Terms and Conditions for Property Owners and Guardians

PARTIES:

(1) “Umbrella” UMBRELLA (SE) LIMITED

Company No: 08946273

Office Address: Unit 52, 2 London Bridge Walk, London SE1 2SX

(2) “Guardian”  The person specified in the Particulars

DEFINITIONS AND INTERPRETATIONS

1.1 DEFINITIONS

In this agreement, the expressions defined in the Particulars have the meanings
given to them there, and:

  • “Umbrella” means Umbrella (SE) Limited, Company No 08946273
  • “Guardians” means the Guardian and such other persons as Umbrella may

from time to time authorise to share the Living Space with the Guardian.

  • “Licence Period” means the fixed term set out on the first page of this agreement.
  • “The Living Space” means such parts or parts of the Property as Umbrella may from time to time designate as being available for the share residential use of the Guardian and other persons
  • “Owner” means the owner of the property from time to time
  • “Serious Breach” has the meaning given to it in clause 6 below.

 

1.2 INTERPRETATION

1.2.1.  The clause headings do not affect the meaning of this agreement.

1.2.2.  Words of one gender include all other genders.

1.2.3.  Any references to a person includes a reference to a company, authority, board, department or other body.

1.2.4  The singular includes the plural and the plural includes the singular.

1.2.5  Any obligation not to do something includes an obligation:

1.2.5.1  not to permit or encourage anyone else to do it and

1.2.5.2  to make all reasonable efforts to ensure that other persons do not do it

1.2.6  Any consent, approval, authorisation or notice under this agreement will only take effect if given in writing.

 

2. BACKGROUND

2.1  Umbrella provides services to property owners to secure premises against trespassers and protect such premises from damage and has agreed to provide such services to the Owner in respect of the Property.

2.2  To assist Umbrella in providing those services, the Owner has agreed that Umbrella may enter into licence agreements with persons who will share accommodation at the Property.

2.3  In entering into this agreement Umbrella does not act as agent for the Owner.

 

3. THIS IS NOT A TENANCY

3.1  This agreement does not give the Guardian a right to exclusive possession of the Property or any part of the Property.

3.2  The Guardian accepts that this agreement does not create a tenancy of any kind.

3.3  Any guardian will not be permitted to stay in any one property for a time period of more than 18 months at a time.

 

4. PERMISSION TO SHARE THE LIVING SPACE

4.1  Umbrella gives the Guardian permission to share the occupation of the Living Space with such other persons as Umbrella may from time to time choose.

4.2  This permission is personal to the Guardian and may not assigned.

4.3  This agreement does not give the Guardian a right to use any specific room within the Living Space. It is for the Guardians for the time being to decide where each Guardian is to sleep (subject to the terms of this agreement). However, Umbrella must be kept informed of which room each of the Guardians is sleeping in within the Living Space so that it can exercise proper control.

4.6  Within 24 hours of signing this agreement, the Guardian must inform Umbrella which room the Guardian will be sleeping in. If there is any subsequent change in the room which the Guardian is sleeping in at any time, the Guardian must inform Umbrella immediately.

4.7 Guardians are liable for any damage they cause.

 

5. TERMINATION

5.1  The right of the Guardian to occupy the Living Space ends when Licence Period expires. It may also come to an end before then in the circumstances described in this clause

5.2  The right of the Guardian to occupy the Living Space will also come to an end if Umbrella’s permission to use the Property is terminated. If such notice is given Umbrella will inform the Guardian as soon as possible.

5.3  This agreement may be terminated at any time by the Guardian giving Umbrella not less than four weeks’ written notice that the Guardian wishes to end this agreement.

5.4  If Umbrella believes that there has been a Serious Breach, then this agreement may be terminated immediately at any time by Umbrella giving the Guardian written notice stating that this agreement is terminated immediately.

5.5  Umbrella may terminate this agreement immediately under clause 8.4 below, if it is not satisfied with the information provided under clause 8.

 

6. SERIOUS BREACH OF TERMS

6.1  A Serious Breach occurs if

6.1.1  The Guardian is convicted of a criminal offence, other than a motoring offence dealt with by a magistrates court.

6.1.2  Any information provided under clause 8 below is inaccurate.

6.2  It is also a Serious Breach if the Guardian breaches any of the obligations set out in clauses 8 to 14 of this agreement

 

7. PAYMENTS

7.1  Until Termination of this agreement, the Guardian will pay Umbrella the Licence Fee in advance on the first day of each calendar month for that month.

7.2  In the event of late payment of the Licence Fee, or any other payments due under this agreement, the Guardian will pay Umbrella interest at 2% above the Bank of England’s base rate from time to time. Interest will run from the date that payment should have been made to the date of payment.

7.3  The Guardian will pay the Licence Fee to Umbrella either by standing order or if Umbrella so requires, by direct debit.

7.4  The Guardian will also pay Umbrella

7.4.1  the Damage Security Payment

7.4.2  an administration fee of £150

7.5  Following Termination of this agreement, Umbrella will repay the Damage Security Payment and any part of the Licence Fee that relates to a period following Termination on the following terms:

7.5.1  Repayment is conditional on the Guardian returning to Umbrella all Keys and all Umbrella property for which the Guardian is responsible

7.5.2  Umbrella will organise an inspection of the Property within two months of the vacation of the Property and the return of all keys by the Guardian.

7.5.3  Within one month of that inspection, Umbrella will make the repayment subject     to the deduction of any sums due to it under this agreement.

7.6  If council tax is lawfully due in respect of the Property, then the Guardian will pay a fair proportion of it.

7.7  If the electricity supplied to your living space costs more than £200 per month, then the guardian will pay a fair proportion of excess over that amount.

 

8. PROVISION OF INFORMATION

The parties agree that:

8.1  The Guardian will, prior to signing this agreement, give Umbrella the following:

8.1.1.  a written summary of the Guardian’s employment history and education.

8.1.2.  a satisfactory employment reference or personal references and in the case of the latter, the referee’s acquaintance with the Guardian must be for at least two years.

8.1.3.  A passport, driver’s licence, or another satisfactory photographic proof of identity;

8.1.4.  proof of current address

8.1.5.  details of any bankruptcy order against the Guardian, insolvency proceedings involving the Guardian, and any individual voluntary arrangement proposed by the Guardian.

8.1.6.  details of any criminal charges, convictions and cautions but excluding motoring offences dealt with in a magistrates court.

8.2  Breach of clause 8.1 is a Serious Breach.

8.3  Further, breach of clause 8.1 entitles Umbrella to deduct £50 from the Damage Security Payment in compensation for its wasted administrative expenses in entering into this agreement.

8.4  If Umbrella considers, having regard to the information provided under clause 8.1, that the Guardian would not be a suitable person to occupy the Property, Umbrella may terminate this agreement immediately.

 

9. KEYS

9.1  The Guardian hereby acknowledges receipt of a set of keys to the Living Space, and a key to one of the rooms in the Living Space.

9.2  The Guardian will keep the keys safe at all times, and will not part with them except to give them to another Guardian or to Umbrella.

9.3  If the Guardian gives any key to any other Guardian, or receives any key from any other Guardian, the Guardian must notify Umbrella in writing immediately.

9.4  If the Guardian loses a key, he must tell Umbrella immediately, and must pay Umbrella £25, upon receipt of which Umbrella will replace it.

 

10. ACCESS AND CLEANING

10.1  Umbrella will carry out regular inspections of the Property and the Guardian will not prevent officers of Umbrella or anyone acting with its authority from obtaining access to the Property.

10.2  The Guardian will not prevent the Owner or anyone acting with the Owner’s authority from obtaining access to the Property.

  • The communal areas of the Property and vacated or empty rooms may be cleaned by Umbrella’s contractors and the Guardian will not prevent the cleaners from obtaining access.

 

11. THE USE OF THE PROPERTY – OBLIGATIONS THE BREACH OF WHICH ARE TERMED AND REGARDED AS ‘SERIOUS BREACHES’

11.1  Any breach of any part of this clause is a Serious Breach which entitles Umbrella to terminate this agreement immediately.

11.2  The Guardian will not smoke in the Property.

11.3  The Guardian will not bring a candle on to the Property, or use a candle in the Property.

11.4   The Guardian will not bring on to the Property, or use in the Property, any electric or gas heater or cooking device other than:

12.4.1.  A portable electric hob with a maximum current demand of 13 amps.

12.4.2.  A microwave oven.

11.4.3.  A portable electric oven, with a maximum current demand of 13 amps.

11.4.4.  An electric oil filled radiator.

11.5  The Guardian will not hold meetings, parties or similar gatherings in the Property.

11.6  The Guardian will not permit any guests to stay overnight in the Property without first obtaining permission from Umbrella with at least 24 hours clear working notice

11.7  The Guardian will not allow more than two guests at any one time to visit the Property.

11.8  The Guardian will not bring any animals into the Property without Umbrella’s prior written consent.

11.9  The Guardian will not allow any persons less than 18 years old into the Property.

11.10  The Guardian will not bring into the Property any offensive weapon.

11.11  The Guardian will not bring into the Property any illegal drugs or non-prescribed steroids.

11.12  The Guardian will not:

11.12.1  Allow any third party to have or use any key to the Property.

11.12.2  Copy any such key.

11.12.3  Change, remove or damage any existing lock in or to the Property or add any new lock.

11.13  The Guardian will not assault or insult any person in the Property, but will behave in a civil manner, and will not engage in conduct likely to bring discredit to Umbrella or the Owner.

11.14  The Guardian will not use any equipment in the Property which does not belong to the Guardian without prior written permission from Umbrella.

11.15  The Guardian will not bring to the Property any electrical equipment which has a maximum current demand of more than 13 amps and that all electrical equipment is safe.

11.16  The Guardian will not do anything at the Property which could damage the Property, or anything either in the Property or in the vicinity of the Property.

11.17  The Guardian will not make any alterations to the Property of any kind without Umbrella’s prior written consent. This means that the Guardian must not (without such consent) decorate the Property, or put nails or pins into walls, or make changes to the electrical, gas, water or other services.

11.18  The Guardian will not remove or deface any Umbrella sign, document or sticker.

11.19  The Guardian will not display any sign, poster, document or sticker without Umbrella’s prior written consent.

11.20  The Guardian will not attempt to contact the Owner.

11.21  The Guardian will not speak to the media about the Owner, Umbrella or the Property.

11.22  If the Guardian is the last person to leave the Property, he will ensure that all doors and windows are closed, and all doors to which the Guardian has keys are locked.

11.23  The Guardian will not cover any smoke detectors in the Property, or remove any battery from a smoke detector.

11.24  The Guardian will not cook anywhere in the Living Space except in that part which Umbrella has designated for that purpose.

11.25  The Guardian will not use any part of the Property other than the Living Space.

11.26  The Guardian will not do anything at the Property which is illegal or immoral.

11.27  The Guardian will not do anything at the Property which is, or may become a nuisance or annoyance to any other occupier of the Property or any premises in the vicinity of the Property.

11.28  The Guardian must not do anything as a result of which the insurance premium payable in respect of the Property may be increased or the insurance invalidated.

11.29  If the Guardian becomes aware that anyone else is doing something prohibited by this clause, the Guardian will inform Umbrella immediately.

 

12. USES OF THE PROPERTY – OTHER OBLIGATIONS

12.1  The Guardian will use the Living Space as a place to live in, and not without Umbrella’s prior written consent, sleep away from the Living Space for more than 2 nights out of 7.

12.2  The Guardian will not use the Property for any trade or business.

12.3  The Guardian will do his best to ensure that either he, or at least one other person, are present in the Property every day.

12.4  The Guardian will do his best to share the Property amicably and peaceably in common with such other persons as Umbrella shall from time to time permit to make use of the Property. The Guardian will not interfere with such shared occupation in any way whatsoever.

12.5  The Guardian will keep the interior of the Living Space clean and tidy.

12.6  If the Guardian becomes aware of any damage or risk of damage to the Property, or anything in the Property, he will tell Umbrella immediately.

12.7  If the Guardian becomes aware of any person attempting to gain access to the Property without the permission of Umbrella or the Owner, he will notify Umbrella immediately.

12.8  The Guardian will not remove anything from the Property which he does not own.

12.9  The Guardian will ensure that all rubbish at the Property is properly disposed of.

12.10  If any bills relating to the Property are delivered to the Property, the Guardian will forward them to Umbrella within 7 days. If any bill is not forwarded to Umbrella within that time, the Guardian will pay a fair share of any late payment charges.

12.11  The Guardian will comply with all reasonable directions given by Umbrella from time to time as to the use of the Property by the Guardian. Including making payment on time for their Guardian Licence

12.12  The Guardian accepts that any Serious Breaches or behavioural problems or similar, or late payment of Licence, that incur Umbrella unnecessary administration or costs will result in a warning accompanied by a deduction from any future deposit refund of not less than £35

 

13. GENERAL PROVISIONS

13.1  The Guardian will not make any representations regarding any planning applications relating to the Property.

13.2  The Guardian gives Umbrella the right to use the Guardian’s name and personal photograph for promotional purposes only, to the extent permitted by the law.

13.3  If the Guardian’s e-mail address or mobile telephone number changes the Guardian will inform Umbrella with 24 hours prior notice of the change

 

14. VACATION OF THE PROPERTY UPON TERMINATION

14.1  Upon the expiry of the fixed term or earlier termination of this agreement, the Guardian shall vacate the Property leaving it clean and tidy, removing all the Guardian’s belongings, and shall return keys to Umbrella immediately.

14.2  If, following Termination, the Guardian shall fail to remove any personal goods or belongings, Umbrella shall be entitled to dispose of the same in any manner it thinks fit without being liable to the Guardian.

14.3  The Guardian must pay Umbrella a reasonable contribution to all costs incurred by Umbrella in disposing of anything which the Guardian leaves behind at the Property, including a reasonable contribution to the hire of a skip if that is reasonably required.

14.4  Should the Guardian fail to return the keys upon vacating the Property, the Guardian will pay Umbrella the cost of changing the locks and new keys including administration costs.

 

15. ACKNOWLEDGEMENTS

15.1  This agreement sets out the entire understanding of the parties relating to the Property, and to all the matters dealt with by any of the provisions of this agreement.

15.2  No employee or agent of Umbrella has any authority to give any information about or in relation to the Property or this agreement other than any written information supplied directly to the Guardian by Umbrella’s solicitors.

 

16. NON-COMPETITION

The Guardian agrees with Umbrella that he shall not either or his own account, or with or on behalf of any person or persons, whether directly or indirectly, for a period of 5 years from the date hereof, carry on or be engaged, concerned or interested in any business or organisation in competition with Umbrella.

 

17. NOTICES

17.1  In this clause, a “working day” is a weekday which is not a public holiday.

17.2  Any notice given under this Agreement to the Guardian may be served in any of the following ways:

17.2.1  By leaving it at the Living Space in an envelope marked with the Guardian’s name, in which case it will be deemed served on the day it is left there.

17.2.2 By sending it by SMS text message to the mobile telephone number set out in the Particulars, in which case it will be deemed served 1 hour after the message is sent.

17.2.3  By sending it by e-mail to the e-mail address set out in the Particulars, in which case it will be deemed served 1 hour after the message is sent.

17.2.4  By sending it in an envelope addressed to the Guardian at the Property by pre-paid first class post, in which case it will be deemed served on the first working day after it is posted.

17.2.5  If the Guardian changes their mobile telephone number or e-mail address, and notifies Umbrella in writing of the new number or e-mail address, then that new number or e-mail address will be treated as substituted for the number or e-mail address set out in the Particulars. Unless and until Umbrella is notified in writing of a new number or e-mail address, Umbrella will be entitled to serve notices on the Guardian at the number and e-mail address stated in the Particulars.

17.3  Any notice given under this agreement by the Guardian to Umbrella must be sent by email to office@umbrellaguardians.com for the attention of the area manager, or to such other address as is notified in writing from time to time by Umbrella to the Guardian. A notice sent in that way will be deemed served the working day after it is sent. A notice not sent in that way will be deemed not to have been served.

17.4  If the Guardian wishes to speak to Umbrella for any reason about this agreement, or otherwise in relation to the Property, he should telephone one of the numbers set out in the Guardian Guidelines booklet.

 

18. HEALTH AND SAFETY AND GUIDANCE

The Guardian acknowledges that Umbrella has provided the Guardian with guidelines and an induction process. Umbrella may make changes to the Guardian Guidelines from time to time, in which case details will be supplied to the Guardian.

 

19. SECURITY INDUSTRY ACT

19.1  It is hereby expressly acknowledged that the Guardian has no security responsibility or authority as defined in the Private Security Industry Act 2001.

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