Licence Agreement

DRAFT COPY OF RESIDENT LICENCE AGREEMENT 

 

Dated

LODGERS LICENCE AGREEMENT

relating to

between

LIVING LONDON PROPERTY MANAGEMENT LIMITED

And

THIS  LICENCE is dated

Parties

(1)                                                                of           

(Licensee).

(2)                Living London Property Management Limited of 6 St Georges Court, 131 Putney Bridge Road, London SW15 2PA (Licensor).

Agreed terms

1.  Interpretation

The following definitions and rules of interpretation apply in this licence.

1.1 Definitions:

Accessways: the pedestrian ways, driveways, forecourts and car parks within the external areas of the Property.

Business Day: a day (other than a Saturday or Sunday) on which banks are open for general business in London.

Common Parts: the entrance halls, corridors, lifts, stairways and landings serving the Room and Facilities.

Default: any failure by the Licensee to:

(a) pay the whole or any part of the Licence Fee, council tax fee as stated herein, Utilities Costs and any other sums due to, or recoverable by, the Licensor under this licence and whether formally demanded or not;

(b) observe and perform any of the obligations of the Licensee contained or referred to in this licence; or

(c) pay any claims, demands, damages, losses, costs or other expenses arising out of, or incidental to, the enforcement of the obligations of the Licensee under this licence.

Deposit: £

Facilities: the kitchen, sitting room and bathroom(s) and garden (if any).

Furnishings: the Licensor’s furniture and furnishings in the Property (as set out in the Inventory).

Inventory: the inventory signed by the Licensor and Licensee and attached to this licence.

Lease:  a lease dated                      and made between the (1) Living London Property Management Limited and (2)

Licence Fee: the amount of  £                    fee per calendar month paid by direct debit to the Licensor.

Licence Fee Commencement Time and Date: Midday on

Licence Period: the period from and including the Licence Fee Commencement Time and Date                          until Midday                                 on the date on which this licence is determined in accordance with clause 6.  The Licence Agreement shall then continue (if applicable) on a calendar month by calendar month basis subject to the terms contained in this licence.

Payment Date: first day of each month (1st)

Property:

Room: bedroom number             or such room in the Property as the Licensor may allocate from time to time in accordance with clause 2.2(d).

Utilities: electricity, gas, water, sewage,tv licence to or from the Property (excluding council tax).

Utilities Costs: the cost of Utilities.

VAT: value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.

1.2  Clause headings shall not affect the interpretation of this licence.

1.3  Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.4  Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

1.5  Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use reasonable endeavours to prevent that thing being done by another person.

1.6 References to clauses are to the clauses of this licence.

1.7   A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.

1.8  Unless expressly provided otherwise, the obligations and liabilities of Licensee under this licence are joint and several.

1.9 reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

1.10  A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.11   A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

2. Licence to occupy

2.1  Subject to clause 3 and clause 6, the Licensor permits the Licensee during the Licence Period to:

(a) occupy the Room;

(b) use the Furnishings; and

(c)  pass along the Accessways and Common Parts, and to use the Facilities, in common with the Licensor and all others authorised by the Licensor.

2.2 The Licensee acknowledges that:

(a) the Licensee shall occupy the Room as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;

(b) the Licensee shall not be entitled to any statutory protection under the Housing Act 1988 when this licence terminates;

(c) the Licensor retains control and possession of the Room and the remainder of the Property and the Licensee has no right to exclude the Licensor from the Room or remainder of the Property;

(d) without prejudice to the Licensor’s rights under clause 6, the Licensor shall be entitled at any time on giving not less than two weeks’ notice to require the Licensee to transfer to a comparable room elsewhere within the Property or to another Living London property and the Licensee shall comply with such requirement;

(e)            the Licensor is entitled to retain keys for the Room (where applicable) and the Property, and the Licensor and any persons authorised by the Licensor may exercise the right to use these keys and enter the Room and the Property at any time; and

(f)             the licence to occupy granted by this agreement is personal to the Licensee and is not assignable, and the rights given in clause 2.1 may only be exercised by the Licensee.

3. Licensee’s obligations

The Licensee agrees and undertakes:

(a)            to pay to the Licensor:

(i)              the Licence Fee (payable without any deduction or set-off) in advance by standing order on each Payment Date (and proportionately for any period of less than a month), the first such payment being for the period from and including the Licence Fee Commencement Time and Date to the end of the month, and subsequent payments following such date to be made on the first day of each month. The Licensee agrees that, in relation to payments:

(A)              all payments must be made by direct debit on the firstday of each calendar month upfront with the payment reference code “                                        ”. The reference code must be used. Direct Debit payments must be set up prior to the commencement of the Licence Agreement;

(B)              monthly fee payments must be made on the first day of each calendar month in full; a default fee will be charged for late payment where the payment has been outstanding for 14 days or more;

(ii)            the Deposit on entering into this licence;

(iii)           within 14 days of demand by the Licensor a reasonable proportion of the Utilities Costs on the basis of the Licensor’s reasonable assessment of the Licensee’s use, and such other costs as set out in clause 4(b);

(b)            to pay to the Licensor an early termination fee of £250.00 to release the Licensee from the minimum term stipulated in Clause 6.1(a) (“Minimum Term”). The Licence Fee remains payable until a replacement Licensee has assumed occupation of the Room within the Minimum Term;

(c)            to pay to the Licensor a fee of £75.00 for the professional cleaning of the Room after the Licensee has vacated the Room at the end of the Licence Periodshould it not be cleaned to a professional standard;

(d)            to keep the Room, the Facilities and the Common Parts clean, tidy and clear of rubbish and any personal possessions or furniture; not to keep, store or bring bicycles into the hallway or any other internal common part of the Property;

(e)            not to cause any damage to the Room or any other part of the Property;

(f)             not to tamper with, adjust or move the “Hive” or “Nest” system or its cover, the thermostat or programmer or any part of the central heating controls; the use of electric fan heaters or similar devices is a not permitted.  Remote thermostats are fitted to theProperty. The heating and hot water is managed by the Licensor. It is not permitted for Licensee to alter or tamper with the controls or settings;

(g)            keep a protective mattress cover (in addition to any ordinary bed sheets) on the mattress throughout the duration of thislicence;

(h)            to notify the Licensor of any damage to the Property or Furnishings caused by the Licensee or the Licensee’s visitors;

(i)              to use the Room solely for living in and not for business purposes;

(j)             not to permit anyone else to stay in the Room;

(k)            not to have installed a lock on the door to the Room;

(l)              not to make a copy of the set of keys provided by the Licensor (except if such copy is made only for the Licensor as set out in this licence);

(m)          if the Licensee loses the keys provided, to notify the Licensor without delay, and bear the reasonable cost of replacement keys and locks (as appropriate) for the residents of the Property – replacement key cost is £30.00;

(n)            not to prevent the Licensor or any person authorised by the Licensor from entering into the Room and remainder of the Property;

(o)            not do or permit or suffer to be done anything upon the Property which may cause damage to or deterioration (i) of the internal or external surface thereof; (ii) the coverings or decoration of such surfaces and in particular shall not hang, affix (using blu-tac or some such material), place or stand any picture, placard, poster or similar item upon in or against any wall and shall not pierce, nail, pin, screw, peg or bolt into any walls or ceilings;

(p)            not to smoke in the Property;

(q)            not to keep any animals on the Property;

(r)             not to play any musical instrument or loud music between the hours of  8 pm and 8 am;

(s)             not to use the Licensor’s telephone or telephone line for anything other than the use of the internet provided complimentary by the Licensor; not to alter the setting or passwords of the internet router provided by the Licensor;

(t)             not to do or permit to be done in the Property anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Licensor or the Licensor’s agents or to the other residents of the Property and their visitors or any owner or occupier of neighbouring property;

(u)            not to cause or permit to be caused any damage to:

(i)              the Property or any neighbouring property; or

(ii)            any property of the owners or occupiers of the Property or any neighbouring property;

(v)            not to obstruct the Accessways or Common Parts;

(w)           not to do anything that will or might vitiate in whole or in part any insurance in respect of the Property, or increase the insurance premium;

(x)            to observe any reasonable rules and regulations the Licensor makes and notifies to the Licensee from time to time governing the Licensee’s use of the Room and Facilities;

(y)            to leave the Room in a clean and tidy condition and to remove the Licensee’s possessions at the end of the Licence Period;

(z)            not to use any electric fan heaters, heated clothes dryers and other electrical items;

(aa)        to provide the Licensor with contact details when this licence terminates;

(bb)        to indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:

(i)              this licence;

(ii)            any breach of this license;

(iii)           any breach of the Licensee’s undertakings contained in clause 3; and/or

(iv)          the exercise of any rights given in clause 2; and

(cc)         not to do anything that would or might cause the Licensor to be in breach of the tenant’s covenants and the conditions contained in the Lease;

(dd)        to pay to the Licensor (where payment hereunder remains outstanding for 14 days) interest on such payments at the rate of 3% per annum above the base rate of Nat West Bank from time to time calculated in accordance with the Tenants Fees Act 2019 (as amended, supplemented or varied from time to time) on a daily basis from the due date until the date that payment is made(whether such interest is formally demanded or not);

(ee)         to pay the Licensor a one-off fee of £150.00 for council tax prior to occupation of the Room; and

(ff)          to pay a £50 fee (or such other fee as stipulated by the Tenants Fees Act 2019 (as amended, varied or supplemented from time to time) for any variation, assignment or novation to this licence which is requested by the Licensee  (including but not limited to any variation for a change in room or property).

4.Licensor’s obligations

The Licensor agrees and undertakes:

(a)            to provide the Licensee with one set of keys for the Property;

(b)            to pay to the relevant suppliers the Utilities Costs. The Licensor shall provide the Licensee with billing statements from the relevant authorities upon request. Should the total utility bills for the Property exceed £350.00 per calendar month, then the Licensee agrees to pay the excess amount within 7 days of the Licensor’s demand;

(c)            to pay the balance of council tax in respect of the Property;

(d)            to refund the Deposit to the Licensee within 30 days of termination of this licence, subject to deduction of such proportion of the Deposit as may be necessary to make good any default by the Licensee. The Licensor shall make a domestic bank transfer (international transfers may be subject to further charges to be paid by the Licensee) for the amount due to the account number provided by the Licensee or transfer by bank transfer, but shall not pay any interest on the Deposit;

(e)            to provide the Licensee with a copy of any insurance policy relating to the Property upon request;

(f)             to arrange for the Facilities and Common Parts to be cleaned every week and to provide cleaning products suitable for this purpose as a complimentary service. The Licensor shall not be responsible for any lack of service;

(g)            to supply loo rolls at a rate of one loo roll per person per week to the property as a complimentary service; and

(h)            to provide complimentary broadband service to the property. The Licensor will not be held responsible for any lack in coverage of service.

5. Health and Safety

The Licensor confirms that:

(a)            the Furnishings are fire resistant;

(b)            the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451) have been satisfied and a gas safety certificate is available for inspection by the Licensee; and

(c)            the electrical appliances provided by the Licensor are safe and all appliances manufactured after 19 January 1997 are marked with the relevant CE symbol.

6.                   Termination

6.1                This licence shall end on the earliest of:

(a)             

(b)            the date the Head Lease terminates, becomes unavailable or otherwise expires or comes to an end with the Licensor;

(c)            the expiry of not less than two weeks’ notice given by the Licensor to the Licensee if the Licensee breaches any of the Licensee’s obligations contained in clause 3; and

(d)            only after the expiry of the period in clause 6.1(a), the expiry of not less than one full calendar month given by either party. Should the Licensee wish to terminate the licence under this subparagraph (d), then one full calendar month’s notice will be needed and must run in line with the License Fee dates (that is, the last day of each month).

6.2                Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence, which existed at or before the date of termination.

6.3                If this licence terminates in accordance with clause 6.1:

(a)            The Licensee shall not be obliged to pay the Licensor the relevant proportion of the Licence Fee, council tax and Utilities Costs that relates to the period after this licence terminates, as calculated on a daily basis; and

(b)            on the date on which this licence terminates, the Licensor shall refund to the Licensee the relevant proportion of any sums already paid by the Licensee relating to the Licence Fee, council tax and Utilities Costs in respect of the period after this licence terminates, as calculated on a daily basis.

6.4                Should the Head Lease expire, be terminated or cancelled, become unavailable or otherwise come to an end, or if the Licensor is no longer permitted to occupy the Property, then the Licensor and Licensee agree that this licence will terminate immediately and the Licensee will vacate the Property at the time requested by the Licensor. The Licensee agrees that it releases the Licensor from any liability under this Licence as a result of such termination and the Licensee will not bring any action or claim against the Licensor with respect to such termination.

7.                   Limitation of Licensor’s liability

7.1                Subject to clause 7.2, the Licensor is not liable for:

(a)            the death of, or injury to, the Licensee or visitors to the Property; or

(b)            damage to, or theft of, any possessions of the Licensee or the Licensee’s invitees to the Property;

(c)            any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Licensee or the Licensee’s invitees to the Property in the exercise or purported exercise of the rights granted by clause 2; or

(d)            the acts or omissions of any other resident of the Property or their visitors.

(e)            the acts or omissions of any third party supplier to the Property (including but not limited to  third party cleaning services, broadband suppliers).

7.2                Nothing in clause 7.1 shall limit or exclude the Licensor’s liability for death or personal injury or damage to property caused by negligence on the part of the Licensor.

8.                   Third party rights

A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.

9.                   Notices

9.1                Any notice or other communication given to a party under or in connection with this licence shall be in writing and shall be:

(a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

(b) sent by email to the address notified by the Licensor and Licensee.

9.2                Any notice or communication shall be deemed to have been received:

(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the first Business Day after posting or at the time recorded by the delivery service.

(c) if sent by email, on the earlier of the date the email is received by the recipient and at 9.00 am on the next Business Day after transmission (subject to no error in transmission reports being received).

9.3                This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

9.4                A notice given under this licence is valid if sent by email. Any correspondence by email in relation to notice and any agreement reached over email is valid for the purposes of this licence.

10.                Governing law

This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

11.                Jurisdiction

Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).

This licence has been entered into on the date stated at the beginning of it.

Signed by LICENSOR Date …………………………………          
for and on behalf of Living London Property Management Limited)         
Signed by LICENSEE Date …………………………………