Accommodation Licence 2020 - 21 Terms and Conditions

Before accepting your Offer of Accommodation you are advised to read the following Terms and Conditions as they form part of the legally binding Licence Agreement you are being asked to accept.

Overview of the Licence Agreement 

This overview provides some of the key terms that apply to the Licence Agreement.

The terms of the Licence Agreement comprise: 

  1. the Terms and Conditions laid out in this document;
  2. the Offer of Accommodation; and
  3. the Codes  

For guidance on the meaning of these terms please refer to the definitions section below.

Together, these documents set out your rights and responsibilities and our rights and responsibilities. If you are unable to access any of the documents referred to or if you do not understand any of the terms set out within them, please contact studentliving-housingteam@derby.ac.uk before accepting the Offer of Accommodation.  Once you accept the Offer of Accommodation, you will be legally bound by the Licence Agreement.

The parties to the Licence Agreement are (1) you and (2) Derbyshire Student Residences Limited.  Derbyshire Student Residences Limited is [a wholly owned subsidiary of the University of Derby]

Dual Studio Flats only

References in this Licence Agreement to “You” are to both of the individuals named as the resident, as described on the signature page of the Offer of Accommodation.  Please read and ensure that you have understood the following important information before you accept the Offer of Accommodation:

  1. This Licence Agreement will only come into effect when both of you have accepted the Offer of Accommodation.
  2. You are both jointly and severally liable under this Licence Agreement.  This means that:

(a) you will each be responsible, both together and individually, for performing all of your obligations under this Licence Agreement;

(b) in the event of a breach of your obligations under this Licence Agreement we may enforce this Licence Agreement against either or both of you, irrespective of which of you has caused the breach;

(c) this could mean that one of you becomes responsible for breaches arising from the other person’s actions or inactions.  For example, where a payment of the Residence Fee is not made on the date it falls due, we may require either or both of you to pay the full amount.  This may result in one of you being required to pay 100% of the Residence Fee due;

(d) Where your breach of this Licence Agreement entitles us as Licensor to terminate this Licence Agreement under clause 6.3, we may do so irrespective of whether one or both of you has caused the breach and, for the avoidance of doubt, upon termination of this Licence Agreement you will both be required to vacate the Residence;

(e) The only exception to this rule is when exercising the Licensor’s right to temporarily suspend you from the Residence under clause 6.2 of this Licence Agreement.  In this case, we will only suspend the individual or individuals to whom the grounds set out in clause 6.2.2 apply.]

The Licence Agreement does not, and is not intended to, create a tenancy.  You will occupy the Room as a fixed-term licensee and will not have exclusive possession of the Room. This means, in particular, that:

If and to the extent that this Licence Agreement were to be construed as a tenancy it is exempt from being an assured tenancy by virtue of paragraph 8 of Schedule 1 to the Housing Act 1988 (as amended). 

We can make changes to these Terms and Conditions as described in clause 11.

If there is anything you wish to discuss (eg. a disability, allergy or other special requirement) please contact the Accommodation Office at Studentliving-housingteam@derby.ac.uk before you accept the Offer of Accommodation. 

If there is anything you do not understand in the Licence Agreement, we recommend that you seek independent legal advice before you accept the Offer of Accommodation. 

In accepting the Offer of Accommodation you agree to comply fully with the terms of the Licence Agreement, including these Terms and Conditions, which includes paying the Deposit and Residence Fee for the full Duration.    

Keys to the Room will only be issued to you after you have accepted the Offer of Accommodation.

The Licence Agreement

The Licence Agreement will take effect from the date you accept the Offer of Accommodation. This Agreement is made between the Licensor and you, the resident, as described on the signature page of the Offer of Accommodation

1.1) The following words have the following meanings:-

“Cash Allocation Rules” the rules issued by the University, as outlined under clause 3.6 below

“Customer Services Manager” contact via Studentliving-housingteam@derby.ac.uk                            

“Codes” the DSRL Code and the University Code;

“Deposit” the payment of £50 that you will make to the Licensor at the time you apply for your accommodation.

“DSRL Code” the Derbyshire Student Residences Limited (DSRL) Code of Conduct, a copy of which can be viewed via your official offer letter.it is advisable to read these before entering into the Licence Agreement.

“Duration” the period of your occupation of the Room starting and ending on the dates stated in the Offer of Accommodation.

“Flat” the self-contained area within the Residence comprising the Room together with other student bedrooms, shower rooms, WC, kitchen and communal areas.

“Hall Manager” the person from time to time responsible for managing the Residence for Derbyshire Student Residences Limited and who can be contacted at the manager’s office located at the Residence.

“Instalment” an Instalment of the Residence Fee payable in accordance with clause 3.2

“Instalment Dates” the Instalment dates specified in the Offer of Accommodation and “Instalment Date” means any one of such dates. The Licensor will aim to align the Instalment Dates with the payment dates specified in connection with your student loan payments and, by way of example, the Instalment Dates will usually be around 10 working days after the relevant student loan payment date.  Full details of the total amount payable by you will be as detailed in your Offer of Accommodation.

“Inventory” means the list of Room Items which will be [provided to you upon arrival at the Residence].

“Licence Agreement” means the terms and conditions laid out in these Licence Agreement Terms and Conditions, the Offer of Accommodation and the Codes.

“Licensor” Derbyshire Student Residences Limited of DRSL House, 126 Nuns Street, Derby DE1 3LQ, also referred to as “us” and “we” Derbyshire Student Residences Limited is [a wholly-owned subsidiary of the University of Derby].

“Offer of Accommodation” the document forming part of this Licence Agreement containing the specific details of the Licensor’s offer of a Room to you, the Duration, Deposit and the Residence Fee.

“Operations Manager” the person with direct line management responsibility for the Hall Manager and who can be contacted at Studentliving-housingteam@derby.ac.uk

“Residence” the halls of residence specified in the Offer of Accommodation or such alternative residence that you are allocated under the terms of the Licence Agreement.

“Residence Fee” the residence fee specified in the Offer of Accommodation payable by you in the way described in clause 3, less the Deposit.

“Room” the room specified in the Offer of Accommodation or such alternative room that you are allocated under the terms of the Licence Agreement.

“Room Items” the items of furniture fittings and equipment within the Room provided for use by you as occupier of the Room.

“Shared Areas” all areas of the Residence and Flats which are provided by the Licensor for shared use by the occupiers of the Residence.

“Shared Items” the items of furniture fittings and equipment within the Shared Areas provided for use by all occupiers of the Residence.

“Suitable Replacement Person” is a person who is eligible to replace you as an occupant of the Room in the event that the Licence Agreement is terminated before the end of the Duration.  A person will only be eligible if they are a Derby University student and they are not currently living in University or Derbyshire Student Residences Limited owned or managed accommodation. Eligibility will be determined by the Licensor acting reasonably.  For example, a male student will not be eligible to move into a Room in accommodation that has been allocated to females only.  Please contact the Customer Services Manager if you have any questions about who will be a Suitable Replacement Person.

“UDO System” means the online payment facility operated by the University, and which is made available at www.derby.ac.uk/services/finance/students/online-payments/

“University” University of Derby.

“University Code” the University’s rules and regulations which will form part of your contract for study with the University, being:

https://www.derby.ac.uk/study/support/welcome/enrolment/terms-and-conditions/

If you are unable to access the links above, please contact Studentliving-housingteam@derby.ac.uk before accepting the Offer of Accommodation and we will send you a copy of the Code so that you can read these before entering into the Licence Agreement.

“You” you, the resident named in the Offer of Accommodation.

“Last Date of Attendance” means the last date on which you are recorded as having student status at the University by reference to the “Effective Date” shown within the Peoplesoft Computer Administration System or such other system as the University uses from time to time.

“Term 1” has the meaning given to it in your Offer of Accommodation and references to the last day of Term 1 are to the last day of Term 1 as shown in your Offer of Accommodation;

“Term 2” has the meaning given to it in your Offer of Accommodation and references to the last day of Term 2 are to the last day of Term 2 as shown in your Offer of Accommodation;

“Term 3” has the meaning given to it in your Offer of Accommodation and references to the last day of Term 3 are to the last day of Term 3 as shown in your Offer of Accommodation;

“Term 4” (where applicable) has the meaning given to it in your Offer of Accommodation and references to the last day of Term 4 are to the last day of Term 4 as shown in your Offer of Accommodation;

1.3) You will be responsible for ensuring that each of your visitors to the Residence also complies with the obligations set out in the Licence Agreement.  If your visitor breaches these obligations, we may exercise our rights and take the actions outlined in clause 6 against you.

1.4) Any reference to the Residence includes a reference to the Room and the Flat (as appropriate).

1.5) Any termination of the Licence Agreement will not affect any pre-existing claims of either party against the other under the Licence Agreement.

1.6) The headings and punctuation used in these Terms and Conditions are for convenience only and will not be considered when interpreting the Licence Agreement.

1.7) Variations to the Licence Agreement can only be made as described in clause 11 in writing and must be signed by you and an authorised officer of Derbyshire Student Residences Limited or its agent.

1.8) During the Duration, we may transfer our responsibilities and/or obligations under the Licence Agreement to an approved contractor and will communicate any such change to you.

1.9) Any notice under the Licence Agreement:

  • 1.9.1) Must be in writing and must be delivered personally or sent by pre-paid first-class post or special delivery or recorded delivery to the recipient at the following address:
  • 1.9.1.1) Notices to us – Derbyshire Student Residences Limited at Deputy Director of Operations, DSRL House 126 Nuns Street, Derby DE1 3LQ or such other address as shall be notified to you; and
  • 1.9.1.2) Notices to you – the Room and also the current alternative contact address which you must provide to us and update as necessary from time to time

1.9.2) is deemed to have been duly received:

  • 1.9.3) If delivered personally, when left at the relevant address under clause 1.9.1; or
  • 1.9.4) If sent by pre-paid first-class post or special delivery or recorded delivery, at 12pm two working days after posting.

1.9.5) Cannot be validly given if sent by e-mail.

2.1) If the Licensor decides to grant you a right to occupy the Room, you will be sent an Offer of Accommodation setting out details of your Room together with details of the Duration, the applicable Residence Fee and Instalment Dates.  At this time you will also be sent a copy of this Agreement for your review.

2.2) If you wish to accept the Offer of Accommodation, please submit your acceptance within the time-limit set out in the Offer of Accommodation and using the online portal, a link to which is set out in the Offer of Accommodation. 

2.3) Please note that the Licensor may retain up to 100% of the Deposit if you do not take up residence of the Room by the relevant start date specified in your Offer of Accommodation other than by reason of you not achieving your necessary grades to join the University.  If you do take up residence at the Room, the Deposit will be deducted from the outstanding balance of the Residence Fee.  The provisions of clause 7 shall apply separately if you decide to terminate this Licence Agreement after you take up residence of the Room.  Our contract (the Licence Agreement) will come into effect once you have accepted the Offer of Accommodation and paid the Deposit and not before.  

2.4) If you accept the Offer of Accommodation as referred to above you will be provided with confirmation that the Licence Agreement has been entered into and a copy of your Licence Agreement before you move into your Room, which will include a copy of the Offer of Accommodation and these Terms and Conditions.

2.5) The Licensor grants you the right to occupy the Room and use the Room Items for the Duration together with the right (along with others living in the Flat and the Residence) to use the Shared Areas and Shared Items and in an emergency to use any fire escape within the Residence all in accordance with terms of the Licence Agreement.

2.6) You will be provided with an Inventory upon arrival at the Residence.  You must check the Inventory and note any discrepancies, damage or missing items and report them to the Hall Manager within [48 hours] of the day on which the Inventory is issued to you.  Failure to do so may result in you being charged for any damage or missing items at the end of the Duration unless you are able to prove that they were not caused by you or your visitors. 

2.7) We may relocate you to alternative accommodation in the circumstances described in clause 11 in which case the Licence Agreement will continue in relation to such alternative accommodation, although it is possible that the Residence Fee may increase or decrease as a result of such relocation (see clause 11 for more details). 

2.8) The terms of the Licence Agreement comprise:

  • 2.8.1) The Terms and Conditions laid out in this document;
  • 2.8.2) The Offer of Accommodation; and
  • 2.8.3) The Codes

Payment of Residence Fee

3.1) In exchange for the right given to you under clause 2.4 above, you agree to pay the Licensor the Residence Fee.   As described above, where you have paid the Deposit, the value of the Deposit will be deducted from the Residence Fee balance outstanding once you take up residence at the Room.

3.2) The Residence Fee will be collected by the University on our behalf by one of the following methods:-

  • 3.2.1.1) In the case of instalments only-by recurring card payment;
  • 3.2.1.2) By bank transfer;
  • 3.2.1.3) In person at the University Cashiers Office at Kedleston Road Campus, Derby; or
  • 3.2.1.4) Through the University payment portal

The University Finance Team will notify you of the preferred methods of payment when sending out the rent statements and you will be directed to a web portal where either immediate payments or recurring card payments can be set up.

Instalments

3.2.2) You are entitled to pay the Residence fee by way of Instalments on the Instalment Dates in the amounts shown in the payment confirmation form sent to you following your acceptance of the Offer of Accommodation

or

Payment in Full

3.2.3) You may elect to pay the whole of the Residence Fee for the entire Duration in one lump sum, and such lump sum will be payable prior to the Instalment Date for Term 1 (as shown on the Offer of Accommodation).

3.2.4) You may be required to pay the Residence Fee in one lump sum if the [recurring card payment form] referred to in clause 3.2.1 above is not submitted to the University prior to the first day of the Duration.

3.3) You must make sure, when submitting any payment under this Agreement, that you make it clear that the payment relates to “accommodation costs”.

3.4) The best way to ensure that your payments are allocated correctly, is to use the UDO System. The UDO System will have a record of any outstanding balances that you have in connection with your studies at the University, including both academic and accommodation fees. The UDO System allows you to tick the appropriate box to indicate to which of your outstanding balances your payment relates e.g. accommodation costs or academic fees.

3.5) The University may allocate unidentified payments received from or on behalf of you in accordance with the University’s Cash Allocation Rules.  This means that if you are not using the UDO System, and you do not state what your payment is for (i.e. relating to the Residence Fee), it may be allocated against any tuition fee arrears owed to the University by you before the Residence Fee, and the balance of the Residence Fee will still be due and payable to the Licensor.  If you do not wish any unidentified payment to be allocated in this way you must notify the University within 7 days of making any payment, stating how you wish the payment to be allocated.  Please note that in the event of a discrepancy in terms of the sum submitted against any outstanding balance, the University accounts department will endeavour to contact you to confirm how you want the University to allocate your payment.  

3.6) In the event that you fail to pay any Instalment or other sum due under the Licence Agreement within 14 days after its original due date, then (unless you have obtained a written extension of credit from the University) you may be required to pay to the Licensor on demand interest at 3% per annum above the Bank of England base rate from the date the Instalment was due until the date of payment.  

3.7) Where you are behind in making any payment under this Agreement, we will endeavour to discuss with you how you can ensure that future payments are not missed or delayed.  

3.8) We may exercise our rights to terminate the Licence Agreement under clause 6.3 of this Agreement where payments continue to remain outstanding 3 months after originally due.

4.Your obligations

You agree that you will comply with your obligations set out in Schedule 1.

5. The licensors obligation

We agree that we will comply with our obligations set out in Schedule 2.

Licensors rights to take action against you and terminate this Agreement

6.1) Your breach of this Agreement.

6.1.1) If you fail to comply with the terms of the Licence Agreement (each a “breach”) the Licensor may (but is not obliged to) apply the following procedure:

  • 6.1.1.1) On the first breach you will receive a verbal warning;
  • 6.1.1.2) On the second breach you will receive a written warning; and
  • 6.1.1.3) On subsequent breaches you may be required to pay an amount based on the costs incurred by the University and the Licensor in dealing with your breach and/or losses sustained,

Provided That where a breach is in the reasonable opinion of the Licensor sufficiently serious, the Licensor may invoke the step referred to in clause 6.1.1.2 without first having taken the preceding step in clause 6.1.1.1. Furthermore, the Licensor’s use of the above procedure will not limit or exclude your liability to pay any other sums you are required to pay under the Licence Agreement (including, but not limited to the cost of remediating damage to the Residence as required by Schedule 1).  

6.1.2) If the Licensor follows the procedure above or any part of it, this will not exclude or limit its other rights to:

  • 6.1.2.1) Temporarily suspend you as described in clause 6.2 below;
  • 6.1.2.2) Take steps to terminate the Licence Agreement as described in clause 6.3 below; or
  • 6.1.2.3) Relocate you to alternative accommodation as described in clause 11 below.

6.1.3) If you breach the terms of this Agreement, the University is entitled to regard that breach as a breach of the University Code and (in addition to the steps the Licensor may take as described in the Licence Agreement, which may include terminating this Agreement) the University may invoke other specific procedures set out in the University Code.

6.2.1) In addition to the Licensor’s right to relocate you to alternative accommodation as described in clause 11 and its right to terminate the Licence Agreement as described in clause 6.3, the Licensor reserves the right to temporarily suspend the Licence Agreement and require you to vacate your Room and the Residence immediately.

6.2.2.2) The Licensor will only exercise its right to suspend the Licence Agreement as described in clause 6.2.1 if:

  • 6.2.2.1) The Licensor reasonably believes that your behaviour is such that your removal from the Residence is necessary in order to protect your health, safety or welfare or that of any other person or to prevent serious damage to the Residence; or
  • 6.2.2.2) You are the subject of any criminal investigation or prosecution and the Licensor reasonably believes that your removal from the Residence is necessary in order to protect your health, safety or welfare or that of any other person and/or to prevent serious damage to the Residence and any such temporary suspension  will be a neutral act and will not signify a breach by you of the Licence Agreement or of the University’s Code

6.2.3) Any decision to suspend you under clause 6.2 will be made by the Licensor acting reasonably and in light of the circumstances of the matter including the nature of the concern and (if relevant) the impact on other residents in the Residence.

6.2.4) If you are temporarily suspended under clause 6.2, for the avoidance of doubt, we will give notice to you of such suspension, upon service of such notice you will be required to leave the Residence immediately and you will not be permitted to occupy the Room again until such time as any the Licensor (based on the findings of any investigations, procedures or proceedings, where applicable) has concluded that the grounds set out in clauses 6.2.2.1 and 6.2.2.2 do not apply or no longer apply.

6.2.5) If the Licensor exercises its right to temporarily suspend you from the Residence in accordance with this clause 6.2:

  • 6.2.5.1) Neither the Licensor nor the University will be obliged to provide you with any alternative accommodation, but the Licensor may (where reasonable in the circumstances and unless otherwise agreed) provide you with reasonable support to source alternative interim accommodation
  • 6.2.5.2) Save where, based on the findings of any investigations, procedures or proceedings you are found to have breached the terms of the Licence Agreement, you will be reimbursed a fair and reasonable proportion of the Residence Fee which relates to the period of your temporary suspension from the Residence
  • 6.2.5.3) Save where, based on the findings of any investigations, procedures or proceedings you are found to have breached the terms of the Licence Agreement, we will reimburse you any reasonable and proper costs incurred by you in sourcing alternative accommodation for the period of suspension, but only in so far as that cost exceeds the amount you would otherwise have paid for your Residence Fee 

6.3.1) Our termination rights when you breach this Agreement or for health, safety or welfare reasons

The Licensor may terminate the Licence Agreement by serving reasonable written notice on you if :-

6.3.1.1) The Licensor reasonably believes that your behaviour is such that your permanent removal from the Residence is necessary in order to protect your health, safety or welfare or that of any other person or to prevent serious damage to the Residence;

6.3.1.2) Any Instalment or other sum under this Agreement shall be due but unpaid for three months (save where you have agreed an extension of time with the Licensor); or

6.3.1.3) You are in serious or persistent breach of your obligations under this Agreement, and (where relevant and where it is reasonable and appropriate for you to do so) you have failed to remedy any such breach after being given the reasonable opportunity to do so by the Licensor.

The Licensor may terminate the Licence Agreement:

6.3.2.1) If you have failed to take up a course of study with at the University by 31 October in the relevant academic year;

6.3.2.2) If you have ceased to pursue a course of study at the University [or have interrupted your studies under the relevant University regulation];

6.3.2.3) If the Room, Flat or Residence are severely damaged through no fault of your own and is, in the reasonable opinion of the Licensor, deemed unfit for occupation; and/or

6.3.2.4) By serving no less than 4 weeks’ notice if the Licensor agrees the sale or material refurbishment or redevelopment of the Residence.

 

The Licensor will give you reasonable notice (taking into account the particular circumstances which apply) of termination of the Licence Agreement.  The notice period set out in the notice to terminate will not normally be less than four weeks, but it may be as little as 24 hours in the case of a serious or persistent breach of the Licence Agreement or in the circumstances where, by reason of your conduct, the Licensor reasonably considers that it is necessary to terminate the Licence Agreement sooner in order to protect your health, safety or welfare or that of any other person or to prevent serious damage to the Residence.

6.3.2) What is your liability if we terminate this Agreement?

6.3.2.1) Termination under clause 6.3.1 (where you breach this Agreement or for health, safety or welfare reasons):

  • If the Licence Agreement is terminated under clause 6.3.1, and unless otherwise agreed by the Licensor in writing (and subject to the provisions of 6.3.5.1), you will be liable to compensate the Licensor against any losses incurred by the Licensor including, but not limited to, loss of revenue to the Licensor caused by early termination (the “Termination Fee”), which will usually be the remaining balance of the Residence Fee for the whole of the Duration if not already paid. Where you have already paid the Residence Fee, you will not be entitled to a refund in these circumstances other than where a Suitable Replacement Person is found under and as set out in clause 6.3.5.1

6.3.2.2) Termination under clause 6.3.2.1 or clause 6.3.2.2 (where you have failed to take up a course of study or cease to pursue your course of study):

  • If the Licence Agreement is terminated in accordance with clause 6.3.2.1 or clause 6.3.2.2, unless otherwise agreed by the Licensor in writing (and subject to the provisions of clause 6.3.5.1), you will remain liable to pay the Licensor a proportion of the Residence Fee, as shown in the table at Schedule 3 which is based on the date confirmed by the University as being your Last Date of Attendance (provided that where the Licence Agreement terminates under clause 6.3.2.1 your Last Date of Attendance will be deemed to fall prior to 31 October in the relevant academic year)

 6.3.2.3 Termination under clause 6.3.2.3 or clause 6.3.4.4  (where the accommodation is unfit for occupation or where the residence is being sold, refurbished or redeveloped):

  • If the Licence Agreement is terminated under clause 6.3.2.3 or clause 6.3.4.4 you will remain liable to pay the Licensor the Residence Fee for the period up to and including the date on which the Licence Agreement comes to an end.  If and to the extent that you have paid the whole of the Residence Fee up front, you will be entitled to receive a refund of the proportion of the Residence Fee which relates to the period after the Licence Agreement comes to an end

6.3.3) What is our liability if we terminate this Agreement?

6.3.3.1) If clause 6.3.1, clause 6.3.2.1 or clause 6.3.2.2 applies, the Licensor will, subject to a Suitable Replacement Person entering into a Licence Agreement in relation to the Room and paying the first Instalment of Residence Fee under that Licence Agreement, reimburse you a fair proportion of the Residence Fee (if and to the extent that you have already paid it) which relates to the period after the date on which the Suitable Replacement Person’s Licence Agreement commences.

6.3.3.2) If clause 6.3.2.3 or clause 6.3.2.4 applies, the Licensor will support you in sourcing alternative accommodation and will (if and to the extent that you have already paid it) reimburse you a suitable proportion of the Residence Fee which relates to the period after the date on which the Licence Agreement ends.  The Licensor will also pay you a reasonable sum to compensate you for any reasonable and proper additional costs you incur as a result of the Licensor exercising its right to terminate the Licence Agreement in this way (although please note that the Licensor will consider such costs on a case-by-case basis and you will be required to take reasonable steps to minimise such costs)

6.4. Making decisions, how you may appeal any decision by us and consequences of your failure to vacate following termination

6.4.1.1) For the avoidance of doubt:-

  •  The Licensor will act reasonably in considering whether to exercise its rights to relocate under clause 11, suspend under clause 6.2 or terminate under clause 6.3, taking into account the impact on you, other occupiers of the Residence and other students;
  •  Any decision of the Licensor under this clause 6 may be made by the Customer Services Manager (acting reasonably); and
  •  You may appeal the decision of the Customer Services Manager (or their nominee) under the procedure contained in the letter of response to your complaint, in which case your appeal will be considered by the Operations Manager (or their nominee) who will in considering that appeal be obliged to take reasonable account of any representations made to him by you. You may appeal the decision of the Operations Manager under the University complaints procedure as outlined in the Operations Managers response to you

My rights to terminate this Licence Agreement

Find out what your termination rights are, what steps you need to take to terminate the agreement and what the consequences of terminating are. 

7.1 Your termination rights where we are not in breach of this Agreement

You may terminate the Licence Agreement if:

7.1.1) You are no longer pursuing a course of study at the University (otherwise than for reasons set out in clause 7.1.2);

7.1.2) You suffer a serious illness, accident or experience any other extenuating circumstance which means that you are unable to remain in your accommodation for the remainder of the Duration;

7.1.3) You continue to pursue a course of study at the University, but you wish to terminate for any other reason which has not arisen due to a breach by us of this Agreement; or

7.1.4) In the circumstances described in clause 11.3 following (relocation to alternative accommodation);

7.2  What steps you must take if you wish to terminate

7.2.1) In the case of clause 7.1.1 above, you may only terminate the Licence Agreement if you provide to the Licensor not less than four weeks’ written notice that you will be vacating the Residence. Satisfactory evidence that you are no longer pursuing a course of study at the University must be provided with this notice. This evidence can be obtained from the University and will usually confirm your Last Date of Attendance.

7.2.2) In the case of 7.1.2 above, you may only terminate the Licence Agreement if you make an application for a release on wellbeing grounds to the Licensor. Satisfactory evidence of such grounds must be provided with this notice. The Licensor will assess eligibility for termination based on the evidence provided and if it is satisfied (acting reasonably) that you have provided sufficient evidence of such grounds it will issue confirmation to this effect and will confirm the date on which the Licence Agreement will terminate (“the Release Notice”). 

7.2.3) In the case of 7.1.3 above, you may only terminate the Licence Agreement if you provide us with no less than four weeks’ written notice and specify the reason (if any) for you wishing to terminate.

7.2.4) In the case of 7.1.4 above, you may only terminate the Licence Agreement if you comply with the steps set out in clause 11.3.

7.3.1) Termination under clause 7.1.1 (you are no longer pursuing a course of study at the University):

  • If you terminate the Licence Agreement in accordance with clause 7.1.1, unless otherwise agreed by the Licensor in writing (and subject to the provisions of clause 7.5) you will remain liable to pay the Licensor a proportion of the Residence Fee, as shown in the table at Schedule 3, which is based on the date confirmed by the University as being your Last Date of Attendance:

7.3.2) Termination under clause 7.1.2 (You suffer a serious illness, accident or experience any other extenuating circumstances):

  • If you terminate the Licence Agreement in accordance with clause 7.1.2, unless otherwise agreed by the Licensor in writing, or where the provisions of clause 7.5 apply, you will remain liable to pay the Licensor a proportion of the Residence Fee, as shown in the table at Schedule 3, which is based on the date specified within the Release Notice submitted to you by the Licensor (the “Release Date”):

7.3.3) Termination under clause 7.1.3 (you no longer wish to stay at the Residence where we are not in breach of the Licence Agreement)

7.3.3.1) If you terminate the Licence Agreement under clause 7.1.3, you will be liable to pay all outstanding sums due under the Licence Agreement.

7.3.3.2) Subject to clause 7.5, you will be liable to pay the Licensor the full Residence Fee outstanding on your account for the remainder of the Duration.

7.3.3.3) If a Suitable Replacement Person enters into a Licence Agreement in relation to the Room, you will not be liable for (and, if and to the extent that you have already paid it, we will reimburse) the proportion of the Residence Fee which relates to the period after the date on which the Suitable Replacement Person’s Licence Agreement commences in accordance with clause 7.5.

7.3.4) Termination under clause 7.1.4 (following proposed relocation to alternative accommodation)

  • If the Licence Agreement is terminated under clause 7.1.4 you will only be liable to pay the Licensor the Residence Fee for the period up to and including the date on which the Licence Agreement terminates (which for the avoidance of doubt will be expiry of the 30 day notice period referred to in clause 11.3).  If and to the extent that you have paid the whole of the Residence Fee in full, you will be entitled to receive a refund of the proportion of the Residence Fee which relates to the period after the Licence Agreement comes to an end

7.3.3) Termination under clause 7.1.3 (you no longer wish to stay at the Residence where we are not in breach of the Licence Agreement).

7.3.3.1) If you terminate the Licence Agreement under clause 7.1.3, you will be liable to pay all outstanding sums due under the Licence Agreement.

7.3.3.2) Subject to clause 7.5, you will be liable to pay the Licensor the full Residence Fee outstanding on your account for the remainder of the Duration.

7.3.3.3) If a Suitable Replacement Person enters into a Licence Agreement in relation to the Room, you will not be liable for (and, if and to the extent that you have already paid it, we will reimburse) the proportion of the Residence Fee which relates to the period after the date on which the Suitable Replacement Person’s Licence Agreement commences in accordance with clause 7.5.

7.3.4) Termination under clause 7.1.4 (following proposed relocation to alternative accommodation)

  • If the Licence Agreement is terminated under clause 7.1.4 you will only be liable to pay the Licensor the Residence Fee for the period up to and including the date on which the Licence Agreement terminates (which for the avoidance of doubt will be expiry of the 30 day notice period referred to in clause 11.3).  If and to the extent that you have paid the whole of the Residence Fee in full, you will be entitled to receive a refund of the proportion of the Residence Fee which relates to the period after the Licence Agreement comes to an end

7.4.1) You may terminate the Licence Agreement where the Licensor is in material breach of the Licence Agreement, as follows:

  • 7.4.1.1) Where the breach is capable of remedy, you have served written notice on the Licensor specifying the breach and the Licensor has failed to remedy that breach within 30 days of such notice, you may terminate the Licence Agreement by serving a further 30 days’ written notice on the Licensor
  • 7.4.1.2) Where the breach is not capable of remedy, you may serve 30 days’ written notice on the Licensor to terminate the Licence Agreement

7.4.2) Where you terminate the Licence Agreement in accordance with this clause 7.4, you will only be liable to pay to the Licensor any sums due for the period up to and including the date on which the Licence Agreement terminates (which for the avoidance of doubt will be expiry of the 30 day notice period).  Where you have already paid the Residence Fee in full, then you will be entitled to receive a refund of the proportion of the Residence Fee which relates to the period after the Licence Agreement comes to an end. 

Where you terminate the Licence Agreement under clause 7.1, the Licensor will (if required by you to do so) advertise the Room as being available on the Student Pad website by way of assistance to you in finding a Suitable Replacement Person to agree to occupy the Room in your place. When a Suitable Replacement Person has entered into a Licence Agreement in respect of the Room and has paid the first Instalment of Residence Fee under that Licence Agreement the Licensor will refund to you any Residence Fee paid by you in respect of the period after the Duration within the Suitable Replacement Person’s Licence Agreement commences.

8.1) Where we terminate the Licence Agreement under clause 6.3 or where you terminate the Licence Agreement under clause 7.1.1 or 7.1.3 or 7.1.4, unless agreed otherwise by the Licensor in writing, you must vacate the Room and the Residence and return all keys to the Residence to the Licensor before the expiry of the written termination notice.

8.2) Where you terminate under clause 7.1.2, and unless the Licensor has agreed otherwise, you must vacate the Room and the Residence and return all keys to the Residence to the Licensor before the Release Date.

8.3) You will not be entitled to stay at the Room or the Residence at the expiry of the notice period, the termination date as specified by the Licensor or Release Date (as applicable).

8.4) You will be required to comply with your obligations in paragraph 6 of Schedule 1 irrespective of how the Licence Agreement is brought to an end.

8.5) if you do not leave the Room, Flat and Residence on or before the expiry of a notice to terminate, the Licensor may apply to court for an order for possession so that you can be legally evicted.  If that becomes necessary, the Licensor may ask the court to order you to pay the net loss of income it suffers, its reasonable legal costs and expenses incurred in contemplation, preparation, issue and enforcement of legal proceedings and any interest.

9.1) If we fail to comply with the Licence Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Licence Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Licence Agreement.

9.2) Your access to the Room and the Shared Areas are provided on the basis that you are using them for your own personal use, and you agree not to use them for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.3) We do not in any way exclude or limit our liability for:

  • 9.3.1) death or personal injury caused by our negligence;
  • 9.3.2) fraud or fraudulent misrepresentation; or
  • 9.3.3) for any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability

9.4) The Licensor cannot accept responsibility for any loss damage or theft you incur at the Residence, otherwise than as a result of any breach by the Licensor of the Licence Agreement or any other negligence act or omission of the Licensor or its employees or agents (including, for example, the Hall Manager).

Events Outside Our Control

9.5) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Licence Agreement that is caused by an Event Outside Our Control.

9.6) An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation continuing disruption to utility services (in so far as the Licensor is unable to negotiate with the relevant suppliers to reinstate the relevant service), strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

9.7) If an Event Outside Our Control takes place that affects the performance of our obligations under  this Agreement:

  • 9.7.1) We will contact you as soon as reasonably possible to notify you; and
  • 9.7.2) Our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control

10.1) The Licence Agreement does not and is not intended to create a tenancy of the Room or the Residence and you will occupy the Room and Residence as a fixed term licensee and will not have exclusive possession of the Room or the Residence. This means, in particular, that the Hall Manager, the Licensor and anyone authorised by the Licensor (including the police) may access the Room and Residence at all times when reasonably required.

10.2) The Hall Manager or the Licensor (as the case may be) will endeavour to give you not less than 24 hours’ notice of such access, where possible, and will seek to exercise it at reasonable times. In some situations this may not be possible or appropriate, eg. in the event of an emergency, in relation to matters regarding health and safety or where a serious breach of this Agreement is suspected.

10.3) You acknowledge that the Licensor and anyone authorised by the Licensor may enter your Room and/or the Residence for any reasonable purpose and you will not obstruct such access. Such reasonable purpose may include (without limitation) any of the following purposes:-

  • 10.3.1) To carry out any works required as a result of a breach by you of this Agreement and that you have not remedied within a reasonable time of being notified to do so and the costs of such work will be recoverable by the Licensor as damages from you and shall be payable by you to the Licensor within 30 days of you being asked to do so; and
  • 10.3.2) To carry out any works of the type referred to in clause [5.1] which would (in the Licensor’s reasonable opinion) be rendered more difficult to carry out without entry to the Room and/or the Residence (as the case may be);
  • 10.3.3) Where you have asked the Hall Manager to remedy particular defects in your Room and/or in the Residence using the Licensor’s maintenance procedures to remedy the relevant defect in accordance with the relevant service level agreed with you
  • 10.3.4) To commission or carry out any essential alterations or building works in the Residence;
  • 10.3.5) Where the University, the Hall Manager or the Licensor has reasonable concerns that you are in breach of the terms of this Agreement (including, without limitation, a breach of the University Code and the DSRL Code or any illegal activity); or
  • 10.3.6) Where the University, the Hall Manager or the Licensor has reasonable concerns for your health, safety or welfare

10.4) In all cases, the Licensor shall use all reasonable efforts to minimise any disruption to your use of your Room and/or the Residence as provided for in the Licence Agreement and will not unreasonably interfere with your privacy but for the avoidance of doubt the Licensor (or those authorised by it) will not be liable for any minor disturbance or inconvenience caused to you by such works.

 

 

11.How we (DSRL) can make changes to the licence agreement and our right to move you to alternative accommodation

11.1) The Licensor reserves the right (acting reasonably and taking into account the relevant circumstances) at any time during the Duration to move you to alternative accommodation in the Residence or another residence owned or managed by the Licensor or the University provided that:-

  • 11.1.1) You are given sufficient notice (save in case of emergency);
  • 11.1.2) Subject to availability the alternative accommodation is reasonably equivalent to the Room;
  • 11.1.3) if you move to such alternative accommodation then the terms of this Agreement will remain in force unless expressly agreed otherwise; and
  • 11.1.4) the Licensor has reasonable grounds (including without limitation: redevelopment works, health, safety or welfare or other considerations affecting you or your fellow residents, or other circumstances beyond the Licensor’s control) for requiring you to move

11.2) Where the Licensor exercises this right, the Licensor will consider whether the Residence Fee payable under this Agreement should be adjusted to reflect the change in accommodation. An adjustment will be made as soon as possible. Where you have already paid the Residence Fee in full, you will receive a sum equivalent to the reduction in the Residence Fee to reflect any such adjustment. 

11.3) You will be entitled to terminate the Licence Agreement, where the Licensor has not provided alternative accommodation which is reasonably equivalent to the Room.  In such cases, you will need to first discuss your concerns with the Licensor and enable the Licensor a reasonable period to address your concerns before serving notice to terminate the Licence Agreement on the Licensor.  If following such discussions you still wish to terminate the Licence Agreement you may do so by serving 30 days’ written notice on the Licensor and the provisions of clause 7 (where relevant) will apply.

11.4) Save as expressly set out otherwise in these Terms and Conditions, the Licence Agreement cannot be changed unless the relevant change is agreed in writing by both you and us.

12. General

12.1) There may be certain instances where you will have disputes with your fellow residents. In such cases, you will not have the right to compel the Licensor to take action against any other residents. Whilst the Licensor may take action where it considers it appropriate to do so, it will do so in the context of the relevant provisions of the Codes.

12.2) You acknowledge that you have entered into this Agreement for your own personal use, and you agree that you will not look to transfer any part of this Agreement to another person, nor will you be entitled to grant any licence to occupy or part with or share occupation of the Room with any other person (including without limitation children).

12.3) This Agreement is governed by English law. This means that any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non‑exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland or Wales, you may also bring proceedings in Scotland or Wales.

What are your obligations as a resident?

As a resident you are obliged to comply with the terms laid out in Schdule 1 of the Licence Agreement.  Any breach by you of schedule 1 may be regarded as a serious breach of the Licence Agreement and we may exercise our rights (including our right to terminate this Licence Agreement) under clauses 6.1, 6.2 and 6.3.

1.1) Keep the Flat, Room and Room Items in a clean, hygienic and tidy state and condition. Where the Licensor reasonably considers that additional cleaning is required to the Flat or the Room:-

  • 1.1.1) You will first be issued with a written warning and given a reasonable period of time (to be stipulated in the written warning but to be not less than 48 hours) to clean as appropriate; and
  • 1.1.2) If the required cleaning is not properly carried out within that period, the Licensor reserves the right (without obligation to do so) to arrange that the cleaning is carried out on your behalf and you will be required to reimburse the Licensor’s reasonable costs for carrying out this cleaning.

1.2) Not make any alterations or additions to the Room, Flat, Shared Areas or Residence or change damage or mark any part of the Flat, Room, Shared Areas or Residence.  You must pay the Licensor on demand the reasonable cost of repair of such damage or the cost of removing and making good damage caused by the removal of such alterations, other than damage caused by reasonable wear and tear or the negligence of the Licensor or its staff;

1.3) Not alter or change or install any locks to doors or windows in the Room, the Flat or the Residence nor have any additional keys cut or keycards made;

1.4) Not remove any Room Items from the Room;

1.5) Not remove any Shared Items from the location they were put in by the Licensor;

1.6) Not damage, litter or obstruct the use of the Shared Areas or Shared Items. Where you cause any excessive damage to the Shared Areas or Shared Items, you may be asked to pay the Licensor on demand a reasonable cost, or, as may be reasonable determined by the Licensor, a reasonable percentage of the costs incurred to remedy such damage, if in the reasonable opinion of the Hall Manager, and on appeal that of the Operations Manager, such damage was caused collectively by you with other residents, (unless you can demonstrate to the Licensor’s reasonable satisfaction) that you were not at the Residence when the damage took place). In addition, you may also be required to pay us a reasonable administration fee to cover our costs of dealing with the relevant claim

1.7) Jointly with the other occupiers of the Flat to keep the internal Shared Areas within the Flat in a clean tidy and hygienic state and to remove all rubbish from the Flat at the intervals required by the Licensor and if you not comply with this clause the Licensor may take the action set out in clause 4.5, clause 6.1 and/or clause 6.3;

1.8) Take proper care of all keys to the Residence, not to pass such keys or copies of such keys to any other persons and if you lose your keys to pay the cost of providing a replacement, including, where necessary, the cost of replacement locks (provided that such cost will not exceed £150 in each instance).

2.1) Not keep or use any of the following items anywhere in the Room, Flat or Residence:-

  • 2.1.1) Large electrical or heating equipment;
  • 2.1.2 Large upholstered furniture;
  • 2.1.3 Chip pans, deep fat fryers, rice cookers;
  • 2.1.4) Pets or animals of any description except that registered assistance dogs are permitted subject to you providing evidence of such registration to us;
  • 2.1.5) Any item which is in breach of the DSRL Code or is otherwise (in the reasonable opinion of the Halls Manager) dangerous, illegal, immoral, or offensive to be kept in such residences, including (without limitation) for example, weapons of any kind, replica weapons of any kind, air soft guns, BB guns; or
  • 2.1.6) Any item likely to cause a fire hazard and in particular (but without limitation) any candles, jos sticks, oil burners, or similar items, as further described in the DSRL Code;

2.1.7) Any electrical appliances other than:

  • 2.1.7.1) Bedside lamp which must be purchased in UK and be of the LED type;
  • 2.1.7.2) Television, video, DVD player or recorder. If you have a television or watch television via your computer (including BBC iPlayer) you must buy a television licence. The Television Licensing Authority may prosecute you and issue fines if you are found to be using television receiving equipment without a valid licence;
  • 2.1.7.3) Radio, music systems, CD and tape systems;
  • 2.1.7.4) Shavers, hair dryers/straighteners;
  • 2.1.7.5) Calculators, mobile phone/chargers, laptops, tablets, clocks, personal computers, printers;
  • 2.1.7.6) Travel kettles, irons;
  • 2.1.7.7) Assistive technology for disabled students;
  • 2.1.7.8) Multi-gang sockets and extension leads which have been purchased in the UK; and
  • 2.1.7.9) Such other appliances as we specifically approve in writing but for the avoidance of doubt not any which are listed in paragraphs 2.1.1 to 2.1.6

And, in any event, all such items must comply with paragraph 2.2

We reserve the right to update the list in this paragraph 2.1 from time to time, and we will notify you in writing of any changes.

2.2) Ensure that any permitted electrical items you bring into the Room, Flat or Residence have a valid safety certificate issued by a qualified electrician.  The Hall Manager can support you to locate a suitable person to carry out this check for you and you will be responsible for the cost of this.  (In order to avoid the risk of overloading the electric sockets in the Room) you must restrict the use of electric sockets to a single British Safety Standard approved four outlet running block with a maximum 13 amp fuse;

2.3) Allow the Licensor or its agents/contractors or the Hall Manager reasonable access to inspect the Room and any item referred to in paragraph 2.2.  If upon such inspection any of the items prohibited by paragraph 2.1 is found to be present or if a permitted electrical item is found to be unsafe or uncertified then (save where the possession of such item is a criminal offence in which case the Licensor or the police will remove it), immediately cease using it and within a reasonable time remove it from the Residence.  In each instance, save where the Licensor has reasonable health and safety concerns or where the Licensor reasonably suspects a criminal offence is being committed (in which case no notice will be required) the Licensor will give you reasonable notice of any request to inspect the Room or such items and any such inspection will be at a reasonable time;

2.4) If you fail to comply with paragraphs 2.1, 2.2 or 2.3 the Hall Manager will be entitled to remove the relevant item and keep it in storage until the Hall Manager is satisfied that it will be kept away from the Residence, at which point or as soon as possible afterwards it will be returned to you. Whilst the Hall Manager will use reasonable efforts to keep any such items in a safe location, in these circumstances, the Licensor will not be responsible for any loss or damage caused to the item removed, unless due to the Licensor or the Hall Manager’s negligence.  For the avoidance of doubt the Licensor will not be required to return to you any item the possession of which is a criminal offence;

2.5) You will be required to compensate the Licensor and the University from and against all consequences arising from your use of unauthorised equipment or other prohibited items at the Residence.

3.1) Not cause any excessive or unnecessary noise anywhere in the Residence;

3.2) Not cause any noise which is excessively audible outside of the Room;

3.3) If you fail to comply with paragraphs 3.1 and 3.2 the Hall Manager shall, in instances where you have failed to respond to a notice advising you that you are in breach of either of these clauses, be entitled to remove any item causing the noise and keep it in storage until the Hall Manager is satisfied that it will be kept away from the Residence or used in a manner which complies with this Agreement, at which point or as soon as reasonably practicable thereafter it will be returned to you.  Whilst the Hall Manager will use reasonable efforts to keep any such items in a safe location, in these circumstances the Licensor will not be responsible for any loss or damage caused to the item removed, unless due to the Licensor or the Hall Manager’s negligence;

3.4) Not cause other occupiers of the Residence or neighbouring property any disturbance, distress, annoyance, inconvenience or damage to their property;

3.5) Not keep or use anywhere in the Residence drugs or substances the possession or use of which is prohibited by law;

3.6) Not tamper with any fire-fighting equipment prop open any fire doors or disengage door closure mechanisms;

3.7) If you set off a fire alarm without due cause (even if accidentally) which may result in attendance of the emergency fire services or the evacuation of the Residence, then we may require you to pay on demand any costs incurred by the Licensor as a result;

3.8) Not smoke in any part of the Residence (including the Room).  

4.1) To comply with the requirements of the University Code and the DSRL Code;

4.2) Not use the Room for any purpose other than as a study bedroom in connection with a course of study at the University;

4.3) Not share the Room with any other person (other than those studio rooms designated for sharing at Darley Bank);

4.4) Use the Room for residential purposes only and not conduct or advertise any profession trade or business from the Room, the Flat or any part of the Residence;

4.5) Not use the Room, the Flat or any part of the Residence for any purpose which is illegal, or which contravenes the Licence Agreement;

4.6) Keep the Room and the Flat secure at all times;

4.7) Not prepare or cook food in the Room or keep or use open fat frying equipment anywhere in the Residence;

4.8) Use the Shared Areas, Shared Items and Room Items in a responsible and careful manner and for the purpose(s) they were designed to be used;

4.9) Not affix any notice poster or similar article anywhere in the Residence except on the notice boards (if any) provided in the Shared Areas or in the Room;

4.10) Not wash, dry or hang laundry in the Room (except small items on an occasional basis) and not to use or permit or allow (knowingly or unknowingly) the Room for any illegal matter purpose and/or activity whatsoever;

4.11) Not keep any animal(s) or pets (other than assistance dogs genuinely required to assist you and of which you notify us) anywhere in the Residence;

4.12) Not to misuse or abuse any computer equipment or communications facilities within the Residence or make any malicious or obscene telephone calls.

5.1) Not park any motorised or non-motorised vehicle in any garages or parking spaces in the Residence unless you hold a valid residence parking permit.  You may apply to obtain a residence parking permit via the Hall Manager at the site where you will be residing, but parking spaces are limited and will be allocated on a first-come-first-served basis;

5.2) Unless specific arrangements have been made with the Hall Manager (whose decision is final) not to allow visitors to park any motorised or non-motorised vehicle in any garages or parking spaces in the Residence or within other DSRL or University-owned property;

5.3) Unless specific arrangements have been made with the Residence Manager (whose consent for a visitor to remain overnight will not be unreasonably withheld or delayed) to ensure all visitors leave the Residence before midnight on Mondays to Thursdays inclusive and 2am on Fridays, Saturdays and Sundays;

5.4) Not without the consent of the Residence Manager to hold parties or meetings of more than 10 people anywhere in the Residence;

5.5) To notify the Residence Manager as soon as you become aware of a situation where you or any of your visitors are suspected of suffering from any infectious disease in accordance with the Communicable Disease Policy which can be viewed in the Hall Manager's Office and to comply with any directions given by the Licensor’s or the University’s medical staff.

6.1) When the Licence Agreement comes to an end (whether by expiry at the end of the Duration or as a result of the earlier termination of this Licence Agreement by us or by you):

  • 6.1.1) By 10 am on the final day of the permitted occupation you must vacate the Room and remove all of your belongings from the Room, the Flat and the Residence and leave the Room in a clean and tidy state and condition; and
  • 6.1.2) Give to the Hall Manager all keys to the Residence and all residence parking permits issued to you.  If you are not able to return the keys, please note that you will be asked to reimburse the Licensor the cost of replacing the keys and changing the locks as required by paragraph 1.8.

6.2) The following costs may be recoverable as damages arising from the breach of this Licence Agreement and/or losses suffered by the Licensor as a result of such breach on termination or expiry of the Licence Agreement:

  • 6.2.1) The reasonable and properly incurred costs of the Licensor attempting to collect or collecting any sums which are due but unpaid by you;
  • 6.2.2) The reasonable and properly incurred costs of the Licensor ensuring that you give up occupation of the Room once you are no longer entitled to occupy;
  • 6.2.3) The reasonable and properly incurred costs of the Licensor in seeking redress for and making good any breach by you of the terms of this Agreement; and
  • 6.2.4) The reasonable and properly incurred costs of the Licensor removing (and disposing of as the Licensor sees fit) any of your belongings and rubbish not removed by you from the Residence.

6.3) The Licensor reserves the right to dispose of as it shall see fit any items you have left at the Residence after the Licence Agreement has ended and in so far as the Licensor shall decide (at their absolute discretion).

7.1) Inform the Hall Manager in advance of any intended periods of absence of longer than 7 days (except where you will not be in the Residence over official University term breaks); and

7.2) Inform the Hall Manager of any damage to the Room, Room Items, Flat or Shared Items of which you become aware at any time during the Duration (and upon taking up occupation of the Room to notify the Hall Manager of any damage to Room Items or any Room Items missing from the Inventory supplied in accordance with clause 2.5).

7.3) Insurance

  • 7.3.1) We maintain a core level of insurance cover for all [campus rooms] via [Endsleigh Insurance Services].

7.3.2) If you rely on any insurance placed by us under paragraph 7.3.1, you accept that:

  • 7.3.2.1) it is your responsibility to check the insurance policy schedule to ensure the cover provided is sufficient for your needs and if you need to take out your own policy. You can take out additional levels of cover at your own cost;
  • 7.3.2.2) the insurer may vary the terms of the insurance policy from time to time so you should repeat the checking exercise in paragraph 7.3.2.1 regularly and if your circumstances change; and
  • 7.3.2.3) only items belonging to you will be covered by the insurance policy


 

Our obligations to you

Find out what our obligations are to you as the resident. 

Subject to clause 8, the Licensor will provide the following facilities for the Duration:-

1.1) Cleaning and maintenance:

  • 1.1.1) Maintenance and repair of the Residence as determined by the Licensor;
  • 1.1.2) Operation, inspection, servicing and repair of plant, machinery and equipment in the Residence which belongs to the Licensor;
  • 1.1.3) Repair and maintenance of Room Items and Shared Items;
  • 1.1.4) Periodic cleaning of the Shared Areas;
  • 1.1.5) Adequate heating in the Residence having regard to the prevailing weather conditions together with a supply of hot and cold water;
  • 1.1.6) Employment of cleaning and other staff for the day-to-day running of the Residence

Subject to clause 8, the Licensor will provide the following facilities for the Duration:-

1.2) Firefighting equipment:

Where required provision of firefighting equipment in the Shared Areas and the payment of all charges in connection with their rental, installation and maintenance. 

Subject to clause 8, the Licensor will provide the following facilities for the Duration:-

1.3) Refuse disposal:

Provision, repair and replacement when necessary of litter bins in the Shared Areas and payment of the cost of storing, collecting and disposing of refuse from the Residence (but for the avoidance of doubt you are required to use such refuse disposal facilities in accordance with your obligations under this Agreement).

Proportion of accommodation fees payable where the Licence Agreement is terminated

Proportion of accommodation fees payable where this Licence Agreement is terminated under clauses 6.3.2.1, 6.3.2.2, 7.1.1 or 7.1.2

Where your Agreement is for a term of 42 weeks commencing in September in the relevant academic year, depending on your Last Date of Attendance, you will be required to pay either:

  • The Residence Fee for the period up to and including the last day of Term 1 in that academic year if the Last Date of Attendance falls on or before 31 October; or
  • The Residence Fee for the period up to and including the last day of Term 2 in that academic year if the Last Date of Attendance falls between 1 November and 31 January (inclusive); or
  • The Residence Fee for the period up to and including the contractual end date of the last day of Term 3 in that academic year if the Last Date of Attendance is on or after 1 February (up to and including 30 April)

 

Proportion of accommodation fees payable to you where this Licence Agreement is terminated under clauses 6.3.2.1, 6.3.2.2, 7.1.1 or 7.1.2

Where your Agreement is for a term of 51 weeks commencing in September in the relevant academic year, depending on your Last Date of Attendance, you will be required to pay either:

  • The Residence Fee for the period up to and including the last day of Term 1 in that academic year if the Last Date of Attendance falls on or before 31 October; or
  • The Residence Fee for the period up to and including the last day of Term 2 in that academic year if the Last Date of Attendance falls between 1 November and 31 January (inclusive); or
  • The Residence Fee for the period up to and including the last day of Term 3 in that academic year if the Last Date of Attendance is on or after 1 February (up to and including 30 April); or
  • The remainder of the Residence Fee for the period up to and including the contractual end date of the last day of Term 4 if Last Date of Attendance is a date on or following 1 May

Proportion of accommodation fees payable by you where this Licence Agreement is terminated under clauses 6.3.2.1, 6.3.2.2, 7.1.1 or 7.1.2

Where your Licence Agreement is for a term of 51 weeks commencing in March in the relevant academic year, depending on your Last Date of Attendance, you will be required to pay either:

  • The Residence Fee for the period up to and including 1 July in that academic year if the Last Date of Attendance falls on or before 30 April; or
  • The Residence Fee for the period up to and including 1 September in that academic year if the Last Date of Attendance falls within the period from and including 1 May to and including 31 July; or
  • The Residence Fee for the period up to and including 31 December in that academic year if the Last Date of Attendance falls within the period from and including 1 August to and including 31 October; or
  • The remainder of the Residence Fee for the period up to and including the contractual end date in that academic year if the Last Date of Attendance is a date on or following 1 November