PLU6 10/04 UNIVERSITY OF WARWICK WARWICK ACCOMMODATION HEAD TENANCY AGREEMENT AN AGREEMENT dated BETWEEN:- (1) [ ] of [ ] and their successors in title ( the Landlord ) (2) THE UNIVERSITY OF WARWICK whose administrative offices are at University House, Kirby Corner Road, Coventry, CV4 8UW ( the University ) each a Party and together the Parties (A) (B) (C) The Landlord agrees to let and the University agrees to lease the furnished dwelling described below. Subject to the terms of this Agreement, the Landlord agrees to let and the University agrees to lease the furnished property situated at [ ] with title number [ ] including all parts of the dwelling and all grounds and outbuildings normally used with the dwelling unless specifically listed as excluded in Schedule 1 ( the Property ). The Property also includes all rights and amenities reasonably necessary for the occupation of the Property. The Landlord permits the University to sublet the Property as set out in clause 4.1 to subtenants ( subtenants ) on substantially the same terms as those set out in Schedule 2. (D) The permitted occupancy of the Property is for [ ] persons (excluding any guest permitted by the subletting agreement). 1. Period 1.1 The letting period will be from and including [ ] to and including [ ] ("the Letting Period"). 1.2 Provided the University performs its obligations under this Agreement, the Landlord shall allow the University and the University s sub-tenants to hold and enjoy the Property throughout the Letting Period without any interruption by the Landlord or anyone acting with the Landlord s authority. 2. Rent 2.1 Yearly and proportionately for any fraction of a year the rent for the Property shall be [ ] per calendar month, payable by the University to the Landlord monthly in advance on the first day of each month. 2.2 It is a pre-condition of the University's liability to pay rent that the Landlord has put the Property and contents in the state and condition required by the University at the start of the Letting Period (and, where the Letting Period is longer than 12 months carried out any notified works by the specified date) in accordance with clause 3. If the Property and its contents are not in the required state and condition then the rent shall be reduced proportionately (or not payable at all depending on the state and condition of the Property, in the University s opinion) until such time as the Property and contents are put into the required state and condition. 3. Condition and inventory 3.1 Before the Letting Period the University will provide the Landlord with a schedule of condition and inventory of the Property and its contents and give the Landlord details of all works which the Landlord is required to do in order to ensure that the Property and its contents are in the state and condition required by the University as is set out in the Agreement for Lease entered into between the Landlord and the University, dated on or around the date hereof ( Agreement for Lease ). 3.2 The Landlord shall ensure that the Property and its contents are clean and in good repair at the start of the Letting Period, and in the state and condition required by the University as set out in the Agreement for Lease and the requirements under clause 3.1 of this Agreement, by the deadline stipulated in the schedule of condition and inventory. If the Property and/or its contents are not in the Property - 705640-3 1
required state and condition by the stipulated deadline then the University may either at its absolute discretion: 3.2.1 give written notice to the Landlord terminating this Agreement within 7 days of the date of the notice; or 3.2.2 continue to observe this Agreement but without liability to pay rent for any period of time during which the Property and its contents are not in the required state and condition. 3.3 If the University continues to observe this Agreement as permitted by clause 3.2.2 and the Property and/or its contents is not in the state and condition as required by the University, the University:- 3.3.1 may give written notice to the Landlord terminating this Agreement with immediate effect and shall be entitled to claim as a debt from the Landlord fifty (50) pounds (plus any applicable VAT) for the second and every subsequent inspection visit made after the deadline stipulated in the schedule of condition and inventory; 3.3.2 may put the Property and/or its contents in the required state and condition (and the Landlord hereby gives the University permission to carry out such works at the Property); 3.3.3 compensate its sub-tenants because the Property and/or its contents were not in the required state and condition; and 3.3.4 deduct all costs incurred by the University in terms of this clause 3.3 (including additional inspection visit charges) from the rent payable to the Landlord or charge such costs to the Landlord, the costs to be paid to the University within two (2) weeks of the date of the notification to the Landlord. 3.4 If any bedroom (or its contents) at the Property is not in the required state and condition at any time during this Agreement, but the common parts and the remainder of the Property (and their contents) are in the required state and condition, the University may accept the tenancy but withhold a proportion of the rent (according to number of bedrooms at the Property) until the bedroom is in the required state and condition and the University has an occupier for it. In such cases, the University shall: 3.4.1 only be liable to pay rent for the period during which the bedroom is occupied by a sub-tenant; and 3.4.2 be entitled to deduct from any rent which is payable an amount equivalent to any compensation paid to a potential sub-tenant who was not able to take occupation because of the bedroom s (or its contents ) condition. 3.5 Where the Letting Period is more than twelve (12) months the University will inspect the Property and contents annually, at the end of each sub-tenancy, and notify the Landlord (in an end of sub-tenancy report) of any works required. The Landlord shall ensure that the Property and its contents are in the required state and condition by the date the University specifies in the report. If the Property or its contents are not in the required state and condition by the specified date, the University may terminate this Agreement or reduce the rent in the same way as it is entitled to do if the Property or its contents are not in the required state and condition at the start of the Letting Period, as set out in clause 3.4 of this Agreement. 3.6 In any sub-tenancy agreement the University shall insert a provision which obliges the sub-tenants to keep and leave the Property in a condition which is no worse than it was in at the beginning of the sub-tenancy. Fair wear and tear and damage caused by insured risks and latent and inherent defects will be excluded from this obligation. 3.7 The Parties agree that any works of improvement, refurbishment or alteration (as opposed to repair) shall not be carried out whilst the Property is occupied by the University s sub-tenants without first obtaining the University s written consent (which the University, at its discretion, shall be entitled to withhold, or make subject to conditions). Property - 705640-3 2
4. Permitted Sub-Tenancies 4.1 The University shall be entitled to sub-let the Property to : 4.1.1 students, who in accordance with Schedule 1 paragraph 8 of the Housing Act 1988 will be tenants at common law rather than assured shorthold tenants; 4.1.2 non-students associated with the University, who shall be assured shorthold tenants. 4.2 The University will sub-let on the applicable standard terms and conditions for head-leased houses, as set out in Schedule 2 together with any special conditions applicable to the Property. 5. Use of Property The University is entitled to use the Property only as a private dwelling house to be occupied by the permitted number of persons stated in the recitals, together with any guests permitted by the subletting agreement. 6. Outgoings 6.1 Other than metered water usage by the sub-tenants the Landlord will pay all charges for water supply, whether metered or not and all other outgoings on the Property other than those which the University has agreed to pay and those outgoings which are paid by the sub-tenants. 6.2 Any sub-tenancy agreement will include a provision requiring the sub-tenant to pay Council Tax where applicable during the period of the sub-tenancy agreement but if any Council Tax is chargeable against the Property while the Property is unoccupied, the Landlord will be liable to pay it and in default the University may either pay it and offset the amount paid against the rent or be reimbursed for the sum by the Landlord, with 2 weeks of demand, if there is no rent against which to offset the said sum. 6.3 Any sub-tenancy agreement shall include a provision requiring the sub-tenant to pay all charges for gas and electricity as recorded by meters at the Property and (where applicable) all charges for telephone calls and rentals during the period of the sub-tenancy agreement. 7. Insurance 7.1 The Landlord shall insure the structure, fabric, fixtures, fittings, furnishings and furniture at the Property and will keep them insured against loss or damage by fire, explosion, lightning, earthquake, storm, flood, bursting and overflowing of water tanks, apparatus or pipes, impact by aircraft and articles dropped from them, impact by vehicles, riot, civil commotion, damage by malicious persons and accidental damage ( the Insured Risks ) and such other risks as are conventionally included in a fully comprehensive policy to their full replacement value. 7.2 Once during each academic year the University may require the Landlord at its own cost to produce to it a copy of the insurance policy document and evidence of the policy being current and in force. The Landlord shall, if the University requires it, request the insurer to note the University s interest on the policy and notify the insurer that the Property is in the University s head-leasing scheme. 7.3 The Landlord will arrange for any damage caused by an Insured Risk to be remedied as soon as practicable and will make good out of his own money any shortfall in the insurance proceeds. 7.4 Where permitted by the insurance policy the Landlord will procure that the insurer claims no right to recoup insurance monies from the University or its sub-tenants (i.e. will obtain a waiver of the insurer s subrogation rights). 7.5 If the Property or any part of it shall become unfit for occupation or use as a result of damage by (i) an Insured Risk (whether or not the Landlord has actually insured against it) or (ii) an uninsured risk (being a risk against which no insurance has been taken out), then the University's liability to pay the rent (or a reasonable proportion of it depending on the nature and extent of the damage) under this Agreement shall cease and shall not resume until the University is satisfied that Property is again fit for immediate use and occupation. This clause shall not apply to the extent that and for so long as Property - 705640-3 3
the sub-tenants are responsible for the Property becoming unfit for use and occupation. If the Property or any part of it is not reinstated within two (2) months of the date of damage or destruction, the University may terminate this Lease, but without prejudice to any rights the University may have against the Landlord for any prior breach. 7.6 The University s liability for damage caused by an Insured Risk is limited to whichever is the lower of: 7.6.1 The excess payable on the Landlord s policy; or 7.6.2 One hundred (100) pounds. 8. Electrical Safety 8.1 Before the commencement of the Letting Period the Landlord shall produce to the University a periodic inspection report of the electrical installation carried out by a NICEIC or ECA registered electrician in accordance with BS7671. 8.2 Where the periodic inspection report is more than 3 years old at the start of the Letting Period or will be more than 5 years old at the end of the Letting Period, the University may order a new periodic inspection report and deduct the cost of it from the rent, or require the Landlord to have an up-to-date periodic inspection report carried out. 8.3 If a periodic inspection report reveals any Code 1 or Code 2 items, the Landlord shall complete all remedial work before the commencement of the Letting Period (or within two (2) weeks where a renewal report issued during the Letting Period), and have this work certified by a NICEIC or ECA registered electrician as being safe, satisfactory and compliant with all relevant legislation and good industry practice. If the periodic inspection report reveals any items below Category 2, the Landlord shall complete the remedial work out within seven (7) days where requested by the University. 8.4 The Landlord shall ensure that all electrical equipment, appliances, apparatus or devices at the Property are safe and as required by all legislation and in particular the Electrical Equipment (Safety) Regulations 2016. 8.5 The Landlord represents and warrants to the University that all electric plugs, sockets, adaptors and appliances provided by the Landlord comply with the Plugs and Sockets (Safety) Regulations 1994 (where applicable) and are correctly fitted. 8.6 Whenever the Landlord or the University carries out an inspection or assessment of the electrical installation or electrical equipment at the Property immediately prior to or during the Letting Period then the Party instructing the inspection or assessment will ensure that, following the work, the relevant certification and associated paperwork is promptly copied to the other party for their records. 9. Gas Safety 9.1 The Landlord shall ensure that an annual safety check is carried out at the Property by a GAS SAFE registered engineer at least once every twelve (12) months. The Landlord must provide a copy of that annual safety check to the University within fourteen (14) days of receipt of the annual safety check. 9.2 The Landlord agrees that the University may arrange on their behalf for annual gas safety checks to be carried out and a gas safety certificate to be issued in accordance with Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998. The Landlord agrees that the University may, at its absolute discretion, arrange for a maintenance service agreement with a GAS SAFE registered body nominated by the University. The University agrees to provide the Landlord on request with a copy of the terms and conditions of any such service agreement and safety certificate. The Landlord agrees that the University shall be entitled to deduct from the rent the costs of the service agreement, the gas safety check and certificate and any works required to the gas installation or gas equipment. 9.3 The Landlord represents and warrants to the University that every cooking appliance at the Property fuelled by gas conforms with all legislation and in particular the requirements of the Gas Appliances (Safety) Regulations 1995 where applicable. Property - 705640-3 4
9.4 The University is not liable to the Landlord to pay rent or perform any other obligation under this Agreement unless the Landlord performs and continues to perform fully its obligations to keep the gas installation and appliances in good repair and proper working order throughout the Letting Period. If any gas installation or equipment is reported by a competent person as being seriously defective or dangerous, the University shall be entitled to terminate this Agreement with immediate effect by giving written notice to the Landlord. 9.5 Whenever the Landlord or the University carries out an inspection or assessment of the gas installation or electrical equipment at the Property immediately prior to or during the Letting Period then the party instructing the inspection or assessment will ensure that, following the work, the relevant certification and associated paperwork is copied to the other party for their records within ten (10) days of the inspection taking place. 10. Water Safety 10.1 Before the commencement of the Letting Period, the Landlord shall provide on request to the University a copy of the property Legionella Risk Assessment in accordance with the provisions set out in ACOP L8 Legionnaires disease The control of legionella bacteria in water systems and guidance HSG 274 part 2 Legionnaires disease: The control of legionella bacteria in hot and cold water systems. 11. Fire Safety 11.1 Before the commencement of the Letting Period the Landlord shall ensure that all fire equipment, fixtures and fitting serving the property meets the licencing and Housing of Multiple Occupation and Warwick Accommodation standards. 12. Asbestos Safety 12.1 The Landlord shall provide a copy of its Asbestos Management Survey Report to the University before the commencement of the Letting Period. The University at its absolute discretion may terminate this Agreement if it is not satisfied with the Asbestos Management Survey Report. 13. HMO Licensing 13.1 This clause 13 applies where the Property is to be let to five (5) or more people from more than one household living in the property or is subject to special or additional licensing, or requires planning permission in order to be lawfully used as an HMO. 13.2 If the Property already has a valid HMO licence, the Landlord shall produce it to the University before the start of the Letting Period and shall maintain it and comply with all conditions attached to the licence at all times during the Letting Period. Where the University requires it, the Landlord will allow the University to be named as joint licence-holder. 13.3 If the Property does not have a valid HMO licence, the University shall arrange for the Property to be licensed. The Landlord will be named as sole licence-holder: 13.3.1 the licence fee shall be payable by the Landlord; and 13.3.2 the Landlord shall be responsible for complying with all the conditions in the licence; and in default the University shall be entitled to pay the licence fee or carry out any works required to obtain or comply with the licence and offset the sums so expended against the University s liability to pay rent. 14. Energy Performance Certificate 14.1 The Landlord will produce to the University a valid Energy Performance Certificate for the Property. If the Landlord has not done so within seven (7) days before the start of the Letting Period, the University may arrange for an Energy Performance Certificate to be issued for the Property and offset the cost from the rent. Property - 705640-3 5
15. Safety of Furnishings 15.1 The Landlord represents and warrants to the University that all furniture and furnishings supplied with the Property comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1988 (as amended). 16. Decoration 16.1 In all sub-tenancy agreements the University will insert a provision, which forbids redecoration or structural alterations to the Property except with the prior written consent of the Landlord. 17. Repairs 17.1 The Landlord shall keep the Property in good tenantable repair and condition and in good decorative order. For the avoidance of doubt and without prejudice to the generality of the definition contained within Recital B, the Property includes (without limitation) the structure and exterior, the drains, sanitary and water appliances, electrical, gas and heating apparatus and all furniture, fixtures, fittings and contents and repair includes replacement where necessary or desirable. 17.2 The Landlord shall remedy any defect or carry out any repair within a timescale specified by the University. If the Landlord fails to comply with the timescale, or if the Landlord asks the University to arrange the repair, then the University is entitled to carry out the required works and deduct the cost of the works and an appropriate administrative charge from any subsequent rental payment, without further notice to the Landlord or be reimbursed for that sum by the Landlord within two weeks of demand if there is no rent to offset the sum against or if the University chooses to do so at its discretion in terms of the level of costs incurred. 17.3 In cases of emergency, the University will take reasonable steps to notify the Landlord before undertaking any repair work but, if the University is unable to contact the Landlord within a reasonable time (having regard to all the circumstances) or if the Landlord fails to take all necessary steps within the necessary timeframe to undertake any repair work, then the University may carry out repair, maintenance or preventive works without further reference to the Landlord and deduct the cost of the works (and an appropriate administrative charge) from any subsequent rental payment or be reimbursed for that sum by the Landlord within two weeks of demand if there is no rent to offset the sum against or if the University chooses to do so at its discretion in terms of the level of costs incurred. 17.4 Where any loss, breakage or damage to the Property which occurs during any sub-tenancy is the fault of the sub-tenants, and is not fair wear and tear, damage by an insured risk or damage caused by any latent or inherent defect, the University agrees (at its own option) either to make good or to pay to the Landlord the reasonable cost of making good any such loss, breakage or damage. 17.5 Private dwellings let on joint tenancies are exempt from the smoking ban set out in Chapter 1 of Part 1 of the Health Act 2006 and the University cannot guarantee to the Landlord that the sub-tenants or their guests will not smoke in the Property. If the sub-tenants cause cosmetic damage from smoking, e.g. staining to the decoration or burn marks, the University shall charge them for it and pay the sums recovered to the Landlord but the act of smoking in itself, without causing damage, shall not be a breach of the terms of this Lease. 17.6 Where a Party carries out or instructs to be carried out repair or maintenance work at the Property immediately prior to or during the Letting Period then the Party carrying out or instructing the work will ensure that, following the work, the relevant certification (if any) and associated paperwork is copied to the other Party within 5 working days of receipt. 18. Health and Safety Compliance 18.1 Each Party confirms its commitment to ensuring the health and safety of inter alia its staff, students, contractors and other representatives whilst at the Property. Property - 705640-3 6
18.2 The Party carrying out repairs or works (whether themselves or through a third party) shall be solely responsible for ensuring that such repairs or works are carried out in compliance with all industry standards, guidance and applicable health and safety law and regulations in force. 18.3 It shall be the sole responsibility of the Party carrying out or instructing any third party to carry out repairs or works at the Property, inter alia, to undertake appropriate risk assessments, ensure that any worker is suitably qualified and certified, if necessary attend the Property at the time the repairs or works are carried out to ensure that they are being carried out safely, and after the same are completed to check that the Property is left in a safe condition. 18.4 Throughout the Letting Period each Party agrees that appropriate risk assessments and method statements shall be completed before repairs or works are carried out at the Property in accordance with good industry practice and the relevant health and safety regulations and laws in force at the time of the repairs or works. 18.5 Each Party (the Indemnifying Party ) agrees to indemnify the other Party (the Indemnified Party ) from and against any claims, damages, fines or any other losses incurred by the Indemnified Party as a result of the Indemnifying Party being in breach of its obligations under clauses 8, 9, 10, 11, 12, 18.2, 18.3 and 18.4 above or by a result of that Party s negligence. 19. Cleaning 19.1 If the Property is not in the condition required by clause 3 at the start of each sub-tenancy, the University may terminate this Agreement and/or withhold rent until the Property is in the required condition. 19.2 At the end of each sub-tenancy the University is responsible for ensuring that the Property is in a reasonably clean state as required by the state sub-tenancy. Where this Agreement (or a renewal of it) is to continue into the next academic year, the Landlord will carry out an annual "deep clean as outlined in end of tenancy notes provided by the University to the Landlord during the summer between sub-tenancies. If the Landlord fails to carry out this obligation to a standard acceptable to the University, the University may clean the Property and recover the reasonable cost of doing so (including an appropriate administrative charge) from the Landlord, whether by deduction from rental payments or otherwise. 19.3 The obligation to carry out a deep clean applies whether or not cleaning is specifically referred to in the Agreement for Lease. 20. Gardens 20.1 The Landlord will maintain the garden (if any) to a reasonable standard so that no nuisance or inconvenience is caused to the sub-tenants or to the occupants of neighbouring properties. 21. Telephone connection 21.1 The Landlord shall procure the supply of a telephone line capable of receiving and transmitting data ( the Facility ) to the Property throughout the Letting Period and shall ensure (at its own expense) that: 21.1.1 the Facility is properly supported and maintained and that any user complaints are dealt with promptly, fairly and impartially; 21.1.2 the Landlord indemnifies the University against loss or damage arising from the adequacy or performance of the Facility. 21.2 It shall be the responsibility of sub-tenants at the start of their sub-tenancy to pay any reconnection charges if they wish to have a telephone line and the service has been discontinued at the request or default of a prior sub-tenant. 22. Access Property - 705640-3 7
22.1 Provided the Landlord complies with his obligations under clause 22.2 the University will allow the Landlord (including its sub-contractors) at all reasonable times during the Letting Period to enter the Property for the purpose of: 22.1.1 repairing or painting the outside of the Property or carrying out any structural or other necessary repairs to the Property, or otherwise complying with any of his obligations under this Lease but subject to the terms of clause 3.7 of this Lease in relation to works of improvement, refurbishment or alteration; 22.1.2 examining the state and condition of the Property and of its contents at reasonable intervals. 22.2 Where the Landlord accesses the Property under clause 22.1 they shall: 22.2.1 Give seven (7) days prior written notice to the University or to arrange access with the subtenants and give them at least forty eight (48) hours notice (but notice is not required in cases of emergency or in the case of a reported defect or reported want of repair). The Landlords are encouraged to give notice by email or in writing. 22.2.2 Wherever practicable, carry out routine works and inspections between the hours of 9.00 am and 5.00 pm on Mondays to Fridays inclusive. 22.2.3 Ensure that all workers and contractors are properly supervised whilst attending the Property; 22.2.4 Ensure that any person entering the Property will have due regard at all times for the comfort, privacy and convenience of the occupiers. 22.3 The Landlord will only carry out refurbishment, decoration, alterations or improvements to the Property (and only in the terms set out in clause 3.7, clause 18 and clause 22.2 of this Agreement) before or after (and not during) a sub-tenancy, unless the University has agreed in writing that such works may be carried out during a sub-tenancy. 22.4 The University permits the Landlord at all reasonable times during the Letting Period, to enter the Property for the purpose of showing the Property to prospective sub-tenants or purchasers PROVIDED THAT: 22.4.1 Neither the University nor the existing sub-tenants shall be required to show viewers, estate agents or letting agents round the Property; 22.4.2 The Landlord must carry photographic verification of identity when visiting the Property for the first time in any academic year. Where the Landlord has instructed agents, the Landlord must provide the University in advance with the name of the agent and the agent must carry photographic verification of identity when visiting the Property; 22.4.3 Not more than 3 viewings are arranged per week; 22.4.4 During the months of May, June and July, access for proposed sales or lettings will only be given with the University s prior written consent; 22.4.5 Where the University s prior consent is required, the University shall be entitled to withhold consent, make its consent subject to conditions, or withdraw its consent at any time. 22.5 If any excluded areas are listed in Schedule 1, the Landlord shall have access to those areas but the following conditions apply: 22.5.1 If the area is within the dwelling, the conditions in clause 22.2 apply; 22.5.2 If the area is outside the dwelling, the Landlord will ensure that any person entering the excluded area will have due regard at all times for the comfort, privacy and convenience of the occupiers. 22.6 The University shall not be liable for any refusal by occupier sub-tenant to give access where the University has done what it reasonably can to comply with its obligations in this clause 22. Property - 705640-3 8
23. Mortgaged and/or Leased Property 23.1 If the Landlord holds the Property on a lease or subject to a mortgage, the Landlord will pay the rents and other sums payable under that lease or mortgage and will observe all obligations imposed on him by that lease or mortgage except for those which are the University s obligations under this Agreement. 23.2 The Landlord warrants and represents to the University that the Landlord owns the freehold or a long lease of the Property and has obtained the consent of every mortgagee, superior landlord and other third party required to enable the Landlord to enter into this agreement.. 24. Landlords temporarily or permanently outside the UK 24.1 If the Landlord s usual place of abode is outside the UK, the Landlord will notify the University prior to the date of this Agreement or within five (5) days of such change of abode and will authorise the University to deduct and account for tax on any rent received. The Landlord hereby indemnifies the University against any liability to deduct and account for tax if the Landlord s usual place of abode is outside the UK and the Landlord has failed to notify the University of that fact. 24.2 If the Landlord s usual place of abode is outside the UK, the Landlord must appoint a managing agent in the UK. The managing agent may be a friend or relative of the Landlord, or a professional managing agent. The Landlord must promptly notify the University of any change in the managing agent s details during the Letting Period. The managing agent s address (as last notified to the University) shall be valid as the Landlord s address for all purposes in connection with this Agreement, including the service of legal proceedings and the managing agent must be authorised to act on the Landlord s behalf in relation to this Lease. 24.3 If the Landlord will be leaving the UK for more than five (5) days, the Landlord must appoint a managing agent and notify the University of the managing agent s name, address and telephone number, and the Landlord s expected date of return, before leaving the UK. The managing agent must be authorised to act on the Landlord s behalf in relation to this Agreement and shall comply with the Landlord s obligations under this Agreement until such time as the Landlord returns to the UK. 25. Ending the tenancy 25.1 In any sub-tenancy agreement the University will insert a provision requiring the sub-tenants to leave the Property on the termination of the sub-tenancy agreement and a provision for early termination of the sub-tenancy (subject to the sub-tenant s statutory rights) in the circumstances of default listed in the sub-tenancy agreement. 25.2 Where the University fails in any material way to comply with its obligations in this Agreement the Landlord may re-enter the Property in accordance with the following procedure: 25.2.1 the Landlord must serve such notices as may be required on the University and the subtenants of the Property; and 25.2.2 the Landlord must issue Court proceedings against the University and must serve notice of any such proceedings on the sub-tenants; and 25.2.3 the Landlord must obtain a Court Order for Possession enforceable only through the Court. 25.3 The Landlord hereby indemnifies the University against any claim or action brought against the University for unlawful eviction or harassment as a direct or indirect result of the Landlord s actions. 25.4 The rights of the Landlord set out in this clause 25 are without prejudice to the Landlord s right to recover rent or other monies which may be due up to the date of termination of this Lease. 25.5 If the University becomes aware that the Landlord has an unspent criminal conviction which, in the University s reasonable opinion would make the Landlord unsuitable to be a landlord of student accommodation the University may by serving notice on the Landlord either: Property - 705640-3 9
25.5.1 require an undertaking from the Landlord that the Landlord will not visit the Property unaccompanied by a member of the University s accommodation staff whilst the Property is occupied; and/or 25.5.2 terminate this agreement on the date stipulated in the notice. 25.5.3 The University may at any time terminate this Agreement if the University is not satisfied that the Landlord complies with its obligations set out within clauses 8 to 12 inclusive. 25.5.4 26. General warranties and Indemnity 26.1 The Landlord represents and warrants to the University that he: 26.1.1 has no unspent criminal conviction which would lead a reasonable person to conclude that the Landlord is not a fit and proper person to participate in the University s head-leasing scheme (or where there is such a conviction, the Landlord has disclosed it to the University and the University has accepted the disclosure); 26.1.2 is not aware of any statutory or public notices affecting the Property which would make the Property unsuitable as a residence for students (or where there are any such notices, the Landlord has disclosed them to the University and the University has accepted the disclosure); and 26.1.3 the Property and its contents comply with all current UK legislation, industry standard guidelines and University guidance. 26.2 The Landlord will fully and effectually indemnify the University against all claims and/or costs (including, without limitation, unsuccessful claims, professional fees and VAT) arising from: 26.2.1 the state or condition of the Property and/or its contents; 26.2.2 failure to comply with any of the Landlord s obligations in this Lease; 26.2.3 any misrepresentation made to the University; 26.2.4 any unlawful processing of sub-tenants personal data by the Landlord; 26.2.5 any breach of the Landlord s warranties in this agreement; and 26.3 the Property will be held by the University, an exempt charity. Property - 705640-3 10
SCHEDULE 1 Excluded and Common Areas Part 1 List here any parts of the Property that the sub-tenants will not have access to Part 2 List here any parts of the Property that the sub-tenants will have access to, but which the Landlord also wishes to use SIGNED by the Landlord In the presence of Signature of witness Address Occupation SIGNED by a duly authorised officer for and on behalf of the University In the presence of Signature of witness Address Occupation Property - 705640-3 11