Student Residence Agreement – Licence
Note: This Agreement is an Accommodation Licence Agreement and, when accepted by you,
you will be agreeing to comply with legally binding obligations. In particular you should note
that:
(1)
You are required to pay the relevant Residence Fee in full even if you subsequently
vacate the Room, leave the University or the Agreement is terminated.
You will be required to pay the Residence Fee in full even if your course duration is
less than the duration of this Agreement.
You are not entitled to any cooling off period once you accept this Agreement and, as
soon as the Agreement has been accepted, you will become liable to comply with all
of the terms of this Agreement and, in particular, pay all of the Residence Fee.
You may be required to move to a different Room or Residence (please see clause
10.6 of the Agreement).
You may be required to pay additional sums in addition to the Residence Fee.
The University will not accept any liability for your contents and you may wish to take
out contents insurance.
This Agreement may be terminated by the Licensor prior to the end of the Duration
(please see clause 8 of the Agreement).
(2)
(3)
(4)
(5)
(6)
(7)
You should therefore read the terms & conditions of this Agreement carefully before accepting
these terms.
[Francis Drake, Gilwell, Pilgrim, Radnor, Frobisher, Central Park Towers,
Discovery Heights, St Teresa, St Thomas, Alexandra Works and Robbins Halls of
Residence]
This Agreement is made between the Licensor acting by their appointed agent the University of
Plymouth (the University) and [
] (the Student)
1
PARTICULARS
1.1
This Agreement relates to room [
1.2
The duration of this Agreement shall be for the period of [
Duration). This is a [
] (Room) in [
] (Residence).
] to [
] (the
] contract length.
1.3
The cost of the Room for the Duration shall be £[
1.4
On or within 7 days of the date of this Agreement the Student shall pay to the Licensor the sum
1.5
] (Residence Fee).
of £[
] (Booking Fee).
On [
] (First Instalment Date) the Student shall pay the sum of £[
]
(the First Instalment) [4 week payment]
1.6
On [
] (Second Instalment Date) the Student shall pay the sum of £[
]
(the Second Instalment).[14 week payment]
1.7
On [
] (Third Instalment Date) the Student shall pay the sum of £[
]
(the Third Instalment). [14 week payment]
1.8
On [
] (Fourth Instalment Date) the Student shall pay the sum of £[
]
(the Fourth Instalment). [Balance of Residence Fee payment]
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1
2
DEFINITIONS AND INTERPRETATIONS
2.1
The following words have the following meanings:
2.1.1
Accommodation Office – the Residence Life & Student Accommodation Service.
2.1.2
Deposit – the sum referred to in clause 4 of this agreement
2.1.3
Facilities Manager - the person appointed by the University to act as the Facilities
Manager.
2.1.4
Final Inventory and Damage Deposit Form – the final inventory recording the
condition of the Room and Room Items at the end of the Agreement and the
Licensor's reasonable estimate of any sums needed to be deducted from the Deposit
to rectify any breaches of the Student's obligations in this Agreement.
2.1.5
Handbook – the University's halls handbook which can be found at
https://www.plymouth.ac.uk/student-life/services/accommodation and attached with
this licence agreement, as amended from time to time.
2.1.6
Hall Co-ordinator – the person appointed by the University to act as Hall Coordinator
2.1.7
Head of Accommodation - the person appointed by the University to act as Head of
Residence Life & Student Accommodation Service.
2.1.8
Instalment - any one of the First, Second, Third or Fourth Instalments and
‘Instalments’ means any one of them.
2.1.9
Instalment Date – any one of the First Instalment Date, Second Instalment Date,
Third Instalment Date or Fourth Instalment Date and ‘Instalment Dates’ means any
one of them.
2.1.10
Inventory and Schedule of Condition – the list of Room Items and description of
the condition of the Room and Room Items which shall be placed in the Room to be
considered by the Student on their arrival.
2.1.11
Regulations - all regulations of the University issued from time to time which may
impact upon the Student’s use and occupation of the Residence and Room including
but not limited to fire rules and evacuation procedures, the health and safety policy,
and any other rules as outlined in the Handbook and/or the University's Code of
Conduct.
2.1.12
Residence – [the name of the relevant building]
2.1.13
Residence Management - Head of Accommodation, Hall Co-ordinator, Residents’
Assistant, Facilities Manager or any of them.
2.1.14
Residence Year – [
2.1.15
Residents – the occupiers of the Residence including the Student.
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] to [
]
2
2.1.16
Residents' Assistant - the person appointed by the University to act as the
Residents' Assistant. The Residents' Assistant may also be known as Senior
Resident.
2.1.17
Room Items - items provided within the Room by the Licensor for the use of the
Student.
2.1.18
Shared Areas – all areas which are provided within the Residence for shared use by
Residents.
2.1.19
Shared Items – items provided within the Shared Areas for shared use by the
Residents.
2.1.20
Suitable Replacement Person – another student pursuing a course of study at the
University who would not as a result of his/her move be vacating accommodation let
or licensed from the Licensor or University (unless that person has found a suitable
replacement person who is allocated his/her accommodation) and such person is
approved by the University (acting reasonably).
2.1.21
University's Code of Conduct – the University's Code of Conduct & disciplinary
procedure found at https://www.plymouth.ac.uk/student-life/your-studies/essentialinformation/regulations/code-of-conduct-and-disciplinary-procedures, as amended
from to time.
2.1.22
Voluntary Agreement – a voluntary agreement entered into between the Student
and the University whereby the Student is appointed a Residents' Assistant or a Hall
Co-ordinator in relation to the Residents.
2.2
A reference to any legislation includes any statutory amendment, or modification of it or any laws
or regulations made pursuant to it.
2.3
Students are responsible for their own behaviour and the behaviour of their guests and visitors.
2.4
Any reference to the Residence includes a reference to the Room.
2.5
Any termination of this Agreement shall not affect any pre-existing rights of either party against
the other.
2.6
The Particulars under section 1 form part of this Agreement.
3
GRANT OF LICENCE
3.1
The Licensor grants to the Student the right to occupy the Room and use the Room Items for
the Duration together with the right (along with others entitled) to use the Shared Areas and the
Shared Items.
3.2
The Student agrees to take occupation of the Room within 5 days of the commencement of the
Duration.
3.3
By completing and signing this Agreement you agree to be bound by the terms of this
Agreement.
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4
BOOKING FEE/DEPOSIT
Following receipt by the University of the Booking Fee this shall become the Deposit at the start
of the Duration.
5
RESIDENCE FEE
5.1
The Student shall pay to the University the Residence Fee in advance in the manner described
below and without any further demand being made. The Student will not be permitted to
withhold any payments of the Residence Fee on account of any complaints they may have
against the Licensor or the University.
5.2
The First Instalment is payable on the First Instalment Date. The Student will not be entitled to
occupy the Room until the First Instalment and Booking Fee have been received by the
University.
5.3
The Second Instalment is payable on the Second Payment Date.
5.4
The Third Instalment is payable on the Third Payment Date.
5.5
The Fourth Instalment is payable on the Fourth Payment Date.
5.6
If this Agreement is commenced after the first date of the Residence Year, the Residence Fee
for the period from the first date of the Duration to the date immediately prior to the following
Instalment Date, will be payable in one instalment on the date of this Agreement.
5.7
If the Student does not pay the Residence Fee on the specified payment dates the Student shall
pay the University, following written demand by the University, the University's reasonable costs
incurred as a result of such late payment.
5.8
The reasonable cost of electricity, gas and water are included in the Residence Fee but the
Licensor reserves the right to review this if the Student's use of such utilities exceeds what the
Licensor considers (acting reasonably) to be a level of reasonable level of residential use and
the Student shall on request pay the cost of such additional utilities. Please refer to the details in
the Handbook as some residences have fixed prices for the 'free utilities' included within the
Residence Fee.
6
THE STUDENT’S OBLIGATIONS
The Student agrees that he/she will:
6.1
Outgoings
6.1.1
obtain a licence for any television in the Room and will pay for all TV subscriptions
themselves.
6.1.2
if the Student ceases to be a student in higher education, the Student will pay any
Council tax charged or imposed or compensate the Licensor for any such charges.
6.2
Legislation and Regulations
6.2.1
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read the University's Code of Conduct and the Handbook and abide by them.
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6.2.2
comply with the Regulations and with the provisions of all laws and legislation
applicable to the Student in the context of this Agreement.
6.3
Care of the Room and Shared Areas
6.3.1
inspect the condition of the Room and the Room Items on arrival and sign and return
the Inventory and Schedule of Condition within 5 days of the commencement of the
Duration. Should the Student fail to sign and return the Inventory and Schedule of
Condition to the University within this time period the Student shall be deemed to
have accepted the Inventory and Schedule of Condition as presented by the
University unless they formally object as per the following provisions. If the Student
disputes the content of the Inventory and Schedule of Condition they must raise this
with the University within 5 days of the start of the Duration and both parties shall,
acting reasonably, seek to agree a replacement Inventory and Schedule of Condition
(if reasonably necessary) as soon as practicable thereafter. In the absence of
agreement such matter shall be determined by the Head of Accommodation (whose
decision shall be final and binding).
6.3.2
keep the Room and Room Items in a clean and tidy condition and in the condition set
out in the Inventory and Schedule of Condition (save for fair wear and tear) and will
return the Room and Room Items in such condition at the end of the Duration.
6.3.3
not change, damage or mark the decorative finish of the Room or Shared Areas.
6.3.4
not damage the Room Items or remove any of them from the Room.
6.3.5
not damage any Shared Items or remove them from the location they were put in by
the Licensor.
6.3.6
not damage the Shared Items or the Shared Areas of the Residence.
6.3.7
not litter or obstruct the use of the Shared Areas and jointly with other occupiers keep
them in a clean, tidy and hygienic state.
6.3.8
pay to the University, as agent of the Licensor, the reasonable cost of any damage to
the Room, Room Items, Shared Items or Shared Areas where such damage is
caused by an act or omission of the Student or any failure by the Student to observe
or comply with his/her obligations under this Agreement.
6.3.9
accept responsibility for the actions and behavior of the Student's visitors and guests
and should any visitor or guest cause any damage to the Room, Room Items, Shared
Items or Shared Areas then the Student will be responsible for the reasonable cost of
making good such damage.
6.3.10
where damage to the Room, Room Items, Shared Items or Shared Areas is caused
by unidentified parties, the Licensor reserves the right to recover the cost of such
damage from all Residents jointly excepting only any student who is able to
demonstrate with reasonable certainty that neither they nor their guests or visitors
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caused the relevant loss or damage (for example by evidencing that they were not at
the Residence when the damage was caused).
6.4
Student's Own Belongings and Equipment
6.4.1
only keep or use items which are the sort of item normally kept by students in
residences of this type (“qualifying items”).
6.4.2
keep any such qualifying item in a safe condition, use it in a safe and proper manner
and ensure that any electrical equipment brought into the Residence is at all times
safe for use.
6.4.3
allow the Licensor on request to inspect any qualifying item and if upon such
inspection any such qualifying item is found to be unsafe or uncertified (if electrical) or
if in the reasonable opinion of the Residence Management it is not a qualifying item
then immediately cease using it and within a designated time remove it from the
Residence (and if the Student fails to remove such qualifying items from the
Residence within a reasonable period the Licensor reserve the right to enter the
Room or the Residence and remove such qualifying item itself).
Note : The Licensor cannot accept liability in respect of any loss damage or
theft of the Student’s belongings and the Student is therefore strongly
recommended to obtain adequate insurance for his/her personal belongings
and equipment.
6.5
Nuisance
6.5.1
not cause any excessive or unnecessary noise anywhere in the Residence.
6.5.2
not cause any noise in the Room which is audible outside of the Room.
6.5.3
not cause any other Resident or occupier of any neighbouring property any
disturbance, distress, annoyance, inconvenience or damage to their property.
6.5.4
not keep or use anywhere in the Residence or its neighbourhood drugs, the
possession or use of which is prohibited by statute (including but not limited to, the
Misuse of Drugs Act 1971) or legal highs including MPS but not including alcohol or
tobacco.
6.5.5
not keep or use any firearms, offensive weapons, explosive or flammable materials.
6.5.6
not tamper with any fire fighting equipment or any other safety equipment, prop open
any fire doors or disengage door closure mechanisms in the Residence.
Note: Any interference with fire or other safety equipment or use of drugs or
legal highs or other breaches of the obligations in this Agreement will be
referred to the Hall Co-ordinator and may result in substantial fines or
immediate termination of this Agreement in accordance with the University
Student Code of Conduct and Disciplinary Procedure.
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6.5.7
notwithstanding any repercussions in accordance with the University's Code of
Conduct, if a Student sets off a fire alarm without due cause (even if accidentally)
resulting in attendance of the emergency fire services or the evacuation of the
Residence, pay on demand for any reasonable related costs incurred by the Licensor.
6.6
Proper Use of the Room and Shared Areas
6.6.1
use the Room for residential purposes only.
6.6.2
not prepare or cook food in the Room or keep or use open deep fat frying equipment
anywhere in the Residence.
6.6.3
use the Shared Areas, Shared Items and Room Items in a responsible and careful
manner and for the purpose(s) for which they were designed to be used.
6.6.4
not wash, dry or hang laundry in the Room (except small items on an occasional
basis).
6.6.5
not exceed the total load capacity of the electric sockets in the Room which is
approximately one kilowatt in total.
6.7
Other Requirements
6.7.1
comply with any reasonable request or instruction relating to the use and occupation
of the Residence which may be issued from time to time by any member of the
Residence Management and any officer of the emergency services in attendance.
6.7.2
afford due courtesy and respect to any member of the Residence Management, other
Residents and members of the public at the Residence.
6.7.3
(unless prior specific arrangements have been made with the Hall Co-ordinator in
advance) ensure that all visitors leave the Residence before midnight.
6.7.4
not keep any animal(s) or any pets anywhere in the Residence.
6.7.5
not park or allow visitors to park any vehicle in any parking space in or neighbouring
the Residence unless the Student holds a valid parking permit for such space issued
by the Residence Management.
6.8
Agreement Personal to Student:
not at any time assign the benefit of all or any part of this Agreement or part with or share
occupation of the Room.
6.9
At the end of this Agreement:
when this Agreement comes to an end (however that may be):
6.9.1
notify the Accommodation Office to facilitate the inspection of the Room and
assessment of the Final Inventory and Damage Deposit Form.
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6.9.2
vacate the Room and remove all personal belongings from the Residence and leave
the Room and Room Items in the state and condition required by the Student’s
obligations under clause 6.3 of this Agreement.
6.9.3
at the option of the Student (but without the Student being obliged to do so),
accompany the Residence Management on an inspection of the Room and, if
satisfied, sign and return to the Accommodation Office the completed Final Inventory
and Damage Deposit Form which may then (if appropriate) be used to obtain a refund
of the Deposit in accordance with, but subject to, clause 9.5. Should the Student fail
to attend such inspection and/or sign and return the Final Inventory and Damage
Deposit Form within this time period the Student shall be deemed to have accepted
the Final Inventory and Damage Deposit Form as presented by the University unless
they formally object as per the following provisions. If the Student disputes the
content of the Final Inventory and Damage Deposit Form they must raise this
objection at the inspection with the University and, following such objection, both
parties shall, acting reasonably, seek to agree a replacement Final Inventory and
Damage Deposit Form (if reasonably necessary) as soon as practicable thereafter
and in the absence of agreement such matter shall be determined by the Head of
Accommodation (whose decision shall be final and binding).
6.9.4
give to the Accommodation Office all keys to the Residence and swipe cards, fobs
issued to the Student and for any such item not returned pay the Licensor the
designated administrative/replacement charge on demand.
6.9.5
the Student acknowledges and agrees that until the keys to the Room are returned,
the Deposit will be withheld in accordance with clause 9.5.4.
6.9.6
if any of the Student's personal possessions are left in the Room/Residence after this
Agreement has ended, the Student will be responsible for meeting all reasonable
removal and storage charges. The Licensor will take reasonable steps to notify the
Student at his/her last known address of any remaining items but if the items are not
collected within 14 days of notice being given to the Student the Licensor may
dispose of the items and the Student will be liable for the reasonable costs of
disposal. The cost of removal, storage and disposal may be deducted from the
Deposit.
6.10
Expenses related to Breaches of this Agreement or for Recovering Possession:
unless a court orders otherwise, pay on demand all reasonable expenses, fees and costs
(including legal and bailiff’s fees and disbursements and the cost of court proceedings) incurred
by the Licensor or the University in connection with:
6.10.1
collecting or attempting to collect any sums which are due but unpaid by the Student
under this Agreement, including (without limitation) arrears of the Residence Fee or
any other sums due under clause 8.3.
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6.10.2
ensuring that the Student gives up occupation of the Room once he/she is no longer
entitled to occupy; and
6.10.3
6.11
seeking redress for any breach of the terms of this Agreement by the Student.
Keep the Accommodation Office informed:
6.11.1
inform the Accommodation Office of any damage to the Room, Residence, Room
Items, Shared Items or Shared Areas as soon as it is discovered.
6.11.2
inform the Accommodation Office of a person to contact in the event of an
emergency.
6.11.3
Without prejudice to any course of action by the Licensor, any breach of any of the
terms in this clause 6 may be referred by the Residence Management to the Licensor
and may be dealt with in accordance with the University's Code of Conduct.
7
THE LICENSOR’S OBLIGATIONS
The Licensor will provide the following facilities and services for the Duration (except to the
extent that any of them are the subject of the Student’s obligations in this Agreement) but it is
agreed that the Licensor shall not incur any liability for any temporary failure or interruption in the
provision of any of the facilities or for any loss arising from such failure or interruption which
arises for reasons beyond the Licensor’s reasonable control:
7.1
maintenance and repair of the Residence.
7.2
operation, inspection, servicing and repair of plant, machinery and equipment in the Residence
which belongs to the Licensor.
7.3
provision, repair and maintenance of those Shared Items as defined in the Definitions and
Interpretations (but not any other Items).
7.4
provision of the Room Items at the beginning of the Duration.
7.5
periodic cleaning of and removal of rubbish from the Shared Areas.
7.6
provision of fire fighting equipment (if required by legislation) in the Shared Areas and the
payment of all charges in connection with its rental, installation and maintenance.
7.7
an adequate supply of hot water for normal domestic use.
7.8
adequate heating in the Residence having regard to prevailing weather conditions.
7.9
operation of the Residents’ complaints procedure in the form set out at
www.plymouth.ac.uk/student-life/your-studies/essential-information/complaints-appeals-andconduct, as amended from time to time.
7.10
Appointment of a Hall Co-ordinator or Resident Assistants who shall reside in the Residence
throughout the Duration, and who shall be responsible for the discipline of Residents at the
Residence.
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8
LICENSOR'S RIGHTS TO TERMINATE
It is agreed by both the Licensor and the Student that:
8.1
The Licensor is entitled to terminate this Agreement and following such termination the
Student will vacate the Room within 24 hours of receipt of written notice from the
Licensor:
8.1.1
if any Instalment or other sum under this Agreement shall be due but unpaid for 21
days (whether demanded or not); or
8.1.2
if the Student (for whatever reason) ceases to pursue a course of study or to be
registered as a student at the University; or
8.1.3
if the Student commits a serious breach of the obligations under this Agreement and
(in the case of a serious breach which is capable of remedy) having received notice
from the Licensor requiring the Student to remedy such breach within a reasonable
period, failure to remedy that breach within the time frame specified; or
8.1.4
if the Student is repeatedly or persistently in breach of the terms of this Agreement,
and having received notice from the Licensor that they will terminate this Agreement
upon further breach, you further breach such terms and conditions of this Agreement;
or
8.1.5
if the Student's Voluntary Agreement is terminated. Where the termination of the Voluntary
Agreement is not as a result of the default of the Student the University agrees to provide
alternative accommodation to the Student and both parties agree to enter into a new
agreement in relation to that alternative accommodation, largely based on the terms of this
Agreement in so far as relevant, but with a full licence fee payable.
Where the Voluntary
Agreement is terminated for a reason other than the default of the Student it is agreed the
Student shall not be required to vacate the Room under this clause 8.1.6 until such time as the
new agreement is entered into.
8.2
In the event the Licensor terminates this Agreement pursuant to clause 8.1 the Student
continues to be liable for payment of the Residence Fee in accordance with and in the manner
and times provided in clause 5. The Licensor will take reasonable steps to reduce its losses by
trying to re-licence the Room to a Suitable Replacement Person. If the Licensor identifies a
Suitable Replacement Person and such person completes a licence to occupy the Room in
substantially the same form as this Agreement the Student shall not be liable for any part of the
Residence Fee due after the date of the new licence agreement and the Licensor agrees to
repay any part of the Residence Fee paid by the Student and which relates to a period covered
by the new licence agreement subject to a deduction in respect of any other sums due in
accordance with this Agreement.
8.3
If the Student breaches this Agreement or fails to fulfill any of their obligations under this
Agreement, the Student must pay all reasonable costs, expenses and losses incurred by the
Licensor and/or the University as a result of the breach. This includes paying on demand all
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reasonable and proper costs and expenses (including legal costs and disbursements) incurred
by the Licensor or the University in connection with proceedings relating to the recovery of the
arrears of the Residence Fee or any breach of the Student's obligations.
8.4
If the Licensor terminates this Agreement any rights or remedies of the Licensor in respect of any
breach of the terms of this Agreement by the Student will remain enforceable by the Licensor.
9
STUDENTS RIGHT TO TERMINATE
9.1
The Student may only terminate this Agreement if:
9.1.1
there are exceptional circumstances which prevent the Student occupying the Room
as determined by the Head of Accommodation Office acting reasonably; or
9.1.2
a Suitable Replacement Person has been allocated to the Room by the Head of
Accommodation in accordance with clause 9.3.
9.2
If no Suitable Replacement Person is found and allocated to the Room then until such time as a
Suitable Replacement Person is found and allocated to the Room this Agreement will continue
and the Student will remain liable to pay the Residence Fee (in accordance with and in the
manner and terms provided in clause 5).
9.3
If the Student wishes to vacate the Room they shall notify the Head of Accommodation in writing
and the University agrees to take reasonable steps to re-license the room to a Suitable
Replacement Person. The Student shall pay a reasonable administrative charge (as notified by
the Accommodation Office but not exceeding £250 in each case). Until such person is found the
Student continues to be liable pursuant to clause 9.2 above. If the University identifies a
Suitable Replacement Person and such person completes a licence to occupy the Room
substantially in the same form as this Agreement the Student shall not be liable for any part of
the Residence Fee due after the date of the new licence agreement and the University agrees to
repay any parts of the Residence Fee paid by the Student which relates to a period covered by
the new licence agreement subject to a deduction in respect of any other sums due in
accordance with this Agreement.
10
OTHER MATTERS
10.1
Licensor not liable for damage/theft
10.1.1
The Licensor cannot accept responsibility and excludes liability for any loss, damage
or theft (however arising) incurred by the Student as a result of any breach by the
Licensor of this Agreement or any other act or omission of the Residence
Management (except to the extent caused by the Licensor’s or the Residence
Management's negligence or willful default).
10.1.2
If despite clause 9.4.1 the Licensor is found to be liable to the Student the liability
shall be limited to the Instalments actually paid to the Licensor (except in the case of
liability resulting from the Licensor’s or Residence Management's negligence or willful
default).
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10.2
Deposit and Compensation for Breaches
10.2.1
The Licensor shall hold the Deposit and be entitled to draw on the Deposit at any
time:
(a)
to pay any sum which is due but unpaid by the Student under this Agreement
(b)
to obtain a sum in order to make good any damage to the Room, Room Items,
Shared Items, Shared Areas or the Residence and for which the Student is
liable under the terms of this Agreement
(c)
to replace any Room Items which may be missing from the Room or Shared
Items from the Shared Areas
(d)
to pay for the Room and the Room Items to be cleaned if the Student is in
breach of their obligations in this regard
(e)
to obtain a sum in reasonable compensation for any other non-compliance by
the Student with his/her obligations under this Agreement and/or
(f)
to cover any reasonable administration charge or fines levied by, the Licensor
or the University on the Student in accordance with this Agreement.
10.2.2
The Licensor shall give notice to the Student of any amount claimed and the amount
withdrawn under clause 9.5.1 and, if the Licensor at its discretion so demands, the
Student shall pay to the Licensor the amount of such withdrawal in order that the
Deposit is restored.
10.2.3
The shortfall between any withdrawal from the Deposit and the full amount of any
sum referred to in clause 9.5.1 will be payable by the Student to the Licensor on
demand.
10.2.4
As soon as reasonably possible after the end of this Agreement and upon receipt by
the Accommodation Office of the duly completed Final Inventory and Damage
Deposit Form signed by the Student and the keys to the Room, the Licensor will pay
to the Student a sum equal to the Deposit less any deductions made in accordance
with this clause 9.5 (if any).
10.3
Right of Entry: The Licensor shall have the unobstructed right for anyone authorised by the
Licensor (including the University and the police) to enter the Room at all reasonable times, or at
any time in an emergency, for any purpose connected with this Agreement or its operation.
When practical 24 hour notice will be provided. Without prejudice to the generality of the
foregoing the Licensor shall be permitted to enter the Room in order to:
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(a)
inspect the condition and state of repair of the Room;
(b)
carry out the Licensor's obligations under this Agreement;
(c)
carry out repairs or alterations to an adjoining Room or part of the Residence;
12
10.4
(d)
take gas, electricity or water meter readings;
(e)
show prospective licensees around the Room; and
(f)
check on the welfare of the Student or any other Resident.
Works: The Licensor reserves the right to carry out or to commission any maintenance,
alterations or building works in the Residence or on adjoining or neighbouring property and the
Licensor shall not be liable for any disturbance or inconvenience caused to the Student by such
works. The Licensor will attempt to minimise inconvenience and wherever possible will ensure
that such works are done between 8.00 a.m. and 8.00 p.m.
10.5
Actions against Other Students: The Student cannot in any circumstances compel the Licensor,
the University, the Accommodation Office or the Residence Management to take action against
any other student in relation to breaches of that student’s Student Residence Agreement.
10.6
Alternative Accommodation: The University reserves the right at any time during the Duration to
move the Student to alternative accommodation in the Residence or elsewhere PROVIDED
THAT:
10.6.1
the Student is given at least 24 hours' notice save in the case of an emergency or
where the Head of Accommodation believes the welfare of the Student or other
Residents is at risk in which case the Student can be moved immediately after they
have been given written notice;
10.6.2
the alternative accommodation is suitable as student accommodation and
10.6.3
the Student will occupy the alternative accommodation pursuant to a new agreement
on the same terms as this Agreement so far as relevant.
10.7
Frustration: In the event that the Room is damaged or destroyed by fire or such other risks as the
Licensor shall have insured (or procure insurance) against from time to time so as to be unfit for
occupation and use (and the payment of the insurance money is not refused in whole or in part
by reason of any act or default of the Student or anyone at the Room expressly or by implication
with the Student’s authority) then either party may at any time thereafter (but before the Room is
reinstated so as to be fit for occupation and use) terminate this Agreement by immediate notice
to the other parties to that effect.
10.8
VAT: All amounts payable by the Student pursuant to this Agreement are exclusive of value
added tax (“VAT”) chargeable in respect thereof and the Student shall in addition pay any VAT
thereon and further should the Licensor appoint a third party to perform its obligations under this
Agreement and this third party charges VAT in respect of their services, the Student shall in
addition pay an amount equal to this VAT.
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