Long-term Rental Agreement Addendum for Resident Hosting
These are the terms and conditions (the “agreement”) on which you (the “Resident”) agree to amend the long-term rental contract provided by your Landlord and/or managing estate agent/company operating on their behalf (the “Landlord”).
If you wish to use the Services, please click the “I Accept” button in the Lavanda App to acknowledge acceptance of the terms set out in this agreement. The Landlord and the Resident will then be deemed to have accepted the terms of this agreement on the Effective Date.
If the Resident does not accept the terms set out in this agreement, the Resident may not use the Services.
1. INTERPRETATION
The following definitions and rules of interpretation apply in this Letter:
1.1 Definitions:
1.1.1 “App”: the Home software application, accessible on a web browser on a mobile or desktop device
1.1.2 “Lavanda”: a company incorporated and registered in England and Wales with company number 09059982 and whose registered office is at The Record Hall Business Centre, 16-16a Baldwin’s Gardens, London EC1N 7RJ.
1.1.3 “Lease”: the current Lease that You hold between You and the Management Company or Landlord
1.1.4 “Licences”: licences to Guests of the Property, and the expression “Licensing” shall be construed accordingly;
1.1.5 “Guest(s)”: means a person or persons staying in the Property on a Short Term Basis;
1.1.6 “Property”: the home of the Tenant, under the terms of your assured shorthold tenancy (AST);
1.1.7 “Short Term Basis”: a Licence for a period of between 2 and 89 nights
1.1.8 “You”: The Tenant, which expression does not include successors in title;
1.1.9 “Us”, “Our”: The Landlord or The Management Company on behalf of the Landlord
1.1.10 “working days”: means any day other than Saturdays Sundays and bank and public holidays
1.2 Clause headings shall not affect the interpretation of this Letter.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.6 Unless expressly provided otherwise, the obligations and liabilities of You under this letter are joint and several.
1.7 Unless the context otherwise requires, a reference to the Property is to the whole and any part of it
2. PERMISSION TO SHARE OCCUPATION
2.1 Notwithstanding the terms of your Lease and in consideration of you accepting the software license and hosting terms, we agree to permit you to grant Licences subject to the following terms and conditions:
2.1.1 You agree to accept the terms of the SaaS agreement with Lavanda and the Terms and Conditions for Resident Hosting;
2.1.2 You will use all reasonable endeavours to ensure that Licensees occupy the Property in accordance with the Licence and that no relationship of landlord and tenant is created between You and the Licensee;
2.1.3 You must retain control and possession of the Property, including retaining the keys and exercising the right to enter the Property at any time;
2.1.4 The total number of days of Licensing shall not exceed in aggregate 90 days in each calendar year;
2.1.5 The total number of occupiers at any one time under a Licence shall not exceed more than 2 people per bed in the Property, unless allowed by the Lavanda software platform;
2.1.6 Such Licensing shall cease:
2.1.6.1 if a complaint is received by Us \\[or the Management Company] from another tenant in the building comprising the Property about your Licensing the Property and we request in writing or via the Lavanda software platform that you cease the Licensing, such complaint being reasonable in Our sole discretion or that of the Management Company; or
2.1.6.2 if You are in breach of the terms of this Letter and we request in writing or via the Lavanda software platform that you cease the Licensing;
2.1.6.3 if requested to do so by Us or the Management Company on 60 days written notice to that effect, which we or the Management Company may do in our absolute discretion at any time and, for the avoidance of doubt, no compensation shall be payable to you in respect of any lost income.
3. EFFECT OF THIS AGREEMENT
3.1 This agreement does not constitute a variation of the terms of the Lease.
3.2 This concession is personal to You.
3.3 This agreement shall not bind Our successors in title to the reversion to the Lease.
3.4 You agree to keep the terms of this letter confidential between us except and to the extent only that disclosure may be required by law and/or any Court.
This agreement has been entered into on the date you accepted the terms in the Lavanda App.