You are on page 1of 14

LUSU LETS 44-WEEK LEASE

2010-2011

THIS TENANCY AGREEMENT IS MADE THE DAY OF 2010


BETWEEN:-

LUSU Services Company Limited, LUSU Housing, Slaidburn House, Lancaster University, Bailrigg,
Lancaster LA1 4YA [the Property Owner] and The Tenant(s):

NAMES OF TENANTS LUSU NUMBER

1. …………………………………………………………………………… ……………………

2. …………………………………………………………………………… ……………………

3. …………………………………………………………………………… ……………………

4. …………………………………………………………………………… ……………………

5. …………………………………………………………………………… ……………………

Property:

Period of the Lease: 17th September 2010 to 22nd July 2011

Commencement Date: 17th September 2010

Number of Tenants:
Rent: £
[inclusive of Utility Package] per week throughout the period payable by standing order in three
instalments, exclusive of Council Tax on or before each of the following dates:

11 OCTOBER 2010 17 JANUARY 2011 25 APRIL 2011

-1-
UNDERSTANDING YOUR LEASE

(a) In signing this Lease you confirm that you have read and fully understand the terms of the lease
with LUSU Services Company Limited (“LUSU”). This is a Legally Binding Contract and by
signing it you agree to abide FULLY by its Terms and conditions.

(b) You understand that room allocation is the Tenants responsibility. If you wish to alter the
distribution of rent between yourselves you will notify the housing office in writing. The weekly
rent is shared equally unless stated otherwise.

(c) You understand that failure to take up occupation of the property does not release you from the
lease, and you will remain liable for the contracted rent. Any re-negotiation of terms is at LUSU’s
absolute discretion. Any tenant not taking up residency of the house for any reason should
notify the Housing Office in writing as soon as possible.

(d) This agreement is for a 44 week fixed term. Should for any reason this agreement be terminated
by LUSU Services Company Limited (“the Landlord”) in relation to any breach of covenant(s) of
the agreement on the tenant’s part then, you will become immediately liable for a the full
contracted rent.

(e) It is understood that while no deposit is payable in respect of this lease LUSU reserve the right to
invoice in respect of damages, cleans and any other related costs incurred at the end of the
tenancy in addition to those monies collected as rent.

(f) All LUSU Let properties are non-smoking.

Please ensure you have read and understood this lease before signing it. If you have any
questions please ask a member of the LUSU housing team BEFORE signing this document.

2. UTILITY PACKAGE
The contracted rent includes water, a gas and electric allocation [which will vary depending on the
number of tenants in the property], a telephone package, broadband and personal contents insurance.
Where any of these services are not available due to no fault of the tenant(s) related monies will be
calculated and reimbursed at the end of the contract.

-2-
Under the standard formula households will be allocated £10 per tenant per week in respect of their
electric and gas consumption. Should the household spend over this allocation during the term of the
tenancy then LUSU retain the right to invoice the household for additional monies.

3. DEFINITIONS

(a) "The Fixtures and Fittings": the Property Owner's [the Property Owner’s fixtures and fittings as
set out in the inventory].

(b) The expression "the Tenant" includes any person or persons deriving title under the Tenant; and
where the expression "the Tenant" comprises more than one person the obligations on the part
of such persons shall be joint and several.

(c) The expression "the Property Owner" includes any person or persons deriving title under the
Property Owner and includes all persons entitled to the reversion immediately expectant on the
determination of this Lease. The address of the Property Owner shall be the Property Owner's
address for service in accordance with s48 of the Property Owner & Tenant Act 1987.

(d) "The Agreement": this tenancy agreement, including any variation or amendment of it and any
new agreement entered into between the Property Owner and the Tenant.

(e) "The Head Lease" means the Lease entered into or which will be entered into before the
Commencement Date between the Property Owner as tenant and the Head Lessor as Property
Owner.

(f) "The Head Lessor": means the person entitled to the reversion immediately expectant on the
determination of the Head Lease and in any provision under the terms of this Lease where the
consent of the Property Owner is required, there shall be deemed to be a provision requiring the
consent of the Head Lessor.

4. THE TENANCY
The Property Owner lets and the Tenant takes the Premises for the Term

5. TENANT'S OBLIGATIONS
The Tenant promises the Property Owner as set out in Schedule 1.

6. PROPERTY OWNER'S OBLIGATIONS


The Property Owner promises the Tenant as set out in Schedule II

-3-
7. AGREEMENTS AND DECLARATIONS
The Property Owner promises the Tenant as set out in Schedule II

8. EASEMENTS
The Property Owner reserves the right to use all drains, sewers, pipes, wires, cables and other service
media now in, or over, or under the Premises, and the right to enter onto the Premises to repair,
replace, renew the same or to create any easement or to install any new service media for the
benefit of the Building or any other neighbouring property.

9. GROUND 4 NOTICE
LUSU gives notice to the Tenant that for the Term the Premises were let on a tenancy falling within the
Housing Act 1988 Schedule 1 paragraph 8 and that possession may be recovered under Ground
4 in Schedule 2 of the Housing Act of 1988

10. GROUND 2 NOTICE


The Property Owner notifies the Tenant that possession of the Premises may be recovered under
ground 2 of Schedule 2 to the Housing Act 1988. This requires the Court to order possession
where:

i) the Premises are subject to a Mortgage or Charge granted before the beginning of the
tenancy; and
ii) the lender is entitled to exercise a power of sale; and
iii) the lender requires possession of the Premises in order to dispose of them with vacant
possession when exercising the power of sale.

11. RIGHT OF RE-ENTRY


LUSU may end this Lease by forfeiting it, which LUSU are entitled to do whenever:
i) any payment of the Rent is fourteen days overdue, even if it was not formally demanded;
ii) if the Tenant ceases to occupy the Premises;
iii) if the Tenant has not complied with any of the terms in this Agreement;
iv) if the Tenant or surety for the Tenant if an individual (and if more than one any of them) is
adjudicated bankrupt or an interim receiver of his property is appointed
v) any execution is levied on the Tenant's goods or on the Premises; or
vi) any of the Grounds 2 or 8 or 10 to 15 inclusive of the Second Schedule of
the Housing Act of 1988 applies.

-4-
12. Unless stated the Tenant warrants to that he or she or each of them are registered students or
staff of Lancaster University. Each Tenant is accordingly subject to the University Rules and
Regulations from time to time in force. If a Tenant is not a member of Lancaster University
this must be noted on the Lease when signed. Any Tenants who are not members of
Lancaster University must provide full contact details, including home address.

13. The parties certify that there is no prior agreement to which this Lease gives effect.

SCHEDULE I
The Tenant agrees with LUSU as follows:-

1. (a) To pay the rent (and sums recoverable as rent) according to the terms of this
Agreement; in the event of rent being more than 90 days overdue the full annual rent
will become payable
(b) In the event of any instalment of rent or any other money payable under this
Agreement remaining unpaid after it has become due, then the Tenant will be
liable to pay a charge of £10.00 per week or part of any week that the Rent
instalment remains unpaid;
(c) LUSU requires that all rents shall be paid by Standing Order from a bank account into
LUSU’s approved directly into a bank account. Where an alternative payment method
is preferred agreement must be reached with LUSU.
(d) Should for any reason this agreement be terminated during its term by the Tenant or
by LUSU acting as the Landlord (in relation to any breach of covenant(s) of the
agreement on the tenant's part) then, you will become immediately liable for a sum
equivalent to rent for the remainder of the tenancy, as well as any arrears.
(d) The Tenant agrees to any Housing Benefit being paid directly to LUSU.
(e) The Tenant will pay the Council Tax in respect of the Premises at the time and in the
manner demanded by the local authority. Where the property’s Student Council Tax
exemption is removed due to the Tenant(s) circumstances the under this agreement
they individual(s) are responsible for covering any Council Tax bills incurred. Where
Council Tax .bills are sent in the property owners name LUSU will invoice the
tenant(s) under the terms of this lease.

1.2 Other Charges


(a) A charge of £20 will be incurred where an out of hours call-out is not deemed to be an
emergency by LUSU. Under this definition emergency repairs are those required to

-5-
avoid danger to health, a risk to personal safety or serious damage to the building
e.g. major electrical faults, or a total loss of the water supply.
(b) A charge of £20 per tenant will be incurred where a property is deemed by LUSU to
require a re-inspection due to the condition of the property.

2. To use the Premises in a tenant-like manner and to take reasonable care of the Premises and
of the Fixtures and Fittings and to keep the Premises and the Fixtures and Fittings in a clean
and tidy condition and not to change the Premises in any way (including décor) without the
prior consent of the Property Owner in writing including electrical, plumbing or
telecommunication installation.

3. To make good (or if required by the Property Owner/LUSU, to pay for) all damage or loss to
the Premises (and the Fixtures and Fittings, save for fair wear and tear) howsoever caused
and to the Building caused by the act or omission of the Tenant or of any other person
residing with or visiting the Tenant;

4 To permit the Property Owner/LUSU and their agents and any other persons authorised to
enter onto the Premises (with or without workmen and with all necessary equipment) for any
reasonable purpose on giving reasonable notice (save in an emergency):-

5 Not to omit or to do anything:-


(i) which causes any policy of insurance on the Premises or the Fixtures and Fittings to
be or become void or voidable;
(ii) which causes the rate or premium on any policy of insurance to be increased.

The Tenant will pay to the Property Owner all sum paid by the Property Owner by way of
increased premium and all other expenses incurred by the Property Owner as a result of a
breach of this provision.

6 Not to assign or sublet the Premises or any part of them.

7. Smoking is not permitted at the Premises

8. Not to do anything which may cause a fire hazard including but not limited to:
• Tampering with fire doors or fire prevention and control equipment.

-6-
• Using candles unattended.
• Obstructing stairwells or fire escapes.
• Bringing any form of portable gas heater or canisters on to the Premises.

9. Not to use the Premises for any illegal or immoral purpose.

10. (a) Not to act or behave in a manner to cause nuisance or annoyance or damage to the Property
Owner, neighbours or fellow tenants. You agree to behave with respect to other Tenants, the
Property Owner/LUSU (and its agents and employees) and your neighbours.

(b) To keep noise at a level that does not cause loss of sleep, discomfort or causes a nuisance
to your neighbours or fellow tenants. This includes noise from T.V.’s, stereos, CD players,
musical instruments, etc.

11. To pay the television licence fee for the Premises.

12. Not to keep any animals, birds, reptiles or other livestock on the Premises without the prior
consent in writing of the Property Owner.

13. To use the Premises for the purposes of a single private residence only and the Premises shall
not be occupied by more than the stated number of persons. The Tenant is to use his/her best
endeavours to expel any persons occupying any part of the Premises without the written consent
licence and knowledge of the Property Owner.

14. All LUSU Let properties are free of internal locks as they are not a requirement of the personal
insurance provider. Tenants must not to install or change any locks on the Premises without the
prior consent in writing of the Landlord. In all instances, the Property Owner must be provided
with copies of any replacement keys.

15. Not to keep or store any bicycle or motor cycle within the Premises, without the Property Owner's
permission.

16. Not to hang any washing or clothes or any other articles outside the Premises other than in such
places (if any) as the Property Owner may designate for that purpose;

17. To pay to LUSU all costs and expenses (including VAT) incurred by LUSU (including, but not
limited to, the costs and fees of LUSU’s Solicitors and other professional advisors) in respect of:-

-7-
(i) the recovery from the Tenant of the rent or any other monies due from him; and
(ii) the enforcement of any of the provisions of this Agreement; and
(iii) the service of any notice relating to the breach by the Tenant of any of the
Tenant's obligations under this Agreement.

18. To take all necessary precautions to protect the Premises, all installations relating to the
Premises and the Fixtures and Fittings, from being damaged by frost.

19. To ensure that at all times that the doors and windows in the Premises are properly locked or
otherwise secured;

20. Not to:-

(i) alter the layout or character of any garden; and


(ii) not to cut down or remove any plants, trees or shrubs except as may be necessary for
the proper cultivation of any garden.

21. To remove all rubbish from the Premises regularly (and at least once a week) and to
place it within the containers provided by the property owner or Council.

22. If there are any vermin in the Premises or the Building, to notify LUSU immediately.

23. Not in any way to impede or obstruct or otherwise interfere with access to and the use and
occupation of the Premises by any person;

24. To ensure that all rooms in the Premises are kept properly ventilated;

25. At the end of the Term (or the date this Agreement ends if earlier):

-8-
25.1 to leave the Premises and the Fixtures and Fittings in the same condition as they were at the
beginning of the Term;
25.2 to remove all your belongings and rubbish from the Premises at the end of the tenancy.
25.3 to return all keys to the Premises
25.4 to pay for the reasonable cost of replacing any key or of replacing a lock (including the
Property Owner’s or LUSU’s administration costs); This cost will be set at a minimum charge
of £30.
25.5 the Tenants acknowledge that if they do not comply with clause 3 above the Property Owner
may take legal action against the Tenant to require them to leave the Premises. The Property
Owner reserves the right to claim for and charge for damage and loss suffered or incurred as
a result of the Tenant’s failure to leave the Premises at the end of the Term
25.6 LUSU may dispose of the Tenant’s personal valuables and invoice any costs in doing so if the
Tenant does not remove or collect personal valuables at the end of the Term.

SCHEDULE II

The Property Owner/LUSU agrees with the Tenant:

1. That the Tenant paying the rent and observing the obligations imposed on him in this
Agreement shall live peaceably and hold and enjoy the Premises throughout the Term
without any interruption by the Property Owner or any person rightfully claiming
through or in trust for him;

2. Not to unreasonably interfere with the Tenant’s privacy;

3. To give at least 24 hours notice before entering the Premises to clean, inspect, repair or for
any other reasonable purpose (except in case of emergency or in case of repairs reported by
you).

SCHEDULE III

-9-
LUSU and the Tenant agree and declare as follows:-

1. The Tenant shall not be entitled to withhold payment of any instalment of rent or any other
monies payable under this on the grounds that the Property Owner/LUSU may be in breach of
any of his obligations to the Tenant whether under the terms of this agreement or imposed by
statute or otherwise;

2. This Agreement shall take effect subject to the provisions of sections 11 to 14 of the Property
Owner and Tenant Act 1985 (as amended) which impose on the Property Owner obligation as to
the repair of the structure and exterior of the Premises and certain installations for the supply of
water, gas, electricity and sanitation;

3. The Property Owner/LUSU reserve the right to retain keys for the Premises;

4. If any lock on the Premises is changed, the Property Owner/LUSU reserve the right to enter on
to the Premises and replace it at the Tenant's expense;

5. LUSU shall be entitled to levy a charge on the Tenant in the following circumstances:

(a) if the Tenant loses a key; or


(b) if any cheque tendered by the Tenant is dishonoured; or
(c) if the Property Owner/LUSU has to replace any lock.

6. LUSU shall have the right (at the cost of the Tenant) to discharge any accounts
for the supply of gas and electricity and telephone services to the Premises for which
the Tenant may be liable

7. If any gas, electricity or telephone supply to the premises is disconnected due to Tenant's
default in payment of an account, the Tenant shall pay to the Property Owner/LUSU all costs
incurred in securing re-connection of the service;

8. If the Premises are rendered uninhabitable by fire or any other risk against which the
Property Owner may have insured, then the rent will cease to be payable until the Premises are
reinstated. This provision will not apply, however, if the insurance monies are irrecoverable in
whole or in part due to any act or omission on the part of the Tenant;

9. Where LUSU’s entitled to do anything at the expense of the Tenant or pay sums due from the
Tenant, the Tenant is to pay the costs incurred within 14 days of being informed in writing of the
amount involved. All such sums so payable are to be recoverable by the Property Owner as rent;

- 10 -
10. Where costs are incurred by the Property Owner/LUSU at the end of the tenancy due to an action
or omission of the tenant these costs must be paid within 14 days of being invoiced.

11. The provisions of section 196 of the Law of Property Act 1925 (as amended) shall apply
to any notice served under this Agreement;

12. Where the Tenant does not comply with their obligation to pay Council Tax LUSU may discharge
these on his behalf. The Tenant will then be invoiced for related costs/charges.

SCHEDULE IV

1. LUSU will invoice the Tenants for the following:

(a) Any Rent or other monies which may be due to LUSU (whether under this Agreement or
otherwise), but which remain unpaid;

(b) Any damage to the Premises, or the Fixtures and Fittings or the Building or any other property
belonging to the Property Owner for which the Tenant may be liable;

(c) Any unpaid accounts in respect of electricity, gas and telephone services provided to the Tenant
by their utility suppliers.

- 11 -
(d) Any expenses costs or damages suffered by LUSU as a result of a breach on the part of the Tenant of the
Tenant's obligations under this Agreement.
(e) Any sum repayable by LUSU to the local authority where housing benefit has been paid directly to LUSU by
the local authority
(f) Any costs, expenses, charges or other monies payable by the Tenant to the Property Owner/LUSU under this
Agreement.

IN WITNESS the parties have signed this instrument as a Deed on the date first mentioned.
SIGNED by the above named Tenant(s)

1. ………………………………….……………………..Print name ___________________________________

2. ………………………………….……………………..Print name ___________________________________

3. ………………………………….……………………..Print name ___________________________________

4. ………………………………….……………………..Print name ___________________________________

5. ………………………………….……………………..Print name ___________________________________

6. ………………………………….……………………..Print name ___________________________________

In the presence of: ………………………………..………………………………………………..…………………………

Witness Address: ………………………………….……………………………………………..…………….……………..

Witness Occupation: ………………………………………………………………………………………………………….


___________________________________________________________________________________________

SIGNED on behalf of LUSU Services Company Limited by the Housing Manager duly authorised

……………………..……………………….…………………………...…………………………………………………………

In the presence of: ……………………..……………………….…………………………...………………………………..


Witness Address:
Slaidburn House, Lancaster University, Bailrigg, Lancaster, LA1 4YA

Witness Occupation: ………………………………………………………………………………………………………….

- 12 -
LUSU [Students’ Union] Staff Member

- 13 -
SCHEDULE V
EXTENSION TO LEASE REQUEST

The Tenants listed on this Lease may request a lease extension. Lease extensions can only be
authorised by the Property Owner and require the completion of a ‘Lease Extension Request Form’.
These Forms may be collected upon request from the Housing Office. Monies due for extension
periods must be paid at the commencement of the extension period.

SCHEDULE VI
SUMMER LICENCE

1. During the Licence Period the Property Owner/LUSU grants access at times to be nominated by
the Property Owner for the Tenant to the Premises to store personal effects on the Premises.

2. No responsibility or liability whatsoever is accepted by the Property Owner/LUSU or their agents


or employees for any personal effects stored by the Tenant. The personal effects are stored at
the Premises at the Tenant’s risk. The personal effects may be moved by the Property Owner
and its employees and agents.

3. The Tenant agrees not to reside at the Premises during the Licence Period.

SCHEDULE VII
HOUSING ACT 1988
Section 21 (1) (b)
Assured Shorthold Tenancy: Notice Requiring Possession: Fixed Term Tenancy

LUSU Services Company give notice that we require possession of the dwelling house known as

[Property] ____________________________________________________________________

After 22nd July 2011

This notice is dated 18 September 2010

Signed by the Landlord

………………………………………...
……………………………………………………………………………..
Matthew Ward
LUSU Housing Office Manager

- 14 -

You might also like