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TENANCY
AGREEMENT
GENERAL
CONDITIONS OF TENANCY - Part 3 |
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PART
3 – MUTUAL TERMS:
GHA and the Tenant mutually agree as follows:
Termination
of Tenancy:
1. i) The tenant may bring the tenancy to an end by serving written
notice of termination upon GHA, and GHA may, subject to the tenants
statutory rights, bring the tenancy to an end by serving written
notice upon the tenant.
ii) Any such notice of termination shall take effect upon the Monday
at the end of or immediately after the expiration of a period of
four weeks beginning immediately after the date of service of such
notice.
Remedies
for Tenants Breach:
2. If the tenant fails to observe or perform the Tenants Obligations
under this Agreement or otherwise, GHA may serve written notice
on the tenant, specifying the respects in which there has been such
failure and requiring the tenant to remedy that failure within 14
days. If the tenant does not comply with such notice, GHA, its employees
and persons authorised by the General Manager shall be entitled
to enter the dwelling and execute any works necessary to remedy
the failure and GHA shall be entitled to recover from the tenant,
as a debt payable on demand, its costs in carrying out and arranging
for the carrying out of such works.
Improvements:
4. GHA has the right to carry out any works in or in respect of
or in connection with the dwelling (whether works of repair alteration
improvement internal or external decoration , or otherwise) and
GHA shall not be responsible for the cost of any redecoration work
necessitated by such works of repair, alteration, improvement or
otherwise and further shall not be responsible for any claim by
the tenant for any inconvenience or disruption for any physical
damage to the dwelling or items therein arising from or consequential
upon the carrying out of such works other than any such claim arising
out of the negligence of GHA or its employees.
Term
of Tenancy:
4. The Tenancy is a weekly tenancy.
Variation
of Rent:
5. GHA may vary the rent and any other charges payable in respect
of the dwelling, by giving written notice to the tenant of such
variation, at least 4 weeks prior to the coming into effect of such
variation.
Rates
Increases:
6. Without placing itself under any legal obligation to do so, GHA
will give the tenant as much notice as is practicable in relation
to any increase of the rates payable in relation to the dwelling.
Other
Tenancies:
7. GHA will not be liable to the tenant in respect of any failure
on the part of any other tenant of GHA under any other GHA tenancy
to perform or observe the tenant’s obligations under that
other tenancy nor shall GHA be liable to the tenant for any failure
or neglect on its part to enforce its rights under any such other
tenancy.
Enforcement:
8. Failure or neglect by GHA to enforce at any time any of the provisions
of this Agreement shall not be construed or be deemed to be a waiver
of GHA’s rights hereunder nor in any way affect the validity
of the whole or any part of this Agreement nor prejudice GHA’s
rights to take subsequent action arising out of the breach of any
provisions of the Agreement.
Serverability:
9.
In the event that any of these provisions shall be held to be invalid
unlawful or unenforceable to any extent, such provision shall be
served from the remaining provisions which shall continue to be
valid to the fullest extent permitted by law.
Headings:
10. The headings of the provisions in this Agreement are inserted
for convenience or reference only and are not intended to be part
of or affect the meaning or interpretation of any of those provisions.
Variation:
11. The provisions of this Agreement represent the entirety of the
Agreement between GHA and the tenant and may only be varied or altered
in accordance with Article 37 of the Housing (NI) Order 1983 or
such statutory provision as may alter or replace it or by the mutual
agreement in writing of GHA and the tenant.
Roads
and Footpaths:
12. i) this Clause applies to any unadopted public right of way
in the ownership of GHA adjoining or neighbouring the dwelling and
to which the Public has access.
ii) GHA do not accept liability to the tenant either in his/her
capacity as a tenant or as a member of the Public in respect of
the state of repair or maintenance of any such Public right of way.
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