DATED «Ten_start» AGREEMENT BETWEEN. Chancellor, Masters and Scholars of the University of Oxford. -and-

Transcription

1 DATED «Ten_start» AGREEMENT BETWEEN Chancellor, Masters and Scholars of the University of Oxford -and- «Tenant1_Title» «Tenant1_Forename» «Tenant1_Surname» TENANCY Relating to «Unit_description» BLOCK, CASTLE MILL, ROGER DUDMAN WAY, OXFORD, «Prop_postcode» («Ten_start» to «Tenancyend») Furnished Tenancy Multiple Occupation March 2011

2 THIS TENANCY AGREEMENT is made on «Ten_start» BETWEEN (1) The Chancellor, Masters and Scholars of the University of Oxford ( The Landlord ) and (2) «Tenant1_Title» «Tenant1_Forename» «Tenant1_Surname» of «Tenant1_College» ( The Tenant ) WHEREBY it is agreed as follows:- 1. The Landlord lets and the Tenant takes:- (a) (b) (c) (d) (e) «Unit_description» ( the room ) situated in and forming part of the buildings, land and access road known as Castle Mill, Roger Dudman Way, Oxford ( the Property ); The fixtures and fittings and furnishings in the Room, including the en-suite bathroom, are as specified in the inventory signed on behalf of the Landlord and the Tenant and are hereinafter collectively referred to as the Furniture ; The use in common with others of Kitchen «Kitchen». The use in common with others of the common room, laundry, bin stores, bike sheds and gardens. The right in common with others of access on foot to the Room (and kitchen, common room, laundry room, garden, bike sheds and bin stores which are hereinafter collectively called the Common Parts which expression shall include the common staircase and passageways over which rights of access are hereby granted) from «Ten_start» until «Tenancyend» (but determinable as hereinafter provided) (f) The Tenant shall pay rent for the Room and the Furniture and the shared use of the Common Parts at the rate of: (i) per calendar month from 17 Mar 2011 until 31 Jul 2011 such rent to be paid in advance (by Bankers Order if so required by the Landlord) on the first day of each month, the first payment being the rent in respect of the period up to «Charged_up_to» to be made on the signing of this agreement. The last such payment shall be made on the first day of the month during which the tenancy expires and shall if appropriate be an apportioned part of a full month s rent. (g) In addition the Tenant shall pay the Landlord on the signing of this Agreement a deposit of to be applied by the Landlord in or towards the cost of cleaning in accordance with paragraphs (6) and (8) of the First Schedule or rectifying any breaches by the Tenant of the terms of this Agreement. It is not to be used as the last month s rent. The balance (if any) of the deposit remaining

3 after such cleaning or rectification shall be refunded to the Tenant not later than four weeks after the determination of the Tenancy. 2. The Tenant shall also pay during the tenancy (a) (b) (c) (d) (e) The amounts demanded by British Telecommunications Plc or any other telecommunications group or the University in respect of standing charges for the telephone (if any) and all telephone calls made during the tenancy. The amounts demanded by the hirers of hired equipment in the Room. The amounts demanded by the Electricity and Gas suppliers respectively in respect of standing charges arising and electricity and gas if any used in the Room. If demanded by the landlord an appropriate proportion of the cost of providing heat, light and power to the common parts. Any Council Tax (or any tax replacing it) assessed on or in respect of the Tenant. Any sum or sums payable from time to time under this clause shall be payable forthwith on demand and at the election of the Landlord either to the Landlord or direct to the appropriate authority person or body to whom the amount is due and any such sum or sums paid by or due from the Landlord to the appropriate authority person or body shall be due forthwith from the Tenant. 3. The Landlord reserves the right to enter the Room and the Common Parts at reasonable times of the day with or without workmen tools and equipment and for any reasonable purpose but in particular for the purpose of inspecting the Property and carrying out repairs subject to giving 24 hours notice to the Tenant (except in the case of emergency when no notice shall be required). 4. The Landlord reserves the right to build or rebuild or alter or refurbish any part of the property in any manner whatsoever notwithstanding that light or air to the Premises is in any case thereby diminished or prejudicially affected or that any other liberty easement right or advantage belonging to the Tenant is thereby diminished or prejudicially affected. 5. The Tenant agrees to perform and observe the agreements stipulations and conditions set out in the First Schedule and to procure that their family and visitors are made aware of the same and observe them where relevant. 6. The Landlord agrees to perform the stipulations as set out in the Second Schedule to this Agreement. 7. It is hereby agreed and declared that:- (a) if: (i) the whole or any part of the rent is unpaid for twenty one days after it becomes due (whether legally demanded or not); or (ii) there is any breach of any of the Tenants other obligations in this agreement; or

4 (iii) the Tenant is adjudicated bankrupt or has an interim receiver of their property appointed the Landlord shall be entitled (in addition to any other right) to repossess the Room and the Furniture and this tenancy shall immediately terminate but without affecting the Landlord s right to take action against the Tenant for any outstanding breach of the Tenants obligations hereunder. (b) (c) (d) (e) the Landlord may appropriate and sell any effects and belongings, of the Tenant or any other person, that are abandoned or discarded in the Property at the end of the Term or any period of unauthorised occupation or following repossession in accordance with 8(a), and may apply the proceeds of the sale towards any unpaid rent, compensation for breach of covenant, or interest properly due. The Landlord shall not be liable to the Tenant in any criminal or civil proceedings for the recovery or replacement of any items appropriated or sold pursuant to this clause In this tenancy the single number includes the plural and the plural the single; and references to the masculine gender include the feminine If the Landlord or the Tenant shall in either case be more than one person then stipulations given by that party shall be deemed to be made jointly and severally The Landlord shall insure the Room and the Furniture against damage or loss by fire but the Tenants shall be solely responsible for effecting such insurance as they may wish in respect of their own belongings and cash and those of their family and visitors. 8. If the Tenant completes his academic work or submits his thesis or for any other reason ceases to be a student of Oxford University before the expiry date of this Agreement the Landlord may at any time thereafter terminate this Agreement by serving not less than 2 months written notice on the Tenant. 9. For the purposes of section 48 of the Landlord and Tenant Act 1987 the address at which notices may be served upon the Landlord is c/o the Accommodation Officer, Land Agent s and Accommodation Office, Ewert House, Ewert Place, Banbury Road, Summertown, Oxford OX2 7DD. 10. If the Room or the Common Parts or any part of them is destroyed or made uninhabitable by any of the risks insured against by the Landlord then unless and to the extent that the Landlord s insurance policy has been vitiated or payment of the insurance monies refused because of the act or default of the Tenant the rent or appropriate part of it according to the extent of the damage shall be suspended until the Room and/or the Common Parts (as the case may be) has been reinstated and made fit for occupation.

5 FIRST SCHEDULE The Tenant agrees:- 1. Not to assign underlet charge or part with possession nor lend nor share the Premises or Furniture or any part thereof nor take in any paying guest or lodger 2. Not to do or allow to be done any damage to the Premises or to the Furniture and to make good or pay for all such damage save for fair wear and tear or (in the case of any articles included in the Furniture which shall be lost broken damaged or destroyed) replace the same with an identical article provided that the Tenants shall not be liable for any damage caused by fire otherwise than by the negligence of the Tenants or of any person who shall be in the Premises with the Tenants consent. 3. To pay forthwith for the replacement of all broken or cracked glass in the windows of the Premises except such as may be broken or cracked at the date hereof and noted in the inventory. 4. To ensure that no act or omission takes place in the Premises or Common Parts which may cause the external or internal drains to become obstructed and to keep the lavatories in the Premises clear and clean. 5. To keep the Premises and the Furniture clean and tidy throughout the tenancy. At the end of this tenancy thoroughly to clean all fixtures and fittings and other items included in the Furniture, to wash down all dirty paint work and floors and to deliver up the Premises and the Furniture to the Landlords in a clean and tidy condition and remove from the Premises any furniture equipment or other items the Tenants may have brought into the Premises or elsewhere in the Property and also any rubbish and refuse. To keep clean the carpets provided by the Landlord. 6. The Tenant should ensure that the Property is sufficiently heated and ventilated to avoid condensation and mould growth and if there is excess condensation the Tenant must wipe down surfaces promptly with bleach or any anti-mould product to help prevent mould growth recurring. The following measures should also be taken to avoid condensation: the drying of clothes inside the Property except in areas designated for that purpose trickle vents shall be left open at all times and extractor fans in bathrooms and kitchens should be used curtains and blinds should be kept open during the day 7. To pay to the Landlord on demand the cost of washing or cleaning all curtains bedding and floor coverings included in the Furniture and the washing down of the walls, floors, ceilings, windows and all other surfaces of the Premises which shall have become soiled during the tenancy.

6 8. To permit the Landlord with or without workmen and others at all reasonable times during the tenancy to enter the Premises for the purpose of repairing decorating and painting the same or of examining the condition of the Premises and the Furniture. 9. Not to drive drawing pins nails or screws or any similar thing into the walls of the Premises nor to affix things to the walls by any means or to affix shower attachments to the taps and in the event of any breach to reimburse the Landlord on demand the cost of any redecorating required as a result of such breach. 10. Not to paint paper or redecorate any part of the interior or exterior of the Premises. 11. Not to remove the Furniture from the Premises or the Common Parts. 12. Not to use on the Premises any heating lighting or cooking appliance which burns paraffin or other liquid fuels. The Tenant shall not light candles or joss sticks. 13. To use the Premises as a private residence only and not to carry out any trade or business in the Premises. 14. Not to take in guests or invitees. 15. Not to do or suffer to be done at any time in the Premises or any part of the Property any act or thing which may be a nuisance damage or annoyance to the Landlord or to the occupiers of any of the adjoining nearby premises or any other person or which made vitiate any insurance against fire or otherwise of the Premises or of the Property or increase the ordinary premium thereof. 16. Not to in any way affect the validity of the insurance of the Property and the items listed on the Inventory or cause an increase in the premium payable by the Landlord. If the Tenant leaves the Property vacant for thirty (30) days or more the Tenant must inform the Landlord in advance in writing. 17. To keep any smoke detector which may be installed on the Premises in good working order and in particular to test the said smoke detector not less than once in every week to ensure that it functions correctly and (in the case of a battery operated smoke detector) to replace at the Tenants cost the batteries within the said unit whenever the need arises. Not to tamper in any manner with any smoke detector which may be installed at the Premises so as to make it ineffective in detecting smoke or fire at the Premises. 18. Not to pull down alter add to or in any way interfere with the construction or arrangement of the Premises or the Common Parts. 19. Not to affix any wireless radio or television aerial to the Property or the Premises. Not to fix any flags placards signs or posters so as to be visible outside the Property. The windows and doors of the Property must not be obscured by anything other than domestic curtains and blinds. 20. Not to keep any animal bird or reptile in the Premises or anywhere within the Property. 21. To take all necessary precautions to prevent damage by frost to water apparatus.

7 22. Not to play to use or allow to be played or used any musical instrument or instruments wireless television gramophone or other electronic device for the reproduction of sound and/or music so as to be audible outside the Premises between the hours of 11.00pm and 8.00am nor at any other time so as to become a nuisance annoyance or inconvenience to the Landlord or the tenants or occupiers of any other part of the Property. 23. The Tenant must not use the Property or allow it to be used for any auction sale, any dangerous, noisy or offensive activity, or any illegal or immoral act or purpose, and must not carry on any commercial activity on it. 24. Not to allow washing to be hung in the windows or on any balconies (if any) or on the outside of the Premises. 25. Not to alter the existing lock on the Premises or fit any additional lock or other device which would prevent the Landlord from gaining access to the Premises. 26. To observe and comply with any regulations for the conduct of tenants residing in the Property as laid down from time to time by the Landlord. 27. Not to damage any trees shrubs flower beds lawns or other parts of the grounds (if any) of the Property and not to pick any flowers. 28. Not to do or omit anything on the Premises the doing or omission of which shall be a contravention of the Town and County Planning legislation and to inform the Landlord forthwith of any notice served upon the Tenants or occupier by any person or authority which may affect the Landlord s interest. 29. Not to obstruct or cause or permit any obstruction of any paths drives entrance ways passages halls or stairs serving the Premises and (if applicable) the other dwellings in the Property. 30. At the end of the tenancy to quietly deliver up possession of the Premises to the Landlord in such condition as will comply with the Tenants obligations under this Agreement. 31. Not to leave articles of any description in any part of the Property other than within the Premises. In particular the Tenants shall not obstruct any of the corridors paths or passageways or leave bicycles motor bikes or cars anywhere on or inside the Property save for either:- (a) (b) One bicycle (not a motor bike) which may be stood in the designated bicycle store or storage areas if there is room in one. Not to park any motor vehicle or motorbike in the car parking areas without a parking permit. 32. Not to install a washing machine in the Premises. 33. Within the last two months of the tenancy to permit the Landlord at reasonable hours in the daytime to enter and view the Premises with prospective tenants.

8 34. To forward to the Landlord immediately upon receipt any correspondence addressed to the Landlord and any notice order or proposal relating to the Property its use or value or to the development of any neighbouring property. 35. To pay all costs (including legal and surveyor s fees) incurred by the Landlord: (a) (b) in connection with the preparation and service of a notice under Section 146 Law of Property Act 1925 whether forfeiture of the tenancy is avoided by relief granted by the Court or in any other way; or in connection with the recovery of arrears of rent due under this agreement. 36. To notify the Landlord forthwith in writing of any defect in the Property or the Furniture other than those which the Tenant is liable to remedy under this agreement as soon as is practicable after the defect comes to the notice of the Tenant. 37. The Tenant must not smoke tobacco or any other substances in the Property or allow guests to do so. 38. The Tenant must not use any computer facilities or access any computer network provided at the Premises or the Property by the Landlord or the University of Oxford except in accordance with the University s Regulations relating to the use of Information Technology facilities current from time to time and without prejudice to the generality of the foregoing must not connect any wireless router to the University network supplied within the Premises or the Property. 39. To provide the Landlord with a forwarding address when the tenancy comes to an end and to remove all rubbish and all personal items (including the Tenant s own furniture and equipment) from the Property before leaving.

9 SECOND SCHEDULE Provided that the Tenant pays the rent and performs his obligations under this Agreement the Landlord agrees:- 1. To pay the General and Water Rates on the Property except for the Council Tax (or any similar tax replacing it) on or in respect of the Tenant for the Premises. 2. To take all reasonable steps to provide the following services:- (a) Cleaning of the Common Parts (b) Disposal of refuse from the dining room/kitchen (c) Hot water for the Property (d) Central heating, hot water and electricity for the Room (including the en-suite bathroom) (e) Light and power (including hot water and heating for the Common Parts) for the Property excluding the Room SIGNED by Miss Sue Jacobs the duly authorised agent of the Landlord SIGNED by the Tenant «Tenant1_Title» «Tenant1_Forename» «Tenant1_Surname» Dated:

10 PROPERTY: NAME: NATIONALITY INFORMATION «Unit_description» «Tenant1_Title» «Tenant1_Forename» «Tenant1_Surname» NATIONALITY:... The Electoral Registration Officer can require any householder, owner, occupier, or the agent of any such person to give information required for the purpose of carrying out registration duties. Failure to comply with a requisition for information is an offence. This is contained in Regulation 23 in the Representation of the People Regulations 2001 Act. If you wish your name to be excluded from the general registers you will need to complete an opt out form acquired from the Oxford City Council, Legal & Democratic Services Offices, The Town Hall, Oxford OX1 1BX Tel: This information will be kept on file in the Graduate Housing Office. CHECK LIST Name... «Tenant1_Title» «Tenant1_Forename» «Tenant1_Surname» «Unit_description» Taken from... «Ten_start» 1. Application form 2. Correspondence 3. Tenancy Agreement/Regulations 4. Payment 5. Receipt No 6. Direct Debit form 7. Nationality form (database updated) 8. Contact & Handbook information (handed out) 9. Telephone form

11 PLEASE NOTE that this is a FIXED-TERM TENANCY AGREEMENT, which means that you are liable for the rent on this property until «Tenancyend». Please sign below to confirm that we have advised you of this fact before you have signed the tenancy agreement, and that you will read the online handbook. Name: «Tenant1_Title» «Tenant1_Forename» «Tenant1_Surname» Signed:.. Property: «Unit_description» Dated:.. PLEASE NOTE that this is a FIXED-TERM TENANCY AGREEMENT, which means that you are liable for the rent on this property until «Tenancyend». Please sign below to confirm that we have advised you of this fact before you have signed the tenancy agreement, and that you will read the online handbook. Name: «Tenant1_Title» «Tenant1_Forename» «Tenant1_Surname» Signed:.. Property: «Unit_description» Dated:..