Terms and Conditions 2016/17 (Liberty Dock ONLY)
For James Baillie Park 2016/17 terms and conditions click here.
For all other residences 2016/17 terms and conditions please click here.
1. TERMS AND CONDITIONS
- The Landlord lets and the Tenant takes the Room for the Term at the Rent and this Agreement creates an assured shorthold tenancy within Part 1 Chapter II of the Housing Act 1988 as amended by Part III of the Housing Act 1996 and the provisions for the recovery of possession by the Landlord in section 21 of the Housing Act 1988 apply accordingly AND the Landlord further gives notice to the Tenant that the tenancy may be brought to an end and possession of the Room and the Flat be recovered on one or more of grounds 2, 8, 10 to 15 or 17 of Part I of the Schedule 2 of the Housing Act 1988 prior to the expiry of the fixed term.
- The Tenant shall have the right to use for access and egress the entrance lift (if any) staircase and landings of the Building leading to the Flat (hereinafter referred to as the "Common Parts of the Building").
- The Tenant shall have the right (in common with the tenants of other rooms within the Flat) to use the kitchen, dining and living areas within the Flat (the "Flat Common Parts").
- The Room shall include the fixtures, furniture and effects or any replacements and more particularly specified in the inventory to be signed by the parties when the Tenant takes possession (the "Landlord's Contents").
- The Landlord is committed to abide by the rules of the National Code of Standards for Larger Developments (the "Code").
- The Tenant will be provided with a Liberty Living Guide to Living which is also available on the Liberty Living website, www.libertyliving.co.uk/pdfs/GuidetoLiving.pdf or by contacting the Landlord directly.
2. CANCELLING THE AGREEMENT
- If you accept the contract without face-to-face contact with a member of the University of Leeds Accommodation Services staff (based in the University of Leeds Student Services Centre) you have a 7 day 'cooling-off period'. This means that if within 7 working days of accepting the contract you notify Accommodation Services in writing (including email) that you have changed your mind, you will be released from the contract with no financial charges, as long as you have not moved into your accommodation. The day you accepted does not count towards the cooling off period.
- You don't get 7 days cooling-off period if you accept the agreement at, or hand it back to, Accommodation Services or stay overnight in your accommodation (or keep the key overnight). This means you will be responsible for ensuring the contractual terms are met in full as soon as the contract is accepted.
- If you are an international student who has been refused a visa, you must notify us immediately and, at any event, before the start date of your contract. We will usually release you from your contract from the date that you provide us with proof of your visa refusal. If this is after your contract start date, we will charge you rent until this proof is received.
3. THE TENANT WILL:
- Pay the Rent to the Landlord or, at the discretion of the Landlord, the University of Leeds acting as the duly authorised agent of the Landlord (the "Agent"), such rent to be paid at the times and in the manner agreed with the Agent without set off whether demanded or not.
- Pay to the Landlords Agent a holding deposit of £200. The holding deposit will be transferred to the Landlord (or at the direction of the Landlord the Deposit Agent (as defined in Clause 7(13) below)) at the start of the Term and will then become a damage deposit (the "Deposit"). The Deposit will be held against any breach by the Tenant of any of the terms of this Agreement and the Landlord is authorised to retain out of the Deposit all rent owed to him and/or compensation for damage caused to the Building and/or compensation for any breach by the Tenant of any clause of this Agreement but not so that the Deposit shall at any time during the Term entitle the Tenant to set off the Deposit against any liabilities arising under the terms of this Agreement.
- In the
event that the Rent is not paid on the due date, pay the Landlord or, at
the discretion of the Landlord, the Agent, upon demand a £20 late payment
charge, followed by an additional £20 each month that the Rent remains
unpaid.If your instalment plan has been cancelled, full payment is required immediately to avoid this charge.
- If the Tenant leaves University in accordance with the temporary or permanent withdrawal procedure described in the regulations for taught or research students, the Tenant must give 8 weeks notice in writing of your intention to leave the accommodation. The Tenant will be released from the contract after the 8 weeks as long as the leavers form has been handed to the University of Leeds Accommodation Services and all keys have been returned. A £40 administration fee will be charged. Edge Club membership will cease from the contract release date.
- If the Tenant moves to alternative accommodation managed by the University of Leeds with the agreement of Accommodation Services, the Tenant will no longer be responsible to pay rent under the existing contract but would be bound by the contract on a new room. The terms and conditions for residential accommodation would be the standard terms for University of Leeds accommodation and as specified on the new contract particulars. The Tenant will usually be charged a £40 movement charge. The end date of the Edge Club membership will be amended in line with the new contract end date.
Keep the interior of the Room in good repair and condition
and not alter the Flat or make any holes or affix anything to the walls
ceiling and floors of the Flat.
(b) Not damage any part of the Building and will pay a fair and reasonable proportion, as determined by the Landlord acting reasonably of the expenses incurred by the Landlord in making good damage to the Room, the Flat and/or the Building and/or replacing any fixture or fitting damaged therein which is caused by act or admission of the Tenant or any failure by the Tenant to observe or comply with his/her obligations under this Agreement. Unless there is sufficient evidence to the contrary the expenses referred in this Clause 3(6)(b) shall be apportioned as if:-
(i) the Tenant caused all damage to the Room; and
(ii) all of the Tenants of the Flat jointly caused any damage to the untenanted parts of the Flat; and
(iii) all Tenants entitled to use the Common Parts of the Building caused any damage to the Common Parts of the Building.
- Permit at all reasonable times upon reasonable written notice of not less than 24 hours duration (save in case of emergency when as much notice as reasonably practicable shall be given) the Landlord and others authorised by the Landlords to enter into the Flat for the purposes of inspecting and, where necessary, repairing and painting the Flat or examining the state and condition of the Flat or for any other reasonable purpose in connection with the management of the Flat or the Building.
- Upon receipt from the Landlord of notice in writing specifying want of cleaning and restoration to the interior of the Room or of all loss of or damage to the Landlords Contents that the Tenant shall be bound to make good, immediately clean and restore or make good the same.
Not assign, underlet or charge this Agreement (or any part thereof) and
will use the Room only for the purpose of a private residence for the
occupation of the Tenant only.
(b) Not permit any other person to reside in or to occupy the Flat.
(c) Not carry on or permit to be carried upon the Flat any business whatsoever. PROVIDED ALWAYS that the Tenant may be able to cancel the remaining term of this Agreement should he find a replacement tenant for the balance of the term and on the same terms as this Agreement (including the provision for a guarantor if appropriate) subject to:
(i) approval by the Landlord (such approval not to be unreasonably withheld) and
(ii) the Tenant not being in arrears of any of the payments due under this Agreement.
- Not bring into the Flat or use in the Building any gas, paraffin electric or other oil burning heaters, any candles nor inflammable combustible materials or any chip pan or deep fat fryer.
- Agree not to smoke in any part of any building in your residence.
- Not do or permit to be done in the Flat or the Room any act which may be a nuisance or cause damage or inconvenience to the Landlord or to the other occupiers of the Building or any adjoining property or which may invalidate any insurance of the Building or of the Landlords Contents against fire or otherwise, such policy being available from the Landlord.
- Not place or exhibit any notice whatsoever on any part of the Building.
- Not bring into the Flat any bicycles, bird, fish or any animal and not leave anything in any entrance or other common part of the Building.
- Agree that if you have a television or watch television through a computer, you accept responsibility for buying a television licence. The TV Licensing Authority may prosecute and issue a fine of up to £1000 if a resident has a TV but no licence (The TV Licensing Authority is an external body and not part of the University. See www.tvlicensing.co.uk/ for more information and to purchase a licence).
- Not make or have made any duplicate keys to the Flat or the Room nor replace nor add any new locks to the Flat or the Room.
- Not misuse or tamper with the fire alarm system and fire safety appliances and equipment in the Building and not obstruct any fire doors or fire exit routes or disconnect automatic door closures.
- Permit the Landlord and those duly authorised by the Landlord to enter upon the Flat at reasonable times to show the same to prospective tenants upon reasonable prior notice being given to the Tenant.
- Deliver up to the Landlord the Room and the Landlords Contents of the Room at the expiration or sooner determination of the tenancy in such good condition, cleanliness and complete repair as aforesaid (fair wear and tear excepted).
- If any of the Tenants belongings have not been removed from the Flat at the expiration of the tenancy, pay to the Landlord damages at a daily rate to compensate for the cost of storage or disposal of those belongings until the Tenant shall have removed all such goods PROVIDED ALWAYS that after the end of the tenancy the Landlord may remove any remaining items of the Tenant and after 14 days dispose of them for the Tenant subject to offsetting the cost of storage and disposal of these items.
- You will usually be able to collect your key and occupy your accommodation from 2 p.m. on the contract start date (unless otherwise notified). You must vacate your accommodation and return the key by 10 a.m. on the contract end date. PROVIDED ALWAYS that if the keys are not handed over by the Tenant to the Landlord or his agents by the end of the last day of the Term the Tenant shall be assumed thereafter to have given up his right to occupy the Room and the Flat from the expiry of the last day of the Term if at that date the Tenant is not physically occupying any part of the Flat PROVIDED ALSO that for the purposes of this sub-clause the fact that any of the Tenants belongings may at the expiry of the Term still remain at any of the Flat shall not in itself be deemed to be physical occupation of any part of the Flat by the Tenant.
- Not leave the Flat unoccupied for any period whatsoever without locking and securing all doors and windows.
- Within 7 days of a demand from the Landlord provide a fully completed certificate of exemption in respect of council tax or otherwise reimburse the Landlord for the council tax demanded by the Council and pay all other charges or assessments which may become payable in respect of the Flat or by its occupier (including but not limited to television licence fees, charges for the use of a telephone (if any) in the Room but excluding all charges relating to the supply of electricity, water, drainage and internal telephone cables).
- Adhere to and obey the rules and regulations of the Building and any rules and regulations of the University of Leeds, in each case as may be varied from time to time and notified to the Tenant or exhibited at the main office of the Building. If you break the rules set out here, or fail to respond to a reasonable instruction from a Warden/subwarden or other member of staff, you may be subject to disciplinary procedures. The disciplinary procedure forms part of this contract and you can read it at www.leeds.ac.uk/secretariat/student_cases.html
- Indemnify the Landlord and the Agent against all liabilities and expenses incurred arising from any breach on the part of the Tenant of this Agreement and in particular pay upon demand to the Landlord and/or the Agent as the case may be all reasonable and proper costs and expenses (including legal costs and disbursements and fees payable to a surveyor and any value added tax thereon) incurred by the Landlord and/or the Agent as the case may be in connection with proceedings relating to the recovery of arrears of Rent or arising from any breach of the Tenants obligations under this Agreement and the Tenant will indemnify the Landlord and the Agent in respect of any damage caused to the Building by the Tenant or any guest of the Tenant during the term of this Agreement.
- Agree to keep noise at a level that does not interfere with the study, sleep or comfort of other residents, staff and neighbours. This includes TVs, stereos, CD players, musical instruments, singing, shouting etc. You must reduce the level of noise immediately if requested to do so. After 10 p.m. you should keep noise to a minimum and after 11 p.m. no noise should be heard outside your room (unless you have written permission from your Warden for a party and are following the guidelines stated in that permission.
- Agree not to hold any parties without prior permission of the warden, which will be given in writing.
- Agree to behave with respect and consideration towards other residents, staff, wardens, subwardens and your neighbours. This includes not injuring, or damaging the property of others, not using foul or abusive language, not using other residents possessions without permission and respecting the privacy of others. The University does not tolerate any form of harassment, discrimination or bullying, whether it be based on someones faith, gender, sexuality, race, disability or other.
- Agree that if you have a vehicle on the accommodation site, you will park it in the designated bays and display a parking permit. You also agree to drive responsibly and with due care and attention, obeying any traffic and road regulations at your site. Major repairs to cars or motorcycles must not take place on the premises.
- Agree that
if you have a bike, you will use it responsibly and leave it only in the
designated bike areas.
4. THE LANDLORD AGREES WITH THE TENANT AS FOLLOWS:-
- That the Tenant may quietly possess and enjoy the Room during the tenancy without any lawful interruption from the Landlord or its agents.
- To maintain and repair the structure of the Building including the window frames and window glass.
- To maintain, repair, decorate, clean and provide adequate heating and lighting to the Common Parts of the Building.
- To maintain all service media serving the Building and the Flat.
provide hot and cold water, drainage, heating, electrical power and
internet access to the Room and the Flat Common Parts save that the
Landlord shall not be liable for:-
(a) any failure to provide such services for reasons beyond the Landlord's reasonable control; and
(b) any temporary interruption due to maintenance, replacement or alteration of the relevant service media,
Provided that the Landlord shall use reasonable endeavours to restore such services as soon as reasonable possible.
- To provide adequate security facilities at the Building.
- To insure the Building (including the Room and Flat Common Parts) against damage or destruction by fire, lightning, explosion, earthquake, storm, tempest, flood, impact, bursting or overflowing of water tanks and pipes, damage by aircraft and other aerial devices or articles dropped from them, riot and civil commotion, terrorism, labour disturbance and malicious damage and such other risks as the Landlord reasonably decides to insure against (subject to the exclusions, excesses, limitations and conditions imposed by the insurers from time to time).
- To provide all resident students with a Warden, who is responsible for both welfare and discipline in University accommodation.
- You are entitled to live in the accommodation free from any interference or harassment from staff or other residents. Complaints will be dealt with in accordance with the complaints procedure detailed on our website accommodation.leeds.ac.uk/comments.
5. SPORTS MEMBERSHIP:-
- Included in your rent is Edge Club Sports membership, which would cost more than £180 per annum if you were not a resident. Membership entitles you to use the sports halls, squash courts, climbing wall, all outdoor pitches and to attend all classes free of charge during opening hours. It also entitles you to free entrance to the gym and swimming pool between 6.30am and 12 noon and between 2pm and 4pm Mondays to Fridays (www.leeds.ac.uk/theedge). It does not entitle you to free use of the Universitys outdoor centres. You must comply with the User Terms & Conditions. Membership will cease at the end of your accommodation contract. No refunds are given.
- We recognise that a small number of students with disabilities may not be able to take advantage of these facilities. If that applies to you, please email us on firstname.lastname@example.org within 7 working days of accepting this contract, stating your reason and enclosing your corroboration e.g. doctors note. We will then reduce your rent by the residents discounted membership fee of 35p per day for the length of your contract (equivalent to £103 for a 42 week contract). If you do not email us within 7 days of accepting your contract then you will not be able to get a reduced rent. Students experiencing severe financial hardship may opt out of sports membership, but again you will need to email us on email@example.com within 7 working days of accepting this contract, stating your reason and enclosing any corroboration. Opt-out on grounds of hardship is at our reasonable discretion and we may make an administration charge of £20. If you opt out of sports membership but subsequently decide to take it up at a later date, you will have to pay the full price. We cannot accept opt-out for any other reason, because we rely on all residents being members to be able to offer the residents discount.
If you move into accommodation mid-session, having already purchased Edge Club, Edge Club Extra or Edge Club Premium membership, this membership will continue and your rent will be reduced by 35p per day. If you move into accommodation mid-session, having already purchased a Sports Pass, this will be upgraded to Edge Club membership, you will be charged a one off fee of £10 and your rent will be reduced by 35p per day.You can upgrade your membership by going to sport.leeds.ac.uk/hallsmembership
6. THE LANDLORD IS ENTITLED TO TERMINATE THIS TENANCYAGREEMENT AND OBTAIN A COURT ORDER TO ENTER THE PROPERTY AND EVICT THE TENANT IF:-
any instalment of rent is not received in full within 14 days of the date
when the Landlord or the Agent formally demands it after it has fallen
(b) the Tenant materially fails to comply with any of the Tenants obligations under this Tenancy Agreement;
(c) the Tenant becomes bankrupt or an interim receiver of his property is appointed; or
(d) the Tenant ceases to be a registered student of the University of Leeds and is asked by the Landlord or at the discretion of the Landlord the University of Leeds acting as the duly authorised agent of the Landlord (the "Agent"), to vacate the accommodation
Termination of this Tenancy Agreement under this Clause 6(1) ends the Tenancy Agreement but does not release either party from any outstanding obligation to each other.
7. PROVIDED ALWAYS AND IT IS HEREBY AGREED THAT:-
- If the Room or the Flat or access to them shall at any time during the tenancy be destroyed or damaged by a risk against which the Landlord has maintained insurance (pursuant to Clause 4(7)) the Landlord will use reasonable endeavours to reinstate such damage or destruction as soon as reasonably practicable and to make up any shortfall in the insurance proceeds out of its own funds.
- If the Room or the Flat or access to them shall at any time during the said term be destroyed or damaged by fire explosion or otherwise so as to be unfit for occupation and use the Tenant may terminate this Agreement by giving the written notice and this Agreement shall forthwith end but without prejudice to the rights of the parties hereunder.
- The Landlord shall not be liable to the Tenant by reason of and the Tenant shall make no objection or claim in respect of any reasonable noise vibration or disturbance that may be occasioned by the carrying out by the Landlord of any work or alteration or construction repair or maintenance to any part of the Building or to any adjoining or adjacent property , provided that the Landlord is mindful that the Room is used for residential purposes and keeps disturbance to a minimum, nor shall the Tenant be entitled to object to any interference with the access of light and air to the Flat caused by any such works or any alterations or additions to any property (including the Building) resulting there from.
8. Any notice under this Agreement shall be in writing and may be served upon the Tenant at the Flat by hand or by registered post or recorded delivery and upon the Landlord at its address as noted in Clause 12 below.
9. In this Agreement words importing the masculine gender shall include reference to the feminine gender and reference to the singular shall include the plural.
10. WHERE MORE THAN ONE PERSON is a party hereto as Tenant the expression the Tenant shall include all or any such persons and their liability in respect of the obligations on the part of the Tenant contained herein shall be joint and several.
11. This Agreement shall take effect subject to the provisions of Section 11 of the Landlord and Tenant Act 1985 so far as applicable to the tenancy hereby created.
12. NOTICE under section 48 of the Landlord and Tenant Act 1987: The address for service of notices (including notices in proceedings) upon the Landlord is: Liberty Dock (Leeds) Ltd, c/o Liberty Living plc, 30 St Mary Axe, London EC3A 8BF.
13. THE DEPOSIT PROTECTION SCHEME
- (a) At
the start of the Tenancy, the booking fee converts to the Tenancy deposit
and the deposit will be transferred to and safeguarded by The Deposit
Protection Service (The DPS).
(b) The deposit will be secured with The DPSs Custodial Scheme within 28 days of the commencement of the Tenancy, proof of which will be supplied to the Tenant by email, sent from The DPS.
The Tenant will be provided with the Prescribed Information, Terms, and Conditions of The DPS, within 28 days of their deposit being registered, the Landlords Agent will provide this information by email.
(c) The DPS is administered by The Deposit Protection Service, The Pavilions, Bridgwater Road, Bristol, BS99 6AA. Telephone 0330 303 0030.
(d) At the end of the tenancy the Tenant should arrange with the Landlord's Agent a suitable time for a vacating inspection and any damages or other charges deductible from the Deposit will be advised to the Tenant at this point. If the Tenant vacates without arranging an inspection, the Landlord's Agent will conduct the inspection in the Tenants absence.
(e) The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses (a) to (d) above.
(f) It is the Tenants responsibility to inform The DPS of any change of deposit return address, telephone number or email address, during the tenancy period.
Deductions may be made from the Deposit according to clauses within this
(b) A leaflet explaining how the Deposit is protected by the Housing Act 2004 will be provided to the Tenant by Landlord's Agent.
(c) The procedure for returning a deposit to the Tenant at the end of the tenancy period is detailed below in clause (d). The procedure for instigating a dispute regarding deductions from the Deposit at the end of the Tenancy is explained in clauses (e) to (k) below.
(d) When both parties agree how the deposit should be returned, in full or in part, the Landlords Agent will advise The DPS of the deposit return amount and the Tenant will receive an email from The DPS with a link to follow to process their deposit return. This process takes place either after a vacating inspection with the Landlords Agent, or shortly after the end of the Tenancy. Alternatively, either party can go online at www.depositprotection.com and initiate the Joint Deposit Repayment (JDR) Process, providing a vacating inspection has taken place.
An agent/landlord or a tenant can do this by logging into their account and selecting Request a Repayment. The on-screen guidance will take them through the process of initiating a repayment. The DPS will then send a notification to the other party advising them to either log in and respond to the claim (if they have a valid email address or a valid mobile phone number) or to fill out a paper form which The DPS will send to them. Alternatively, either party can request a paper Joint Deposit Repayment Claim Form from The DPS.
In order to receive the deposit repayment, the Tenant will need their deposit ID and repayment ID, both issued to them by The DPS when the deposit was registered. In the instance that the Tenant does not have this information at the end of their tenancy, they should contact The DPS by phone, text or email. The Landlords Agent cannot provide the RepaymentID because it is unique to the Tenant.
(i)The Tenant can request a new Repayment ID via SMS by texting REPAY followed by the Deposit ID and the deposit amount to 07537 404 808
(ii)The Tenant can complete The DPS online form, which can be found at www.depositprotection.com/RepaymentID and the Repayment ID will be sent by email
(iii) The Tenant can call The DPS dedicated helpline on 0330 303 0030
(e) In the event that the parties fail to reach an agreement on how some or all of the deposit should be repaid, they have the option to use the free Alternative Dispute Resolution (ADR) Service. This service is operated by The DPS. The ADR Service is an evidence based adjudication process, which will request both the Landlord and Tenant to supply documentary evidence of the claim against the deposit/disputed sum. In the event that a Landlord or a Tenant does not provide their consent for the Dispute to be resolved through the ADR Procedure, the Dispute must be resolved by the parties or through the courts
(f) If a party obtains a Court Order against the Landlord or Tenant, The DPS will only release the Deposit if the Court Order specifically refers to the Deposit and/or the scheme administrator holding the Deposit and includes a direction as to how much of the Deposit is to be paid to the successful claimant. If the Court Order does not include a reference to the Deposit, or to the scheme administrator, The DPS will be unable to release the Deposit until either the Order is amended or a Third Party Debt Order is obtained.
(g) If either party has no current address for the other or the other fails to respond to the parties written notice requiring that the party be paid some or all of the Deposit within 28 calendar days of the end of the Tenancy, the party may follow the Single Claim Process.
(h) Either party can instigate a dispute by indicating a disputed amount through The DPS website (or by paper form) and providing their agreement to use the ADR service. There is an option to enter a disputed amount.
(i) Once The DPS have had notification of a dispute via a duly completed JDR Form (either online or on paper form), they will retain the disputed amount and issue a communication to both parties requesting they submit their evidence which must be provided to The DPS within 14 calendar days of the communication being issued.
(j) The Adjudicator will have 28 days from the date of receiving the file in order to make a decision based on the papers provided by the parties.
(k) All payments will be released from The DPS within 10 calendar days of; processing a Joint Custodial Deposit Repayment Form; of the date of the Decision; on receipt of a Court Order which includes a reference to the Deposit.
The Landlord confirms that the information provided to the Agent and the Tenant is accurate to the best of his knowledge and belief and the Tenant has had the opportunity to examine the information. The Tenant confirms he has been given the opportunity to examine this information.
The Tenant confirms by signing this document that to the knowledge of the Tenant the information above is accurate to the best of the Tenant's knowledge and belief.
- Subject to the terms of Clause 14(2), this Agreement shall be governed by, construed and take effect in accordance with the law of England and Wales and the courts of England and Wales should have jurisdiction to hear and determine any matters arising.
Where the building is located in Scotland, notwithstanding the foregoing
terms of this Agreement the following provisions shall apply:-
(i) This Agreement creates a short assured tenancy within Part II of the Housing (Scotland) Act 1988 as amended by Part I of the Housing (Scotland) Act 2006 and the provisions for the recovery of possession by the Landlord in section 33 of the Housing (Scotland) Act 1988 apply accordingly AND the Landlord further gives notice to the Tenant that the tenancy may be brought to an end and possession of the Room and the Flat be recovered on one or more of grounds 2, 8, 11 to 15 or 16 of Schedule 5 of the Housing (Scotland) Act 1988 or as otherwise permitted by the Housing (Scotland) Act 1988 prior to the expiry of the fixed term.
(ii) This Agreement shall be governed by, construed and take effect in accordance with the law of Scotland and the courts of Scotland should have jurisdiction to hear and determine any matters arising.