Tenant Terms and Conditions – Short Term Letting
The tenant who signs this agreement has booked a property for a predetermined period and cannot assume to prolong their stay or shorten their contract without the prior agreement in writing of the Landlord or his agent. Factotum do not guarantee lets nor do they inspect all properties prior to letting. In the event of a Landlord failing to sign their part of this agreement, cancelling, dishonouring their part of the contract or misrepresenting details of the property or its condition, Factotum will make every effort to find an alternative property, but no guarantee is given and Factotum will not be held liable. An agency fee as indicated in the terms section on the booking form will be charged.
A deposit against breakage, damage or other claims is required. This is held in trust by Factotum in a Clients’ Account and is reimbursed subject to deduction for damage, breakage or subsidiary costs such as phone charges, the excess use of gas or electricity, unpaid rent and cleaning, including linen over and above the set left on beds on the last night of the tenancy. Council tax, and rental or standing charges for utilities and telephone rental charges are included, unless otherwise stated in the ‘Special Terms’ section on this agreement. Any usage of utilities, phone and broadband will be charged or deducted from deposit as stipulated in the Special Terms section on any agreement. The deposit will be returned within four weeks of the end of the tenancy or when agreement with the landlord, or Factotum as their agent, is reached as to the amounts in settlement thereof.
The tenant and their family or co-tenants must not cause nuisance to the landlord or neighbours. They must use and maintain the property carefully and leave it in the same condition as they found it, paying particular attention to any special instructions re appliances, heating, security etc. that the Landlord may give. Tenants must abide by every parliamentary law and local by-laws. If the number of tenants exceeds that stated on the agreement the lease may be cancelled without prior notice and / or an excess charge made. No animals may be kept in the properties without the prior written agreement of the landlord or his agents.
Tenants should check the inventory of contents where provided. Payment of the rent and deposit to be made as per rental agreement; if not the booking may be cancelled without notice. Late rent payment will incur administration charges. Access to properties will not be given without full payment having been received as ‘cleared funds’ by Factotum. Payments such as Visa or online payments may be subject to a surcharge up to 2%.
Tenants should insure their own personal belongings and include any cover for cancellation of the let. Any defects or complaints regarding properties should be reported to Factotum within 24 hours of occupation. Whilst Factotum will make every effort to get the landlord to rectify any problems, we will not be held responsible for any loss or inconvenience caused by the landlord’s failure to do so. Any accounts or disputes between landlords and tenants over rent or deposit deductions or other financial claims will normally be dealt with by Factotum. An administrative charge of 17% will be levied on all bills plus any other costs i.e. viewing, telephone, fax, meetings etc. If the landlord and tenant cannot agree on an amount in settlement in respect of any dispute over refund of deposit or any other financial claim and fail to agree upon a mutual arbiter within three months of the tenancy ending, Factotum will apportion funds between landlord and tenant as they feel fit and neither the landlord nor the tenant will have any claim against Factotum in respect of that apportionment.
Appliances should be switched off or turned down (as appropriate) at the end of the tenancy, properties left secure and all keys (clearly labelled) returned to Factotum by noon of the day of the tenancy ending. If this is not done the landlord or Factotum reserve the right to change the locks at the tenant’s expense, replace keys and where appropriate make further rental charges. Keys (usually one set per bedroom) are obtainable from Factotum during office hours (Monday to Friday 9am to 5pm). There is normally an out of office hours charge for key handling. Whilst we will make every effort to accommodate late or weekend arrivals, these must be by special prior arrangement and may be charged accordingly.
As tenants you acknowledge that the purpose of the tenancy is for a holiday and that under the terms of the Housing (Scotland) Act 1988 where the purpose of the tenancy is to confer on the tenant the right to occupy the property for a holiday, then that tenancy is not an Assured Tenancy under the terms of that Act. This agreement is subject to vacant possession being granted by occupiers who may have a tenancy up to the commencement of this agreement and until they flit the subjects of let. These conditions are subject to Scottish Law.
Special terms might either override or augment the standard terms. It may also include extra duties Factotum may be including (or not) that would otherwise be out-with the normal terms such as extra linen and attendance. They might often repeat terms already written to highlight their importance.
Each contract might vary to some extent depending on the landlords, tenants and agents special requirements. This sample contract is not to be taken as no more than that; an example.
Special terms might include the following:
- This is a No Smoking Flat. Smoking is not permitted.
- Broadband, if provided, assumes a data transfer limit equivalent to 10 Gigabytes per month.
- Admin agency fee £75 + VAT to be deducted from deposit.
- Council tax and reasonable use of gas and electricity is also included. An allowance of £10.00 per week or £5.00 per utility per week (whichever is the lesser)
- Out of office key collection has been arranged and will be charged to tenants.
- Extra linen changes will be charged to tenants.