EAST STAFFORDSHIRE BOROUGH COUNCIL
THE BOND SCHEME – BOND AGREEMENT
the Council
East Staffordshire Borough Council, Housing Strategy,
PO BOX 8045, Burton upon Trent, DE14 9JG
Email: [email protected]
Telephone: 01283 508149
the Landlord
Name .........................................................................
Address......................................................................
....................................................................................
Telephone..................................................................
Email..........................................................................
the Tenant
Name .........................................................................
the Property
Address .....................................................................
the Tenancy
The tenancy of the Property established by the Tenancy
Agreement
the Tenancy Agreement
The tenancy agreement between the Landlord and the
Tenant in respect of the Property
the Inventory
The inventory attached to this Guarantee
Period
Up to (date) ....................................................or, if
earlier, the date the Tenancy comes to an end
Maximum sum
Amount.......................................................................
Agreed losses
(a)
loss or damage to the Property or to/of any
items set out in the attached Inventory caused by the
Tenant or his/her family or his/her visitors and which is
not caused by fair wear and tear
(b)
loss of income due to the Tenant not paying
the rent
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1.
This is an agreement between East Staffordshire Borough Council and the
Landlord with regard to the Tenancy.
2.
COUNCIL UNDERTAKINGS
a)
The Council indemnifies the Landlord against Agreed losses up to the Maximum
sum in respect of losses which occur during the Period subject to the conditions
set out below.
b)
The Council will assess a claim from the Landlord under this Guarantee within five
(5) working days and will pay the agreed sum to the Landlord within the following
five (5) working days.
c)
The Council will carry out any necessary visit to inspect damage within one
working day of being invited to do so by the Landlord.
3.
LANDLORD UNDERTAKINGS
By signing this agreement I, the Landlord, hereby declare that:(a)
I have not been declared bankrupt, I have full permission and consent to let the
property, including any necessary planning permission, and I do not know of any
reason why the Property is not suitable for letting.
(b)
I will provide the Council with a copy of the Tenancy Agreement once signed and
with a copy of the Gas Safety Certificate current at the start of the tenancy.
(c)
I will notify the Council of damage for which I may wish to claim when it is
discovered, and will allow the Council one (1) working day in which to inspect the
damage before remedying it (unless the damage requires emergency remedy).
(d)
I will notify the Council within five (5) working days:
(i)
of rent being overdue;
(ii)
of any change in circumstances;
(iii)
if the Tenant leaves the Property;
(iv)
if notice is served to end the Tenancy;
(e)
I will seek to prevent or reduce loss and damage, and will try to recover rent
arrears or the cost of loss or damage from the Tenant before making a claim
against the Guarantee.
(f)
I will make any claims under the Bond Guarantee in writing within eight (8) weeks
of the end of the Period.
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(g)
I will support any claim with reasonable evidence such as photographs imprinted
with the date and time of taking and by invoices evidencing the cost of remedying
the damage by VAT registered contractors.
(h)
I will try to resolve all Housing Benefit related issues direct with the Housing
Benefit Department. I will provide the Tenant with all necessary information to
accompany any application the Tenant may make for Housing Benefit or
Discretionary Housing Payments or other relevant allowance;
(i)
I agree that the Council’s employees or agents can gain access to the Property at
any reasonable time during or after the Tenancy to allow the Inventory to be
checked for accuracy or to investigate a claim against the Guarantee;
(j)
I will, if the Council pays any monies as a result of false or deliberately
misleading information given by me or anyone acting on my behalf with or without
my knowledge, repay to the Council on demand the full amount of any monies so
paid;
By signing this agreement I, the Landlord, acknowledge and understand that:(k)
The Council will have no management responsibility;
(l)
The Council does not make any guarantee about the conduct of the Tenants
during the course of the Tenancy.
(m)
The Council does not accept any liability for any loss, injury, or damage caused
by or occurring in connection with the Tenancy except as laid out above and
below.
(n)
The Council will expect me to show that I have tried to recover the cost of loss or
damage before it will make a payment to me under the Guarantee.
4.
CONDITIONS
The Council’s liability under this Guarantee is subject at all times to the following
conditions:a) All claims will be subject to the Council agreeing the loss or damage (such
agreement not to be unreasonably withheld) in accordance with the provisions of
this Guarantee.
b) The burden of proof of demonstrating that rent has not been paid by the tenant or
that Agreed losses have occurred rests solely with the Landlord. Rent does not
include payment for electricity, gas, water or telephone bills, council tax, nor legal
or other fees or expenses incurred in attempting to recover all or any arrears of
rent.
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c) The Council’s liability under this Guarantee shall terminate automatically, and
without notice to the Landlord, if any of the following circumstances occur:i.
If and when the maximum sum is paid to the Landlord as a full deposit.
ii.
Eight (8) weeks after the end of the tenancy, save in respect of any claims
notified to the Council before that date.
iii.
If the Council has reason to take enforcement action against the Landlord by
using the powers under the Housing Acts 1985, 1988 or 2004, Protection
from Eviction Act 1977, Environmental Protection Act 1990, or any other Act
which the Local Authority has a duty to enforce.
iv.
If the Landlord fails to fulfil any of the Landlord Undertakings set out in this
agreement.
v.
If the Landlord or his agent is found to have given false or deliberately
misleading information.
5.
LAW
a)
Any notice to be served on the Council shall be served at the address stated on
this Guarantee.
b)
The Parties to this Guarantee do not intend that any term of this Guarantee shall
confer any benefit to a third party or be enforceable by a third party either under
the Contracts (Rights of Third Parties) Act 1999 or otherwise.
c)
This Guarantee shall be governed by and interpreted in accordance with English
Law.
SIGNED BY THE LANDLORD(S):
.........................................................................
DATE ....................................
.........................................................................
DATE ....................................
SIGNED ON BEHALF OF THE COUNCIL:
.........................................................................
Office action:
DATE ....................................
attach the inventory then scan the signed document and
give a copy to the landlord
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