LANDLORD INFORMATION PACK€¦ · Rental charges payable to the landlord The rent is agreed at the start of the Term, and willbe paid quarterly inadvance on the 1

BOROUGH COUNCIL

DARTFORD PRIVATE LEASING SCHEME

LANDLORD INFORMATION PACK

For further information on this scheme please contact the Accommodation Officer on 01322 343551/343813/343083 or e mail [email protected].

Housing Options,Civic Centre,Home Gardens,Dartford,Kent.DA1 1DR

1

DARTFORD BOROUGH COUNCIL

Contents

1. About the scheme

2. Responsibilities Dartford Borough Council

3. Responsibilities the Landlord

4. Required documents and Evidences

5. Procedure

6. Repair Responsibilities – the Landlord

7. Repair Responsibilities – the Council

8. Repair Responsibilities – the Occupier

9. Immersion Heaters Scalding Risk

10. Expected Property Standard

11. Sample Lease

12. Application Form

13. Bank details

Please note that this is a live document and subject to change

2


0,

Dartford Private Leasing Scheme Context

Traditionally within the Dartford Borough area, it has been difficult to recruit private landlords who will accept families that are in receipt of housing or other benefits. This has resulted in homeless families being placed in temporary accommodation, which is not only costly for the Council but more importantly, leaves homeless families feeling very unsettled and anxious about their future.

The Council understands the areas of concern private landlords have, especially with the recent changes being made to housing benefit rules. This scheme aims to provide a degree of financial security for private landlords, whilst at the same time ending uncertainty for displaced families and individuals.

Dartford Borough Council will lease properties for a period of two, three, four or five years, and will undertake to maintain the fixtures and fittings in the property during the Term. At the end of the Lease period, the property will be returned to the owner in the same condition as it was taken on, with the exception of fair wear and tear and floorings.

Strategic Context

This scheme fits in with Dartford Borough Council’s Homelessness Strategy 20082011 where the objective is to provide a range of accommodation for homeless households and maximise the supply of affordable housing.

Conditions

Dartford Borough Council can only lease properties that fall within the boundary of Dartford Borough. Landlords who live permanently outside of the United Kingdom cannot usually be considered. The Council reserves the right to refuse to take on a property

3

Rental charges payable to the landlord

The rent is agreed at the start of the Term, and will be paid quarterly in advance on the 1 st day of January, April, July and October.

Rents are dictated by property size and negotiated on an individual basis.

Initial outlay charges to the landlord

In order to be included in the scheme, the property must carry valid safety certificates. Therefore, Dartford Borough Council must carry out the following tests and checks to the property, the costs of which are recharged to the landlord (see ‘recharges’). These are as stated below (prices are not inclusive of VAT):

Asbestos survey £200.00 plus VAT (not required if property built after 1999) Gas Safety Certificate £48.04 plus VAT Electric Safety Certificate £120.17 plus VAT Energy Performance Certificate £80.00 plus VAT Total cost – £448.21 plus VAT

Swale Heating

There is also a requirement for landlords to sign up with the Council’s heating contractor, Swale Heating so that any issues with the boiler and heating system can be resolved without having to involve the landlord. The Swale Heating contract will be cover for an annual service for the boiler, 24 hour call out throughout the year, no unexpected repair bills, temporary electric heating if required and a priority service. The contract costs £156 per annum for option 1 or £186 per annum for option 1a (dependant on your type of boiler), this can be paid in full or by monthly direct debit of £13 or £15.50. To find out which option applies to you phone Swale Heating on 0800 731 33 44. Acceptance onto the scheme is a condition of the lease. NB. Swale will not accept a contract on a boiler that is over 10 years old

Recharges

Where the Council has carried out works that are rechargeable, an invoice will be raised and sent to the landlords address. Immediate payment is required and details of where to pay the invoice will be included.

4

0

9

0,

0

0,


Responsibilities The Council

To pay the Rent on the due days

To pay council tax and outgoings whilst the property is empty

To keep the fixtures and fittings in tenantable repair consistent with the Schedule of Condition (fair wear and tear and floorings excepted)

To return the Property in a reasonable state of repair equal to that at the commencement of the Lease (fair wear and tear and floorings excepted)

To carry out at its expense during the Term, periodic electricity safety inspections, with any identified defects in the system or its installation being remedied directly by the Council with costs notified and reclaimed from the Landlord

To carry out at its expense during the Term, yearly gas safety inspections, with any identified defects in the system or its instillation being remedied directly by the Council with costs notified and reclaimed from the Landlord

To notify the Landlord as soon as is reasonably possible of any defect or disrepair in the structure or exterior of the Property or in any installation for which the Landlord is responsible

To allow the Landlord and authorised agents following reasonable notice to enter the Property to inspect and repair it

Not to permit the Property to be used for any purpose other than providing temporary housing accommodation

To use reasonable endeavours to prevent the Property being used in any manner which may cause a nuisance

Not to make any structural alterations to the Property without the Landlord’s written consent

To issue tenancy agreements and carry out possession proceedings as required

5


0

0

Responsibilities The Landlord

To fit new locks to the front and back doors and provide all keys for any access and egress doors to the property, prior to the commencement of the lease.

To keep the structure and exterior of the Property (including roof drains gutters and external pipes) in good repair.

To keep the installations for the supply of water, gas, electricity, sanitation, central heating and heating water in the Property in proper working order.

To pay all existing and future taxes assessments and outgoings imposed or charged upon the Property other than those borne by the Council or Occupier.

To allow the Council to quietly hold and enjoy the Property during the Term.

To insure the Property to the full reinstatement value, and public liability to the value of two million pounds.

The Council shall not be liable to the Landlord for any loss which should be properly covered under the Landlord’s insurance policy.

To allow the Council to carry out the gas, electric, asbestos and energy performance checks. The landlord will be invoiced for the costs of these checks before they are carried out.

To provide proof of ownership and all necessary consents and permissions from any third party (such as mortgage lender) prior to the commencement of the lease.

To join the Swale Heating maintenance contract.

6


Required Documents & Evidence

1. Declaration and contact details (as enclosed)

2. Bank details (as enclosed)

3. Insurance Certificate £2,000,000 public liability insurance certificate

4. Mortgage written permission from the mortgage company to lease the property to the Council and that there are no mortgage arrears.

5. Land Registry deeds

6. Valid gas, electric safety Certificates, energy performance certificate and asbestos report (to be provided by Dartford Borough Council).

7. Signed Lease agreement

8. 3 sets of keys to property (new locks)

7

0,

0

0,

0


Procedure The landlord must complete the application form and return it to the Council – Civic Centre, Home Gardens, Dartford, Kent. DA1 1DR.

The Council will inspect the property to see if suitable for leasing in relation to the DBC Expected Property standard (enclosed).

Where applicable, any additional works identified by the Council based on the DBC Expected Property Standard should be agreed by the landlord and subsequent works carried out.

Landlord provides the required documents and evidence with the exception of the lease, gas, electric, asbestos and energy performance documents that are provided by Dartford Borough Council as set out in this document.

A lease will be drawn up and then sent to the landlord. This should be signed by the landlord and independently witnessed and returned to the Council undated.

Landlord is to provide 3 sets of keys (new locks).

The Council will arrange the gas, electric, asbestos and energy performance certificate checks. The landlord will be invoiced for the costs of these checks, before they can be carried out.

The Council will identify potential occupant(s) for the property.

A copy of the completed and dated lease agreement will be sent to the landlord, and rental payment will be authorised.

.

8

0,

0

9

0,

0

9

0,

0



Landlord Responsibility Repairs

All asbestos related works.

Major element renewals, such as (but not limited to) External Doors, Roof Covering, Roof Structure, Chimney Stack, Windows, Plastering, Rendering, Fascia, Soffit, Rainwater Goods, Floor Joists, Floor Screed, Fencing, Pathway/Patio, Boiler, Central Heating System, baths, basin, toilet pan, toilet cistern, sink units, kitchen cupboards/worktops, fitted kitchen appliances, etc.

Any heating or hot water system breakdowns (outside of the Swale Heating contract)

Major flood or fire damage.

Major structural repairs.

Damp Injection works.

Repairs to chimney stacks (report to be provided).

Full rewires.

Repairs required through fair wear and tear.

9

Council Responsibility Repairs

All water leaks, including leaks from dripping taps, waste pipes, toilet cisterns, overflow pipes, underground bursts.

Broken or cracked glazing (during the Lease).

Any roof leaks or damage to roof tiles or coverings.

Any loose or damaged electrical socket, switches or cooker points.

Any gas leaks.

Any blocked toilets, sinks, baths or basins.

Any minor fire or flood damage.

Any repair that is likely to cause danger to anyone in the property if it does not get completed.

10

0

9

0,

0

9

0,

0

9

0,

0

9

0,


Occupier Responsibility Repairs

Replacement keys (if lost or damaged)

Internal painting and decoration

Replacement of toilet seats, chains and pull cords

Plugs and light fittings

Light bulbs and tubes

Draught exclusion

Personal appliances

Fitting additional TV aerials

Provision/replacement of dustbins (except where communal)

Hedges/lawn cutting

Rubbish clearance

Maintenance of front and rear gardens

11

Immersion Heaters Scalding Risk The Health and Safety Executive have issued a safety warning stating that all immersion heaters need a safety device fitted (see the press release below).

If this is highlighted as a need during the safety checks carried out, you will now be required to have one of these fitted in your property before it can be leased. This will be carried out by our contractors at a cost to yourselves of £45 plus VAT.

19 July 2007

HSE issues safety alert on scalding risk from domestic hot water systems The Health and Safety Executive (HSE) is today issuing a safety alert aimed at homeowners, tenants, landlords and the plumbing industry following two strikingly similar fatal incidents in the last four years where a large volume of near boiling water poured through bedroom ceilings onto occupants sleeping below.

The purpose of the alert is to raise awareness of a rare but potentially serious scalding risk from domestic hot water systems which include a fixed allelectric or partelectric immersion heater in conjunction with a plastic cold water storage cistern or ‘tank’ located in the roof space.

Homeowners and landlords should pay particular consideration to those systems over ten years old, or where they may have concerns over the quality of the installation or repair work carried out. An overheating immersion cylinder will normally show warning signs so serious incidents are likely to be extremely rare. There are also a number of steps that can be taken to reduce the risk:

• Occupants should be aware of warning signs (such as excessive noise from the hot water cylinder) indicating possible thermostat failure and overheating of the water in the cylinder;

• Storage cisterns should be installed on an adequate supporting base. The incidents that prompted this alert occurred primarily because the plastic storage cisterns were not supported across their entire area. In other words, the base of the cistern protruded over the edge of the base support board. (See the alert for further information.)

• A safety cutout feature, independent of the immersion heater thermostat, can be fitted to limit the temperature of the stored water, should the thermostat fail.

The risk is greatest when cisterns are located above bedrooms. This is most likely in houses built between 1945 and 1975. Often these homes have, or used to have, a back boiler. If the cylinder is located in a bedroom it is probable that the cistern may be directly above it. Whenever a galvanised (metal) cistern is replaced by a plastic one, the thermostat to the immersion heater should be examined and preferably replaced by one with a safety cutout.

12

_J

Specific information on British Standards for domestic cisterns and advice on warning signs, such as excessive noise coming from the hot water system, are included in the alert. It can be found on the HSE website at http://www.hse.gov.uk/services/localgovernment/alert.htm [1]

Notes to editors

1. A 30year old woman died on 10 June 2002 after an incident on 30 May 2002 in Penzance, Cornwall. An HSE investigation took place as the incident occurred in housing association managed property. A coroner's inquest was held 1/2 July 2003 Verdict: accidental death. HSE decided not to take any formal enforcement action.

2. A ten monthold baby died on 12 December 2006 after an incident on 19 November 2006 in Taunton, Somerset. The HSE investigation is ongoing as the incident occurred in local authority managed housing stock. As a result of the investigation HSE served an Improvement Notice on Taunton Deane Borough Council. The Notice requires the Council to undertake action in relation to hot water systems at other similar council properties to verify that they comply with the relevant safety standards. The Council has been cooperating with HSE at all stages of its investigation and the Improvement Notice builds on some of the Council's own proposals for improvement.

Press enquiries

Jennifer McGilvray: 020 7717 6903 Out of hours: 020 7928 8382

Public enquiries

HSE's InfoLine: 0845 3450055 Caerphilly Business Park, Caerphilly CF83 3GG

HSE information and news releases can be accessed on the Internet http://www.hse.gov.uk/index.htm [2]

• Press Office • Press releases

o Press releases 2009Press releases 2008Press releases 2007Press releases 2006Press releases 2005Press releases 2004Press releases 2003Press releases 2002 Putting the record

straight

o Putting the record straight 2009Putting the record straight 2008Putting the record straight 2007Putting the record straight 2006Putting the record straight 2005Putting the record straight 2004 Putting the record straight 2003News announcements

Enter keyword Local search Go

Footnotes Link URLs in this page

1. http://www.hse.gov.uk/services/localgovernment/alert.htm http://www.hse.gov.uk/services/localgovernment/alert.htm

2. http://www.hse.gov.uk/index.htm http://www.hse.gov.uk/index.htm

13

APPENDIX DBC Expected Property Standard

Item Element Work Details Acceptable Not acceptable

External 1 General • Are the gardens free from rubbish 2 Pathways/

Steps • Are all paths safe and free from trip hazards • Are the steps leading to the access safe and sound

3 Fences Walls

• Are all fences insitu and free from repair • Is external wall covering and pointing sound and free from repair

4 Garden • Is the vegetation cut to a manageable height • Are all unsafe structures such as dilapidated sheds and greenhouses removed

5 Roof • Is there any evidence that the roof is leaking • Are there any roof tiles or coverings missing • Are the chimney stacks safe and secure • Is there evidence of leaking or loose rainwater goods

6

Internal

7

Doors

Cleanlines s

• Are access doors sound and in a good state of repair • Have all locks been changed and keys supplied

• Has all rubbish been cleared from the property including fridge/freezer, cookers, general household rubbish, carpets, wardrobes, beds, furniture, etc. • Have all rubbish and unwanted items been removed from the loft area • Is there excessive staining to decorations, carpets, floor coverings, etc • Is there any sign of mould or mildew within the property • Is there excessive staining to the kitchen units or worktops • Is there excessive staining to bath, basins, sinks , toilets, shower areas

8 Floors • Are floorboards/coverings sound and free from repair • Is the floor screed sound and free from repair

9 Walls • Are walls free from graffiti • Are the decorations in a fair condition • Is the walls/ceilings plaster sound and free from repair

10 Ceilings • Are there sufficient working smoke alarms

14

APPENDIX Doors • Are all skirting boards/architraves insitu and free from repair

11 • Are all handles insitu • Are all doors in good working order and free from repair

12 Stairs • Are stair treads/risers sound and free from repair • Are the handrails, newell post and spindles insitu, sound and free from repair

13 Windows • Are their any broken/cracked panes of glass • Are all windows in good working order and free from repair

14

Kitchen 15

Electrics

General

• Are all sockets, switches, light fittings in good working order and free from repair • Is there a up to date, suitable electric test certificate for the installation (must be renewed after each change of tenancy • Is there an electrical cooker point insitu • Is there any fire safety equipment such as fire blanket or extinguisher • Are all works surfaces clean and free from repair • Are all units clean and free from repair • Is there adequate connections for a washing machine • Is the floor covering clean and free from repair.

16 Sink • Is the sink clean and free from damage • Are the taps insitu and in good working order • Is the drainage clear and in good working order

Bathroom/WC 17 • Is the bath, basin, toilet pan and cistern clean and free from repair

• Are the taps insitu and in good working order • Does the toilet cistern flush pr operly • Is the toilet seat insitu and free from repair • Is the bath panel insitu and free from repair • Does the bath and basin have a plug • Is the drainage clear and in good working order • Is the shower in good working order and free from repair (inc hose and head) • Clean, remove dirt and scale to cistern and pan • Is bath, shower, basin sealant complete and free from repair

General • Is there a risk of scalding from the hot water tank or heating system? 15

APPENDIX 18 • Is there an up to date Landlord Gas Safety Certificate

• Is there a property asbestos register

16

3. THE COUNCIL’S COVENANTS

The Council covenants with the Landlord:

3.1 To pay the Rent on the days and in the manner provided by this Lease

APPENDIX SAMPLE LEASE

THIS LEASE is made the day of 2010

BETWEEN

(1) Mr of (“the Landlord”) and

(2) THE DARTFORD BOROUGH COUNCIL of Civic Centre, Home Gardens, Dartford, Kent DA1 1DR (“the

Council”)

NOW THIS DEED WITNESSES as follows:

1. DEFINITIONS AND INTERPRETATIONS

In this Lease:

1.1 “The Property” means

January 1st April 1st July and 1st October in every year and for any part of the term which is less than a full

quarter the rent shall be calculated on a daily basis provided that in the event of termination of this Lease the

Landlord shall repay to the Council any rent which shall have been paid by the Council for the period from the

date of termination of the lease up to the end of the period for which the rent had already been paid

3.2 To impose a covenant upon the Occupier to make payment of all Council Tax or other rates taxes

years from the date hereof

1.3 “The Rent” means for the first two years of the term the sum of £……….

thereafter in accordance with the Fourth Schedule

1.4 “The Occupier” means any person or persons authorised by the Council to occupy the Property

1.5 words importing one gender include the other genders; words importing the singular include the plural and

vice versa

2. DEMISE

The Landlord demises the Property to the Council together with the benefit of all rights and easements

reasonably necessary for the proper enjoyment of the Property for the Term yielding and paying to the

Landlord the monthly Rent (or the due proportion thereof) to be payable every three months in advance on 1st

1.2 “The Term” means

per month and

assessments duties charges impositions and outgoings including water gas and electricity which during

the Term are charged assessed or imposed upon or in respect of the Property upon the occupiers of

the Property and the Council shall pay any taxes assessments and outgoings due on the property, other

than those borne by the Occupier under Clause 3 hereof, whilst the property is empty

17

APPENDIX 3.3 At all times during the Term to keep fixtures and fittings in it in tenantable repair consistent with the

Schedule of Condition annexed hereto (“the First Schedule”) (fair wear and tear excepted) and at the

determination of this Lease to return the Property in a reasonable state of repair equal to that at the

commencement of the Term consistent with the Council’s obligation hereunder (fair wear and tear

excepted) Provided that the Council shall not be obliged to renew or replace any floor coverings

including but without prejudice to the generality of the foregoing carpets laminate or wooden flooring for

the duration of the lease or at the termination of this lease under any circumstances

3.4 To undertake at its expense all annual gas safety inspections required during the term and all additional

inspections required due to a change in Occupier. Any defects in the system or its installation identified

3.5

3.6

3.7

(save in case of emergency) to the Council and the Occupier at all reasonable times to enter the

Property with such workmen (and for the avoidance of doubt it is hereby agreed that the Landlord and

his agents shall carry proper identification and upon request produce this to the Occupier) and

appliances as may be necessary to inspect and execute repairs to the Property or any adjoining

premises belonging to the Landlord to promptly make good all damage caused to the Property and any

to use or permit

Act 1985

fixtures fittings furniture or personal belongings contained therein arising from the exercise of these

rights

3.8 Not the Property to be used for any purpose other than temporary housing

accommodation in accordance with the provisions of paragraph 4 and/or 6 of Schedule 1 of the Housing

and the Landlord consents to the Council granting a Non Secure Tenancy or licence of the

Property for such purpose

by any such inspection shall be notified to the Landlord and shall be remedied by the Council and the

Council shall be entitled to forthwith reclaim the cost of such works directly from the Landlord including

by deducting the cost from the Rent due.

To carry out periodic electricity safety inspections and any additional inspections required due to a

change of Occupier at its expense. Any defects in the system or its installation arising out of any such

inspection shall be notified to the Landlord and shall be remedied by the Council. The Council shall be

entitled to reclaim the cost of such works directly from the Landlord including by deducting the cost from

the Rent due

To notify the Landlord as soon as is reasonably possible of the Council becoming aware of any defect

or disrepair in the structure or exterior of the Property or in any installation for which the Landlord is

responsible

To permit the Landlord and his duly authorised agents upon giving reasonable previous notice in writing

18

APPENDIX 3.9 Not to assign or underlet the Property save for the purpose of providing temporary housing

accommodation pursuant to clause 3.8

3.10 To use reasonable endeavours to prevent the Property being used in any manner which may cause a

nuisance to the Landlord or to the owners or occupiers of the neighbouring properties

3.11 Not to make any structural alterations to the Property without the Landlord’s written consent

3.12 The Council shall use reasonable endeavours to ensure the occupier maintains any garden area

forming part of the Property to a reasonable standard for the duration of the Lease

3.13 On the expiry of the term or on the sooner determination of this Lease peacefully to surrender and yield

up the Property with vacant possession in a state and condition in accordance with the tenant’s

obligations set out in this Lease

4. THE LANDLORD’S COVENANTS

The Landlord covenants with the Council:

4.1.1 To keep the Premises in good and proper repair and to comply with the provisions of the Landlord and

fittings and

Tenant Act 1985 Sections 1115 (or any statutory extension or modification of them) notwithstanding

the provisions of Section 14 of the Act that is to say to keep the structure and exterior of the Property

(including roof drains gutters and external pipes) in repair and the installations in the Property in repair

and proper working order including those for the supply of water gas and electricity and for sanitation

(including basins sinks and sanitary conveniences) and for space heating or heating water

but excluding those matters listed in the Third Schedule

4.1.2 to repair renew or replace any fixtures integral appliances (including ovens hobs

refrigerators freezers dishwashers or washing machines) which have become unusable due to defect or

fair wear and tear

PROVIDED THAT:

4.1.3 The Council may (without prior authorisation from the Landlord) carry out the repairs listed in the

with details of the repairs and copies of any invoices estimates or quotations relating thereto

4.1.4 This covenant shall not be construed as requiring the Landlord to carry out works for which the Council

is liable by virtue of its duty to use the Property in a tenantlike manner or for which the tenant would be

so liable apart from any express covenant on its part

4.2 To pay all existing and future taxes assessments and outgoings imposed or charged upon the Property

other than those borne by the Council or Occupier under Clause 3 hereof

Second Schedule for which the Landlord would be responsible (and for the avoidance of doubt the

Landlord hereby authorises the Council to carry out such repairs to the Property) PROVIDED THAT: (a)

the Council shall be entitled to forthwith reclaim the cost of such works directly from the Landlord

including by deducting the cost from the Rent due (b) the Council shall be under no obligation to do

such repairs and any such repairs are undertaken by the Council without prejudice to the Landlord’s

statutory and contractual repairing obligations and (c) the Council shall on request provide the Landlord

19

for the last premium and in the event of the Property being destroyed or made wholly or partially

unhabitable by an insured risk the Council may elect at any time thereafter but before completion of the

reinstatement to terminate the Lease immediately by notice in writing to the Landlord

The Council shall not be liable to the Landlord for any loss which should be properly covered under the

Landlord’s insurance policy

To pay for the initial valid Gas Safety Certificate (even if the Property is not connected to gas) at the

commencement of the Term

To effect and maintain throughout the term of the Lease a gas servicing and maintenance agreement

for the repair and maintenance by a gas engineer registered under the Gas Safety Register of the

installations for space heating and water heating in a safe working order [and including a 24 hour

emergency call out service] with ………………………….. (insert name of company) and to provide to

APPENDIX 4.3 That the Council paying the Rent as aforesaid and performing and observing the covenants on its part

shall quietly hold and enjoy the Property during the Term without interruption by the Landlord or any

person rightfully claiming under or in trust for the Landlord

4.4.1 To insure the Property to the full reinstatement value thereof against destruction or damage by fire

lightning explosion tempest flood aircraft bursting and overflowing of water pipes tanks and other

apparatus and damage by malicious persons or vandals including by the Occupier and public liability to

the value of two million pounds and other risks against which it is normal practice to insure and in the

event of the destruction or damage by any such risks as aforesaid to rebuild or reinstate the Property

and whenever required to produce to the Council the policy or policies of such insurance and the receipt

4.4.2

4.5

4.6

the Council evidence of the same upon request

4.7 To pay for the initial valid Electrical Test Certificate at the commencement of the Term

4.8 To pay for a full Asbestos survey report at the commencement of the Term

4.9 To pay for an Energy Performance Certificate at the commencement of the term

5.1

5. PROVISOS AND DECLARATIONS

If at any time during the Term the Rent or any part of it is unpaid for Thirty days after becoming payable

(whether formally demanded or not) or if any covenant by the Council contained in this Lease is not

performed or observed it shall be lawful for the Landlord at any time thereafter to reenter the Property

or any part of the Property in the name of the whole and upon reentry this demise shall absolutely

determine but without prejudice to the right of action of the Landlord in respect of any breach of any

covenant by the Council contained in this Lease

20

APPENDIX 5.2 If the Property or any part is damaged or destroyed by any risk required to be insured pursuant to

clause 4.4.1 so as to be unfit for habitation and use and provided that the insurance of the Property

shall not have been vitiated or payment of the policy monies refused in whole or in part by reason of a

breach of this Lease by the Council the Rent or a fair proportion of it according to the nature and extent

of the damage shall be suspended until the Property is fit for habitation and use and insofar as the Rent

for the period of suspension has been paid in advance the Landlord shall repay it or a fair proportion of

it to the Council any dispute arising under this provision shall be referred to arbitration under the

Arbitration Act 1996

5.3 In the event that the Occupier continues to reside in the Property so that the Council is unable to give

vacant possession of the Property on the expiry of the Term or any continuation of it the Term shall be

extended (and the terms and conditions of this lease shall continue to apply) until such time as the

Council can give vacant possession of the Property and during such period the Rent shall be paid by

monthly payments in arrears on the last day of the month (and proportionately for any period of less

than a month) and during such period the Council shall use its best endeavours to obtain possession of

the Property from the Occupier

5.4 Any notice under this Lease shall be in writing and shall be served on the Landlord by sending it to him

at his last known address and shall be served on the Council by sending it to the Head of Housing

Dartford Borough Council Civic Centre Home Gardens Dartford Kent DA1 1DR

5.5 The Council may with the Landlord’s prior written consent (such consent not to be unreasonably

withheld or delayed) make such alterations improvements and disabled adaptations during the Term of

the Lease as it may deem necessary for the purpose of providing the Occupier with habitable

accommodation

5.6 The Landlord hereby warrants that he has full power and authority to grant this Lease and all necessary

consents and permissions have been obtained including those required to be obtained from any

mortgagee or chargee of the Property

5.7.1 If the Council wishes to determine this Lease at any time of the term granted by this lease and gives to

the Landlord not less than three months’ notice of that wish then on the expiry of the notice the term is

to cease and determine immediately but without prejudice to any rights or remedies that may have

accrued

5.7.2 If the Landlord wishes to determine this Lease at any time of the term granted by this lease and gives to

the Council not less than three months’ notice ending on either 31 March 30 June 30 September or 31

December of that wish then on the expiry of the notice the term is to cease and determine immediately

but without prejudice to any rights or remedies that may have accrued

21

APPENDIX 5.7.3 If the Landlord fails to materially comply with any of its obligations under this Lease and such failure is

not remedied within 14 days after service by the Council on the Landlord of a written notice of such

failure or if the Landlord becomes bankrupt or enters into an arrangement for the benefit of his creditors

or being a company enters into liquidation whether compulsory or voluntary or has a receiver appointed

or if any mortgagee of the Property applies to the Court for an Order for Possession or takes any steps

to exercise its power of sale the Council may determine this Lease at any time of the term granted by

this Lease by giving to the Landlord not less than one months’ notice of that wish On the expiry of the

notice the term is to cease and determine immediately but without prejudice to any rights or remedies

that may have accrued

6. Unless the Contracts (Rights of Third Parties) Act 1999 is expressly stated to apply, no person other

than the Landlord or the Council may enforce any term of this Lease under that Act

7. It is hereby certified that there is no agreement for lease to which this lease takes effect

IN WITNESS whereof the parties hereto have caused this Lease to be executed as a deed the day and year

first before written

SIGNED AS A DEED by

…………………………..[name of owner]

in the presence of:

Witness’s signature ……………………………

Name ……………………………

Address ……………………………

……………………………

……………………………

……………………………

Occupation ……………………………

THE COMMON SEAL of THE DARTFORD

BOROUGH COUNCIL was hereunto

affixed in the presence of:

Head of Legal Services

22

APPENDIX

THE FIRST SCHEDULE

Schedule of Condition

See attached schedule

23

APPENDIX

THE SECOND SCHEDULE Repairs undertaken by the Council

Repairs required due to:

Serious electrical fault unsafe electrical installation or loss of electricity

Loss of/interference to water supply

Gas leak

Property insecure

No heating or hot water

Overflow running

Blocked toilets or drain to which the toilet is connected

Burst or leaking pipes/tanks/cisterns

Toilet not flushing (where there is no other toilet in the home)

Blocked bath/sink/basin/shower

Hot tap which cannot be turned off

Severe leaks to roof or structure

THE THIRD SCHEDULE

repairs/items which shall be the Occupier’s responsibility

Replacement keys (if lost or damaged)

Internal painting and decoration

Replacement of toilet seats, chains and pull cords

Plugs and light fittings

Light bulbs and tubes

Draught exclusion

Personal appliances

Fitting TV aerials

Provision/replacement of dustbins (except where communal)

Hedges/lawn cutting

Rubbish clearance

Maintenance of front and rear gardens

24

APPENDIX

THE FOURTH SCHEDULE Rent Review

1. Definitions:

For all purposes of this schedule the following terms have the meanings specified

1.1 “the Initial Rent” means the amount specified at clause 1.3 of the Lease as the monthly rent payable at

the commencement of the Lease

1.2 “the Base Figure” means the Index figure for the month preceding the grant of the Lease

1.3 “the Increase” means the amount, if any, by which the Index for the month preceding the relevant

review date exceeds the Base Figure

1.4 “the Index” means the ‘all items’ index figure of the Index of Retail Prices published by the Office for

National Statistics or any successor body or department

1.5 “review date” means the second anniversary and the fourth anniversary of the date of this Lease

1.6 “a review period” means a period beginning on any review date and ending on the day before the next

review date, and qualified uses of the term are to be construed accordingly

2. Ascertaining the rent

2.1 The Rent

Until the first review date the Rent is to be the Initial Rent and thereafter during each successive review period

the Rent is to be a sum equal to the greater of the rent payable under this Lease immediately before the

relevant review date or, if payment of rent has been suspended as provided in this Lease, the rent that would

have been payable had there been no such suspension, or the revised rent that is ascertained in accordance

with this schedule

2.2 The revised rent

The rent for any review period is to be the Initial Rent plus the amount that bears the same proportion to the

Initial Rent as the Increase bears to the Base Figure

2.3 Changes in the Index

If the reference base used to compile the Index changes after the date of this Lease the figure taken to be

shown in the Index after the change is to be the figure that would have been shown in the Index if the reference

base current at the date of this lease had been retained

2.4 Arbitration of problems

If it becomes impossible to calculate the Rent for any review period by reference to the Index because of any

change in the methods used to compile the Index after the date of this Lease or for any other reason

whatsoever, or if any dispute or question whatever arises between the parties as to the amount of the Rent for

any review period or the construction or effect of this Schedule, then the Rent for that review period or the

disputed matter is to be determined by an arbitrator to be appointed either by agreement between the parties or

(in the absence of agreement) by the President for the time being of the Royal Institution of Chartered

Surveyors or any person authorised by him to make appointment on his behalf on the application of either the

25

APPENDIX Council or the Landlord. This is to be deemed to be a submission to arbitration within the meaning of the

Arbitration Act 1996. The arbitrator is to have full power to determine, on such dates as he considers

appropriate, what the increase in the Index would have been had it continued on the basis assumed for the

operation of this rent review and in view of the information assumed to be available for it. If that determination

is also impossible the arbitrator must determine a reasonable rent for the Premises on such dates as he

considers appropriate having regard to the purposes and intent of the provisions in this Lease for the review of

the Rent

26


_______

_______

______________________________________

________________________________________________________ _______

APPENDIX

Leasing Application Form

Owner

Business/contact address

Contact telephone number(s)

Lease property address

How many bedrooms in property Ready to let date

Declaration

I agree that Dartford Borough Council will carry out the gas, electric, asbestos and energy performance checks and that I will be invoiced for these.

I agree that I will provide a repair service for all properties that I make available to Dartford Borough Council under this scheme, in accordance with the conditions of the Lease.

I confirm there are no mortgage arrears in respect of the above property.

Signed________________________________________________________

Printed________________________________________________________

Company name (if appropriate)

Date

27

APPENDIX

Return to: Housing Options, Civic Centre, Home Gardens, Dartford, Kent.DA1 1DR.

28


APPENDIX

Bank Details For completion by the Landlord (in block capitals)

NOTE: All rent payments are made in advance, quarterly on the 1 st day of January, April, July and October by BACS transfer.

The recipient bank account details must be completed in this section.

Landlord Name: ………………………….………………………………………..……………………

Contact Address: …………………………….……………………………………………..………….…

…………………………………………………………………………………..……. Telephone Number: ……………………………………………………….……………..…………….…… Bank Name: …………..………………………………………………………………………….…..

Branch Address: ……..…………………………………………………………………..….…….…… Account Name(s): ……………………………………………………………………………..…………… Account Number: …………………………………………………………………………..……………… SortCode: ………………………………………………………………………….………………

DECLARATION:

I confirm that the bank account details shown above are correct. I accept that Rent payments are made in accordance with the Lease and that I fully understand the terms and conditions of this agreement.

Landlords Signature …………………………………………………………………………………………

Date: …………………………………………………………………………………………

29