AGREEMENT made the... (1) THE CHIEF EXECUTIVE East Kent Hospitals University NHS Foundation Trust

Transcription

1 ASSURED SHORTHOLD TENANCY AGREEMENT made the... BETWEEN (1) THE CHIEF EXECUTIVE East Kent Hospitals University NHS Foundation Trust NAME OF TENANT WHEREBY IT IS HEREBY AGREED as follows: 1. DEFINITIONS AND INTERPRETATIONS 1.1 In this Agreement unless the context otherwise requires the following expressions shall have the following meanings: "Designated Manager" "Property" The Chief Executive East Kent Hospitals NHS Trust Kent and Canterbury Hospital Ethelbert Road Canterbury Kent CT1 3NG the dwelling house /flat / room number Flat... Room... Block... Residences St Peter s Road Margate Kent, CT9 4AN "Rent"... (Per month, subject to number of days in month and length of booking.) "Review Date" the 1st day of December and every anniversary thereof during the Term "Contractual Demise" 6 months from the... continuing thereafter from month to month until determined by either party on two months notice. "Term" means the Contractual Demise and any period of holding over or extension or continuance of the Contractual Demise whether by statute or common law. S/Drive-Accom-H&SP-Mar-2011 Page 1 of 6 F2900/01/0899

2 1.2 Landlord. "The Landlord" includes the person for the time being entitled to the immediate possession of the Property on the expiry of the Term. 1.3 Tenant. "The Tenant" includes the person for the time being in whom the Tenant's interest under this tenancy is vested. 1.4 Joint and Several Liabilities. Whenever the Landlord or Tenant consists of more than one person any obligation of or to that party is deemed to be made by or to such person jointly and severally. 1.5 Definition of Property. Where the property let is a flat or room in a building owned by the Landlord the Tenant shall have a right (where appropriate and in common with all others having a similar right) to use the entrance hall corridors and stairways of the building (of which the property forms part) and which are necessary to gain access to or egress from the Property as well as a right (but without any obligation on the Landlord to provide the same) to use such other parts of the building as shall be designated from time to time by the Landlord for the common use of lessees occupiers visitors licensees or any of them "The Property" includes the Landlord's fixtures and fittings furnishings and effects and (without prejudice to the generality of the foregoing) including (if applicable) the fixtures fittings furnishings and effects listed in any inventory signed by the parties. 1.6 Notice. A notice under this Agreement must be in writing and unless the receiving party acknowledges receipt is valid if (and only if) it is given by hand or sent by first class post by registered post or recorded delivery and served on the other party in the case of the Landlord to the Chief Executive at the address given above (or such other person or address as may be specified in notice given by the Landlord to the Tenant from time to time) and in the case of the Tenant at the Property or at the address stated for the Tenant (2) A notice sent by first class post by registered post or recorded delivery is to be treated as served on the third day after posting whenever and whether or not it was received and if the receiving party is more than one person a notice to one is a notice to all. 2. RECITALS The Landlord has given to the Tenant notice (and the Tenant acknowledges receipt of such notice) in the prescribed form that the tenancy created by this Agreement 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 apply accordingly. S/Drive-Accom-H&SP-Mar-2011 Page 2 of 6 F2900/01/0899

3 3. DEMISE The Landlord lets and the Tenant takes the Property for the Contractual Demise at the Rent (subject to review as provided for in Clause 7) 4. TENANTS OBLIGATIONS The Tenant agrees with the Landlord 4.1 Rent. To pay the Rent (subject to review as provided for in Clause 7) without deduction by equal monthly payments. Payment is to be made through payroll deduction or online card payment utilising the trust online booking system. The first of such payments being a proportion of the amount for the period beginning with the Rent Commencement Date until the last day of the next succeeding month The Tenant may not exercise any claim to withhold rent or any setoff In the case of a Tenant who is also an employee of the Landlord (or where applicable any Health Authority who acts as his agent) the Landlord shall be entitled to receive payment of the Rent (or any other sums due under this agreement) by deduction from the Tenant's salary or wage on a monthly basis as appropriate 4.2 Outgoings. To pay and indemnify the Landlord against all rates taxes charges and outgoings which are now or during the Term assessed or imposed upon the Property or the occupier of it including without prejudice to the generality of the foregoing all charges for gas electricity oil or telephone and water rates where applicable 4.3 Alterations. Not to make any alterations or additions to the Property or its decoration nor to injure or damage the Property 4.4 Alienation. Not to assign or underlet or part with possession or share the use or occupation of the property or any part of it. 4.5 Repair. To maintain the interior of the Property and keep it in reasonable repair and without prejudice to the generality of the foregoing: To take reasonable care of the Landlord's furniture fixtures and effects Not to decorate paint or paper the Property except in materials and colours first approved by the Landlord. S/Drive-Accom-H&SP-Mar-2011 Page 3 of 6 F2900/01/0899

4 4.6 Use. To use the Property only as a private dwelling and not without prior written consent to allow or keep on the Property any animal or pet. 4.7 Deliver Up. At the expiry of the Term to deliver up to the Landlord possession of the Property in good and tenantable repair and in a clean habitable condition. 4.8 Access. To permit the Landlord or persons authorised by the Landlord at all reasonable times (except in cases of emergency) to enter the property for the purpose of viewing its condition state of repair or for undertaking any repairs to the Property (or the building of which it forms part) which cannot reasonably be undertaken without such access 4.9 Rule. To obey all rules and regulations as the Landlord may make for the proper running and good management of the Property or the building of which the building forms part Not to do or suffer to be done in or upon the Property any act or thing which may be a nuisance damage or annoyance to the Landlord or the tenants or occupiers of any adjoining premises Without prejudice to the generality of the foregoing not to play any musical instruments record player radio television or otherwise cause any noise or disturbance so as to be audible from the outside of the Property between the hours of 10pm and 9am Will not partake or condone in the act of smoking cigarettes, cigars, pipes or similar substances within or on the premises denoted by the Landlord. 5. LANDLORDS OBLIGATIONS The Landlord agrees with the Tenant: 5.1 That the tenant paying the rent and performing the agreements on the Tenants part contained in this Agreement may peaceably enjoy the Property during the Term 5.2 To be liable for any repairs which are the responsibility of a lessor by virtue of section 11 of the Landlord and Tenant Act 1985 S/Drive-Accom-H&SP-Mar-2011 Page 4 of 6 F2900/01/0899

5 6. PROVISOS 6.1 Re-entry. The Landlord and Tenant agree that if the Rent is unpaid for fourteen days after it shall have become due (whether formally demanded or not) or if there shall be any breach or non observance of any of the Tenant's obligations it shall be lawful for the Landlord or enter onto the Property and thereupon this Agreement will absolutely determine without prejudice to the rights of action of the Landlord in respect of any breach of the Tenant's obligations 6.2 Deposit. The Landlord and Tenant agree that the Deposit (if any) shall be held by the Landlord during the Term and shall be returned to the Tenant without interest at the end of the Term subject to deduction of such sums as are properly due to the Landlord in respect of damage losses or unpaid bills at the end of the Term 6.3 Tenant's Break Clause. The Tenant is entitled to determine this Tenancy during the first six months of the Term by serving two months notice on the Landlord and immediately after the expiration of such notice period this tenancy will determine without prejudice to any claim by the Landlord for any outstanding breach of the Tenant's obligations 7. RENT REVIEW 7.1 The Landlord may review the Rent at any time by serving of a notice on the Tenant specifying an increased rent to become payable on the next succeeding Review Date ("the Increased Rent") 7.2 The Rent shall be revised to the Increased Rent from the Review Date or a date two months after the date of such notice whichever is the later. 7.3 If at any Review Date there is by virtue of any statute or other regulation any restriction upon the Landlord's right to review the Rent or if at any time there is by virtue of any such statute or regulation or restriction upon the right of the Landlord to recover the Rent otherwise payable then upon the ending removal or modification of such restriction the Landlord may at any time thereafter give to the Tenants one month s written notice requiring an additional review of the Rent which for the purpose of this clause shall be a Review Date S/Drive-Accom-H&SP-Mar-2011 Page 5 of 6 F2900/01/0899

6 ASSURED SHORTHOLD TENANCY SIGNED BY THE LANDLORD(S) (Or the Landlord's Agent) In the presence of: Dawn Warren Name: Address: Tony Kinnear Nightingale Residences, St Peter s Road, Margate, Kent. CT9 4AN Occupation: NHS Travel Planning Manager Witness signature: Date: DAY/MONTH/YEAR SIGNED BY THE TENANT(S) Name: Signature: In the presence of:- Name Address Nicola Pope Nightingale Residences, St Peter s Road, Margate, Kent. CT9 4AN Occupation: Accommodation Officer Witness signature: S/Drive-Accom-H&SP-Mar-2011 Page 6 of 6 F2900/01/0899