Agency Name: Kura Properties LTD: Definitions
Agency Name: Kura Properties LTD: Definitions
1.2.This agreement creates an Assured Shorthold Tenancy pursuant to the Housing Act 1988.
1.3.The Room is let, together with the Fixtures and Fittings, furniture and effects therein and more
particularly specified in the Inventory signed by the Member. The letting shall include the right to use the
Shared Parts in common with others.
1.4.The Rent shall be payable monthly in advance, to be received by the Landlord on the 27th day of each
month and is to be paid by a method of the Landlord’s choice. The Rent shall be paid in full and
without set-off.
1.5.Overdue rental payments will be subject to interest at the rate of 3% above the Bank of England
base rate per annum calculated from the date the payment was due up until the date payment is
received.
1.6.Any person paying the Rent, or any part of it, for the Property during the Term shall be deemed to have
paid it as agent for and on behalf of the Member, which the Landlord shall be entitled to assume
without enquiry.
1.7.The Member agrees to be bound by the terms of any secure online merchant service that the Landlord
may use. Members who have utilised the Landlord’s “online sign-up” scheme acknowledge that any
such merchant service may securely store card details in accordance with relevant legislation. Should a
Member make an “over the phone” card payment, the Landlord may store those card details securely via
his merchant services provider. The Member further agrees that the stored card details will only be used
for any overdue rental payments and charges due under this Agreement; subject to a Reminder SMS
being firstly sent to the Member, such being sent to the number most recently provided by the Member.
1.8. If the Landlord agrees to extend the Tenancy the Landlord reserves the right to a rental increase of
no less than 2.5% after the 1st term upon the Member’s acceptance of such renewal.
2. Deposit
1. The Security Deposit will be paid by the Member prior to taking up occupation to the Landlord.
The Security Deposit will be protected with The Deposit Protection Service or any other
government approved tenancy deposit scheme. The Deposit is not transferable by the Member in
any way.
2. As soon as is practicable at the end of the Tenancy, the Landlord should inform the Member
whether any deductions are proposed. The Security Deposit will be refunded to the Member, less
any deductions, within 10 days of the end of the Membership once the following have been
completed:
2.1. the Room has been yielded up to the Landlord and
2.2. keys have been returned to the Landlord; and;
3. In the event that the total amount due at the end of the Tenancy exceeds the amount of the
Security Deposit the Member shall reimburse the Landlord the further amount, within 14 days of the
request being made.
4. The Security Deposit is held as security for the performance of the Member’s obligations under
this agreement and to compensate the Landlord for any breach of those obligations including:
items for which the Member may be liable, subject to an apportionment or allowance for fair wear and
t the age and condition of each and any such item at the commencement of the Term ,
insured risks and repairs that are the responsibility of the Landlord.
● The reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying any
breach by the Member of the Member’s obligations under the Tenancy, including those relating to
the cleaning of the Property and its Fixtures and Fittings.
● Any Rent or other money due or payable by the Member to the Agent or the Landlord, including
excessive utility bills under this Agreement of which the Member has been made aware and
which remains unpaid after the end of the Tenancy.
2. Legal notices
2.1 Notice is given pursuant to sections 47 and 48(1) of the Landlord and Tenant Act 1987
that the Landlord’s address for the service of Notices (including Notices in Proceedings) is as
follows:
KURA PROPERTIES LTD, Unit 2H, 26-32 CHARLOTTE ROAD, MANCHESTER, M2 3HZ
2. Service of notices
3. Any notice given by or on behalf of the Landlord or any other document to be served on the Member
shall be deemed to have been served on the Member if it is:
4. Any notice given by the Member or any other document to be served on the Landlord shall be deemed
to have been served on the Landlord if it is:
1.1.1. sent by First Class post in a pre-paid letter, properly addressed to the Landlord at
the address in clause 2.1; or
1.1.1. delivered by hand at the address provided at clause 2.1; or
1.1.2. handing it personally to the Landlord; or
1.1.3. Sending it by email to the Landlord at [[email protected]].
If any notice or other document is served personally, emailed or delivered by hand to the Property or to the
Landlord address for service on a working day it will be deemed served that day or the next working day if
delivered on a weekend or bank holiday. If a notice is served by post it will be deemed served on the second
working day after it was sent.
Notices Received
If a relevant Local Authority gives Notice or makes an order in respect of the Property, the Member shall provide
full particulars to the Landlord within 7 days. All reasonable steps should be taken to comply with it, in
consultation with the Landlord as is appropriate to the situation.
3. Possession
3.1. The Landlord may, without prejudice to his other rights and remedies, terminate this Tenancy if:
3.1.1. the Rent or any part of it is in arrears for fourteen days, whether formally demanded or not; or
1.1.1. the Member is in breach of any of the obligations under this Agreement; or
1.1.2. the Member is declared bankrupt under the Insolvency Act 1986; or
1.1.4. if any of the grounds 1,2,8 to 15 or 17 of Schedule 2 of the Housing Act 1988 (as
amended) apply.
1.1.5. the Landlord serves a Notice under section 21 of the Housing Act 1988 (section 21
gives the Landlord the right to end an assured shorthold Tenancy without any specific reason,
though usually only after any fixed term has ended),
1.1.6. the room is left unoccupied for a period in excess of 21 days without the
Landlord’s consent.
1.1.7. the Member is involved in an incident of anti-social behaviour and/or criminality within
or surrounding the Property or does, causes or permits to occur any incident that results in any
other person feeling threatened, intimidated, harassed, alarmed or distressed.
1.2. Upon the termination of this agreement the Member’s right to use and occupy the Shared Parts shall also
terminate and any notice and/or proceedings for possession shall apply to the Room and to the whole
Property.
1.3. If the Property is completely destroyed or becomes unfit for use an occupation, then this Agreement will
end immediately and the Member will be required to vacate the Property promptly. This does not prevent
enforcement of the Landlord or Member’s rights against each other as a result of something done prior to
the agreement ending. The Landlord will be entitled to claim against the Member or a visitor or a guest or
a Member’s contractor if the Member failed to comply with any obligations under this agreement.
1. Member’s obligations
The Member agrees to:
1. Payments
1.1. Pay the Rent on the day and in the manner specified. For the avoidance of doubt all Rent must be
received as cleared funds in the Landlord’s nominated bank account by the 19th of the month.
1.2. Pay the Landlord for the cost of replacing the locks and cutting of new keys and the cost of any codes
to be changed within the Property including the other occupants and the Landlord who require 5 sets, if any
keys are lost or stolen anytime during the Tenancy and/or not returned to the Landlord when the Member
moves out of the Property. The Landlord will provide the Member with a receipt for the lock change from
the locksmith.
1.3. Pay the Landlord’s costs, legal and otherwise, including VAT and disbursements in any and all of the
following circumstances:-
1.3.1. enforcing or attempting to enforce (whether by legal process or otherwise) the provisions of this
agreement ,
1.3.2. recovering Rent or other monies payable under the provisions of this agreement . recovering
possession of the Room, whether because of the Member’s default or otherwise, actions arising out of
any breach, non-performance or non-observance by the Member of the provisions of this Agreement .
1.1. Pay any excess on the Landlord’s insurance if any claim against such is required by or results from
negligence, misuse or failure of the Member or any of his visitors, guests or contractors.
1.2. Pay any reasonable costs that are incurred by the Landlord as a result of any breach of an obligation
contained herein by the Member.
1.3. Compensate the Landlord’s reasonable losses arising from any claim as a consequence of the
Member breaching any obligations contained in this Agreement.
1.4. Pay for any costs and expenses incurred by the Landlord due to the Member cancelling any
maintenance appointments or as a result of refusing access to the Property without reasonable notice.
2. Repairs
2.1. Keep the Room and the Property, including all of the Landlord’s Fixtures and Fittings clean and tidy
and in good and tenantable condition, repair and decorative order as detailed in the Inventory (reasonable
wear and tear excepted).
2.2. Not make any alteration or addition to the Room or the Property including redecorations.
2.3. Notify the Landlord immediately of any damage, defect or want of repair to the Property and also the
presence of water leaks, rot, insects or pests. In the case of an emergency and if safe to do so, you may
take reasonable steps to prevent any further damage.
2.4. Replace any broken windows immediately, unless the damage results from an event for which the
Landlord has agreed to insure.
2.5. To inform the Landlord immediately of any re-decoration or repairs required at the Property that the
Member is liable for. The Landlord will confirm to the Member the works that is required to rectify any
damage or re-decoration and may enter the Property upon 24 hours’ notice (or without notice in an
emergency), with or without others, to effect those repairs and decorations. The Member will pay the cost
of those works within 7 days of receiving the invoice.
2.6. To permit any Superior Landlord, the Landlord or their agent and all other persons authorised by the
Landlord with or without workmen and others and with all necessary equipment at all reasonable times
during the Tenancy with prior appointment and a minimum of 24 hours’ notice in writing (except in case of
emergency) to enter upon the Property and to examine the condition of the same or to inspect, maintain,
repair, alter, improve or rebuild the Property or any adjoining or neighbouring Property or to maintain repair
or replace the Fixtures Fittings or for the purpose of complying with any obligations imposed on the
Landlord by law or by the terms of this Tenancy.
2.7. Be jointly and severally responsible (alongside all other members within the Property) for any damage
caused to Shared Parts.
1.1. Notify the Landlord in writing as soon as the Member becomes aware of:
1.1.1. any notice, proceedings or letters relating to the Landlord, the Property or the use of the
Property the same to be forwarded to the Landlord without delay.
1.1.2. any loss, damage or occurrence which may give rise to a claim under the
Landlord’s insurance.
1.2. Not to obstruct or keep anything in the Shared Parts. If the Member cause any obstructions to the
Shared Parts the Landlord will provide the Member with 14 days’ notice to remove the obstructions (except
in an emergency). If the Member fails to do so, the obstruction will be removed and the Member may be
charged for the cost of removing it and any reasonable storage costs.
1.3. To allow access to the Room on a weekly basis to the cleaning contractor to clean the Room for
no less than 30 minutes at a time of their choosing within normal working hours Monday to Friday.
1.4. Not to remove any of the Landlord’s Fixtures and Fittings or other items belonging to the Landlord
from the Property.
1.5. Not to cause or permit any blockage to the drains, pipes, gutters, sewers and channels in or
around the Property , nor to cause an overload in the electrical circuits of the Property .
1.6. Not to assign, underlet or part with or share possession of the whole or any part of the Property.
1.7. Not to permit any visitor to stay for a period of more than three days without the Landlord’s prior
consent.
1.8. Permit the Landlord and/or his agents, at all reasonable times to enter the Room and the
Property to inspect or to show prospective members the Room and the Property.
1.9. Not to add any aerial, antenna or satellite dish to the Property.
1.10. Not to change the locks (or install additional locks) to any doors in the Property , nor make
additional keys for the locks. All keys are to be returned to the Landlord or the Landlord’s Agent at the
end of the Tenancy.
1.11. Ensure that the Property is kept secure at all times, including without limitation locking doors
and windows and setting any burglar alarm.
1.12. Keep the Room and the Property at all times are properly ventilated and heated to avoid build-up of
condensation and prevent mildew growth.
1.13. To take reasonable precautions to prevent damage occurring to any pipes or other installations to
the Property that may be caused by frost.
1.15. Report to the Landlord immediately any build-up on gas appliances or any suspected faults with
the appliances.
1.16. Not to use any gas appliance that has been declared unsafe by a CORGI or Gas Safe engineer
or disconnected from the gas supply.
1.17. Not to keep, use or permit to be used any candles or portable fuel burning appliance, or other
appliance against the terms of the insurance of the Property, except those provided by the
Landlord.
1.18. Not to keep any dangerous or flammable goods, materials or substances in or on the Property
apart from those required for general household use.
1.19. Not to smoke in the Room or the Property nor permit any others to.
1.20. Not to keep motorcycles, cycles or other similar machinery in any part of the Property .
1.21. Not to affix any notice, sign, poster or other thing to the internal or external surfaces of the Room or
the Property save for where specific provision already exists.
1.22. Not to keep any pet, animal, bird, reptile, fish, insects or the like in any part of the Property .
1.23. Not to do anything in the Property that is or may become a nuisance, disturbance or annoyance to
anyone else residing in the Property or neighbouring premises.
1.24. Not to make or permit any noise or play any radio, television or other equipment in or about .
1.25. Not to carry on any trade or business activity at the Property nor receive paying guests but use the
Room as a private residence for the occupancy of the Member.
1.26. Not to do or allow anything to be done by the Member, guests, visitors or contractors which may
cause damage to the Property or the Fixtures and Fittings or invalidates the insurance of the Property or
cause the Landlord’s insurance premium to increase. The Member agrees to notify the Landlord, Police
and any relevant local authorities of any thefts, vandalism or any other damage promptly and where
possession obtain a written report to enable the Landlord to consider whether to make a claim under any
insurance policy.
1.27. Not to use the Property for any illegal or immoral purpose (the taking or possession of controlled drugs
as defined in the Misuse of Drugs Act 1971 is considered to be illegal for the purpose of this clause).
1.28. Not leave the Room vacant for more than 28 days.
1.29. Not to Tamper with the hot water and central heating in the Property . The Landlord as part of this
Agreement operates a fair use policy on all utility bills. The Member will be liable for excessive utility
bills that go beyond normal usage for the Property.
1.30. Not to hang anything to any walls at the Property including pictures by whatever means including
(but not limited to) blue tac, sticky tape, nails, screws or glue.
1.31. To take reasonable precautions to prevent infestation of the Property by vermin, or animal fleas. If
infestation occurs due to something done or not done by the Member to pay the costs of removing the
infestation and any fumigation and cleaning of the Property of any affected parts. If it cannot be
determined how the infestation has been caused, and is neither the fault of the Member or the Landlord, it
is agreed that the cost of eradicating the infestation will be shared equally between the Member and the
Landlord.
1.32. To park only in the space/s or garage allocated to the Property ( if any) and to keep any vehicles
fully taxed and in a roadworthy condition.
1.33. To regularly remove all rubbish from the Property and to place it in the proper receptacle/s for
storage and disposal by the local authority.
1.34. To share the Shared Parts with other occupiers in the Property including other members and
the Landlord.
1.35. If there is a superior lease, to agree to perform and observe at all times during the Tenancy
hereby created any conditions contained within the superior lease and to comply with any rules or
regulations reasonably required by the Landlord or any superior landlord from time to time.
1.38. Not to alter the operation of, or disable, the smoke alarms.
1.39. Not to upgrade any media package or order any pay per view services.
1.41. To allow the Property to be viewed at all reasonable times during normal working hours (between
9am and 7:30pm) by prior mutually convenient appointment or on 24 hour’s notice, during the last eight
weeks of the Tenancy.
2. Inventory
To check the Inventory and report any errors/deficiencies to the Landlord or Landlord’s agent by returning a
copy with any annotations/corrections as necessary within 7 days of the Member checking into the Property. If
the Inventory is not returned within 7 days, it will be assumed to be an accurate description of the Property
including the contents and Fixtures and Fittings as handed over to the Member.
3. Insurance
The Landlord recommends that the Member holds and maintains insurance adequate to protect the personal
possessions of the Member and any accidental damage caused by the Member to the Property and its
contents, furniture, Fixtures and Fittings and that the Member will provide written proof of such cover at any
time as the Landlord may reasonably require.
4. End of Tenancy
4.1. Yield up the Room at the end of the Tenancy in the same good clean state and condition as it was at
the beginning of the Tenancy and to make good, pay for the repair of, or replace all such items of the
fixtures, fittings, furniture and effects within the Property as shall be broken, lost, damaged or destroyed
during the Tenancy (reasonable wear and tear excepted). The Member agrees that if the Room is not
returned in the same manner, the Landlord can instruct a cleaner and issue an invoice to the Member.
4.2. Return all keys to the Property to the Landlord or Landlord’s Agent by 10am on the last day of the
Tenancy (or sooner by mutual arrangement) or agreed termination date, ensuring that all rubbish and
personal possessions of the Member are removed by the same time.
4.3. Leave the furniture, effects, Fixtures and Fittings at the end of the Membership in the Property in
which they were at the beginning of the Tenancy.
4.4. To remove all belongings, personal effects and equipment, clear the Property of all food and rubbish,
and leave the oven in the same state of cleanliness as stated in the Inventory at the end of the Tenancy. If
Member’s items remain in the Property the Member will be responsible for meeting all reasonable removal/
and or storage charges. The Landlord will remove and store them for a maximum of one month. The
Landlord will notify you of this at your last known address. If the items are not collected within one month,
the Landlord may sell or dispose of the items and the Member will be liable for the reasonable costs of
sale or disposal.
4.5. Attend the arranged “check-out” of the Property , or give a minimum of 24 hours notice to change any
such appointment. If the Member fails to attend the “check out'' the Member will be bound by the check out
report.
5. Landlord’s obligations
1.2. To pay the council tax and utilities for the Property including supplies of water, sewerage, gas and any
other fuels, electricity, internet and telephone subject to the Members obligations under clauses 4.3.29,
4.3.36, 4.3.37, 4.3.39 and 4.3.40 . Should any of these services fail, the Landlord undertakes to use his
reasonable endeavours to resolve the issue; however the Member has no right to a reduction in Rent,
nor the right to withhold any portion of Rent, as a result of situations or circumstances beyond the
Landlord’s control.
1.3. To return to the Member any Rent paid for any period while the Property is rendered uninhabitable by
fire or other risk for which the Landlord has insured, except where such damage may have been caused
by the Member or the Member’s guest or visitors actions or omissions, the amount, in case of dispute,
to be submitted to arbitration pursuant to Part 1 of the Arbitration Act 1996.
1.4. To comply with relevant statutory laws including, Sections 11-14 of the Landlord and Tenant Act 1985
( as amended) , Gas Safety (Installation and Use) Regulations 1988 and Electrical Equipment (
Safety) Regulations 1994.
1.5. If appropriate, that any Fixtures and Fittings comply with The Furniture and Furnishing (Fire
Safety) Regulations 1988 ( as amended).
Where the Landlord is able, via third party contacts or associates, to provide additional services, offers or
benefits to the Member during the course of the Agreement ; any such services, offers or benefits are
separate from this Agreement and shall not form part of this Agreement. The additional services may be
withdrawn or amended at any time and without recourse.
The Member confirms that he has received from the Landlord or its agent:
- A copy of the How to Rent Guide
- Deposit Protection Information
- The Gas Safety Certificate for the Property
- A copy of our complaints process
- The HMO licence for the property if applicable
Copies of each of the above documents are annexed hereto.
The Property is let to the Member with the understanding that the Property will be shared with other
members. To ensure all members have quiet enjoyment of the Property, the Landlord may terminate the
Tenancy, by giving not less than two months written notice after the first four months of the initial fixed
term of the tenancy to the Member, if the Member:
At the end of such notice this Tenancy shall end and all obligations and responsibilities shall cease.
Termination of this Tenancy under this clause shall not affect any accrued right or remedy that either
party may have in relation to any antecedent breach of this Agreement.
1.1. The Member shall follow all reasonable courses of action before contacting the Landlord as a last resort
in the event of being locked out of the Property.
1.2. If no other option presents itself the Member should ring the emergency line number to speak to our ‘Out
of Hours’ team Veritas. The Member will then be assigned a key from the key cabinet in the office to
come and collect. Veritas will then charge the Member £75.
1.3. In the event that the key is left in the possession of the Member, the key must then be returned by Royal
Mail’s Special Delivery service to our office address to be delivered the next working day, unless the call
out is out of hours, in which case the keys should be sent via Royal Mail’s Special Delivery the next
working day to be delivered to our office address the day after, unless the Member is able to drop them
back to our office the same working day.
1.4. Enforceability
1.4. The invalidity, unenforceability or illegality of any provision (or part of a provision) of this Agreement shall
not affect the validity, enforceability or legality of the other provisions.
1.5. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were
deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial
intention of the parties.
7. Special Conditions
By signing this agreement, the Landlord and Member will be entering into a legally binding contract.
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