James Baillie Park & Hepworth Lodge terms and conditions 2024/25
Interpretation
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) of the Act, 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.
1 The deposit and the deposit protection scheme
1.1 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.
1.2 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.
1.3 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.
1.4 The statutory rights of the Landlord and the Tenant to take legal action through the County Court remain unaffected by clauses (1.1) to (1.3) above.
1.5 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.
1.6 Deductions may be made from the Deposit according to clauses within this Tenancy Agreement.
2 When your accommodation contract becomes binding
Your accommodation contract with us consists of our offer of accommodation (which contains terms specific to you) and these standard terms and conditions (which are the same for everyone). Your accommodation contract becomes binding when you have notified us that you accept our offer of accommodation.
3 When and how your accommodation contract can be cancelled
3.1 Your contract has no ‘cooling-off’ period. Once you accept our offer of accommodation, you have a legal obligation to comply with your contract until it comes to an end.
3.2 You can cancel your contract only as permitted by clauses 3.3 to 3.10. If you would like to move to alternative university accommodation, clause 3.11 applies. We can terminate your contract as permitted by clauses 3.12 to 3.21.
3.3 You can cancel your contract before collecting your keys if you notify us in writing, and send relevant supporting evidence, that:
3.3.1 you have not attained the examination results necessary to start or continue your course; or
3.3.2 you need a visa to study in the UK and it has been refused; or
3.3.3 you have deferred your course to a later academic year.
3.4 If we receive your notice of cancellation and supporting evidence (see clause 3.3) before the date your tenancy is due to start, we will release you from your accommodation contract but we will charge you £50 towards our costs of finding and processing a replacement tenant.
3.5 If we receive your notice of cancellation and supporting evidence (see clause 3.3) after the date your tenancy is due to start, but before you have collected the keys, we will still release you from your contract but
3.5.1 we will make an administration charge of £50 towards our costs of finding and processing a replacement tenant; and
3.5.2 you will have to pay rent from the day your tenancy was due to start until the day we receive your notice of cancellation.
3.6 If for any reason you start using the accommodation before collecting your keys, the act of using the accommodation will be treated as collecting your keys.
3.7 If you are leaving University in accordance with the temporary or permanent withdrawal procedure, or if you are deferring your studies to a later academic year, you may cancel your accommodation contract by giving us 8 weeks’ notice. Your notice must be:
3.7.1 in writing;
3.7.2 state the date you intend to vacate which must be no more than 8 weeks after you withdraw from or defer your studies;
3.7.3 accompanied by a properly completed ‘Request to Exit’ form (available from our website; and
3.7.4 confirmation from your School that you are leaving. This may be in the form of a completed leaver’s form or written confirmation from your School.
3.8 If you give us notice under clause 3.7, you must vacate the accommodation and return your keys to us within the 8-week notice period applicable to withdrawing students. Rent is payable until the end of the 8-week notice period, whether you live in the accommodation or not during that time. We will charge you a £50 fee towards our costs of dealing with your departure and finding a replacement tenant.
3.9 If you cancel your accommodation contract under clause 3.7, we may move another student into your room once you have returned your keys. If we receive additional income by doing this, we will reduce your liability for rent by the amount of additional income we receive for your accommodation in respect of the remainder of your notice period.
3.10 In all other cases other than those listed above, we will normally only accept requests for cancellation if cancellation would result in no financial loss to the University. Your accommodation contract will continue in force (and you will remain liable to pay rent) until your contract expires 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 a replacement unless they are a full-time student. They must not have a poor credit or disciplinary record and they must not already be living in one of our residences. In some cases we may insist on a replacement being of a similar profile to you, so as to maintain the balance and/or character of a shared flat. If we agree to terminate your contract early, we will make an administration charge of £50 towards our costs of processing a replacement tenant. If a suitable replacement only wants to rent for a shorter period of time than is left to run on your contract we will give you the option to make up the shortfall in rent or wait to see whether a replacement can be found for the rest of the tenancy period.
3.11 If you request a move to alternative University accommodation and we agree, 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.
3.12 It is a condition of your accommodation contract that you must have paid all sums that have fallen due under the accommodation contract and under any previous tenancy agreement that you may have had with us before the date your tenancy is due to start. If you have not paid us everything you should have paid for university accommodation before the date your tenancy is due to start, we may (but do not have to) cancel your accommodation contract by giving you notice at any time before you collect your keys.
3.13 If you have not collected your keys within 7 days of the start of your tenancy period then, unless you have already arranged a late arrival with us, we will try to contact you to find out when you expect to arrive. If we are not able to contact you and we need your accommodation for another student, we may cancel your accommodation contract in these circumstances without liability to you. We will send notice of cancellation to your last-known email address. If you have paid rent in advance for any period after we end your accommodation contract, we will attempt to reimburse a fair proportion to you (but will deduct any expenses we incur as a result of your failure to take up your tenancy).
3.14 We can ask you to move out of the accommodation if:
3.14.1 you are not registered as a student at the University of Leeds (‘external’ students are not registered students); or
3.14.2 you are in serious or persistent breach of these terms and conditions; or
3.14.3 a decision has been made in disciplinary proceedings against you that you must leave your accommodation; or
3.14.4 in our reasonable opinion, your health or behaviour constitutes a serious risk to you or to the health, safety and wellbeing of others.
3.15 If you refuse to leave the accommodation when asked, we cannot evict you except as permitted by law. You agree that the costs that we properly and reasonably incur in obtaining and enforcing any court order against you 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.
3.16 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 5.8), including net loss of income if we are unable to re-let your accommodation.
4 Moving in
4.1 Before your tenancy is due to start, we will provide up-to-date moving-in information, on our website or by contacting you. Any moving-in plans that you make will need to take account of this information.
4.2 If we provide you with a timed arrival slot you must try to keep your arrival appointment. If you arrive at any other time, and we are busy, you may have to wait before we can check you in.
4.3 You must have completed all formalities set out in our booking process before moving in, namely:
4.3.1 accepted your offer of accommodation;
4.3.2 paid your deposit; and
4.3.3 completed our online accommodation induction programme.
4.4 If you have to postpone your arrival for any reason (for example because you are ill), you must let us know and arrange a late arrival date with us. We may ask you to pay some of your rent.
4.5 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. Oversights can happen and 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 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. 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.
5 Rent and other charges
5.1 You agree to pay us the amount of rent stated in our offer of accommodation in accordance with this clause.
5.2 Before the first payment date shown on the “How to Pay” section of our website (https://accommodation.leeds.ac.uk/pay), you must either:
5.2.1 pay us the rent for the whole of your tenancy, in full in advance; or
5.2.2 set up a payment instalment plan on accommodation.leeds.ac.uk/pay.
5.3 If you set up a payment instalment plan, you must pay each instalment of rent to us in cleared funds in GB pounds sterling on the relevant instalment date as agreed under the plan.
5.4 If you do not pay any of 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.
5.5 The rent includes:
5.5.1 heating, lighting, electricity, water, drainage and internet connection;
5.5.2 insurance of your personal possessions (subject to the insurer’s terms and conditions. For more information, go to https://accommodation.leeds.ac.uk/insurance);
5.5.3 a limited number of laundry credits.
5.6 The rent does not include:
5.6.1 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);
5.6.2 telephone calls;
5.6.3 charges for using the laundry if you run out of credits;
5.6.4 meals or meal allowances
5.6.5 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 if you download or watch BBC programmes on demand, including catch up TV on BBC iPlayer, then you need a TV licence - see tvlicensing.co.uk on how to buy because if you don’t have a licence and you need one, you could be prosecuted fined up to £1,000;
5.6.6 subscription television or on-demand streaming services (e.g. Sky, Amazon Prime, Netflix).
5.7 You must pay your rent by direct debit, bank transfer or payment card. We do not have to accept payment by cash or cheque.
5.8 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. You agree that the costs that we properly and reasonably incur in obtaining and enforcing any court order against you 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.
5.9 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.
5.10 You have the right to appeal against a charge or claim for damages - details of the appeals process can be found on our website.
5.11 From time to time it may be necessary for us to suspend or restrict some of the facilities that we would normally make available for you (such as common rooms, study rooms, gyms and other exercise facilities) or introduce usage rotas in order to:
5.11.1 carry out cleaning, planned maintenance and reactive repairs; and/or
5.11.2 to comply with regulations or statutory guidance.
As these are not cost-saving measures, we will not make any refunds or discounts for periods when these facilities are not available or if access to them is restricted. We will not keep them closed or restricted for any longer than we have to.
5.12 If we are planning to close a facility at any time for refurbishment, this will usually be known in advance and advertised when you book your accommodation. The rent for the accommodation will take into account possible disruption or interruption to amenities whilst that work is being carried out.
6 Repairs, maintenance and access to rooms
6.1 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.
6.2 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 5.8 for the cost of repairing or replacing any of our property that you damage or lose, even if the loss or damage was accidental.
6.3 You agree to report faults in our building or contents 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.
6.4 Subject to clauses 6.2 and 6.3, 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.
6.5 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 a reasonable time of request.
6.6 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).
6.7 We will ensure that all contractors are identifiable and follow agreed entry procedures for residential accommodation. We will ensure that all contractors are instructed to be professional and courteous whilst in the residence, 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.
6.8 We will keep the grounds of all our residential properties reasonably safe and tidy.
6.9 We will provide details of scheduled cleaning visits in each residence.
6.10 If you have reported a fault, our contractors will be entitled to enter your accommodation without notice, in order to effect speedy repairs. We will give you at least 24 hours’ advance notice before other routine inspections and planned maintenance visits. We may enter your accommodation without advance notice in an emergency, if we are concerned about the wellbeing of you or someone we believe to be with you and we have not been able to contact you, or if something happening in the accommodation is causing a serious nuisance to others. (See also clause 8.9)
6.11 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.
6.12 Our staff and contractors will comply with regulations and statutory guidance whilst they are in your accommodation or the shared areas serving them, and you must do the same. If you are asked to leave an area of the residence (including your accommodation) temporarily whilst staff or contractors do their work, you must comply, but you will be allowed to return once work has finished. (If work is likely to continue for more than a few hours, we will usually know about this in advance and give you advance notice.)
6.13 We may want to show prospective tenants round your room from time to time, especially on open days. We will give you at least 24 hours’ advance notice before bringing someone to look at your room. We will spread viewings around our portfolio, so that nobody is asked to give frequent access for viewings or is unnecessarily inconvenienced.
7 Major works
7.1 To ensure our buildings are kept up to date and in conformity with the latest regulations, we have a continuing programme of refurbishment and upgrading works in our residences. From time to time we may also need to do unplanned, but necessary, repair or maintenance works. If major works are planned that will affect your accommodation during your stay, this will be shown on our website when you book.
7.2 If your tenancy agreement is for accommodation that is scheduled to be affected by major works, you agree:
7.2.1 that if you receive notice from us requesting you to move to alternative accommodation, you will move on the date specified in the notice (it is unlikely we will ask you to move more than once during your stay);
7.2.2 that unavoidable noise, dust or vibration may occur during major works;
7.3 If your tenancy agreement is for accommodation that is scheduled to be affected by major works, we agree:
7.3.1 to give you as much advance notice as is reasonably practicable (normally at least 2 weeks);
7.3.2 to try and keep you and your flatmates together if that is what you all want;
7.3.3 to provide additional study facilities and social spaces for use in the daytime, away from the major works.
8 Health, safety, security and welfare
8.1 Our Accommodation Services team does not provide or co-ordinate healthcare services, 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.
8.2 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
8.3 If you have an infectious disease you must minimise your contact with others until you have recovered. If you have a notifiable disease, you must promptly notify a member of our Accommodation Services team and comply with all applicable regulations and guidance. It is your obligation to keep yourself informed of, and comply with, regulations and guidance issued by the UK Government from time to time for the management and control of public health.
8.4 We will comply with the law in relation to matters of health and safety including carrying out appropriate checks and inspections of buildings and equipment and closing or isolating buildings if ordered to do so by a competent authority (see also clause 5.11).
8.5 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.
8.6 We will provide you with security guidance as part of your online induction and via our website. It is your responsibility (and in your own interests) to read that guidance carefully and comply with it. You agree to leave your accommodation and any flat or building containing your accommodation secure when you go out. You must not give keys to your accommodation or any flat or building containing your accommodation to any other person. (Charges apply for lost or stolen keys).
8.7 We will provide adequate lighting for any communal areas (outside flats) 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.
8.8 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. You must not re-charge batteries for vehicles anywhere at the residence other than in the external bike stores or at motor vehicles re-charging points. You must not leave a vehicle on charge unattended for longer than 8 hours If you have a re-chargeable wheelchair or other re-chargeable aid to help you with a disability, please contact us as we may need to make reasonable adjustments to help you with that.
8.9 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 drugs without prescription 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 will dispose responsibly of other items if they are not collected within 7 days after the end of your tenancy. We may claim from you (under clause 5.8) for the reasonable costs of storage and disposal.
8.10 We will provide Residence Life Wardens, who will be responsible for both welfare and discipline in our residences.
8.11 We may enter your accommodation 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.
9 Your use and care of your accommodation
9.1 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 and/or any shared areas that you are entitled to use are not kept clean, the Residence Life 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 claim the cost from the resident(s) responsible for them, under clause 5.8
9.2 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.
9.3 You must not interfere with, misuse, damage or attempt to repair any electrical or gas installations or appliances.
9.4 You must not interfere with, misuse, damage or attempt to repair any 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 can lead to a fine and/or jail sentence on conviction. Having a criminal record seriously affects employment prospects.
9.5 Due to fire risk you must not have in the residence portable electric or gas heaters or chip pans or any sort of portable cooking equipment (such as deep fat fryers, air fryers, rice cookers) fairy lights, candles, incense sticks, oil lamps, fireworks, rechargeable vehicles or batteries for them (unless authorised by us in writing) or anything else that smoulders or has a naked flame or which it would be reasonable for us to regard as a fire hazard.
9.6 You must not smoke (including hookah/shisha pipes and e-cigarettes) in any part of any residence. We will claim from you under clause 5.8 for any damage caused as a result of smoking (e.g. burns to contents, lingering smells, damage to decor).
9.7 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 only accept dogs that are registered with Assistance Dogs UK. You must not keep any other animal, bird, reptile or insect in our residences.
9.8 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 tickets) or for any illegal activity.
9.9 You agree not to sublet or share your accommodation. You agree not to transfer your tenancy without first obtaining written permission from our Accommodation Services team. If permission is given, it may be subject to conditions.
9.10 In addition to any regulations of general application in England, we may introduce additional restrictions (including a complete ban) on having visitors to the Residence in order to comply with statutory guidance, enforce quiet times, prevent crime, for public health or on any other reasonable grounds. In such circumstances, we may also restrict the number of persons who may be present at the same time in a bedroom or in shared areas. We will only do this if (acting reasonably) we consider additional measures to be necessary.
9.11 If there are no applicable restrictions preventing you from having 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 to you having guests. 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 Residence Life Warden. 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).
9.12 You agree not to hold any parties without first obtaining written permission from the Residence Life Warden. Permission will not be withheld unreasonably, but in deciding whether to grant permission the Residence Life 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, such as the need to maintain social distancing.
9.13 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 University premises. “Vehicle” includes e-scooter, e-bike, e-hoverboard or e-skateboard. Storage of these modes of transport should only be in the external bike shelters, use of which is at your own risk. “Vehicle” does not apply to wheelchairs.
10 Your behaviour
10.1 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, loud conversations 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 accommodation (unless you have written permission from your Residence Life Warden for a party and are following the guidelines stated in that permission).
10.2 You agree to behave with respect and consideration towards other residents, staff, our contractors and your neighbours at all times. 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 will not ignore any form of harassment, discrimination or bullying.
10.3 You agree that if you bring a car, small van or motorcycle to the residence, you will only park it in one of the bays designated for residents’ use 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 that apply at the residence. You agree not to bring large vans, pick up trucks, commercial vehicles, motorhomes, trailers or any other vehicle that will not easily fit in residents’ designated parking bays. Use of our parking bays is at your own risk and we do not accept liability for theft from or damage to any vehicle.
10.4 If you have a bicycle or scooter, you agree to use it responsibly and to leave it only in the designated bicycle storage areas. Use of bicycle storage areas is at your own risk and we recommend that you insure your property adequately (see also clause 5.5.2) and secure it with a good quality lock.
11 Enforcing the terms of the tenancy agreement
11.1 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.
11.2 Where we have reasonable grounds to believe that you are engaged in criminal activity, we are likely to report that to the police. We may also investigate and take any appropriate disciplinary proceedings against you and/or terminate your accommodation contract.
11.3 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 5.8 and 5.9.
11.4 If you do not pay us any money that you owe us, we can start court proceedings against you, to try to 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.
11.5 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 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).
11.6 We will undertake room and flat inspections from time to time during the tenancy period. If your accommodation or the shared areas you use are 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 take proper care of our property. If the condition of the accommodation 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 5.8 and 5.9.
11.7 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 complaint’s 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.
11.8 We do not accept liability for things that are not within our reasonable control and this clause 11.8 sets out the position in the event that such things occur.
11.8.1 In these terms and conditions, a “force majeure” is an event or sequence of events or circumstance or combination of circumstances occurs that (a) is unusual (b) is beyond our reasonable control and (c) hinders, delays or prevents us from performing our obligations in these terms and conditions. Examples of force majeure include, but are not limited to: natural disasters; armed conflict; terrorism; civil emergency; requisition of the Residence under the order of any government or public or local authority or prohibition of the use of the Residence under any such order; serious contamination injurious to health; epidemic or pandemic; labour disputes; serious interruption to or failure of utility services or other supplies that are essential for our performance, but “force majeure” does not include: our inability or failure to pay for supplies; an increase in the price of goods and services supplied to us; over-commitment by us; market conditions or any delay or failure by a supplier or sub-contractor except where that failure is also beyond the reasonable control of the supplier or sub-contractor concerned.
11.8.2 If a force majeure arises, we will promptly notify you in writing of the event and its likely impact (including duration) on our ability to perform our obligations.
11.8.3 We will do what we reasonably can to limit the adverse impact (including duration) of the force majeure on our ability to perform our obligations (such as temporarily suspending non-essential services or arranging alternative accommodation for you) and shall take reasonable steps where practicable to bring the force majeure to an end or to find a way in which our obligations might be substantially performed despite the force majeure.
11.8.4 If reasonably necessary, we may suspend the performance of some or all of our obligations in these terms and conditions for as long as the force majeure subsists.
11.9 We do not accept liability for disturbance, disruption or inconvenience during building, repair, maintenance or refurbishment works provided we and our contractors have acted reasonably. (Reasonable hours of work are between 08.00 am and 6.00 pm.)
12 At the end of your tenancy
12.1 If we are required to close the Residence during the tenancy period we will either:
12.1.1 terminate your accommodation contract if in our reasonable opinion the Residence is unlikely to re-open during the tenancy period; or
12.1.2 close the Residence temporarily and not charge Rent for the period the Residence is closed (but you will be entitled to return to the Residence for the remainder of the tenancy period and be liable to pay Rent once the Residence re-opens).
12.2 We will refund (or credit against future instalments) any Rent you may have paid in advance if it relates to a period after we terminated your contract, under clause 12.1.1 or a period of temporary closure under clause 12.1.2.
12.3 If we are required to close the Residence during the Tenancy Period, you must comply with clause 12.4 when you leave and/or such other directions as we may reasonably give you when we notify you of the closure. (For example, we may (depending on the circumstances) tell you that you can leave your personal belongings in the Residence, at your own risk, during a period of temporary closure).
12.4 You must vacate your accommodation and return the key by 10 a.m. on the last day of your tenancy (or the day the Residence is required to close). You must leave your accommodation clean and undamaged, free from rubbish and personal belongings, and you agree that we may dispose of anything left in the accommodation after you have returned your key (or if you fail to return your key, we may dispose of anything still in the accommodation 7 days after the end of your tenancy).
12.5 We will only give you a rent refund if we are required to do so by these terms and conditions. We will not give rent refunds for times during the tenancy period when you choose not to be at the accommodation if the accommodation is available for your use.
12.6 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 we will also charge you if you lose one during the tenancy), but we will provide you with written evidence of the amount first. If you require a replacement key, you must pay the key charge before we give you the replacement. If you do not hand in your keys at the end of your tenancy, charges will be payable in accordance with clause 5.9.
12.7 We will inspect the accommodation and the shared areas to which you had access. We will make our assessment of whether you are liable to pay us any damages (compensation) for failing to comply with your accommodation contract. If you have fully complied with your accommodation contract, and if you have provided us with details of a UK bank account or you originally paid your deposit with a debit/credit card which is still valid, we will refund your deposit within 28 days of the contract end date. If you have not fully complied with your accommodation contract, we will tell you what is wrong, what we think you should pay us to put it right (see clause 5.7), and return the balance of the deposit to you. You will have 10 days from then to provide us with your evidence of why our claim should not be paid. Unless it is reasonable for us to drop the claim, the damages (compensation) will be taken out of your deposit. If you do not agree with our decision, you can ask the court to decide whether we are entitled to be paid or not. If the deposit is not enough to cover our claim in full, you will remain liable to pay us the shortfall.
13 Edge Club (sports) membership
13.1 This clause 12 does not apply to people living in our family accommodation.
13.2 People living in residences other than our family accommodation have free “Edge Club” membership of The Edge whilst they are a tenant, subject to the provisions of this clause 13. See also: https://sport.leeds.ac.uk/the-edge/membership/halls After your tenancy ends, you are still entitled to apply for membership of The Edge if you are a student and pay the applicable fee.
13.3 “Edge Club” membership entitles you to:
13.3.1 use the sports halls, squash courts, climbing wall at The Edge during opening hours;
13.3.2 attend classes free of charge;
13.3.3 use the gym and swimming pool between 6.30am and 11.30am Mondays to Fridays and all day on Saturdays and Sundays.
13.4 “Edge Club” membership does not include free use of the University's outdoor centres.
13.5 The Edge offers an “Edge Premium” membership package which (among other things) extends the hours you can use the gym and pool and gives you access to gym facilities at other universities. For a full list of benefits and additional charges see: https://sport.leeds.ac.uk/the-edge/membership/halls/)
13.6 Access to and use of The Edge is subject to the User Terms & Conditions and you must comply with these. Users of The Edge must comply the directions of staff regarding health and safety precautions at the club and may be required to leave the premises if they do not do so. Repeated infringements may lead to withdrawal of membership.
13.7 We do not guarantee that The Edge will be open throughout the tenancy period (it may need to close from time to time for maintenance, public holidays, safety or other operational reasons or as required to protect public health) but in these and similar circumstances we will aim to re-open as soon as reasonably possible.
13.8 From time to time we may need to make The Edge subject to restrictions or controls to maintain a safe and comfortable environment. Examples of such measures might include revising our opening hours, limiting the number of users at any one time or requiring Edge members to make an appointment before use.
13.9 We do not give rent discounts or refunds for periods when you cannot gain access to or use The Edge nor if you choose not to use The Edge.
14 Notices
14.1 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
14.2 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
