PLU6 10/04
UNIVERSITY OF WARWICK
WARWICK ACCOMMODATION
HEAD TENANCY AGREEMENT
AN AGREEMENT dated
BETWEEN:(1)
[
] of [
]
and their successors in title (“the Owner”)
(2)
THE UNIVERSITY OF WARWICK of Gibbet Hill Road, Coventry, CV4 7AL (“the University”)
the Owner agrees to let and the University agrees to take on lease the furnished dwelling described
in Schedule 1 to this agreement ("the Property"). The lease to the University will be on the following
terms and conditions:In consideration of the rents hereinafter reserved and of the covenants by the Tenant contained in
this Lease the Owner agrees to let and the University agrees to take on lease the furnished property
situated at [
]
("the Property"). The Property includes all parts of the dwelling and all grounds and outbuildings
normally used with the dwelling unless specifically listed as excluded in Schedule 1. The Property
also includes all rights and amenities reasonably necessary for the occupation of the Property. The
permitted occupancy of the Property is [
] persons (excluding any guest permitted by the
subletting agreement). The lease to the University will be on the following terms and conditions:1. Period
1.1
The letting period will be from and including
period").
to and including
("the letting
1.2
As long as the University performs its obligations under this agreement, the Owner shall allow the
University and the University’s subtenants to hold and enjoy the Property throughout the letting
period without any interruption by the Owner or anyone acting with the Owner’s authority.
2. Rent
2.1
Yearly and proportionately for any fraction of a year the rent for the Property shall be £[
calendar month, payable monthly in advance on the first day of each month
] per
2.2
It is a pre-condition of the University's liability to pay rent that the Owner has put the Property and
contents in the state and condition required by the University at the start of the letting period (and,
where the letting period is longer than 12 months carried out any notified works by the specified
date) in accordance with clause 2. If the Property and its contents are not in the required state and
condition then the rent shall be reduced proportionately until such time as the Property and contents
are put into the required state and condition.
3. Condition and inventory
3.1
Before the letting period begins the University will provide the Owner with a schedule of condition
and inventory of the Property and its contents and give the Owner details of all works which the
Owner is required to do in order to ensure that the Property and its contents are in the state and
condition required by the University.
3.2
The Owner shall ensure that the Property and its contents are clean and in good repair throughout,
in the state and condition required by the University, by the deadline stipulated in the schedule of
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condition and inventory. If the Property or its contents are not in the required state and condition by
the stipulated deadline then the University may either:
3.2.1
give written notice to the Owner terminating this agreement within 7 days of the date of the notice;
or
3.2.2 accept the tenancy but without liability to pay rent for any calendar month during which the
Property and its contents are not in the required state and condition.
3.3
If the University accepts the tenancy as permitted by clause 3.2 and the Property or its contents are
still not in the required state and condition by 1 August in the first year of the lease and by 1
September (or such other date as may be notified by the University) in any subsequent year the
University may give written notice to the Owner terminating this agreement with immediate effect
and shall be entitled to claim as a debt from the Owner £50 (plus any applicable VAT) for the
second and each subsequent inspection visit made after the deadline stipulated in the
schedule of condition and inventory or:
3.3.1
put the Property and/or its contents in the required state and condition (and the Owner hereby gives
the University permission to carry out such works at the Property); and/or
3.3.2
compensate its sub-tenants because the Property and/or its contents were not in the required state
and condition; and
3.3.3
deduct all costs incurred by the University (including additional inspection visit charges) from the
rent payable to the Owner
3.4
If any bedroom (or its contents) at the Property is not in the required state and condition, but the
common parts and the remainder of the Property (and their contents) are in the required state and
condition, the University may accept the tenancy but withhold a proportion of the rent (according to
number of bedrooms at the Property) until the bedroom is in the required state and condition and the
University has an occupier for it. In such cases, the University shall:
3.4.1
only be liable to pay rent for the period during which the bedroom is occupied by a sub-tenant; and
3.4.2
be entitled to deduct from any rent which is payable an amount equivalent to any compensation paid
to a would-be occupier who was not able to take occupation because of the bedroom’s (or its
contents’) condition
3.5
Where the letting period is more than 12 months the University will inspect the Property and
contents annually, at the end of each sub-tenancy, and notify the Owner (in an end of sub-tenancy
report) of any works required. The Owner shall ensure that the Property and its contents are in the
required state and condition by the date the University specifies in the report. If the Property or its
contents are not in the required state and condition by the specified date, the University may
terminate this agreement or reduce the rent in the same way as it is entitled to do if the Property or
its contents are not in the required state and condition at the start of the letting period.
3.6
In any sub-tenancy agreement the University will insert a provision which obliges the sub-tenants to
keep and leave the Property in a condition which is no worse than it was in at the beginning of the
sub-tenancy. Fair wear and tear and damage caused by insured risks will be excluded from this
obligation.
3.7
Any works of improvement, refurbishment or alteration (as opposed to repair) must not be carried
out whilst the Property is occupied by the University’s sub-tenants without first obtaining the
University’s written consent (which the University shall be entitled to withhold, or make subject to
conditions).
4. Permitted Sub-Tenancies
4.1
The University shall be entitled to sub-let the Property to :
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4.1.1 Students, who in accordance with Schedule 1 paragraph 8 of the Housing Act 1988 will be tenants
at common law rather than assured shorthold tenants;
4.1.2 non-students associated with the University, who shall be assured shorthold tenants.
4.2
The University will sub-let on the applicable standard terms and conditions for head-leased houses,
a copy of which is available at [www2.warwick.ac.uk/services/accommodation/landlords] or from the
University’s Warwick Accommodation team on request (together with any special conditions
applicable to the Property).
5.
Use of Property
The University is entitled to use the Property only as a private dwellinghouse to be occupied by the
permitted number of persons specified on page 1, together with any guests permitted by the
subletting agreement.
6.
Outgoings
6.1
The Owner will pay all charges for water supply, whether metered or not and all other outgoings on
the Property other than those which the University has agreed to pay and those outgoings which are
paid by the sub-tenants
6.2
Any sub-letting agreement will include a provision requiring the sub-tenant to pay Council Tax where
applicable during the period of the sub-letting agreement but if any Council Tax is chargeable
against the Property while the Property is unoccupied, the Owner will be liable to pay it (and in
default the University may pay it and offset the amount paid against the rent)
6.3
Any sub-letting agreement will include a provision requiring the sub-tenant to pay all charges for gas
and electricity as recorded by meters at the Property and (where applicable) all charges for
telephone calls and rentals during the period of the sub-letting agreement
7.
Insurance
7.1
The Owner will insure the structure, fabric, fixtures, fittings, furnishings and furniture at the Property
and will keep them insured against loss or damage by fire, explosion, lightning, earthquake, storm,
flood, bursting and overflowing of water tanks, apparatus or pipes, impact by aircraft and articles
dropped from them, impact by vehicles, riot, civil commotion, damage by malicious persons and
accidental damage (“the Insured Risks”) and such other risks as are conventionally included in a
fully comprehensive policy to their full replacement value.
7.2
Once during each academic year the University is entitled to require the Owner to produce to it a
copy of the policy document and evidence of the policy being current and in force. The Owner shall,
if the University requires it, request the insurer to note the University’s interest on the policy and
notify the insurer that the Property is in the University’s head-leasing scheme.
7.3
The Owner will take all reasonable steps to arrange for any damage caused by an Insured Risk to
be remedied as soon as practicable and will make good out of his own money any shortfall in the
insurance proceeds.
7.4
Where permitted by the policy the Owner will procure that the insurer claims no right to recoup
insurance monies from the University or its sub-tenants (waiver of subrogation).
7.5
If the Property or any part of it shall become unfit for occupation or use as a result of damage by an
Insured Risk (whether or not the Owner has actually insured against it), then the University's liability
to pay the rent (or a reasonable proportion of it depending on the nature and extent of the damage)
under this agreement shall cease and shall not resume until the University is satisfied that Property
is again fit for immediate use and occupation. (This clause shall not apply if the sub-tenants are
responsible for the Property becoming unfit for use and occupation.)
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7.6
The University’s liability for damage caused by an Insured Risk is limited to whichever is the lower
of:
7.6.1
The excess payable on the Owner’s policy; and
7.6.2
£100 (one hundred pounds).
7.7
Where an occupier’s property is damaged by an Insured Risk, the University will encourage the
occupier to claim against their personal belongings insurance.
8.
Electrical Safety
8.1
Before the start of the letting period the Owner will produce to the University a periodic inspection
report of the electrical installation carried out by a NICEIC- or ECA-registered electrician in
accordance with BS7671.
8.2
If the periodic inspection report is more than 3 years old at the start of the letting period or will be
more than 5 years old at the end of the letting period, the University may order a new periodic
inspection report and deduct the cost of it from the rent, or require the Owner to have an up-to-date
periodic inspection report carried out.
8.3
If a periodic inspection report reveals any Category 1 or Category 2 items, the Owner will have all
remedial work carried out before the start of the letting period (or within 2 weeks in the case of a
renewal report issued during the letting period), and have this work certified by a NICEIC- or ECAregistered electrician as being safe, satisfactory and compliant with all relevant regulations. If the
periodic inspection report reveals any items below Category 2, the Owner will have the remedial
work carried out within a reasonable time if the University requests it to be done.
8.4
Between each sub-tenancy the Owner will ensure that all electrical equipment, appliances,
apparatus or devices at the Property are safe and as required by the Electrical Equipment (Safety)
Regulations 1994 and/or (as applicable) the Low Voltage Electrical Equipment Regulations 1989 (so
far as relevant in each case to electrical equipment supplied with rented properties).
8.5
The Owner represents and warrants to the University that all electric plugs, sockets, adaptors and
appliances provided by the Owner comply with the Plugs and Sockets (Safety) Regulations 1994
(where applicable) and are correctly fitted.
9.
Gas Safety
9.1
The Owner agrees that the University may arrange on their behalf for annual gas safety checks to
be carried out and a gas safety certificate to be issued in accordance with Regulation 36 of the Gas
Safety (Installation and Use) Regulations 1998. The Owner agrees that the University may arrange
for a maintenance service agreement with a CORGI or CAPITA registered body nominated by the
University. The University agrees to provide the Owner on request with a copy of the terms and
conditions of any such service agreement and safety certificate.
The Owner agrees that the
University shall be entitled to deduct from the rent the costs of the service agreement, the gas safety
check and certificate and any works required to the gas installation or gas equipment.
9.2
The Owner represents and warrants to the University that every cooking appliance at the Property
fuelled by gas conforms with the requirements of the Gas Cooking Appliances (Safety) Regulations
1989 and that all appliances to which the regulations apply conform with the Gas Appliances
(Safety) Regulations 1995.
9.3
The University is not liable to the Owner to pay rent or perform any other obligation under this
agreement unless the Owner performs and continues to perform fully its obligations to keep the gas
installation and appliances in good repair and proper working order throughout the letting period. If
any gas installation or equipment is reported by a competent person as being seriously defective or
dangerous, the University shall be entitled to terminate this agreement with immediate effect by
giving written notice to the Owner.
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10.
HMO Licensing
10.1
This clause 10 applies where the Property is to be let to 5 or more people from more than one
household living on 3 or more floor levels, or is subject to special or additional licensing, or requires
planning permission in order to be lawfully used as an HMO.
.
10.2
If the Property already has a valid HMO licence, the Owner will produce it to the University before
the start of the letting period and will maintain it and comply with all conditions attached to the
licence at all times during the letting period. Where the University requires it, the Owner will allow
the University to be named as joint licence-holder.
10.3
If the Property does not have a valid HMO licence, the University shall arrange for the Property to
be licensed and the University may be named as sole or joint licence-holder, but:
10.3.1 the licence fee shall be payable by the Owner; and
10.3.2 the Owner shall be responsible for complying with all the conditions in the licence;
and in default the University shall be entitled to pay the licence fee or carry out any works required
to obtain or comply with the licence and offset the sums so expended against the University’s
liability to pay rent
11.
Energy Performance Certificate
Before the start of the letting period the Owner will produce to the University a valid Energy
Performance Certificate for the Property. If the Owner has not done so within 7 days before the
start of the letting period, the University may arrange for an Energy Performance Certificate to be
issued for the Property and offset the cost from the rent.
12.
Safety of Furnishings
The Owner represents and warrants to the University that all furniture and furnishings supplied with
the Property comply with the Furniture and Furnishings (Fire)(Safety) Regulations 1988 (as
amended)
13.
Decoration
In any sub-letting agreement the University will insert a provision, which forbids redecoration or
structural alterations to the Property except with the prior written consent of the Owner.
14.
Repairs
14.1
The Owner shall keep the Property in good tenantable repair and condition and in good decorative
order. For these purposes the Property includes (without limitation) the structure and exterior, the
drains, sanitary and water appliances, electrical, gas and heating apparatus and all furniture,
fixtures, fittings and contents and “repair” includes replacement where necessary or desirable. The
Owner agrees to remedy any defect or carry out any repair within a timescale specified by the
University. If the Owner fails to comply with the timescale, or if the Owner asks the University to
arrange the repair, then the University is entitled to carry out the required works and deduct the cost
of the works and an appropriate administrative charge from any subsequent rental payment, without
further notice to the Owner.
14.2
In cases of emergency, the University will take reasonable steps to notify the Owner before
undertaking any repair work but, if the University is unable to contact the Owner within a reasonable
time (having regard to all the circumstances), then the University may carry out repair, maintenance
or preventive works without further reference to the Owner and deduct the cost of the works (and an
appropriate administrative charge) from any subsequent rental payment.
14.3
Where any loss, breakage or damage to the Property which occurs during any sub-letting is the fault
of the sub-tenants, and which is not fair wear and tear or damage by an insured risk, the University
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agrees (at its own option) either to make good or to pay to the Owner the reasonable cost of making
good any such loss, breakage or damage.
14.4
Private dwellings let on joint tenancies are exempt from the smoking ban set out in Chapter 1 of Part
1 of the Health Act 2006 and whilst the University encourages its students not to smoke, it cannot
guarantee to the Owner that the sub-tenants or their guests will not smoke in the Property. If the
sub-tenants cause damage, e.g. staining to the decoration or burn marks, the University will charge
them for it and pay the sums recovered to the Owner but the act of smoking in itself, without causing
damage, shall not be a breach of the terms of this agreement.
15.
Cleaning
15.1
If the Property is not in the condition required by clause 2 at the start of each sub-tenancy, the
University may terminate this agreement or affirm the agreement and withhold rent until the Property
is in the required condition.
15.2
At the end of each sub-letting the University is responsible for ensuring that the Property is in a
reasonably clean state as required by the sub-letting agreement. Where this agreement (or a
renewal of it) is to continue into the next academic year, the Owner will carry out an annual "deep
clean" during the summer between sub-tenancies. If the Owner fails to carry out this obligation to a
standard acceptable to the University, the University may clean the Property and recover the
reasonable cost of doing so (including an appropriate administrative charge) from the Owner,
whether by deduction from rental payments or otherwise.
15.3
The obligation to carry out a deep clean applies whether or not cleaning is specifically referred to in
the end of sub-tenancy report referred to at clause 2.
16.
Gardens
The Owner will maintain the garden (if any) to a reasonable standard so that no nuisance or
inconvenience is caused to the sub-tenants or to the occupants of neighbouring properties.
17.
Telephone connection
17.1 The Owner shall procure the supply of a telephone line capable of receiving and transmitting data
(“the facility”) to the Property throughout the Term and shall ensure (at its own expense) that:
17.1.1 the facility is properly supported and maintained and that any user complaints are dealt with
promptly, fairly and impartially;
17.1.2 the Owner indemnifies the University against loss or damage arising from the facility’s adequacy or
performance.
17.2
It shall be the responsibility of sub-tenants at the start of their sub-tenancy to pay any reconnection
charges if they wish to have a telephone line and the service has been discontinued at the request
or default of a prior sub-tenant.
18.
Access
18.1
Provided the Owner complies with his obligations under clause 18.2 the University will allow the
Owner (where necessary with workmen and others) at all reasonable times during the letting period
to enter the Property for the purpose of:
18.1.1 repairing or painting the outside of the Property or carrying out any structural or other necessary
repairs to the Property, or otherwise complying with any of his obligations under this agreement;
18.1.2 examining the state and condition of the Property and of its contents.
18.2
The Owner’s obligations when seeking access to the Property are:
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18.2.1 To give 7 days’ prior written notice to the University or to arrange access with the occupiers and give
them at least 48 hours’ notice (but notice is not required in cases of emergency or in the case of a
reported defect or reported want of repair). Owners are encouraged to give notice by email or in
writing.
18.2.2 Wherever practicable, to carry out routine works and inspections between the hours of 9.00 am and
5.00 pm on Mondays to Fridays inclusive.
18.2.3 To ensure that all workers and contractors are properly supervised;
18.2.4 To ensure that any person entering the Property (particularly when inside the dwelling) will have due
regard at all times for the comfort, privacy and convenience of the occupiers.
18.3
The Owner will only carry out refurbishment, decoration, alterations or improvements to the Property
before or after (and not during) a sub-tenancy, unless the University has agreed in writing that such
works may be carried out during a sub-tenancy
18.4
The University will allow the Owner at all reasonable times during the letting period, to enter the
Property for the purpose of showing the Property to prospective tenants or purchasers PROVIDED
THAT:
18.4.1 Neither the University nor the occupiers shall be required to show viewers, estate agents or letting
agents round the Property;
18.4.2 The Owner must carry photographic verification of identity when visiting the Property for the first
time in any academic year. Where the Owner has instructed agents, the Owner must provide the
University in advance with the name of the agent and the agent must carry photographic verification
of identity when visiting the Property;
18.4.3 Not more than [ 3 ] viewings are arranged per week;
18.4.4 During the months of May, June and July, access for proposed sales or lettings will only be given
with the University’s prior written consent;
18.4.5 Where the University’s prior consent is required, the University shall be entitled to withhold consent,
make its consent subject to conditions, or withdraw its consent at any time.
18.5
If any excluded areas are listed in Schedule 1, the Owner shall have access to those areas but the
following conditions apply:
18.5.1 If the area is within the dwelling, the conditions in clause 18.2 apply;
18.5.2 If the area is outside the dwelling, the Owner will ensure that any person entering the excluded area
will have due regard at all times for the comfort, privacy and convenience of the occupiers.
18.6
The University will insert a clause in the sub-tenancy agreements requiring the students to give
access to the Owner at reasonable times, but the University shall not be liable for any refusal by an
occupier to give access where the University has done what it reasonably can to comply with its
obligations in this clause 18.
19.
Mortgaged and/or Leased Property
19.1
If the Owner holds the Property on a lease or subject to a mortgage, the Owner will pay the rents
and other sums payable under that lease or mortgage and will observe all obligations imposed on
him by that lease or mortgage except for those which are the University’s obligations under this
agreement
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19.2
The Owner warrants and represents to the University that the Owner owns the freehold or a long
lease of the Property and has obtained the consent of every mortgagee, superior landlord and other
third party required to enable the Owner to enter into this agreement
20.
Owners temporarily or permanently outside the UK
20.1
If the Owner’s usual place of abode is outside the UK, the Owner will notify the University of that fact
and will authorise the University to deduct and account for tax on any rent received. The Owner
hereby indemnifies the University against any liability to deduct and account for tax if the Owner’s
usual place of abode is outside the UK and the Owner has failed to notify the University of that fact.
Further information about the requirement to account for tax on rental income (including
confirmation of exemptions) is available at http://www.hmrc.gov.uk/cnr/nr_Owners.htm.
20.2
If the Owner’s usual place of abode is outside the UK, the Owner must appoint a managing agent in
the UK. The managing agent may be a friend or relative of the Owner, or a professional managing
agent. The Owner must promptly notify the University of any change in the managing agent’s
details during the lease. The managing agent’s address (as last notified to the University) shall be
valid as the Owner’s address for all purposes in connection with this agreement, including the
service of legal proceedings and the managing agent must be authorised to act on the Owner’s
behalf in relation to this agreement.
20.3
If the Owner will be leaving the UK for more than [ 5 ] days, the Owner must appoint a managing
agent and notify the University of the managing agent’s name, address and telephone number, and
the Owner’s expected date of return, before leaving the UK. The managing agent must be
authorised to act on the Owner’s behalf in relation to this agreement if, in the University’s
reasonable opinion, the matter is too important or urgent to await the Owner’s return.
21.
Ending the tenancy
21.1
In any sub-letting agreement the University will insert a provision requiring the sub-tenants to leave
the Property on the termination of the sub-letting agreement and a provision for early termination of
the sub-tenancy (subject to the sub-tenant’s statutory rights) in the circumstances of default listed in
the sub-letting agreement.
21.2 If the University fails in any material way to comply with its obligations in this agreement the Owner
may re-enter the Property in accordance with the following procedure:
21.2.1 in addition to any prior notice which the Owner is required to serve on the University, the Owner
must serve such other notice as may be required on the sub-tenants of the Property; and
21.2.2 the Owner must issue Court proceedings against the University and must serve notice of any such
proceedings on the sub-tenants; and
21.2.3 the Owner must obtain a Court Order for Possession enforceable only through the Court.
21.3
The Owner hereby indemnifies the University against any claim or action brought against the
University for unlawful eviction or harassment as a direct or indirect result of the Owner’s actions.
21.4
The rights of the Owner set out in this clause are without prejudice to the Owner’s right to recover
rent or other monies which may be due up to the date of termination of this agreement.
21.5
If the University becomes aware that the Owner has an unspent criminal conviction which, in the
University’s reasonable opinion would make the Owner unsuitable to be a landlord of student
accommodation the University may by serving notice on the Owner either:
21.5.1 Require an undertaking from the Owner that the Owner will not visit the Property unaccompanied by
a member of the University’s accommodation staff whilst the Property is occupied; and/or
21.5.2 Terminate this agreement on the date stipulated in the notice
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22.
General warranties and Indemnity
22.
The Owner represents and warrants to the University that he:
22.1.1 has no unspent criminal conviction which would lead a reasonable person to conclude that the
Owner is not a fit and proper person to participate in the University’s head-leasing scheme (or
where there is such a conviction, the Owner has disclosed it to the University);
22.1.2 is not aware of any statutory or public notices affecting the Property which would make the Property
unsuitable as a residence for students (or where there are any such notices, the Owner has
disclosed them to the University);
22.1.3 believes that the Property and its contents complies in all material respects with all legislation
applicable to rented shared student houses
22.2
The Owner will fully and effectually indemnify the University against all claims and/or costs
(including, without limitation, unsuccessful claims, professional fees and VAT) arising from:
22.2.1 the state or condition of the Property and/or its contents;
22.2.2 failure to comply with any of the Owner’s obligations in this agreement;
22.2.3 any misrepresentation made to the University;
22.2.4 any unlawful processing of sub-tenants’ personal data by the Owner;
22.2.5 any breach of the Owner’s warranties in this agreement; and
22.3
The Property will be held by the University, an exempt charity.
SCHEDULE 1
Excluded Areas
Part 1
List here any parts of the Property that the students will not have access to
Part 2
List here any parts of the Property that the students will have access to, but which the Owner also wishes to
use
SCHEDULE 2
Offer Letter
SIGNED by the Owner
____________________________________________________
In the presence of
Signature of witness
____________________________________________________
Address
____________________________________________________
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Occupation
____________________________________________________
SIGNED by a duly authorised
officer for and on behalf of
the University
____________________________________________________
In the presence of
Signature of witness
____________________________________________________
Address
____________________________________________________
Occupation
____________________________________________________
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