This rental agreement is made between the guest (“the Guest”) and the owner(s) (“the Host”) of the rental property (“the Property”) as set out in the Guest’s reservation (“the Reservation”) in relation to the Property.
The main terms of the rental:
PROPERTY: The Host lets to the Guest the Property together with the Fixtures and Fittings in and on the Property (“the Rental”).
CONTENTS: The Property shall be let furnished.
TERM: The Host lets to the Guest the Property from the Check In to the Check Out dates (each as set out in the Reservation) (“the Term”).
RENT: The Guest shall pay the rental amount (set out below) in advance (“the Rent”) for the whole of the Term.
DEPOSIT: The Guest will pay to the Agent £500 as a security deposit (or if different, the amount as set out in the Property's description on www.ivylettings.com) (“the Deposit”) by credit or debit card payment. At the end of the Rental the Deposit will be returned subject to the possible deductions set out in clause 12.5 of this Agreement.
RENTAL AMOUNT: the amount set out in the Reservation
AGREEMENT DATE: the date the Guest made the Reservation.
DEFINITIONS & INTERPRETATION
“Agent” is Ivy Lettings Limited, a private limited company registered in England & Wales with registration number 6928280.
“Emergency” means where there is a risk to life or limb or damage to the fabric of the Property or Fixtures and Fittings.
“Fixtures and Fittings” means any of the fixtures, fittings, furnishings or contents, floor, ceiling or wall coverings in or on the Property.
“Property” includes the use of common access ways and facilities when the Property is part of a larger building.
“Superior Landlord”, if applicable, means the person for the time being who owns the interest in the Property which gives him the right to possession of the Property at the end of the Host’s lease thereof.
“Superior Lease”, if applicable, means the lease between the Host and the Superior Landlord.
References to the singular include the plural and references to the masculine include the feminine.
The Guest agrees:
1.1. To be responsible and liable for all the obligations under this Agreement as joint and several Guests if applicable, which means they will each be responsible for complying with the Guest’s obligations under this Agreement both individually and together.
1.2. To take reasonable care not to permit or allow any licensee or visitor to do or not to do anything that breaches the obligations of the Guest under this Agreement.
2. Rent and other charges
2.1. To pay the Rent at the time and in the manner specified.
2.2. To pay any reasonable charges or other costs incurred by the Host or Agent in relation to (i) posting or couriering items left in the Property belonging to the Guest after the Rental and (ii) any extra services provided by the Agent during the Rental.
To pay all charges falling due for the use of the telephone during the Rental.
4. The condition of the Property: repair, maintenance and cleaning
4.1. To keep the interior of the Property and the Fixtures and Fittings in the same decorative order and condition throughout the Term as at the start of the Rental and to make good or repair or replace with articles of comparable (in the reasonable opinion of the Host) kind and of equal value, and maintaining the integrity of any complete sets, series or pairs of items, such of the furniture and effects as shall be destroyed, lost broken or damaged. The Guest is not responsible for any damage caused by fire unless that damage was caused by any act or omission of the Guest or any other person residing, sleeping in or visiting the Property during the Term.
4.2. To pay for the professional cleaning of the Property at the end of the Rental, to the same specification to which the Property and Fixtures and Fittings were cleaned prior to the start of the Rental. For the avoidance of doubt, the fees for such cleaning will be covered by the CAT fee set out in the Reservation.
4.3. To take reasonable steps not to overload the electric circuits at the Property.
4.4. To keep all air vents, extractor fans and ventilation ducts clean and free from obstruction.
4.5. To pay for the reasonable costs of repair to the Property or the Fixtures and Fittings caused by any failure of the Guest, his family or his visitors, to comply with the obligations set out in this section of the Agreement.
4.6. To allow the Host or the Agent to enter the Property, with workmen, to carry out repairs or other works required during the Rental.
5. Use of the Property
5.1. To use the Property for the purpose of a private residence only in the occupation of the Guest, his immediate family or by others as communicated to the Agent as part of the booking enquiry process.
5.2. Not to use the Property for any illegal or immoral purpose.
5.3. Not to use or consume or allow to be used or consumed any drug or any other substance which is, or becomes, prohibited or restricted by law.
5.4. Not to play or permit to be played so as to be audible outside the Property any musical instrument or equipment before ten o’clock a.m. or after ten o’clock p.m. (or, if different, at such hours determined by the Superior Lease or other relevant stipulation), or at any time to act in any way which causes annoyance or nuisance to neighbours or other occupants of the building of which the Property forms part.
5.5. Not to hold parties or gatherings of people greater than the advertised sleeping capacity of the Property at the Property.
5.6. Not to remove the Fixtures or Fittings from the Property.
5.7. Not to store the Fixtures and Fittings in any way or place, within, or outside the Property that may reasonably lead to damage to the items or to the items deteriorating more quickly than if they had remained in the Property, without the consent of the Host or Agent, acting on the Host’s behalf.
5.8. Not to hang or fix any posters, pictures or other items to the walls of the Property using nails, glue, ‘blu-tack’, sellotape, picture hooks or their equivalents.
5.9. To hang laundry outside the Property only in places permitted for this purpose.
5.10. Not to keep any dangerous or inflammable materials (including paraffin, LPG or portable gas heaters) in or on the Property, which shall exclude any such materials kept in or on the Property prior to the start of the Rental.
5.11. To take reasonable precaution to prevent infestation of the Property by vermin, or animal fleas. If infestation does occur due to any act or omission by the Guest, the Guest agrees to pay the costs of removing the infestation and any fumigation and cleaning of the Property or any affect parts required by such infestation.
5.12. To remove all rubbish from the Property, during and at the end of the Rental, by placing it in a plastic bin liner or recycling bag (as directed by the Host or Agent) and disposing of it in the appropriate rubbish or recycling receptacle made available.
5.13. To clear or pay for the clearance of any blockage or over-flow when any occur in any of the drains, gutters, down-pipes, sinks, toilets, or waste pipes at the Property, if the blockage is caused by the negligence of, or the misuse by the Guest, his family or any visitors or by any breach of this Agreement.
5.14. To take reasonable precautions not to put or allow any oil, grease, or other harmful or corrosive substance to be put into the wastebins, lavatory, basins, sinks or drains within or outside the Property.
5.15. To leave the furniture and effects at the end or sooner determination of the Rental in the rooms and places in which they were at the commencement of the Rental.
5.16. Not to tamper, interfere with, alter, or add to, the installations of or meters relating to the supply of utility services to the Property.
5.17 Not to download, access and / or create or post any illegal or obscene content / data / films / music nor content / data / films / music obtained through piracy.
6.1. Not to do, or fail to do anything, that leads to the policy of insurance on the Property, or Fixtures and Fittings not covering any losses otherwise covered by the policy.
6.2. To pay to the Host any reasonable increased insurance premium, policy excess or necessary expenses incurred by the Host due to the failure of the Guest to comply with clause 6.1 above.
6.3. To promptly inform the police or other authority and the Host or Agent as soon as possible of any fire, theft, loss or damage to the Property or Fixtures or Fittings.
6.4. To provide the Host or Agent with written details of any fire, theft, loss or damage, under clause 6.3 above within a reasonable time of that loss or damage having come to the attention of the Guest.
6.5. The Guest acknowledges that his possessions are not covered by the Host’s insurance policies.
The provisions of this section 6 only relate to the contents of the Property to the extent the Host’s policy of insurance covers such contents during the Rental.
7. Locks and Alarms
7.1. To fasten all locks and bolts on the doors and windows when the Property is unoccupied, and at night.
7.2. To set any burglar alarm when leaving the Property.
7.3. To return to the Host, or the Agent, at the end of the Rental (or upon earlier determination thereof) all keys, remote controls, or other security devices for the Property and in the event that any such keys, controls or devices are not returned, to pay the costs incurred by the Host or Agent in replacing the locks to which they relate.
8.1. To keep the garden, if any, in the same condition and style as at the commencement of the Rental. For the avoidance of doubt, unless agreed otherwise, the maintenance of the garden shall remain the responsibility of the Host.
8.2. Not to lop, prune, remove or destroy any existing plants, trees or shrubs without the consent of the Host or Agent, acting on the Host’s behalf.
9. Animals and pets
Not to keep any animals, mammals or birds in the Property without the prior written consent of the Host or Agent, acting on the Host’s behalf.
Not to assign, sublet, part with or share possession of all or part of the Property.
11. Car parking and storage
To the extent permitted by the relevant local authority, to park private vehicles only at the Property. If the Guest is allocated a car parking space, he will only park in such space.
12. The Deposit
The following paragraphs set out below how the Deposit will be handled.
12.1. The Agent shall debit an amount of £500 (or such other amount as may be applicable) from the Guest's nominated credit or debit card in respect of the Deposit no sooner than one day prior to the date of Check In.
12.2. Following the Agent’s inspection of the Property after the Rental, if it is deemed necessary (at their sole discretion), the Agent shall be entitled to withhold from the Deposit any monies referred to in clause 12.5 below, providing itemised details to the Guest of such deductions.
12.3. At the end of the Rental, the Deposit, less any deductions that need to be made under clause 12.5 below, shall be refunded to the Guest's card within 5 days of the end of the Rental. If more time is required in order to obtain quotes for repairs/replacements in respect of damage or loss to the property, then such refund shall be made as soon as practicable.
12.4. The Agent shall be entitled to process from the Guest's credit or debit card any amount as may be required to ensure that the full Deposit is held throughout the Rental period and within a period of 5 days following the end of thereof, to ensure there are sufficient funds to cover the Guest's obligations under this Agreement. The Guest agrees to cover any additional amounts not covered by the Deposit as may be required to cover the losses or damage caused or allowed to be caused by them, within five business days of a request from the Agent (providing evidence and quotes as necessary) acting on the Host's behalf.
12.5. The Agent (acting on the Host’s behalf) may withhold monies from the Deposit (as set out in clause 12.1 above) to compensate the Host or Agent for losses caused by any or all of the following reasons:
- Any damage to the Property, Fixtures of Fittings caused by the Guest, his family, visitors or pets;
- Any damage to the Property, Fixtures or Fittings resulting from any breach of the Terms of this Agreement by the Guest;
- Any professional cleaning costs (excluding those required by clause 4.2 above, to the extent such costs have been paid by the date of this Agreement) provided the Property was in a good clean condition at the start of the Rental, as may be required in the event that the costs contemplated by the service fee are inadequate to restore the Property to a clean condition;
- Any fines incurred through the act or ommission of the Guest, his family, visitors or pets;
- Any other breach by the Guest of the terms of this Agreement;
- Any unpaid telephone charges;
- Any other monies due under this Agreement; or
- Any merchant services processing fee in relation.
13. The Host agrees:
13.1. To allow the Guest to quietly live in and enjoy the Property during the Rental, except in an emergency, without any unlawful interruption by the Host or any person rightfully acting on behalf of the Host.
13.2. To obtain any necessary consents to enable the Host to enter into this Agreement.
13.3. To insure the buildings under a general household policy with a reputable insurer.
13.4. To ensure that there is a valid television licence in respect of the Host’s television set, if required by Part 4 of the Communications Act 2003.
13.5. To ensure that all appliances, plumbing, mechanical and electrical equipment belonging to the Host and forming part of the Fixtures and Fittings are in good repair and working order at the commencement of the Rental, except as specifically disclosed to the Guest. The Guest shall pay to the Host the cost of any repairs resulting from misuse or negligence by the Guest, his family or his visitors. The Host shall be liable for the cost of any other repairs becoming necessary during the Rental and which shall be carried out by reputable, reasonably priced contractors by the Guest or the Agent’s arrangement, in each case following consultation with the Host. The Host will not be responsible for any loss or inconvenience suffered by the Guest as a result of the failure of any other supply or service to the Property by any other party or body.
13.6. To ensure that all the furniture, soft furnishings and equipment within the Property comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988, as amended in 1993.
13.7. To confirm that all gas appliances comply with the Gas Safety (Installation and Use) Regulations 1998.
13.8. To comply with all the obligations imposed upon the Host by a Superior Landlord if the Property is held under a Superior Lease.
13.9. To take all reasonable steps to ensure that the Superior Landlord complies with the obligations of the Superior Lease.
13.10. To pay the council tax, the charges for water, gas and electricity, and all other outgoings for the Property apart from those specified as the obligations of the Guest in this Agreement.
13.11. To pay for the professional cleaning of the Property and the Fixtures and Fittings prior to the commencement of the Rental.
It is agreed that the personal information of both the Host and the Guest will be retained by the Agent in accordance with the Data Protection Act 1998.
The Host and Guest agree that, to the extent permissible by law, the Agent, its officers and employees shall not be liable for any loss, injury or damage suffered by either party, their families or their possessions howsoever incurred in connection with the Rental.
This agreement is entered into for the purpose of the Tenant's holiday as set out in Paragraph 9 of Schedule 1 of the Housing Act 1988. This agreement is not intended to create any form of secure or protected tenancy. It does not give the Tenant security of tenure.
The provisions of this Agreement shall be governed by the laws of England and Wales.
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