York City Properties Ltd (Licensor) allows the student (Licensee) to
occupy a study room (the Accommodation) at Holgate Hall (the Building)
on the understanding that such occupancy is as a licensee, which gives you
a contractual right to occupy the Accommodation and not as a tenant. As
a Licensee you have no legal interest in the property. The Licence is
legally binding. You will be held responsible for the payment of fees for
the whole period of the Licence.
LICENCE AGREEMENT dated
(1) THE LICENSOR: YORK CITY PROPERTIES LTD
(2) THE LICENCEE:
LICENCE PERIOD: 29th August 2010 until 31st July 2011
Commences: 29th August 2010 at 2pm
Ends: 31st July 2011 at 10am
RENT: £ Per week of the Licence period
Payable in advance in instalments
INSTALMENTS: 1) 29th August 2010 £
2) 1st January 2011 £
3) 1st April 2011 £
THE DEPOSIT (Deposit) of £300 will be due on the date of this Agreement. The
Licensee will forfeit the Deposit if they fail to take up the Accommodation.
2. LICENCEE’S OBLIGATIONS
The Licensee agrees with the Licensor to comply with the following obligations.
2.1.1 To pay the Rent and the Deposit to the Licensor on the due dates specified
above by Standing Order into a bank account of the Licensors choice.
2.1.2 Not to reduce any payment of Rent by making any deductions from it or by
setting any sum against it.
2.1.3 To pay a late payment fee of £35 if payment is not made by the due date and
interest on the sum (at 5%) if full payment is not received within 7 days of the
2.1.4 (a) To pay any council tax which the Licensee is obliged to pay under the
Local Government Finance Act 1992 or any regulations under that Act
(b) To pay to the Licensor the amount of any council tax which, while the
Licence continues, the Licensor becomes obliged to pay under that Act or those
regulations for any part of the Licence including if the Licensee cease to live
(c) Pursuant to the Communications Act 2003 to purchase a Television Licence
for the use of any television receiving equipment such as a TV set, set-top box,
video or DVD recorder, computer or mobile phone the Licensee brings into the
Accommodation or Building and to make the Television Licence immediately
available for inspection upon the Licensors request.
(d) To pay all other charges of any kind which are now or later come to be
charged to the occupier(s) of the Building as such by any body acting under
statutory authority in making such a charge.
2.1.5 To pay the Licensor promptly when notified of any Administration Charges.
See attached schedule
2.2 Cleaning and Repairs
2.2.1 Not to damage or permit damage to the Accommodation (including furniture
and fittings in it) or to damage or permit damage to any other part of the
Building nor to damage or injure any person or the property of any person
(including the Licensor) in the Building.
2.2.2 To keep the Accommodation clean & tidy and not to cause any other part of
the Building to become dirty or untidy.
2.2.3 To leave clean and tidy following each period of use the kitchen and
bathrooms of the Building.
2.2.4 To remove all rubbish & recycling regularly.
2.2.5 To pay the Licensor the amount of any bill generated for cleaning the property
should cleaning standards fall below those deemed acceptable by the Licensor.
2.2.6 To report any damage or need for repair to the Licensor promptly on
2.2.7 Not to alter or redecorate the Accommodation (including the furniture or
fittings) or fix anything to the ceilings, doors or windows of the
Accommodation. To use White Tac only to fix items to the walls.
2.2.8 To permit the Licensor and/or all persons authorised by the Licensor to have
access to the Accommodation at all reasonable times:
(a) to inspect the state of it and any furniture and fittings in it and, while the
Licensor may inspect more often, there will be at least two inspection in
each of the Rent Instalment Periods to ensure that the terms of this Licence
are and in particular clauses 2.2.2 and 2.2.3. are being complied with.
(b) To carry out cleaning or any works of maintenance or repair which the
Licensor may reasonably consider to be necessary
(c) To allow prospective licensees or purchasers to view it.
In all cases, the Licensor will where at all possible give the Licensee 24 hours
notice but must be able to obtain access on short notice or without notice in the
case of emergencies. In the event of the Licensee not being present at the
particular time when access is required the Licensor will be permitted to have
access to the Accommodation and may use a duplicate key to obtain access.
24 hour notice of access to the communal areas for routine housekeeping or
maintenance/cleaning checks will not be given.
22.214.171.124 The Licensee will be held responsible for any damage caused to the
Accommodation and the furniture, equipment, fixtures and fittings in it, except
any damage resulting from the negligence of the Licensor or its agents.
126.96.36.199 If damage is caused to the communal parts of the Building and it is not
possible to identify the person or persons responsible for such damage, the
Licensee will pay to the Licensor an amount (the Communal Charge) unless
the Licensee is able to demonstrate that the Licensee was not present at the
incident (the Incident) which caused the damage.
(a) the Communal Charge shall be calculated as the reasonable cost to the
Licensor of repairing such damage and a reasonable administration charge
divided by the number of occupiers of the Building, excluding any
occupiers who can demonstrate that they were not present at the Incident.
2.3 Use and Occupation of Accommodation
2.3.1 Only to use the Accommodation as a single private room occupied only by the
Licensee personally and not to use it or any part of the Building for any other
purpose nor to allow anyone else to do so
2.3.2. Not to allow any other person to occupy the Accommodation except as
allowed by this clause 2.3 or clause 2.8 and in any case not to allow babies or
children to occupy the Accommodation.
2.3.3 Not to assign, transfer or sublet this Agreement or Accommodation.
2.3.4 To use the Accommodation as a private residence only and not for any other
2.3.5 Not to carry on any profession, trade or business from the Accommodation or
2.3.6 Not to behave in the Building in such a way as to be a nuisance annoyance or
inconvenience or in a manner that is bullying or intimidating to any other
occupier of the building or the owners or occupiers of premises in the vicinity
of the Building or so as to cause or be likely to cause injury, damage or
distress to such persons or their property or the property of the Licensor.
2.3.7 Not to use the Accommodation or any other part of the Building for any illegal
or immoral purposes or in such a manner as to bring YCP or Archbishop
Holgates School into disrepute and in particular not to commit a criminal
offence in or in the vicinity of the Building.
2.3.7. Not to act in anyway which will or may result in the insurance of the Building
being void or voidable or in the premium for it being increased nor to allow
anyone else to do so.
2.4 Health and Safety
2.4.1 Not to interfere with or misuse any fire fighting or fire detection equipment
safety signs or notices that are provided and displayed in the Building for the
protection and guidance of occupiers. The Licensor may make a reasonable
charge to cover any loss or damage caused by such interference.
2.4.2. To leave any fire doors closed.
2.4.3. Not to obstruct fire exit routes.
2.4.4. (a)Not to bring or keep any dangerous, combustible, explosive or illegal
substances or item(s) into or in the Accommodation or Building.
(b) The following are also prohibited
Fire Arms, including replicas, models, airguns, pellet guns and paint
ball guns, knives or offensive weapons.
The sale of alcohol within the Building or Accommodation
The use of any oil, paraffin, gas, electric heater, electric blanket or any
The use of candles, oils burners, incense sticks, Hookah/Shisha pipes,
chip pans, any form of deep fat frying, sunbeds, fireworks in or around
the Building and Accommodation.
The use of cooking equipment including kettles, coffee makers, rice
cookers etc in the Accommodation.
2.4.5 To comply with all emergency and evacuation procedures (including fire
drills) details of all procedures will be found in the Accommodation.
2.4.6 Not to use electrical equipment in the Building unless a PAT certificate has
been obtained or wire any electrical equipment to or from the Accommodation
to any other part of the Building or overload any electrical socket with
additional sockets, adaptors or appliances. The Licensor reserves the right to
remove any electrical equipment found to be dangerous or unsafe or any
wiring. The Licensor will make reasonable charge to the Licensee for each
PAT certificate supplied if the Licensee has not supplied their own.
2.4.7 Not to lean out of or throw items out of windows.
2.4.8 Not to bring any items of furniture into the Accommodation or Building
without permission from the Licensor and any such item must conform to the
standards required by BS5853 Fire testing and BS7176 Resistance to Ignition
(Upholstered Furniture) April 2004.
2.4.9 Upon becoming aware of any defect or other matter relevant to Health and
Safety to report details to the Licensor promptly.
2.4.10 To attend any induction course provided by the Licensor for the residents and
to be familiar with the relevant Health and Safety requirements for the
Accommodation and Building.
2.5.1 To ensure that guests invited into the Building by the Licensee do not cause
disturbance to other occupiers of the Building. The number of invited guests
visiting at one time must not exceed 3. Further guests are permitted with the
consent of the Licensor and consent must be obtained at least 24 hours prior to
the arrival of such guests.
2.5.2. To ensure guests leave the Building immediately upon being reasonably
requested to do so by the Licensor.
2.5.3 To ensure all guests sign in and out when entering and leaving the Building.
2.5.4 Not to allow any more than 1 guest to stay in the Accommodation overnight
without the prior permission of the Licensor not to be unreasonably refused
and not in any event for more than 2 nights in any one week.
2.5.5 With the Licensors prior permission 2 guests (but no more) may stay in the
Accommodation at any one time and not in any event for more than 2 nights in
any one week.
2.5.6 Not to allow guests to sleep in communal areas of the Building.
2.5.5. To ensure that Licensee’s guests leave the Building by 23.00 on Sunday –
Thursday inclusive and by 24.00 on Fridays and Saturdays (unless permitted
to stay overnight pursuant to this clause 2.5)
2.6.1. To report any lost or stolen keys to the Licensor promptly and to pay to the
Licensor a reasonable charge to cover the replacement of keys and locks.
2.6.2. Not to give keys to anyone else or to duplicate keys.
2.6.3. To return keys to the Licensor on vacating the Accommodation at the end of
the Licence period.
2.6.4. When leaving the Accommodation or Building to ensure that doors and
windows are securely closed and locked behind them.
2.6.5. Not to allow any person who is not known to the Licensee into the Building
and to report any suspicious person or item to the Licensor.
2.7.1. To keep noise to a minimum at all times and especially between 23.00hours
and 8.00 hours pursuant to the Antisocial Behaviour Act 2003.
2.7.2 Not to use audio visual equipment or musical instruments in the
Accommodation or Building in such a way as to disturb other occupiers of the
Building or for such equipment to be audible outside the room in which the
equipment is located.
2.8.1 Not to keep any animals birds’ reptiles insects or fish in the Accommodation
or Building except than any Licensee that is registered blind may keep a guide
Not to smoke in the Accommodation or Building or to allow any one else to
Not to wheel bicycles through The Building or to store bicycles in any part of
The Building. Bicycles must be parked in designated areas.
2.11.1 The Licensee will only cook, use kettles, toasters or other kitchen equipment
in the kitchen facilities provided and not in any other part of the
Accommodation or Building.
2.11.2. To clean the kitchen equipment after use by the Licensee and not to cause the
kitchen to become dirty and untidy.
2.12 Enrolled Student
2.12.1 To be enrolled as a full time student for the period of the Licence.
2.12.2 To notify the Licensor immediately if the Licensee is no longer enrolled as a
full time student or knows that they will no longer be an enrolled full time
student at anytime during the Licence period. Failure to notify the Licensor
will result in the Licensee being liable for all and any cost incurred by the
Licensor due to the Licensee remaining in the Accommodation and no longer
being an enrolled full time student.
3. LICENSORS OBLIGATIONS
3.1. So long as this Agreement continues and the Licensee complies with its
terms to allow the Licensee to occupy and use the Accommodation without
3.1.2 The Licensor will ensure that the Building is repaired and maintained in
accordance with the statutory regulations that apply to it.
3.1.3 To pay service providers for the supply of gas electric, water and internet to
4. THE PARTIES TO THIS LICENCE AGREE
4.1. A right given to the Licensor to enter the Property and Building extends to
anyone the Licensor authorises to enter and includes the right to bring
workmen and appliances onto the Building for the stated purpose
4.2. “Interest” means interest at the Law Society’s rate from time to time
4.3. The Licensors address for service of notices including notices in proceedings
is the address given above for the Licensor until the Licensee is notified of a
different address in England or Wales
4.4. Any notices to be given to or served upon the Licensee by the Licensor may be
posted to the Licensee at the Accommodation or left in the Accommodation.
4.5. A reference to an Act of Parliament refers to that Act as it applies at the date
of this Agreement and any later amendment or re-enactment of it
4.6. The Licensor may use the Deposit made by the Licensee to cover rent arrears,
occupational payment arrears due under this Agreement, to make good any
loss or damage to the Accommodation and the Building or any part of the
Building damaged by the Licensee or the Licensee’s visitors or any failure to
decorate or to clean the Accommodation or any other room in the Building if
left dirty on leaving and Administration Charges owing. Within 14 days after
the end of the Licence the Licensee will provide to the Licensor proof that the
service providers rates and other occupational payments due and payable by
the Licensee in respect of the Accommodation or Building have been paid in
full. Subject to the provisions in this clause the deposit will be repaid in full
or part in accordance with the conditions and time scales determined by the
Deposit Protection Service. The Licensor is not liable for any loss or damage
suffered by the Licensee due to the actions of the Deposit Protection Service.
4.7. Nothing in this Licence Agreement will create rights in favour of anyone other
than the parties to this agreement.
5. TERMINATION OF THE LICENCE BY THE LICENSOR
PROVIDED ALWAYS this Agreement may be terminated in the ways set out
in this paragraph 5.
5.1 This Agreement will terminate if the Licensee is no longer enrolled as a full
5.2.1. That if at any time the rent hereby reserved or any part thereof is 21 days in
arrears (whether formally demanded or not) or if a Licensee has failed to
observe or perform any of the Licensee’s covenants herein contained, the
Licensor may re-enter upon the premises or any part thereof in the name of the
whole and thereupon the term hereby granted shall absolutely determine but
without prejudice to any claim by the Licensor against the Licensee for any
antecedent breach of the covenants herein contained.
5.3.1 For the sake of clarity the Licensor may rely on the grounds contained in s.10
subsections 2,8,10-15 & 17 of The Housing Act 1988 as amended by The
Housing Act 1996, to seek possession and evict the Licensee from The
Property, namely: -
5.3.2 Upon the Licensee owing 2 or more months rent.
5.3.3 Upon the Licensee being behind in payment of the rent.
5.3.4 Upon the Licensee being persistently late in paying the rent.
5.3.5 Upon the Licensee having broken 1 or more terms of the Licence
5.3.6 Upon the condition of the Accommodation or Building getting
considerable worse because of the behaviour of the Licensee.
5.3.7 Upon the Licensee or someone causing or being likely to cause
nuisance, noise or annoyance to another Licensee or someone living in
5.3.8 Upon the Licensee being convicted of using the
Accommodation/Building or allowing the Accommodation/Building to
be used for immoral or illegal purposes or committing an arrestable
offence in the Accommodation, Building or locality.
5.3.9 Upon the condition of the furniture in the Accommodation or Building
getting worse because it has been ill-treated by the Licensee.
5.3.10 Upon the Licensor being persuaded to grant the Licence on the basis of
a false statement knowingly or recklessly made by the Licensee or a
person acting on the Licensee’s instigation.
5.3.11 At the end of the Licence Period or where the Licensor terminates this
Agreement the Licensee must vacate the Accommodation by 10.00 hours
on the day of termination and remove from it all personal belongings and
return all keys to the Accommodation and Building to the Licensor.
5.3.12 Any belongings left in the Accommodation after this time will be
deemed unwanted and may be disposed of after a period of 5 days
without notice to the Licensee.
5.3.13 If the Licensee does not vacate the Accommodation in accordance with
this paragraph 5, the Licensor may apply to the court for an order for
possession and may claim from the Licensee such costs of those
proceedings as the court will allow.
5.3.14 The termination of this Agreement will not cancel any outstanding
liability the Licensee has to the Licensor at the date of termination.
6. TERMINATION OF THE LICENCE BY LICENSEE
6.1.1 The Licensee shall not be entitled to terminate this Agreement during the
Licence Period and shall undertake to remain in occupation of the
Accommodation throughout the Licence Period and make all payments
6.2 If the Licensee wishes to terminate the Licence and arrangements can be made for
another student, who is not currently residing at the Building, to take the
Licensee’s place, the Licensee at the Licensors discretion may be released from
the Licence. The Licensor reserves the right to charge a reasonable sum to
compensate the Licensor for any cost or loss incurred because of the Licensee’s
release from the Licence.
7. NOTICE OF HEAD LEASE
The Licensors hereby notifies the Licensee that during the Licence Period the
Building will be subject to a Head Lease between the Licensor and The Trustees
of the Archbishop Holgate’s Grammar School Foundation (the Freeholder) and
that the Licensor will not be liable to the Licensee for any failure to fulfil
covenants contained in the Licence Agreement which result from the actions or
failure of the Freeholder.
ON BEHALF OF York City Properties Ltd THE LICENSOR