Terms and Conditions

Tenancy agreement — house —fixed term holiday letting

(1) Howard Property Group Ltd / John Howard

and

(2) Guests who have booked the property, details as per the reservation made.

IMPORTANT:

THIS TENANCY AGREEMENT IS A BINDING DOCUMENT. BEFORE BOOKING YOUR COTTAGE, 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 BOOK. YOU MIGHT CONSIDER CONSULTING A SOLICITOR OR CITIZENS ADVICE OR HOUSING ADVICE CENTRE.

This Agreement is made on date of reservation.

PARTIES

  1. The Howard Property Group and John Howard of The Office, 157 The Street, Stoke Ash, Eye, Suffolk. IP23 7EW.
  1. Our guests who have booked.

The parties agree:

1 Particulars

Deposit: As detailed in the on booking electronic message from the landlord.
Property: The house: As detailed in the on booking electronic message from the landlord.
Rent: The amount paid to reserve the property, which includes the cost of all services provided at the property. 
Term: The dates agreed in writing on booking the property.

Definitions and interpretation

2.1 Definitions

In this Agreement:

Contents

means the furniture and other items set out in the attached inventory which are let with the Property under this Agreement;

Deposit

means the deposit set out in the Particulars;

Interest Rate

means the rate of percentage a year above the base lending rate of the Bank of England.

Property

means the house described in the Particulars;

Rent

means the rent set out in the Particulars;

Term

means the period for which the Property is let under this Agreement as specified in the Particulars including any subsequent period when the Tenant remains in the Property or extension or continuance of that period by law.

2.2 Interpretation

2.2.1 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).

2.2.2 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.

2.2.3 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 Holiday letting

This Agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9. 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.

4 Agreement to let

The Landlord agrees to let and the Tenant agrees to take the Property with the Contents for the Term at the Rent.

5 Compliance with agreement

The Tenant and the Landlord agree with each other to comply with the requirements of this Agreement

6 Rent and interest

6.1 The Tenant must pay the Rent in one payment of the full amount due for the Term in advance on or before accepting this agreement. If the tenant checks out late, or in early, the charge of £20 per hour will be deducted from the deposit and due every hour thereafter.

6.2 The Tenant must not exercise any right or claim to withhold rent or in respect of legal or equitable set off.

6.3 The Tenant must pay interest at 7% 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.

6.4 The Landlord does not offer a refund, however an alternative like for like stay may be offered in lieu of a holiday that has been rescheduled, at the landlord’s absolute discretion; or for any serious inconvenience that is flagged in writing by the guest / tenant and accepted by the Landlord a return partial stay may be offered depending on the seriousness of the issue.

7 Outgoings

7.1 The Landlord must pay all charges for gas and electricity and all charges relating to television and Internet services at the Property during the Term.

7.2 The Landlord must pay all the water and sewerage charges and any rates or taxes levied in respect of the Property.

8 Condition of the Property

8.1 The Landlord must comply with the Landlord and Tenant Act 1985 Section 11 as to the Landlord’s responsibility for repairs in the Property.

8.2 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.

8.3 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.

8.4 The Tenant must keep the lavatories unblocked and any blockages which require a plumber or person to attend will be chargeable to unblock.

8.5 The Tenant must not allow the hot tub to colour green, for example, by urinating in the hot tub or spilling drinks in the hot tub, if the hot tub is discoloured green, or discoloured from fake tan or for any other reasons, and involves a deep clean this will be chargeable at £100.

9 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 for the following purposes:
9.1 to view the state and condition of the Property and the Contents; and

9.2 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.

10 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.

11 Dealings

This Agreement is personal to the Tenant. The Tenant must not assign, sublet or part with or share 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.

12 Use and nuisance

12.1 The Tenant must use the Property for the purpose of a private holiday residence for a maximum of 2 persons at Owl's Hoot Cottage, 4 persons at Oak, Honeysuckle and Vine Cottages and 7 persons at Lavender Cottage only and not for any other purpose.

12.2 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. The tenant must respect that the properties quiet hours are between 10:30 pm and 8 am.

12.3 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 and must not carry on any commercial activity on it.

12.4 The Tenant must not keep or allow any animal, bird or reptile at the Property without first obtaining the Landlord’s written consent which is not to be unreasonably withheld or delayed. Pets are allowed by written agreement for a supplement.

3 Costs of enforcement

The Tenant must pay the Landlord’s reasonable costs and expenses properly incurred in relation to or incidental to recovery of arrears of Rent or other sums due under this Agreement.

14 Giving back possession at the end of the Term

14.1 The Tenant must return the keys to the keysafe by on the date and time the Term ends 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 at the beginning of the Term.

14.2 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 end of the Term. The Landlord will remove and store the items for a maximum of 1 month. If the items are not collected or requests 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.

15 Non-disturbance

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 the Landlord. It is accepted that there will be daily health and safety chemical checks at the Hot Tub and that a gardener will attend once a week.

16 Insurance

16.1 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.

16.2 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.

16.3 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.

16.4 The Landlord must provide the Tenant with a summary of the risks covered by the policy of insurance and of any requirements of the insurers of which the Tenant needs to be aware and the Landlord must also notify the Tenant of any material change in those risks or requirements from time to time. There are details of the rules of use of the hot tub, sauna, fireplaces and bicycles within the property.

16.5 The tenant must not charge an electric car from the property, under the Landlord’s insurance.

17 Recovery of possession

17.1 The Landlord’s rights under this clause arise if and whenever during the Term:

17.1.1 the Rent is unpaid for 14 days after becoming due, whether formally demanded or not; or

17.1.2 there is a breach by the Tenant of any obligation or other term of this Agreement including noise at the cottage disturbing neighbours; or

17.1.3 the Property is left unoccupied for more than 14 days continuously otherwise than by prior agreement with the Landlord.
17.2 If and whenever during the Term any of the events referred to in clause 17.1 occurs, the Landlord may bring the tenancy created by this Agreement to an end and take proceedings to obtain a court order to recover possession from the Tenant and re-enter the Property subject:

17.2.1 in the case of unpaid rent, to the Tenant’s right to relief on payment of the arrears and costs; and

17.2.2 in the case of a breach of any obligation other than to pay rent, to the Landlord’s 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.

17.3 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.

18 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 the Landlord by the Tenant at the address referred to at the beginning of this Agreement.

19 Deposit

19.1 The Tenant must pay the Deposit to the Landlord to be held by the Landlord until the end of the Term as security towards the Tenant’s liability for any damage that may be due from the Tenant to the Landlord under this Agreement as the Landlord details it.

19.2 The Landlord acknowledges receipt of the Deposit from the Tenant and agrees to repay it to the Tenant at the end of the Term less any sum that may be due to the Landlord from the Tenant as a result of any breach of the Tenant’s obligations under this Agreement.

20 Severance

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.
[AGREED by the parties etc OR EXECUTED AS A DEED by the parties etc]
[inventory of the contents: This is the photographic record shown on the website detailing each room and the items within it.]