James Baillie Park terms and conditions 2019/20

In these terms and conditions

“we”, “us”, “our” and “ours” refers to the University of Leeds and/or UNITE;

“you”, “your” and “yours” refer to the person who is contemplating, or who already has, a contract with UNITE for student accommodation

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.

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.

 

The deposit and the deposit protection scheme

  1. (a)The University of Leeds will transfer the deposit to UNITE and the deposit will then be transferred to and safeguarded within a deposit protection scheme
    (b) The deposit will be secured within 28 days and proof will be supplied to the Tenant. The Tenant will be provided with the Prescribed Information, Terms, and Conditions of the scheme, within 28 days of their deposit being registered..
    (c) At the end of the tenancy the Tenant should arrange, with the local residence office, 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 inspection will be conducted in the Tenant’s absence.
    (d) The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses (a) to (c) above.
    (e) It is the Tenant’s responsibility to inform the scheme directly of any change of deposit return address, telephone number or email address, during the tenancy period.

(f) Deductions may be made from the Deposit according to clauses within this Tenancy Agreement.
 

1          When your contract becomes binding and how it can be cancelled

1.1       Your contract becomes binding when you accept an offer of accommodation from us.  Acceptance can be in writing (in the form of a signed agreement) or electronic (in the form of acceptance online of our offer).  In either case, these terms and conditions form part of your contract with us.

1.2       Your contract has no ‘cooling-off’ period.  Once you accept our offer of accommodation, you have a legal obligation to comply with these terms and conditions.  You can cancel your contract before moving into the accommodation if you notify us in writing, and send relevant supporting evidence, that:

1.2.1    you have not attained the examination results necessary to start or continue your course; or

1.2.2    you need a visa to study in the UK and it has been refused.

1.3       If we receive your notice of cancellation and supporting evidence before the date your tenancy is due to start, we will release you from your contract but we will make an administration charge of £50 to cover our costs of finding and processing a replacement tenant.

1.4       If we receive your notice of cancellation and supporting evidence after the date your tenancy is due to start, but before you have moved in, we will still release you from your contract but we will make an administration charge of £50 to cover our costs of finding and processing a replacement tenant and rent from the day your tenancy was due to start until we receive your notice of cancellation.

1.5       If you are leaving University in accordance with the temporary or permanent withdrawal procedure, you may cancel your accommodation contract by giving us 8 weeks’ notice in writing.    You must vacate the accommodation within the 8-week notice period, return your keys to us and provide our Accommodation Services department with a copy of your leaver’s form.  Rent is payable until the end of the 8-week notice period, whether you live in the accommodation or not.  We will charge you a £50 fee towards our costs of dealing with your departure and finding a replacement tenant.

1.6       In all other cases, we will normally only accept requests for cancellation if cancellation would result in no financial loss to the university.  Your contract will continue in force (and you will remain liable to pay rent) until expiry or, if earlier, until another tenant who is acceptable to us takes over responsibility for your accommodation.  In deciding who is ‘acceptable’, we must act reasonably, but we will not usually accept replacements who are not our full-time students, or who have a poor credit or disciplinary record, or who are already living in one of our residences.  If we agree to terminate your contract early, we will make an administration charge of £50 to cover our costs of processing a replacement tenant.

1.7       If we agree that you can move to alternative university accommodation, we will replace or amend your contract with us.  The replacement or amended contract will apply to your new accommodation, and supersede the contract that was in place before you moved.  We will charge you an administration fee of £50, which must be paid before you move.

1.8       We can ask you to move out of the accommodation if:

1.8.1    you are not registered as a student at the University of Leeds;

1.8.2    you are in serious or persistent breach of these terms and conditions;

1.8.3    the outcome of disciplinary proceedings against you is that you must leave your accommodation.

1.9       If you refuse to leave the accommodation when asked, we cannot evict you until we have obtained a court order for possession.  You agree that the costs that we properly and reasonably incur in obtaining and enforcing such an order are damages (compensation) that we can claim from you, even if these amounts are higher than applicable fixed fees set out in the Civil Procedure rules.

1.10     If we terminate your contract with us before it expires because you are at fault, we may claim from you the expenses we incur and/or the losses we suffer as a result (as explained in clause 3.6), including net loss of income if we are unable to re-let your room. 

2          Moving in

2.1       Before your tenancy is due to start, we will provide moving-in information, on our website or by contacting you.  You will usually be able to collect your key and occupy your accommodation from 2 p.m. on the date your tenancy is due to start.

2.2       We will ensure that at the start of your tenancy the accommodation, its fixtures and its contents are clean, in working order and meet legal requirements. 

2.3       If the accommodation or anything in it is not in a reasonable condition at the start of the tenancy, you must notify us as soon as possible and give us an opportunity to investigate and put things right.  If you do not tell us about damage or missing items, you may not be able to prove later that these were not your fault.  If you are given an inventory, or if one is made available online, you should check it and notify us of any discrepancies within 7 days of taking occupation.

2.4       You may not be allowed to move in if you have not completed all formalities set out in our booking process, namely:

2.4.1    paid your deposit

2.4.2    accepted your offer of accommodation

2.4.3    completed our online accommodation induction programme

3          Rent and other charges

3.1       You agree to pay us the amount of rent stated in our offer of accommodation.  Rent for the whole of your tenancy falls due on the day your tenancy is due to start.  You may set up a payment instalment plan on accommodation.leeds.ac.uk/pay, but if you do not pay each instalment in full on the agreed dates we can insist on you paying the remainder of the rent immediately.

3.2       If you do not pay your rent within 14 days of the due date for payment, we will charge you interest at the annual rate of 3% above the Bank of England base rate on the amount of unpaid rent, from the due date for payment until actual payment.

3.3       The rent includes:

3.3.1    heating, lighting, electricity, water, drainage and internet connection

3.3.2    insurance of your personal possessions (subject to the insurer’s terms and conditions)

3.3.3    laundry credits

3.3.4    membership of The Edge gym (subject to The Edge’s terms and conditions – see also clause 10), except in family accommodation.

3.4       The rent does not include:

3.4.1    council tax (full-time students are normally exempt, but if you are not exempt you agree to pay council tax or reimburse us for any council tax we pay on your accommodation)

3.4.2    TV licence (you don't need a licence just to own a television set, but if you watch or record programmes from any channel on any device as they are being shown on television, or live on an online television service, or to download or watch BBC programmes on demand, including catch up TV, on BBC iPlayer, then you need a TV licence (see www.tvlicensing.co.uk/  on how to buy) – or you could face prosecution and a fine of up to £1,000.

3.5       Rent must be paid by direct bank transfer or payment card.  We do not have to accept payment by cash or cheque.

3.6       If you do not comply with your obligations in your accommodation contract (or if a breach of tenants’ obligations occurs in relation to shared areas of a building, and we cannot find out who is responsible) and we suffer loss or incur expenses as a result, we may claim from you the amount of money (or a fair proportion of the amount) that it would take to put us in the same financial position as we would have been in if you (and/or those using the shared areas of the building) had complied with your obligations. This can include money that we have to pay to others (such as payments to contractors for carrying out work, and/or the cost of replacing missing items and/or legal fees) and a contribution towards our staffing costs for having to put things right.    We agree to act reasonably in any such claims, and we will make allowance for fair wear and tear, depreciation and what we can reasonably claim on our insurance.

3.7       If we make any of the charges permitted by these terms and conditions (other than rent), we will invoice you and add the charges to your university account.  Charges other than rent are payable to us within 10 days of us sending/emailing you an invoice.  If they remain unpaid on the due date for payment, we may claim from you the costs we reasonably incur in trying to recover what you owe, including a reasonable rate of interest on these outstanding payments.

3.8       You have the right to appeal against a charge - details of the appeals process can be found here

4          Repairs and maintenance

4.1       If your accommodation is a studio, or a room that is not in a shared flat or house, we will arrange for the building’s shared areas to be kept clean, free of obstructions, debris and spillages.  If your accommodation is in a flat that is part of a larger building, we will arrange for the building’s shared areas outside the flat to be kept clean, free of obstructions, debris and spillages. 

4.2       You must take reasonable care of the accommodation, any shared areas of a building that you use, and their contents.  We may claim from you under clause 3.6 for the cost of repairing or replacing any of our property that you damage or lose, even if the loss or damage was accidental. 

4.3       You agree to report any damage to us promptly, using the reporting procedure set out on our website or as notified to you by your accommodation provider. You further agree to allow us access to your accommodation to carry out repairs or required maintenance.

4.4       Subject to clauses 4.2 and 4.3, we will keep the accommodation and any building of which the accommodation forms part, and the contents we provide, in good repair and proper working order, and make sure they comply with applicable law and the ANUK/Unipol Code of Standards for Larger Developments.

4.5       We will provide a reactive maintenance service, all year-round, with an emergency response service 24 hours a day.   We will carry out non-emergency repairs within reasonable time limits and as stated in the welcome information.

4.6       If it is not reasonably practicable to carry out a repair within a reasonable time, you agree to accept any reasonable alternative that we provide (for example, by moving to an alternative en suite room if we cannot repair your shower; or by using portable heaters provided by us if it will take a while to repair your heating).

4.7       We will ensure that all contractors are identifiable and follow agreed entry procedures for residential accommodation.  We will ensure that all contractors are required to be professional and courteous whilst in the accommodation, complete their work to a good standard, and leave your accommodation in a safe and a clean condition.  You agree to treat contractors with courtesy and give them such co-operation as they reasonably require to return your accommodation to a state of repair.   

4.8       We will keep the grounds of all our residential properties reasonably safe and tidy.

4.9       We will provide details of scheduled cleaning visits in each residence.  We will give you at least 24 hours’ advance notice before other routine inspections and planned maintenance visits.

4.10     If you have reported a fault, our contractors will be entitled to enter your accommodation without notice, in order to effect speedy repairs.

4.11     We will make sure all our staff and contractors are aware that the accommodation is your home and that they should show respect for your privacy and your possessions.

5          Health, safety, security and welfare

5.1       We do not provide health services through our Accommodation Services team, but if you are unwell, or need help with a disability, or have had an accident then our Accommodation Services team can help you to find appropriate support. 

5.2       If you have to return to live with your family because of illness, you must promptly notify a member of our Accommodation Services team.

5.3       You must comply with the reasonable requirements of our staff with regard to matters of health and safety, and comply with applicable health and safety regulations and policies.  You must not do anything that is likely to put the health, safety or welfare of others at risk.

5.4       We will comply with the law in relation to matters of health and safety including (but not limited to) carrying out appropriate checks and inspections of buildings and equipment. 

5.5       We will periodically monitor and assess our residences, and take appropriate steps in line with our findings, against the risks of vandalism, theft and unauthorised entry.

5.6       We will provide you with security guidance.  It is your responsibility (and in your own interests) to read that guidance carefully and comply with it.  You agree to leave your room, flat and the building secure when you go out.   You must not give keys to your flat or room or residence to any other person.

5.7       We will provide adequate lighting for the communal areas within your residence and provide external lighting at the entrances to each building and as reasonably necessary along the access routes that are on our land.

5.8       You must ensure that any items you bring to the residence are safe to use, and are only used in a safe way.  Your electrical appliances (including any adapters) must be suitable for safe use in the UK.

5.9       If we reasonably believe that any item in your possession or control is likely to be harmful to you, to other people or to our property, we may remove it from your accommodation.  Harmful items include (but are not limited to) weapons (even if licensed), chemicals, controlled substances and psychoactive substances.  We will give you a receipt for any confiscated item and (unless perishable, animate or illegal to possess) we will store it for you to collect at the end of your tenancy.  We will dispose of any perishable, animate or illegal items immediately, and other items if they are not collected within 7 days after the end of your tenancy.  We may claim from you (under clause 3.6) for the reasonable costs of storage and disposal. 

5.10     We will provide wardens, who will be responsible for both welfare and discipline in our residences.

5.11     We may enter your room without notice if there is an emergency, if we reasonably believe that the accommodation is being used for an illegal activity or if we have serious concerns about your health, safety or welfare. 

6          Your use and care of your accommodation

6.1       You must keep your accommodation clean and carry out your share of cleaning in any shared areas that you are entitled to use e.g. the kitchen.  If your accommodation or the shared areas that you are entitled to use are not kept clean, the warden or residence manager may give notice requiring the space in question (and, where applicable, its contents) to be cleaned and warning that if there is no improvement within a reasonable time (which may be stated in the notice), we may hire a contractor to clean the area(s) and re-charge the cost to the resident(s) responsible for them, under clause 3.6.

6.2       You must not decorate your accommodation or the shared areas you use without first obtaining the written permission of our Senior Residences Manager (who is under no obligation to agree to decorating).  Unauthorised decoration will be regarded as damage.

6.3        You must not interfere with, misuse, damage or attempt to repair any electrical or gas installations or appliances or fire detection, prevention, protection or control equipment.   You must not prop open fire doors or obstruct exits. Mis-use of fire safety equipment is a criminal offence, which may attract a fine or jail sentence.

6.4       Due to fire risk you must not have in the residence portable electric or gas heaters or any sort of portable cooking equipment, chip pans, deep fat fryers, fairy lights, candles, incense sticks, oil lamps, fireworks or anything else that smoulders or has a naked flame or which it would be reasonable to regard as a fire hazard.

6.5       You must not smoke (including hookah/shisha pipes and e-cigarettes) in any part of any residence building.  You will be charged under clause 3.6 for any damage caused as a result of smoking (e.g. burns to contents, lingering smells, damage to decor).

6.6       If you have a disability and you need a dog living with you that has been trained to assist with that disability, you should notify us in advance, so that we can make any reasonable adjustments. We can only accept dogs that are registered with Assistance Dogs UK. You must not keep any other animal, bird, reptile or insect in our residences.

6.7       You agree not to use your accommodation, or any other part of the residence, for any business purposes (including the promotion of events that are not organised by Leeds University or Leeds University Union, distributing flyers or posters and selling of tickets) or for any illegal activity.

6.8       You agree not to sublet or share your accommodation.  You agree not to transfer your tenancy without written permission from our Accommodation Services team.

6.9       If you have guests to stay, you must make sure that your flatmates, or those students who share the same facilities in the residence as you, have no objection.  You agree that your guests can only stay in your accommodation or flat for up to three consecutive nights, three times per term.   These arrangements can only be changed after obtaining written permission from the Warden (permission will not be unreasonably withheld).   You agree to be responsible for your guests whilst they are in or on the residence site, and to pay for any losses we suffer and expenses we incur as a result of your guests being at the residence (including any damage your guests cause).

6.10     You agree not to hold any parties without first obtaining written permission from the warden.  Permission will not be withheld unreasonably, but in deciding whether to grant permission the warden shall be entitled to take into account your management of previous parties, the proposed time and location for the party, the frequency of parties at the residence as a whole and any other relevant factors.

6.11     You must not keep any vehicle, or motor vehicle parts, indoors at the residence.  Major repairs to cars or motorcycles must not take place on the premises.

7          Your behaviour

7.1       You 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 amplified sound (e.g. TV's, phones, tablets and sound systems), as well as the sound of musical instruments, singing, shouting and banging doors. 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).

7.2       You agree to behave with respect and consideration towards other residents, staff, our contractors and your neighbours. This includes refraining from foul or abusive language, obtaining the owner’s permission before using another resident’s possessions, and respecting the privacy and differences of others. The University does not tolerate any form of harassment, discrimination or bullying.

7.3       You agree that if you bring a vehicle to the residence, you will only park it in one of the designated bays and will display the relevant parking permit (additional fees apply). You agree to drive responsibly and with due care and attention, obeying any traffic and road regulations at the residence.

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

8          Enforcing the terms of the tenancy agreement

8.1       Students of the University of Leeds are subject to the University’s disciplinary regulations.  You can read the disciplinary procedure at www.leeds.ac.uk/secretariat/student_cases.html.  If you do not comply with the disciplinary regulations, that will be a breach of your accommodation contract.  If you do not comply with these terms and conditions, the University may treat that as a breach of the University’s disciplinary regulations as an alternative, or in addition to, any of the other enforcement options in these terms and conditions.

8.2       Where we have reasonable grounds to believe that you are engaged in criminal activity, we are likely to report that to the police. 

8.4       If you do not comply with these terms and conditions, we are entitled to claim expenses we incur and losses we suffer as a result, as explained in clauses 3.6 and 3.7.

8.5       If you do not pay us any money that you owe us, we can start court proceedings against you, to try and recover it.   We will add to our claim the costs we properly and reasonably incur if we have to take any legal action against you to recover money you owe us.  The amount we claim may be more than the fixed costs under the Civil Procedure rules.

8.6       If you are in serious or persistent breach of your obligations in these terms and conditions or in serious or persistent breach of the University's disciplinary regulations, we may ask you to leave your accommodation.   If you refuse to leave when requested, we will serve the appropriate notice and start legal action against you in the courts to obtain an order authorising your eviction.  We will claim from you the costs we properly and reasonably incur if we have to take any legal action against you to obtain possession of the accommodation.  Examples of serious or persistent breaches that could lead to you being evicted are: tampering with fire safety equipment; serious arrears of rent; use of illegal drugs or psychoactive substances; aggressive behaviour; persistent noise nuisance (this is not an exhaustive list).

8.7       We will undertake regular room and flat inspections.  If your room or flat is not kept as required by these terms, we will serve written notice on you (and any other tenants entitled to use the areas in question) setting out what we require you (and your flat-mates, if appropriate) to do to improve standards of cleanliness or care for our property.  If the condition of the room or flat does not improve, we may arrange for the work to be done by contractors and claim the cost (or a fair proportion) from you as explained in clauses 3.6 and 3.7.

8.8       You are entitled to live in the accommodation free from any interference or harassment from staff or other residents.   If you believe that we have not complied with our obligations in these terms and conditions, you can lodge a complaint, and it will be dealt with in accordance with the complaints procedure detailed on our website.  The complaints procedure is not to be used for reporting repair requests, but it may be used if we fail to deal with a repair request within a reasonable time. 

9          At the end of your tenancy

9.1       You must vacate your accommodation and return the key by 10 a.m. on the last day of your tenancy.  You must leave your accommodation clean and undamaged, free from rubbish or belongings, and you agree that we may dispose of anything left in the accommodation after you have returned your key.

9.2       We will not give you a rent refund if you choose to vacate before the end of your tenancy.

9.3       We will charge you for a replacement if you do not return any key (or other access device) on or before vacating the accommodation (and if you lose one during the tenancy), but we will provide you with written evidence of the amount.

9.4       We will inspect the accommodation and the shared areas to which you had access and will then initiate the deposit return process, as outlined in The Deposit and the Deposit Protection Scheme above.   If the deposit is not enough to cover our claim in full, you will remain liable to pay us the shortfall.

10        Edge Club (sports) membership

10.1     Unless you live in family accommodation, your rent includes Edge Club membership (www.leeds.ac.uk/theedge) whilst you are our tenant. If you wish, you can upgrade your membership to Edge Club Premium by going to www.leeds.ac.uk/theedge (additional fees apply).

10.2     Edge Club membership entitles you to use the sports halls, squash courts, climbing wall, all outdoor pitches during opening hours, and to attend all classes free of charge. Edge Club membership also entitles you to free entrance to the gym and swimming pool between 6.30am and 11.30am Mondays to Fridays and all day on Saturdays and Sundays.

10.3     Edge Club membership does not include free use of the University's outdoor centres.

10.4     You must comply with the User Terms & Conditions when using The Edge facilities.

10.5     Edge Club membership will cease at the end of your accommodation contract.

10.6     We will not give rent discounts or refunds relating to the Edge Club membership.

11 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.

 

These terms and conditions, have been approved by LUU Student Advice Centre. You can contact them for independent advice and assistance about your accommodation contract and other issues.

Email:advice@luu.leeds.ac.uk