Please read this agreement before signing the agreement below:
- This Agreement is between the Licensor: SAP Birmingham of 13 New Street, Erdington, Birmingham, England, B23 6SD (11624346)
AND - The Licensee: defined below
- The Licensor agrees to provide accommodation and the Licensee agrees to reside at the stated Address defined below.
- The Licence begins on the date defined below. The Licensee will not move into the property until the date written upon the Licence Agreement and their Housing Benefit entitlement is determined. The agreement must be signed by the Licensee.
- The Licence will end on either the date defined below or earlier if it is this licence is determined in accordance with clause 15. This Licence may be renewed by the Licensee.
- The Licensee agrees the accommodation is fully furnished and they are to occupy the above room along with having use of the Common Parts. They cannot occupy any rooms not designated for communal use, such as the rooms of other occupants.
- DEFINITIONS AND INTERPRETATION
The following definitions and rules of interpretation apply in this licence.
Building: all that land and buildings defined below or such reduced or extended area as the Licensor may from time to time designate as comprising the Building
Common Parts: such roads, paths, entrance halls, corridors, lifts, staircases, landing and other means of access in or upon the Building the use of which is necessary for obtaining access to and egress from the Property as designated from time to time by the Licensor and also the communal areas and most convenient bathroom within the Building.
Licence Fee: the amount specified in clause 8 or such other amount as the Licensor in its absolute discretion may from time to time determine on reasonable notice.
Property: the room and property detailed at clause 3 above which shall include all fixtures and fittings or such other space as allocated to the Licensee from time to time under Clause 9.1a(iv) - RENT AND PAYMENT
a. The Licensee agrees to pay the Licence Fee which at the start of this Licence is made up of a ‘Weekly core rent’ defined below plus a weekly service charge defined below, which will contribute towards the cost of support, supervision and utilities.
b. The Licence Fee is due weekly in advance and is payable on a Monday. Please note that the above amount is subject to change.
c. In order to access this Exempt Accommodation Service, the Licensee must have a qualifying level of support needs during the assessment process. It is important to understand the criteria for support is met under the DWP legislation. The Licensee’s willingness to participate in the support is crucial, failing which the Accommodation cannot be offered. - LICENCE TO OCCUPY
Subject to clause 13 and clause 15, the Licensor permits the Licensee to occupy the Property until the licence end date specified in clause 5 in common with the Licensor and all others authorised by the Licensor (so far as is not inconsistent with the rights given to the Licensee to use the Property).
a. The Licensee acknowledges that:
i. the Licensee shall occupy the Property as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;
ii. the Licensor retains control, possession and management of the Property and the Licensee has no right to exclude the Licensor from the Property;
iii. the licence to occupy granted by this agreement is personal to the Licensee and is not assignable and the rights given in Clause 9 may only be exercised by the Licensee and its employees; and
iv. the Licensor shall be entitled at any time on giving not less than One weeks’ notice to require the Licensee to transfer to alternative space elsewhere within the Building and the Licensee shall comply with such requirement. - PURPOSE OF THE ACCOMODATION
This accommodation provides a temporary home and support to individuals who are unable to obtain permanent accommodation and/or require support to manage their tenancy. Therefore, the Licensee does not have exclusive possession of the accommodation;
a. the Licensee must provide access to the property at the Licensor’s discretion.
b. the Licensor has the absolute right to access the property to check on the Licensee, as well as other occupants, at any time and without notice to ensure they are safe, have not caused harm to themselves or anyone else, have access to emergency services, and
are not under the influence of illegal substances or alcohol.
c. This right will be exercised with consideration to the Licensee’s health and wellbeing and that of any other occupiers. - NOTICES
a. Any notice served on the Licensee will be validly served, addressed to the Licensee and posted or delivered to the Property.
b. The Licensee may serve a notice directly to the Licensor. A Licensee wishing to terminate their licence will need to provide 7 days’ notice in writing. - CHANGES TO SERVICE CHARGE
a. The service charge (see clause 8) fee may be increased or decreased. The Licensee will be given at least 7 days’ notice of changes in writing. The new amount shall be stated and shall succeed the existing service charge fee on the date stated upon the notice.
b. If the Licensee does not wish to continue the licence at the new fee, the Licensee may end this Agreement by giving the Licensor 7 days’ notice in writing expressing the intention to end the Agreement, ending on or before the new service charge amount takes effect. - ACCOMODATION RULES AND RESPONSIBILITY
By signing this agreement, the Licensee agrees to;
a. Comply and co-operate with the Licensor.
b. Pay the weekly service charge when it is due.
c. Never to take in a lodger or sub-let the whole or any part of the property.
d. Never allow unauthorised individuals or groups to live or sleep within the accommodation. Not have anyone stay at the property overnight without the Licensor’s prior authorisation.
e. Not allow visitors on the premises without prior consent from the Licensor. Visitors must have vacated the premises by 10pm at night.
f. Leave the accommodation immediately if the fire alarm sounds and follow the fire evacuation procedure strictly.
g. Not to bring or allow children (under 18 years) into the accommodation or premises under any circumstances. Women who become pregnant whilst residing at the accommodation will need to vacate the accommodation 4 weeks before their due delivery date, unless occupying the Mother & Baby Unit.
h. Be responsible for the behaviour of any of their visitors and take on any liability that their behaviour may result in.
i. Not remove of make any alterations to the property, including their room, any fixtures, fittings, or the contents belonging to the Licensor.
j. Not hang any pictures or stickers to the walls or furniture without consent from the Licensor.
k. Not operate a business or any other commercial activity within their room or the property.
l. Not carry out any repairs of servicing of vehicle(s) within the property lines, or allow any visitors to do so.
m. Never be under the influence of illegal drugs or alcohol.
n. Not smoke or vape within the building.
o. Not to bring any weapons of any kind onto the premises (Police will be called immediately)
p. Not use the accommodation for any illegal, immoral, or unlawful activity (see 12a).
q. Not do, threaten to do, or encourage another person to do anything which causes, is likely to cause, or could cause nuisance or annoyance (see 12b) to any other occupiers, visitors, neighbours, and any staff or contractors of the Licensor.
r. Not harass or threaten to harass any person for any reason, including but not limited to harassing someone on any protected characteristic (see 12c).
s. Not engage in any vandalism, including graffiti, upon the property or anything belonging to any other occupant or visitor.
t. Not keep any animal: bird, fish, reptile, or insect, or similar within the property without first acquiring written consent from the Licensor.
u. Not park any vehicle in the communal areas without consent of the Licensor, which may be withdrawn at any time without notice.
v. Keep the accommodation in a good, clean and tidy condition.
w. Not leave, store or keep personal items in any communal arrears, outside of designated spaces (eg allocated cupboards).
x. Take all reasonable precautions to not cause damage to the property or the belongings of other occupants or visitors.
y. Not keep anything which may or is likely to cause an explosion within the accommodation.
z. Protect their safety and that of other occupants by closing all external and safety doors and engaging locks on access points into the property.
aa. Control and never lend out any keys, access fobs, or codes which could be used to grant entry into the property.
bb. Never keep or leave rubbish or dangerous materials or belongings which could constitute a health and safety or fire safety risk within the property.
cc. The fact that the Licensor is entitled to remove and dispose of any rubbish, dangerous materials, or belongings which could constitute a health and safety or fire safety risk within the property. the Licensor agrees to;
a. Allow the Licensee to occupy the accommodation in the room and property as set out in the Agreement.
b. Insure the structure of the Accommodation and any fixtures and fittings owned by the Licensor (not the Licensee’s personal belongings) against risks.
c. To maintain the property in reasonable state of repair and carry out any reported maintenance within a reasonable time frame.
d. Provide a furnished room, comprising of a bed, linen, curtains or blinds, adequate storage and a lock on the door.
e. Adhere to electrical and gas safety compliance and regulations. - CLARIFICATIONS
We recognise that everyone has a right to their chosen lifestyle. However, it must not interfere with the quality of life of others.
a. Things that are illegal, immoral, or unlawful:
i. bringing, storing, and/or possession of illegal drugs and substances within the property, whether it be for personal use or not;
ii. partaking in and/or selling of illegal drugs and substances;
iii. storing and distribution of offensive and racist material or illegal pornography;
iv. storage and handling of stolen goods;
v. the theft of anything belonging to someone else.
b. Things that are considered a nuisance or an annoyance:
i. playing loud music, radio, videos, or instruments, especially in the evening and at night;
ii. selling drugs;
iii. using abusive and offensive language;
iv. vandalising property;
v. being violent or threatening violence towards others;
vi. leaving personal items within the common areas;
vii. not cleaning up after oneself.
c. Things considered to be Protected Characteristics
Race
Skin Colour
Age
Religion
Personal beliefs
Gender Identity
Cultural Differences
Abilities
Sex
Physical/mental disability
Sexual Orientation
Lifestyle Difference - TERMINATION OF LICENCE AGREEMENT
15.1 This licence shall end on the earliest of:
(a) the expiry of any reasonable notice given by the Licensor to the Licensee at any time on breach of any of the Licensee’s obligations contained in this Licence; or
(b) the expiry of reasonable notice given by the Licensor to the Licensee or by the Licensee to the Licensor.
(c) the date specified in clause 5 (if any)
15.2 Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.
This licence is likely to be ended if:
a. The Licensee fails to pay service charge when it is due
b. The Licensee is offered alternative accommodation
c. The Licensee needs greater support and care than the Accommodation is able and intended to provide
d. The Licensee has caused serious or persistence nuisance (12)
e. The Licensee fails to abide by the terms of the Agreement
f. The Licensee’s continued occupancy would/could pose a threat to themself or anyone else using the accommodation.
g. The Licensee is absent from the Accommodation for more than 7 consecutive days, unless they have given prior notice to and received confirmation from the Licensor, it will be assumed the Licensee no longer needs the accommodation
h. If the Licensee abandons their Accommodation and the property without telling the Licensor, the Licensor will enter the Accommodation on the seventh date and begin to vacate the Accommodation.
i. The Licensee fails to provide, or deliberately omits, personal information that can affect their Housing Benefit claim and rent payment, the efficiency of support they will receive, or become a risk to the Licensor, their staff, other residents of the Accommodation, and neighbours
However,
a. If the Licensee attempts or threatens to intimidate and/or bully and/or assaults any of the Licensor’s staff, including hired contractors and any team members visiting, any other residents of the accommodation, or is found acting in any other anti-social manner, such as and not limited to:
i. committing criminal damage to the property;
ii. involving themselves in robbery or burglary;
iii. using class ‘A’ drugs;
iv. committing vehicular crime;
v. intimidating neighbours by threats or violence;
vi. verbally abusing anyone, especially based on their protected characteristics (see 12c);
vii. harassing anyone, especially based on their protected characteristics (see 12c);
viii. causing persistence, excessive noise pollution;
ix. dumping rubbish unlawfully;
this Agreement will be IMMEDIATELY TERMINATED. - MOVING OUT
On the date this licence ends;
a. The Licensee will be required to inform the Licensor of their intention to leave. An explanation will not be necessary but welcomed.
b. The Licensee will pay any outstanding service charge in full.
c. The Licensee will move out and take ALL their personal belongings with them. The Licensor is not responsible for anything left in the accommodation and is not required to hold the Licensee’s personal possessions after the Agreement ends.
d. The Accommodation keys, fobs and key cards will be returned to the Licensor on the date the Licensee moves out.
e. The Accommodation will be left clean and in good condition.
f. All the furnishings which are owned by the Licensor will remain at the Accommodation. - LIMITATION OF LIABILITY
a) Subject to Clause 17(b), the Licensor is not liable for:
a. the death of, or injury to the Licensee, its employees, customers or invitees to the Property; or
b. damage to any property of the Licensee or that of the Licensee’s employees, customers or other invitees to the Property; or
c. any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee or the Licensee’s employees, customers or other invitees to the Property in the exercise or purported exercise of the rights granted by Clause 9.
b) Nothing in Clause 17a shall limit or exclude the Licensor’s liability for:
i) death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents; or
ii) any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability. - COMPLAINTS PRODEDURE
The Licensee can approach the Licensor with any complaints or grievances they may have about the Accommodation, staff or service provided. If the Licensee is unsatisfied with the outcome, they can contact the Housing Ombudsman Service or Citizens Advice Bureau.