GUARANTEE AGREEMENT. This guarantee is made between: (1) [ Full Name & Address ] (the Guarantor )

Transcription

1 GUARANTEE AGREEMENT This guarantee is made between: (1) [ Full Name & Address ] (the Guarantr ) 2) Derwent Facilities Management Limited (cmpany number ) (Trading as Derwent Students) f N.1 Centr Place, Pride Park, Derby, DE24 8RF (the Agent ) (3) GL Eurpe Sheffield 1 S.à r.l.; GL Eurpe Suth Yrkshire UK Limited; c/ Derwent Facilities Management Limited; Sheffield 3, 80 Hyle Street, Sheffield, S3 7LG (the Landlrd ) 1 In this Guarantee Agreement the Tenancy Agreement means an agreement fr a tenancy f student accmmdatin, the key terms f which are set ut belw. Wrds in this agreement which are written with an initial capital letter shall have the same meaning as is given t them in the Tenancy Agreement. Tenant : [ ] Landlrd: GL Eurpe Sheffield 1 S.à r.l. r such ther persn r rganisatin as may becme entitled t receive the Rent during the Tenancy Perid Rm type and lcatin: [Rm number and address] r such ther rm as the Tenant mves t during the Tenancy Perid Tenancy due t start n: [Tenancy Start Date] Tenancy due t end n: [Tenancy End Date] Rent fr the tenancy perid: [ ] (equivalent t [ ] per week inclusive f gas, electricity and water.

2 Other terms: the standard terms and cnditins applicable t the tenancy are n ur bking pages tgether with details f the Terminatin Plicy that applies t the Tenancy Agreement. 2 In return fr the Landlrd agreeing t grant a tenancy t the Tenant the Guarantr guarantees t the Landlrd that s/he will pay the Rent and any Fees due under the Tenancy Agreement within 14 days f receiving the Landlrd s invice accmpanied by a letter frm the Landlrd cnfirming that either: 2.1 the Tenant has nt paid the Rent and/r Fees due under the Tenancy Agreement; r 2.2 the Tenant s rights under the Tenancy Agreement have been lawfully terminated; but Payment f the amunt being demanded wuld have been due if the Tenancy Agreement had nt been terminated; and There is n-ne else wh has paid, r wh (apart frm the Tenant) is liable t pay, the amunt being demanded frm the Guarantr. 3 The Guarantr als guarantees t the Landlrd that s/he will pay within 14 days f invice, accmpanied by evidence f the amunt claimed, a sum equal t the Landlrd s and the Landlrd s Agent s lsses, and the csts and expenses they have reasnably and necessarily incurred, as a result f any breach f the Tenant s bligatins in the Tenancy Agreement (whether r nt the Tenant has signed the Tenancy Agreement r cncluded it electrnically). 4 As a separate bligatin, the Guarantr agrees t indemnify the Landlrd and the Landlrd s Agent against all liabilities, csts, expenses, damages and lsses suffered r incurred as a direct r indirect result f the Tenant s failure t cmply with the Tenancy Agreement thrughut the Tenancy Perid. These include (but are nt limited t) payment fr cleaning, damage, redecratin, unpaid Rent, unpaid Fees, lss f prfit,

3 lss f reputatin, interest, penalties and legal csts (calculated n a full indemnity basis) and all ther reasnable prfessinal csts and expenses. Nte: Indemnity and indemnify are technical legal wrds used t mean a legally binding undertaking by ne persn (the Guarantr) t meet a specific ptential legal liability f anther (the Tenant). An indemnity entitles the persn indemnified (the Landlrd and the Landlrd s Agent) t a payment if the event giving rise t the indemnity (a breach f the Tenancy Agreement by the Tenant) takes place. Calculatin n a full indemnity basis means that the csts etc. claimed by the Landlrd will be presumed t be reasnable unless the Guarantr can prve that they are nt. 5 The Guarantr s bligatins shall end (withut affecting any claim which has already arisen) n the first t ccur f: 5.1 the expiry f the Tenancy Perid; r 5.2 the grant f a new tenancy f the Accmmdatin at a rent nt less than the Rent reserved by the Tenancy Agreement (fllwing lawful terminatin f the Tenant s rights). 6 After lawfully terminating the Tenant s rights, the Landlrd may let the Accmmdatin t smene else, but if the Landlrd is nt able t achieve as high a rent, r as lng a tenancy, as the Tenant agreed t in the Tenancy Agreement, the Guarantr shall remain liable fr the shrtfall. 7 If during the Tenancy Perid the Tenant transfers t ther accmmdatin let by the Landlrd the Guarantr s bligatins shall als transfer t that ther accmmdatin. The Guarantr s liability may be increased if that happens (fr example, the Guarantr will be liable t pay the higher rent if the Tenant transfers t mre expensive accmmdatin). 8 The rights and remedies f the Landlrd against the Guarantr in this Agreement d nt affect the rights and remedies which the Landlrd might have against the Tenant. If the Landlrd recvers any sums frm the Guarantr and subsequently recvers frm the Tenant any sum in respect f the same liability then the sum recvered frm the Tenant shall (up t the amunt paid by the Guarantr) be re-paid t the Guarantr within 28 days.

4 E. Guarantr Frm 9 The Guarantr hereby authrises the Landlrd t use his/her persnal data fr all lawful purpses in cnnectin with this agreement (including debt recvery, crime preventin, r where there is a serius risk f harm t the Tenant r t thers at the Building r t the Landlrd s prperty). 10 The Guarantr s bligatins can nly be brught t an end as stated in clause 5 and nt by any early terminatin f the Tenancy Agreement. 11 The Guarantr agrees that, if s/he has paid the Tenant s Depsit, the Landlrd and the Landlrd s Agent shall be fully discharged frm their liability t repay any Depsit at the end f the tenancy if the Depsit (r any balance f Depsit remaining after making any lawful deductins) is repaid t the Tenant. 12 The Guarantr warrants t the Landlrd that the Guarantr is ver the age f 18 and is either in full-time emplyment r a hme-wner. 13 Nthing in this agreement shall restrict r limit the Landlrd's general bligatin t take reasnable steps t minimise any lss it may suffer as a result f a breach f the Tenancy Agreement. Hwever, the Landlrd shall nt be under any bligatin t suffer any detriment itself in rder t reduce the Guarantr s liability. 14. T make the agreement binding the Guarantr must: (a) Cmplete the details belw, in blck capitals Title: First Name: Initials: Surname/Family Name: Relatinship t Student: Current Address: Pstcde: Perid at Address: Years: Tel: Mnths: Occupatin:

5 (b) Sign yur name here (c) Ask an independent adult t witness yur signature by signing here (they shuld be an unrelated party, such as a family friend) Witness signature:.. (d) Ask yur witness t print clearly their name and address here Witness name:.. Witness address:.. Write the date yu signed here:.. (e) Pst the signed agreement t Derwent Students, tgether with a cpy f yur identity and address cnfirmatin dcuments*, at [Student Scheme address] Nte: If yu sign and return the agreement by pst yu agree t pay all mney which the Tenant is liable t pay under the Tenancy Agreement if the Tenant des nt pay it themselves. Yu will be liable t pay rent arrears and pay fr damage, cleaning and ther charges, even if the Tenant des nt take pssessin, r if the Tenant leaves the Accmmdatin befre the end f the Tenancy Perid. * The fllwing cnfirmatin dcuments must be submitted. D nt send riginals. (i) A cpy f prf f identity (with phtgraph) such as: Passprt Driving License ID Badge (ii) A cpy f prf f address (less than 6 mnths ld) such as: Utility bill statement (i.e. Electricity, Water, Telephne) Bank statement Cuncil tax bill fr current year Please nte: if yur accunts are managed nline r yu have pted fr paperless billing, yu can usually lg int yur accunt and print ut a statement, which will have yur address n.