BreeUp templates

Tenant Service Charge and Estate Rules Clause

Make every tenancy part of the estate's arrangements. A clause for the tenancy agreement and a one-page acknowledgement for the tenant, so everyone knows the rules, who pays the service charge and what happens on moving out.

[Estate name]: Tenant Service Charge and Estate Rules Clause

Part A is a clause for landlords to add to tenancy agreements for homes in [Estate name]. Part B is a one-page acknowledgement for each tenant to sign and keep. "The Landlord", "the Tenant" and "the Property" have the same meaning as in the tenancy agreement, and "the Association" means [Estate name] Residents' Association.

1. Part A, clause 1: Estate rules
1.1 The Tenant has received a copy of the Association's by-laws and agrees to follow them, and to make sure everyone living at or visiting the Property follows them too.
1.2 A serious or repeated breach of the by-laws, after written warning, is a breach of this tenancy. The Landlord may only recover possession of the Property through the courts, in line with the law.

2. Part A, clause 2: Service charge
2.1 [Choose one option and delete the other.]
2.2 Option 1, the Tenant pays the Association: the Tenant will pay the estate service charge for the Property, currently [₦ amount] per [period], directly into the Association's estate account, quoting the Property's payment reference, and keep the Association's receipts.
2.3 Option 2, the Landlord pays the Association: the rent includes [or: the Tenant will pay the Landlord, with the rent,] the estate service charge for the Property, currently [₦ amount] per [period]. The Landlord will pay it to the Association on time and give the Tenant a copy of the Association's receipt within [14] days of the Tenant asking.
2.4 If the Association changes the service charge at a general meeting, the new amount applies from the date the Association sets, after at least [30] days' written notice to the Tenant.
2.5 The Tenant may ask the Association at any time for a statement showing what has been paid for the Property.

3. Part A, clause 3: The Landlord's promises
3.1 The Landlord confirms that the service charge for the Property is paid up to the start of this tenancy, and will give the Tenant the Association's clearance or statement on request.
3.2 If the Landlord collects service charge from the Tenant but does not pay it to the Association, the Landlord will pay it, and any late fees, and will make good any loss the Tenant suffers as a result.

8 sections

Get the full Tenant Service Charge and Estate Rules Clause

Estate rules and by-laws made part of the tenancy
Two options: the tenant pays the estate, or the landlord pays
The landlord's promise that the service charge is paid up
Registration on moving in, clearance on moving out
A one-page tenant acknowledgement to sign and keep
Fill in your estate's details, then copy, download for Word or print

One-off payment. Your access code comes by email.

Questions

Who should use this?

Landlords letting a home in an estate. Add Part A to the tenancy agreement and have the tenant sign Part B when they move in.

Who pays the service charge, the tenant or the landlord?

Either. The clause has two options to choose from: the tenant pays the estate directly, or the landlord pays and collects it with the rent. Both say what happens when the charge changes.

What about when the tenant moves out?

The tenant settles what they owe up to the move-out date, gets clearance from the estate and returns access cards. The clause also says what happens to service charge paid in advance.

Is this legal advice?

No. It's a starting point written in plain English. Have a lawyer check it against your tenancy agreement and your state's law.

Owners and landlords sign the owner and landlord service charge agreement with the estate. If your landlord collected service charge but didn't pay it, read what tenants can do.

Receipts from the estate, every time

On BreeUp, every household gets its own bills and receipts from the estate, so a tenant can always see what's been paid.

Set up your estate