TENANCY AGREEMENT

DATED 2019

LODGE PROPERTY SERVICES (1)

(2)

TENANCY AGREEMENT

Relating to

This agreement is intended to create an assured shorthold tenancy, regulated by the

provisions of the Housing Act 1988 as amended. It sets out your rights and duties as

tenant of this property, and our rights and duties owed to you as your landlord. It should

be signed at the end by both of us to confirm that we agree with it.

If there is an existing tenant in the property at the time this agreement is signed, note

that this agreement is subject to vacant possession being provided by that tenant (or

tenants if there is more than one). If the tenant refuses to move out, then this agreement

will not take effect.

You should not sign this agreement unless you are sure you understand it. Read it

carefully. If there is anything you do not understand, you should speak to a solicitor, or

a reputable advice agency such as Shelter or the Citizens Advice Bureau (CAB), who

will explain it to you.

This is an important legal document and you should keep it safe.

If anything goes wrong with your tenancy you will need it, particularly if you have to go

to court.

Notice regarding your Right to Rent

We, the landlord, are required by law to carry out checks on all prospective occupiers

(including named tenants and all adult occupiers who are not named tenants) to ensure

that they have the right to rent property in England.

If these checks have not been carried out at the time this Agreement is signed, then this

Agreement is conditional upon Right to Rent checks showing that you and all members

of your household (as listed below) have a right to rent.

If you are unable to satisfy these checks then this Agreement will not take effect.

Further if the right to rent checks prove unsatisfactory and this Agreement does not go

ahead we will be entitled to compensation until we find new tenants.

Members of the Tenant’s Household

The additional persons (if any) who are permitted to live in the property (as referred to in

clauses 5.8. 9.1.1 and 9.1.2) are:

Collectively referred to as the members of the tenant’s household in this Agreement.

Persons permitted to occupy the property:

The total number of persons living in the property at any one time, including named

tenants, members of the tenant’s household and any children, must not exceed

Your email:

If you have signed below we will normally communicate with you at this email address.

By signing, you also agree that we may serve notices and other legal documents

(including the government’s How to Rent booklet) upon you electronically at the above

email address.

Signed: ………………………………. Dated: ………..............

DATED 2019

PARTIES

1.1

"the Landlord"

LODGE PROPERTY SERVICES Ltd

University of Cambridge, The Old Schools, Trinity

Lane, Cambridge, Cambridgeshire CB2 1TN

Correspondence address: Gravel Hill Farm, Madingley

Rise, Madingley Road, Cambridge CB3 0FU

1.2

"the Tenant"

PARTICULARS

2.1

"the Building"

the building at Eddington, Cambridge

2.2

"the Common

Parts"

the pedestrian ways forecourts car parks bicycle sheds

gardens landscaped areas entrance halls landings

staircases passages toilets kitchens communal laundry

facility and other areas which are from time to time during

the Term provided by the Landlord for the common use and

enjoyment by the tenants and occupiers of the Building and

all persons expressly or by implication authorised by them

2.3

"the Deposit"

£0.00 (Pounds) is paid by the Tenant to the Landlord

2.4

"the Furniture,

Appliances

and

Effects"

all the furniture, appliances and effects as are described in

the Inventory signed by the parties and annexed hereto as

Schedule B

2.5

“the Market

Rent”

£0.00 ( Pounds) per calendar month

2.6

"the Premises"

Flat number [ ] situated on the [ ] floor of the

Building

2.7

"the Rent"

£0.00 (Pounds) per calendar month

2.8

"the Term"

[ ] 2019 after 14.00 hours on the day until [

] 2020 no later than 12.00 noon

2.9

"Interest Rate"

two per cent per annum above the base rate of the Bank of

England(or the nearest equivalent if such base rate ceases

to exist at any time) or such lesser rate as the Landlord may

require

2.10

"the University

Regulations"

the regulations of Lodge Property Services and the

University of Cambridge for the time being in force including

any regulations relating to the Premises which shall include

those at Schedule C

THE Landlord lets and the Tenant takes the Premises TOGETHER WITH the

Furniture, Appliances and Effects TOGETHER ALSO WITH the rights specified

in Schedule A to this Agreement the Term at the Rent and upon the terms and

conditions contained in this Agreement

THE Premises and the Furniture and Effects shall be held by the Tenant for the

Term

4.1

THE Tenant shall pay for the Premises and the Furniture, Appliances and Effects

the Rent, such Rent to be paid monthly in advance on the First day of each

calendar month and to be paid at the discretion of the Landlord by direct debit

payments to the University's bank account PROVIDED THAT the first payment

apportioned for the remainder of the current calendar month shall be made on

the signing hereof

4.2

If the Tenant fails to pay the Rent or other sum due within 14 days of the due

date the Tenant shall pay interest on such rent or other sums at the Interest Rate

from the date on which payment fell due to the date of actual payment (whether

before or after judgment)

4.3

If the Tenant is no longer employed by the University or an affiliated institution

and is therefore ineligible to rent a University property:

4.3.1

the Tenant shall give written notice to the University as soon as they are no

longer so employed; and

4.3.2

(whether or not the Tenant has complied with clause 4.3.1) for the period from

and including the date of the termination of that employment until the end of the

tenancy, the Rent payable in consideration of the tenancy shall be the Market

Rent, and the Tenant shall pay to the Landlord within 14 days of demand all

arrears of Rent which have accrued under this clause, with interest at the Interest

Rate

THE Tenant AGREES with the Landlord as follows:

5.1

To pay the Rent on the due dates and in manner aforesaid without any deduction

and not to use the Deposit to offset any rent payable under this Agreement

5.3

To pay any Council Tax or any other local Government or national tax or

outgoings levied on occupiers and relating to the Premises during the Term

5.3.1

To enter into direct contracts with the relevant utility companies for the provision

of the telephone and broadband and the supply of water gas and electricity to

the Premises and to pay on demand all telephone charges and rental and all

charges for water gas and electric current supplied to the Premises during the

Term and to retain the services for the benefit of the Landlord on the termination

of the tenancy the Tenant being liable for any disconnection or reconnection

charges incurred in respect of such services caused by the default of the Tenant.

The Tenant shall provide copies of final paid utility bills within 5 working days of

the end of the tenancy however determined

5.3.2

Not to change the Core heating or hot water supply to the Premises at Eddington

(or such other supplier as is notified to the Tenant by the Landlord) and to notify

the Landlord immediately upon any change of the broadband, gas, electricity,

water, oil supplier or any other utility supplier to the Premises and to supply to

the Landlord with the details of the new supplier and the account number as

soon as they are received

5.4

To pay to the Landlord on demand an apportioned part of any account for

electricity, gas, oil and any telephone rental and charges relating to a period

partly before or after the termination of the tenancy or before the appropriate

contract is entered into with the statutory authority as aforesaid

5.5

Throughout the Term to pay to the Landlord on demand all water and sewerage

charges where such charges are recharged by the Landlord in respect of the

Premises

5.6.1

To keep the Premises clean and to keep the interior of the Premises including

where applicable the paint, wallpaper, decorations, fireplaces, window fittings,

sash cords and glass, doors and door furniture in good decorative condition

5.6.2

To defrost any refrigerator and freezer provided by the landlord once every three

months

5.6.3

Not to re-decorate the Premises or any part of it internally (so as to change the

decorative scheme) or externally without the Landlord’s prior written permission

5.6.4

Not to damage the furniture or walls of the Premises with any blue tack, nails,

pins, glue, sellotape, stickers or other adhesive substance

5.6.5

To replace all broken glass, fuses, batteries, light bulbs and fluorescent tubes

and starters as and when necessary, ensuring all reasonable safety precautions

are observed

5.6.6

To keep the Furniture, Appliances and Effects in good condition, and not to

remove any of the Furniture, Appliances and Effects from the Premises without

express written permission from the Landlord

5.7

Not to use or keep in the Premises any type of stove heater or lamp burning

paraffin or any other type of oil fuel nor to use any electrical apparatus or other

equipment of a type or in a condition which might endanger the safety of the

Premises

5.8

To make good any stoppage or damage to all drains traps and gullies which shall

be caused by the negligence of the Tenant or members of the Tenant's

household or visitors and so that every such stoppage or damage shall be

presumed to have been caused by such negligence unless the Tenant shall

prove the contrary to the reasonable satisfaction of the Landlord

5.9

To keep the Premises at all times well and sufficiently aired and warmed during

the tenancy and to take all such precautions as may be necessary to prevent

water pipes sinks WCs and cisterns within the Premises becoming damaged by

frost and in the event of any damage being so caused to make good such

damage at the Tenant's own expense

5.10

To report all defects relating to the Premises to the Landlord in writing and in a

timely manner

5.11

Within one month of notice (or such lesser period as is reasonable in the case

of emergency) being given by the Landlord of any defects which are the Tenant’s

responsibility or other breaches of this Agreement to make the necessary repairs

or remedy the breach complained of. In the event of the Tenant failing to repair

such defects or remedy the breach complained of the Landlord shall be at liberty

to repair the same

5.12

Not at any time to cause or permit to be caused any nuisance annoyance or

inconvenience to the Landlord or the neighbouring owners or tenants and not to

do nor permit to be done on the Premises anything which may invalidate the

insurance at present held by the Landlord nor cause any increased or extra

premium to be paid and in particular not to keep in the Premises any inflammable

or dangerous or offensive materials or substances

5.13

Not to make any noise audible in the Building or outside the Premises between

the hours of 10 p.m. and 7 a.m. nor at any time permit any person or children

under the control of the Tenant to loiter or play in or about the entrance stairs or

passages in the Common Parts nor use the said entrance stairs otherwise than

as a means of approach and egress into or from the Premises

5.14

Not to cause any obstruction nor leave any goods footwear furniture rubbish

children’s toys bicycles prams or pushchairs in the Common Parts

5.15

To keep the door to the communal laundry facility secured at all times and to

keep the facility clean and tidy at all times and to limit use of the facility to

between the hours of 8 a.m. to 9 p.m. where applicable the key to the facility to

be surrendered to the Landlord at the end of the tenancy such key not to be

loaned to or copied by the Tenant or a third party

5.16

To make good any damage caused by the Tenant (or third parties there with the

Tenant’s permission) to the Building or any property of other tenants in the

Building and indemnify the Landlord against all actions claims costs and

demands and all losses incurred in connection therewith

5.17

Not to change any locks, combinations or codes for entry. The Tenant may

request a replacement key or security device to access the Premises at the cost

set out in Scale of Charges at Schedule C. If a locksmith is required to visit the

Premises the Tenant will be required to pay the cost of the replacement key or

security device as well as the hourly charge out rate of the locksmith

5.18

To ensure that any smoke or Carbon Monoxide alarms in the Premises are

working by testing them monthly and that where necessary any batteries are

replaced and that alarms are not disconnected

5.19

Not to smoke (including the use of Electronic Cigarettes) or use candles or oil

burners nor to permit others to smoke or use candles or oil burners in any part

of the Premises the Building or the Common Parts

5.20

If a washing machine is provided within the Premises to ensure that connections

are fitted correctly at all times and to limit use of the machine to between the

hours of 8 a.m. to 9 p.m.

5.21

To provide and use a good quality mattress protector on any beds provided by

the Landlord at the Premises

5.22

Not to make any alterations or additions to the Premises and not to damage any

of the walls or timbers of the Premises or the Building

5.23

To abide by and uphold the University Regulations notified to the Tenant in

writing from time to time by the Landlord provided that nothing in such

Regulations shall purport to amend the terms of this Agreement and in the event

of any inconsistency between the terms of this Agreement and such Regulations

the terms of this Agreement shall prevail

5.24

Not to hold or permit to be held any sale by auction in the Premises or any part

thereof nor to use or permit to be used for any business purposes the Premises

or any part thereof nor use the same for the purpose of practicing singing or

practicing musical instruments or giving music singing or dancing lessons

5.25

To give notice to the Landlord or the Landlord's agents of any infectious or

contagious disease happening or breaking out in the Premises during the

tenancy and thoroughly disinfect to the satisfaction of the Chief Medical Officer

each part of the Premises which the Tenant shall have occupied or come into

contact or, in the event of the Tenant failing to carry out such disinfection, the

Landlord shall be at liberty to carry out or arrange the same and the Tenant shall

compensate the Landlord against all claims costs and demands incurred or

suffered by reason of the Premises becoming infected or unhealthy

5.26

5.27

To give notice to the Landlord or the Landlord's agents of any occurrence of bed

bugs happening or breaking out in the Premises during the tenancy and

thoroughly disinfect to the satisfaction of the Landlord or the Landlord's agents

each part of the Premises which the Tenant shall have occupied or come into

contact or, in the event of the Tenant failing to carry out such disinfection, the

Landlord shall be at liberty to carry out or arrange the same and the Tenant shall

compensate the Landlord against all claims, costs and demands incurred or

suffered by reason of the Premises becoming infected

To give notice to the Landlord or the Landlord's agents of any occurrence of

mice, wasps or other pest happening or breaking out in the Premises during the

tenancy and to rid the Premises of such occurrence or outbreak and, in the event

of the Tenant failing to do, the Landlord shall be at liberty to carry out or arrange

the same and the Tenant shall compensate the Landlord against all claims, costs

and demands incurred or suffered by reason of such occurrence

5.28

Not to use or permit the Premises to be used for any illegal purposes and in

particular (but without prejudice to the generality of this sub-clause) not to allow

drugs of any type to be taken kept or used on the Premises except such which

may be authorised or prescribed by a duly qualified medical practitioner

5.29

Not to keep or allow to be kept in the Premises or any other part of the Building

firearms of any description (including but not limited to guns, rifles, air rifles,

pistols, automatic weapons) with or without shells or cartridges, or explosive

devices or dangerous weapons of any nature. This applies equally to those

firearms covered by a special Licence as well as to those not requiring any form

of Licence. Permission will not be granted to hold and store any guns, weapons

or cartridges.

5.30

To pay for all television licences or television supply charges in respect of

equipment for the use of the occupier of the Premises

5.31

Not to crop, prune or cut down remove or otherwise injure any trees shrubs or

plants growing upon the landscaped areas in the Common Parts or to alter the

general character of the garden

5.32

Not to remove or damage any of the fences surrounding the Common Parts

5.33

Not to erect any TV aerial satellite receiver or radio mast on the Premises or the

Building or within the Common Parts

5.34

To use only smokeless fuel in the open fireplaces (if any) and to maintain a

fireguard on all lit fires at all times

5.35

To have all (if any) of the chimneys and flues belonging to the Premises

thoroughly swept and cleansed as often as necessary and in the final month of

the tenancy to have them swept to a professional standard and to the reasonable

satisfaction of the Landlord

5.36

To clean the inside and where possible the outside of all the windows of the

Premises at least once in every three months during the tenancy

5.37

Not to park any car or other vehicles in any part of the Common Parts unless the

Tenant is allocated with a parking licence for a designated area by the Landlord

5.38

Not to keep or park a bicycle or motorcycle or any other vehicle in any part of

the Premises the Building or the Common Parts except in the bicycle sheds or

areas designated for such use by the Landlord

5.39

That the Landlord or the Landlord's agents or servants shall not be held liable

for any damage or loss however caused including damage or loss to property

caused by the negligence of the Landlord or the Landlord's agents or servants

in respect of any vehicle or bicycle parked in the Common Parts and that such

vehicles or bicycles are parked entirely at the owner's risk and must be registered

with the custodian

5.40

Not to expose for drying or any other purpose any linen clothing or clothes or

articles of apparel or any other articles of any kind inside the Premises nor

outside the windows of the Premises but only to use any clothes line provided

for such purpose

5.41

Not to keep or permit to be kept upon the Premises any cats dogs pets birds

reptiles fish or other animals save for an animal which is recognised as an

approved medical assistance animal (and then only with the Landlord’s prior

written consent, to be provided at the Landlord’s absolute discretion)

5.41.1

If any animal is kept either with or without consent being given under clause 5.39

the Tenant agrees to give back the Premises free from fleas or any other pest at

the end of the Tenancy. The Tenant will be liable to compensate the Landlord

for any losses suffered due to the presence of fleas in the Premises.

5.41.2

To keep any animal for whom the Landlord has given written consent under

control at all times

5.41.3

To keep the garden and the Premises and any adjoining properties free from

fouling by any animal authorised by the Landlord during the Tenancy and at the

end of the Tenancy

5.42

Not to keep or store rubbish in any part of the Building or the Common Parts

except in the bins provided for that purpose by the Landlord

5.43

To keep the private garden (if any) clean tidy and free from weeds with any grass

cut weekly during the growing season

5.44

Not to allow anyone access to the Building unless they are known to the Tenant

to be authorised occupiers or visitors or are there at the Tenants invitation and

with appropriate permission

5.45

In the event of the Tenant becoming aware of any fire or other incident in the

Building (where the Tenant is able to do so without endangering him or herself)

the Tenant will ring the fire alarm or notify the authorities before vacating the

Building

5.46

At the end of the tenancy (however terminated) to deliver up to the Landlord the

Premises with all additions thereto (if any) and Furniture and Effects together

with any articles which may have been substituted as aforesaid in good and

tenantable repair and condition and to leave all water heaters and electrical

appliances clean and in good working order and to leave clean all windows and

chimneys and also all loose covers curtains and other articles usually washed

and cleaned or to pay for the washing and cleaning of such articles which shall

include any maintenance and cleaning of blinds during and at the end of the

tenancy. Where appropriate, curtains and carpets are to be cleaned by the

Tenant to a professional standard and to the reasonable satisfaction of the

Landlord

5.47

To pay any Stamp Duty Land Tax payable by the Tenant in relation to this

Agreement

The Landlord must keep the structure and exterior of the Premises in good repair

The Landlord must keep the installations for the supply of water, electricity, gas

and sanitation and installations for space heating or heating water in repair and

proper working order

The Tenant must permit the Landlord, with or without workmen, to enter the

Premises at all reasonable times upon 24 hours’ notice or in the event of

emergency at any time without notice:

8.1

to examine the condition of the Premises and the Furniture and Effects

8.2

to carry out any repairs to the Premises (including (but not limited to) any repairs

or remedy of Tenant’s breaches which the Landlord is at liberty to carry out

pursuant to clause 5.11 hereof) and where the Tenant so requests the Landlord

may arrange for a representative of the Landlord to accompany a contractor at

the Premises at the Tenant’s cost as set out in the Scale of Charges at Schedule

8.3

to carry out works to any adjoining Premises owned by the Landlord where such

works can only be carried out by having access to the Premises

8.4

to allow prospective tenants to view the Property at reasonable times on

reasonable notice during the final four months of the Term

This Agreement is personal to the Tenant and the Tenant must not assign, sublet

or part with or share occupation of the Premises or any part of it without the

written permission of the Landlord and for which additional charges will be made

9.1

We agree that in addition to the tenant the following person(s) may live at the

Property:

9.1.1

your children or other dependents who are under 18 years of age at the start of

the Tenancy; and

9.1.2

the adults listed as “Members of the Tenant's Household” at the start of this

agreement (if any)

However:

9.1.3

You must not allow any other adults to live at the Premises without our written

permission.

9.1.4

You must not take in lodgers or paying guests, and you must not use or allow

the Premises to be used other than for a private dwelling house for your own use

and the use of the parties described at clauses 9.1.1 to 9.13 (inclusive)

9.1.5

Visitors should not remain at the Premises for more than two weeks without the

Landlord’s written permission

9.1.6

Any obligation on you under this Agreement to do or not to do anything shall

also require you not to permit any member of your household or visitor to do or

not to do the same thing

9.2

You will not allow anyone to occupy the Premises whose immigration status does

not permit them to occupy residential premises under a residential tenancy

agreement (i.e. if they do not have a 'right to rent' as set out in Part 3 of the

Immigration Act 2014) and you will keep us informed if the immigration status of

any of the permitted occupiers changes during the tenancy so as to remove their

Right to Rent.

10.

The Deposit

10.1

The Deposit is held by the Landlord. The Landlord is a member of the Tenancy

Deposit Scheme

10.2

Any interest earned will belong to the Landlord

10.3

The Deposit has been taken for the following purposes

10.3.1

Any damage or compensation for damage to the Premises its fixtures and

fittings Furniture Appliances and Effects or for missing items for which the

Tenant may be liable, in accordance with the Scale of Charges at Schedule C

(subject to an apportionment or allowance for fair wear and tear and the age

and condition of each and any such item at the commencement of the tenancy

insured risks and repairs that are the responsibility of the Landlord)

10.3.2

The reasonable costs incurred in compensating the Landlord for or for rectifying

or remedying any breach by the Tenant of the Tenant’s obligations under the

Tenancy Agreement including those relating to the cleaning of the Premises its

fixtures and fittings and the Furniture Appliances and Effects

10.3.3

Any unpaid accounts for utilities or water charges or environmental services or

other similar services or Council Tax incurred at the Premises for which the

Tenant is liable

10.3.4

Any rent or other money due or payable by the Tenant under the Tenancy

Agreement of which the Tenant has been made aware and which remains

unpaid after the end of the tenancy

10.3.5

Any costs reasonably incurred by the Landlord in the event that the Tenant does

not permit access to the Premises by the Landlord or any party authorised by

the Landlord for the purpose of carrying out repairs or planned maintenance or

inspections at the Premises where the Landlord has provided reasonable notice

of its intention to do so.

10.3.6

Any costs reasonably incurred by the Landlord in dealing with a change to a

provision of this Agreement (where requested by the Tenant)

10.3.7

Any costs reasonably incurred by the Landlord where the Tenant departs from

the Premises before the end of the Term

11.

The Landlord agrees to insure the Premises and the Furniture Appliances and

Effects but not the Tenant’s personal possessions with an insurance company

of repute against fire lightning explosion aircraft riots civil commotion acts of

terrorism malicious damage earthquake storm tempest flood bursting and

overflowing of water pipes tanks and other apparatus and such other risks as

the Landlord from time to time at his absolute discretion decides to insure

against

11.1

The Tenant must not do anything or fail to comply with any requirement as a

result of which the policy of insurance effected by the Landlord under clause 10

above may become void or voidable or the premium under such policy may be

increased

12.

In the event that the Tenant ceases to be employed by the University of

Cambridge or a student of the University of Cambridge or any College therein or

following a course of study there or attached in any teaching or research capacity

to the University of Cambridge or any College then the Landlord may at any time

thereafter terminate this Agreement on two months written notice to that effect

12.1

At the end of the Term the Tenant must leave the Premises and the Furniture

and Effects in the state of repair and condition required by this Agreement and

clean and so that items of Furniture and Effects are so far as is reasonably

possible in the places in which they were situated at the beginning of the Term

and the Tenant shall compensate the Landlord for all claims, costs, losses and

demands reasonably and properly incurred or suffered by the Landlord by

reason of any breach of this clause or obligation in Agreement . The Landlord

will use the Scale of Charges in Schedule C as a guideline in determining the

Tenant’s obligations to remedy any damage or loss.

12.2

If the Premises are incapable of being re-let or used because the Tenant has left

substantial goods in the Premises the Tenant will be required to pay a sum equal

to the Rent until those goods have been removed AND the Landlord is entitled

to remove and dispose of any goods left by the Tenant in the Premises and

recover costs of storage disposal and sale from the proceeds any balance being

paid to the Tenant

12.4

If the Premises is the Tenant’s only or principal home and this is an assured

shorthold tenancy this Agreement may be brought to an end at any time before

the expiry of the Term and the Landlord may seek possession for any of the

grounds set out in Schedule 2 of the Housing Act 1988

12.5

If the Tenant does not live in the Premises as his only or principal home or for

any other reason this is not an assured shorthold tenancy then if at any time:-

12.5.1

any money payable under this Agreement is unpaid for 14 days (whether

formally demanded or not); or

12.5.2

the Tenant breaches the terms of the Agreement; or

12.5.3

the Tenant becomes bankrupt, has an administration order made in respect of

his assets, has a receiver appointed, makes an arrangement for the benefit of

his creditors or has any distress or execution levied on his goods the Landlord

may re-enter the Premises (or part of it) and on re-entry this Tenancy shall come

to an end (If a person is living in the Premises the Landlord may only “re-enter”

if he obtains a Court Order)

13.

All sums due to be paid under this Agreement are inclusive of VAT

14.

None of the provisions of this Agreement are intended to or will operate to confer

any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a

person who is not named as a party to this Agreement

15.

The Premises let are held by the Landlord as an exempt charity

16.

The rules as to the service of notices in Section 196 of the Law of Property Act

1925 apply to any notice given under this Agreement

17.

The Tenant is notified for the purposes of the Landlord and Tenant Act 1987

sections 47 and 48 that the Landlord’s address for service of notices is The

University of Cambridge, Estate Facilities, Greenwich House, Madingley Rise,

Madingley Road, Cambridge CB3 0TX or such other address as the Tenant shall

be notified in writing by the Landlord

18.

If the Tenant vacates the Premises during the Term the Tenant will remain liable

to pay Rent and any other monies payable under this Agreement until the Term

expires or until the Premises are re-let whichever is earlier

19.

It is agreed that personal information of the Tenants will be retained by the

Landlord and may be used for administrative purposes that present and future

addresses and contact details of the parties may be passed to third parties

including authorised contractors credit and reference agencies local authorities

service providers legal advisers debt collectors and given to the HM Revenue

and Customs or any person investigating a crime

20.

In reading this Agreement:

20.1

The words defined in the Particulars page have the meaning given to them in

the Particulars page

20.2

Words using any gender include every gender

20.3

Words using the singular number include the plural and vice versa

20.4

Words referring to persons include firms, companies and corporations and vice

versa

20.5

Any obligation by two or more people shall be undertaken jointly and severally

20.6

Headings in this Agreement shall not affect its interpretation

20.7

Any reference to a statute shall include any amendment to or re-enactment of

such statute for the time being in force and all orders, notices, regulations, by-

laws, directions, instruments, codes of practice, consents and permissions made

or issued under it

20.8

Any reference to the doing or permitting of any act or thing by the Landlord or

the Tenant includes the doing or permitting of that act or thing whether directly

or indirectly by any agent, servant, workman, contractor or employee engaged

by either of them

20.9

Any agreement by the Tenant not to do any act or thing shall include an

obligation not to suffer or permit such act or thing to be done

A S W I T N E S S the hands of the parties hereto the day and year first before written

SCHEDULE A

1.1.1 The right for the Tenant and all persons expressly or by implication authorised

by the Tenant (in common with the Landlord and others having a like right) to use the

Common Parts for all proper purposes in connection with the use and enjoyment of the

Premises

SCHEDULE B

Inventory and Schedule of Condition

Inventory and Schedule of Condition are prepared separately

SCHEDULE C

Additional Accommodation Regulations

The Tenant and all occupiers of the Premises agree to abide by the following

conditions which form part of the Tenant’s obligations in the Agreement:

1. Ensure the Premises are well ventilated at all times. In winter ensure there is both

adequate heat and ventilation. Condensation can be a problem and is minimised by

daily ventilation, heating and wiping down surfaces. Mouldy surfaces are a sign of

lack of ventilation and should be cleaned with a proprietary cleaner.

2. Clothes washing should not be draped on radiators or hung wet inside the Premises.

It should only be hung outside if washing lines are specifically provided. Please use

the commercial dryer (if any) provided in the laundry room and clean it after every

use.

3. Use a ‘bar-type’ fused electrical adaptor on a lead rather than a block-type adaptor.

Do not plug adaptors into adaptors – use one adaptor in each wall socket. Extension

leads should conform to BS (British Standard) 1363/A; adaptors should conform to

BS 5733. Other international travel adaptors are not permitted. DO NOT try to force

plugs into the wrong type of socket. The University reserves the right to remove any

unsafe equipment.

4. The refrigerator and freezer are to be defrosted regularly (once every three months

minimum).

5. Musical instruments may only be played once permission has been granted and

during the hours specified. Please request this in writing. Permission, if granted,

may be withdrawn at any time without notice.

6. Please show due care and consideration to neighbouring residents when using

radios, stereos, televisions or other electrical equipment, washing machines, etc. and

be quiet between 10.00pm at night and 7.00am in the morning. Be careful when

moving furniture and do not walk heavily – noise can carry.

7. The University Gardening Service or gardening contractors maintain the majority of

gardens. Tenants are requested to refrain from planting, digging or altering the

gardens in any way. Do not cause a nuisance for other users and do NOT damage

plants, gardens or buildings with boisterous behaviour or ball games.

8. No posters or pictures may be fixed to the walls, windows or frames by means of

blue tack, glue, sellotape or any other adhesive substances. Picture hooks (not nails)

may be used.

9. Smoking (including the use of electronic cigarettes) is not allowed anywhere in the

Premises or the Common Parts either by the Tenant or by their visitors because of

the fire risk. Candles and oil burners should also not be used.

10. Do not store bicycles within the premises except within the cycle racks where

provided. Do not lock bicycles to railings or trees. They will be removed without

warning for safety of other residents. Bicycles should be registered with the

Accommodation Service.

11. Do not do anything which may create or contribute to blockages to drains (e.g. by

putting hair, foodstuffs, fat or cooking oil down the kitchen sink or nappies or towels

in the toilet).

12. Toys, prams and buggies should not be stored on the outside the flats in landings, in

entrances and stairway areas or in electric meter cupboards. Tenants are reminded

that all these areas are to be kept clear at all times to facilitate easy evacuation in an

emergency.

13. Cars should be parked in the car spaces provided. They should not be parked

illegally on yellow lines as this will hamper emergency vehicular access, as well as

cause problems for vehicles reversing out of car parking bays. Always park with

exhausts facing away from open windows. Gates provided to car parks should be

securely padlocked at all times.

14. Tenants should insure their own personal possessions, as well as insuring against

any damage to the property of the University. They will be obliged to pay for the

repair of any damage caused to the Premises and/or the Building by Tenants or their

visitors at the discretion of the landlord. This will include damage to the Common

Parts or as a result of the removal of personal possessions and furniture.

15. No animals or fish are allowed as pets on the premises. Please do NOT feed stray

animals.

16. Please secure the laundry room after use and leave it clean and tidy. Use of these

facilities is only allowed between the hours of 0700 and 22.00. Please ensure that

all clothing is removed from washers and dryers as soon as it is finished so as not to

inconvenience other residents wishing to use the laundry room. If tenants have their

own washing machine or dryer they agree to abide by the same hours 8.00am to

9.00pm.

17. No subletting is allowed. Long term visitors (i.e. for two weeks or longer) will require

the express prior permission of the Accommodation Service. Requests must be put

in writing and an additional charge will be made to cover the Landlord’s reasonably

and properly incurred costs. Permission is not guaranteed.

18. Please inform the Accommodation Service if the Premises will be vacant for some

time so that access can be obtained in an emergency. Absences of more than 28

days must be notified in writing.

19. All leaks or faults within the Premises should be notified to the Accommodation

Service (or to University Security out of hours) immediately to prevent further damage

occurring.

20. An administration charge of up to £50 including VAT may be made for any variations

to this Tenancy Agreement (such as a change of Tenant in shared properties).

21. An administration charge of up to £120 including VAT to cover the Landlord’s

reasonably and properly incurred costs may be made for an early departure by the

Tenant.

Instructions to all tenants prior to vacating the Premises

1. Please give as much notice as possible about leaving the Premises. If Tenants wish

to vacate early, they are liable for the rent, utility bills and council tax until a new

tenant is found by the Accommodation Service or until the end of the tenancy and

may be liable for the Landlord’s reasonably and properly incurred costs in

accordance with paragraph 21 of this Schedule C.

2. Arrange an appointment for the preliminary and final inspections with the

Accommodation Service. All personal possessions must be removed or stored in the

Premises in such a way that the rooms, walls and furniture may be clearly visible

without obstruction. For the final inspection, all personal belongings and personal

furniture should be removed and the Premises fully cleaned.

3. Gas, electricity and water meter readings (where applicable) will be taken at the final

inspection. Notify the utility companies of the Tenants’ departure and of the last date

when liable for bills (last day of the tenancy). Forward copies of all final bills to

provide evidence that they have been paid to the Accommodation Service.

4. Provide the Accommodation Service with a forwarding address, e-mail address and

telephone number. Please note that Tenants are expected to vacate by 12 noon on

the day of departure – an exact time will be agreed. The Premises should be cleaned

to a professional standard, including any carpets/curtains, and should be ready for

the next tenant to take occupation. The Tenant shall indemnify the Landlord against

any costs, losses or demands reasonably incurred or suffered by the Landlord for

any breach of this provision.

5. The Tenant shall indemnify the Landlord against any damage or loss to the Premises

caused by or contributed to by the Tenant under the terms of the Tenancy Agreement

and costs of repairing cleaning or otherwise rectifying the position following the

Tenant’s breach will be charged in accordance with the following Scale of Charges

(where applicable):

Scale of Charges

This is a Guideline only and costs may vary between property type and size.

Please discuss with the Landlord if you have any questions regarding the

application of this Scale to the Premises

ALL PRICES INCLUDE VAT

Item

Labour charges per hour

Labour only callout charges for

out of hours works that are

rechargeable to the tenant

Variable between £60 weekdays to £90 Sunday

or Bank holidays

Call out charge for lockouts for

loss of keys or forgotten cards.

Does not include cost of

replacement card or key

Variable between £27 weekdays and

£80 Sunday and Bank Hols

Accompanied visit for third party

company e.g. washing machine

engineer

Daytime only £48 per hour

Repair or replacement Cost

Item

Cost NOT including labour / installation

charge and depending on type / size of

property

Kitchen work surface

Up to £924 (based on a two bedroom flat,

replacing one strip of work surface; removing

and re-seating the sink and hob).

Hob replacement

Up to £750 depending on type

Electric oven

Up to £960

Grill pans and handles

Up to £96

Grill handle only

Up to £22

Extractor Hood

Up to £300

Combined Washer Drier

Up to £1080

Washing Machine

Up to £840

Tumble Dryer

Up to £840

Combined Fridge/ Freezer

Up to £960

Fridge

Up to £600

Freezer

Up to £600

Dishwasher

Up to £816

Kitchen Sink

Up to £360

Kitchen Tap

Up to £240

Dining table

Up to £480

Dining chair

Up to £144

Double sofa

Up to £1080

Single armchair

Up to £420

Desk with pedestal

Up to £360

Freestanding Bookcase

Up to £240

Combined wall unit & bookcase

Up to £480

Coffee table

Up to £216

Double bed

Single bed

Double bed base £288

Double headboard £78

Single bed base £198

Single headboard £60

Mattresses

Double £216

Single £180

Mattress cover

Double £25

Single £20

Wardrobe

£600

Chest of drawers

£300

Bedside cabinet

£180

Curtains (large/medium) per set

£240/120

Roller Blind

Large window

Small window

£180

£96

Voile per curtain

£60

Wash basin

Up to £480

Bath

Up to £960

Basin taps

Up to £180

Toilet

Up to £480

Heated towel rail

Up to £540

Toilet seat

Up to £144

Shower assembly

Up to £336

Replacement laminate flooring

£90 per m

- dependent upon apartment layout.

Does not include resealing and repairs due to

water damage

Replacement vinyl flooring

£180 per m

- dependent upon apartment

Layout. Does not include resealing and repairs

due to water damage

Removal/Disposal of furniture

Per van load

Per item

£480

£36

Furniture delivery charges

£60

Lost keys and replacement locks

Door Keys £50

Door entry card £20

Lock replacement Up to £132 + applicable

labour charges

Broken glass in windows

Up to £3000 – dependent on window style –

quotes to be obtained from manufacturer +

applicable labour costs

Window / postbox keys – loss or

broken

£20

Lightshade

Up to £60 – dependent upon type + Labour

costs

Shaver light fitting

Up to £216

Unblocking pipes/drains

Up to £480 * may have further charges if other

works needed

Window Mechanism/ hinges

Up to £50.00 per item dependent upon window

style – quotes to be obtained from manufacturer

+ labour costs

Damage to cupboards/worktops

etc. such as chips, burn marks

Up to £240 – dependent upon damage and

specialist charge.

where the item is not deemed

unrepairable & not replaced

Cupboard Hinges, catches

Up to £120– dependent upon part

General Admin Charges

Refill Oil Tank

Per invoice + admin cost + delivery + VAT

Storage of possession left after

tenancy

£75 per Calendar month ( Maximum 3 month

storage )

Abandoned motor vehicle

£32 per day + removal costs

Re-decoration

Walls per metre

Prepare, apply 2 coats of emulsion - £21.00 per m

Woodwork per metre

Prepare, apply 1 undercoat/1 gloss coat - £21.00 per m

Ceilings per metre

Prepare, apply 2 coats of emulsion - £15.00 per m

If stain block required – as well as repaint £23 per m

END OF TENANCY CLEAN

TOTAL INC VAT

UP TO ( site specific):

One bedroom property

Furnished

Unfurnished

£185

£90

Two bedroom property

Furnished

Unfurnished

£200

£110

Three bedroom property

Furnished

Unfurnished

£200

£120

Carpet cleaning

1 bed flat unfurnished

Furnished

2 bed flat unfurnished

Furnished

3 bed flat unfurnished

furnished

£40

£50

£60

£70

Whole kitchen (Eddington)

£135

Oven and hob - clean thoroughly inside and out, no sign of

food residue

£45

Extractor hood filter cleaned/replaced depending on model

£6

Whole bathroom clean – including limescale removal

£60

Utility cupboard Washing Machine/Drier – clean

thoroughly inside and out – empty filters – ensure no

washing powder/liquid residue is left. Empty and clean drier

filter. Leave doors open .

£5

Whole living room – not including upholstery

£45

Upholstery

£45

General Cleaning - All Rooms

Floors - wash floors

£8

Windows - clean all windows inside including the frames

£10

Flat must be generally odour free

£2

Curtain – spot clean or dry clean - per pair

£85

Signed on behalf of the landlord: __________________________________

Date

Signed on behalf of the tenant(s): __________________________________

Date

Initials: _________

Prescribed Information for Assured Shorthold

Tenancies

Under the Housing Act 2004, the landlord is required to give the following information to

the tenant and anyone who paid the deposit on the tenant’s behalf within 30 working

days of receiving the deposit. This is to ensure that tenants are made aware of their

rights during and at the end of the tenancy regarding the deposit

a) The scheme administrator of the Tenancy Deposit Scheme is:

The Dispute Service Ltd

PO Box 1255

Hemel Hempstead, Herts HP1 9GN

Phone: 0300 037 1000 E-mail: deposits@tds.gb.com

Fax: 01442 253193 Web: www.tds.gb.com

b) A leaflet entitled What is the Tenancy Deposit Scheme?, which explains the

operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to,

Housing Act 2004, must accompany this document when given to the tenant and any

relevant person.

c) The procedures that apply under the scheme by which an amount in respect of a

deposit may be paid or repaid to the tenant at the end of the tenancy are set out in the

Scheme Leaflet What is the Tenancy Deposit Scheme?, which accompanies this

document.

d) The procedures that apply under the scheme where either the landlord or the tenant

is not contactable at the end of the tenancy are set out in the Scheme Leaflet: What is

the Tenancy Deposit Scheme?

e) The procedures that apply where the landlord and the tenant dispute the amount of

the deposit to be paid or repaid are summarised in the Scheme Leaflet What is the

Tenancy Deposit Scheme? More detailed information is available on: www.tds.gb.com

f) The facilities available under the scheme for enabling a dispute relating to the deposit

to be resolved without recourse to litigation are set out in the Scheme Leaflet: What is

the Tenancy Deposit Scheme? More detailed information is available on:

www.tds.gb.com .

(i) The Deposit

The amount of the Deposit paid is: £0.00

(ii) Address of the property to which the tenancy relates

(iii) Details of the landlord(s)

Name University of Cambridge Estate Management

Address Greenwich House, Madingley Road, Cambridge CB3 0TX

E-mail address accommodation.serv[email protected]

Telephone 01223 333316

Fax 01223 338098

Initials: _________

(iv) Details of the tenant(s)

Name(s)

Address(es)

E-mail address(es)

Mobile number(s)

Fax number(s)

Contact details for the tenant(s) to be used at the end of the tenancy

Name(s)

Address(es)

E-mail address(es)

Mobile number(s)

Fax number(s)

(v) Relevant Person’s contact details

If there is a relevant person (i.e. anyone who has arranged to pay the deposit on the

tenant’s behalf) the details requested in (iv) must be provided for them, as part of the

Prescribed Information. Use the continuation sheet for this purpose.

(vi) Circumstances when the deposit may be retained by the Landlord

The circumstances when all or part of the deposit may be retained by the landlords

by reference to the terms of the tenancy are set out at clause 10of the tenancy

agreement. No deduction can be paid from the deposit until the parties to the tenancy

agreement have agreed the deduction, or an award has been made by TDS or by the

court.

(vii) Confirmation

The Landlord certifies and confirms that:

 the information provided is accurate to the best of my/our knowledge and belief

and

 I/We have given the tenant an opportunity to sign this document by way of

confirmation that the information is accurate to the best of the tenant’s knowledge

and belief.

Signed by or on behalf of the landlord: ____________________________________

The tenant confirms that:

 I/We have been given the opportunity to read the information provided and

 I/We sign this document to confirm that the information is accurate to the best of

my/our knowledge and belief.

Signed by the tenant(s): _____________________________________________

_____________________________________________

Responsibility for serving complete and correct Prescribed Information on each tenant and

relevant person is the responsibility of the member and the landlord. The Dispute Service Limited

does not accept any liability for a member’s or landlord’s failure to comply with The Housing Act

2004 and/or The Housing (Tenancy Deposits) (Prescribed Information) Order 2007.

Initials: _________

What is the Tenancy Deposit

Scheme?

An advisory leaflet for landlords and tenants

Tel: 0300 037 1000

Fax:

01442 253 193

Email:

deposits@tds.gb.com

www.tds.gb.com

Tenancy Deposit Scheme, PO Box 1255, Hemel Hempstead, Herts, HP1 9GN

What is TDS?

1.1.2 The Tenancy Deposit Scheme (TDS) is run by The Dispute Service Ltd. It is an

insurance- backed tenancy deposit protection scheme authorised by the government.

1.1.3 TDS has two main roles:

 To protect deposits.

 To help resolve disputes about deposits.

What is tenancy deposit protection?

1.1.4 Tenancy deposit protection applies to all deposits for assured shorthold

tenancies that started in England or Wales on or after 6 April 2007. By law, a

landlord or agent who receives a deposit for such a tenancy must protect the deposit.

1.1.5 Most residential tenancies in the private rented sector are assured shorthold

tenancies, with some exceptions. For example, a tenancy cannot be an assured

shorthold tenancy if:

 the tenant is a company;

 the rent is more than £100,000 a year;

 the tenancy is for a holiday let; or

 a University or College rents the accommodation to its students.

1.1.6 Tenancy deposit protection means:

 protecting a tenant’s deposit with a government-authorised scheme such as TDS;

 providing the tenant with prescribed information about where their deposit is

being protected and how it will be managed.

1.1.7 Tenancy deposit protection schemes can be one of two kinds:

 Custodial – this is where the scheme itself holds the deposit during the tenancy.

 Insurance backed – this is where the landlord or agent holds the deposit during

the tenancy, but must give it to the scheme at the end of the tenancy if there is a

dispute. The scheme is insured because this guarantees that tenants will always

get back the money to which they are entitled. TDS is an insurance-backed

scheme.

Each tenancy deposit scheme has its own rules setting out in detail how it operates.

The TDS Rules are available from the TDS website and on request.

What are the legal requirements?

1.1.8 These are contained in sections 212–215 of, and Schedule 10 to, the Housing

Act 2004 (as amended). Tenancy deposit protection applies to money received by a

landlord or agent that is meant to be held as security in case a tenant does not comply

with their obligations.

1.1.9 The landlord or agent must comply with the initial requirements of an authorised

tenancy deposit protection scheme within 30 days of receiving the deposit. To protect

a deposit with TDS, the landlord or agent needs to belong to the scheme, register

the deposit on the TDS tenancy database, and pay a membership subscription or

deposit protection charge.

1.1.10 A TDS member (landlord or agent) must also give the tenant ‘prescribed

information’. This information is set out in the Housing (Tenancy Deposits

(Prescribed Information) Order 2007. It must also be given to anyone who paid

the deposit on the tenant’s behalf.

What is the Tenancy Deposit Scheme? (Fifth edition)

Revised March 2013

1.1.11 The prescribed information includes the contact details of the landlord and

tenant, the rented property’s address, the deposit amount and this leaflet. The

landlord or agent must also specify which tenancy agreement clauses say how

the deposit can be used.

1.1.12 Tenants must be given the opportunity to:

 check any document the landlord provides containing prescribed information;

and

 sign it to confirm the information is accurate.

What if the landlord or agent does not comply?

1.1.13 A landlord or agent should protect the deposit in an authorised scheme and

provide the tenant (and any sponsor) with the prescribed information within 30 days

of receiving the deposit. If they don’t do so, then the tenant (or the person who paid

the deposit) can take the landlord or agent to court. The court can order the landlord

or agent to protect the deposit or repay it to the tenant. The court can also order the

landlord or agent to pay the tenant compensation of between one and three times the

deposit’s value.

1.1.14 A landlord who has not correctly protected a deposit cannot serve a notice

to end the tenancy and regain possession of it under section 21 of the Housing Act

1988. The landlord can only serve such a ‘section 21 notice’ after the deposit has

been repaid or after any court case about the deposit has ended.

1.1.15 A landlord who has not given the tenant prescribed information within 30 days

must not issue a section 21 notice until the prescribed information has been given. If

this takes place more than 30 days after the landlord or agent received the deposit, the

tenant can still apply to court for compensation of between one and three times the

deposit’s value.

1.1.16 TDS cannot award compensation to tenants if a landlord or agent fails to comply

with the law relating to tenancy deposit protection. This can only be dealt with by the

courts.

Is my deposit protected?

1.1.17 Tenants can check if their deposit is registered with TDS by visiting

www.tds.gb.com. If tenants have received a Tenancy Deposit Protection Certificate,

they should enter the code number from that certificate. Alternatively they can enter

their surname, the deposit amount, the tenancy postcode, and the date their tenancy

started.

1.1.18 If a member informs TDS that the protection of a deposit should be ended, TDS

will make reasonable efforts to inform the tenant before ending the protection.

1.1.19 If the tenancy has not ended, the tenant (or one of the joint tenants) can

object to the ending of deposit protection by phoning the TDS customer contact centre.

1.1.20 If the tenancy has ended and the tenant is not satisfied with the proposed

split of the deposit, then the tenant can ask TDS to resolve the dispute within three

months after the end of the tenancy.

What happens to the deposit after the landlord or agent receives it?

1.1.21 The landlord or the agent will hold the deposit during the tenancy. The tenancy

agreement should state who receives any interest it makes.

What is the Tenancy Deposit Scheme? (Fifth edition)

Revised March 2013

What happens to the deposit at the end of the tenancy?

1.1.22 If there is no dispute about the return of the deposit at the end of the tenancy,

the landlord or agent must pay the deposit to the tenant without delay, less any

deductions that the tenant has agreed.

1.1.23 If there is a dispute about the return of the deposit or about proposed

deductions, the parties should try to reach agreement without delay. Most disputes are

resolved informally in this way. But if the deposit has not been returned to the tenant

within 10 days of the tenant asking for it, any of the parties can ask TDS to resolve the

dispute.

1.1.24

If there is a dispute, what happens to the deposit?

1.1.25 The landlord or agent can make a payment from the deposit if:

 both landlord and tenant have agreed; or

 the court has ordered the deposit to be paid; or

 TDS directs them to send the money to TDS.

1.1.26 Once TDS has been asked to resolve a deposit dispute, the landlord or the

agent must send the disputed amount to TDS. By this time, the landlord or agent should

have paid the tenant any part of the deposit that is not an agreed deduction or in dispute.

1.1.27 If whoever is holding the deposit does not send the disputed deposit amount to

TDS, TDS will take legal action to recover it. This will not delay TDS in resolving the

dispute. If the deposit holder cannot pay the disputed amount, for example because

it has become insolvent, TDS will arrange the adjudication, pay the tenant the

amount awarded by the adjudicator and make a claim to its insurers. The law requires

TDS to guarantee only that the tenant receives the amount they are entitled to.

How are disputes resolved?

1.1.28 The person who wishes to send the dispute to TDS can do this online or by

completing a Dispute Application Form giving details of the dispute, and any

relevant supporting documents.

1.1.29 The deposit holder must then send the disputed amount to TDS. It will copy

the dispute details to the other parties and give them 10 working days to consent to

TDS resolving the dispute, respond to the claim, and send in their evidence.

1.1.30 If all the parties agree to TDS resolving the dispute, TDS will appoint an impartial

adjudicator to make a binding decision, normally within 28 days of receiving the

parties’ consent to resolving the dispute. If landlords and agents do not reply, they are

treated as consenting. In all these cases, the adjudicator will normally make a decision

within 28 days after the deadline for giving evidence.

1.1.31 Within a further 10 days of the adjudicator’s decision, TDS will pay the amount

due to each party.

1.1.32 The adjudicator’s decision will be based only on the evidence sent to TDS – there

will be no hearing or visit to the property.

1.1.33 The adjudicator’s decision is final. There is no right of appeal to TDS or to the

government department in charge of the tenancy deposit protection schemes.

What is the Tenancy Deposit Scheme? (Fifth edition)

Revised March 2013

Further details are set out in The Tenancy Deposit Scheme Rules for

the Independent Resolution of Tenancy Deposit Disputes at www.tds.gb.com.

What if the landlord or tenant can’t be contacted at the end of the tenancy?

1.1.34 TDS cannot resolve a dispute if it cannot contact the parties to get their

consent to TDS being involved. In these circumstances, the deposit holder must do the

following:



Make every practical effort – over a reasonable period of time but not for

longer than it would take TDS to resolve a dispute – to contact the (ex)-

tenant/landlord using information readily available.



Assess any damage, rent arrears and any other likely deductions from the

deposit as they would normally do.



Split the deposit, pay the party who is present the appropriate amount, and

transfer the amount due to the absent tenant/landlord to a suitably chosen

‘Client suspense (bank) account’.

1.1.35 The deposit holder should make a formal record of these activities and

support it with suitable documents.

1.1.36 After enough time (usually at least six years) has passed from the last contact

with the absent tenant/landlord, the deposit holder may then donate the absent party’s

share to a suitable registered charity – subject to a binding promise from the deposit

holder that it would immediately pay from its own pocket any valid claim it later

received from the beneficial or legal owner.

1.1.37 If the absent tenant/landlord returns within that time and seeks to dispute the

allocation of the deposit, TDS may offer to adjudicate.

Is adjudication better than going to court?

1.1.38 Deposit disputes need to be resolved quickly and cheaply. Tenants usually

need the money as a deposit on their next property, and landlords need to know how

much will be available to spend on things like redecoration, damage or repairs. Going

to court takes time and can be expensive and stressful.

1.1.39 If TDS protects a deposit and the dispute goes to court, the disputed amount must

be sent to TDS. TDS will distribute the deposit once it receives a final court order

showing what is to happen to the deposit.

1.1.40 TDS can only resolve a dispute if the deposit has been registered with TDS. If a

deposit has not been registered, the parties will have to go to court if they cannot agree

a settlement.

1.1.41 Sometimes landlords or tenants prefer to go to court. It might be better for a

landlord to go to court if they have a big claim that is well above the deposit. It might be

better for a tenant to go to court if they have a counterclaim – say if they had to pay for

boiler repairs because the heating did not work for several weeks. TDS cannot deal with

counterclaims.

1.1.42 Where TDS cannot accept a dispute for adjudication, TDS will notify any other

party to the dispute that this has happened. The other party to the dispute may then

choose to go to court or rely on the agent’s judgment if the agent is holding the deposit.

What is the Tenancy Deposit Scheme? (Fifth edition)

Revised March 2013

What can TDS deal with?

1.1.43 Using the TDS dispute resolution service is not compulsory. If either the landlord

or tenant does not agree to use the service, one of them could choose to go to court.

1.1.44 TDS can only deal with disputes about the deposit itself, and cannot make

awards that are for more than the disputed deposit. If a larger amount is disputed, you

may need to go to court. TDS cannot deal with counterclaims by tenants – such as a

claim for disrepair. If you are a tenant and you wish to bring a counterclaim against your

landlord, you will need to go to court.

1.1.45 TDS cannot deal with disputes between individual tenants, or between landlords

and their agents. TDS does not act as a regulator and cannot order changes in

trading practices, close down businesses, or prosecute landlords or agents. However,

it does try to raise standards in the private rented sector by educating tenants, landlords

and agents about the cause of disputes and how to avoid them.

How much does it cost?

1.1.46 TDS is funded by the membership subscriptions and deposit protection

charges that letting agents and landlords pay. All these fees are on the TDS website.

1.1.47 TDS makes no charge to tenants for protecting the deposit – although

landlords or agents may pass on their subscriptions to their tenants as part of the

tenancy costs. There is no charge to landlords, tenants or agents for having a

dispute resolved.

Who can join the Tenancy Deposit Scheme?

1.1.48 The Tenancy Deposit Scheme is open to landlords and letting agents offering

residential property for rent. They will be asked to provide relevant information – as set

out in the TDS Rules – to TDS before it decides whether they can be accepted as a

member, and what their subscription will be.

Our guarantee of impartiality

1.1.49 TDS is overseen by a Board, which is responsible for operating and financing the

business. The Board, and the TDS management, have no role in resolving disputes

and cannot intervene in decisions about disputes. The scheme’s Head of Adjudication

is responsible for resolving disputes. The most usual method for resolving a dispute

through TDS is to use adjudication but the scheme may suggest negotiation, mediation

or other methods.

1.1.50 Adjudicators work fairly and impartially. All TDS adjudicators belong to the

Chartered Institute of Arbitrators and comply with our Adjudicator Code of Conduct,

which is available on the TDS website. The adjudicators make decisions without favour,

based on the issues in dispute and the evidence provided.

1.1.51 TDS publishes breakdowns of awards in its Annual Reports. These give an

overview of how awards are split between tenants, landlords and agents. You can

see the adjudicators’ decision-making guidelines and some example case studies at

www.tds.gb.com.

Data Protection

1.1.52 TDS will not use landlords’ or tenants’ personal data for any purpose except to

operate the scheme (this includes compiling statistical data) and resolve disputes.

From time to time, TDS may invite landlords or tenants to participate in surveys. If

What is the Tenancy Deposit Scheme? (Fifth edition)

Revised March 2013

you do not wish to be contacted for survey purposes, please inform TDS by letter or

email to the contact details given in this leaflet.

Contact details

1.1.53 Tenancy Deposit Scheme

operated by The Dispute Service

Limited

1.1.54 PO Box 1255

1.1.55 Hemel

Hempstead Herts

HP1 9GN

1.1.56 Tel: 0300 037 1000

1.1.57 Fax: 01442 253 193

1.1.58 Web:

www.tds.gb.com Email:

deposits@tds.gb.com