3b 208 april 08
(1) The Tenancy Agreement comes into force at 12 noon The Tenancy Agreement terminates
at 12 noon without a period of notice, on
date:.
The tenant may terminate the tenancy agreement by giving 2 months’ notice. The notice period will start on the date of the notice.
The notice must provide details of the tenant’s new address. The tenancy shall be terminated following a 2 months’ notice period from the date when the tenant
leaves his/her course, irrespective of the date specified in the first part of this clause. The tenant has a duty to report his/her discontinuation of a course to SiB. If
the tenant fails to move out on his/her own accord, SiB has a duty to give him/her notice to quit in accordance with the provisions set out in s. 9-6 of the Norwegian
Residential Tenancy Act. Rent will be charged up to and including the date on which the keys to the property have been received by SiB.
The Tenancy Agreement must be accepted, signed and returned to SiB by the acceptance deadline. The date of the postage
stamp shall determine the date of submission. The Tenant must pay the deposit due by the same deadline, cf. § 6 below.
If the Tenant fails to honour the acceptance deadline, SiB shall be entitled to let the premises to others. The agreement is binding
if it has been signed and returned, even if no deposit has been paid. Special rules apply for changing accommodation units, see § 7.
§4. Cancellation of the Tenancy Agreement
(1) If the Tenant has yet to take up residence at the allocated premises 3 weeks
after the tenancy commenced (j.fr § 2), SiB shall be entitled to cancel the
tenancy agreement with immediate effect, unless the parties have entered
into a written agreement which indicates otherwise. SiB is entitled to deduct
any outstanding rent from the deposit to be reclaimed.
§5. Rent
(1) The Tenant is obliged to pay the current rent at all times.
(2) The rent is payable no later than on the 15th day of every month. If the due
date is on a Saturday or Sunday, on a national religious holiday, or on 1st or
17th May, the due date is deferred to the first succeeding workday. The Tenant
is responsible for paying the rent from the date the lease agreement comes
into force (c.f § 2.), even if the Tenant should move into the premises on a
different date.
(3) The rent does not include electricity and heating, unless otherwise agreed.
(4) In addition to the rent, the Tenant must pay his/her share of the electricity and
heating costs, as well as costs incurred through using phone and laundry.
These costs will be invoiced with the rent.
(5) The Tenant is liable for paying rent for the duration of the tenancy period,
cf. § 2, even if the premises are vacated at an earlier date. If the tenancy
agreement is terminated or cancelled by SiB, the tenant is liable for payment
of rent until a replacement tenancy agreement comes into force for the
relevant premises.
(6) SiB may defer their claim for payment in special cases. There is a special
application form for this purpose.
(7) The rent is set annually on 1 August based on the Consumer Price Index. The
rent may also be adjusted in accordance with chapter 4 of the Residential
Tenancy Act.
§6. Deposit payable
(1) The Tenant shall pay a deposit in accordance with the Residential Tenancy
Act as security for unpaid rent, damage to the property, expenses accruing
from default and any other claims arising from the tenancy agreement. The
deposit amount is stated on the attached paying-in slip. Any interest earned
on the deposit will be payable to SiB.
(2) When the tenancy agreement expires, the deposit shall be paid back in
accordance the provisions of s. 3-5 of the Norwegian Residential Tenancy Act.
Should SiB demand that all or some of the deposit be retained, this demand
must be put forward no later than one month after the tenancy terminated
under § 2, or in accordance with notice given by SiB or SiB’s termination of
the tenancy agreement.
§7. Changing Accommodation
(1) Should the Tenant wish to change his/her accommodation, an application
must be submitted to the Student Accommodation Department. A handling
fee will be charged if a replacement offer is given. There is a separate
application for this purpose, and special rules apply.
(2) A replacement offer must be accepted within 7 days of its issue.
(3) Rent will be charged for both premises for any period during which they are
both available to the tenant.
§8. Handing over the premises – moving in
(1) SiB shall make the premises available to the Tenant at the agreed time, in a
clean and tidy condition, cf. s. 2-2 of the Residential Tenancy Act. The resident
tenants are responsible for the cleaning of the communal kitchens and
bathrooms. SiB can therefore not vouch for the cleanliness of these rooms at
the start of the tenancy.
(2) If the Tenancy Agreement comes into force on a Saturday or Sunday or on a
national holiday, the Tenant will be unable to move in until the first succeeding
workday. Tenants cannot move in between 24 December and 01 January
inclusive, nor during the week before Easter Sunday.
(3) Any complaint that the state of the premises at the start of the tenancy did
not comply with the legal and contractual requirements must be made to
Studentboligene within five days of moving in at www.sib.no/skademelding.
In making a complaint the Tenant grants access to the property to SiB, or
to a person or organisation appointed by the SiB, until the damage has
been rectified. Details must be given of the issues that need to be rectified,
otherwise they will be deemed to have been accepted by the Tenant. The latter
does not apply if SiB has acted with gross negligence or in breach of honesty
or good faith.
§2. Tenancy Period
§3. The Tenant’s acceptance of the Tenancy Agreement
date:
The Student Welfare Organization in Bergen
www.sib.no
Student Housing Estate:
The premises shall cover the Tenant’s accommodation requirements while he/she is under education. (c.f. s. 11.2 of the Norwegian Residential Tenancy Act.)
(2) The Student Welfare Organization in Bergen – hereinafter referred to as SiB – is entitled to instruct the tenant to move to other appropriate premises run by SiB.
The Tenant shall pay rent at the current rate for the relevant type of accommodation.
(3) By signing this agreement, the Tenant accepts the provisions set out in «Residential Regulations for Student Accommodation» and «Allocation Rules for Student
Accommodation». The Tenant must familiarise himself/herself with the relevant fire instructions. The two documents and the fire instructions can be accessed at
www.sib.no/bolig.
Tenancy Agreement
To be returned to: Studentboligene, Fantoftveien 14 N, 5075 Bergen. Tel.: 55 54 50 00. Telefax: 55 27 60 30.
In case of doubt or dispute this English translation is subordinate to the original Norwegian issue.
Please sign overleaf. Remember to pay the deposit.
§1. This tenancy agreement is entered into by
(1) the Student Welfare Organization in Bergen as the Landlord, and the Tenant:
Building no.:
for the tenancy of:
Customer no:
Floor: Price per month - excl. electricity:
Section:
Unit no.:
Tenancy Agreement issue date:
Acceptance deadline:
§9. The Landlord’s duties during the Tenancy Period
(1) SiB shall ensure that the premises are available to the Tenant throughout
the Tenancy Period and that the premises are kept in good repair. SiB is
responsible for the maintenance of the premises.
(2) SiB has the right and duty to inspect at regular intervals the cleanliness of
the communal kitchens and bathrooms. If the tenants have failed to meet
requests for improved cleaning of the communal kitchen/bathrooms SiB may
undertake to have the rooms professionally cleaned. Any cost arising from
such cleaning shall be charged to the tenants.
(3) SiB shall ensure that any yards, basements, stairways, corridors and attics
are appropriately lit and that any outside lighting is in working order. SiB shall
organise and oversee the cleaning of communal areas.
(4) SiB – or a person or organisation nominated by SiB – shall ensure that the
tenancy agreement and property regulations are complied with.
§10. The Tenant’s Duties during the Tenancy Period
(1) The Tenant shall treat the premises and SiB’s other property with due care.
(2) The Tenant has joint responsibility for the cleaning of communal kitchens and
bathrooms. If the tenants have failed to meet requests for improved cleaning
of the communal kitchen/bathrooms SiB may undertake to have the rooms
professionally cleaned. Any cost arising from such cleaning shall be charged
to the tenants cf. § 9 (2).
(3) The Tenant shall never act in a way which gives other tenants cause to feel
threatened. The Tenant shall show due consideration towards other residents
by respecting their right to sleep and work undisturbed etc. Chapter 2 of
the property regulations sets out particular rules on peace and order. Any
breaches of these regulations entitle SiB to terminate the tenancy cf. 13(5)
(4) The Tenant shall comply with the current residential regulations at all times,
and with the associated rules adopted by the Students Committee at the
relevant Student Housing Estate.
(5) The premises must never be used for any purpose other than accommodation
without the permission of SiB.
(6) When circumstances dictate a need for inspection, maintenance work, repairs
and refurbishment, the Tenant shall accept that SiB, or someone authorised
by SiB, gain access to the premises. The residential regulations may provide
further details in this respect.
(7) The Tenant shall immediately report any damage, including vermin, that
requires attention to the Landlord via www.sib.no/skademelding. If the Tenant
fails to submit such a report, he/she shall lose his/her right to compensation
and waive his/her right to claim a price reduction under s. 14 (5) of the
Agreement.
(8) The Tenant shall never remove cookers, heaters, refrigerators, furniture etc.
from the premises without SiB’s permission, nor shall he undertake any paint
work or decorating. Moreover, aerials must never be installed without SiB’s
prior approval.
§11. The Tenant’s Liability for Compensation
(1) The Tenant shall pay compensation for all damage to SiB’s property, whether
caused by the Tenant or members of his household, a sub tenant or any other
person to whom the Tenant has granted access to the premises or any other
part of SiB’s property.
(2) The Tenant is not liable for damage and deficiencies caused by ordinary wear
and tear.
§12. Sub-letting
(1) Sub-letting parts of the premises and the inclusion of further household
members is not permitted without the written prior permission of SiB. There
is a special application form for this purpose. Any sub-lets will be subject to a
processing fee.
(2) The sub tenant must fulfil the same tenancy requirements as other tenants.
(3) Sub tenants cannot be asked or agree to pay a higher rent than what is payable
by the Tenant to SiB.
(4) The Tenant is responsible for ensuring that the rent is paid on time throughout
the subletting period.
§13. The Tenant’s Breach of Contract
(1) If the rent or any agreed additional charges have not been paid within 14
days of a written reminder having been issued on or after the due date, the
Tenant accepts that he/she may be evicted without trial under s. 13-2(3)(a)
of the Norwegian Debt Enforcement Act, cf. s. 4-8. The Tenant cannot bring
a counter claim against SiB unless this claim has been accepted or made
legally binding through verdict or settlement.
(2) The Tenant also accepts that debt enforcement proceedings without trial may
be initiated once the Tenancy Period has expired, and if the tenancy has been
cancelled or terminated under the rules of s. 13-2(3)(b – d).
(3) If the premises are not made available to SiB on the date the Tenancy
Agreement expires, SiB will be entitled to claim payment of rent at the agreed
rate until the Tenant vacates the premises, with the possible addition of
compensation if the conditions set out in s. 10-3 (3) or (4) or (7) are fulfilled.
(4) The Tenant is liable for all costs incurred through the eviction and clearance
process.
(5) If the Tenant knowingly gives false information in his/her application for
student accommodation, SiB is entitled to terminate the agreement. SiB
may also terminate the agreement if the Tenant is in breach of the Tenancy
Agreement, the Residential Regulations, or any other rule adopted by a
general meeting of residents or the Students Committee subject to the
provisions of the Residential Regulations. In such case, SiB may opt to give
the Tenant 1 week’s notice instead.
(6) If a payment is made after the due date, the Tenant is obliged to pay penalty
interest in accordance with the Norwegian Act on Penalty Interest etc of
17.12.1976 no. 100. The Tenant is also obliged to compensate SiB for their
expenses in connection with enforcing the payment, inclusive of a charge for
issuing a debt collection demand.
§14. The Tenant’s Breach of Contract
(1) A Tenant who in accordance with s. 3 of the Tenancy Agreement has
accepted the Tenancy Agreement with SiB, but who on the first day of the
tenancy period has yet to receive a permanent or temporary accommodation
allocation, is entitled to submit his/her claim to SiB for similar alternative
accommodation or budget hotel or guesthouse accommodation.
(2) SiB shall rectify without undue delay any deficiency or defect identified by the
Tenant at the start of the tenancy or at a later date.
(3) If the deficiency is caused by ongoing maintenance work, or if there is another
good reason for the deficiency, SiB may remedy the deficiency on a temporary
basis, even if this results in a poorer but acceptable solution for the Tenant
than his/her contractual entitlement.
(4) If SiB fails to meet the Tenant’s request for improvements, or if the deficiency
cannot be remedied or repaired as mentioned above, the Tenant is entitled
to terminate the Agreement, unless the deficiency must be considered
insignificant.
(5) The Tenant may claim proportionate compensation or rent reduction for
any period during which the accommodation suffers from deficiencies
which cannot be considered insignificant and which have been reported
to the landlord. If the Tenant’s demand for compensation or rent
reduction is rejected the Tenant may appeal to the Accommodation
Committee (Boligutvalget). The appeal should be addressed to the Student
Accommodation Department no later than 6 – six – days after the Tenant has
received the refusal.
§15. Vacating the premises
(1) When the tenancy period expires, the Tenant shall clean the accommodation
premises and hand them back to SiB, with all fixtures and fittings, in the
condition they were when the Tenant moved in, with due allowance made for
ordinary wear and tear and defects.
(2) On the day of moving out, the Tenant shall vacate the premises and hand in
the keys to SiB before 12.00 noon. If the keys are handed in after this time, the
Tenant will be charged rent until such time as the keys have been handed in.
(3) The Tenant is liable for damages if on vacating the premises, defects and/or
deficiencies are found which
a) the Tenant failed to report at the start of the tenancy, or which the Tenant
subsequently failed to report as stipulated under § 10 (7), and
b) the Tenant cannot document to be excluded from his/her liability under § 11
(1), and
c) have not been caused by ordinary wear and tear.
(4) The Tenant shall contact SiB or the person or organisation nominated by SiB
well in advance, and no later than two days prior to moving out, in order to
agree a time for inspection. If SiB or its representative find the property to be
in an unsatisfactory condition with regards to cleaning or tidying the Tenant
will have the opportunity to rectify any discrepancies.
(5) Deficiencies which the Tenant has failed to remedy may be remedied by SiB
at the Tenant’s expense. SiB shall submit their charge for any such repairs no
later than one month after the Tenant moved out.
(6) When the Tenant vacates the premises, he/she has a duty to remove all
personal property. If items assumed to be property of the Tenant or a member
of his/her household are found on the premises after the Tenant has moved
out, SiB shall retain such items at the Tenant’s expense. However, items
which are considered rubbish may nevertheless be thrown away immediately.
If the duty of care entails work, SiB is entitled to claim payment for this.
Please also refer to s. 10-3(2) of the Norwegian Residential Tenancy Act.
§16. Legal venue
(1) The parties accept the property’s jurisdiction as legal venue in all and any
disputes arising from the tenancy.
§17. Relationship with the Residential Tenancy Act
This Agreement covers the letting of residential premises to people with a
temporary special need for accommodation, cf. s. 11-2 of the Norwegian
Residential Tenancy Act.
The provisions of s. 11-2 of the Norwegian Residential Tenancy Act accord
fewer rights to the Tenant than if he/she was renting any other type of
accommodation. Provided no further agreement has been made, the
Residential Tenancy Act of 26 March 1999 no. 17 will apply for the tenancy.
The undersigned Landlord is familiar with and accepts all the provisions set
out in this Agreement, which has been made out in duplicate, one copy to be
retained by the Tenant and one copy to be retained by the Landlord.
The Tenant’s signature:
For the Landlord: Director of Student Accommodation,
The Student Welfare Organization in Bergen
1 copy to be signed and returned to the Student Accommodation Department
1 copy to be retained by the Tenant
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