Terms & Conditions
TERM BUSINESS PERSON LETTING AGREEMENT OF RESIDENCE WITH ANCILLARY BUSINESS USAGEIMPORTANT: THIS TENANCY AGREEMENT IS A BINDING DOCUMENT. BEFORE SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU DO WANT AND NOTHING UNACCEPTABLE TO YOU. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR ANYTHING IN IT, IT IS STRONGLY SUGGESTED YOU ASK FOR IT TO BE EXPLAINED TO YOU BEFORE YOU SIGN IT. YOU MIGHT CONSIDER CONSULTING A LAWYER.
You have warranted that you and your Permitted Guests (if any) are coming to England for business purposes and will be occupying the Property to facilitate your business interests and not for a holiday or leisure or any other purpose.
Under the Immigration Act 2014 before being allowed into occupation you and your Permitted Guests (if any) must satisfy the Landlord with documents demonstrating that you and they have a legal right to reside in the United Kingdom for at least the duration of the letting. If such documents cannot be provided for any person then that person will not be allowed to occupy the Property unless and until such documents have been provided.
You will not be entitled to any refund after you have paid the Rent and you will not be entitled to cancel this Agreement.
Given the amount of the Rent payable by you, this Agreement will not give you any security of tenure under the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy.
You agree that this Agreement is not an assured tenancy and that no periodic tenancy will start on the Termination Date.
THE PARTIES AGREE
3. Definitions and Interpretation
3.1 In this Agreement the following words have the meanings shown:
Commencement date: Means date of booking.
Contents: Means the furniture office equipment and other items set out in the attached Inventory which are let with the Property under this Agreement.
Deposit: Means the amount of one night.
Permitted Guests: Means the business associates and assistants of the Tenant whose names are listed under clause 14.2 below.
Property: Means the house and garden grounds known together with all Landlord’s fixtures and fittings.
Rent: Means the amount of the number of nights of booking.
Term: Means the period from and including the Commencement Date down to and including the Termination Date and includes any subsequent period when the Tenant remains in the Property or extension or continuance of that period by law.
3.2.1 Where the Landlord or the Tenant consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this Agreement and not just a proportionate part).
3.2.2 Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
3.2.3 Any obligation on the part of the Tenant under this Agreement to do or not to do something extends to not permitting or allowing any other person to do or not do that thing.
3.2.4 Any act or omission by a Permitted Guest shall be deemed to be the act or omission of the Tenant.
3.2.5 The Tenant shall be presumed to be responsible for any of the Property and/or the Contents that have been dirtied damaged injured or lost (fair wear and tear excepted) during the Term.
4. Status of Tenancy
4.1 The Tenant warrants that he and his Permitted Guests (if any) are coming to England for business purposes and will be occupying the Property to facilitate their business interests and not for a holiday or leisure or any other purpose.
4.2 Given that the Rent is payable at a rate exceeding £100,000 per year as mentioned in the Housing Act 1988 Schedule 1 Paragraph 2(1)(b), the Tenant acknowledges that the tenancy granted by this Agreement is not an assured tenancy and that no statutory periodic tenancy will arise on the determination of the Term.
5. Agreement to let
The Landlord agrees to let and the Tenant agrees to take the Property with the Contents until the Termination Date at the Rent.
6. Compliance with agreement
The Tenant and the Landlord agree with each other to comply with the requirements of this Agreement.
7. Rent and interest
7.1 The Tenant must pay the Rent to the Landlord for the period from the Commencement Date until the Termination Date in advance and in full before the Commencement Date in cleared funds.
7.2 The Landlord hereby acknowledges receipt of the Rent from the Tenant.
7.3 The Rent must be paid by the Tenant without any set off, deduction or counterclaim and the Tenant must not exercise any right or claim to withhold rent or in respect of legal or equitable set off.
7.4 The Tenant will not be entitled to any refund after he has paid the Rent and will not be entitled to cancel this Agreement.
7.5 The Rent will not be subject to Value Added Tax because the Tenant has warranted that he and his Permitted Guests (if any) are coming to England for business purposes and will be occupying the Property to facilitate their business interests and not for a holiday or leisure or any other purpose.
7.6 Provided that if the Landlord discovers that in breach of such warranty the Tenant and/or his Permitted Guests (if any) are coming to England and will be occupying the Property for a holiday or leisure then the Tenant shall pay to the Landlord Value Added Tax at the current rate of 20% on the Rent and on all other payments due from the Tenant under this Agreement.
7.7 The Tenant must pay interest at the Interest Rate on any Rent or other payment lawfully due under this Agreement that is not received by the Landlord by 7 days after the payment was due. This interest is payable from the date on which payment of the rent or other payment was due to the date of actual payment, both before and after any court judgment.
8.1 The Tenant must pay the Deposit to the Landlord in advance and in full before the Commencement Date in cleared funds to be held by the Landlord until the end of the Term as security towards the Tenant’s liability for the Rent, the Extra Payment and any other sums that may be due from the Tenant to the Landlord under this Agreement or as a result of any breach of the Tenant’s obligations under this Agreement.
8.2 The Landlord hereby acknowledges receipt of the Deposit from the Tenant.
9. On Arrival
9.1 On arrival at the Property the Tenant must:
9.1.1 Produce the passports of the Tenant and all the Permitted Guests to the Landlord and allow him to make photocopies.
9.1.2 Produce documents to the Landlord demonstrating that the Tenant and all the Permitted Guests (if any) have a legal right to reside in the United Kingdom for at least the duration of the letting and allow the Landlord to make photocopies.
9.1.3 Provide a valid credit card in the name of the Tenant to the Landlord and allow him to take all details necessary for making a charge.
9.1.4 Review the Contents and sign a copy of the attached Inventory.
9.1.5 Sign a receipt for the number of keys provided to the Property.
9.2 Under the Immigration Act 2014 it is illegal for the Landlord to allow the Tenant and/or any Permitted Guest to occupy the Property unless and until they have each satisfied the Landlord with documents that demonstrate that they have a legal right to reside in the United Kingdom for at least the duration of the letting. If such documents cannot be provided for any person then that person will not be allowed to occupy the Property unless and until such documents have been provided.
The Landlord must pay all charges for gas electricity water sewerage television Wi-Fi fax broadband and Internet services at the Property during the Term and any ground rent service charges rates or taxes levied in respect of the Property. No telephone land line will be provided at the Property.
11. Condition of the Property
11.1 The Landlord must comply with the Landlord and Tenant Act 1985 Section 11 as to his responsibility for repairs in the Property.
11.2 The Tenant must not damage or injure the Property, make any addition to the Property, unite the Property with any adjoining premises or make any alteration to the Property or to the services or service media in the Property.
11.3 The Tenant must maintain the Contents and keep them in good condition (except to the extent their condition deteriorates as a result of fair and ordinary use), must make sure they are not damaged and must not take any of them away from the Property.
11.4 The Tenant must keep the service media inside or only serving the Property free from obstruction and the lavatories properly cleaned.
11.5 The Tenant must keep the internal surfaces of all windows of the Property clean.
12. Rights of entry
The Tenant must allow the Landlord, with any necessary contractors and workmen, to enter the Property at all reasonable times upon 24 hours’ prior notice in writing, or in the event of emergency at any time without notice, causing as little inconvenience to the Tenant as reasonably practicable and making good any damage caused to the Property and the Tenant’s property, to view the state and condition of the Property and the Contents and/or to carry out any repairs that are necessary by virtue of the Landlord’s responsibilities under this Agreement or by law to the Property or to any adjoining property that can only be carried out by having access to the Property.
13. Appearance of the Property
The Tenant must not erect any aerials, satellite dishes, poles or masts or display any sign on the Property or install any cables or wires outside it.
14.1 This Agreement is personal to the Tenant. The Tenant must not assign, sublet or part with possession of the Property or any part of it. The Tenant must also not enter into any agreement or arrangement by which anyone in occupation of the Property may become entitled to an assured tenancy or other security of tenure under the Housing Act 1988.
14.2 The Tenant must not permit or allow guests or lodgers (whether paying or non-paying) to use or stay overnight in the Property unless the prior written consent of the Landlord has been sought and obtained PROVIDED THAT the Permitted Guests listed below (if any) are permitted to use or stay overnight in the Property.
15. Use and nuisance
15.1 The Tenant and his Permitted Guests (if any) must use the Property to facilitate their business in England as a residence for ancillary business purposes including offices and meeting rooms and not for any other purpose.
15.2 The Tenant must not do anything on the Property that may reasonably be considered to be a nuisance or annoyance to the Landlord or the owners or occupiers of adjacent or neighbouring property.
15.3 The Tenant must not make any noise that may be audible outside the Property between the hours of 11.00 p.m. and 7.00 a.m.
15.4 The Tenant must not use the Property for any auction sale, any dangerous, noisy or offensive activity or any illegal or immoral act or purpose.
15.5 The Tenant must not keep or allow any animal, bird or reptile at the Property.
15.6 The Tenant must not smoke internally within the Property.
15.7 The Tenant must not light any candles or fires in the Property.
15.8 The Tenant must not hold any parties in the Property.
15.9 The Tenant must not hold any public meetings or gatherings in the Property.
16. Costs of enforcement
The Tenant must pay the Landlord’s costs and expenses on a full indemnity basis incurred in relation to or incidental to recovery or attempted recovery of arrears of Rent and/or other sums due under this Agreement and/or the recovery of possession of the Property and/or damages.
17. Giving back possession on the Termination Date
17.1 The Tenant must hand over to the Landlord all keys by 12.00 noon on the Termination Date and give vacant possession of the Property and the Contents back to the Landlord clean, tidy and in accordance with the provisions of this Agreement and with the various items of furniture and other items left in the places in which they were situated on the Commencement Date.
17.2 The Tenant will be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left in the Property at the Termination Date. The Landlord will remove and store the items for a maximum of 1 month. The Landlord will notify the Tenant that this has been done at the Tenant’s last known address. If the items are not collected within 1 month, the Landlord may dispose of the items and the Tenant will be liable for the reasonable costs of disposal. The reasonable charges and costs incurred by the Landlord may be deducted from any sale proceeds or the Deposit and if there are any charges and costs remaining they will remain the Tenant’s liability.
17.3 If the Tenant should fail to hand back to the Landlord ALL the keys that were given to the Tenant by the Landlord then the Tenant will be required to pay for the supply and fitting of new locks at the Property together with replacement keys. (Warning: This clause applies even if just one key is missing.)
The Landlord must permit the Tenant peaceably to hold and enjoy the Property during the tenancy created by this Agreement without any interruption or disturbance from or by the Landlord or any person claiming under or in trust for him.
19. Malfunction of appliances or office equipment
19.1 If any appliances or office equipment in the Property should malfunction and/or in any emergency, the Tenant must notify the Landlord as soon as possible:
19.2 The Landlord must use its best endeavours to remedy the malfunction within 3 working-hours, where working-hours mean the hours between 9.00 a.m. and 5.00 p.m. Monday to Friday.
20.1 The Tenant must keep the Property secure and the security alarms set at all appropriate times.
20.2 The Tenant must not change the locks or security codes.
20.3 The Tenant must report to the Landlord immediately he becomes aware of the fact if keys or security codes or devices are lost or compromised during the Term.
20.4 The Tenant must be responsible for any charges levied if the security alarm at the Property is set off by the Tenant and all charges for maintenance or repair necessary as the result of misuse by him.
21.1 The Landlord must keep the Property and the Contents (but not the Tenant’s personal property) insured against damage or destruction by fire and other usual risks for the full cost of rebuilding and reinstating the Property and replacing the Contents unless the insurance is invalidated by any act of the Tenant.
21.2 If the Property or any part of it is damaged by any risk against which it is insured so as to be unfit for occupation, the Rent, or a fair proportion of it, shall be suspended until the Property, or the affected part, is fit for occupation. This provision does not apply where payment of the insurance money is refused because of any act or default of the Tenant.
21.3 The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance taken out by the Landlord may become invalidated or by which the rate of premium on the policy may be increased.
22. Recovery of possession
22.1 The Landlord’s rights under this clause arise if and whenever during the Term:
22.1.1 the Rent is unpaid for 14 days after becoming due, whether formally demanded or not; or
22.1.2 there is a breach by the Tenant of any obligation or other term of this Agreement; or
22.2 If and whenever during the Term any of the events referred to in clause 15 occurs, the Landlord may commence proceedings to obtain a court order to recover possession from the Tenant and re-enter the Property subject:
22.2.1 in the case of unpaid rent to the Tenant’s right to relief on payment of the arrears and costs; and
22.2.2 in the case of a breach of any obligation other than to pay rent, to his obligations to serve notice on the Tenant specifying the breach complained of, requiring its remedy if it is capable of remedy and requiring the Tenant to pay compensation in any case and to allow the Tenant a reasonable time to remedy a breach that is capable of remedy.
22.3 On the making of a court order for possession, the tenancy created by this Agreement shall cease absolutely but this shall not affect any rights or remedies that may have accrued to the Landlord against the Tenant or to the Tenant against the Landlord in respect of any breach of this Agreement including the breach in respect of which the possession is ordered.
23. Payment for a period of unauthorised occupation
23.1 A period of unauthorised occupation is any period (including any day or part of a day) after 12.00 noon on the Termination Date during which the Tenant or a Permitted Guest or anyone admitted to the Property by the Tenant or a Permitted Guest fails or refuses to give vacant possession of the Property and the Contents back to the Landlord and/or remains in occupation of the Property and/or leaves any belongings or property in the Property other than small items left accidentally that can easily and cheaply be removed and/or fails to return to the Landlord the keys and any security devices or codes relating to the Property.
23.2 For any period of unauthorised occupation the Tenant must pay to the Landlord for that period the Extra Payment.
24. Deposit and Credit Card
24.1 The Landlord may (but shall not be obliged to) deduct and retain from the Deposit and/or may charge to the Tenant’s credit card:
24.1.1 any Rent, any Extra Payment and/or other payment lawfully due from the Tenant to the Landlord under this Agreement;
24.1.2 any sum the Landlord properly expends or incurs in cleaning redecorating repairing or replacing any of the Property and/or the Contents (including locks and keys) that have been dirtied damaged injured or lost by the Tenant (fair wear and tear excepted) and/or in putting right any failure by the Tenant to comply with his obligations under this Agreement;
24.1.3 any compensation due to the Landlord for the Tenant’s unauthorised occupation of the Property following the end of the Term;
24.1.4 any reasonable removal and storage charges and disposal costs incurred by the Landlord in relation to items of property and belongings left in the Property at the end of the Term; and
24.1.5 any interest due under this Agreement on any of these matters at the Interest Rate from the date the payment is due to the date it is deducted from the Deposit.
24.2 Subject as above, the Landlord must return the Deposit or the balance of it to the Tenant as soon as reasonably practicable after the end of the Term but any interest earned on the Deposit may be retained by the Landlord.
24.3 The Tenant’s liability to the Landlord under the Agreement is not limited to the Deposit and, if that liability exceeds the Deposit, the Tenant will remain liable to the Landlord for the outstanding balance.
25. Landlord’s details
The Tenant is notified for the purposes of the Landlord and Tenant Act 1987 Section 48(1) that notices (including notices in proceedings) may be served on him by the Tenant.
If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
The Landlord and the Tenant agree that this Agreement shall be exclusively governed by and interpreted in accordance with the laws of England and Wales and to submit to the exclusive jurisdiction of the English Courts.
28. No Third Party Rights
This Agreement shall not operate to confer any rights on any third party and no person other than the parties to it may enforce any provision of this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.