This Agreement becomes effective on the date that the Security Deposit is paid by the Tenant to The Ellingham (‘Commencement Date’). Payment of the Security Deposit constitutes acceptance of the Terms of this Agreement. 

LET PROPERTY

1. The Ellingham agrees to let to the Tenant and the Tenant agrees to take a tenancy of the Property (and its contents), for residential premises only.

2. Subject to the provisions of this Agreement, apart from the Tenant and the Tenant’s immediate family members, no other persons will live in the Property without the prior written consent of The Ellingham.

3. The Tenant is not to receive paying guests or carry on or permit to be carried on any business, trade or possession on or from the Property without the prior written consent of The Ellingham.

4. During the last 30 days of this Agreement, the Tenant agrees to allow The Ellingham at reasonable hours and with the provision of 24 hours’ notice, to enter the Property with prospective tenants for the purpose of viewing the property.

TERM

5. The term of the tenancy commences on the date specified in Tenant's Lease or Invoice and ends on the date specified in the Lease or Invoice.  (the ‘Term’).

6. Upon request and before the expiration of the Term, the Tenant may request to renew the Agreement for an additional term. Subject to availability, The Ellingham will provide the Tenant with notification of the terms of the renewed agreement.  The terms of the Agreement may be varied, particularly in respect of increase or decrease in rental payments, as the pricing tariff fluctuates throughout the year.  If the Parties cannot agree as to the amount of the rent, this Agreement will not be renewed and the Tenant must vacate the Property at the end of the initial Term.

7. Should the Tenant bring the tenancy to an end before the expiry of the Term or extended Term, The Ellingham has the right to retain the Security Deposit in whole or in part, in respect of any sum of Rent payable for the agreed Term. The Ellingham will attempt to secure a new tenancy with another and if successful may or may not release the Tenant of his/her obligations in respect of rental payments either in whole or in part, to the end of the Term.

RENT AND RENEWAL OF AGREEMENT

8. Subject to the provisions of this Agreement, the rent for the Property is specified in the Lease or the Invoice  (the ‘Rent’).

9. The Tenant will pay the Rent in advance, on or before the Arrival day and on the same day of each month thereafter by standing order or bank transfer.  Should the Tenant prefer to pay the Rent by debit or credit card, a 3% surcharge will be added to the Rent.

10. The Ellingham will pay for all utilities, charges and rates incurred as a result of the Property being tenanted, without prejudice to Clause 30.  Such payments will include parish rates, TRP, water, gas, electricity, waste and recycling, Wi-Fi, boarding permits, other mandatory assessments and other outgoings in respect of the Property.

11. Rental payments are to be received in the following bank account.

BANK TRANSFER INFORMATION:

Bank / Branch:                                    Royal Bank of Scotland International Ltd / Natwest International Guernsey

Address:                                                  PO Box 62, Royal Bank Place, Glategny Esplanade, St Peter Port, Guernsey

Account Name /Address :            Genoa Holdings Ltd, The Office, Ellingham Cottages, Les Camps du Moulin, St Martin, Guernsey, GY4 6DX

Sort-Code/ Account number:    60-09-20                                                               74366076

IBAN / BIC:                                            GB86NWBK60092074366076              RBOSGGSX

SECURITY DEPOSIT

12. To confirm acceptance of the Terms of this Agreement and to secure the Property, the Tenant will pay The Ellingham a security deposit of an agreed amount (the ‘Security Deposit’).

13. This Agreement becomes effective on the date that the Security Deposit is paid by the Tenant to The Ellingham (‘Commencement Date’).

14. The Ellingham will return the Security Deposit at the end of this Tenancy, less such deductions for damage other than fair and wear and tear.

15. The Tenant may not use the Security Deposit as payment for the Rent (this is without prejudice to the right of The Ellingham to retain the Security Deposit, or any part of it, at the end of the Term in respect of any sum of rent which is in arrears at the end of the Term).

16. The Security Deposit will be retained by The Ellingham in the event that the Tenant brings the Agreement to an end following the Commencement Date but prior to the Term start date.

17. The Ellingham agrees to pay promptly to the Tenant when the Tenant vacates the Property the Security Deposit that the Tenant has paid except any portion that the Ellingham is entitled to retain to cover any breach by the Tenant of the terms of this Agreement.

INSURANCE

18. The Property is insured by The Ellingham.

19. The Tenant is advised and understands that the personal property of the Tenant is not insured by The Ellingham for either damage or loss and The Ellingham accepts no responsibility for any personal property.

20. The Tenant is not to do or permit anything to be done which might make void or voidable the insurance of the landlord or do something to cause an increase in the premium.

HOUSEKEEPING

21. The Ellingham will provide a housekeeping service to the Property on a weekly basis, subject to the Property being tidy and in an otherwise acceptable condition which allows the Housekeeper to service the Property efficiently.

22. The housekeeping service will include a full clean of the Property, plus a change of bedding and towels. The housekeepers will not tidy belongings

CARE AND USE OF PROPERTY

23. The Property is in a quiet location and provides a relaxed environment for guests.  The Tenant is to be considerate to other guests with regards to noise, behaviour, cleanliness and tidiness at all times.

24. No pets or animals are allowed to be kept in or about the Property.

25. It is forbidden by law for any person to smoke within the Property. It is permitted for the Tenant to smoke outside subject to being considerate to other guests; to ensuring that smoke does not enter the Property or other adjacent properties via open windows or doors; and subject to all smoking-related litter being immediately disposed of safely.

26. The Tenant is entitled to the use of one parking space on the Property and subject to available space able to use a second parking space. The Property is subject to a Terre A L’Amende and the Tenant must provide vehicle details (make, model, registration number) to The Ellingham.

27. The Tenant is not permitted to register any company at the Property, or to provide the address of the Property as a business address.

28. The Parties will comply with standards of health, sanitation, housing, fire and safety as required by law. The use of candles and tealights is strictly forbidden.

29. The Tenant is not to leave the Property unattended without securing and locking the front door and patio doors.

30. Normal usage of gas and electricity is included in the Rent. The Tenant agrees to be considerate in the use of heating within the Property. At the start of the Tenancy and at regular intervals thereafter, The Ellingham will schedule a level of heating to suit the Tenant’s reasonable requirements. The Ellingham will raise any concerns with the Tenant if the use of heating appears to be excessive and the Tenant agrees to making payment of any excessive charges for gas and electricity.

31. The Tenant agrees to inform The Ellingham if they plan to leave the Property unoccupied for more than 48 hours. The Ellingham will manage the switching off of the boiler on vacancy and will ensure that the boiler is switched on prior to Tenant’s return. 

DAMAGE TO PROPERTY AND REPAIRS

32. The Ellingham will keep in good repair the structure and exterior of the Property, plus will maintain good working order of the fittings and appliances within the Property.

33. The Tenant will keep the interior of the Property and its contents in good clean and useable condition. Permission will not be given to glue, stick or otherwise fix anything whatsoever to the exterior or interior of the Property.

34. The Tenant will promptly notify The Ellingham of any damage to Property or contents and will fully compensate The Ellingham for any expense, loss or damage incurred or suffered by The Ellingham.

35. The Ellingham or any person authorised by The Ellingham may at reasonable times enter the property for the purpose of viewing, inspecting its condition and state of repair or for the purpose of repair, maintenance or repainting.

36. The Tenant will not alter or install any locks on any doors or windows in or about the Property, or have any additional keys made for any locks.

END OF TENANCY

37. Check-out is by 10am on the day of departure (unless otherwise agreed).

38. The Tenant agrees to leave the Property in a reasonably clean and tidy condition; to remove all items not belonging to The Ellingham including all rubbish and recycling; and to leave the Property contents in the same locations in which they were positioned at the commencement of the tenancy.

39. The Tenant agrees to pay for any additional cleaning or repairs to carpets, furniture, fittings, furnishings or appliances that may be required to reinstate the Property to the same order that it was provided at the commencement of the tenancy.

40. The Tenant is required to provide The Ellingham with all keys as supplied at the start of the Term.  If a key is lost, The Ellingham will determine whether the locks are to be changed, or whether it is sufficient to instead procure a replacement key at the price of £30 per key.  Any expense will be charged to the Tenant.

TERMINATION OF TENANCY

41. The Ellingham may terminate the tenancy and require the Tenant to immediately vacate where the Tenant has broken or not performed any one of the obligations under this Agreement.

GOVERNING LAW

42. This Agreement will be construed in accordance with and governed by the laws of the Bailiwick of Guernsey.