James Baillie Park terms and conditions 2016/17

Definitions and interpretation

In these Tenancy terms and conditions:

1.1 "Building Common Parts" means the entrance hall, stairs, corridors, laundry, courtyard, lifts, bicycle store and any other common areas within the Building provided for the benefit of all tenants;

"Contents" means the furnishings and effects to be found in the Room or the Flat Common Parts as listed in the inventory to be provided to the Tenant on moving-in to the Room;

"Flat"means the furnishings and effects to be found in the Room or the Flat Common Parts as listed in the inventory to be provided to the Tenant on moving-in to the Room;

"Flat Common Parts" means the Flat, other than the Room and other rooms within the Flat occupied exclusively by other tenants of the Flat;

"Room" means the Room as defined in the accommodation offer, including its fixtures and fittings, carpets, doors and internal glass, but excluding the Service Media within the Room;

"Service Media" means central heating and hot water systems, electrical services for power and lighting, drainage and water services, and any data or phone services provided;

"Tenancy Agreement" means the tenancy agreement constituted by the accommodation offer and these Tenancy Terms and Conditions;

"Accommodation Offer" means the weblink sent to the Tenant by email, stating the tenancy particulars;

"Tenancy Period" means the duration of the contract i.e. the period from and including the Tenancy Start Date and ending on and including the Tenancy End Date;

"Accommodation Services" means Accommodation Services of the University of Leeds.

1.2. Unless set out to the contrary above, all terms defined in the accommodation offer shall have the same meanings in these Tenancy Terms and Conditions.

1.3. The expression the "Landlord" includes the person who at any particular time has the right to receive rent under the Tenancy Agreement.

1.4. Any obligation on the Landlord or the Tenant not to do any act or thing includes an obligation to take all reasonable steps not to permit or suffer any other person to do any such act or thing.

1.5. Where any party to the Tenancy Agreement comprises two or more persons, all their obligations can be enforced against them jointly or as separate individuals.

1.6. The headings in these Tenancy Terms and Conditions are for convenience only and are not to be considered in interpreting the Tenancy Agreement.

Cancellation policy

If you accept the contract without face-to-face contact with a member of the University of Leeds Accommodation Services staff (based in the 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 the University of Leeds 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 the University of Leeds Accommodation Services 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.

2.0 The letting

2.1. The Landlord lets the Room to the Tenant for the Tenancy Period.

2.2. The Tenant is granted the following rights for the benefit of the Room in common with the Landlord and all other tenants of the Building (including all other persons from time to time duly authorised by the Landlord):

2.2.1. the right to use the Building Common Parts and the Flat Common Parts, including the right to come and go to and from the Room over such of the Building Common Parts and Flat Common Parts as are designed or designated to afford access; and

2.2.2. The right to use the shared facilities within the Common Parts of the Flat.

2.3. The Landlord reserves the following rights over the Room:

2.3.1. the right for the Landlord and those authorised by the Landlord to enter the Room on reasonable written notice (except in cases of emergency) for any purpose mentioned in these Tenancy Terms and Conditions; and

2.3.2. the right to the free passage and running of water, soil, gas and electricity through any pipes, cables, wires, drains or sewers passing in or through the Room.

3.0 The tenant's obligations

3.1. The Tenant shall accept the Room, the Flat, the Building Common Parts, the Flat Common Parts and the Building as being in good and tenantable repair and condition and fit for the purposes for which they are let and/or intended to be used as at the Tenancy Start Date unless the Tenant informs the Landlord in writing of any defects in the condition and repair within 48 hours of the Tenancy Start Date

3.1.1. The Tenant will usually be able to collect the keys and occupy the accommodation from 2 p.m. on the Tenancy start date (unless otherwise notified). The Tenant must vacate the accommodation and return the key by 10 a.m. on the Tenancy end date.

3.2. The Tenant shall accept that all the Contents are present in the Room or the Flat unless the Tenant informs the Landlord in writing that items are missing from the inventory within 48 hours of the Tenancy Start Date.

3.3. Pay to the Accommodation Services a holding deposit of £200. The holding deposit will be transferred to the Landlord at the start of the Term and will then become a damage 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

3.4. The Tenant will pay in full or set up an instalment plan with valid payment details and pay the rent to the University of Leeds on the agreed instalment dates. If the Tenant provides invalid details or does not inform the University of Leeds of a change of card/account details or cancelled Direct Debit, the instalment plan will be cancelled and full payment will be required immediately.

3.4.1. The Tenant will be liable to continue to pay the rent even if the Tenant moves out early, unless a suitable replacement is found. This must be another full-time University of Leeds student, who is not currently living in and/or who has not been asked to leave university accommodation and who is deemed acceptable by the Accommodation Manager and Warden.

3.5. 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 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.

3.5.1. If the Tenant ceases to be a registered student of the University of Leeds, the Landlord is entitled to terminate this tenancy and ask the Tenant to vacate the accommodation. 

3.6. 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.

3.7. The Tenant agrees that an administration charge of £20 will be added to the bill if any accommodation fees are not paid by the due date, followed by a further £20 for each month that payment remains outstanding. If the instalment plan has been cancelled, full payment is required immediately to avoid this charge.

3.8. Any charges for damage or fines made during the year will be added to your account and will be payable within 10 days of the University of Leeds emailing/sending the Tenant an invoice. Non-payment by the due date will result in late payment administration charges as per section 3.7. (above). The Tenant also accepts they may be subject to disciplinary action as a result of these damages, under the disciplinary procedures described at www.leeds.ac.uk/secretariat/student_cases.html

3.9. The Tenant will not set-off any amounts against the Rent or any other amounts due to the Landlord or to the University of Leeds without first providing the Landlord or the University with receipts for the costs properly incurred by the Tenant. Any person who is not the Tenant and who makes payments due from the Tenant does so as agent of the Tenant.

3.10. Promptly notify the Landlord of any damage to or defect in the Room and/or the Contents and/or the Flat and/or the Building.

3.11. Operate the Service Media and electrical appliances in the Flat in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which do not belong to the Landlord comply with all relevant standards and regulations.

3.11.1. if the Tenant has a television or chooses to 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).

3.12. Pay a fair and reasonable proportion, as determined by the Landlord acting reasonably, of the costs incurred by the Landlord in making good damage to the Room, the Flat, the Building Common Parts or the Flat Common Parts and/or in replacing any fixtures or fittings damaged therein which arises due to any act of the Tenant or any failure by the Tenant to observe and comply with the obligations of the Tenant under the Tenancy Agreement. If there is no evidence to the contrary, then the cost of repairing any damage shall be apportioned as if:

3.12.1. The Tenant caused the damage to the Room;

3.12.2. All the tenants of the Flat caused the damage to the shared facilities in the Flat Common Parts; and

3.12.3. All the tenants entitled to use the Building Common Parts caused the damage to the Building Common Parts.

3.13. To allow the Landlord and those authorised by the Landlord upon reasonable written notice (except in cases of emergency) to enter the Flat at reasonable times to:

3.13.1. Inspect its condition;

3.13.2. Carry out any necessary repairs or alterations to the Room and/or Flat and/or Building;

3.13.3. Maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room; and

3.13.4. Carry out viewings of the Room and/or Flat with prospective tenants.

In exercising its right of entry to the Room and/or Flat, the Landlord will cause minimum possible inconvenience to the Tenant.

The Landlord and/or staff and officials of the University of Leeds may also enter your room without notice if there is reason to believe that an illegal activity is taking place or that you are at risk.

3.14. The Tenant shall reimburse the Landlord for all other taxes, charges, duties, outgoings or assessments which are payable during the Tenancy Period in respect of the Room and/or the Tenant's use of the Room or any other part of the Building including television licence fees, charges for the use of a telephone (if any) in the Flat or Room and rental or other recurring charges during the Tenancy Period.

3.15. Maintain the Room and, jointly and severally with the other tenants of the Flat, the Common Parts of the Flat in at least as good tenantable repair and decorative order and clean condition as it is in at the Tenancy Start Date (except for damage by accidental fire and water from the domestic services infrastructure).

3.16. Maintain the Contents in at least as good repair and condition as they are in on the Tenancy Start Date except for fair wear and tear (and the inventory provided to the Tenant on moving in to the Room shall be evidence of their existing condition, and any defect shall be noted in such inventory) in accordance with Clause 3.2.

3.17. Not remove any of the Contents from the Room or the Common Parts of the Flat, as the case may be.

3.18. Occupy the Room personally for residential purposes only.

3.19. The Tenant will not sublet the Room or part with possession or share occupation of the Room or any part of it under any circumstances.

3.20. Not carry on any profession, trade or business whatsoever in the Room, the Flat or the Site. (This includes promoting non University or LUU events through flyering or selling of tickets.)

3.21. Not use the Room or the Flat for any improper, immoral or illegal purpose nor in any way which may, in the reasonable opinion of the Landlord, be a nuisance, damage or annoyance to the Landlord or to the other tenants of the Building or any adjoining premises and in particular, the Tenant will:

3.21.1. Not cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Common Parts of the Flat, can be heard outside those Common Parts;

3.21.2. 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 TV’s, 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);

3.21.3. Agree not to hold any parties without prior permission of the warden, which will be given in writing;

3.21.4. Not to smoke in any part of any building. Unite operates a full no smoking policy across all their residences. Anyone caught smoking in the residence will be subject to disciplinary proceedings;

3.21.5. Not keep or use drugs, the possession or use of which is prohibited by statute (including but not limited to the Misuse of Drugs Act 1971);

3.21.6. Not to keep or use any firearms, knives (other than domestic kitchen knives), or any weapons of any kind in the Room, Flat or Building;

3.21.7. Not harass, threaten or assault any other tenants of the Building or their guests or any personnel of the Landlord or any other person. 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 someone’s faith, gender, sexuality, race, disability or other; and

3.21.8. Not keep, store or use in the Building fairy lights or any gas or oil heater or other fuel burning appliance, including candles.

The Tenant agrees that 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

3.22. Not damage or leave in a dirty or untidy state any parts of the Building.

3.23. Not alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Flat, the Contents or the Building.

3.24. Not to fix anything whatsoever to the interior of the Room or the Flat Common Parts in any manner which may damage the structure or decoration of the Room or the Flat Common Parts or to place anything outside the windows of the Room or the Flat Common Parts.

3.25. Deliver the Room, the Contents and the key to the Room/Flat to the Landlord at the end of the Tenancy Period in the same condition as recorded in the inventory and, by no later than 10.00am on the Tenancy End Date, clear the Tenant's own belongings from the Room and the Flat Common Parts. To the extent that the Tenant fails to remove his/her belongings from the Room and the Flat Common Parts by the Tenancy End Date, the Landlord shall be under no duty of care towards the same and reserves the right to dispose of such belongings as it thinks fit without any liability whatsoever to the Tenant.

3.26. Ensure that any refuse is deposited in the receptacles provided for the purpose in the Building.

3.27. Not erect any external wireless or television aerial or satellite dish.

3.28. Not to keep any animal, bird, insect or reptile in the Room, the Flat Common Parts or the Building Common Parts.

3.29. Not do anything in the Room, the Building Common Parts or the Flat Common Parts which would prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force.

3.30. Not obstruct any means of access within the Building.

3.31. 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 University premises.

3.32. If you have a bicycle, you agree to use it responsibly and to leave it only in the designated bicycle areas.

3.33. Pay all reasonable and proper costs and expenses (including legal costs, unless a Court orders otherwise, and fees payable to a surveyor and any value added tax thereon) incurred by the Landlord in or in reasonable consideration of proceedings to recover outstanding Rent or any sum incurred as a result of the Tenant not performing the obligations of the Tenant under the Tenancy Agreement.

3.34. to the Landlord the Deposit as security for the performance of the Tenant's obligations.

3.34.1. At the end of the Tenancy Period, the Tenant will be given the opportunity to attend a check-out inspection with a representative of the Landlord with a view to reaching agreement as to what, if any, deductions the Landlord shall be entitled to make from the Security Deposit. If no agreement is reached, either the Landlord or the Tenant may refer the matter to Alternative Dispute Resolution ("ADR").

3.34.2. However, the Landlord reserves the right to give notice to the Tenant of its intention to draw on the Deposit at any time in payment of any sums due from or spent on behalf of the Tenant under the Tenancy Agreement.

3.34.3. The Security Deposit (or the balance thereof remaining), shall be returned to the Tenant within 10 days of the end of the Tenancy Period (however it ends) and vacation of the Room by the Tenant or, if the matter is referred to ADR, within 10 days of the matter being resolved.

3.34.4. The Tenant will not set-off the Deposit against any payment of Rent due to the Landlord or to the University of Leeds.

3.35. Not to tamper with the Landlord's fire prevention and control equipment and to vacate the Building (and to ensure that any visitors of the Tenant do so) immediately whenever the fire alarm is sounded.

3.36. Not to use designated fire escapes except for the purposes of emergency escape.

3.37. To comply with any reasonable regulations of the Landlord which may be notified to the Tenant in writing from time to time and in the event of conflict between the terms of these Tenancy Terms and Conditions and any such regulations, the terms of these Tenancy Terms and Conditions shall prevail.

3.38. To report any accident or incident to the Landlord as soon as possible after it occurs and in any event within 48 hours after the incident or accident. If reasonably requested to do so by the Landlord, to complete an incident or accident form and return it to the Landlord.

In addition to the obligations contained in this agreement, the Tenant is also subject to the University of Leeds Residences Disciplinary Regulations which can be found here www.leeds.ac.uk/secretariat/student_cases.html.

4.0 The Landlord's obligations

The Landlord agrees with the Tenant as follows:

4.1. That if the Tenant pays the Rent and performs all the obligations of the Tenant under the Tenancy Agreement, then the Tenant may quietly possess and enjoy the Room during the Tenancy Period without any interruption from the Landlord or any person acting on the Landlord's behalf (save as otherwise expressly set out in these Tenancy Terms and Conditions to the contrary);

4.2. To maintain and repair the structure of the Building including the window frames and window glass;

4.3. To maintain, repair, decorate and provide adequate heating and lighting to the Building Common Parts and the Flat Common Parts; and to clean the Building Common Parts;

4.4. To maintain all Service Media serving the Flat, the Building Common Parts and the Flat Common Parts;

4.5. To provide an adequate supply of hot and cold water, heating and electrical power to the Flat;

4.6. To provide security facilities for the Building;

4.7. To provide and maintain equipment in the Building Common Parts and the Flat Common Parts; and

4.8. To provide all resident students with a Warden, who is responsible for both welfare and discipline in University accommodation.

5.0 Alternative accommodation

5.1. The Landlord reserves the right during the Tenancy Period to move the Tenant to alternative accommodation (which may be in a hotel) only for the purpose of carrying out emergency repairs PROVIDED THAT:

5.1.1. The Tenant is given reasonable notice; and

5.1.2. The Tenant will occupy the alternative accommodation on the terms of the Tenancy Agreement.

6.0 Sports membership

6.1. 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 University's 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 accomsports@leeds.ac.uk 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 £102 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 accomsports@leeds.ac.uk 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.

7.0 Agreements and declarations

7.1. It is agreed between the Landlord and the Tenant that if at any time:

7.1.1. The whole or any part of the Rent shall be unpaid for one month after it becomes due (whether legally demanded or not); or

7.1.2. There has been a serious breach, non-performance or non-observance of the Tenant's obligations; or

7.1.3. Any of the grounds set out in the Housing Act 1988 Schedule 2 Grounds 2, 6, 8, 10-15 (inclusive), and 17 apply*

The Landlord may apply for a Court Order stating that the Landlord shall be entitled to repossess and enjoy the Room as if the Tenancy Agreement has not been granted. If the Court Order is granted the Tenancy shall end immediately but without prejudice to any right of action or remedy of either the Landlord or the Tenant in respect of any previous breach of the other's obligations under the Tenancy Agreement.

7.2. If the Room, Flat and/or Building are destroyed, or are otherwise damaged so as to render the Room and/or the Flat incapable of occupation, then either the Landlord or the Tenant may end the Tenancy Agreement by giving the other one month's written notice.

8.0 Severability

If any term, condition or provision contained in the Tenancy Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of the Tenancy Agreement shall not be affected.

* These grounds cover such situations as where a mortgagee requires possession to exercise its power of sale; where the Landlord intends to demolish, reconstruct or carry out substantial work; arrears of rent and delay in payments; Tenant's obligations broken or not performed; deterioration in the condition of the property; bad conduct of the Tenant and visitors; ill-treatment of furniture; and where a tenancy is granted as a result of a false statement.

9.0 Notices

As required by Section 48 of the Landlord and Tenant Act 1987 the Tenant is hereby notified that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address:

The UNITE Group plc
The Core
40 St Thomas Street
Bristol
BS1 6JX

The addresses for service of notices on the Tenant is the address in the Accommodation Offer or any other address of the Tenant held by the University of Leeds.