1. Introductory

Unless otherwise defined in these Rules of Residency, defined terms shall have the same meaning as set forth in each Tenant’s respective Tenancy Agreement.

 

2. Tenant’s Obligations and Prohibitions

 

The Tenant shall have towards the Landlord the following additional, but not exhaustive, obligations with relation to the use and enjoyment of the Suite:

 

• To keep the Suite, the Common Parts and their Contents in a clean and tidy condition.

 

• Abstain from doing any act or omit to take any action which may render the Common Parts or their Contents dirty or untidy or cause damage to them and shall pay the Landlord for repair or replacement of any lost or damaged Contents (unless caused by fair wear and tear or recovered on the Landlord's insurance) plus a minimum administration fee equivalent to 10% for arranging for the reparation or replacement of the lost or damaged Content. The Landlord shall be entitled to carry out inspections to ensure compliance with this clause but will usually give 24 hours' notice before entering the Suite. If there is evidence of serious non-compliance, the Landlord shall be entitled to proceed with a corrective or preventive action i.e. have the work carried out and re-charge the cost (or a fair proportion of the cost where the work concerned is the responsibility of several occupiers) to the Tenant plus the administration fee stipulated above.

 

• Not to affix anything (including aerials, cables or satellite dishes) to the exterior of the Building.

 

• To check Contents and report any discrepancy or defect in relation to it to the Landlord within three (3) working days of the delivery of the Suite to the Tenant. The absence of such report or complaint from the part of the Tenant within the aforesaid timeframe, will be regarded as an unreserved acceptance, by the Tenant, of the Contents’ unblemished and workable condition and any damage or defect that may appear or found on the Contents or on any part thereof shall be attributable to the Tenant and shall constitute an irrebuttable presumption or evidence of illegal action, contractual default and/or civil wrong against or from the part of the Tenant.

 

• Not to remove any of the Contents from the Suite or the Common Parts to which they are allocated without the prior written consent of the Landlord.

 

• To use the Contents carefully and not damage them.

 

• To reinstate the Contents in their original position and condition at the end of the Tenancy Period.

 

• Not to remove anything which is attached to any part of the Building.

 

• Not to change, damage, re-decorate or attempt to repair any part of the Building or the Contents, in any manner whatsoever.

 

• To reimburse and indemnify the Landlord for the proper and reasonable cost of making good or reinstating any removal, attachment, alteration or damage (unless it was caused by fair wear and tear or recovered on the Landlord's insurance). For avoidance of any doubt, damage or marks caused by fixing things to the walls, floor, ceiling, windows or doors will not be treated as fair wear and tear. If the Tenant marks a surface by using Blu Tack, Sticky Stuff, Poster Putty or similar products, and the mark will not clean off, the Landlord shall be entitled to charge the Tenant the cost of redecorating the surface. In addition to redecoration charges, the Landlord will charge the Tenant for the cost of repairing holes caused by nails, pins or screws.

 

• Not to do anything which may cause damage to the electrical installation or equipment in any part of the Building.

 

• Not to put anything harmful in or do anything likely to block the drains or pipes serving the Building and to take reasonable precautions to prevent pipes from freezing in the Suite.

 

• Promptly to report to the Landlord any failure of the Services and any damage to the Contents, or the Building, or any part of it.

 

• Not to bring any additional furniture into the Building without the Landlord's written consent.

 

• Not to obstruct corridors or fire escapes or do anything which may be a fire risk or in any other way put the health and safety or security of others or the Landlord's or other people's property at risk.

 

• Not to tamper with the Building’s fire prevention systems and control equipment (including not maliciously, recklessly or negligently activating such fire prevention systems) and to vacate the Building (and to ensure that any of his/her visitors vacate the Building), immediately whenever the fire alarm is sounded.

 

• If the Tenant chooses to move out of the Suite before expiry of the Tenancy Period, the tenancy will continue unless and until it is terminated in accordance with the provisions of clause 6 these Rules of Residency. For the avoidance of doubt, it is provided that handing back to the Landlord the access keys/cards and/or having them deactivated will not in itself constitute a termination of the Tenancy.

 

• Not to allow any third party to enter the Suite in the Tenant’s absence without the written consent of the Landlord.  Not to allow more than one visitor to stay in the Suite overnight and not to have an overnight visitor on more than 2 consecutive nights or more than 2 nights in the same week (Sunday to Saturday) without the written consent of the Landlord. Notwithstanding the above, extensions will be granted upon requests if it concerns visiting family or friends from other towns. If the Tenant has more than the permitted number of visitors or visits without having obtained the written consent of the Landlord, the Landlord shall be entitled to charge the Tenant for the additional occupation at the same rate per person as the Rent, without in any way acknowledging that the additional occupier(s) live in the Suite lawfully. The Landlord shall also be entitled to claim from the Tenant the Landlord's net losses arising as a result of the Tenant having more visits or visitors than are permitted by these Rules of Residency. For example, if another occupier leaves because the Tenant frequently exceeds the permitted visits, the Landlord may claim the lost rent from the Tenant.

 

• To be responsible for all the Tenant's invited visitors to the Building; to make those visitors aware of the need to behave responsibly and with respect for other residents, and to ensure or procure for the strict adherence by the visitors to the rules or obligations of the Tenant as prescribed in these Rules of Residency.

 

• To use the Suite for single residential occupancy (except for any visitor permitted by clause 2.18).

 

• Not to place any posters or notices (other than temporary notices of a domestic nature, such as “Back in 10 minutes”) so as to be visible from outside the Suite.

 

• Not to bring any animal into the Building unless it is a trained assistance animal for a person who has a disability.

 

• Not to cause any nuisance, offence, disruption, harassment, assault or persistent disturbance to others within the Building.

 

• Promptly to send to the Landlord a copy of any communication the Tenant may receive, which concerns or is likely to affect the Landlord, the Suite or the Building in any manner whatsoever.

 

• If the Tenant has not purchased parking space in the Building, not to park any vehicle on any part of the Building and not to allow any visitors to park any vehicle on the ground-floor of the Building without the written consent of the Landlord.

 

• If the Tenant has purchased a parking space in the Building, to park any vehicle only in the parking space which is specified in the first page of the Tenancy Agreement. Vehicle cleaning and maintenance are not permitted in the parking area.

 

• Not to cause any obstruction in any access way serving the Building or the Suite or neighbouring property.

 

• Not to leave litter or rubbish in any of the Common Parts (other than inside the bins in the bin stores) or any areas neighbouring the Building, and not to allow rubbish to accumulate in the Suite. The Landlord shall be entitled to carry out inspections to ensure compliance with this clause. If there is evidence of non-compliance, the Landlord may serve a notice on the Tenant (and any other occupiers) requiring corrective action and if that corrective action is not taken (within any reasonably specified timescale), the Landlord shall be entitled to have the work carried out and re-charge the cost to the Tenant (or a fair proportion of the cost where the work concerned is the responsibility of several occupiers). In addition to the cost of the work, the Landlord shall be entitled to charge an administration fee, equivalent to 10% of the cost of the work, for having to arrange the work and carry out a re-inspection. A reasonable timescale for removing rubbish which is a moderate hazard to health or safety is 24 hours, and less for a more serious hazard.

 

• To comply with all applicable legislation to avoid his/her actions or negligence having an adverse effect on the Landlord or on the owners or occupiers of nearby property. The Landlord's policy is one of constructive engagement with the police and other authorities where appropriate. For the purposes of this clause, possession, use, supply or dealing in any of the following will always be treated as a serious breach of the Tenancy Agreement if it happens in the Building or the surrounding area:

• Controlled drugs;
• substances which it is lawful to possess, with intent to induce a hallucinogenic, narcotic or artificially exalted state if that causes a nuisance to neighbours or other occupiers of the Building or damage to the Building or other people's property (and breach of this clause will be considered a serious breach of these Rules of Residency);
• stolen goods.

Notwithstanding the above, any other action which is illegal may be treated as a serious breach of the Tenancy Agreement if it happens in the Building or the surrounding area

 

• To allow the Landlord, and any workers acting on its behalf, access to the Suite at all reasonable times during the day for the purposes of viewing, inspection, maintenance and repair. The Landlord will normally give at least 24 hours' notice if access to the Suite is required but will be entitled to have immediate access in an emergency or where the Landlord has reasonable grounds to suspect that the Tenant is in serious breach of these Rules of Residency or where the Landlord has serious concerns regarding the Tenant's welfare. If the Landlord notifies the Tenant that access to the Suite is needed, and a time and date for access is agreed, the Landlord shall be entitled to enter the Suite at the agreed time whether or not the Tenant is present, but only for the purposes of exercising the Landlord's rights and/or carrying out the Landlord's obligations.

 

• Not to assign, underlet or otherwise dispose of or in any way part with the whole of the Suite or any part thereof.

 

• At the end of the tenancy:

• To clean the Suite;
• To leave the Suite and clear it of all the Tenant’s possessions and rubbish;
• To make sure all Contents in the Suite and (jointly with other occupiers) all Contents in the Common Parts are in the condition as described in the List of Contents and left in their original positions;
• To return to the Landlord all keys and access devices to the Suite, the Common Parts and the Building by 12 noon on the last day of the Tenancy Period.

 

• Not to use any chip pans, deep fat fryers or similar cooking equipment using a heated container holding oil more than 1cm deep in any part of the Building and not to use any high voltage devices, including portable heaters of microwaves, without the written consent of the Landlord.

 

• Not to light candles, joss-sticks, shisha pipes or any portable gas or oil burning fires in any part of the Building.

 

• Not to smoke cigarettes or pipes of any kind or use any other smoking or burning apparatus anywhere in the Building (including inside the Suite or in any communal or circulation areas such as stairwells, lifts, common rooms and offices). Breach of this clause will be considered a serious breach of these Rules of Residency and the Tenant shall be liable to pay a fine.

 

• Not to run a business or carry out any trade of any kind from the Suite or any other part of the Building.

 

• To notify the Landlord promptly if an infestation is found in the Suite or in any of the Common Parts and to pay the cost of cleaning the Suite (or a share of the cost of cleaning the Common Parts), removal and treatment by a specialised contractor, and replacement or repair of any furnishings damaged or contaminated by the infestation.

 

• Not do or omit anything as a result of which any policy of insurance of the Building may become void or voidable or otherwise prejudiced, or the payment of any policy money may be withheld, nor (unless the Tenant has previously notified the Landlord and has paid any increased or additional premium) anything as a result of which any increased or additional insurance premium may become payable;

 

 

3. Landlord’s Obligations

The Landlord shall have towards the Tenant the following obligations in relation to the tenancy:

 

• To provide the Services (subject to the Tenant paying any Claims payable for them).

 

• Except in the case of an emergency or for reported repairs or where the Landlord has reasonable cause for concern about the Tenant's welfare or to investigate a suspected or persistent serious breach of the Tenant's obligations to give the Tenant at least 24 hours' notice prior to entering the Suite.

 

• Not to interrupt the Tenant's occupation of the Suite more than is reasonably necessary.

 

• Not to disclose personal information obtained from the Tenant or the Guarantor (where applicable) except as permitted by these Rules of Residency.

 

 

4. Other conditions

 

• The Landlord is not liable to repair any damage caused by the Tenant (or their visitor) unless and until the cost is met by insurance or by the Tenant (any excess on the policy being payable by the Tenant) or unless and until the Landlord has a statutory obligation to do so. If the Landlord has a statutory obligation to repair any damage caused by the Tenant (or their visitor) the Landlord may nevertheless claim the cost of doing so from the Tenant in accordance with these Rules of Residency.

 

• The Landlord may temporarily suspend use of the Common Parts if they are not kept in a clean and tidy condition by the residents using them (provided that this does not create any health risk).

 

• The Landlord is entitled to remove and/or ask the Tenant to remove from the Suite or the Common Parts any article which constitutes an obstruction or a fire or health or safety risk or which (in the Landlord's reasonable opinion) is likely to cause damage to the Building but (unless perishable) will if requested return it to the Tenant on the termination of the tenancy (proper and reasonable removal and storage costs being payable by the Tenant).

 

• The Landlord shall not be liable to the Tenant under the implied covenant for quiet enjoyment for the actions or negligence of any other occupier in the Building if the other occupier's act or neglect is in excess of their own legal rights or in breach of the terms of their tenancy agreement.

 

5. Indemnity

 

The Tenant shall keep the Landlord indemnified against all Claims, liabilities, expenses, costs (including but not limited to any solicitors’ or other professionals’ costs and expenses or any court expenses), other claims, damages and losses (including but not limited to any diminution in the value of the Landlord's interest in the Building or the Suite and loss of amenity of the Suite or of the Building) suffered or incurred by the Landlord arising out of or in connection with any breach of any Tenant’s obligations under this Agreement, or any act or omission of the Tenant, or of his/her representatives, agents or visitors, whether a licensee, invitee or otherwise, or any other person on the Property being in the Suite or the Building with his/her actual or implied authority or for his/her interest.

 

 

6. Termination of the Tenancy Agreement

 

• The Landlord may terminate the Tenancy Agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit or procure for the signing of the Guarantee and Indemnity by the Guarantor (where applicable) as per the terms and conditions of the Tenancy Agreement and these Rules of Residency.

 

• The Landlord shall be entitled to terminate the Tenancy Agreement at any time before the Tenant takes possession of the Suite if the Landlord is reasonably satisfied that the Tenant deliberately or recklessly gave false information when applying for a tenancy.

 

• The Landlord shall be entitled to terminate the Tenancy Agreement at any time had the Tenant for a period of at least forty-five (45) consecutive days been in default of any payments as per the terms and conditions of the Tenancy Agreement and these Rules of Residency, including payment of Rent.

 

• Upon termination of the Tenancy Agreement for any reason pertaining to the Tenant, the Landlord shall be entitled, and the Tenant hereby expressly acquiesce to the Landlord’s right, authority and/or power to, enter or get access to the Tenant’s Suite and regain possession of it by moving the Tenant’s belongings to a safe warehouse or other place where the Tenant may collect them (reasonable removal and storage costs being payable by the Tenant). In addition, the Landlord shall have the right to deactivate the Tenant’s access/keycards to the Building and/or to the Suite and prohibit, prevent or stop the Tenant from entering or getting access to the Building, the Common Parts and/or the Suite.

 

• If the Tenant wishes to cancel their Tenancy Agreement, the Tenant will be liable for the Rent and any applicable Claims for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment.

 

• All parts of these Rules of Residency are fundamental and of the essence and any breach by either party of any such term and/or provision will entitle the other party to terminate the Tenancy Agreement.

 

• If the Tenant refuses to surrender possession of the premises to the Landlord at the end of the tenancy period or of the renewal period thereof (if the tenancy period shall be renewed), then the Tenant must pay to the Landlord in addition to (a) the monthly rent or revised monthly rent for each month or part of the month of possession of the premises, as the case may be, and (b) any other amount stipulated hereunder the amount of €25 per day, for every day which it detains/retains possession of the premises in addition to all expenses and fees, including legal fees, as shall arise in relation to the breach of this Agreement and/or the Tenant’s eviction.

 

7. At the end of the tenancy

 

• Unless already paid for during the Tenancy Period, the Landlord will invoice the Tenant within 21 days of the end of the tenancy for the costs of putting right any Tenant's breach of the tenancy terms and conditions and the Rules of Residency and the Tenant must pay the invoice within 14 days of the date on the invoice (without affecting the Tenant's rights in the case of a genuine dispute over the charges).

 

• The Tenant should try to inform the Landlord in writing if the Tenant intends to dispute any of the charges within 14 days of the date of the invoice.