TERMS AND CONDITIONS OF LICENSE AGREEMENT
The following terms and conditions will apply to license agreements entered into between Manorisms LLP (trading as Kepplestone Manor) and their licensees regarding the occupation of apartments at Kepplestone Manor, Queen’s Highlands, Queens Road, Aberdeen and are to be read in conjunction with the license agreement. Definitions of terms used in this agreement are contained in Clause [ ].
1. Termination
No later than 10am on the Termination Date, the Licensee will (1) vacate the Property (2) return the keys to the Property to the Owner or its agents and (3) leave the Property in accordance with the Licensee’s obligations in terms of the License Agreement.
2. Deposit
The Owner will either retain the Deposit or deduct the Deposit from the credit card (whichever is applicable) and will be entitled to apply the Deposit against sums due by the Licensee for arrears of License Fee, the cost of telephone calls, any damage to the Property or the Furniture, any additional cleaning charges, or any breach of the terms of the License Agreement. In the event that the total sum due by the Licensee exceeds the amount of the Deposit, then the excess will be paid by the Licensee within seven days of receiving intimation of the excess. Subject to the foregoing, the Deposit will be repaid to the Tenant or credited to the Credit Card within 7 days after the Termination Date.
3. VAT
The License Fee is subject to VAT at the appropriate rate. The rate is currently 20% for the first 28 days of the term on the License Fee. After 28 days VAT is only applied to the serviced element (20%) of the License Fee (i.e. after 28 days VAT is effectively charged at 4% of the whole License Fee).
4. Cancellation
In the event that the Licensee cancels or terminates the License Agreement more than 14 days prior to the Date of Entry, the Licensee will be liable to pay 25% of the License Fee for the Term. In the event that the Licensee cancels or terminates the License Agreement less than 14 days prior to the Date of Entry, the Licensee will be liable to pay 100% of the License Fee for the Term.
5. Inventory
The Inventory will be provided to the Licensee on the Date of Entry and will be checked at the Date of Entry by the Licensee. In the event of there being any inaccuracies in the Inventory then the Licensee shall notify these to the Owner or its agents on the Date of Entry, which failing the Licensee shall be deemed to have accepted the contents of the Inventory.
6. Furniture
The Furniture will not be removed from the Property and will be left at the Termination Date in the rooms and places as described in the Inventory or as found at the commencement of the License. The Licensee is prohibited from taking any other furniture into the Property without the Landlord's prior written consent.
7. Consumer Services
The Owner will be responsible for the costs of the Consumer Services during the Term. The Consumer Services will remain in the name of the Owner.
8. Telephone Services
The Licensee will be responsible for the cost of all telephone calls made during the Period, which will be charged to the Credit Card where applicable. The Owner will be responsible for the cost of line rental. The telephone number for the telephone in the Property shall remain with the Property and the Licensee shall have no proprietary rights in the telephone number.
9. Council Tax
The Owner shall be responsible for payment of the Council Tax levied on the Property.
10. Insurance
The Owner shall insure the Property and the Furniture but shall have no liability for the property of the Licensee. The Licensee shall be responsible for insuring the Licensee’s personal belongings.
11. Restrictions on Use
The Property will be used by the Licensee as a residence for (in the case of an individual) the Licensee and the Licensee’s family or (in the case of a company or business) the Licensee’s employees or contractors. The maximum number of occupants in the Property shall not exceed the Maximum Number. Assigning or sub-letting the Property or any part thereof is prohibited. Paying guests and boarders are prohibited. Parties or gatherings of over six people in the Property are prohibited. No dogs or other animals are to be kept in the Property except with the Owner’s prior written consent. Smoking within the Property or in the remainder of the building is prohibited.
12. Conduct of Licensee
If the Licensee or any person or persons for whom the Licensee may be responsible commits any form of harassment (whether verbal or physical) or conducts themselves in such a manner as to cause nuisance or distress to the Neighbours or as may be detrimental to the amenity of the Property or of Neighbouring Properties (as to which the Owner's decision shall be final) then such conduct will be held to be a material breach of the License and the Licensee shall forfeit all rights under the License Agreement and the Owner will be entitled to (One) require the Licensee and any person or persons for whom he may be responsible to vacate the Property immediately and (Two) terminate the License Agreement.
13. Repair and Condition
The Licensee accepts the Property and the Furniture at the Date of Entry as fit for purpose and in a good state of repair and decoration. The Licensee will be liable for damage to the Property and for the replacement or repair of any article of Furniture broken or damaged during the Period, ordinary wear and tear excepted. The Licensee will be liable for all repairs to the Property during the Term occasioned by the misuse, neglect or negligence of the Licensee or anyone in the Property with the authority (whether express or implied) of the Licensee. The Licensee shall be liable for any expense which the Owner may incur in connection with any blockage or obstruction of drains which is due to the Licensee's misuse of the drains. The Licensee will replace any broken windows, glass or mirrors in the Property and will reimburse the Owner for any excessive deterioration in the decoration of the Property. The Licensee will not drive any nails into the walls or interfere in any way with the decoration or fixtures of the Property. The Licensee will keep the Property in a clean and tidy condition and will leave the Property in such condition at the Termination Date, and will be responsible for any additional cleaning charges incurred by the Owners. The Owner will maintain the Property in a wind and watertight condition and will be responsible for paying any factoring or management fee levied in respect of the Property. The Licensee will give notice to the Owner of any repairs required to the Property within 24 hours of becoming aware of such repairs. On receipt of such notice the Owner will investigate and, if necessary, carry out any repairs which are the Owner’s responsibility in terms of the License as soon as practicable thereafter. Any sums payable by the Licensee in terms of this clause will be recoverable in terms of Clause 2.
14. Inspection of Property
The Owner will be entitled at any time on giving reasonable notice of not less than 24 hours (except in the case of emergency) to the Licensee to have the Property inspected in order to confirm that the conditions of the License are being observed and that the Property and the Furniture are being properly kept and maintained.
15. Default by Licensee
The Licensee shall reimburse to the Owner all costs incurred by the Owner in enforcing any of the Owner’s rights under the License Agreement (including recovery of arrears of License Fee) in the event of default by the Licensee. If the Licensee fails to pay the License Fee then the Licensee shall pay interest on the License Fee at a rate 4% above the base lending rate of the Royal Bank of Scotland plc to the Owner from the date when it was due until paid. If at any time any installment of the License Fee is unpaid for more than seven days this will be held to be a material breach of the License and the Licensee shall forfeit all rights under the License Agreement and the Owner will be entitled to (One) require the Licensee and any person or persons for whom he may be responsible to vacate the Property immediately and (Two) terminate the License Agreement.
16. Failure to vacate timeously
Without prejudice to any other remedies available to the Owner, in the event that the Licensee does not vacate the Property and return the keys by 10am on the Termination Date then the Owner shall be entitled to charge a License Fee for an additional day.
17. Liability of Joint Licensees
Where the Licensee comprises two or more persons then the term "Licensee" includes the plural number and the obligations and conditions expressed to be made by the Licensee shall be held to bind such persons jointly and severally.
18. Tenure
The Owner and the Licensee agree and acknowledge that the License does not constitute a lease, and that the Licensee shall not be entitled to any security of tenure beyond the Term.
19. Definitions
In these terms and conditions the following words shall have the following meanings;
"Consumer Services" means all consumer services relating to the Property including electricity, gas, television and internet services but excluding telephone services
"Credit Card" means the credit card (if any) provided by the Licensee at the time the License Agreement was entered into or such other credit card as may be acceptable to the Owner.
"Furniture" means the furniture and furnishings in the Property
"Interest" means 4% per annum above the base rate of the Royal Bank of Scotland plc or its successors
"Inventory" means an inventory of the Furniture prepared by the Owner
"License Agreement" means the license agreement (and any extension thereof) entered into between the Owner and the Licensee incorporating these terms and conditions
"Licensee" means the Licensee specified in the License Agreement
"License Fee" means the License Fee specified in the License Agreement
"Maximum Number" means the maximum number of occupants specified in the License Agreement
"Neighbouring Properties" means properties in the vicinity of the Property
"Neighbours" means the proprietors or occupiers of Neighbouring Properties
"Owner" means Manorisms LLP, a limited liability partnership registered in Scotland number SO301247 and having its registered office at 22 Carden Place, Aberdeen
"Property" means the Property specified in the License Agreement
"Term" means the period from the Date of Entry until the Termination Date
"Termination Date" means the Termination Date specified in the License Agreement
