Rental Contract

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THIS AGREEMENT is made on Date: ………………………………………….


  1.  Joanna Hudson of Alderne House, Horsted Lane, Sharpthorne, West Sussex, RH19 4HX(the Landlord) and

  2. Name and address of tenant:………………………………………………………


1. Particulars

1.1 Booking Deposit: ⅓ rent due within 7 days of receipt of this contract

1.2 Final Balance of total rent: ⅔ rent due 6 weeks before holiday start date

1.3 Deposit: £500 to be paid 6 weeks before holiday start date

1.4 Booking Deposit: ⅓ rent due within 7 days of receipt of this contract

1.5 Hot Tub Fee: £0 week

1.6 Property: The house known as Halamana, Gillan, Cornwall TR12 6HL

1.7 Rent £……………………..

1.8 Term: from 16:00 on (DATE XX/YY/ZZZZ)  …………………… to 10.00 on (DATE)  ………………

2. Definitions and interpretation

           In this agreement:

2.1 Contents means the furniture and other items which are let with the Property under this agreement;

2.2 Term means the period for which the Property is let under this agreement as specified in the Particulars including any subsequent period when the Tenant remains in the Property or extension or continuance of that period by law.

2.3 Where the Landlord or the Tenant consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this agreement and not just a proportionate part).

2.4 Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.

2.5 Any obligation on the part of the Tenant under this agreement to do or not to do something extends to not permitting or allowing any other person to do or not do that thing.

3. Holiday letting

This agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9. The Tenant acknowledges that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise on the determination of the Term.

4. Agreement to let

The Landlord agrees to let and the Tenant agrees to take the Property with the Contents for the Term at the Rent.

5. Compliance with agreement

The Tenant and the Landlord agree with each other to comply with the requirements of this agreement.

6. Rent

6.1 The Tenant must pay the Booking Deposit on making the booking.

6.2 The balance of the Rent shall be paid six weeks before the commencement of the Term to the Landlord to such bank account as the Landlord shall direct.

6.3 The Tenant must not exercise any right or claim to withhold rent or in respect of legal or equitable set off.

7. Outgoings

The Landlord must pay all the water and sewerage charges and any rates or taxes levied in respect of the Property.

8. Condition of the property

8.1 The Landlord must comply with the Landlord and Tenant Act 1985 Section 11 as to his responsibility for repairs in the Property.

8.2 The Tenant must not damage or injure the Property, make any addition to the Property, unite the Property with any adjoining premises or make any alteration to the Property or to the services or service media in the Property.

8.3 The Tenant must maintain the Contents and keep them in good condition (except to the extent their condition deteriorates as a result of fair and ordinary use), must make sure they are not damaged and must not take any of them away from the Property. On arrival at the Property, it is the responsibility of the Tenant to notify the landlord of any damages they note to the Content or the Property.

8.4 The Tenant must keep any pipes, cables, wires or other media for the supply of heat, electricity, gas, water and telecommunications inside or only serving the Property free from obstruction and the lavatories properly cleaned.

9. Rights of entry

The Tenant must allow the Landlord, with any necessary contractors and workmen, to enter the Property at all reasonable times upon 24 hours’ prior notice in writing, or in the event of emergency at any time without notice, causing as little inconvenience to the Tenant as reasonably practicable and making good any damage caused to the Property and the Tenant’s property for the following purposes:

9.1 to view the state and condition of the Property and the Contents; and

9.2 to carry out any repairs that are necessary by virtue of the Landlord’s responsibilities under this agreement or by law to the Property or to any adjoining property that can only be carried out by having access to the Property

10. Appearance of the property

The Tenant must not erect any aerials, satellite dishes, poles or masts or display any sign on the Property or install any cables or wires outside it.

11. Location of Property

11.1 Due to its location, the Property is not suitable for children. Tenants must accept sole liability if they bring children to the Property.  There is a drop from the edge of the Property to the rocks and sea below.  There is also access down to the water and a hot tub on site. 

11.2 EXREME CAUTION is required if children are visiting the Property. Children will need to be supervised by a responsible adult at all times.

11.3 CAUTION IS REQUIRED AROUND THE PERIMETER OF THE PROPERTY since there is a significant drop to the rocks and sea below. Please be careful.

11.4 CAUTION IS REQUIRED OUTSIDE of the Property as it is surrounded by sea and the area experiences a lot of rain. This impacts the surfaces outside.   As a result surfaces can become slippery.  Please be cautious when walking outside.

12. Hot Tub

12.1 If the Tenant wishes to use the hot tub during their stay they must use the hot tub in a responsible manner and keep it clipped shut whenever it is not in use. Children should not use the hot tub.  Guest must always shower before using the hot tub.  The water in the tub should always cover the jets and the filter inlet.  A hose and tap are nearby in the event of evaporation.  The chlorine dispenser must always be kept in the hot tub (except when in use). 

12.2Use of the hot tub shall be subject to payment of the hot tub fee.

13. Health and Safety

13.1 The Tenant should pay due attention to health and safety and ensure they have read and understood all relevant information provided for their stay in the property including any information provided by the Landlord. 

13.2 Any material health and safety concerns arising from the condition of the property or materially connected to the stated or legal responsibilities of Landlord should be reported to the Landlord and without delay. Tenants are expected to take due care of their health and safety under obligations stated in health and safety legislation.  Where reasonable steps have been taken by Landlord to ensure accommodation safety, Tenants accept that original architecture of low doors, ceilings etc and of stairs may not always meet modern building regulations.  The Tenant is expected to take reasonable steps to ensure the safety of all members of his party.

13.3 When accessing the Property by vehicle to accept this is done entirely at the risk of the vehicle’s owner or assigned driver.

14. Use and nuisance

14.1 The Tenant must use the Property for the purpose of a private holiday residence for a maximum of 12 persons only and not for any other purpose.

14.2 The Tenant must not do anything on the Property that may reasonably be considered to be a nuisance or annoyance to the Landlord or the owners or occupiers of adjacent or neighbouring property.

14.3 The Tenant must not use the Property for any auction sale, any dangerous, noisy or offensive activity or any illegal or immoral act or purpose and must not carry on any commercial activity on it.

14.4 The Tenant must not keep or allow any animal, bird or reptile at the Property.

15. Dealings

This agreement is personal to the Tenant. The Tenant must not assign, sublet or part with or share possession of the Property or any part of it. The Tenant must also not enter into any agreement or arrangement by which anyone in occupation of the Property may become entitled to an assured tenancy or other security of tenure under the Housing Act 1988.

16. Costs of enforcement

The Tenant must pay the Landlord’s reasonable costs and expenses properly incurred in relation to or incidental to recovery or attempted recovery of arrears of Rent or other sums due under this agreement.

17. Giving back possession at the end of the term

17.1 The Tenant must hand over to the Landlord all keys by 10.00am on the date the Term ends and give vacant possession of the Property and the Contents back to the Landlord clean, tidy and in accordance with the provisions of this agreement, and with the various items of furniture and other items left in the places in which they were situated at the beginning of the Term.

17.2 The Tenant will be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left in the Property at the end of the Term. The Landlord will remove and store the items for a maximum of 1 month. The Landlord will notify the Tenant that this has been done at the Tenant’s last known address. If the items are not collected within 1 month, the Landlord may dispose of the items and the Tenant will be liable for the reasonable costs of disposal. The reasonable charges and costs incurred by the Landlord may be deducted from any sale proceeds or the Damages Deposit and if there are any charges and costs remaining they will remain the Tenant’s liability.

18. Non-disturbance

The Landlord must permit the Tenant peaceably to hold and enjoy the Property during the tenancy created by this agreement without any interruption or disturbance from or by the Landlord or any person claiming under or in trust for him

19. Insurance

19.1 The Landlord must keep the Property and the Contents (but not the Tenant’s personal property) insured against damage or destruction by fire and other usual risks for the full cost of rebuilding and reinstating the Property and replacing the Contents unless the insurance is invalidated by any act of the Tenant.

19.2 If the Property or any part of it is damaged by any risk against which it is insured so as to be unfit for occupation, the Rent, or a fair proportion of it, shall be suspended until the Property, or the affected part, is fit for occupation. This provision does not apply where payment of the insurance money is refused because of any act or default of the Tenant.

20. Recovery of possession

The Landlord’s rights under this clause arise if and whenever during the Term:

20.1 the Rent is unpaid for 14 days after becoming due, whether formally demanded or not; or

20.2 there is a breach by the Tenant of any obligation or other term of this agreement; or

20.3 If and whenever during the Term any of the events referred to in clause 20.1 occurs, the Landlord may commence proceedings to obtain a court order to recover possession from the Tenant and re-enter the Property subject:

20.4 in the case of unpaid rent to the Tenant’s right to relief on payment of the arrears and costs; and

20.5 in the case of a breach of any obligation other than to pay rent, to his obligations to serve notice on the Tenant specifying the breach complained of, requiring its remedy if it is capable of remedy and requiring the Tenant to pay compensation in any case and to allow the Tenant a reasonable time to remedy a breach that is capable of remedy.

20.6 On the making of a court order for possession, the tenancy created by this agreement shall cease absolutely but this shall not affect any rights or remedies that may have accrued to the Landlord against the Tenant or to the Tenant against the Landlord in respect of any breach of this agreement including the breach in respect of which the possession is ordered.

21. Landlord’s details

The Tenant is notified for the purposes of the Landlord and Tenant Act 1987 Section 48(1) that notices (including notices in proceedings) may be served on the Landlord by the Tenant at the address referred to at the beginning of this agreement.

22. Damages Deposit and Deposit

22.1The Tenant must pay the Damages Deposit to the Landlord to be held by the Landlord until the end of the Term and until the property has been checked by the housekeeping team as security towards the Tenant’s liability for any sums that may be due from the Tenant to the Landlord under this agreement.

22.2 The Tenant must inform the Landlord of any damage or breakage to the Property and its Contents so that it can be put right in a timely manner for the next guests. The Landlord reserves the right to deduct such sums as required from the Damages Deposit to make good the damage.

22.3 The Landlord acknowledges receipt of the Damage Deposit from the Tenant and agrees to repay it to the Tenant at the end of the Term less any sum that may be due to the Landlord from the Tenant as a result of any breach of the Tenant’s obligations under this agreement.

22.4 The Booking Deposit is non-refundable.

23. Severance

If any term of this agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.

24. Cancellation

24.1 If the booking is cancelled before the Term commences the full amount of the Rent will be charged. In the event that the Landlord relets the Property, the Rent less the Deposit will be refunded. The Tenant is strongly advised to take out holiday insurance.

24.2 If the Landlord is required to cancel the booking as a result of matters of matters beyond their control e.g fire or flood, any amount of Rent and/or Damages Deposit paid by the Tenant to the Landlord will be refunded. The Landlord will not be liable for any further claim.

25. Other

25.1 The Landlord cannot be held responsible for disturbance or noise from beyond the boundaries of the property or which are outside of the owner’s control.

25.2 Every effort is made to ensure all items of equipment described and supplied by the Landlord is fit for use and working but there is no guarantee or accepted liability in the event of breakdowns before or during a holiday.

25.3 Where WiFi is stated as available it does not imply the high speeds associated with fibre optic services or speeds often expected in built up areas. Rural WiFi services can be intermittent and are often at significantly slower speeds than those suitable for streaming. WiFi, where available, is usually only suitable for keeping in touch by e-mail and checking local events and activities.

25.4 No electrical or other heating device must be employed, except that which is already in the property. All electrical devices taken to the property must be safe to modern standards and used as intended by their manufacturers.

26. Liability

26.1 The Landlord shall not be liable for any death or personal injury unless this results from an act of neglect or breach of statutory duty by the Landlord.

26.2 Except in respect of death or personal injury, if the Landlord is found liable to the Tenant on any basis, the maximum amount the Landlord will have to pay the Tenant is the amount of the Rent. The Landlord shall not be liable to the Tenant by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Landlord their servants or agents or otherwise) which arise out of or in connection with these conditions.

26.3 All necessary steps must be taken by Tenants to safeguard personal property.

26.4 No liability is accepted by the Landlord respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act neglect or breach of statutory duty by the Landlord.

27. Applicable law and jurisdiction

This Agreement shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.


Signed by


…………………………………………………..                                  ……………………………………………..

JOANNA HUDSON (Landlord)                                        [        ]   (Tenant)

Dated                                                                           Dated