LONDON NEST – SUPPLY OF PROPERTY SERVICES CONTRACT
| London Nest: | London Nest Limited (No. 07422337) |
| London Nest’s address: | London Nest Ltd. 25 Horsell Road, London, N5 1XL, United Kingdom. |
| London Nest’s VAT number: | 155859272 |
| Services Start Date: | The date the Contract is entered into by the parties. |
| Services: | the property management and advisory as further detailed below.
In respect of the services please note for the avoidance of any doubt, London Nest will not be responsible in any way for any obligations of the landlord of any particular property. It is important that the Client and the Client’s customers are aware that they will need to enter into a separate arrangement at their own risk with the landlords of the properties directly and that London Nest’s sole responsibilities are set out in the scope of the services. London Nest cannot be responsible for day to day maintenance of the property and the Client and the Client’s customers need to ensure that they have adequate contractual protection in this regard with the landlord directly. |
| Charges: | Rates as further detailed in below including the applicable cancellation payments and any best rates prices that cannot be cancelled. |
1 DEFINITIONS AND INTERPRETATION
1.1. In these Tenancy Terms and Conditions:
“Booking Details” means the Booking Details above setting out the details of the Room, the Property, Your Payments and the Length of Stay (among other things)
“Contents” means the furnishings, fixtures and fittings in the Room or Flat Common Areas as listed on the inventory to be provided to you on moving-in to the Room
“Deposit” means the deposit for the amount stated in the Booking Details and which will be used as security for the performance of your obligations as specified in these Tenancy Terms and Conditions
“DPA” means the Data Protection Act 1998 (as amended) and all other applicable data protection, privacy and security laws, regulations, statutory instruments and codes of practice in force from time to time
“Flat” means the flat referred to in the Booking Details, including its Contents, but excluding the Service Media in the Flat
“Flat Common Areas” means the Flat, other than the Room and other rooms within the Flat (to be occupied exclusively by other tenants of the Flat)
“Landlord” means the Landlord as referred to in the Booking Details
“Length of Stay” means the length of stay as specified in the Booking Details being the period from and including the Start Date and ending on and including the End Date as specified in the Booking Details
“Housing Act 1988” means the Housing Act 1988 (as amended by the Housing Act 1996)
“Payment Schedule” means the Payment Schedule in the Booking Details setting out the amounts and the dates on which payments must be made
“Personal Data” means data which relates to a living individual who can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into possession of the Landlord and includes any expression of opinion about you or the Guarantor and any indication of the intentions of the Landlord or any other person in respect of you or the Guarantor
“Property” means the Property identified in the Booking Details where the Room, Flat, Flat Common Areas and the Property Common Areas are situated
“Property Common Areas” means the entrance hall, stairs, corridors, laundry, courtyard, lifts, bicycle store (where applicable) and any other common areas in the Property provided for the benefit of all tenants
“Regulations” means such regulations as we may make for the purpose of ensuring the safety, security, cleanliness and good management of the Property, any part of it, or the comfort or convenience of the tenants of rooms or flats in the Property, or the efficient or economical performance by us of our obligations under the Tenancy Agreement
“Rent” means the amount stated as the Payment Total in the Booking Details
“Room” means the Room as referred to in the Booking Details including its Contents, but excluding the Service Media within the Room
“Service Media” means central heating and hot water systems, electrical services for power and lighting, drainage and water services, and any data or phone services provided
“Special Conditions” means the Special Conditions referred to in the Booking Details
“Tenancy Agreement” means the tenancy agreement constituted by the Booking Details together with these Tenancy Terms and Conditions
Unless set out to the contrary above, all terms defined in the Booking Details shall have the same meanings given to them in these Tenancy Terms and Conditions
1.2. The expression “Landlord” includes successors in title and any other person who at any particular time has the right to receive rent under the Tenancy Agreement
1.3. When used in these Tenancy Terms and Conditions, the expressions “us” “we” and “our” shall be taken as references to the Landlord and the expressions “you” and “your” shall be taken as references to the Tenant
1.4. Any obligation on us or you not to do any act or thing is also an obligation to take all reasonable steps not to permit or suffer any other person to do any such act or thing
1.5. If any party to this Tenancy Agreement comprises two or more persons, all obligations and liabilities of that party are joint and several. This means that where, for example, the Tenant is more than one person, each person will be liable for all sums due under the Tenancy and not just liable for a proportionate part
1.6. Headings used in these Tenancy Terms and Conditions are for convenience only and are not to be considered in interpreting the Tenancy Agreement
1.7. The Tenancy Agreement is an Assured Shorthold Tenancy as defined by sections 19A and 20 of the Housing Act 1988 and the provisions for the recovery of possession by us in the Housing Act 1988 apply to the Tenancy Agreement
1.8. If when this Tenancy Agreement is signed you are under 18 years of age, the Tenancy Agreement will as a matter of law take effect as a licence to occupy until such date as you become 18
1.9. A reference to written or writing includes e-mail
2 THE LETTING
2.1. We let the Room to you for the Length of Stay subject to these Tenancy Terms and Conditions
2.2. You are granted the following rights for the benefit of the Room in common with us and all other tenants of the Property (including all other persons from time to time duly authorised by us)
2.2.1. the right to use the Property Common Areas and the Flat Common Areas, including the right to come and go to and from the Room over such of the Building Common Areas as are designed or designated to allow access; and
2.2.2. the right to use the shared facilities within the Flat Common Areas
2.3. We reserve the right for ourselves and all those authorised by us to enter the Room and the Flat on reasonable written notice (except in an emergency) for any purpose mentioned in these Tenancy Terms and Conditions, including inspections, viewings with prospective tenants, repairs and alterations
2.4. We also reserve for ourselves and all those authorised by us the right to the free passage and running of water, soil, gas and electricity through any pipes, cables, wires, drains or sewers passing in or through the Room and the Flat
2.5. This Tenancy Agreement is conditional on: (a) you remaining a student in full time education throughout the Length of Stay; (b) that you are not in breach of any previous tenancy with us; and (c) you have no unspent criminal convictions. If you breach this condition you will be in breach of the Tenancy Agreement, although such a breach will not allow you to avoid liability under the Tenancy Agreement. Similarly, if we have reasonable cause to believe that you have committed any act of fraud or other similar criminal activity in entering into this Tenancy Agreement or in making any payment due under this Tenancy Agreement, you will be in breach of its terms
2.6. If you breach any of these Tenancy Terms and Conditions, we reserve the right to (and you expressly consent that we may) inform your Guarantor, the academic establishment at which you are studying and any other relevant authorities of the circumstances of your breach
3 OUR OBLIGATIONS
3.1. We agree with you that if you pay the Rent and all other payment included in the Payment Schedule and perform all your obligations under the Tenancy Agreement, then you may possess and enjoy the Room during the Length of Stay without any interruption from us or any person acting on our behalf (except for any reason expressly set out in these Tenancy Terms and Conditions) and we will:
3.1.1. maintain and repair the structure of the Property including the window frames and window glass
3.1.2. maintain, repair, decorate and provide adequate heating and lighting to the Property Common Areas and the Flat Common Areas; and to clean the Property Common Areas
3.1.3. maintain all Service Media serving the Flat, the Property Common Areas and the Flat Common Areas
3.1.4. provide a supply of hot and cold water, heating and electrical power to the Flat
3.1.5. provide security facilities for the Property; and
3.1.6. provide and maintain equipment in the Property Common Areas and the Flat Common Areas
3.2. We reserve the right during the Length of Stay to move you to alternative accommodation (which may be in a hotel) for the purpose of carrying out emergency repairs to the Room and/or the Flat or if we consider it necessary or desirable to avoid difficulties between tenants or for the better management of the Property PROVIDED THAT:
3.2.1. you are given reasonable notice
3.2.2. the alternative accommodation is of no lesser standard than your Room/Flat; and
3.2.3. you will occupy the alternative accommodation on the same terms as those of the Tenancy Agreement
3.3. We will accept delivery of your parcels and mail in accordance with our Parcel Delivery Service Terms and Conditions (as published on the https://www.londonnest.com website), which you accept by entering into this Tenancy Agreement unless you let us know otherwise. If you do not accept the Parcel Delivery Service Terms and Conditions we will not accept delivery of parcels and mail addressed to you.
4 YOUR OBLIGATIONS
4.1. You agree to:
4.1.1. accept the Room, Flat, Property Common Areas, Flat Common Areas and the Property as being in good and tenantable repair and condition and fit for the purposes for which they are let and/or intended to be used from the Start Date unless you let us know in writing of any defects in the condition and repair within 48 hours of you moving into the Room (which means when you collect the keys for the Room)
4.1.2. accept that all the Contents are present in the Room and Flat unless you let us know in writing that items are missing from the inventory within 48 hours of moving into the Room
4.1.3. provide us with a certificate of exemption for council tax. You are responsible for the payment of council tax and you will reimburse us for any council tax we are required to pay as a result of you not providing us with a certificate of exemption.
4.1.4. comply with any Special Conditions
4.1.5. comply with any Regulations which we may notify you of in writing, if there is any conflict between these Tenancy Terms and Conditions and those Regulations, these Tenancy Terms and Conditions will apply
4.2. You agree to pay to us in full the Rent and all other payments on the dates set out in the Payment Schedule. You will not off-set any amounts against the Rent or any other amounts due. We are not required to send reminders about payment due dates
4.3. Anybody who makes payments on your behalf towards Rent or other amounts due from you under this Tenancy Agreement does so as your agent. Where applicable, funds will only be returned to you following the end of the Length of Stay except for the deposit which will be refunded to the person who originally paid it (unless this is no longer possible and in which case payment will be made to you)
4.4. If payment of the Rent or any other money due from you under this Tenancy Agreement is late we reserve the right to:
4.4.1. remove internet access whilst your account is in arrears
4.4.2. refer your account to a debt collection agency and charge you all reasonable costs and expenses (including legal costs) and any VAT incurred by us in order to recover outstanding Rent or other monies unpaid by you; and
4.4.3. enter the Flat Common Areas (with reasonable written notice) to discuss arrears
5 YOUR OBLIGATIONS TO MAINTAIN THE ROOM/FLAT
5.1. You agree that you will:
5.1.1. maintain the Room, its Contents and, with the other tenants of the Flat, the Flat Common Areas in at least as good repair, condition and decorative order and level of cleanliness as they are in at the Start Date (except for damage by accidental fire and water from the Service Media and fair wear and tear). The inventory we provide you on moving in to the Room shall be evidence of the Contents existing condition, and any defect shall be noted on the inventory in accordance with Clause 4.1.2
5.1.2. not remove any of the Contents from the Room or Flat and notify us of any damage in the Room and/or the Contents and/or the Flat and/or the Property
5.1.3. operate the Service Media and electrical appliances in the Flat in accordance with the manufacturer’s instructions and not change, damage, alter or interfere with them and ensure that any electrical appliances which are not supplied by us comply with all relevant standards and regulations
5.2. You also agree to pay us a fair and reasonable proportion, as determined by, of any costs we incur in repairing any damage to the Room or the Flat or the Contents, which damage is caused by you or your failure to adhere to your obligations under this Tenancy Agreement. Unless there is evidence to the contrary, these costs shall be apportioned as if:
5.2.1. you caused the damage to the Room (or the Contents of the Room); and
5.2.2. all the tenants of the Flat caused the damage to the shared facilities or Contents in the Flat Common Areas.
6 TENANT CONDUCT
6.1. You agree that you will occupy the Room/Flat for personal residential purposes only and that you will not:
6.1.1. sublet the Room or share occupation of the Room
6.1.2. carry out any profession, trade or business in the Room or the Flat
6.2. You also agree that you will not use the Room, the Flat or the Property for any improper, immoral or illegal purpose nor in any way which may, in our reasonable opinion, be a nuisance, damage or annoyance to the other tenants of the Property, or neighbours. In particular, you will not:
6.2.1. smoke in the Property (including E-cigarettes)
6.2.2. cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Flat Common Areas can be heard outside the Flat Common Areas
6.2.3. keep or use drugs or psychoactive substances, the possession or use of which is prohibited by law (including but not limited to the Misuse of Drugs Act 1971 or the Psychoactive Substances Act 2016)
6.2.4. keep or use any firearms, knives (other than kitchen knives), or any other weapons
6.2.5. harass, threaten or assault any other tenants, their guests, our employees or any other person
6.2.6. tamper with our fire prevention systems and control equipment (including not maliciously, recklessly or negligently activating such fire prevention systems) and to vacate the Property (and to ensure that any visitors you have also vacate the Property), immediately whenever the fire alarm is sounded
6.2.7. use designated fire escapes except for the purposes of emergency escape
6.2.8. keep, store or use any gas or oil heater or other fuel burning appliance in the Property, including candles and any other flame lit device
6.2.9. keep any animal, bird, insect or reptile
6.2.10. erect any external wireless or television aerial or satellite dish at the Property or hang clothes or fabrics out of the windows or doors of the Property
6.3. You will also make sure that any guests/visitors you may have to the Property comply with the provisions of this Clause 6 and you agree that you will be responsible for the conduct of guests/ visitors
7 TRANSFER OF TENANCY
7.1. You agree that you will not transfer the tenancy created by the Tenancy Agreement to anyone else without first obtaining our written consent, which we will not unreasonably withhold. However, we may as a condition of the proposed transfer:
7.1.1. charge you an administration fee of £90;
7.1.2. require the incoming tenant to provide a guarantor of his/her own in respect of the obligations of the incoming tenant under the Tenancy Agreement; and
7.1.3. require the incoming tenant to enter into an agreement with us which confirms that the incoming tenant will observe and comply with the obligations of the Tenant contained in the Tenancy Agreement.
8 WHEN YOU LEAVE
8.1. You agree to:
8.1.1. return your key to the Room/Flat/Property to us at the end of the Tenancy Agreement no later than 10am on the date the Tenancy Agreement ends
8.1.2. pay all reasonable and proper costs and expenses (including legal costs), incurred by us in or in reasonable consideration of proceedings to recover possession of the Room and/or outstanding Rent and/or any other sum incurred as a result of you not performing your obligations under the Tenancy Agreement.
9 COMPLAINT PROCEDURE
We are committed to providing a professional service to all our clients and customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.
We will where appropriate, make reasonable adjustments for consumers who might be disadvantaged because of factors such as their age, infirmity, disability, lack of knowledge, lack of linguistic or numeracy ability, economic circumstances, bereavement or do not speak English as a first language.
If you have a complaint, please put it in writing to info@londonnest.com, including as much detail as possible. We will then respond in line with the timeframes set out below
What will happen next?
- We will send you written acknowledgment of the receipt of your complaint within three working days of receiving it, enclosing a copy of this procedure.
- We will then investigate your complaint. This will normally be dealt with by the office manager who will review your file and speak to the member of staff who dealt with you. A formal written outcome of our investigation will be sent to you within 15 working days of receipt of the original complaint.
- If, at this stage, you are still not satisfied, you should contact us again and we will arrange for a separate review to take place by a senior member of staff.
- We will write to you within 15 working days of receiving your request for a review, confirming our final viewpoint on the matter.
- If you are still not satisfied with our final viewpoint (or more than 8 weeks has elapsed since the complaint was first made) you can request an independent review from The Property Ombudsman without charge:The Property Ombudsman, Milford House, 43-55 Milford Street, Salisbury, Wiltshire, SP1 2BP
Make a Complaint – The Property Ombudsman (tpos.co.uk)
10 AGREEMENTS AND DECLARATIONS
10.1. It is agreed between you and us that if:
10.1.1. the whole or any part of the Rent is unpaid for one month after it becomes due (whether legally demanded or not); or
10.1.2. there has been a breach, non-performance or non-observance of your obligations; or
10.1.3. any of the grounds set out in the Housing Act 1988 Schedule 2 Grounds 2, 6, 8, 10-15 (inclusive), and 17 apply then we may apply for a Court Order stating that we shall repossess the Room as if the Tenancy Agreement has not been granted. If the Court Order is granted the Tenancy Agreement will end immediately but without prejudice to any right of action or remedy either you or we may have in respect of any previous breach of the other’s obligations under the Tenancy Agreement.
10.2. If the Room, Flat and/or Property are destroyed, or are otherwise damaged so as to make the Room and/or Flat incapable of occupation, then we or you may end the Tenancy Agreement by giving the other one month’s written notice.
11 GUARANTEE
11.1. The Guarantor will make sure that you pay the Rent and perform and observe your obligations under the Tenancy Agreement. If you do not pay the Rent and/or perform and observe your obligations, the Guarantor will do so instead and the Guarantor is liable to reimburse us for any losses, damages, costs and expenses suffered by or incurred by us as a result. We are under no obligation to bring any claims against you before bringing any action against the Guarantor.
12 DATA PROTECTION
12.1. London Nest Limited complies with the DPA. As part of this, the Information Commissioner has been notified of all Personal Data held by us.
12.2. We are committed to ensuring that all information entrusted to us by our partners, suppliers, customers and staff is protected in accordance with its level of confidentiality and sensitivity and associated risks. The collection of Personal Data will be fair and legal, and you will be offered the opportunity to opt out of any processing which is not necessary for the completion of the service which you requested.
12.3. By signing your Tenancy Agreement and accepting these Tenancy Terms and Conditions, you hereby expressly consent and authorise us to disclose your Personal Data to Law Enforcement, Universities, Guarantors, Family Members and specified third parties.
12.4. We reserve the right to disclose your Personal Data to assist in the prevention of crime or to protect the vital interests of a customer or an employee.
13 SEVERABILITY
If any term, condition or provision contained in the Tenancy Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of the Tenancy Agreement shall not be affected.
14 NOTICES
As required by Section 48 of the Landlord and Tenant Act 1987 you are hereby notified that you may serve notices (including notices in proceedings) on us by you at the following address (and addressed to the Landlord):
25 Horsell Road,
London,
N5 1XL,
United Kingdom.
The address for service of notices on you is the address for the Room as set in the Booking Details.
15 JURISDICTION
This agreement 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 the law of England and Wales.