Lipachlairy North & South, Kilnaughton, The Oa, Isle of Islay
Agreement for Holiday Letting
This Agreement is a Holiday Let solely for the purpose of the Tenant’s holiday. This tenancy is accordingly NOT an assured tenancy.
The Tenant will:
Pay the Rent at the times and in the manner aforesaid without any deduction abatement or set-off whatsoever
Keep the interior of the Property in a good, clean and tenantable state and condition and not damage or injure the Property or any part of it
Yield up the Property at the end of the Term in the same clean state and condition it was at the beginning of the Term reasonable wear and tear and damage by insured risks excepted
Maintain at the Property and keep in a good and clean condition all of the content of the Property as listed in the Inventory, if any and to replace or cleanse any item(s) which become broken or damaged during the Term
Not to make any alteration or addition to the Property nor do any redecoration or painting of the Property
Not to do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to the Landlord or owners or occupiers of adjoining or nearby premises or which may in any way prejudice the insurance of the Property or cause an increase in the premium payable therefor
Not without the Landlords’ prior consent allow or keep any pet or any kind of animal at the Property
Not use or occupy the Property in any way whatsoever other than as a private holiday residence
Not assign, sublet, charge or part with or share possession or occupation of the Property
Permit the Landlord or anyone authorised by the Landlord at reasonable hours and upon reasonable notice (except in an emergency) to enter and view the Property for any proper purpose (including the checking of compliance with the Tenants’ obligations under this agreement and during the last month of the Term the showing of the Property to prospective new tenants)
Pay interest at the rate of 4% above the Base Lending Rate for the time being of the Landlords’ bankers upon any rent or other money due from the Tenant under this Agreement which is more than 3 days in arrear in respect of the period from when it became due to the date of payment
Subject to the Tenant paying the rent and performing his/her obligations under this Agreement the Tenant may peaceably hold and enjoy the Property during the Term without interruption from the landlord or any person rightfully claiming under or in trust for the Landlord
The Landlord will ensure the Property and the contents fo the Property which belong to the landlord, as listed on the Inventory if any
In the event of the Rent being unpaid for more than 10 days after it is due (whether demanded or not) or there being a breach of any other of the Tenants obligations under this Agreement then the Landlord may re-enter the Property and this Letting Agreement shall thereupon determine absolutely but without prejudice to any of the Landlord’s other rights and remedies in respect of any outstanding obligations of the tenant
The Deposit has been paid by the tenant and is held by the Landlord to secure compliance with the Tenants obligations under this Agreement (without prejudice to the Landlord’s other rights and remedies) and if, at any time during the Term, the Landlord is obliged to draw upon it to satisfy any outstanding breaches of such obligations then the Tenant shall forthwith make such additional payment as is necessary to restore the full amount of the Deposit held by the Landlord. As soon as the reasonably practicable following termination of this Agreement the Landlord shall return to the Tenant the Deposit or the balance thereof after any deductions properly made without interest
The landlord hereby notifies the Tenant that any notices (including notices in proceedings) should be served upon the Landlord at the address stated with the name of the Landlord overleaf
In the event of damage to or destruction of the Property by any of the risks insured by the Landlord the Tenant shall be relieved from payment of the Rent to the extent that the Tenants’ use and enjoyment of the Property is thereby prevented and from performance of his obligations as to the state and condition of the Property to the extent of and so long as there prevails such damage or destruction (except to the extent that the insurance is prejudiced by any act or default of the Tenant
Where the context so admits:
The “Landlord” includes the persons for the time being the Owners of the Property
The “Tenant” includes any persons permitted to derive title from the Tenant
The “Property” includes all of the Landlords’ fixtures and fittings at or upon the Property
The “Term” shall mean the period stated in the particulars overleaf or any shorter or longer period in the event of an earlier termination or an extension of holding over respectively
All references to the singular shall include the plural and vice versa and any obligations or liabilities or more than one person shall be joint and several and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation
CLARIFICATION OF TERMS
OCCUPANCY – Lipachlairy is let for the number of people stated on the Booking Form and must not exceed the capacity of bed spaces indicated on the website. Prior consent must be given to any alteration in numbers. Lipachlairy is not to be used for any outside social events/functions of over 10 persons, not let by individuals under 25 years of age
DAMAGES – Lipachlairy must be left clean, tidy and undamaged. Any breakages, damage or losses incurred are the responsibility of the Tenants and will be charged accordingly following departure
REFUNDABLE BREAKAGES DEPOSIT – A deposit of £150 is required at the time of your balance payment. This will be refunded after departure if the cottage is left in a reasonable condition with no damage or breakages
PAYMENT – An initial deposit, as indicated on our availability calendar, must be received to secure booking. At this time guests are advised to make their travel arrangements, The balance payment along with the refundable breakages deposit is due 6 weeks before entry to Lipachlairy
CANCELLATION – If this occurs more than 30 days before arrival you will lose your initial booking deposit. Within 30 days of arrival, you are liable for the full rental charge but your deposit will be returned if Lipachlairy can be re-let. You are advised to take out holiday cancellation insurance
UNFORESEEN CIRCUMSTANCES occurring at Lipachlairy previous to your stay which may result in your holiday being cancelled are not the responsibility of the Owners. In this event, a full refund will be given
ACCIDENTS – We accept no responsibility whatsoever for any injury or damage sustained to any person or their property whilst staying at Lipachlairy
PETS – We do not accept any animals
RENTAL PERIOD – Is from Saturday to Saturday
ENTRY/EXIT TIMES – The Property is available from 15.30 on the day of entry and must be vacated by 10.30 on the following Saturday
ELECTRICITY, LINENS & TOWELS – These are provided in the rental price but visitors must bring their own beach towels
This Agreement will be governed by and construed in accordance with the Law of Scotland and the parties submit to the jurisdiction of the Scottish Courts
