Derventio Housing Trust 33 Boyer Street Derby DE22 3TB Tel: 01332 292776 Fax: 01332 292776 LEASE AGREEMENT The PROPERTY/IES The LESSOR (the legal owner of the property/properties detailed above) The LESSEE Derventio Housing Trust, 33 Boyer Street, Derby, DE22 3TB LEASE START DATE The CHARGES/RENT Rent will be paid in arrears no earlier than the 25 of each calendar month usual by BACS Direct Credit Transfer £ per month This document is intended to be a deed and is executed as such below SIGNED ________________________________ _____________________________ (The Lessor) (The Lessee) _______________________________ _____________________________ ________________________________ ________________________________ (Name) (Name) _________________________________ ________________________________ (Address) (Address) DATED In the presence of (witness) THIS LEASE AGREEMENT comprises the particulars detailed above and the terms and conditions printed below/overleaf. The above parties enter into a Lease agreement for the above mentioned property/ies for a period of not less than 3 years. The Lease agreement is renewable for further extended lease terms of not less than 12 months. At the expiration of this lease, the Lessee or its nominated agent will provide a minimum of 1 months’ notice in writing where it wishes to terminate this agreement. The Lessor may give the usual notice to seek possession of the property once it is outside of any Lease agreement term(s), or for any breaches during the Lease agreement term(s). Page 1 of 5 1) Lessor’s Responsibilities REPAIRS: Keeping in good repair the structure and exterior of the dwelling house (including drains, gutters and external pipes, perimeter fencing/walls, outbuildings structure, external painting and decorating). Keeping in good repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for the sanitation (including basins, sinks, baths, showers and sanitary conveniences, and other fixtures, fittings and appliances for making use of the supply of water, gas and electricity belonging to the Lessor or the property (e.g., central heating). To ensure that the property is made available in a good and lettable condition and that all health and safety regulations are complied with. The Lessor agrees to make the Lessee aware of any ongoing maintenance problems. HEALTH AND SAFETY: To ensure that the property complies with current health and safety requirements. The property will be required to have been inspected using the Housing Health & Safety Rating System’s 29 potential hazards to identify any property defects which the Lessor will rectify prior to commencement of this lease. Periodic inspections will be carried out by the Lessee and any defects found will be required to be rectified by the Lessor. The key regulations that must be complied with are: Fire and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 Gas Safety (Installation and Use) Regulations 1998 Electrical Equipment (Safety) Regulations 1994 The Plug & Socket etc. (Safety) Regulations 1994 GAS SAFETY: The Lessor must ensure the property complies with legal requirements regarding gas safety. Where not supplied, Gas safety certificates and inspections will be carried out by the Lessee and recharged to the Lessor. ELECTRICAL SAFETY: The Lessor must ensure the property complies with legal requirements regarding electrical safety, including PAT (portable appliance testing) of any electrical goods supplied including smoke alarm testing. Where not supplied, Electrical safety certificates and inspections will be carried out by the Lessee and recharged to the Lessor. SMOKE ALARMS: The Lessor must ensure each property is fitted with smoke alarms, they must be hard wired. These smoke alarms must be checked annually as part of the electrical safety inspection. FIRE SAFETY: Any furniture and furnishings, supplied by the Lessor, must meet minimum fire resistance standards. Any non-compliant items must be removed before the property is handed over to the Lessee. ENERGY PERFORMANCE CERTIFICATE: The Lessor must ensure the property has an Energy Performance Certificate. This certificate should be provided to the Lessee prior to the commencement of the Lease. INSURANCE: The Lessor must insure the Property/ies under a suitable ‘Landlords’ insurance scheme for Let properties. The insurance must cover the buildings, fixtures Page 2 of 5 and fittings and any contents provided by the Lessor. (A copy of the policy must be periodically supplied to the Lessee or its agent). NB The Lessee (or its nominated agent) will take out appropriate insurance to cover any contents items belonging to it. The personal effects and furniture and fitments belonging to any residents will be their sole responsibility. OWNERSHIP OF PROPERTY: By signing this agreement the Lessor confirms that they are sole or joint owners of the Property and that they have the right to rent out the property under the terms of their mortgage or head lease. . 2) Allowable Deductions from Rent and Costs 2.1) The Lessor agrees that the Lessee (or its nominated agent) may deduct the following from any rent due: - periodic gas and electrical safety test costs where these are not carried out by the Lessor within 1 month of them being due. - any repairs that are due to fixtures and fittings and buildings (heating systems, sanitary ware, electrical repairs, bricks and mortar repairs, etc) that have been notified to the Lessor and have not been carried out in a reasonable period of time (dependent on repair necessary: health & safety, enjoyment of the property amenities, or comfort repairs – within 24 hours for power/ sanitary/heating systems, 48 hours other emergencies, other internal/external repairs (e.g. external décor, within a reasonable period or time not more than 6 weeks, so long as this does not render any area of the property uninhabitable for longer than 1 week*) - any repairs to the outside of the property, including painting and decorating of the external woodwork, drain pipes, fencing and items attached to the property *NB any repairs that the Lessor is responsible for and are brought to his/her attention that render the whole or part of the property uninhabitable for more than 1 week after this notification, will mean that rent will not be payable until the property is returned to an habitable state. The Lessee (or its nominated agent) will provide the Lessor with quotations for any repairs necessary. The Lessor is free to choose their own supplier to remedy the repairs where these can be completed within the time frames set. 2.2) The cost to the Lessor is as follows: NB Resident/Tenant ‘service’ or ‘support’ charges are not part of the core rent and exclusively form part of the agreement between Derventio Housing Trust and the resident/tenant. 1) EARLY TERMINATION: Where the Lessor wishes to terminate this agreement early and Derventio Housing Trust agree to this termination at their sole discretion the following charges will apply: a. A fee of the equivalent of 1 months’ rent if this is within the first 6 months. b. £250 after 6 months and up to the end of the lease period, thereafter no fee will be payable. Page 3 of 5 3) Terms Of Lease 3.1) The Lessor may after giving the Lessee 24 hours written notice enter the property for the purpose of inspection for repairs. 3.2) The Lessee will have exclusive rights to place its residents/tenants in the property under any Licence or Tenancy terms it deems reasonable, bearing the cost of all tenancy administration and documentation, although the said Licence or Tenancy shall: a) not libel the lessee beyond the Lease or Periodic term without notice/agreement of the Lessor, b) not infringe any other terms set out in this agreement, c) not leave the property unoccupied for any period in excess of 1 month, without inspecting the property or informing the Lessor so he/she can inspect the property 3.3) The Lessee will a) provide an inventory for the property at the beginning and end of this agreement. Excluding reasonable wear and tear, the property will be handed back in a reasonable condition against the inventory provided. Wilful resident/tenant damage is covered to a maximum of a £250.00 bond per person and anything above this is excluded from this agreement and should be covered via the Lessors insurance. The Lessee will seek to recover any bond from the Tenant or Resident directly and where a deposit bond is collected this will be registered with the Deposit Protection Service and recovery sought from these monies. b) replace locks for doors and windows from time to time to ensure the security of the premises from past residents, the Lessor can at any time request for a copy of all keys to the premises, and will be supplied with a full set of current keys upon termination of this Lease. c) regularly inspect the property to ensure any repairs necessary by either party are completed or notified in a timely manner and that the Tenant/Resident is conducting their tenancy in a satisfactory manner and the property is kept in an acceptable condition. d) not place, or allow to be placed, any advertisement or notice or any paint or other to the outside of the property or where it can be seen from the outside of the property; e) use the Property only as a residence and will not operate, or allow others to operate, a business at the property or use it for any improper, immoral or illegal purpose; f) take action to minimise nuisance or annoyance to any neighbours and tackle any anti-social behaviour; 3.4) The Lessee will be responsible for appropriately informing utility companies and local authorities regarding council tax and utility bill liabilities during the term of this agreement. 3.5) The Lessor will be responsible for the payment of: - servicing of heating and electrical testing including as safety, electrical safety, fire alarm maintenance, smoke detector maintenance. * A copy of the Lessor’s certificate for gas or electrical servicing/testing conducted by suitably qualified personnel will be provided to the Lessee (or vice versa where the Lessee has conducted this on the Lessor’s behalf) Page 4 of 5 4) End of the Lease Agreement At the end of the Lease the Lessee will: a) obtain up-to-date utility bills for all services and inform utility companies of any liabilities in relation to tenants; b) return all the keys of the Property to the Lessor; c) Carry out any cleaning, repairs or damage up to the agreed bond amount that any residents/tenant of the property has left in a prompt and timely manner. NB Excepting that which should be covered by the Lessor’s insurance and that any reputable insurance company would cover. d) allow the Lessor or his agent access to the Property at reasonable hours during the final 28 days of this lease agreement, to show the Property to prospective Tenants or at any time to show the Property to a prospective purchaser or anyone acting on his/her behalf; Errors or Omissions Every effort has been made to ensure that the information and guidance in this Lease Agreement is accurate and correct. However Derventio Housing Trust cannot be held liable for any error, omission or inaccurate material. Page 5 of 5