Is a photo of an tenancy agreement legally binding?

**teaboy2** · 7th October 2012, 15:00:PM

Re: Is a photo of an tenancy agreement legally binding?

No a photo is not legally binding, but in this case it is photographic evidence proving that an agreement existed and was entered into by you. What it does not prove though is the terms and conditions of the tenancy agreement.

What reason are they giving you as to why you are not allowed to end the agreement. Their terms and conditions will likely be the same for all students that are resident in the student village, so theres no reason why they can not produce a reconstituted version of the agreement which would be minus your signature. Just like Debt Collection companies are allowed to produce reconstituted versions of credit agreements.

Can you give us a more detailed back ground story please?

Do you have a copy of the agreement? Is that why you were able to take the picture? If so what do the terms state about terminating the agreement i.e. you want to leave etc. Plus they could argue that the photo is proof that you have a copy of the agreement and if it went to court they could get the judge to order you to produce the agreement which they can then use to argue as to why you could not end the agreement.

**msvstudent** · 7th October 2012, 21:35:PM

Re: Is a photo of an tenancy agreement legally binding?

Hey, thanks for the response.

The story basically is I asked them if I could leave due to me really not enjoying my time here, as all my friends are in halls 5-10 min walk away. The manager of Manchester Student Village then said that it was not possible and she would let me out of the contract if she could, but its not in her power to do so.

There was a deadline date that I had to send them back my tenancy agreement via post/fax/email scan, however I did not get the last signatures I needed until an hour before the end of the deadline and no way to fax or email the agreement, so I took a picture of it and emailed it to them.

This link is the picture that I sent them.

http://i46.tinypic.com/1z5rm2u.jpg

That picture, along with (pictures of) proof of address, of myself and my gaurantor (my mum) were both sent. I've paid a £200 deposit and a £50 admin fee and so still haven't paid for first terms rent.

Below a copy and paste of the tenancy agreement.
The gaurantor on my Tenancy agreement and the one who signed are both different (i.e. originally was going to be my dad but on the signed piece of paper they have a picture on it is my mum) and they also have the name of my road wrong on their tenancy agreement, its listed as Dennetts Hill rather than Bennetts. Don't know if this could help me in any way?

 If you wish to pay your rent by Bank Transfer here are our details
1. Bank Name: Willowfox Limited
2. Account number: 4049 2191
3. Sort Code: 20 55 34
4. IBAN no: GB61BARC20553440492191
5. SWIFT : BARCGB22
6. Always ensure you add your name and room number as a reference so that we can match your
  payment to your account- Bank Transfer must be done at least by 28th August 2012
7. If you have completed a card payment form and now wish to do a bank transfer – please let us
  know with immediate effect so that payment is not duplicated –finance@mcrstudents.com
 We must stress that non payment of rent will mean that no keys will be issued – all payments must be in
cleared funds – Cheques will not be excepted unless sent in 10 days prior to payment date
 Have you sent in proof of address for yourself and your guarantor as keys will not be released until we have
this information which should be sent to us prior to arrival – email/scan to - [COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]finance@mcrstudents.com[/COLOR]Please insert your name and room number on documentation so that we can match up with your file. Youwould have already been contacted if anything was missing at this point.
 Internet cables will be issued on arrival day on completion of a move in inspection form which will be givento you on registration
 Parking information, Doctors registration forms, computer connection information, Laundry usage details,useful local phone numbers as well as some safety tips will be in a welcome pack which will be issued onregistration
 The Courtyard bar will be organizing on your arrival day a welcome BBQ so that you can meet otherstudents and hopefully make many new friend
We look forward to seeing you soonRegards

[COLOR=rgb(12.200000%, 28.600000%, 49.000000%)]Manchester Student Village[/COLOR]
[COLOR=rgb(60.000000%, 60.000000%, 60.000000%)]Lower Chatham StreetManchester, M1 5SX[/COLOR]
[COLOR=rgb(0.000000%, 33.300000%, 50.600000%)]T [/COLOR][COLOR=rgb(60.000000%, 60.000000%, 60.000000%)]+44 (0)161 200 5540[/COLOR][COLOR=rgb(0.000000%, 33.300000%, 50.600000%)]E [/COLOR][COLOR=rgb(60.000000%, 60.000000%, 60.000000%)]msvreception@mcrstudents.com[/COLOR]

[IMG]file:///page1image32656[/IMG] Dear Resident

[IMG]file:///page1image33304[/IMG] [IMG]file:///page1image33464[/IMG] [IMG]file:///page1image33624[/IMG] MCR Students Tenancy Agreement v3.1 17.01.2011

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[IMG]file:///page2image392[/IMG] Offer Letter
Dear SAM GIBBON
We are delighted to confirm your allocated room is B616 in Manchester Student Village[COLOR=rgb(100.000000%, 0.000000%, 0.000000%)].[/COLOR]Enclosed is the contract for you to print off and complete.
Please sign the contract in the required spaces to confirm acceptance of our terms and conditions.

 Tenant signature – This is your signature.
 Guarantor signature – This is the signature of the person you have named as your guarantor on your
accommodation application.
 Witness signature – This is the signature of someone other than the tenant, the guarantor or the landlord.
 Landlords signature – This is where we sign on behalf of the landlord.
To Secure your booking please provide proof of the following :
Your name and address, this can be either, a bank statement, university confirmation letter or UCAS letter.The guarantors name and address, this can be either, a bank statement, utility bill or council tax statement.
Please also complete the enclosed payment details form. Rent can be paid via credit or debit card (there is a 3 %surcharge for credit card payments). In advance full year payment will be subject to a 5% discount.
We require one copy of the contract returning to us plus a passport photo and payment of the first terms rentimmediately to secure your accommodation.
If returning by post can you ensure the correct postage is applied. Please post to:
Lettings TeamManchester Student VillageLower Chatham StreetManchester
M1 5SX
Copies can be faxed to 0161 236 6045 or emailed to salesenquiries@mcrstudents.com
Failing to return the documents and make payment could result in your offer of accommodation being withdrawnand your room allocated to the next person on our waiting list.
We thank you for choosing MCR Students and look forward to welcoming you to your new home in September. Ifyou require any further information please contact our sales team on 0161 200 5540.
Kind regardsMCR Students

[IMG]file:///page2image18736[/IMG] MCR Students Tenancy Agreement v3.1 17.01.2011

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[IMG]file:///page3image400[/IMG]

Consumer Protection (Distance Selling) Regulations 2000 : Additional Information
Under the Consumer Protection (Distance Selling) Regulations 2000, we are required to provide you with the followinginformation if we have not met you before entering into a contract with you.
Supplier’s Name	Willowfox Limited. [IMG]file:///page3image9016[/IMG]
Supplier’s Address	MCR House, 341 Great Western Street, Manchester, M14 4HB.
Description of Services	A furnished study bedroom on a self catered basis inclusive of all utilitybills. Details of the utilities and services included are set out in[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]www.mcrstudents.com [/COLOR]/ attached brochure and the Tenancy Agreement.
Price of Services	[IMG]file:///page3image17656[/IMG] The price of the services is as stated in the Tenancy Agreement.
Arrangements for Payment andPerformance	The arrangements for payment are set out in the Offer Letteraccompanying the Tenancy Agreement and the Tenancy Agreement.
Period for which offer remains valid	The offer of accommodation and the price remain valid until the deadlinestated in your Offer Letter but after that date the offer of accommodationwill automatically lapse if you have not accepted it.
Minimum duration of contract	The minimum duration of the contract is for the Tenancy Period as statedin the Tenancy Agreement, subject to the exceptions as stated in theTenancy Agreement.
Can substitute services be provided inthe event of those being ordered beingUnavailable?	Yes
If we have not met with you before you enter into your Tenancy Agreement, you have the right to cancel the TenancyAgreement by giving us written notice within 7 working days, beginning on the day after the Completion Date is enteredor the day after you indicate acceptance online. For more information please refer to the Tenancy Agreement.
Complaints [IMG]file:///page3image39336[/IMG]
We endeavour to provide a high level of service to all tenants. Should you have any complaints concerning the TenancyAgreement or the service we provide please write to Head of MCR Students at MCR House, 341 Great Western Street,Manchester, M14 4HB.

[IMG]file:///page3image44208[/IMG] Completion of Tenancy

[IMG]file:///page3image45800[/IMG]

Upon receipt of the Tenancy Agreement signed by the Tenant and the Guarantor (if applicable) together with theDeposit the Tenancy Agreement will be signed for or on behalf of the Landlord and the Completion Date will beentered by the Landlord or their Agent.

Distance Selling Regulations

Under the Consumer Protection (Distance Selling) Regulations 2000, if you accept this Tenancy Agreement bypost, fax or electronic means, you may cancel the Tenancy Agreement at any time during the periodcommencing the day after Accepting and ending 7 working days later provided that you give the Landlord and/orthe Landlord’s Agent written notice of your intention to do so within those working 7 days.
“Accepting” means to formally accept the Tenancy Agreement on-line or alternatively the Completion Date inthe case of paper copies of the Tenancy Agreement.
The cancellation period will commence the day after the Completion Date in the case of paper copies of theTenancy Agreement or alternatively the day after the Tenant indicates acceptance of the Tenancy Agreementon-line (as applicable).
In the event that you do cancel under the Consumer Protection (Distance Selling) Regulations 2000 we willrefund any Deposit paid.
After that period, you do not have the right to cancel.
The Consumer Protection (Distance Selling) Regulations 2000 do not apply if you accept this TenancyAgreement in person.
If your contract start date begins within the 7 days following the acceptance of contract and you take upoccupation (deemed to occur at the time you collect the keys and fob), your right to cancel under the ConsumerProtection (Distance Selling) Regulations 2000 ends.

[IMG]file:///page3image64192[/IMG] MCR Students Tenancy Agreement v3.1 17.01.2011

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[IMG]file:///page4image440[/IMG] [IMG]file:///page4image608[/IMG] TENANCY AGREEMENT

[IMG]file:///page4image1256[/IMG]

THIS TENANCY AGREEMENT IS MADE ON		(the “Completion Date”)
BETWEEN
(1)	Willowfox Limited of MCR House, 341 Great Western Street, Manchester, M14 4HB (the “Landlord”)
(2)	SAM GIBBON, 24 DENNETTS HILL, PRENTON, CH43 5RS (the “Tenant”) [IMG]file:///page4image13248[/IMG]
(3)	IAN GIBBON, 24 DENNETTS HILL, PRENTON, CH43 5RS (the “Guarantor”)

IT IS AGREED as follows:

1.0. DEFINITIONS AND INTERPRETATION
In this Tenancy Agreement:
1.1. “Building” means the building known as Manchester Student Village, Lower Chatham Street Manchester, M15SX;
“Building Common Parts” means the entrance hall, stairs, corridors, laundry, courtyard, lifts, bicycle store and anyother common areas within the Building provided for the benefit of all tenants;
“Contents” means the furnishings and effects to be found in the Room or the Flat Common Parts as listed in theinventory to be provided to the Tenant on moving in to the Room;
“Deposit” means a deposit of £200;
“Flat” means B615-18 within the Building, including its fixtures and fittings, carpets, doors, glass and windows, but
excluding the Service Media within the Flat;
“Flat Common Parts” means the Flat, other than the Room and other rooms within the Flat occupied exclusively byother tenants of the flat;
“Interest Rate” means the rate of 4% per annum above the base rate of Barclays Bank plc from time to time;“Rent” means the sum of £4092.00 payable as specified below:
Please
offer a 5% [IMG]file:///page4image28704[/IMG]discount on
advancepayments
“Room” means B616 within the Building, including its fixtures and fittings, carpets, doors, glass and windows, butexcluding the Service Media within the Room;
“Service Media” means central heating and hot water systems, electrical services for power and lighting, drainage andwater services, and any data or phone services provided;
“Tenancy Period” means the period from and including the Tenancy Start Date and ending on and including theTenancy End Date;

Date Due	[IMG]file:///page4image35232[/IMG] Amount
27th of August 2012	[IMG]file:///page4image38088[/IMG] £1674.00
16h of January 2013	£1767.00
15th of April 2013	£651.00

“Tenancy Start Date” 15th of September 2012. “Tenancy End Date” 20th of July 2013MCR Students Tenancy Agreement v3.1 17.01.2011

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note we canfull year

[IMG]file:///page5image384[/IMG]

1.2. The expression the “Landlord” includes the person who at any particular time has the right to receive rent under the TenancyAgreement.
1.3. Any obligation on the Landlord or the Tenant not to do any act or thing includes an obligation to take all reasonable steps notto permit or suffer any other person to do any such act or thing.
1.4. Where any party to this Tenancy Agreement comprises two or more persons, all their obligations can be enforced againstthem jointly or as separate individuals.
1.5. The clauses, paragraphs and headings in the Tenancy Agreement are for convenience only and are not to be considered ininterpreting the Tenancy Agreement.
1.6. Words importing gender include all other genders, words importing the singular include plural and vice versa, and wordsimporting persons shall be construed as importing a corporate body or a partnership and vice versa

2.0. THE LETTING
2.1. The Landlord lets the Room to the Tenant for the Tenancy Period.
2.2. The Tenant is granted the following rights for the benefit of the Room in common with the Landlord and all other tenants of the
Building (including all other persons from time to time duly authorised by the Landlord):
1. 2.2.1. the right to use the Building Common Parts and the Flat Common Parts, including the right to come and go to and
  from the Room over such of the Building Common Parts and Flat Common Parts as are designed or designated to
  afford access; and
2. 2.2.2. the right to use the shared facilities within the Flat Common Parts.
2.3. The Landlord reserves the following rights over the Room:
1. 2.3.1. the right for the Landlord and/or the Landlord’s Agent and those authorised by the Landlord and/or the Landlord’s
  Agent to enter the Room on reasonable written notice (except in cases of emergency) for any purpose mentioned in
  this Tenancy Agreement; and
2. 2.3.2. the right to the free passage and running of water, soil, gas and electricity through any pipes, cables, wires, drains or
  sewers passing in or through the Room.

3.0. THE TENANT’S OBLIGATIONS
3.1. The Tenant shall accept the Room, the Flat, the Building Common Parts, the Flat Common Parts and the Building as being ingood and tenantable repair and condition and fit for the purposes for which they are let and/or intended to be used as at theTenancy Start Date unless the Tenant informs the Landlord and/or the Landlord’s Agent in writing of any defects in thecondition and repair within 48 hours of the Tenancy Start Date.
3.2. Within 48 hours of first occupation of the Room the Tenant shall provide the Landlord and/or the Landlord’s Agent with asigned inventory confirming that all Contents are present and the condition of the same. In the event that any of the Contentsare missing or damaged the Tenant must notify the Landlord and/or the Landlord’s Agent within 48 hours of first occupation ofthe Room.
The Tenant will:
3.3. Pay the Rent on the dates specified to the Landlord (or to whosoever the Landlord shall direct). The Tenant will not set-off any
amounts against the Rent or any other amounts due to the Landlord. Any person who is not the Tenant and who makes
payments due from the Tenant does so as agent of the Tenant.
3.4. If payment of the Rent or any other money due from the Tenant is late, pay interest at the Interest Rate on the outstanding
amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court).
Interest will be charged on a daily basis and shall be compounded monthly.
3.5. To pay to the Landlord (or to whosoever the Landlord shall direct), an administration fee of £25 for each letter sent to the
Tenant in respect of late payment of Rent or any other amount due from the Tenant under the terms and conditions of this
Tenancy Agreement.
3.6. To pay to the Landlord (or to whosoever the Landlord shall direct), an administration fee of up to £30 for each cheque
presented to the Landlord which bounces.
3.7. If the Tenant requests a copy of the Tenancy Agreement, to pay to the Landlord (or to whosoever the Landlord shall direct) an
administration fee of £10.
3.8. Promptly notify the Landlord and/or the Landlord’s Agent of any damage to or defect in the Room and/or the Flat and/or the
Building.
3.9. Operate the Service Media and electrical appliances in the Flat and/or the Room and/or the Building in accordance with the
manufacturer’s instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical
appliances which do not belong to the Landlord comply with all relevant standards and regulations.
3.10. Pay a fair and reasonable proportion, as determined by the Landlord and/or the Landlord’s Agent, of the costs incurred by theLandlord and/or the Landlord’s Agent in making good damage to the Room, the Flat, the Building Common Parts or the FlatCommon Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or anyfailure by the Tenant to observe and comply with the obligations of the Tenant under this Tenancy Agreement. If there is no
evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:

3.10.1. the Tenant caused the damage to the Room;

3.10.2. all the tenants of the Flat caused the damage to the shared facilities in the Flat Common Parts; and.
3.10.3. all the tenants entitled to use the Building Common Parts caused the damage to the Building Common Parts.

3.11. To allow the Landlord and/or the Landlord’s Agent and those authorised by the Landlord and/or the Landlord’s Agent upon
reasonable written notice (except in cases of emergency) to enter the Flat at reasonable times to:

3.11.1. inspect its condition;
3.11.2. carry out any necessary repairs or alterations to the Room and/or the Flat and/or the Building;
3.11.3. maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within

the Room;
3.11.4. carry out viewings of the Room and/or Flat with prospective tenants.
In exercising its right of entry to the Room and/or Flat, the Landlord and/or the Landlord’s Agent willcause minimum possible inconvenience to the Tenant.
3.12. Provide the Landlord and/or the Landlord’s Agent with a certificate of exemption for council tax or, if the Tenant is not entitledto such a certificate or if any council tax is or becomes payable for the Room and/or the Flat, the Tenant will promptly pay any

MCR Students Tenancy Agreement v3.1 17.01.2011

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[IMG]file:///page6image384[/IMG] council tax due. In the event that the Landlord pays any council tax directly in respect of the Flat and/or the Room the Tenantwill immediately reimburse the Landlord. The Tenant shall also reimburse the Landlord for all other taxes, charges, duties,outgoings or assessments which are payable during the Tenancy Period in respect of the Room and/or the Tenant’s use of theRoom or any other part of the Building including television licence fees, charges for the use of a telephone (if any) in the Flator Room and rental or other recurring charges during the Tenancy Period within 14 days.

3.13. Maintain the Room and, jointly and severally with the other tenants of the Flat, the Flat Common Parts in at least as goodtenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date (except for damage byaccidental fire and water from the domestic services infrastructure).
3.14. Maintain the Contents in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wearand tear (and the inventory provided to the Tenant on moving in to the Room shall be evidence of their existing condition, andany defect shall be noted in such inventory) in accordance with clause 3.2.
3.15. Not remove any of the Contents from the Room or the Flat Common Parts, as the case may be.
3.16. Not to bring any soft furnishings (save for bedding where this is not included in the Contents) or other furniture (including butnot limited to inflatable furniture) into the Room, Flat or Building except where the Landlord and/or the Landlord’s Agent hasgiven prior written consent. All such furniture must comply with any relevant fire safety legislation and you will be required toremove (at your own expense) any furniture the Tenant has brought in to the Room and/or the Flat and/or the Building without
the Landlord’s permission and/or which does not comply with legislation.
3.17. Occupy the Room personally for residential purposes only.
3.18. Not transfer the tenancy created by this Tenancy Agreement to anyone else without first obtaining the Landlord’s written
consent, which must not be unreasonably withheld. The Landlord may as a condition to giving its consent to the proposedtransfer:
1. 3.18.1. charge the Tenant an administration fee of £200 (which will be deducted from the Deposit); and/or
2. 3.18.2. require the incoming tenant to enter in to a tenancy agreement on the same terms and conditions as this Tenancy
Agreement; and/or

3.18.3. require the incoming tenant to provide a guarantor of his/her own in respect of the obligations of the incoming tenantunder this Tenancy Agreement; and
The Tenant will not sublet the Room or part with possession or share occupation of the Room or any part of it under any
circumstances.

3.19. Not carry on any profession, trade or business whatsoever in the Room or the Flat.
3.20. Not use the Room or the Flat for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion
of the Landlord and/or the Landlord’s Agent, be a nuisance, damage or annoyance to the Landlord and/or the Landlord’sAgent or to the other tenants of the Building or any adjoining premises and in particular, the Tenant will:

3.20.1. Not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the FlatCommon Parts, can be heard outside those Flat Common Parts;
3.20.2. Not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuseof Drugs Act 1971);
3.20.3. Not to bring in to the Room, Flat or Building any weapons or items of any description that are illegal or which theLandlord and/or the Landlord’s Agent considers to be offensive or dangerous including (but not limited to) firearms, air-weapons, bows, knives, swords, martial arts weapons, paint-ball guns and replica, ceremonial and toy weapons;
3.20.4. Not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlordand/or the Landlord’s Agent or any other person; and
3.20.5. Not keep, store or use in the Building nor any balcony any gas or oil heater or other fuel burning appliance, includingcandles and barbeque equipment.

3.21. Not damage or leave in a dirty or untidy state any parts of the Building.
3.22. Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Flat, the Contents or the Building.
3.23. Not to fix anything whatsoever to the interior of the Room or the Flat Common Parts in any manner which may damage the
structure or decoration of the Room or the Flat Common Parts or to place anything outside the windows of the Room or the
Flat Common Parts.
3.24. The Tenant must pay for the cost of issuing replacement lost/stolen keys/fobs. As of January 2011 the cost of a replacement
key is £20 and the cost of a replacement fob is £15 although these prices may increase over time.
3.25. Deliver the Room, the Contents and the key to the Room/Flat to the Landlord and/or the Landlord’s Agent at the end of theTenancy Period in the same condition as recorded in the inventory and, by no later than the Tenancy End Date, clear theTenant’s own belongings from the Room and the Flat Common Parts. To the extent that the Tenant fails to remove his/herbelongings from the Room and the Flat Common Parts by the Tenancy End Date, the Landlord and/or the Landlord’s Agentshall be under no duty of care towards the same and reserves the right to dispose of such belongings as it thinks fit without
any liability whatsoever to the Tenant.
3.26. Ensure that any refuse is deposited in the receptacles provided for the purpose in the Building.
3.27. Not erect any external wireless or television aerial or satellite dish.
3.28. Not to keep any animal, bird, insect or reptile in the Room, the Flat Common Parts or the Building Common Parts.
3.29. Not do anything in the Room, the Building Common Parts or the Flat Common Parts which would prejudice or increase the
premium payable for the policy of insurance of the Building for the time being in force.
3.30. Not obstruct any means of access within the Building.
3.31. Pay all reasonable and proper costs and expenses (including legal costs, unless a Court orders otherwise, and fees payable
to a surveyor and any value added tax thereon) incurred by the Landlord and/or the Landlord’s Agent in or in reasonableconsideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant no performing theobligations of the Tenant under the Tenancy Agreement.
3.32. Not to tamper with the Landlord’s fire prevention and control equipment and to vacate the Building (and to ensure that anyvisitors of the Tenant do so) immediately whenever the fire alarm is sounded.
3.33. Not to use designated fire escapes except for the purposes of emergency escape.
3.34. Not to copy the keys and/or fob permitting access to the Building and/or the Room and/or the Flat
3.35. Not to permit any person other than the Tenant to possess or hold the keys and/or fob.

MCR Students Tenancy Agreement v3.1 17.01.2011

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[IMG]file:///page7image384[/IMG]

3.36. Not to allow any person other than the Tenant to access the Building and/or the Flat and/or the Room using the keys and/orfob.
3.37. Not to allow any guest or visitor access to the Flat and/or the Room and/or the Building without being accompanied by theTenant at all times.
3.38. To comply with any reasonable regulations of the Landlord and/or the Landlord’s Agent which may be notified to the Tenant inwriting from time to time and in the event of conflict between the terms and conditions of this Tenancy Agreement and anysuch regulations, the terms and conditions of this Tenancy Agreement shall prevail.
3.39. To report any accident or incident to the Landlord and/or the Landlord’s Agent as soon as possible after it occurs and in anyevent within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord and/or the Landlord’sAgent, to complete an incident or accident form and return it to the Landlord and/or the Landlord’s Agent (as directed).
3.40. If the Room is to be left unoccupied for more than 4 weeks the Tenant must notify the Landlord and/or the Landlord’s Agentthat the Room is to be unoccupied, and take such steps as the Landlord and/or the Landlord’s Agent may reasonablyprescribe.
3.41. To keep the Room door(s) locked and the window(s) closed and secured at all times when the Tenant is not in the Room.
3.42. To keep the Flat door(s) locked and the window(s) closed and secured at all times when no tenants are in the Flat.
3.43. To notify the Landlord and/or the Landlord’s agent of the loss of any key or fob immediately.

4.0. VISITORS AND GUESTS
4.1. The Tenant is responsible for the behaviour in the Room and/or the Flat and/or the Building of any invited guest/visitor(whether the invitation is express or implied). The Tenant must ensure that they do not break the terms and conditions of thisTenancy Agreement. This includes children. If they do, the Tenant may be held responsible for any malicious and nonmalicious damage, undue wear and tear, or disturbance caused and the Tenant and that person could face legal action.
4.2. The Tenant agrees that the Landlord and/or the Landlord’s Agent may remove or exclude the Tenant’s invited guests from theRoom and/or the Flat and/or the Building where the Landlord and/or the Landlord’s Agent believes that their exclusion isnecessary for the safety and/or well-being of other persons and/or to safeguard the Landlord’s property, and/or comply withthe terms and conditions of this Tenancy Agreement.
4.3. In the event that the Tenant and/or their guests are causing disturbance to others (including but not limited to causing noise ata level that interferes with the study, sleep or comfort of the Landlord’s staff and/or the Landlord’s Agent, contractors and othertenants) the Landlord and/or the Landlord’s Agent is entitled to remove or exclude the Tenant’s guests from the Room and/orthe Flat and/or the Building.
4.4. The Tenant agrees not to allow anyone other than one occasional adult guest to stay overnight, for no more than twoconsecutive nights in any 7 day period, provided this does not annoy other residents or disrupt study. The Landlord and/or theLandlord’s Agent reserves the right to withdraw this privilege on 48 hours’ notice if in the Landlord and/or the Landlord’sAgent’s opinion it is necessary to do so for the safety and wellbeing of other occupants of the residence and/or to safeguardthe Landlord’s property and to comply with the terms and conditions of this Tenancy Agreement.

5.0. RESPECT FOR OTHERS
5.1. The Tenant agrees to have and to show respect for other persons living and/or working in the Building at all timesincluding (but not limited to):-
5.1.1. Not doing anything which causes or is likely to cause a nuisance or annoyance to other tenants or the occupants ofneighbouring property;
5.1.2. Not doing anything which interferes with the peace, comfort, or convenience of other students/tenants and peopleliving in the Building and locality of the Building including (but not limited to) drunken behaviour and foul and/or abusivelanguage;
5.1.3. Keeping noise at a level that does not interfere with the study, sleep or comfort of the Landlord and/or the Landlord’sAgent’s staff, contractors, other tenants, the occupants of neighbouring property or other persons. In particular, the Tenantagrees not to make or allow any loud noise between 20.00 hours and 09.00 hours. This includes any machinery, T.Vs,stereos, CD players, loudspeakers, musical instruments, etc. The Tenant agrees to reduce the level of noise immediately ifasked to do so by the Landlord and/or the Landlord’s Agent;
5.1.4. Not harassing or threatening to harass (including harassment on grounds of age, gender, sexual orientation, religion,belief, race, culture, disability or lifestyle), using violence or threatening to use violence, or verbally assaulting any person;

5.1.5. Not working on any motor vehicles or motor cycles in the Room and/or the Flat and/or the Building;
5.1.6. Behaving with respect and consideration towards the occupants of neighbouring property, other tenants, the

Landlord and/or the Landlord’s Agent’s staff, the Landlord and/or the Landlord’s Agent’s contractors and any invited guest orvisitor. This includes not removing any articles from the Room and/or the Flat and/or the Building belonging to the Landlordand/or the Landlord’s Agent, the Landlord and/or the Landlord’s Agent’s staff or the Landlord and/or the Landlord’s Agent’scontractors, not damaging the belongings of others, not taking or using other tenants’ possessions without permission andrespecting the privacy of others.
5.1.7. The Tenant agrees not to smoke in the Room and/or the Flat and/or the Building or within 2 metres of any door orwindow;
5.1.8. The Tenant agrees not to throw anything from the balconies or windows of the Room and/or the Flat and/or theBuilding;
5.1.9. The Tenant agrees not to place any item on any balconies or external window ledges of the Room and/or the Flatand/or the Building, for example milk cartons, plant pots, bicycles;

6.0. THE LANDLORD’S OBLIGATIONS
The Landlord agrees with the Tenant as follows:
6.1. That if the Tenant pays the Rent and performs all the obligations of the Tenant under the Tenancy Agreement, then the
Tenant may quietly possess and enjoy the Room during the Tenancy Period without any interruption from the Landlord or any
person acting on the Landlord’s behalf (save as otherwise expressly set out in the Tenancy Agreement to the contrary);
6.2. During the Tenancy Period the Landlord and/or the Landlord’s Agent will provide the services and facilities set out in thefollowing sub-clauses. The Landlord and/or the Landlord’s Agent will not be liable, however, for any failure or interruption toany services or facilities, or for any loss arising from such failure or interruption, if the failure or interruption is due to reasons

MCR Students Tenancy Agreement v3.1 17.01.2011

**msvstudent** · 7th October 2012, 21:36:PM

Re: Is a photo of an tenancy agreement legally binding?

6

outside our control (unless the failure is caused by our negligence). Reasons outside our control would include, for example, mechanical breakdown, failure, malfunction, shortages of fuel or materials or labour disputes, student action or from any necessary maintenance, repair, replacement, renewal, servicing, inspection or testing of the systems used to provide the services.

6.2.1. To maintain and repair the structure of the Building;
6.2.2. To maintain, repair, decorate and provide adequate heating and lighting to the Building Common Parts and the Flat
Common Parts and to clean the Building Common Parts;
6.2.3. To maintain all Service Media serving the Flat, the Building Common Parts and the Flat Common Parts;
6.2.4. To provide an adequate supply of hot and cold water, heating and electrical power to the Flat;
6.2.5. To provide and maintain equipment in the Building Common Parts and the Flat Common Parts.

7.0. INSURANCE
7.1. The Landlord will insure the Building against fire and other risks which the Landlord considers reasonably necessary.
7.2. The Landlord will also arrange for limited contents insurance through Endsleigh. Full details of the policy are available from
www.endsleigh.co.uk. Please select your property to view the cover provided.

8.0. ALTERNATIVE ACCOMMODATION
8.1. The Landlord reserves the right to move the Tenant to similar alternative accommodation for reasonable management reasons
including (but not limited to):

8.1.1. Where the Landlord and/or the Landlord’s Agent considers that the Landlord and/or the Landlord’s Agent cannot reasonably carry out works to the Room and/or the Flat and/or Building (whether repairs or improvements) whilst the Tenant remains in the Room and/or the Flat and/or Building;
8.1.2. Where the Room and/or the Flat and/or Building is damaged or otherwise adversely affected, such that the Landlord and/or the Landlord’s Agent consider (acting reasonably) that it is unfit for occupation (for example, due to flood, infestation, storm, damage, plant malfunction);

8.2. If we request you to relocate we will give you notice of this and give you details of the similar alternative accommodation to which you will be moving. We will also notify you of the date on which you are to move to the similar alternative accommodation and we will give you reasonable notice of this date (taking into account the circumstances);
8.3. In the event that the Tenant requests alternative accommodation the Landlord will attempt to provide the same but will be under no obligation to do so. If the Landlord (or a company connected with the Landlord) is able to provide alternative accommodation and offers the same to the Tenant, the Tenant will enter in to a new Tenancy Agreement in respect of the alternative accommodation and pay to the Landlord £50 in respect of the cancellation of the existing Tenancy Agreement.

9.0. AGREEMENTS AND DECLARATIONS
9.1. It is agreed between the Landlord and the Tenant that if at any time:

9.1.1. The whole or any part of the Rent shall be unpaid for one month after it becomes due (whether legally demanded or not); or

9.1.2. Any other sum due under this Tenancy Agreement shall be unpaid for one month after it becomes due; or
9.1.3. The Tenant breaches or fails to comply with any of the provisions of the Tenancy Agreement;
9.1.4. Any of the grounds set out in the Housing Act 1988 Schedule 2 Grounds 2, 6, 8, 10-15 (inclusive) and 17 apply the

Landlord and/or the Landlord’s Agent may apply for a Court Order stating that the Landlord and/or the Landlord’s Agent shall be entitled to repossess and enjoy the Room as if this Tenancy Agreement has not been granted. If the Court Order is granted the Tenancy shall end immediately but without prejudice to any right of action or remedy of either the Landlord and/or the Landlord’s Agent or the Tenant in respect of any previous breach of the other’s obligations under this Tenancy Agreement.
9.2. If the Room, Flat and/or Building are destroyed, or are otherwise damaged so as to render the Room and/or the Flat incapable of occupation and such damage or destruction is not caused by the Tenant’s act or omission (or that of the Tenant’s visitor or guest), then either the Landlord or the Tenant may end this Tenancy Agreement by giving the other one month’s written notice.

10.0. DEPOSIT
10.1. The Tenant must pay the Deposit to the Landlord and/or the Landlord’s Agent who will place the same with the Deposit Protection Service.
10.2. The Deposit will be protected by The Deposit Protection Service in accordance with its terms and conditions. The terms and conditions and ADR Rules governing the protection of the deposit including the repayment process can be found at www.depositprotection.com.
10.3. The Landlord and/or the Landlord’s Agent may retain from the Deposit:
1. 10.3.1. Any rent or other payments due from the Tenant to the Landlord and/or the Landlord’s Agent, including advance rent
  that has fallen due
2. 10.3.2. Any sum the Landlord and/or the Landlord’s Agent expends or incurs in remedying any failure by the Tenant to
  comply with his obligations under this agreement
3. 10.3.3. After the end of the Tenancy Period, any sum owing to the Landlord equivalent to rent in respect of any period of
  unauthorised occupation by the Tenant or anyone under his control; and
4. 10.3.4. Any interest due under this agreement on any of the above at the Interest Rate from the date the payment is due to
  the date it is deducted from the Deposit
but shall not be obliged to do so
10.4. If the Landlord and/or the Landlord’s Agent does apply to the Deposit or part of it as authorised above, the Tenant must, at the Landlord and/or the Landlord’s Agent’s written request, pay the Landlord a further sum to restore the Deposit to the agreed amount stated in the Tenancy Agreement

11.0. VAT

[IMG]file:///page8image50584[/IMG] [IMG]file:///page8image50744[/IMG]MCR Students Tenancy Agreement v3.1 17.01.2011

7

[IMG]file:///page9image384[/IMG]At the date of this Tenancy Agreement the Rent or any sum payable is exempt from Value Added Tax (“VAT”) but we reserve the right to charge VAT if it becomes payable during the Tenancy Period, for example, if there is a change in the law.

12.0. REMOVAL OF ITEMS
12.1. The Landlord and/or the Landlord’s Agent may remove from the Room and/or the Flat and/or the Building any items which the Landlord and/or the Landlord’s Agent finds in the Room and/or the Flat and/or the Building (either used or unused) that the Landlord considers (acting reasonably) are dangerous and/or may cause a fire hazard. If the Landlord removes an item, the Landlord will leave a note in the Room and/or the Flat and/or the Building confirming that the item has been removed and who the Tenant needs to contact in order to recover the item. The Tenant will not be able, however, to take the item back into the Room and/or the Flat and/or the Building.
12.2. In the event that the Landlord and/or the Landlord’s Agent considers the item removed to be of sufficient hazard that the same cannot be safely stored the Landlord will be entitled to remove the same and dispose of the item as the Landlord and/or the Landlord’s Agent sees fit. The tenant will not in such circumstances be entitled to make any claim against the Landlord and/or the Landlord’s Agent.

13.0. GUARANTEE
The Guarantor will ensure that the Tenant pays the Rent and performs and observes the Tenant’s obligations under this Tenancy Agreement. If the Tenant does not pay the Rent and/or perform and observe the covenants and other obligations on the part of the Tenant contained within this Tenancy Agreement, the Guarantor will do so instead, and will reimburse the Landlord and/or the Landlord’s Agent for any losses, damages, costs and expenses suffered by or incurred by the Landlord and/or the Landlord’s Agent as a result. The Landlord is under no obligation to bring any claims against the Tenant before bringing any action against the Guarantor.
14.0. LIABILITY FOR LOSS OR DAMAGE
Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, the Landlord and/or the Landlord’s Agent shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by the Landlord and/or the Landlord’s Agent’s negligence.
15.0. SEVERABILITY
If any term, condition or provision contained in this Tenancy Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of this Tenancy Agreement shall not be affected.
16.0. NOTICES
As required by Section 48 of the Landlord and Tenant Act 1987 the Tenant is hereby notified that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address:
MCR House
341 Great Western Street Manchester
M14 4HB
The addresses for services of notices on the Tenant and/or the Guarantor are the addresses of those parties as set out in this Tenancy Agreement.
17.0. GOVERNING LAW AND ENFORCEABILITY
This Tenancy Agreement is governed by English law which, for international students, may be different from what the Tenant is used to.
18.0. LEGISLATION
The Contracts (Rights of Third Parties) Act 1999 does not apply to this Tenancy Agreement. This means that no one can enforce any rights or obligations under this Tenancy Agreement other than the parties to this Tenancy Agreement.
19.0 Utilities Fair Usage Policy
Gas, Electricity and Water charges are included in the advertised rate subject to the Landlord’s Fair Usage Limit.
The Landlord’s Fair Usage Limit is to be the Ofgem statistic averaging UK domestic utility usage on a per person basis as published from time to time or in the event that such figure is no longer freely and readily available the average usage will be determined by the Landlord and/or their Agent. The decision of the Landlord and/or their Agent concerning average utility usage is final.
Any Gas, Electricity or Water usage above the Landlord’s Fair Usage Limit will be recharged to the Tenant on a per unit basis at the price charged to the Landlord by the relevant utility provider together with the Landlord’s administration fee of £35 plus VAT (to be charged each time the Landlord’s Fair Usage Limit is exceeded and per utility exceeding the limit).

MCR Students Tenancy Agreement v3.1 17.01.2011

NOTE 1 – Please ensure that the Tenant and Guarantor sign in the presence of a witness, who should add his/hersignature, name, address and occupation
NOTE 2 – The second Tenant execution clause is only to be used in the event that the Tenant consists of two persons.

Executed as a Deed by the Tenant
in the presence of: .................................................. ........................... .........................

Signature of Tenant
Name of Tenant: .................................................. .............(Print Name)
Address of Tenant :................................................. .................................................. .................................................. .................................................. ......................

Date

Email Address of tenant .................................................. ..........Contact No of tenant............................................
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[COLOR=rgb(75.300000%, 75.300000%, 75.300000%)]................................ .................................................. ................ .........................[/COLOR][COLOR=rgb(75.300000%, 75.300000%, 75.300000%)]Signature of 2nd Tenant (if applicable [/COLOR][COLOR=rgb(75.300000%, 75.300000%, 75.300000%)]see note 2 above[/COLOR][COLOR=rgb(75.300000%, 75.300000%, 75.300000%)]) Date[/COLOR]
[COLOR=rgb(75.300000%, 75.300000%, 75.300000%)]Name of Tenant [/COLOR][COLOR=rgb(75.300000%, 75.300000%, 75.300000%)]:................................................. .................................................. ..............[/COLOR][COLOR=rgb(75.300000%, 75.300000%, 75.300000%)]Address of Tenant : [/COLOR][COLOR=rgb(75.300000%, 75.300000%, 75.300000%)].................................................. .................................................. .........[/COLOR]

Signature of witness .................................................. .......................... Date .................................Name of witness: .................................................. .................................................. ............................Address of witness .................................................. .................................................. ..........................Occupation of witness........................................... .................................................. ..............................

Executed as a Deed by the Guarantor
.................................................. ........................ ...............................
Signature of Guarantor Date
Name of Guarantor (Must be in full time employment) :...... .................................................. ..................(Print Name)
Address of Guarantor: .................................................. .................................................. .................................................. .................................................. .................................................. ...................................Email Address of Guarantor......................................... .....................Contact No ...........................................Occupation of Guarantor.................................................. ...........................................
in the presence of - Signature of witness : .................................................. ................ Date............................Name of witness: .................................................. .................................................. ......
Address of witness: .................................................. .................................................. ...
.................................................. .................................................. ....Occupation of witness........................................... .................................................. ......

Signed for and on behalf of the Landlord ........ .................................................. . Date.................................

**teaboy2** · 8th October 2012, 01:00:AM

Re: Is a photo of an tenancy agreement legally binding?

Is there no termination (or early termination) clause?

Am pretty sure there should be a termination clause in there, but as its only for less than 12 months i can not say for certain as the OFT v Ashbourne Management case law referred only to contracts over 12 months!

Has it been longer than 7 days since you signed the contract? Though i think under distance selling regulations its now 14 days cancellation period not 7.

Now this bit i find interesting "8.3. In the event that the Tenant requests alternative accommodation the Landlord will attempt to provide the same but will be under no obligation to do so. If the Landlord (or a company connected with the Landlord) is able to provide alternative accommodation and offers the same to the Tenant, the Tenant will enter in to a new Tenancy Agreement in respect of the alternative accommodation and pay to the Landlord £50 in respect of the cancellation of the existing Tenancy Agreement" £50 is clearly a penalty and not in respect to the landlords actual admin costs in such instances. Also strange how they in the term 8.2 do not offer you any compensation if they relocate you and therefore cancel the current tenacy agreement.

I will have a closer look through the terms you posted tomorrow. But so far it seems all one sided so may be in breach of the CPUTR 2008, though i will have to check that it applies to tenacy agreements.

**msvstudent** · 8th October 2012, 08:07:AM

Re: Is a photo of an tenancy agreement legally binding?

Yes its been over 14 days, however I approached the manager within 14 days of moving in (moved in on the 16/9/2012) asking if I could leave which is when she replied that it was a contract that I could not get out of.

Thanks for the help so far, hopefully there is something to get me out of this place!

**teaboy2** · 8th October 2012, 10:25:AM

Re: Is a photo of an tenancy agreement legally binding?

Originally posted by msvstudent View Post

Yes its been over 14 days, however I approached the manager within 14 days of moving in (moved in on the 16/9/2012) asking if I could leave which is when she replied that it was a contract that I could not get out of.

Thanks for the help so far, hopefully there is something to get me out of this place!

Problem is, it needed to be a written notice of cancellation.

Though you could claim when you approached the Manager you were misadvised that you could not leave despite asking her within the 14 days cancellation period under the distance selling regulations. Point out to the landlord in writing that the cancellation period was, i believe, changed to 14 days in febuary this year from the previous 7 days, as a result of the implementation of the EU's The Consumer Rights Directive. As a result of the manager misadvising you, you were denied your right to cancel, as such the contract is no null and void. The contract it self misrepresented the duration of your right to cancel, also denying you of your right to cancell within 14 days, and therefore the contract was improperly executed as the contract simply did not comply with distance selling regulations. Oh and the 14 days begins not from the day the contract was concluded but on the day you received the goods or in this case received the key to the flat/room.

Its a bit of a shot in the dark, but i don't see what other option you have, and technically in the legal sense it is correct that they should have given you 14 days and not 7 to cancel, so technically the contract was not properly executed and did not comply with the distance selling regulations.

Now just to add, they will probably look up the distance selling regulations online, but they have not been updated, it is still the original legislation online not the updated version with admendments to take into account of any changes since they came into force.

**msvstudent** · 8th October 2012, 11:00:AM

Re: Is a photo of an tenancy agreement legally binding?

Originally posted by teaboy2 View Post

Though you could claim when you approached the Manager you were misadvised that you could not leave despite asking her within the 14 days cancellation period under the distance selling regulations. Point out to the landlord in writing that the cancellation period was, i believe, changed to 14 days in febuary this year from the previous 7 days, as a result of the implementation of the EU's The Consumer Rights Directive. As a result of the manager misadvising you, you were denied your right to cancel, as such the contract is no null and void. The contract it self misrepresented the duration of your right to cancel, also denying you of your right to cancell within 14 days, and therefore the contract was improperly executed as the contract simply did not comply with distance selling regulations. Oh and the 14 days begins not from the day the contract was concluded but on the day you received the goods or in this case received the key to the flat/room.

Sorry, was that the contract is NOW null and void or NOT null and void? Do you think its worth trying to go ahead with this or could it come back to bite me?

I also approached her within 7 working days to ask if I could get out of the contract too, so I think I'm covered there.

**teaboy2** · 8th October 2012, 11:21:AM

Re: Is a photo of an tenancy agreement legally binding?

Its null and void.

Its worth a shot as the EU consumer directive is on your side here. So you will not get any comeback, as you will have made your legal position clear and if in the unlikely event they take you to court for the remaining months of rent, then a judge will simply see that they only gave 7 working days to cancel from signing of contract and not 14 calander days from receipt of the key to the flat/room. Therefore they had denied you your right to cancel and the contract was improperly executed as a result. Meaning they would not be entitled to seek the remaining months rent from you or to enforce the contract. As such he will likely declare the contract null and void.

The onus is on the author of the contract to ensure the terms are in complience with the law and reflect admendments to the law. Since the 14 day cancellation period came into force earlier this year (febuary i believe) then there is no excuse as to why they had not admended the cancellation term in the contract to 14 days.

Fact is you were wrongly advised about your right to cancel both in the contract and verbally by the manager (though the manager probably did not know themselves). As such you were denied your right to cancel. Therefore the whole contract is null and void.

They will probably disagree, but i very much doubt they would want to test it in court, because should they lose, then it will mean all current tenancy agreements they have with their tenants were improperly executed and are null and void, which may mean them having to refund all rents paid so far. A costly lesson for them. Thats something you may want to point out to them if they and only if they disagree with you.

**teaboy2** · 8th October 2012, 11:45:AM

Re: Is a photo of an tenancy agreement legally binding?

Just noticed you added that you approached the manager within 7 days. So yes even if the cancellation period was still 7 days, the fact the manager misadvised you of your right to cancell within those first 7 days of your cancellation period would also have denied you your right to cancel. Therefore also making the contract null and void. So you should also make a point about that too in your letter to the landlord as its the landlords responsability to ensure all staff have full knowledge of peoples rights to cancell and give out correct advise on it when asked.

Basically you verbally enquired about cancelling whilst within the first 7 days of what should have legally been a 14 day cancellation period and you were advised you were not entitled to cancel. That amounts to misrepresentation of contract terms and distance selling regulations (which give you your statutory right to a cancellation period), and as it denied you your right to cancel, the contract is null and void.

**msvstudent** · 8th October 2012, 13:46:PM

Re: Is a photo of an tenancy agreement legally binding?

Thanks a lot! I'm guessing you still lose the £200 deposit through cancellation or is there a possibility of recalling that to?

**teaboy2** · 8th October 2012, 14:08:PM

Re: Is a photo of an tenancy agreement legally binding?

No you would get the deposit back as the contract would have been null and void and therefore they would not be entitled to retain the deposit. Basically when a contract is Null and Void both parties must be returned to the position they were in prior to the contract e.g. all despoit and rent paid must be refunded (hence why i said it would be very costly with regards to all the other tenants tenancy agreements also being null and void if court ruled in your favour), and keys returned and room returned to same state it was in when you originally moved in.

**msvstudent** · 8th October 2012, 17:09:PM

Re: Is a photo of an tenancy agreement legally binding?

thanks, you've been a massive help!

**teaboy2** · 8th October 2012, 17:18:PM

Re: Is a photo of an tenancy agreement legally binding?

Your welcome - Keep me updated on the situation.

Is a photo of an tenancy agreement legally binding?

Is a photo of an tenancy agreement legally binding?

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