Residential Accommodation Policy

Transcription

1 Residential Accommodation Policy 0

2 Policy Title: Executive Summary: Policy for provision, control and management of residential accommodation East Cheshire NHS Trust is committed to providing good quality, clean, safe and secure residential accommodation to assist with the recruitment and retention of staff and also to support and enhance the delivery of healthcare. Accommodation is also made available for medical student as part of a rotational education. Supersedes: 2.0 This policy provides guidance on the management and use of the Trust s residential accommodation. Visiting medical staff can be provided with overnight accommodation and short term tenancies when they are delivering services to, or on behalf of, the Trust. Description of Amendments to: Amendment(s): Remove details of accommodation no longer available. Update details of the accommodation currently managed by the Trust Incorporate standard lease agreement documentation This policy will impact on: Staff, doctors, medical students, F1s and Locums Financial Implications: The residential accommodation is commercially leased. This arrangement has a significant influence over the management of the property Policy Area: Trust Wide Document ECT Reference: Version Number: 0.3 Effective Date: June 2018 Issued By: Head of Facilities (Soft FM) Review Date: September 2021 Author: Head of Facilities (Soft FM) Impact Assessment Date: August 2017 APPROVAL RECORD Committees / Group Date Consultation: OMT Received for information HR Finance Approved and Ratified: 1

3 Table of Contents 1. Introduction Page 4 2. Purpose Page 4 3. Responsibility Page 4 4. Allocation of Accommodation Page 5 5. Availability of Accommodation Page 6 6. Requests for Accommodation Page 6 7. Taking up Residence Page 7 8. Accommodation Charges Page 8 9. Vacating Accommodation Page Return of Deposits Page Monitoring Compliance with the Document Page References Page 12 Appendices Appendix 1 Gawsworth Building - Application for Accommodation Appendix 2 Gawsworth Building - Rent, Utilities and Key loan agreement Appendix 3 Gawsworth Building - Short Term Tenancy Agreement Appendix 4 Ingersley Building - Application for Accommodation Appendix 5 Ingersley Building - Rent, Utilities and Key loan agreement Appendix 6 Ingersley Building - Short Term Tenancy Agreement Appendix 7 Ingersley Building - Debit or Credit Card Payment Form Appendix 8 Car Parking TSP - Car parking Ingersley & Henbury 2

4 1. Introduction Site based residential accommodation provides support to the Trust with the recruitment, retention and housing medical staff whether on temporary, medium, agency or long term contract. Additionally accommodation is available for medical students on rotation The majority of accommodation is for single occupants only, however, the Trust has a limited amount of accommodation for partner accommodation and this is allocated as appropriate and when available The Trust operates a strict no-smoking policy and this extends to all Trust residencies. 2. Purpose 2. Purpose The purpose of this policy is as follows: To provide clear principles and values which govern the appropriate use of residential accommodation. Support the most efficient and appropriate and financially sustainable use of residential accommodation Ensure compliance with legislation and BMA criteria. Ensure there is no discrimination, either directly or indirectly, on the grounds of race, religion, disability, gender, sexuality or age. Clarify the circumstances when accommodation can be provided ensuring it is fair and equitable. Clarify rights and responsibilities of the tenant and landlord. 3.0 Responsibilities 3. Responsibility Chief Executive has overall responsibility for ensuring that the Trust has appropriate policies in place and this responsibility may be delegated to an appropriate deputy Executive Directors and Heads of Services are responsible for the ratification, implementation and monitoring of this policy Director of Finance as the nominated Lead Director has the delegated management responsibility for the implementation and delivery of this policy Head of Facilities (Soft FM) has responsibility for the effective strategic and operational management of the Trusts accommodation and will ensure that processes and plans are in place to monitor compliance with this policy All staff including staff not employed by ECNHST, locums, contractors, agency and volunteers have a responsibility to comply with the requirements of this policy. 3

5 4. Allocation of Accommodation East Cheshire NHS Trust accommodation is available for use by the following:- Doctors with on-call commitments with a duration of between 1 and 7 nights St Helens and Knowsley Lead Employer rotational doctors (Mersey Deanery) working late shifts where necessary rest periods would be non-compliant under the terms of the European working time directive, and would further place the Trust in conflict with same. Locum doctors F1 Junior Doctors Medical Students Students who have allied to medicine placements arranged by speciality department Newly recruited medical staff who would otherwise be unable to take up their post. Members of East Cheshire Trust staff seeking accommodation. Accommodation will be allocated to residents of similar and appropriate designations. 5. Requests for Accommodation Procedures All enquiries should be directed to the accommodation manager in the first instance. An accommodation application form must be completed before accommodation is allocated. 6. Taking up Residence All new residents issued with any of the following documents must contact the accommodation manager on the first normal working day (Monday Friday excluding Bank Holidays) following their arrival, to return completed paperwork: Appendices: Appendix 1: Gawsworth House : Application for accommodation Appendix 2: Rent, Utilities and Key Loan Agreement - (Gawsworth House) Appendix 3: Short Term Tenancy Agreement - (Gawsworth House) Appendix 4: Ingersley Building: Application for Accommodation Appendix 5: Rent, Utilities and Key Loan Agreement (Ingersley) Appendix 6: Short Term Tenancy Agreement - (Ingersley) Appendix 7: Debit or Credit Card Payment Form Appendix 8: Car parking Ingersley & Henbury buildings 4

6 The Trust takes no responsibility for any loss or damage sustained to any personal belongings during the stay. It is recommended that suitable insurance cover is arranged 6.1 Key Collection and Return Keys are made available for collection from the Switchboard Office (which is located in the corridor between RVS Shop and Main Reception) after 4 pm Monday Friday, and all day Saturday, Sunday and Bank Holidays. Directions to the medical residence accommodation will be given in the form of a site map Keys are for the sole use of the named member of staff or locum only, and must not be shared or transferred without the prior agreement of the Accommodation Manager Keys with ID tags attached must be returned to Switchboard immediately after vacating the apartment to confirm the time and day of departure. The apartment will need to be prepared for the next tenant. 5

7 7. Accommodation Charges The Inland Revenue consider use of Trust accommodation and associated facilities to be a Taxable benefit, and it is the duty of this Trust to comply with current legislation and inform the Tax Department of all users. Rent and deposit charges for East Cheshire NHS Trust will be deducted direct from salary, as appropriate unless alternative payment methods are discussed and agreed prior to occupancy. Arrangements will be made with the payroll provider for all rotational doctors, and locums to be charged directly and all tenants are expected to take responsibility for any charge levied for use of accommodation. Deposits equal to one month s rent and utility charges will be due in respect of short term tenancy contracts and payments will be deducted from salary in the same manner as rent unless alternative arrangement are discussed and agreed. Deposits will be required for the use of telephones for private use/calls in the On-Call Rooms. 8. Vacating Accommodation On-site on-call rooms should be vacated by 9.00 am subject to prior agreement with the accommodation manager. All accommodation should be returned in the same standard of cleanliness and condition as at the time of allocation. In the event that the standards are not met or lacking, charges for extra cleaning will be levied and funded from any deposit held. Medium and longer term accommodation residents should contact the accommodation manager at least 14 days in advance of their intended date of departure. An appointment will then be made to monitor the accommodation and check the inventory. Forwarding address details should be given at this stage. 9. Return of Deposits Deposits will be returned within one month of leaving the accommodation in order to enable final account reconciliation. Assuming no charges are to be deducted, the deposit will be returned either to the specified bank account or forwarding address. 6

8 10. Monitoring Compliance with this Document An annual review of the accommodation including charges will be undertaken by Facilities (Soft FM) to ensure the continued effectiveness of the policy. The review will consider: Terms of reference Monthly monitoring of tenancy agreements Statutory requirement achievement Accommodation charge review and benchmarking General maintenance of the accommodation Quality of service offered and resident satisfaction 11. References BMA BMA Requirements 7

9 Appendix 1 Gawsworth House : Application for accommodation Please Note: This application does NOT constitute a guarantee of accommodation. (Please use block capitals and black ink) Surname: Title: Dr / Mr / Miss / Mrs First Name(s:.. Male / Female Nationality: National Insurance Number:. Postal Address :. Telephone Number: Address: If you will be away for any length of time before taking up this accommodation, please give dates and any contact details: Your role within this trust:.. The date your contract of employment commences:.... The date your contract is expected to end:... Will the accommodation allocated to you during your employment term with this trust be your only residence in the UK? If not, please give the address of your permanent home in the UK (these details are essential for council tax and electoral register purposes) Please provide name and address details of two previous landlords/accommodation officers/housing associations one of whom must be current - as they may be contacted prior to any offer of accommodation. Please include dates of tenancy: 8

10 Name Address Commencement Date Length of Tenancy Name Address Commencement Date Length of Tenancy Please sign and date where indicated below:- I. confirm that the accommodation for which I am applying will be for my personal use only, and will not be shared (unless designated as shared) or sub-let in any way during my period of occupancy. I agree to vacate the premises on the date my contract of employment with East Cheshire NHS Trust terminates, or to give one months notice prior to vacating in the event of my resignation. Signed: Date: Please return the completed form as soon as possible to: Post to: Mrs K.C. Webb Accommodation Manager Hope House East Cheshire NHS Trust Victoria Road Macclesfield Cheshire SK10 3BL karen.webb4@nhs.net Fax:

11 Appendix 2 Rent & Utilities and Key Loan Agreement 1. Name. 2. Tenancy Commencement date. 3. Tenancy end date Tenancy address Apartment No. Gawsworth Building West Park Drive Macclesfield SK10 3FT 5. Rent. Inclusive of: Water Electricity Gas Council Tax 6. Deposit YES / NO. 7. Payment method: Salary Assignment No:. 8. Payroll base Details completed and key attached / supplied. Signed on behalf of East Cheshire NHS Trust. (Accommodation Manager) Key accepted Signed by Tenant Date.. 10

12 Appendix 3 SHORT TERM TENANCY AGREEMENT East Cheshire NHS Trust Macclesfield District General Hospital Victoria Road Macclesfield Cheshire SK10 3BL 11

13 Short Term Tenancy Agreement Tenancy Agreement made between: and: East Cheshire NHS Trust On: 1. RECITALS 1.1. The Landlord has given to the Tenant Notice in the prescribed form, and it is intended that the tenancy hereby created shall be an assured short hold tenancy within the meaning of Section 20 of the Housing Act 1988, and the provisions for the recovery of possession by the landlord in Section 21 thereof apply accordingly This tenancy is granted in consequence of the employment of the Tenant by the landlord or This Tenancy is granted in consequence of the Tenant pursuing a course of study or training as required by the Landlord. 2. DEFINITIONS The following terms shall have the following meanings: 2.1. The premises means the property described in the schedule attached The contents means any furniture, furnishings, linen beddings, equipment and other chattels belonging to the landlord The Landlord includes the person or bodies for the time being entitled in reversion expectant on the tenancy hereby created The Tenant includes the persons deriving title under the Tenant The schedule referred to in this agreement is the schedule attached. 3. AGREEMENT TO LET The Landlord agrees to let and the Tenant agrees to take the premises with the contents for the period specified by the commencement and term of the agreement listed in the schedule and (if the Landlord shall not previously have served notice on the Tenant on intention to take proceedings for recovery of possession of the premises at the expiry of such term (then from month to month) but determinable nevertheless as herein provided). 4. CONSIDERATION The Tenant agrees to pay the Landlord: 4.1. Monthly rent as described in the schedule A deposit as bond, the monthly sum specified on the schedule will be collected from the first monthly salary/payment depending on type of accommodation (the sums retained from time to time by the Landlord by virtue of such payments shall not exceed the deposit amount identified in the schedule) and to permit the Landlord from time to time during or after the termination of the agreement to deduct from the amounts so paid and retained any expenses incurred by the Landlord in making good any want of 12

14 cleanliness, repair or decoration, or any loss or damage or settling any outstanding sums in respect of services provided to the Tenant for gas, electricity or water relating to the accommodation for which the Tenant is responsible hereunder The Landlord will not invest or deposit in an interest earning account any sums paid pursuant to this provision or be liable to account to the Tenant for any interest which may have been earned thereon had the same been so invested or deposited If the schedule specifies collection from salary as a method of payment then the monthly rent/or part thereof and any increases (plus any deposit charges) will be deducted from the Tenants wage/salary at the end of that month. 5. EXCESS UTILITY CHARGES The Landlord shall deduct each month basic gas, electricity and water charges direct from the salary of the Tenant. The Tenant will be notified at the beginning of each month the amount of each used, and shall be charged for usage above base charges. 6. TENANT OBLIGATIONS The Tenant must: 6.1. Keep the interior of the premises in a good state of cleanliness and to ensure that any cooking equipment and utensils are cleaned after use Report all cases of blocked drains, burst water pipes and electrical failures, or any defect likely to cause injury to persons or damage to premises, as soon as practicable to the Accommodation/Residencies Manager 6.3. Use the items of furniture, fittings and furnishings provided by the Landlord and specified in the inventory attached hereto, in a reasonable manner and to pay the Landlord for the repair or replacement of any such items which may be damaged, destroyed or lost by the act of omission of the Tenant, members of his/her household or visitors. (Fair wear and tear excluded) Pay to the Landlord as a deposit a sum as per schedule from the first month s salary, and to permit the Landlord from time to time during or after the termination of this agreement to deduct from the amount so paid and retained (or from final salary if the amount is in excess of the deposit) and expenses incurred by the Landlord in making good any want or repair of decoration loss or damage for which the Tenant or visitor is responsible. Except that any claim for such payment by the Landlord against the Tenant shall not be limited to the said deposit At all reasonable times to permit officers of the Landlord with or without workmen, equipment and materials, to enter the premises to examine their condition or to carry out any necessary or desirable repairs or other works. Under normal circumstances entry will only be agreed with prior notice Not to part with possession of the premises or any part thereof and not to take in a lodger or lodgers To use the premises exclusively for the residential accommodation of the Tenant (and agreed member of his/her household) Not to make any alterations or additions to the premises or main services, nor without the written permission of the Landlord install or erect, on or about the premises, any TV or other aerial Not to apply any form of paint or interior decoration, or to make temporary or permanent fixings of any sort without first having the permission of the Accommodation/Residencies Manager. In any case, not to use adhesive tape or other material for hanging pictures, posters or other hangings Not, without the written consent of the Landlord, to keep in or about the premises, any animal or bird and not in any event, to use the premises for the breeding of any animal or bird of any description. 13

15 6.11. Not to store or keep on the premises any petrol or inflammable materials, stores or equipment (except reasonable quantities of normal domestic items) To indemnify the Landlord against all liability and expense in consequence of any accident or occurrence arising from the presence or use of any vehicle, equipment parked or placed by the Tenant (or member of his/her household on, or adjacent to, the premises provided that this indemnity shall not extend to accidents or occurrences arising from the presence or use of any vehicle or equipment reasonable parked or placed by the Tenant in course of his employment by the Landlord To conform at all times with the reasonable requirements of the Landlord concerning the parking of private motor vehicles owned or controlled by the Tenant (or member of his/her household) and not without written consent of the Landlord to park or bring onto the premises or any part of the hospital any commercial vehicle, (other than for purposes of delivery or collection), caravan or boat Not to do, or permit to be done, on the premises anything which may be or become a nuisance to the Tenants of neighbouring premises or anything to which the Landlord may, in writing, reasonably object Not to install or use any additional locks Not to install or use additional heaters Not to use or permit to suffer the use of the premises for any improper, immoral or illegal purposes To vacate the premises immediately upon the termination of this agreement. THE LANDLORD Shall be entitled to deduct and retain from the remuneration or any other sums from time to time due from the Landlord to the Tenant any sums payable to the Tenant by virtue of the attached schedule hereof and also such sums as shall be required to reimburse the Landlord for the reasonable expense incurred by the Landlord in remedying any breach or non-observance of the obligations on the part of the Tenant contained in this agreement Undertakes to refund to the Tenant the sum referred to in the attached schedule subject to the deduction of such amounts as may properly be retained by the Landlord Shall structurally maintain the premises, the grounds, hedges and any fences surrounding the premises and replace or repair fittings, furnishings and equipment resulting from fair wear and tear. It is hereby agreed as follows: The Landlord will not accept any liability for loss or destruction of, or damage to the personal belongings, of the Tenant or member of his/her household, unless caused by the Landlord s neglect, or that of its servants The cost of all private telephone usage by the Tenant or member of his/her household will be paid by the Tenant At the end of the tenancy the Tenant will leave the premises in the appropriate state of cleanliness, state of repair and free of all items (other than the contents as herein before defined) and remove all rubbish and then hand over the keys to all locks. 7. LANDLORD OBLIGATIONS The Landlord agrees with the Tenant as follows: 7.1. To pay or keep the Tenant indemnified against all water charges in respect of the premises or the building of which premises form part To be liable for any repairs which are the responsibility of a less by virtue of Section 11 of the Landlord and Tenant Act That the Tenant paying the rent and performing all the agreements on the part of the Tenant contained in the agreement may quietly possess and enjoy the premises during 14

16 the tenancy hereby created without any lawful interruption from or by the Landlord or any person claiming through or under or in trust. 8. LANDLORD POWERS The Landlord may: 8.1. Enter the premises at any time for inspection or to carry out work to it and to inspect and make inventories of the contents and show the premises to prospective occupiers If, after the Tenant has vacated the premises at the end of the Tenancy, any property of the Tenant remains in or on the premises and the Tenant fails to remove it within 7 days after being requested in writing by the Landlord to do so, or if after using its best endeavours the Landlord is unable to make such a request to the Tenant within 14 days from the first attempt so made by the Landlord The Landlord may as the agent of the Tenant sell such a property and the Tenant will indemnify the Landlord against any liability incurred by it to any third party whose property shall have been sold by the Landlord in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such a property belonged to the Tenant If the Landlord, having made reasonable efforts, is unable to locate the Tenant, the Landlord shall be entitled to retain such proceeds of sale absolutely unless the Tenant shall claim them within 6 months of the date upon which the Tenant vacated the premises The Tenant shall indemnify the Landlord against any damage occasioned to the premises and any actions, claims, proceedings, cost, expenses and demands made against the Landlord caused by or related to the presence of in or on the premises Deduct the rent hereby reserved from any wages of payment that may from time to time be due from the Landlord to the Tenant and if the Landlord does so, the Landlord shall be entitled (notwithstanding any other provision of this agreement) to deduct payments of rent during the calendar month preceding the dates upon which the payments become due. 9. PROVISOS If at any time: 9.1. Any part of the rent shall be in arrears for 15 days (whether formally demanded) and/or; 9.2. There shall be any breach non-performance or non-observance of the Tenant s obligations and/or; 9.3. Any of the grounds set out in the Grounds 8 or 10 to 15 (inclusive of Schedule 2 to the Housing Act 1988 shall apply (which relate to a breach of an obligation by the Tenant), the Landlord may re-enter the premises or any part of them and resume possession of the contents and upon such re-entry the tenancy shall absolutely determine, but without prejudice to any claim which the Landlord may make against the Tenant in respect of any antecedent breach of the Tenant s agreement The Tenant may terminate this agreement by one month s written notice at any time after the end of the initial fixed period. 15

17 10. NOTICES Any notice to be given in connection with the Tenancy shall be deemed to be properly given if sent by recorded delivery addressed to: The Accommodation/Residencies Manager East Cheshire NHS Trust Hope House, Victoria Road Macclesfield Cheshire SK10 3BL If given by the landlord to him/her by name at the address stated to be his/her address at the commencement of this agreement If given to the Tenant, to him/her by name at the address of the premises and if so sent, shall be deemed to have been served not later that the first working day following the day on which it was posted. 11. INCREASE OF RENT Rents will reviewed on a 12 monthly basis and will be implemented on 1 st April of each consecutive year. Signed on behalf of the Landlord : Signed by the Tenant : East Cheshire NHS Trust Date : 16

18 THE HOUSING ACT 1988 NOTICE UNDER SECTION 21(1)(b) ASSURED SHORTHOLD TENANCY: NOTICE REQUIRING POSSESSION FIXED TERM TENANCY [a] Insert name TO: [i] and current address Apartment No: of tenant[s] of Gawsworth House West Park Drive Macclesfield [b] Insert name FROM: [ii] and address of of East Cheshire NHS Trust landlord Hope House, Victoria Road, Macclesfield Macclesfield, Cheshire, SK10 3BL I HEREBY GIVE YOU NOTICE THAT I REQUIRE POSSESSION OF THE DWELLINGHOUSE KNOWN AS [b] Insert full [iii] address of dwelling/house Gawsworth House Apartment No: West Park Drive Macclesfield [d] Insert date of expiry of tenancy ON: DATED this day of. For and on behalf of East Cheshire NHS Trust Landlord NOTE: If the Landlord serves notice on the Tenant in this form on or after the expiry of a fixed term Assured Shorthold Tenancy a Court must, on application by the Landlord, make an order for possession. This Notice must be given on or before the day on which the fixed term comes to an end, and it must be for a period of at least two (2) months. 17

19 Appendix 4 Ingersley Building : Application for Accommodation Please Note: This application does NOT constitute a guarantee of accommodation (Please use block capitals and black ink) Surname: Title: Dr / Mr / Miss / Mrs First Name(s:... Male / Female Nationality: National Insurance Number:. Postal Address :. Contact Telephone Number:. Address: If you will be away for any length of time before taking up this accommodation, please give dates and any contact details: Your role within this trust:.. The date your contract of employment commences:. The date your contract is expected to end:.. Will the accommodation allocated to you during your employment term with this trust be your only residence in the UK? If not, please give the address of your permanent home in the UK. (these details are essential for council tax and electoral register purposes) Please provide name and address details of two previous landlords/accommodation officers/housing associations one of whom must be current - as they may be contacted prior to any offer of accommodation. please include dates of tenancy: 18

20 Name Address Commencement Date Length of Tenancy Name Address Commencement Date Length of Tenancy Please sign and date where indicated below:- I. confirm that the accommodation applied for is for my personal use only, and will not be shared (unless designated as shared) or sub-let in any way during my period of occupancy. I agree to vacate the premises on the date my contract of employment with East Cheshire NHS Trust ends, or to give one months notice prior to vacating in the event of my resignation. Signed: Date: Please return the completed form as soon as possible to: Post to: Mrs K.C. Webb Accommodation Manager Hope House East Cheshire NHS Trust Victoria Road Macclesfield Cheshire SK10 3BL karen.webb4@nhs.net Fax:

21 Appendix 5 Rent & Utilities and Key Loan Agreement 1. Name. 2. Tenancy.. Commencement date 3. Tenancy end date Tenancy address Apartment No. Ingersley Building West Park Drive Macclesfield SK10 3FT 5. Rent. Inclusive of: Water Electricity Gas Council Tax 6. Deposit YES / NO. 7. Payment method: Salary Assignment No:. 8. Payroll base Details completed and key attached / supplied. Signed on behalf of East Cheshire NHS Trust Key accepted. (Accommodation Manager) Signed by Tenant Date.. 20

22 Appendix 6 SHORT TERM TENANCY AGREEMENT East Cheshire NHS Trust Macclesfield District General Hospital Victoria Road Macclesfield Cheshire SK10 3BL 21

23 Short Term Tenancy Agreement Tenancy Agreement made between: and: East Cheshire NHS Trust On: 1. RECITALS 1.1. The Landlord has given to the Tenant Notice in the prescribed form, and it is intended that the tenancy hereby created shall be an assured short hold tenancy within the meaning of Section 20 of the Housing Act 1988, and the provisions for the recovery of possession by the landlord in Section 21 thereof apply accordingly This tenancy is granted in consequence of the employment of the Tenant by the landlord Or This Tenancy is granted in consequence of the Tenant pursuing a course of study or training as required by the Landlord. 2. DEFINITIONS The following terms shall have the following meanings: 2.1. The premises means the property described in the schedule attached The contents means any furniture, furnishings, linen beddings, equipment and other chattels belonging to the landlord The Landlord includes the person or bodies for the time being entitled in reversion expectant on the tenancy hereby created The Tenant includes the persons deriving title under the Tenant The schedule referred to in this agreement is the schedule attached. 3. AGREEMENT TO LET The Landlord agrees to let and the Tenant agrees to take the premises with the contents for the period specified by the commencement and term of the agreement listed in the schedule and (if the Landlord shall not previously have served notice on the Tenant on intention to take proceedings for recovery of possession of the premises at the expiry of such term (then from month to month) but determinable nevertheless as herein provided). 22

24 4. CONSIDERATION The Tenant agrees to pay the Landlord: 4.1. Monthly rent as described in the schedule A deposit as bond, the monthly sum specified on the schedule will be collected from the first monthly salary/payment depending on type of accommodation (the sums retained from time to time by the Landlord by virtue of such payments shall not exceed the deposit amount identified in the schedule) and to permit the Landlord from time to time during or after the termination of the agreement to deduct from the amounts so paid and retained any expenses incurred by the Landlord in making good any want of cleanliness, repair or decoration, or any loss or damage or settling any outstanding sums in respect of services provided to the Tenant for gas, electricity or water relating to the accommodation for which the Tenant is responsible hereunder The Landlord will not invest or deposit in an interest earning account any sums paid pursuant to this provision or be liable to account to the Tenant for any interest which may have been earned thereon had the same been so invested or deposited If the schedule specifies collection from salary as a method of payment then the monthly rent/or part thereof and any increases (plus any deposit charges) will be deducted from the Tenants wage/salary at the end of that month. 5. EXCESS UTILITY CHARGES The Landlord shall deduct each month basic gas, electricity and water charges direct from the salary of the Tenant. The Tenant will be notified at the beginning of each month the amount of each used, and shall be charged for usage above base charges. 6. TENANT OBLIGATIONS The Tenant must: 6.1. Keep the interior of the premises in a good state of cleanliness and to ensure that any cooking equipment and utensils are cleaned after use Report all cases of blocked drains, burst water pipes and electrical failures, or any defect likely to cause injury to persons or damage to premises, as soon as practicable to the Accommodation/Residencies Manager 6.3. Use the items of furniture, fittings and furnishings provided by the Landlord and specified in the inventory attached hereto, in a reasonable manner and to pay the Landlord for the repair or replacement of any such items which may be damaged, destroyed or lost by the act of omission of the Tenant, members of his/her household or visitors. (Fair wear and tear excluded) Pay to the Landlord as a deposit a sum as per schedule from the first months salary, and to permit the Landlord from time to time during or after the termination of this agreement to deduct from the amount so paid and retained (or from final salary if the amount is in excess of the deposit) and expenses incurred by the Landlord in making good any want or repair of decoration loss or damage for which the Tenant or visitor is responsible. Except that any claim for such payment by the Landlord against the Tenant shall not be limited to the said deposit At all reasonable times to permit officers of the Landlord with or without workmen, equipment and materials, to enter the premises to examine their condition or to carry out any necessary or desirable repairs or other works. Under normal circumstances entry will only be agreed with prior notice Not to part with possession of the premises or any part thereof and not to take in a lodger or lodgers To use the premises exclusively for the residential accommodation of the Tenant (and agreed member of his/her household). 23

25 6.8. Not to make any alterations or additions to the premises or main services, nor without the written permission of the Landlord to erect, on or about the premises, any TV or other aerial Not to apply any form of paint or interior decoration, or to make temporary or permanent fixings of any sort without first having the permission of the Accommodation/Residencies Manager. In any case, not to use adhesive tape or other material for hanging pictures, posters or other hangings Not, without the written consent of the Landlord, to keep in or about the premises, any animal or bird and not in any event, to use the premises for the breeding of any animal or bird of any description Not to store or keep on the premises any petrol or inflammable materials, stores or equipment (except reasonable quantities of normal domestic items) To indemnify the Landlord against all liability and expense in consequence of any accident or occurrence arising from the presence or use of any vehicle, equipment parked or placed by the Tenant (or member of his/her household on, or adjacent to, the premises provided that this indemnity shall not extend to accidents or occurrences arising from the presence or use of any vehicle or equipment reasonable parked or placed by the Tenant in course of his employment by the Landlord To conform at all times with the reasonable requirements of the Landlord concerning the parking of private motor vehicles owned or controlled by the Tenant (or member of his/her household) and not without written consent of the Landlord to park or bring onto the premises or any part of the hospital any commercial vehicle, (other than for purposes of delivery or collection), caravan or boat Not to do, or permit to be done, on the premises anything which may be or become a nuisance to the Tenants of neighbouring premises or anything to which the Landlord may, in writing, reasonably object Not to install or use any additional locks Not to install or use additional heaters Not to use or permit to suffer the use of the premises for any improper, immoral or illegal purposes To vacate the premises immediately upon the termination of this agreement. THE LANDLORD Shall be entitled to deduct and retain from the remuneration or any other sums from time to time due from the Landlord to the Tenant any sums payable to the Tenant by virtue of the attached schedule hereof and also such sums as shall be required to reimburse the Landlord for the reasonable expense incurred by the Landlord in remedying any breach or non-observance of the obligations on the part of the Tenant contained in this agreement Undertakes to refund to the Tenant the sum referred to in the attached schedule subject to the deduction of such amounts as may properly be retained by the Landlord Shall structurally maintain the premises, the grounds, hedges and any fences surrounding the premises and replace or repair fittings, furnishings and equipment resulting from fair wear and tear. It is hereby agreed as follows: The Landlord will not accept any liability for loss or destruction of, or damage to the personal belongings, of the Tenant or member of his/her household, unless caused by the Landlord s neglect, or that of its servants The cost of all private telephone usage by the Tenant or member of his/her household, will be paid by the Tenant At the end of the tenancy the Tenant will leave the premises in the appropriate state of cleanliness, state of repair and free of all items (other than the contents as herein before defined) and remove all rubbish and then hand over the keys to all locks. 24

26 7. LANDLORD OBLIGATIONS The Landlord agrees with the Tenant as follows: 7.4. To pay or keep the Tenant indemnified against all water charges in respect of the premises or the building of which premises form part To be liable for any repairs which are the responsibility of a less by virtue of Section 11 of the Landlord and Tenant Act That the Tenant paying the rent and performing all the agreements on the part of the Tenant contained in the agreement may quietly possess and enjoy the premises during the tenancy hereby created without any lawful interruption from or by the Landlord or any person claiming through or under or in trust. 8. LANDLORD POWERS The Landlord may: Enter the premises at any time for inspection or to carry out work to it and to inspect and make inventories of the contents and show the premises to prospective occupiers If, after the Tenant has vacated the premises at the end of the Tenancy, any property of the Tenant remains in or on the premises and the Tenant fails to remove it within 7 days after being requested in writing by the Landlord to do so, or if after using its best endeavours the Landlord is unable to make such a request to the Tenant within 14 days from the first attempt so made by the Landlord The Landlord may as the agent of the Tenant sell such a property and the Tenant will indemnify the Landlord against any liability incurred by it to any third party whose property shall have been sold by the Landlord in the mistaken belief held in good faith (which shall be presumed unless the contrary be proved) that such a property belonged to the Tenant If the Landlord, having made reasonable efforts, is unable to locate the Tenant, the Landlord shall be entitled to retain such proceeds of sale absolutely unless the Tenant shall claim them within 6 months of the date upon which the Tenant vacated the premises The Tenant shall indemnify the Landlord against any damage occasioned to the premises and any actions, claims, proceedings, cost, expenses and demands made against the Landlord caused by or related to the presence of in or on the premises Deduct the rent hereby reserved from any wages of payment that may from time to time be due from the Landlord to the Tenant and if the Landlord does so, the Landlord shall be entitled (notwithstanding any other provision of this agreement) to deduct payments of rent during the calendar month preceding the dates upon which the payments become due. 12. PROVISOS If at any time: Any part of the rent shall be in arrear for 15 days (whether formally demanded) and/or; There shall be any breach non-performance or non-observance of the Tenant s obligations and/or; Any of the grounds set out in the Grounds 8 or 10 to 15 (inclusive of Schedule 2 to the Housing Act 1988 shall apply (which relate to a breach of an obligation by the Tenant), the Landlord may re-enter the premises or any part of them and resume possession of the contents and upon such re-entry the tenancy shall absolutely determine, but without prejudice to any claim which the Landlord may make against the Tenant in respect of any antecedent breach of the Tenant s agreement The Tenant may terminate this agreement by one month s written notice at any time after the end of the initial fixed period. 25

27 13. NOTICES Any notice to be given in connection with the Tenancy shall be deemed to be properly given if sent by recorded delivery addressed to: The Accommodation/Residencies Manager East Cheshire NHS Trust Victoria Road Macclesfield Cheshire SK10 3BL If given by the landlord to him/her by name at the address stated to be his/her address at the commencement of this agreement If given to the Tenant, to him/her by name at the address of the premises and if so sent, shall be deemed to have been served not later that the first working day following the day on which it was posted. 14. INCREASE OF RENT Rents will reviewed on a 12 monthly basis and will be implemented on 1 st April of each consecutive year. Signed on behalf of the Landlord : East Cheshire NHS Trust Signed by the Tenant : Date : 26

28 THE HOUSING ACT 1988 NOTICE UNDER SECTION 21(1)(b) ASSURED SHORTHOLD TENANCY: NOTICE REQUIRING POSSESSION FIXED TERM TENANCY [a] Insert name TO: [i] and current address Apartment No: of tenant[s] of Ingersley Building West Park Drive Macclesfield [b] Insert name and address of FROM: [ii] East Cheshire NHS Trust landlord of Victoria Road, Macclesfield, Cheshire, SK10 3BL I HEREBY GIVE YOU NOTICE THAT I REQUIRE POSSESSION OF THE DWELLINGHOUSE KNOWN AS [b] Insert full [iii] Address of dwelling/house Ingersley Building Apartment No: West Park Drive Macclesfield [d] Insert date of expiry of tenancy ON: DATED this day of. For and on behalf of East Cheshire NHS Trust Landlord NOTE: If the Landlord serves notice on the Tenant in this form on or after the expiry of a fixed term Assured Shorthold Tenancy a Court must, on application by the Landlord, make an order for possession. This Notice must be given on or before the day on which the fixed term comes to an end, and it must be for a period of at least two (2) months. 27

29 Appendix 7 ACCOMMODATION CHARGES Room Booking for: (Name) Date(s): Room: Ingersley Building, West Park Drive Total Payable: Budget Code: Payment for use of this accommodation, as agreed at the time of booking, is detailed above. Payment can be made via the following options Monday Friday 9.30 am 4.00 pm:- Debit/Credit Card payments can be made in person with the Facilities Department, Hope House, Macclesfield District General Hospital or by telephone / Debit/Credit Card and cash payments can be made in person with the Cash Office, Ground Floor Corridor, Macclesfield District General Hospital or by telephone / If you are unable to make payment in person or over the phone, please complete the section below and seal within the envelope provided. Please ensure that this information is received by the accommodation manager based in in Hope House. (located behind New Alderley House (THQ) Card No: / / / Expiry Date: / 3 Digit Security Code (back of the Card): Card Type: Address (as it appears on Statement): Postcode: Tel / Mobile No: I authorise my card to be debited by the amount of Signed:..Date.. 28

30 Appendix 8 Accommodation Office Facilities Soft FM, Hope House Macclesfield District General Hospital Victoria Road Macclesfield Cheshire SK10 3BL Tel: Karen.webb4@nhs.net IMPORTANT NOTICE RE CAR PARKING - PLEASE READ Car Parking Ingersley & Henbury and Silk building Car parking immediately around Ingersley and Henbury and the Silk Office building is operated by a private company, TSP Parking. As you have been allocated accommodation, on arrival you must telephone TSP on: TSP Carparking and give them your car registration. This telephone number operates 24 hours x 7 days per week. Give TSP the commencement and end dates that you will be resident, even if this is just for 1 day. This will allow you to park outside the Ingersley or Henbury building in spaces each marked with a Blue Medical Residence badge on the pavement curb whilst you arrange a parking permit for your vehicle. Do not however park in any of the 10 spaces marked with a White Keyworker Homes badge as these do not form part of the medical residences To arrange the permit please contact the Accommodation Manager on or the Trust Car Parking Team on clearly stating that you require a Blue Residential permit. You will need to arrange the permit the next working day. Once you have a permit please display it clearly at all times. Failure to comply with the above advice will likely result in a Parking Charge Notice of 100 being issued by TSP Once issued it is the responsibility of the car owner to appeal the charge. 29