ASSURED SHORTHOLD TENANCY
TENANCY CONDITIONS
Residency period of letting 7th September 2009 – 21st May 2010.
DEFINITIONS
“The Premises” or “The Building” or “Apartment ” means
“Common Parts” means the entrance hall, stairs, corridors, laundry, and all other common areas within the Complex provided for the benefit of all tenants
“Contents” means the furnishings and effects listed in the inventory
“Apartment” means the Apartment of which the Room forms part and is included in the definition
“The Room” includes the fixtures and fittings therein, the carpets, doors and internal glass, but excludes Service Media within the Room
“Service Media” means central heating and hot water systems; electrical services for power and lighting; drainage and water services; and any data or phone/internet services provided.
INTERPRETATION
The expression “the Landlord” & “The Agent” includes the person who at any particular time has the right to receive rent under this agreement
Any obligation on the tenant not to do any act or thing and shall include an obligation to use reasonable endeavours not to permit or suffer such act or thing to be done by any other person
Any terms defined in the Code of Conduct shall have the same meaning as these Tenancy Conditions
THE LETTING
The Landlord through its Agent, lets and the Tenant takes the Room for the Tenancy Period 7th September 2009 –21st May 2010.
The Tenant is granted the following rights for the benefit of the Room in common with the Landlord/Agent and all others similarly entitled: -
The right to come and go to and from the Room over the Common Parts of the Building designed or designated to afford access
The right to use the shared facilities within the Apartment
The right to use the Common Parts
The Landlord/Agent reserves the following rights over the room: -
The right of access to enter the Room on reasonable notice (except in case of emergency) for any purpose mentioned in these Tenancy Conditions and Code of Conduct
The right to the free passage and running of water soil gas and electricity through any pipes cables wires drains or sewers passing in or through the Room
THE TENANT’S OBLIGATIONS
The Tenant agrees with the Landlord as follows: -
To pay the Rent in accordance with the Rent Payment Schedule as set out hereunder:
Payment 1 – before August 29th 2009. Payment 2 – before December 11th 2009.
If monies have not been received by Albanne Property Mgt Ltd on time, the Landlord/Agent reserves the right to invalidate the application.
Promptly to notify the Landlord/Agent of any damage or defect in the Room and/or the Contents and/or the Apartment or the Building
To operate in accordance with the manufacturer’s instructions and not to change damage alters or interferes in any way with the Service Media and electrical appliances within the Apartment
To pay a fair and reasonable proportion determined by the Landlord of costs incurred by the Landlord in making good damage to the Apartment or Room and/or in replacing any fixtures or fittings damaged therein.
To pay a Laundry Charge of €25 towards the cost of laundering the Duvet, Pillow and Mattress protector supplied. This charge to be deducted from the Deposit. This is a standard charge even if the said items are not used.
For the purpose of this clause
Damage to a room shall be deemed to have been caused by the Tenant of that Room
Damage to the shared facilities in any Apartment shall be deemed to have been caused by all the tenants of that Apartment
Damage to any Common Parts shall be deemed to have been caused by all those tenants who generally use the Common Parts in question
In the absence of any evidence to the contrary, the cost of remedying any such damage shall be apportioned accordingly
To pay the Landlords Agent the sum of €330.00 as an allowance to be used to pay for the cost of electricity for the student for the academic year. €30 will be deducted from this payment as a contribution towards the common areas electricity usage. Any overrun on Electricity usage will be deducted from the Deposit and apportioned rate to all occupants of the properties.
To pay the Landlord the sum of €395.00 before occupying the Apartment to cover costs including but not limited to refuse, television licence, cable television and other miscellaneous costs associated with the Tenancy of the Room, Apartment and to pay rental or other recurring charges during the Tenancy Period.
To maintain the Room in good and tenable repair and decorative order and in a clean condition (damage by accidental fire and water damage from domestic services infrastructure excepted)
To maintain the Contents in at least as good repair and condition as they are in at the start of the Tenancy Period (and the inventory attached hereto shall be evidence of such existing condition which shall be deemed to be good unless a defect is noted in the inventory) fair wear and tear excepted and not to remove any of the Contents from the Room or Apartment.
To occupy the Room or Apartment personally for residential purposed only and not to assign charge underlet or part with possession or share occupation or the Room, Apartment or any part of it
To ensure that his/her personal possessions are insured to cover against accidental damage/loss/theft
Not to carry on any profession trade or business whatsoever in the Apartment
Not to use the Apartment for any improper immoral or illegal purpose nor in any way which may in the opinion of the Landlord be a nuisance or annoyance to the Landlord or to the tenants of the rest of the Building or any adjoining premises including (but not limited to) the following obligations
Not to cause any noise which is audible outside the Room in which it is made
Not to keep or use drugs the possession or use of which is prohibited by law
Not to harass, threaten or assault any, tenants, guests, Albanne personnel or any other person
Not to keep store or use in the building any gas, oil, or other fuel burning appliance including candles
In the case of students breaking the above noise regulation there will be one verbal warning followed by two written warnings, after which if the noise persists the student/students responsible will be asked to leave the accommodation.
In the case of students holding parties or functions there will be one verbal warning followed by one written warning, after which if the problem persists the student/students responsible will be asked to leave.
Not to damage or leave in a dirty or untidy state any parts of the Building in respect of which rights are granted in previous clause
Not to alter modify, decorate, add to or in any way interfere with the construction or arrangement of the Room the Apartment or the Contents or the Building
Not to glue, stick, nail, screw or otherwise fix anything whatsoever to the interior of the Room, Apartment or to place anything outside the window of the Room or Apartment
At the end of the Tenancy Period to deliver to the Landlord/Agent the Room and Apartment and the Contents in accordance with the Tenant’s obligations in this clause and to clear the Tenant’s own effects and to deliver the key to the Landlord/Agent.
To ensure that any refuse is deposited in the receptacles provided for the purpose in the estate/complex
To recycle all items for which there is a recycling facility provided in the Complex.
Not to erect any external wireless or television aerial or satellite dish
Not to keep any animal, bird, insect or reptile in the Apartment
Not to do anything in the Room which would prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force
Not to obstruct any means of access in the Building, and also not to place any obstruction, bicycle, dustbin or perambulator in or upon the hall or stairways leading to the premises
Not to use the Apartment for parties or functions, including but not limited to gatherings of people for the purposes of consuming alcohol.
Not to bring into the Apartment or Complex any item which may cause damage to the properties to include but not exclusive to Dart boards, Pool Tables, Bean Bags etc. Any such items deemed by the Landlord/Agent to be a breach of the Agreement will be removed and disposed of without notice.
To pay all reasonable and proper costs and expenses (including legal costs and disbursements and fees payable to a surveyor and any value added tax thereon) incurred by the Landlord in or in reasonable contemplation of the proceedings in connection with recovery of arrears of rent or arising from any breach of the Tenant’s obligations under this Agreement
The Tenant accepts responsibility for loss/damage/breakages/theft of any and all Landlords possessions during the term of the Tenancy Period including but not limited to items situated in the Tenants Room due to lack of attention to security of doors and windows at all times
If any Tenant shall in any way interfere, molest, make unwanted or uninvited advances (whether sexual or otherwise) to any other Tenant or student or if any Tenant who shall (in the opinion of the Landlord/Agent) constitute a nuisance or annoyance towards other persons in the estate/complex then the Landlord shall be entitled to terminate and forfeit the said Lease
To allow the Landlord/Agent every week (except in case of emergency) to enter the Apartment to: -
inspect its condition and carry out any necessary repairs or alterations to the Room and/or Building; maintain repair and if necessary replace the Service Media and any pipes cables wires drains and sewers within the Room, Apartment or carry out viewings of prospective tenants;
Provided that in doing so the Landlord/Agent will cause minimum possible inconvenience to the Tenant and will wherever possible carry out the works described in previous sub-clauses after the end of the Tenancy Period
If a problem in any area of an apartment, including a bedroom, is reported to the Agent then the Landlord, or any person acting on behalf of the Landlord or Agent, shall be allowed to enter that room at their leisure for the purposes of fixing or evaluating the problem
The Tenant shall strictly observe and comply with the regulations and notices issued from time to time by the Management Agent in charge of the Premises and Room
DEPOSIT
The deposit is payable to the Landlord as security for the performance of the Tenant’s obligations. The Landlord shall be entitled to draw on the Deposit at any time in payment of any sums due from / or expended or expendable on behalf of the Tenant in accordance with the terms of this Agreement, and shall return the balance of the Deposit to the Tenant within twenty eight days of the termination of the Tenancy and vacation of the Room by the Tenant
THE LANDLORD’S OBLIGATIONS
The Landlord agrees with the Tenant as follows:-
That the Tenant paying the rent and performing all the obligations on the Tenant’s part herein contained may quietly possess and enjoy the Room during the Tenancy without any interruption from the Landlord or any person on the Landlord’s behalf
To maintain and repair the structure of the Building including the window frames and window glass
To maintain repair clean decorate and provide adequate heating and lighting to the Common Parts
To maintain all Service Media serving the Apartment and or the Common Parts
To provide an adequate supply of hot and cold water, heating and electrical power to the Apartment
To provide security facilities for the Building
To provide and maintain equipment in the Common Parts
The Landlord accepts no responsibility whatsoever for the loss/damage/breakage/theft of any and all of the Tenants personal possessions during the full term of the Tenancy Period, including but not limited to items situated in the Tenants room
ALTERNATIVE ACCOMMODATION
The Landlord reserves the right during the Tenancy Period to move the tenant to alternative accommodation only for the purpose of carrying emergency repairs
The Landlord reserves the right during the Tenancy Period to move the tenant to alternative accommodation should other tenants vacate the property and other rooms are available in similar accommodation.
The Landlord reserves the right during the Tenancy Period to move the tenant of a twin room should the tenant sharing vacate same.
PROVIDED THAT
The Tenant is given reasonable notice
The Tenant will occupy the alternative accommodation on the terms of this Agreement
AGREEMENTS AND DECLARATIONS
It is agreed between the parties that if at any time:-
The whole or any part of the Rent shall be unpaid for 7 days after it becomes due (whether legally demanded or not); or
any obligation of the Tenant has been broken or not performed
The Landlord shall be entitled to repossess the Room and the Tenancy shall immediately then terminate but without affecting the Landlord’s right to sue the Tenant for any breach of obligations
Any person who is not the Tenant and who makes payments due from the Tenant under the Tenancy Conditions does so as Agent for the Tenant
The Tenant hereby acknowledges receipt and having read the student code of conduct produced by the Landlord in relation to the management and regulation of the student village (as therein defined). The Tenant hereby agrees to fully abide by the terms and conditions of the said student code of conduct as if the entire code of conduct was set out in this Lease and any breach of any provision of the code of conduct set out therein shall constitute a breach of this Lease in respect of which the Landlord shall be entitled to terminate and forfeit this Lease
GUARANTEE
The Guarantor guarantees to the Landlord that the Tenant will pay the rents reserved by and comply with the obligation on the Tenant’s part contained in the Tenancy Agreement for so long as the Tenant remains bound by such obligations and the Guarantor will indemnify the Landlord against all losses damages costs and expenses suffered or incurred by the Landlord through non-compliance by the Tenant with its obligations in the Tenancy Agreement
SEVERABILITY
If any term condition or provision contained in this Agreement shall be held to be invalid unlawful or unenforceable to any extent, such term condition or provision shall not affect the validity legality or enforceability of the remaining parts of this Agreement
NOTICE
The Tenant is hereby notified that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address
Albanne Property Management Ltd, Albanne House, Yeats Village, Ballinode, Co. Sligo
*Explanatory Note
These grounds cover such situations as where a mortgage requires possession to exercise its power of sale; where the landlord intends to demolish, reconstruct or carry out substantial work; arrears of rent and delay in payments; Tenant’s obligations broken or not performed; deterioration in the condition of the property; bad conduct of the Tenant and visitors; occupation; ill-treatment of furniture; and where a tenancy is granted as a result of a false statement
Code of Conduct
Students must take care to ensure that all doors and windows are kept closed prior to leaving their home each time they vacate the premises. It is the responsibility of students to keep their bedroom door closed when not present on the premises. The landlord or the Agents take no responsibility for loss of property to students. Students MUST ensure that their property is insured and provide proof, if requested, of said insurance to the office.
It is the responsibility of all students to keep safe your keys, which give you access to your home and the different students areas of the village. Replacement keys are available if lost or stolen at a cost of €25.00 during office hours only.
Under no circumstances are parties or gatherings allowed in the apartments managed by Albanne Properties. Students disregarding this will be fined and asked to vacate the Village with immediate effect with no refund of fees or deposit.
After 12 midnight only residents of the Village will be permitted access to the grounds.
Students causing damage or not complying with any aspect of Albanne Properties Code of Conduct or Lease will not be allowed to continue their occupancy of the Village of which they are resident. There will be no refund of fees or deposit.
The abuse or misuse of any illegal substances will mean immediate expulsion from the village with no refund of fees or deposit. Albanne Properties work with the Gardai (Irish Police) to ensure the safety of all students of the Village. It is our policy to provide for a clean and safe environment.
Students, Parents or Guardians are liable for the cost to or replacement of any Village property, which the student or friends of students damage.
Any student who removes or damages a fire alarm or safety device will be evicted and will be reported to the Gardai and fire brigade. A fine of €250.00 will also apply to any individual or to the apartment occupiers damaging any piece of safety equipment.
The Village management or its agents cannot be held responsible for injury to any student caused by the students own negligence or disregard of the Village regulations, or by the disregard or negligence of Village regulations on the part of any other student/s or invited guest/s.
Students are required to show respect for the staff of the Village at all times, and must obey the lawful instructions of any member of the staff.
A student must identify him/herself to any member of staff or the appointed agents when requested to do so. Student identity card must be produced when requested as proof of identity.
During the hours of 22.00hrs and 08.00hrs it is required to keep the noise in the Village to a minimum.
Students must inform the office of any intended persons staying over the night. The agreement of all the persons sharing the apartment is also required. This should not occur on a regular basis.
The premises will be inspected every week to ensure cleanness and damage limitation. Spot checks will take place any time during the week should the standard of cleanliness not be satisfactory. The personal bed space of each student will only be inspected on informing the student of such checks. Students are fully responsible for the cleaning costs and also any damage over and above normal wear and tear.
Students must use the refuse disposal facilities provided. Albanne Properties is committed to a policy of recycling, and students must adhere to this policy.
Under no circumstances must any object be placed in the halls or landings of the premises. Bicycles must be stored in the bicycle sheds provided. Bicycles found in the properties will be confiscated and a fine of €50.00 must be paid before return of the said item.
Wet clothing must not be placed on or near the heating facilities. Laundry facilities are provided for in the Management block. Drying of any item from the windows of the student premises is strictly forbidden.
Failure to maintain the apartment in acceptable living condition, conscious of health Implications, will lead to expulsion with immediate effect with no refund of fees or deposit. Ovens, Kitchens and Bathrooms carry particular health risks of which you must be aware. Damage to walls whether by abuse or hanging of posters or pictures is unacceptable.
Damage to any part of the property will lead to immediate expulsion with no refund of fees or deposit.
Internet and email policy. Transmitting of any item, which offends, or assists in the spread of any virus, malicious act or material, will mean immediate expulsion from the village with no refund of fees or deposit.
Albanne Properties will ask any student not observing normal and acceptable behaviour or those responsible for any damage to apartments managed by Albanne Properties to leave the village with immediate effect. No refund of any payments inclusive of deposit will be made in these cases and any damage will be the responsibility of the students and or Parents/Guardians and will be pursued through legal channels if necessary. All costs involved in such action will be the responsibility of the Student/Parent/Guardian.
The Management may prohibit any person from entering the Village properties or the grounds.
The Management or its appointed agents may suspend a student without refund of fees for any breach of the regulations.
Failure to comply with any of this Code of Conduct or terms of Lease will lead to immediate expulsion from our Properties.
Students taking up residence do so on the understanding that the term is from September 7th 2009 to May 21st 2010 and are required to pay for same in the times as per information sheet provided. If a student decides to leave no discounts or refunds are allowed for periods which are not used. This is a strict rule of the Village and you may only take up residence on these terms and understandings alone.
By signing this form you are agreeing to have read and accepted this Code of Conduct as terms of residence within properties managed by Albanne Property Mgt Ltd. on behalf of Dunaras Management Ltd.
You further agree to pay all fees as set out at time of offer of accommodation.