HEAD TENANCY AGREEMENT THIS TENANCY AGREEMENT IS MADE BETWEEN: (1) ("the Landlord") and (2) The University of London ("the Tenant") in respect of ("the Property") together with the fixtures, furniture and effects in the Property as set out in the attached inventory signed by the Landlord and the Tenant For the period from to ( the Term ) At a rent of. per calendar month ( the Rent ) Payable in advance by equal monthly payments on the. day of each month The first payment is to be made on the day of next. This tenancy begins on Notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address in England or Wales (notice under section 48 of the Landlord and Tenant Act 1987): ADDRESS: 1. GENERAL CLAUSES 1.1. In this agreement, references to his or he should be read as his/her or he/she. 1.2. The Landlord lets and the Tenant takes the Property for the Term at the Rent payable above. 1.3. The Housing Act 1988 does not apply to this Tenancy and no statutory periodic tenancy will arise at the end of the Term. 2. PERMITTED SUB-TENANCIES 2.1. The Landlord gives the Tenant permission to sub-let part or the whole of the Property to students enrolled at the University of London. 3. OWNERSHIP AND PERMISSIONS TO LET Page 1 of 9
3.1. The Landlord warrants that he/she is legally entitled to grant this tenancy and that he/she has obtained the appropriate consent from any superior landlord or mortgage lender or other interested party. The Landlord also confirms that the Property is not subject to any restrictive covenant or other provision which has not been disclosed to the Tenant and which would restrict or lessen the Tenant s enjoyment of the Property. 3.2. The Landlord agrees to pay all rents or other sums due to any superior landlord or mortgage lender or other interested party for the duration of the Term. 4. THE LANDLORD S OBLIGATIONS The Landlord agrees: Possession 4.1. To give the Tenant possession of the Property in good repair and in a habitable condition at the start of the Tenancy, ensuring that all repair issues and provision of furniture, fixtures and fittings, contained in Schedule 1 of this document, have been addressed prior to the beginning of the tenancy term, failing which the Tenant may: 4.1.1. withhold a fair and reasonable proportion of the rent until such time that the Property is put into good repair and a habitable condition; 4.1.2. specify a date by which any necessary works are to be carried out by the Landlord; 4.1.3. if such works are not carried out, terminate the agreement with immediate effect. Quiet enjoyment 4.2. Not to interrupt or interfere with the Tenant or its sub-tenants' right to quiet possession and enjoyment of the Property. Racial and other harassment 4.3. Not to commit or allow any members of his/ her household, contractors or agents to commit any form of harassment on the grounds of race, colour, age, religion, sex, sexual orientation, gender assignment or disability which may cause offence to the Tenant, its sub-tenants, members of their household or visitors. Repair of structure and exterior 4.4. To keep in good repair the structure and exterior of the Property including: 4.4.1. drains, gutters and external pipes 4.4.2. outside walls, outside doors, windows, including necessary external painting and decorating 4.4.3. internal walls, floors and ceilings, doors and door frames, door catches, hinges and skirting boards 4.4.4. entrance door catches and locks 4.4.5. window locks 4.4.6. pathways, steps or other means of access 4.4.7. plasterwork 4.4.8. integral garages and stores 4.4.9. boundary walls and fences And at the start of the tenancy, the Landlord will state clearly to the Tenant the arrangements for the reporting of defects (providing relevant telephone numbers) and for the carrying out of repairs. Repair of common parts 4.5. To take reasonable care to keep the common entrances, halls, stairways, lifts, passageways and any other common parts including their electric lighting, in reasonable repair and fit for use by the Tenant, sub-tenants and other occupiers and visitors to the Property. Page 2 of 9
Repair of installations 4.6. To keep in good repair and proper working order any installations provided by the Landlord for space heating, water heating and sanitation and for the supply of water, gas and electricity, including: 4.6.1. basins, sinks, baths, showers, toilets, flushing systems and waste pipes 4.6.2. electric wiring including sockets and switches, gas pipes and water pipes 4.6.3. water heaters, fireplaces, fitted fires and central heating installations Repair of appliances 4.7. To keep in good repair and proper working order any mechanical or electrical appliances listed in the Inventory (for example, this may be the washing machine, TV, vacuum cleaner, etc.) and to maintain any burglar alarm. Garden 4.8. Where there is a garden, the Landlord is responsible for maintaining it throughout the term of the tenancy Infestations and mould 4.9. To keep the Property free of infestations and mould at all times, provided that the Landlord shall not be responsible for problems of this nature resulting from failings of the Tenant or its sub-tenants. Gas Safety 4.10. To comply with the Gas Safety (Installation and Use) Regulations 1998 by ensuring that all gas appliances flues and installation pipe-work in the Property are checked by a Gas Safe-registered installer on an annual basis and that a record is kept stating the defects found (if any) and the remedial action taken and that the Tenant receives a copy of the Gas Safety Certificate before the Tenant takes possession or the sub-tenants take up occupation 4.11. Where the property has its own gas central heating boiler, to provide the Tenant a copy of a valid maintenance service agreement, with a Gas Safe-registered installer, and to ensure that such an agreement is in place for the duration of the tenancy term. The agreement must cover any gas installation and all gas appliances provided by the Landlord. 4.12. If the above clause is not complied with, the Tenant will be entitled to withhold rent under this agreement and/or arrange for its own gas safety check to be carried out. If the gas installations are found to be seriously defective or dangerous, the Tenant shall be entitled to terminate the agreement with immediate effect. Electrical Safety 4.13. To produce to the Tenant a current inspection report of the electrical installations in the Property carried out by an NICEIC-registered electrician ensuring that all remedial works are carried out and certified by an NICEIC-registered electrician before the Tenant takes possession or any sub-tenants take up occupation. 4.14. If the above clause is not complied with, the Tenant will be entitled to withhold rent under this agreement and/or arrange for its own electrical safety check to be carried out. If the electrical installations are found to be seriously defective or dangerous, the Tenant shall be entitled to terminate the agreement with immediate effect. Energy Performance 4.15. To produce to the Tenant a current energy performance certificate prior to the start of the tenancy term. Furniture and furnishings 4.16. To ensure that all furniture and furnishings provided comply with the Furniture and Furnishings (Fire)(Safety) Regulations, 1988 (as amended). Page 3 of 9
Insurance 4.17. To insure the Property against loss or damage by fire, lightning, storm, flood, impact, riot, malicious damage, damage from burst pipes, theft and third party risks and such other risks as are normally covered by a Householder s Comprehensive Policy, and to supply a copy of the current policy to the Tenant upon request., 4.18. To inform any insurer of the Tenant s interest in the Property and the fact that the Property is let to the Tenant under the Tenant s head leasing scheme, for sub-letting to students and others. 4.19. To claim against such insurance and to apply all insurance monies within a reasonable period to the repair and reinstatement of the Property after the occurrence of loss and damage arising from an Insured Risks and to make up any shortfall in such insurance monies Unusable rooms 4.20. If the Property or any part of it becomes unusable by reason of any fire, flood or other disaster, or by breach of the Landlord s obligations under the Tenancy, whether from within or outside the Property, the rent will be reduced by the same proportion as the area of the affected room(s) bears to the whole of the Property let to the Tenant, but any such reduction in rent shall not affect any other right to compensation that the Tenant may have. 4.21. If the Property becomes unfit for habitation, by reason of any fire, flood or other disaster, or by breach of the Landlord s obligations under the Tenancy, whether from within or outside the Property, the Tenant s liability for rent shall cease and shall not recommence until all necessary remedial works are completed to the Tenant s satisfaction. The Tenant may specify a reasonable time scale for the carrying out of such works which, if not met, will entitle the Tenant to terminate the agreement with immediate effect. Provision of a telephone line 4.22. To ensure that a telephone line is connected physically to the Property, although the Tenant shall be responsible for reconnecting the telephone service and for paying for use during the Term. Provision of tools 4.23. To provide the Tenant with a vacuum cleaner, garden tools (if there is a garden) and other devices to enable the Tenant and/or sub-tenants to fulfil the obligations in relation to cleaning and gardening below. House in Multiple Occupation (HMO) Licensing 4.24. Where applicable, to apply for and obtain a relevant HMO licence from the local authority and to provide the Tenant with a copy, it being agreed that if the Property is not licensed when it should be, the Tenant will be entitled to withhold rent under this agreement and/or terminate the agreement with immediate effect. Landlord resident outside the UK 4.25. Where the Landlord s residence is outside the UK, to notify the Tenant of such fact and of the Landlord s address abroad, and to authorise the deduction of tax from the Rent, to be paid by the Tenant to HM Revenue and Customs in accordance with the Non-resident Landlord Scheme in force for the time being, and to indemnify the Tenant against any claims in respect of tax that may be made against the Tenant by reason on non-compliance with this clause or otherwise. Time scales 4.26. Unless otherwise specified, to carry out all works of repair or maintenance, inspections and reports, and to make all claims or arrangements, within a reasonable period to be specified by the Tenant, failing which the Tenant shall be entitled to terminate this agreement. 4.27. If the Landlord fails to take any step required to be taken under this agreement, to permit the Tenant to do so and to deduct any costs and expenses relating to such steps from the Rent. Page 4 of 9
5. THE TENANT S OBLIGATIONS The Tenant agrees: Possession 5.1. To take possession of the Property at the start of the Tenancy. Rent 5.2. To pay the Rent in advance on the day of the month specified on Page 1 of this agreement. Sub- tenancy 5.3. To ensure that any sub-tenancy contains similar obligations to the obligations contained in this Tenancy Agreement and to take all reasonable steps to ensure that its sub-tenants comply with the sub-tenancy. Council tax 5.4. To pay any council tax that falls due at any stage of the Tenancy after appropriate exemptions have been claimed, insofar as any council tax is not paid by the sub-tenants except where the Property is empty or in the case of an HMO, in which case the Landlord shall be responsible for payment of any council tax that may be due after appropriate exemptions have been claimed. Gas and electricity 5.5. To pay for all gas and electricity consumed on or supplied to the Property during the Tenancy and all telephone charges incurred during the Tenancy, including all standing charges and VAT, or a proper proportion of the charges, assessed according to the Term of the Tenancy. Water rates and other charges 5.6. To pay for all water consumed on the Property, the water rates and all charges attributable to the Property. Use of property 5.7. To use and to ensure that its sub-tenants use the Property for residential purposes only and do not operate a business at the Property. Contents insurance 5.8. The Tenant will encourage its sub-tenants to arrange their own insurance for any belongings of the Tenant or the sub-tenants, but the Tenant shall be under no obligation to insure such belongings. Nuisance 5.9. Not to cause or allow its sub-tenants or any of their visitors to cause a nuisance or annoyance to the Landlord, neighbours or other tenants of the Landlord. Racial and other harassment 5.10. Not to commit or allow its sub-tenants or members of the sub-tenant s household or other visitors to commit any form of harassment on the grounds of race, colour, religion, age, sex, sexual orientation gender assignment or disability which may cause offence to any other tenant/s, members of his/her household, visitors or neighbours, or the Landlord, members of his/her household, his/her agent or contractors. Noise 5.11. Not to play or allow to be played any audio electrical equipment or musical instrument so loudly that it causes a nuisance or annoyance to neighbours at any time. Improvements and alterations 5.12. Not to make improvements, alterations or additions to the Property including the erection of a television aerial, external decoration and additions to or alterations to, the Landlord s installations, fixtures and fittings. Page 5 of 9
5.13. Not to bring into the property paraffin heaters or portable Calor gas heaters. Damage 5.14. Not to damage the exterior, structure or any part of the Property. Buildings insurance 5.15. Not to do anything that will adversely affect the Landlord s insurance of the Property. Pets 5.16. Not to keep any animals, fish, reptiles or birds in the Property. Interior 5.17. To keep the interior of the Property in good and clean condition, subject to the Landlord providing and maintaining a vacuum cleaner, and other appropriate implements for this purpose. Fixture and fittings 5.18. Not to damage the Landlord s fixtures, effects and furniture nor remove them from the Property. Minor maintenance 5.19. The Tenant will ensure that small tasks of maintenance within the Property, for example to replace and change light bulbs, clean the insides of all windows and the outside of ground-floor windows, to clean, maintain and keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns, outside gullies from the Tenant s and/or sub-tenants waste, leaves, etc, are carried out by the sub-tenants. Common parts 5.20. To make good any damage to the Property or the Landlord s fixtures and fittings or to the common parts caused by the Tenant, any sub-tenant or any visitor of the Tenant or sub-tenants to the Property, fair wear and tear excepted, and to pay any costs incurred by the Landlord carrying out such works in default. Reporting disrepair 5.21. To report to the Landlord any disrepair, defect or failure in respect of the Property, the fixtures and fittings or mechanical or electrical appliances, of which the Tenant is aware. Access 5.22. To allow the Landlord, his/her agents or contractors access at all reasonable hours of the daytime to inspect the condition of the Property or to carry out repairs or other works to the Property or to carry out maintenance of the appliances. (The Landlord will normally give at least 24 hours notice but the Tenant will give immediate access in an emergency). 5.23. To allow the Landlord, within the last 28 days of the tenancy, access to enter and view the property with prospective tenants at all reasonable hours. (The Landlord will normally give 24 hours notice). Assignment 5.24. Not to assign the tenancy without the prior written consent of the Landlord, which consent shall not be withheld unreasonably. Ending the tenancy 5.25. This tenancy will expire at the end of the Term and no statutory periodic tenancy will arise. Other clauses specify the circumstances in which the Tenant may bring this tenancy to an end before the end of the Term. Moving out 5.26. To give the Landlord vacant possession and return the keys of the Property at the end of the Tenancy and to remove all furniture owned by the Tenant or its sub-tenants, personal possessions and rubbish, and to leave Page 6 of 9
the Property and the Landlord s fixtures and fittings in the same condition, repair and places as at the start of the Tenancy, fair wear and tear excepted. 6. FORFEITURE 6.1. If 21 days rent is owing, whether demanded or not, or the Tenant has breached any of the terms of this agreement, then the Landlord shall be entitled to end the Tenancy by serving the appropriate notice and obtaining a court order. If the Landlord exercises this right of forfeiture, it shall be without prejudice to the other rights and remedies of the Landlord. 7. NOTICES 7.1. The Landlord may serve all notices upon the Tenant by recorded delivery post or by hand delivery to the University of London Housing Services, [insert address]. 7.2. The Tenant may serve all notices upon the Landlord by recorded delivery post or by hand delivery to the address given by the Landlord above. 8. STATUTORY PROVISIONS 8.1. The provisions of Section 11 of the Landlord and Tenant Act 1985 (the Landlord s duty to carry out repairs) shall apply to this Tenancy. 9. INVENTORY Inventory 9.1. At the start of the tenancy, the Tenant will draw up an inventory. Room by room, all furniture, fittings and effects will be listed and comments made where appropriate about their condition. The Landlord will verify the inventory. The Landlord and the Tenant will then sign the inventory and copies will be kept by each. Where circumstances change, the inventory may need to be altered. Both the Landlord and the Tenant should sign any alterations and copies will be kept by each. Inventory check and return of deposit 9.2. At the end of the tenancy, the Landlord and Tenant will check the inventory room by room. Each party will be entitled to mark comments on the inventory. If the Landlord is not satisfied as to the condition of the room or anything in it, the Landlord may propose a charge to the Tenant, in order to put the matter right. The Landlord must provide a written breakdown of any charge proposed. If the Tenant does not agree to the sum claimed, the Landlord shall obtain a written quote for the cost of putting the matter right and provide a copy to the Tenant. At the request of the Tenant, the Landlord shall provide evidence that the Landlord has in fact incurred any expenditure claimed from the Tenant. 9.3. If the Landlord, or his/her representative, having received reasonable notice of the appointment to check the inventory fails to attend the appointment, the Landlord will accept the Tenant s report as being accurate and final. SIGNED BY The LANDLORD (or, if a limited company) Signed on and behalf of: ) (name of company) ) ) Date of signing: ) ) Signature of witness: ) Name/address of witness (below): Page 7 of 9
The TENANT ) Signed on and behalf of the University of London ) Name of signatory: ) Date of signing: ) ) Signature of witness: ) Name/address of witness Page 8 of 9
Schedule of repair issues and provision of furniture, fixtures and fittings No. Room/part of property Issue Comment Page 9 of 9