shall state the grounds that led to the termination. The period of notice to be observed by the lessor is three months, plus one month for each year that the tenant has made continuous use of the rented accommodation by virtue of the tenancy agreement, up to a maximum of six months. The period of notice to be observed by the tenant is one month. 5. In any case where the tenant has not submitted a copy of proof of enrolment at an institute as referred to in article 1 of these General Terms and Conditions within three months of the written request of the lessor, the lessor can terminate the tenancy agreement because it wants to rent the accommodation to another student. 6. After termination of the tenancy agreement, the tenant is obliged to allow interested parties to view the accommodation when the lessor wishes to progress to renting or selling the property. XIV. Return of the rented accommodation Article At the end of the tenancy period, the tenant shall return the rented accommodation in good condition and completely cleared, and hand over the keys to the lessor, in the same condition he/she received the rented accommodation upon commencement of the tenancy agreement (thereby using the inventory drawn up at the commencement of the tenancy agreement as referred to article 3, as a starting point. The provisions of article 13 shall apply with respect to any alterations made to the rented accommodation. 2. With a view to this, the tenant is obliged to enable the lessor to inspect the rented accommodation in time, on which occasion an inspection report shall be drawn up, stating what maintenance and repair work has to be carried out before the end of the tenancy, by and at the expense of the tenant, as well as the estimated repair costs. This inspection report shall be handed over to the tenant immediately. 3. The following regulations apply to alterations made by the tenant during the tenancy period: a. At all times, the lessor can demand rectification by the tenant of alterations made without his consent. b. The lessor cannot demand rectification from the tenant of alterations made with written consent of the lessor, unless this was explicitly stated when the written consent was granted. 4. Without prejudice to what has been stated in this article, the tenant is entitled at all times to undo alterations he/she introduced, provided that he/she returns the rented accommodation entirely to the state and condition in which it was at the commencement of the tenancy, in accordance with the inventory drawn up at that time. 5. If at the end of the tenancy the tenant has not fulfilled the obligations to repair, completely clear and if necessary rectify alterations that were introduced, the lessor is entitled to carry out the resulting necessary work or have it carried out at the tenant s expense. Any other damage caused by culpable negligence of the tenant shall also be at the tenant's expense. 6. In the event the tenant leaves any property behind in the rented accommodation after terminating the tenancy agreement, the lessor is entitled to remove such items without being obliged to retain them. All removal costs shall be at the tenant s expense.

8 This provision does not apply to moveable property transferred by the tenant to the new tenant, provided the lessor has been informed of this in writing. XV. Default and penalty clause Article The tenant shall be deemed to be in default de facto on the expiration of an agreed term. 2. If the tenant is in default with regard to the timely and full payment of the rent, Villex will charge additional administration costs for the first notice of 15,00 and for the second notice of 30, If the lessor has to take judicial and/or extrajudicial steps as a result of the tenant not complying with his/her obligations pursuant to the law and/or the tenancy agreement, all resulting costs shall be borne by the tenant. 4. The extrajudicial collection charges to be paid by the tenant to the lessor are due at the moment the lessor has to incur extra costs to collect its claim against the tenant and/or transfers its claim against the tenant; they shall amount to at least 15% of the claim transferred plus VAT, with a minimum of The tenant shall owe the lessor a penalty of 25,00, due on demand, per calendar day for each obligation in law or by virtue of the tenancy agreement and these general terms and conditions that he/she does not comply with or infringes, without prejudice to the obligation still to comply with the obligation in question and without prejudice to the lessor's right to damages. This penalty shall be due, without judicial intervention being required, for every day the infringement continues. 6. This penalty is based on the price level of 1 January 2014 and shall be indexed annually as from 1 January XVI. Deposit Article When signing the tenancy agreement, the tenant shall pay a deposit, the amount of which is determined by the lessor. The lessor is not obliged to pay interest on this deposit. 2. After termination of the tenancy, the deposit shall be paid back to the tenant by the lessor. The lessor is authorized to deduct any claims due by virtue of the tenancy agreement with the tenant from the deposit. 3. The amount of the deposit shall only be payable after the rented accommodation has been cleared by the tenant and made freely available again and if the lessor has no further claims against the tenant. XVII. Final provisions Article The lessor is authorized to appoint a caretaker to represent the lessor in affairs concerning the present tenancy agreement. 2. Upon concluding this tenancy agreement and by signing it, the tenant gives permission to the lessor and the manager (if any) to enter/process the tenant's personal data in a database. 3. If any part of the tenancy agreement or of these General Terms and Conditions is rescinded, the validity of the other articles shall not be affected. In such cases, conditions that legally come as close as possible to what the parties would have agreed upon had they known about the invalidity or rescission shall be observed as the agreement instead of the invalid or rescinded part. 4. If the building or building complex of which the rented accommodation is part, is divided or becomes divided into joint ownership, the tenant is obliged to observe the regulations ensuing from the deed of division, the covenants and the regulations concerning use.

9 XVIII. Choice of domicile Article The tenant declares to have elected to be domiciled in the rented accommodation for the duration of the tenancy agreement. 2. As of the commencement date of the tenancy agreement, all notifications from lessor to the tenant relating to the execution of this tenancy agreement shall be sent to the address of the rented accommodation. When the rented accommodation stops being the tenant's main domicile, he/she is obliged to inform the lessor of this in writing immediately, stating his/her new address and place of residence. In the event that the tenant permanently leaves the rented accommodation without informing the lessor of his/her new address, the address of the rented accommodation shall continue to be regarded as the domicile of the tenant. 3. Upon termination of the tenancy agreement, the tenant shall inform the lessor of his/her new address in writing. XIX. Final provisions Article 19 These General Terms and Conditions shall be governed by Dutch law.