1 General
1.1 In this Agreement any reference to the masculine includes the feminine.
1.2 This Agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the Housing (Scotland) Act 1988 Schedule 4 paragraph 8 and the Tenant acknowledges that this Agreement shall not confer on the Tenant any security of tenure within the terms of that Act.
1.3 Where the Tenant comprises two or more persons, obligations, expressed or implied are deemed to be made by such persons jointly and severally.
2 The Property
The Property is the Property specified above, together with any outside space or garden.
3 The Deposit
3.1 The Tenant must give authority to hold their valid credit card for the Deposit specified above to the Landlord, to be held by the Landlord until the end of the Term as security towards the Tenant's liability telephone rental and charges, extra cleaning, damage/loss to the property and dilapidations and any other sums that may be due from the Tenant to the Landlord under this Agreement.
3.2 If by prior agreement a cash deposit is held, the deposit shall be refunded to the Tenant at the end of the Term (without interest) under deduction of such sums that may be due to the Landlord from the Tenant as a result of any breach of the Tenant's obligations.
4 Rent
The Tenant shall pay the Rent (together with any VAT for which the Landlord is accountable, if any) to the Landlord as specified above.
5 Interest
Where the rent or any other sum due by the Tenant under this Agreement is in arrears, whether legally demanded or not, the Landlord shall be entitled to charge interest at the rate of 4% above the prevailing base rate of the Bank of England on the outstanding sum from the date when the same became due until the date of payment.
6 Insurance
6.1 At all times throughout the Term the Landlord shall effect suitable building insurance cover for the Property and shall insure the Landlord's fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
6.2 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 for the Property and the Landlord's fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
7 Quiet Possession
The Landlord agrees not to interrupt or interfere with the Tenant’s right to quiet possession and enjoyment of the Property.
8 Underletting
The Tenant must not assign, underlet or part with or share possession of the Property or any part of it.
9 Use of Property
The Tenant shall use the Property for the purpose of a private holiday residence for a maximum of [NUMBER] persons only and not for any other purpose whatsoever and the Tenant must not use the Property or any part of it for any improper, immoral or illegal purposes.
10 Advertisements
The Tenant must not display notices or advertisements in the windows or elsewhere on the Property.
11 Nuisance
The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Landlord, other tenants or any neighbours.
Edinburgh District Council now implements an Anti-Social Behaviour Order (ASBO) to help combat noise pollution. This includes excessive noise from the above apartment. If the wardens/police are called to the apartment, a £1,000.00 fine will be payable by the above named guests. This penalty will not be the responsibility of A Fab Place to Stay or the owner of the apartment. PLEASE RESPECT THE NEIGHBOURS BY KEEPING NOISE LEVELS TO A MINIMUM
12 Damage
The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property.
13 Alterations to Property
The Tenant shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and the Tenant shall not (nor allow others to) remove any of the items specified in the inventory or any of the Landlord’s possessions, from the Property.
14 Maintenance
14.1 The Tenant shall keep any fixtures, fittings and effects of the Landlord in good repair and condition and must replace any damaged fixtures, fittings and effects with similar articles of at least equal value, reasonable wear and tear and damage by accidental fire excepted.
14.2 The Tenant must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.
14.3 The Tenant must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.
15 Outgoings
15.1 The Tenant must pay all charges for telephone calls.
15.2 The Landlord must pay all gas, electricity, broadband, water and sewerage charges and any rates/council tax or other taxes levied in respect of the Property.
16 Pets
The Tenant shall not keep or allow pets of any kind at the Property without the express written permission of the Landlord. If any pets are permitted they must be kept under strict control at all times and must not be left unattended in the Property. The Tenant will be responsible for all damage caused by the pet.
17 Reporting Disrepair
The Tenant must report to the Landlord any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances.
18 Rights of Access
The Tenant must allow the Landlord, his agent or contractors access to the Property at reasonable hours during the day, to inspect the condition of the Property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Landlord's repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Tenant's breach of any covenant contained in this Agreement regarding repair, maintenance or decoration. The Landlord shall normally give at least 24 hours' notice but the Tenant shall give immediate access in an emergency.
19 Suspension of Rent
If the Property or any part of it is damaged or destroyed by fire or any of the risks insured against by the Landlord so that the Property is not habitable, the Rent shall be suspended or a partial abatement allowed to the nature and extent of the damage and destruction until the Property has been reinstated and is fully habitable again. If the rent for the period of suspension has been paid in advance the Landlord must repay it or a fair proportion of it to the Tenant:
20 End of the Term
The Tenant must deliver up the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term, reasonable wear and tear and damage by insured risks excepted.
21 Re-entry
If at any time during the Term:
21.1 The Rent or any part of it is unpaid for more than 14 days after it is due, whether formally demanded or not, or
21.2 there is a breach of any other of the Tenant's obligations under this Agreement, or
21.3 the Property is left unoccupied for more than 14 days continuously otherwise than by prior agreement with the Landlord,
then the Landlord may recover possession of the Property and this Agreement shall end but without prejudice to any of the Landlord's other rights and remedies in respect of any outstanding obligations on the part of the Tenant.
22 Safety Regulations
22.1 The Landlord confirms that all furniture and furnishings comply with the relevant fire safety regulations.
22.2 The Landlord shall ensure that all gas appliances, flues and installation pipe work in the Property are checked by a British Gas or CORGI registered technician on an annual basis and that a record is kept stating the defects found (if any) and the remedial action taken.
22.3 The Landlord confirms that all electrical appliances and equipment supplied by him are safe so as not to cause danger.
The Landlord hereby agrees to let the Property and the Tenant hereby agrees to take the Property for the Rent and Term in accordance with the conditions stated within this Agreement.
23 Refunds
Refunds in full will be given in the event of notice of cancellation being made at least six weeks prior to the scheduled arrival date. Cancellation on less than six weeks notice will result in forfeiture of all amounts paid unless a replacement booking is obtained by afabplacetostay.com; in which case a refund will be made for the amount of the replacement booking or the original booking, whichever is the lesser.
