ACCOMMODATION AGREEMENT SOLE OCCUPANCY SHARED FACILITIES

Transcription

1 ACCOMMODATION AGREEMENT SOLE OCCUPANCY SHARED FACILITIES THIS CONTRACT creates legally binding obligations between FALMOUTH EXETER PLUS and you the Student. Please read this contract carefully and make sure you understand all the terms and conditions before you accept the offer of accommodation. THIS CONTRACT is governed by English law, which international students may find is quite different to the law which applies in their own country. Take advice before signing if you feel you need it. THIS CONTRACT is made between FALMOUTH EXETER PLUS and the Student detailed below in Student details. BACKGROUND A The Property Owner owns the Residence B The Residence is let to FALMOUTH EXETER PLUS C FALMOUTH EXETER PLUS acts on behalf of the University of Exeter (Penryn Campus) and Falmouth University as authorised agent of the Head lease Scheme D FALMOUTH EXETER PLUS agrees to licence the part of the Residence to you the Student 1 DEFINITIONS Falmouth Exeter Plus Head lease Scheme University The Property Owner: Accommodation Residence Common Parts Contents Inventory FALMOUTH EXETER PLUS is a company jointly owned by Falmouth University and the University of Exeter. The company is an exempt charitable company limited by guarantee. Registered in England and Wales No Scheme for the provision of additional student accommodation for students of Falmouth University and University of Exeter (Penryn Campus). Falmouth University or University of Exeter (Penryn Campus) First Step Homes Ltd, 30 Whiteladies Road, Clifton, Bristol, BS8 2LG A single furnished study bedroom and shared facilities at the Residence to be allocated on or before the Student's arrival. The View, New Street, Falmouth, TR11 3LQ Any shared kitchen, common or other room allocated to the Accommodation and those parts of the Residence which are necessary for the purpose of gaining access to the Accommodation The Property Owner's fixtures, fittings and equipment in the Residence The inventory agreed with the Student upon the Student taking up occupation of the Accommodation Deposit Payment Date(s) Period of Residence Residence Charge Services The dates specified in FALMOUTH EXETER PLUS s offer of Accommodation The Period of Residence specified in FALMOUTH EXETER PLUS s offer of Accommodation The amount specified in FALMOUTH EXETER PLUS s offer of Accommodation payable in instalments shown in FALMOUTH EXETER PLUS s offer of Accommodation in advance on or before the Payment Dates (and this sum includes the prices of the Services, please refer to your handbook). The services provided by the Property Owner in relation to the Residence being: (a) repair of the Residence (b) lighting and heating of the Residence

2 Student Guarantors (c) supply of hot and cold running water to the Residence (d) electricity and gas supply (where applicable) to the Residence (e) insurance of the Residence (building and contents provide by the Property Owner ) The student named in FALMOUTH EXETER PLUS s offer of Accommodation, whose home address shall be stated in the Student s application The student must nominate at least 1 guarantor who must input their contact details to the student s Room Service account. The guarantor agrees to meet any outstanding costs that exceed the set deposit. Relations and married partners will be accepted as guarantors. FALMOUTH EXETER PLUS s Offer of accommodation The offer made by FALMOUTH EXETER PLUS to the Student to allow the Student to occupy the Accommodation for the Period of Residence Students Rights (a) to occupy the Accommodation (b) to use the Contents (c) to use the Common Parts (d) provision of the Services The clause headings in this Contract are for convenience only and do not form part of the Contract. 2 PERIOD OF CONTRACT 2.1 THIS CONTRACT comes into effect when it has been accepted by the Student, a 300 security deposit has been paid and the details of at least one guarantor entered into the Student s Room Service account. This contract ends on the last day of the Period of Residence unless it is terminated earlier in accordance with clause FALMOUTH EXETER PLUS agrees to grant the Student Rights to the Student during the Periods of Residence on the conditions set out in this contract. 2.3 The Student shall occupy the Accommodation under the terms of this contract and the Student acknowledges that no relationship of landlord and tenant is created between FALMOUTH EXETER PLUS and the Student by this contract The headings are for convenience only and do not form part of the Contract 3 STUDENT S OBLIGATIONS NON-SMOKING 3.1 The Student is advised that the residence is non-smoking. GUESTS/ VISITORS OF THE STUDENT 3.2 The Student is responsible for the conduct of any visitor(s)/guest(s) s/he invites to the Residence. PAYMENTS 3.3 To pay the Residence Charge to FALMOUTH EXETER PLUS in advance, on or before the Payment Dates set out in the Accommodation offer. 3.4 To pay the Deposit to FALMOUTH EXETER PLUS on behalf of the University before this contract comes into effect. MAINTAIN THE CONDITION OF THE ACCOMMODATION, COMMON PARTS AND CONTENTS 3.5 To keep the Accommodation and (jointly with other students) the Common Parts and the Contents in a clean and tidy condition, to use them properly and carefully; and not to damage them. FALMOUTH EXETER PLUS may give the Student written warning if the Accommodation and/or the Common Parts and/or the Contents need to be cleaner and tidier. If there is no improvement on the date of the follow up visit specified in the notice, FALMOUTH EXETER PLUS shall be entitled to hire cleaners to do the work and recover the properly and reasonably incurred costs of doing so from the Student in the case of the relevant Common Parts and their

3 Contents. 3.6 To leave the Accommodation in a clean and tidy condition and cleared of all the Student s belongings and return all keys at the end of the Period of Residence or earlier termination of this contract. 3.7 To keep the inside of the Accommodation and (jointly with other Students) the Common Parts and the Contents in as good condition as it is in at the start of the Period of Residence as recorded on the schedule at the start of the Contract. ENTRY TO THE ACCOMMODATION 3.8 FALMOUTH EXETER PLUS, its authorised agents and employees, reserve the right to enter the Residence at any time for any purpose. 3.9 The Property Owner and its authorised agents or employees reserve the right to enter the Residence in event of an emergency, and at the request of FALMOUTH EXETER PLUS The Student acknowledges that FALMOUTH EXETER PLUS retains control possession and management of the Residence, the Accommodation and the Common Parts and that they the Student have no right to exclude FALMOUTH EXETER PLUS from the Residence, the Accommodation or the Common Parts 3.11 FALMOUTH EXETER PLUS shall be entitled at any time on giving not less than 14 days notice to require the Student to transfer to accommodation elsewhere within the Residence or within an alternative residence. COMPLIANCE WITH LEGISLATION, RULES AND REGULATIONS 3.12 To comply with all applicable legislation so as to avoid the Student s actions or negligence having an adverse effect on FALMOUTH EXETER PLUS, the University, the Property Owner or on the owners or occupiers of nearby property 3.13 To comply with FALMOUTH EXETER PLUS s policies rules and regulations from time to time supplied to the Student and the Institution s General Regulations. See: or your Institution s website 3.14 To pay to FALMOUTH EXETER PLUS all costs reasonably incurred (including FALMOUTH EXETER PLUS s management and administrative costs and professional fees) by FALMOUTH EXETER PLUS in enforcing the Student s obligations or arising from a breach of them. STUDENT CONDUCT 3.15 Not to cause nuisance, distress, disruption, offence or persistent disturbance to other residents or neighbours of the property. Noise nuisance between the hours of and will be treated as a serious breach of these terms and conditions and may lead to early termination of this Contract under clause 5 and/or disciplinary action under the FALMOUTH EXETER PLUS Regulations and/or disciplinary action under the General Regulations of the University 3.16 No Student shall behave in a violent, intimidating, harassing or aggressive manner towards others. Such behaviour will be treated by FALMOUTH EXETER PLUS as a serious breach of this Contract, which could give rise to its early termination under clause 6 and/or disciplinary action under the FALMOUTH EXETER PLUS Regulations and/or disciplinary action under the General Regulations of the University, should the actions of the Student bring the University into disrepute No item which is an offensive weapon (including: fire arm, air rifle, cross bow or martial art aid) or which is likely to be used as an offensive weapon or which is an imitation or replica of an offensive weapon shall be brought into FALMOUTH EXETER PLUS residence or campus grounds. Failure to comply with this clause will be treated by FALMOUTH EXETER PLUS as a serious breach of this Contract, which could give rise to its early termination under clause 6 and/or disciplinary action under the FALMOUTH EXETER PLUS Regulations and/or disciplinary action under the General Regulations of the University Not to bring any animal into the Residence unless it is a recognised assistance animal for a disabled person, for which the prior authorisation of FALMOUTH EXETER PLUS and the Landlord must be obtained. Students will be responsible for the proper care and control of assistance animals and any damage or nuisance which the animal causes DAMAGE OR LOSS 3.19 To immediately report an emergency to the Residence, Common Parts or the Accommodation to the Property

4 Owner, and in the event of the Property Owner being unavailable report the emergency to Glasney Lodge on the Penryn Campus To report promptly to the Property Owner any damage or want of repair to the Residence, the Common Parts or the Accommodation or failure of the Services within 24 hours of becoming aware of it. In the event of the Property Owner being unavailable please report the emergency to the Glasney Lodge on the Penryn Campus To take proper precautions to prevent the escape of water from the Accommodation and to report any such leaks promptly to the Property Owner 3.22 To notify FALMOUTH EXETER PLUS in advance if the Accommodation is likely to be unoccupied for more than seven days The Student will, within 28 days of receiving FALMOUTH EXETER PLUS's original invoice, pay for or replace (on a like for like basis and in every case only where the Property Owner has consented to replacement in place of payment): broken glass; any Contents which are damaged, destroyed or lost; and any components of electrical, heating or other appliances which become defective due to misuse Where damage or loss occurs at the Residence and it is not possible for FALMOUTH EXETER PLUS (acting reasonably) to ascertain who is at fault, to pay a fair and reasonable proportion of the cost of repairing the damage or reinstating the loss including a proportion of the 50 administration fee To check the Accommodation and report any discrepancy in the inventory to FALMOUTH EXETER PLUS within 48 hours of taking occupation. If the Student does not report any damage, or missing items, at the start of the occupancy the Student may not be able to rely on the inventory at a later date to prove that the damage was not the Student's fault. PASS ON NOTICES 3.26 Within seven days of receipt, the Student will give to FALMOUTH EXETER PLUS Accommodation Office a copy of any notice, order or legal proceedings relating to the Residence received by the Student from any government department, local or public authority or other party. USE OF THE PREMISES 3.27 Not to do anything which may cause damage to the electrical or gas installation or equipment in the Residence or which may be a fire risk or in any other way put the health and safety of others or FALMOUTH EXETER PLUS s or other people s property at risk. Causing or increasing fire, health and safety or security risks will be treated by FALMOUTH EXETER PLUS as a serious breach of this Contract, which could give rise to its early termination under clause 5 and/or disciplinary action under the FALMOUTH EXETER PLUS Regulations and/or disciplinary action under the General Regulations of the University. The Student will remove from the Residence any item which FALMOUTH EXETER PLUS reasonably considers unsafe. FALMOUTH EXETER PLUS will provide the Student with the opportunity to have electrical equipment tested by an approved electrician within the first weeks of occupation, but FALMOUTH EXETER PLUS may charge the student for the testing in such cases To keep gullies, waste pipes and drains free from obstruction 3.29 Not to bring any dangerous article into the Residence 3.30 Not to share the Accommodation or allow any other person to occupy the Accommodation. Unauthorised occupation of the Accommodation will be treated by FALMOUTH EXETER PLUS as a serious breach of this Contract, which could give rise to its early termination under clause 5 and/or disciplinary action under the FALMOUTH EXETER PLUS Regulations and/or disciplinary action under the General Regulations of the University Not to cause any obstruction of the Common Parts. Obstruction of fire escape routes, tampering with equipment, bringing additional furniture into the Accommodation or otherwise causing or increasing the risk of fire will be treated as a serious breach of these terms and conditions and may lead to early termination of this Contract under clause 5 and/or disciplinary action under the FALMOUTH EXETER PLUS Regulations and/or disciplinary action under the General Regulations of the University An administrative & service charge of up to 90 plus VAT will be levied against anyone found to have tampered with, covered or removed any sensors and detectors relating to fire safety equipment An administrative and service charge of up to 90 plus VAT will be applied to the tenant if a member of staff is

5 required to attend site as a result of a false fire alarm activation 3.34 An administrative and service charge of up to 40 plus VAT per hour will be applied to the tenant if a member of staff is required to attend site as a result of anti-social behaviour complaint(s) 3.35 Any or all of the charges listed in 3.32, 3.33 & 3.34 may be waived at the discretion of the landlord NO ALTERATIONS 3.36 The Student will not: alter or add to the Residence internally or externally decorate the exterior of the Residence change the décor of the interior of the Residence erect any external aerial or satellite dish at the Residence or fix anything to the walls of the Residence without FALMOUTH EXETER PLUS's written prior consent 3.37 Not to bring additional furniture (including cookers and fridges) into the Residence unless agreed with the Operations Manager in writing. PRIVATE RESIDENTIAL USE ONLY 3.38 Not to use the Accommodation for business or any purpose other than a study bedroom and not to use any other part of the Residence for any other purpose other than as a student residence. GUESTS/ VISITORS OF THE STUDENT 3.39 Notwithstanding clause 3.30, visitors/guests are allowed. However the student is responsible for ensuring that the number of visitors/guests in the Accommodation does not exceed a maximum of four at any one time during the day until Overnight visitors/guests are restricted to one per Accommodation and the Accommodation Office must be notified of overnight visitors/guests. Residents wishing for a guest to stay longer than three nights must request this in writing. PAYMENT OF COUNCIL TAX 3.40 To pay Council Tax for the Accommodation if at any time the Student is not exempt and to reimburse FALMOUTH EXETER PLUS for any Council Tax it has to pay for the Residence as a result of the Student failing to maintain his/her exemption. SECURITY OF THE RESIDENCE 3.41 Not at any time to leave the Accommodation unoccupied without locking the doors and windows Not to leave the Residence main entrance open or unlocked or to allow anyone to enter who is not a resident, the Property Owner or an authorised agent of the Property Owner or a representative of FALMOUTH EXETER PLUS carrying identification, or accompanied by a resident or representative. Nothing in this clause requires the Student to put themselves at any risk if anyone attempts to force entry. In such circumstances, the Student should not resist but should report the incident at the earliest possible opportunity to the police and FALMOUTH EXETER PLUS. 4 FALMOUTH EXETER PLUS OBLIGATIONS PROVISION OF SERVICES 4.1 To procure the provision of the Services, as stated. RETURN OF DEPOSIT 4.2 To return the Deposit to the Student (after making any proper deductions, including any bank fees for direct transfer) as soon as possible after the termination of this contract and after the damage returns have been completed. USE OF ACCOMMODATION 4.3 Not to interrupt the Student s occupation of the Accommodation more than is reasonably necessary. USE OF PERSONAL INFORMATION

6 4.4 Not to disclose personal information obtained from the Student except as permitted by clause 5.3 of this contract or where there is a perceived serious risk of harm to the Student, to others, or to FALMOUTH EXETER PLUS s, the University or other people s property. CONFISCATED PROPERTY 4.5 To give a receipt for any of the Student's property which is confiscated under the terms of this Contract. IDENTIFICATION OF STAFF AND CONTRACTORS 4.6 To ensure that any FALMOUTH EXETER PLUS Staff or Contractors requiring access to the Accommodation or Common Parts within the Residence carry, and allow the Student to inspect, appropriate identification documents. USE OF EQUIPMENT 4.7 To ensure clear and appropriate instructions for use are given for any equipment which the Student needs to operate in the Residence. 5 OTHER CONDITIONS CONSIDERATION FOR NEIGHBOURS & COMMUNITY 5.1 The student is expected by both FALMOUTH EXETER PLUS & the university to show property respect & consideration for their neighbours and community. Excessive amounts of noise and disruption is not acceptable at any time. The student is reminded to be especially quiet after and before Students with cars are expected to park considerately and not cause obstruction to their neighbours. USE OF PERSONAL INFORMATION 5.3 The Student hereby authorises FALMOUTH EXETER PLUS to use his/her personal data for all lawful purposes in connection with this contract (including debt recovery, crime prevention, allocating rooms or where there is a serious risk of harm to the Student or to others or to FALMOUTH EXETER PLUS s or other people s property). LIABILITY FOR DAMAGE AND REPAIR 5.4 FALMOUTH EXETER PLUS s liability for loss or damage to person or property is excluded unless the loss or damage is caused by FALMOUTH EXETER PLUS s negligence or breach of its obligations in this contract. 5.5 FALMOUTH EXETER PLUS is not liable to repair any damage caused by the Student unless the cost is met by insurance or by the Student (any excess on the policy being payable by the Student). This clause shall not apply to the extent that FALMOUTH EXETER PLUS has a statutory obligation to make the Residence safe. REMOVAL OF ARTICLES FROM ACCOMMODATION 5.6 FALMOUTH EXETER PLUS is entitled, at the Student s expense, to remove from the Accommodation or other parts of the Residence any article which constitutes an obstruction or a fire or health or safety risk or any illegal substance, or which is on display and likely to give serious offence to other people, but (unless perishable) will if requested return it to the Student on the termination of this contract. 5.7 FALMOUTH EXETER PLUS is entitled to remove any item left in the Residence by the Student at the end of each Period of Residence and shall not be obliged to return it to the Student unless it is reclaimed within 21 days. FALMOUTH EXETER PLUS will take reasonable steps to inform the Student where valuable items are concerned. NOTICES 5.8 Notices under this Contract must be in writing and FALMOUTH EXETER PLUS s address for service is given on the second page of this Contract. FALMOUTH EXETER PLUS may serve notice on the Student by leaving it at the Accommodation (unless FALMOUTH EXETER PLUS is aware that the Student has ceased to occupy the Accommodation) or by first-class post to the Student's last known address. THIRD PARTY RIGHTS 5.9 This Contract is not intended to confer any benefit to anyone who is not party to it.

7 WHOLE AGREEMENT 5.10 This Contract contains all the terms agreed to by FALMOUTH EXETER PLUS and the Student at the time it comes into effect and any variation to the terms will only be effective if agreed between the Student and the FALMOUTH EXETER PLUS Directors or other nominated representative. FALMOUTH EXETER PLUS will confirm any agreed variation to the Student in writing at the time the variation is made. USE OF DEPOSIT 5.11 FALMOUTH EXETER PLUS may use the Deposit in settlement or part-settlement of any breach by the Student of the Student s obligations in this contract. 6 TERMINATION OF THIS CONTRACT LATE ARRIVAL 6.1 (a) Unless the Student has made arrangements with FALMOUTH EXETER PLUS for late arrival this contract will automatically terminate (unless in exceptional circumstances beyond the individual s control when contact should be made with FALMOUTH EXETER PLUS at the earliest opportunity) if the Student has not taken up residence by the end of the first day of the Period of Residence and the Deposit will not be refunded. (b) If the Student has made arrangements with FALMOUTH EXETER PLUS for late arrival but has not taken up residence by the agreed late arrival date, this contract will automatically terminate on the agreed late arrival date and the Deposit will not be refunded. FALMOUTH EXETER PLUS' RIGHT OF TERMINATION 6.2 The FALMOUTH EXETER PLUS may terminate this contract at any time by serving notice on the Student if: (a) any payment is overdue by 21 days or more or; (b) the Student is in serious or persistent breach of any of the Student's obligations or; (c) the Student does not have status as a registered student of the University or; (d) in the reasonable opinion of FALMOUTH EXETER PLUS or the University the health or behaviour of the Student is perceived to be a serious risk to him/herself or others or FALMOUTH EXETER PLUS s or others property; and (except where the reason is related to the Student s health) FALMOUTH EXETER PLUS shall be entitled to charge the Student 110 towards the costs of administration and cleaning the Accommodation. STUDENT'S RIGHT OF TERMINATION 6.3 The Student may terminate this contract at any time by serving notice in writing on FALMOUTH EXETER PLUS but unless the reason for termination is a serious or persistent breach of any of FALMOUTH EXETER PLUS s obligations in this contract the notice shall not become effective until: (a) the Student has complied with all their obligations up to the date of termination; and (b) paid a fee of 110 (which may be deducted from the Deposit) towards FALMOUTH EXETER PLUS s costs of administration and cleaning the Accommodation; and (c) another student who is not already in FALMOUTH EXETER PLUS accommodation and who is reasonably acceptable to FALMOUTH EXETER PLUS enters into a replacement contract. FALMOUTH EXETER PLUS will endeavour to assist the Student in trying to find a replacement student. REFUND PROCEDURE UPON TERMINATION 6.4 If this contract is terminated early by either FALMOUTH EXETER PLUS or the Student, FALMOUTH EXETER PLUS will refund a fair proportion of pre-paid Residence Charge and the Deposit (after making any proper deductions) as soon as possible after the termination becomes effective. If FALMOUTH EXETER PLUS terminates under clause 6.2 the pre-paid Residence Charge will only be refunded for the period for which FALMOUTH EXETER PLUS is able to re-let the Accommodation and the Residence Charge will continue to be payable until it is re-let. RELOCATION OF STUDENT 6.5 (a) FALMOUTH EXETER PLUS reserves the right to relocate the Student to comparable alternative FALMOUTH EXETER PLUS accommodation where it is reasonable to do so but unless the reason for relocation is because the Student is in breach of one or more of their obligations in this contract the Student will have

8 the right to terminate this contract (without having to comply with the conditions in clause 6.3) as an alternative to relocating. (b) Where FALMOUTH EXETER PLUS relocates the Student because the Student is in breach of one or more of their obligations in this contract or where the relocation is made at the Student's request the Student shall pay to FALMOUTH EXETER PLUS an administration and cleaning charge of up to 110 excluding any damages charge and per student obligations. ACCEPTANCE OF KEYS 6.6 FALMOUTH EXETER PLUS' acceptance of the keys at any time shall not in itself be effective to terminate this Contract while any part of the Period of Residence remains unexpired. 7 DISCIPLINARY PROCEDURES 7.1 If a Student is in breach of the terms of his/her Residence Contract or the FALMOUTH EXETER PLUS Regulations, FALMOUTH EXETER PLUS may in its reasonable discretion take disciplinary action against them in accordance with FALMOUTH EXETER PLUS's Disciplinary Procedure. 7.2 This Contract does not affect the University s disciplinary powers. Serious or persistent breaches of the Student's obligations in this Contract may be reported by FALMOUTH EXETER PLUS to the University and the University shall be entitled to take any action under the University s disciplinary procedures as it may decide is appropriate in respect of any such breach. 7.3 FALMOUTH EXETER PLUS shall make the Disciplinary Procedures for FALMOUTH EXETER PLUS and the University available to all Students. 7.4 Nothing in this Contract or in the FALMOUTH EXETER PLUS Regulations shall prevent FALMOUTH EXETER PLUS from taking court proceedings where appropriate against a Student who is in breach of this Contract or from reporting a Student's actual or suspected criminal conduct to the police. 8 JURISDICTION 8.1 This Contract shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales. Student details Signed Date.. Full Name. Student i.d. no