Terms and conditions
Please read all of the conditions outlined. Particular attention should be paid to the following terms:
1.1 In this Agreement:
- “University” means University of the West of England, Bristol.
- “you” means the person named in the Offer as the Licensee.
- “Offer” means the offer of accommodation made to you by the University.
- “Room” means the room allocated to you by the University.
- “Building” means the building of which the Room forms part (and, where appropriate, the grounds).
- “Contents” means any fixtures, fittings, furnishings, equipment, plant and machinery, alarm and safety systems or other items whatsoever provided by the University at the Room or the Building.
1.2 The University will require you to share occupation of the Building with such person or persons as the University may nominate at its absolute discretion.
1.3 The University has the right to move you to such other alternative accommodation as the University may choose. The University must first give you reasonable notice.
1.4 If a vacancy occurs in the Building the University has the right to fill that vacancy without consulting you.
1.5 The University may agree to move you to different accommodation. The University does not have to agree to move you. If the University does agree to move you then the University will not charge you for considering your first request to move. If you ask the University to move you again and the University agrees to do so then you must pay the reasonable costs and expenses properly incurred by the University as a result of your request to be moved.
2. Your obligations
You agree with the University: -
2.1.1 To pay the Licence Fee to the University on the dates and in the manner specified in the Offer and all other sums due to the University under the terms of this Agreement.
2.1.2 To complete a direct debit or recurring card payment mandate prior to collecting the keys and to make sure that sufficient funds are held in the bank account on which it is drawn to meet the payment demands on the dates specified on the Offer. If you are unable to set up a direct debit or recurring card payment prior to your arrival you must pay the first terms rent prior to collecting keys.
2.1.3 To pay the University a deposit of £250 to secure your room. The University will allocate the sum received against the final licence fee instalment.
2.1.4 To pay the reasonable costs and expenses properly incurred by the University as a result of you failing to comply with your obligations in this Agreement. You must pay the University within a reasonable period of being asked to do so.
2.1.5 Please note that the Licence Fee payable for the Room already includes charges for the supply of electricity, light, power and any gas supplies but the University reserves the right to make a charge in respect of all or any of those supplies in the event that the cost to the University increases above that which applied at the date the amount of the Licence Fee was set by the University. In the event that the University determines to make an additional charge pursuant to this provision, it will give you written notice of it, setting out how the additional charge is calculated. You agree to pay any such additional charge on demand.
Condition of the Room, Building and Contents
2.2.1 When you first move in, to report to the University promptly, and where reasonably possible, within five working days, if the Room, Building or any Contents are in disrepair, damaged, defective, not in good condition or lost.
2.2.2 At any time, to report to the University promptly any disrepair, damage, defect or loss affecting the Room or the Building or the Contents.
2.3.1 To permit the University to supply information such as your name and last known or home address to suppliers of telephone services and to the relevant authority for the purposes of National Census or Council Tax assessment.
2.3.2 The University may in an emergency contact those identified by you as next of kin or ‘emergency contact’.
2.4.1 That all visitors invited into the Room or Building by you must comply with your obligations in this Agreement (except the obligation to pay the Licence Fee) and that you must pay all reasonable costs and expenses properly incurred by the University as a result of any of your visitors failing to comply with the terms of this Agreement.
2.4.2 That no visitors shall be allowed to remain in the Room or Building overnight except for one adult visitor unless by prior agreement with the Accommodation Manager. All visitors shall be 18 years of age or over and may stay overnight for a maximum of two nights in any consecutive seven nights. If the Building is staffed on-site or has a warden living in the Building you must complete a visitor’s form which must be approved in advance and given to on site staff or the duty warden. You must remain in the Room or Building whenever a visitor stays with you. All other visitors must leave the Room and Building by 23:30.
2.4.3 Not knowingly to allow anyone who has been banned by the University from entering University accommodation into the Room or the Building.
2.4.4 Not to give or lend or otherwise part with possession of your security pass, access card, key or any other means of secure access to the Room or Building to anyone else (other than returning them to the University).
2.5.1 To use the Room only as a dwelling and not to use the Room or Building for any profession trade or business.
2.5.2 To use the Room and the Building and the Contents in a responsible and tenant-like manner. This means you must take reasonable care of the Room and Building and Contents and that you must do all those things which a reasonable and responsible occupier would normally do. You are not required to do any repairs which would put the Room or the Building in a better state of repair or decoration than at the start of this Agreement and you are not responsible for fair wear and tear.
2.5.3 Not to use the Room or Building for any illegal purpose.
2.5.4 To keep your Room and other areas of your dwelling in a reasonable condition so as to provide a safe environment for colleagues, University employees and contractors inhabiting or visiting.
Storage and contents
2.6.2 Not to store in the Room or the Building unreasonable amounts of rubbish and to ensure that rubbish is removed from the Room or the Building at least twice every week.
2.6.3 Not to cook in the Room and not to bring or keep in the Room any hot plate, toaster, rice cooker, microwave oven, deep-fat fryer, kettle or other cooking appliance.
2.6.4 All electrical appliances brought into the Room or Building must meet safety standards for items of that type set by any Act of Parliament or any regulations made under any Act of Parliament. For all electrical appliances, even where the University gives consent, you will be responsible for ensuring the item is safe and used only in accordance with the manufacturer’s operating instructions. You must not allow anyone else to use the item.
2.6.5 Not to bring into the Room or Building any furniture, fittings, mattresses, washing machines, dryers, microwaves or refrigeration equipment without first obtaining the University’s prior consent. The University will not unreasonably withhold that consent (subject to 2.6.3 above).
2.6.6 Not to hang clothes or other articles outside the Room or Building and not to dry clothes on any electrical equipment or heaters.
2.6.7 Not to bring shopping trolleys, traffic cones or other similar articles into the Room or Building.
2.6.8 Not to bring any bicycles into the Room or Building but to keep them in the bicycle store provided within the grounds of the Building.
2.6.9 Not to construct, repair or maintain any motor vehicle or bicycle inside the Room or Building.
2.6.10 Not to keep or allow to be kept any pet or animal in the Room or Building.
Nuisance and Illegal behaviour
2.7.1 Not to do anything in the Room or the Building which is illegal or which may be or become a nuisance or annoyance to other occupiers of the Building or nearby property or to any other people at any time, examples of such behaviour include (but are not only) the following:
2.7.2 Not to allow or cause any music or noise to be audible outside the Building between the hours of 23:30 and 08:30 or at other times which might be a nuisance or annoy other occupiers of the Building or nearby property;
2.7.3 Not to behave in an aggressive way. Any aggression whether verbal or physical will not be tolerated; this includes comments made via social media and networks.
2.7.4 Not to use items (whether or not the item itself is legal) such as laser pointers in a way that is or may be or become a nuisance or that is or may be illegal;
2.7.5 Not to bring to the Room or the Building or keep or use any illegal drugs including new psychoactive substances (formerly referred to as legal highs) or any equipment or drugs paraphernalia whatsoever which may be used in connection with illegal drugs;
2.7.6 Not to bring into the Room or the Building or keep or store any food or drink which is illegal in the United Kingdom or which has been brought into the United Kingdom illegally whether imported by you or anyone else in breach of United Kingdom customs rules and regulations.
If you are in breach of the above or if the University reasonably believes you to be in breach of the above, the University will take action under its own disciplinary procedures including entering your Room to confiscate items such as musical equipment laser pointers or drugs and drugs paraphernalia, and the University will also notify the Police (as appropriate).
Posters, signs and advertisements
2.8.1 Not to display, distribute or leave any advertisement, sign, flyer or notice on the Room or anywhere in the Building. You must not attach posters to the walls inside the Room, but you may, with the prior approval of the University’s accommodation manager, attach posters, signs and notices to the noticeboards provided by the University.
Fire safety and general safety regulations
2.9.2 Not to light candles and not to burn anything in the Room or the Building whatsoever. Burning any items is likely to set off the smoke alarm and/or cause fire or other damage.
2.9.3 Not to leave any cooking unattended, including hob or oven unattended when in use and to ensure that the hob and oven is turned off after use.
2.9.4 To keep all fire doors closed and not to wedge or prop them open.
2.9.5 Not to obstruct access to the Room of the Building and to keep hallways and landings fire escapes and fire doors clear of any obstruction as a means of escape from fire or other emergency.
2.9.6 You must not interfere or tamper with or damage any fire and/or smoke/and or heat alarm equipment or system anywhere in the Room or the Building. This includes not blocking interfering with tampering with or damaging the air vents in the bathrooms and not using any fire blankets or fire extinguishers other than for their proper use. Any such interference or tampering improper use or damage is a serious breach of this Agreement and the University will usually end this Agreement if you do any such things.
2.9.7 To comply with any instructions issued by the University from time to time in connection with the evacuation of the Building whenever a fire alarm is activated in the Building.
2.9.8 In the interests of safety and security not to leave the front door of the Building (or any individual flat within the Building) propped or wedged open or unlocked.
2.9.9 In the interests of safety and security not to tamper with any restraints on any window.
2.9.10 To notify the University (which if the Building is staffed on site or has a warden means informing the staff or warden), if you will not be using the Room for any period of more than 72 hours (ie three days and nights). This is for health and safety reasons including fire safety and water flushing which the University must do to prevent an outbreak of legionella disease.
2.9.11 To comply with any rules and regulations reasonably required by the University from time to time for the proper management or improvement of the Building and which have been notified to you in the Residents' guide or other publication.
Cleaning and maintenance
2.10.1 Not to paint or decorate any part of the Room or the Building.
2.10.2 To keep the Room and Building and the interior of the windows of the Room and Building clean.
2.10.3 To keep all cooking appliances and equipment including any supplied by or approved by the University and any belonging to you in a reasonable and hygienic state of cleanliness.
Access and alterations
2.11.1 To allow the University or anyone authorised by the University access at all reasonable hours of the daytime:
184.108.40.206 To inspect or carry out repairs or other works to comply with any lawfully imposed obligation or requirement or to enter and view the Room or the Building with prospective occupiers and others authorised by the University or for any other purpose set out in this Agreement; and
220.127.116.11 For access to those parts of the Building provided for use in common with other occupiers of the Building.
2.11.2 The University will normally give at least 24 hours notice but immediate access is to be given at any time:
18.104.22.168 In the event of an emergency which includes a medical emergency or on reasonable suspicion of imminent harm to you or any other person; or
22.214.171.124 To carry out urgent inspections required by health and safety legislation; or
126.96.36.199 If the University reasonably believes or suspects that you are in breach of your obligations not to cause a nuisance or act illegally as set out in clause 2.7.1 above;
2.11.3 Not to make any alterations or additions to the Room or Building and in particular not to change or install any locks. Not to interfere with or make any alterations to the heating, cooking, gas, electricity, water or drainage services or installations and not to cause disconnection or obstruction of any supply of services to or from the Room or the Building.
2.11.4 Not to remove any of the Contents from the Room or Building.
2.12.1 Not to change rooms with any other occupier of the Building or anyone else and not to assign sub-let charge or part with or share possession of the Room or the Building or any part of it unless prior agreement in writing has been issued.
Notices and communications
2.13.1 On receipt of any notice, order, direction or other document or communication relating to the Room or the Building to deliver this promptly to the University.
2.13.2 To respond promptly to all communications from the University.
2.13.3 To attend any meeting with the Accommodation Services at a place and time and date reasonably specified by the University and notified to you by email to the email address provided by you.
2.13.4 If you are unable to meet on the date or at the time specified, to notify the University’s Accommodation Services prior to that date, and to attend any rescheduled meeting of which you are subsequently given written notice.
2.13.5 The University may but is not obliged to take account of any proposal from you as to the date and time of any rescheduled meeting.
2.14.1 To reimburse the University on demand the reasonable costs and expenses properly incurred by the University in repairing, remedying or replacing any damage breakages or loss or any cleaning required to the Room or the Building or the Contents as a result of your failure to comply with any of your obligations under this Agreement.
2.14.2 To pay to the University on demand a fair proportion of the reasonable costs and expenses properly incurred by the University in repairing or remedying any loss or damage caused to the Room or the Building or the Contents where the University is unable to identify those who have caused the loss or damage. If you believe the University has acted unreasonably in asking you to pay these amounts then you can appeal by taking the steps set out on the making a complaint page.
2.14.3 To pay to the University on demand the reasonable costs and expenses incurred by the University in the event an employee or representative of the University is required to attend because of any failure by you to comply with any of your obligations under this Agreement or because you have lost your keys to the Room or the Building or because of any nuisance or unreasonable behaviour on your part.
2.14.4 To pay the reasonable costs and expenses properly incurred by the University in recovering any arrears of Licence Fee or other sums due from you under the terms of this Agreement and/or in remedying any failure by you to comply with the terms of this Agreement and/or any proceedings necessary to gain vacant possession of the Room except where a court decides you should not have to pay those costs.
2.14.5 To pay interest at four per cent above the base rate of National Westminster Bank plc on any Licence Fee or other sum due from you which is not paid within seven days of the date on which the payment was due.
2.15.1 To give the University vacant possession and return all keys to the Room and the Building to the University by midday on the date of expiry or earlier termination of this Agreement.
2.15.2 To leave the door of the Room locked after vacating it.
2.15.3 To remove all personal possessions and rubbish and to leave the Room and the Building and the Contents at the end of this Agreement in the repair and condition required by the terms of this Agreement.
2.15.4 If you fail to remove all your personal possessions and rubbish, the University may remove such items immediately and deal with them (including disposing of them or selling them) as it reasonably thinks fit. The University shall have no liability for any loss to you in respect of such items. Where it is reasonably obvious that an item is valuable, the University will first take reasonable steps to inform you and give you reasonable opportunity to collect the item. Where the value of an item would be in data stored on it, such as on CDs or data sticks, it will not usually be reasonably obvious that it is valuable. The University is not under any obligation to send an item to you unless it comes to a specific arrangement with you and you pay its reasonable costs of postage, packing and administration. The University will not be liable for any loss or damage of any item subject to any such arrangement whether in transit or whilst in storage.
3. Use of common parts
3.1 You have the right to use all parts of the Building provided by the University for use in common with the University and the other occupiers of the Building from time to time.
4. Car parking
4.2 It is the University’s policy to take all steps necessary to prevent the parking of motor vehicles by students within the residential areas around the University campus, in order to maintain good relations with our neighbours.
4.3 For these reasons if the accommodation allocated to you by the University pursuant to this Agreement is at Frenchay Campus then as part of your terms and conditions of residency you are prohibited from parking any motor vehicle on or near Frenchay Campus at any time. The area to which this prohibition on parking applies includes all residential roads, pavements, driveways, courtyards and private parking spaces within a two-mile radius of Frenchay Campus.
4.4 Exceptions to the above parking prohibition, and eligibility for parking permits, may be allowed by the University in cases where the student has a relevant disability or impairment under the Disability Discrimination Act 1995. The University complies with that Act and, subject to that Act, all exceptions are at the University's discretion.
5.1. The University has arranged limited insurance cover for items kept in the Room. The cover is limited and subject to terms and conditions, details of which can be found on the cover4students website. You must check those terms and conditions carefully to satisfy yourself whether that cover provides you with adequate protection and where necessary arrange your own insurance cover.
5.2 The University will not be responsible for any loss or damage to your property (including any vehicle) except where the loss or damage is caused by fault on the part of the University.
6. Service of notices
6.1 The University’s address for service is Accommodation Services, University of the West of England, Frenchay Campus, Coldharbour Lane, Bristol BS16 1QY until you are notified of a different address in England and Wales.
6.2 The University may use as your address for service either your address as set out in the Offer or the address given to the University by you for your next of kin or ‘emergency contact ’.
6.3 Any notice or proceeding, which is to be served on either party to this Agreement, shall be sufficiently served if:
(a) Sent by first class post in a letter addressed to that party at that party’s address for service as specified in 6.1 or 6.2 above; or
(b) A letter addressed to that party is left at the address for service as specified in 6.1 or 6.2 above.
In the case of 6.3 (a) above, the letter shall be deemed received two working days after the letter was posted.
In the case of 6.3 (b) above, the letter shall be deemed received on the same day, in the event that the letter is delivered before 16:30 on a working day. If the letter is delivered after 16:30 on a business day or on a bank holiday or weekend, the letter shall be deemed received on the following business day.
7.1 In this Agreement where the context so admits: -
7.2 Any obligation not to do an act or thing includes an obligation not to permit such act or thing.
7.3 Words importing the singular shall be construed as importing the plural and vice versa.
7.4 The word ‘Building’ includes the remainder of the property in which the Building is situated.
8. Ending this agreement
8.1 You have statutory protection under the Protection from Eviction Act 1977. If you are unwilling to leave the University must obtain a court order.
8.2 This Agreement may be terminated at any time by the University by four weeks notice in writing expiring at any time.
8.3 The University may re-enter the Room and immediately terminate this Agreement without prejudice to the other rights and remedies of the University if the Licence Fee is unpaid 14 days after becoming due (whether formally demanded or not) and/or you are in breach of any of your obligations in this Agreement.
8.4 If at any time the University terminates this Agreement because you have not paid the Licence Fee or you are in breach of any of your other obligations under this Agreement then you must reimburse the University for loss of the Licence Fee up to the end date shown on the Offer. If (by taking reasonable steps) the University is able to find another student enrolled with and reasonably acceptable to the University who is willing to enter into a Licence Agreement in respect of the Room, then you only have to pay the Licence Fee up to the date that Licence Agreement is entered into. You must also pay the University any reasonable costs and expenses properly incurred by the University as a result of your breach.
8.5 You may only terminate this Agreement before the end date shown on the Offer with the University’s prior consent and must complete a notice letter preferably in a form obtainable from Accommodation Services. This consent will not be unreasonably withheld or delayed if you nominate a suitable replacement student who is enrolled with the University but not already resident in University accommodation and that student enters into a new Licence Agreement with the University. You must pay the Licence fee up to the date that new Licence Agreement is entered into. You must also pay the University any reasonable costs and expenses properly incurred by the University as a result of your request to terminate this Agreement.
8.6 If the University allows you to terminate this Agreement in any other case you must pay any reasonable costs and expenses properly incurred by the University as a result of the Agreement being terminated.
8.7 If you cease to be a registered student at the University you must immediately serve written notice on the University preferably in the form of a notice letter obtainable from Accommodation Services. You must vacate the Room no later than the end dates set out below (‘Notice End Date’) as follows:
i) If you serve notice on the University between and including your licence start date and 14 November 2016 the Notice End Date is 12 December 2016
ii) If you serve notice on the University between and including 15 November 2016 and 8 January 2017 the Notice End Date is the date 28 days from and including the Monday following the date on which notice is served (or from and including the date of service where served on a Monday)
iii) If you serve notice on the University between and including 9 January 2017 and 27 March 2017 the Notice End Date is 17 April 2017
iv) If you serve notice on the University between and including 28 March 2017 and 23 April 2017 the Notice End Date is the date 28 days from and including the Monday following the date on which notice is served (or from and including the date of service where served on a Monday)
v) If you serve notice on the University on or after 24 April 2017 the Notice End Date is the licence end date as shown on the Offer.
8.8 You must pay the Licence Fee up to the Notice End Date unless (by taking reasonable steps) the University is able to find another student enrolled with and reasonably acceptable to the University who enters into a Licence Agreement with the University, in which case you must pay the Licence Fee up to the date on which that Licence Agreement is entered into. You may also nominate a replacement student (see 8.5).
8.9 Acceptance of keys by the University’s Accommodation Services before the licence end date does not relieve you of your obligations under this Agreement, including the obligation to pay the Licence Fee. However the date you leave will be taken into account by the University when assessing what contribution you should make to the reasonable costs and expenses properly incurred by the University in repairing or remedying any loss or damage caused to the Room or the Building or the Contents where the University is unable to identify those who have caused the loss or damage.