Mortgage Approval. Where the property to be let is subject to a mortgage, permission is required from the mortgagee to let or sublet the property. We require a copy of the lender’s permission for our records. Please note that applying for permission after a tenant has been found could prejudice the tenancy. If there are any additional clauses that the lender requires to be incorporated into the tenancy agreement, then you agree to inform us of these prior to the tenancy agreement being drawn up or you may incur an additional administration charge for amendments to be made. In particular, make sure you are allowed to accept non-housing act tenancies or housing benefit tenants (these are different to “council tenants”), or agreements for longer than 6 months, as some Mortgagees do not allow these. Legionella: Your Responsibility as a Landlord The legal duty for landlords who provide residential accommodation to consider, assess and control the risks of exposure to Legionella to their tenants is not new. This requirement stems from the Control of Substances Hazardous to Health Regulations 1989, section 3(2) of the Health and Safety at Work Xxx 0000, and makes provision for the legislation to apply to landlords of both business and domestic premises. All water systems require an assessment of the risk, which they can carry out themselves if they are competent or employ somebody who is. In most residential settings, a simple assessment may show the risks are low and no further action may be necessary. An example of a typical lower risk situation may be found in a small building (for example a housing unit) with small domestic-type water systems, where daily water usage is inevitable and sufficient to turn over the entire system; where cold water is directly from a wholesome mains supply (no stored water tanks); where hot water is fed from instantaneous heaters or low volume water heaters (supplying outlets at 50c); and where the only outlets are toilets and wash hand basins. If the assessment shows the risks are low and are being properly managed, no further action is needed, but it is important to document your findings and ensure a copy of your assessment is provided to your tenant and/or managing agent. You must review the assessment regularly in case anything changes in the system. Tenants should be advised of any control measures put in place which should be maintained. For example, not to adjust the temperature setting of the calorifier; to regularly clean shower heads; and...
Mortgage Approval. The terms and provisions of this Lease do NOT require approval by a Mortgagee, herein defined as any person who shall have been granted a mortgage interest or who is the beneficiary of a Deed of Trust encumbering all or any part of the Real Estate by Landlord or a successor or assign of Landlord. A “Proposed Mortgagee” is any person who shall have issued a binding written commitment to Landlord or a successor or assign of Landlord for the extending of credit or the further securing of credit to be secured by a mortgage interest in all or any part of the real estate on which the Premises are situated.
Mortgage Approval. Mortgage Approval from the Mortgagee together with the release by the Mortgagee of the Vendor from all liability under the Financing effective as of the Closing Date, as contemplated by Section 6.02.
