TERMS & CONDITIONS

LICENCE AGREEMENT:

 

1. Licence To Occupy:

 

The Licensor grants to the Licensee the right to occupy the Property and the Licensee agrees to occupy the Property for the Term subject to the provisions contained in the Licence Agreement.

 

2. Definitions:

 

Where the context admits, the following definitions shall apply throughout this Licence Agreement:

 

“Credit Card” means the credit card (if any) provided by the Licensee at the time the License Agreement is entered into or such other credit card as may be acceptable to the Licensor;

“Deposit” means the sum of £                Sterling;

“Entry Date” means                            ;

“Furniture” means the contents, furniture and furnishings in the Property as detailed in the Inventory;

“Interest” means 4% per annum above the base rate of the Royal Bank of Scotland plc or its successors from time to time;

“Inventory” means the inventory of Furniture produced by or on behalf of the Licensor;

“Licence Agreement” means the contractual agreement between the Licensor and the Licensee created hereby;

“Licence Fee” means the sum of £                  Sterling [per day/week]:

“Licensee” shall, where two or more persons comprise the Licensee, include the plural and the obligations and conditions expressed to be made by the Licensee in the Licence Agreement shall be held to bind such persons jointly and severally;

“Licensor” shall include any person or persons who are vest in the licensor’s interest hereby created from time to time;

“Property” means                                                                             ;

“Term” means the period from 2pm on the Entry Date to 10am on the Termination Date;

“Termination Date” means                 or the date of earlier termination of the Licence Agreement;

“Utilities” means all utility services relating to the Property including electricity, gas, television and internet services but excluding telephone services; and

“VAT” means Value Added Tax and includes any similar tax from time to time replacing it or of a similar fiscal nature.

 

3. Licencee's Obligations:

 

The Licensee agrees:

 

3.1          If requested by the Licensor, to pay the Deposit to the Licensor no later than 48 hours prior to the Entry Date.  The Licensor will either retain the Deposit or deduct the Deposit from the Credit Card (whichever is applicable) and will be entitled to apply the Deposit against sums due by the Licensee for arrears of License Fee, the cost of pay per view services or internet/wi-fi/broadband charges above the standing charges paid by the Licensor, any damage to the Property or the Furniture, any additional cleaning charges, any loss of keys for the Property or any breach of the terms of the License Agreement.  In the event that the total sum due by the Licensee exceeds the amount of the Deposit, then the excess will be paid by the Licensee within seven days of receiving intimation of the excess and failing that the Licensor will be entitled to deduct same from the Credit Card. Subject to the foregoing, the Deposit will be repaid to the Licensee or credited to the Credit Card within 7 days after the Termination Date.

3.2          In the case of a Term of less than one month’s duration, to pay the Licence Fee in full to the Licensor prior to the Entry Date. 

3.3          In the case of a Term of at least one month’s duration, to pay the Licence Fee to the Licensor monthly in advance. 

3.4          VAT will be payable by the Licensee on the License Fee at the applicable rate from time to time.   The rate of VAT is currently 20% for the first 28 days of the Term.  After the first 28 days of the Term, VAT is only applied to the serviced element (20%) of the License Fee (i.e. after 28 days of the Term VAT is effectively charged at 4% of the whole License Fee).  However, in the event the reduced rate of VAT is not applicable due to the Licensee’s use of the Property the higher rate of VAT shall be payable by the Licensee on the Licence Fee.

3.5          To (i) vacate the Property (ii) return the keys to the Property to the Licensor or its agents and (iii) leave the Property in accordance with the Licensee’s obligations in terms of the License Agreement, all prior to 10am on the Termination Date.

3.6          To pay for all pay per view charges and any charges relating to Sky TV or any other television service or internet/wi-fi/broadband use at the Property during the Term over and above the standing charges paid by the Licensor.  All such charges will be charged to the Credit Card where applicable.

3.7          That the Property will not be used as the Licensee’s only or principal home.  Further, the Licensor and the Licensee acknowledge that (i) the Licensee’s occupation of the Property will not create an assured tenancy in terms of Section 12 of the Housing (Scotland) Act 1988 and (ii) the License does not constitute a lease and (iii) the Licensee shall not be entitled to any security of tenure beyond the Termination Date.

3.8          That the Property and Furniture are fit for purpose and in a good state of repair and decoration at the Entry Date.  The Licensee will maintain the interior parts of the Property and all Furniture in the same condition and repair as at the Entry Date and will deliver to the Licensor the Property with the interior parts of the Property in the same repair and condition on the Termination Date.   The Licensee will be liable for damage to the Property and for the replacement or repair of any article of Furniture broken or damaged during the Period, fair wear and tear excepted.  The Licensee will be liable for all repairs to the Property during the Term occasioned by the misuse, neglect or negligence of the Licensee or anyone in the Property with the authority (whether express or implied) of the Licensee.  The Licensee will replace any broken windows, glass or mirrors in the Property and will reimburse the Licensor for any excessive deterioration in the decoration of the Property.  The Licensee will not drive any nails or screws or picture hooks into the walls or interfere in any way with the decoration or fixtures of the Property.  The Licensee will keep the Property in a clean and tidy condition and will leave the Property in such condition at the Termination Date, and will be responsible for any additional cleaning charges incurred by the Licensor.

3.9          Not to remove any Furniture from the Property. At the Termination Date the Licensee will leave the Furniture in the rooms and places described in the Inventory or as found at the Entry Date.  The Licensee will not take any furniture into the Property without the Licensor’s prior written consent.

3.10       Not to obstruct gutters, sewers, drains, sanitary apparatus, water and waste pipes and ducts within or serving the Property.

3.11       To permit the Licensor or any party authorised by him or any agent approved by him at reasonable times and upon reasonable prior written notice (being not less than 24 hours save in case of emergency) access in order to view the Property or for the purpose of implementing the Licensor’s obligations of maintenance and repair or to inspect the Property in order to confirm that the conditions of the Licence Agreement are being observed and that the Property and the Furniture are being properly kept and maintained by the Licensee.

3.12       Not to assign this Licence nor to sublet the Property or any part thereof.

3.13       Not to permit more than four occupants (including the Licensee) to occupy the Property at any time.

3.14       Not to allow more than eight persons (including the Licensee and any other permitted occupants) to be within the Property at any time.

3.15       Not to carry on or permit to be carried on from the Property any profession, trade or business or receive paying guests or boarders or lodgers and only use the Property as a private residence.

3.16       Not to smoke in the Property and to ensure that any other permitted occupants or visitors do not smoke in the Property

3.17       To use all reasonable endeavours throughout the Term to prevent frost damage to pipes within the Property.

3.18       Not to act in a manner or pursue a course of conduct or permit any other occupier of or visitor to the Property to act in a manner or pursue a course of conduct which causes or is likely to cause nuisance, disturbance, alarm or distress to any person in the vicinity of the Property or which can be construed as antisocial behaviour in terms of the Antisocial Behaviour etc. (Scotland) Act 2004 and not to do or suffer to be done any act or thing which may vitiate any insurance of the Property or which may otherwise increase the premium payable therefor.  If the Licensee or any person or persons for whom the Licensee may be responsible commits any form of harassment (whether verbal or physical) or conducts themselves in such a manner as to cause nuisance or distress to others or as may be detrimental to the amenity of the Property or of any nearby property (as to which the Licensor's decision shall be final) then such conduct will be held to be a material breach of the License Agreement and the Licensee shall forfeit all rights under the License Agreement and the Licensor will be entitled to immediately (i) require the Licensee and any person or persons for whom he may be responsible to vacate the Property and (ii) terminate the License Agreement.

3.19       Not to affix or exhibit or permit or suffer to be affixed or exhibited on or from the Property any flag, placard, sign or poster of any description.

3.20       Not to pull down, alter add or in any way interfere with the construction of the Property or the external decoration thereof.

3.21       Not to keep any combustible or offensive goods provisions or materials on or at the Property and not to permit any waste (other than normal domestic refuse) or spoil to be kept on the Property.

3.22       Not to keep any animals on the Property.

3.23       To vacate the Property by 10am on the last day of the Term and to hand over all keys of the Property to the Licensor.  Without prejudice to any other remedies available to the Licensor, in the event the Licensee does not vacate the Property and return the keys by 10am on the Termination Date then the Licensor shall be entitled to charge a fee (comprising a pro rata proportion of the License Fee for an additional day) for each day (including the Termination Date) following 10am on Termination Date.

4. Licensor's Obligations:

The Licensor will:

 

4.1          Be responsible for (i) the costs of the Utilities (ii) the standing charges for broadband/wi-fi/internet and Sky TV at the Property but not any pay per view or additional charges relating to Sky TV or any other television service or internet/wi-fi/broadband use (iii) the telephone line rental (but not the cost of telephone calls) and (iv) the Council Tax levied on the Property during the Term. The Utilities, telephone line/number and Council Tax will remain in the name of the Licensor.  The Licensee shall have no rights of property in relation to the telephone number or the telephone line.

4.2          Insure the Property and the Furniture but the Licensor shall have no liability for the property of the Licensee or any permitted occupant or visitor to the Property.  The Licensee shall be responsible for insuring the Licensee’s personal belongings.  The Licensor gives no warranty that any licenses, consents or other necessary permissions for the Licensor’s occupation and use of Property have been obtained.

4.3          Maintain the Property in wind and watertight condition and pay any factoring or management fee levied in respect of the Property. 

4.4          Subject to the Licensee giving notice to the Licensor of any repairs required to the Property within 24 hours of becoming aware of such repairs, carry out any repairs which are the Licensor’s responsibility in terms of the License Agreement as soon as reasonably practicable.

4.5          Where the Term exceeds 7 days, arrange professional cleaning once per week and the weekly laundering of bed linen and towels at the Property.

5. Inventory:

The Inventory will be provided to the Licensee on the Entry Date and will be checked at the Entry Date by the Licensee.  In the event there is any inaccuracy in the Inventory, the Licensee shall notify such inaccuracy to the Licensor or its agents on the Date of Entry failing which the Licensee shall be deemed to have accepted the contents and accuracy of the Inventory.

 

6. Cancellation:

 

           6.1       In the case of a Term of less than one month’s duration, in the event that the Licensee cancels            or terminates the License Agreement more than 14 days prior to the Date of Entry, the Licensee will pay the     Licensor 25% of the License Fee for the Term.   In the event that the Licensee cancels or terminates the License Agreement less than 14 days prior to the Date of Entry, the Licensee will be liable to pay the Licensor 100% of the License Fee for the Term.

           6.2       In the case of a Term of at lease one month the Licensee shall not be entitled to cancel or terminate the Licence Agreement.

 

7. Default:

 

The Licensee shall reimburse to the Licensor all costs incurred by the Licensor in enforcing any of the Licensor’s rights under the License Agreement (including recovery of arrears of License Fee) in the event of default by the Licensee.  If the Licensee fails to pay the License Fee or any other sum due to the Licensor under the Licence Agreement within seven days of the same becoming due then the Licensee shall pay Interest to the Licensor on such outstanding sum from the date when it was due until paid.   In the event of (i) any material breach by the Licensee of any term of the Licence Agreement and such breach not being not remedied by the Licensee immediately upon the service of written notice of such by the Licensor upon the Licensee or (ii) any part of the License Fee or Deposit remaining unpaid for more than seven days, the Licensor may (at its option) re-enter the Property and terminate the Licence Agreement without prejudice to any other right or remedy available to the Licensor.

 

8. Service of Notice:

 

              8.1       Notices required to be served on the Licensor shall be sufficiently served if served on the Licensor at its registered office.

              8.2       Notices required to be served on the Licensee shall be sufficiently served if served on the Licensee at the Property

 

9. Governing Law:

 

The Licence Agreement shall be governed by and construed according to the laws of Scotland.  Any and all disputes in respect of this Licence Agreement and the Property which cannot be resolved amicably shall be resolved by reference to the Scottish Courts, the non-exclusive jurisdiction of which is hereby prorogated:  

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© AB11 PROPERTY GROUP Landlord Registration No. 204769/100/02130. Registered Office: Citypoint House, 11 Chapel Street, ABERDEEN, AB10 1SG. AB11 Apartments is a trading name of AB11 Property Group.