James Baillie Park & Clarence Dock Village terms and conditions 2022/23
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 contract becomes binding and how it can be cancelled
2.1 This is your contract for accommodation in University of Leeds residences. 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 accommodation contract with us.
2.2 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 until the contract comes to an end.
2.3 You can cancel your contract as permitted by clause 3 in the event that public health measures prevent or seriously delay performance of our respective contractual obligations. Clauses 2.4 to 2.14 will not apply to cancellations made under clause 3, but they will apply to other cancellations.
2.4 You can cancel your contract before collecting your keys if you notify us in writing, and send relevant supporting evidence, that:
2.4.1 you have not attained the examination results necessary to start or continue your course; or
2.4.2 you need a visa to study in the UK and it has been refused; or
2.4.3 you have deferred your course to a later academic year.
2.5 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.
2.6 If we receive your notice of cancellation and supporting evidence 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 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.
2.7 If for any reason you are given access to the accommodation before collecting your keys, the act of using the accommodation will be treated as collecting your keys.
2.8 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 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 during that time. We will charge you a £50 fee towards our costs of dealing with your departure and finding a replacement tenant.
2.9 If you cancel your accommodation contract under clause 2.8, 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 room in respect of the remainder of your notice period.
2.10 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 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 who is not one of our full-time students or who has a poor credit or disciplinary record, or who is already 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.
2.11 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. We will charge you an administration fee of £50, which must be paid before you move.
2.12 We can ask you to move out of the accommodation if:
2.12.1 you are not registered as a student at the University of Leeds; or
2.12.2 you are in serious or persistent breach of these terms and conditions; or
2.12.3 the outcome of disciplinary proceedings against you is that you must leave your accommodation; or
2.12.4 in our reasonable opinion, your health or behaviour constitutes a serious risk to you or to others.
2.13 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.
2.14 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 4.7), including net loss of income if we are unable to re-let your room.
3 Possible changes to your tenancy dates
3.1 If due to public health measures the start of the University of Leeds academic year 2022/23 is postponed, we will notify you as soon as practicable. We will adjust the intended start date and/or duration of your tenancy accordingly, and this clause 3 will apply.
3.2 Subject to any right of cancellation that you or we may have, you will have an obligation to pay for the period during which you will be entitled to occupy the accommodation (the “Tenancy Period”) whether you are actually in occupation or not. The Tenancy Period will be -
FROM AND INCLUDING either:
- the start date you were offered during the booking process; or if later
- the date which is 7 days before the revised academic year start date (which we will confirm to you if the start of the academic year is postponed)
UNTIL AND INCLUDING either:
- the end date you were offered during the booking process; or if later
- the date which is 30 weeks after the revised academic year start date (which we will confirm to you if the start of the academic year is postponed)
PROVIDED ALWAYS THAT
- except as stated in clause 11.8 (travel restrictions in force at the end of the tenancy) under no circumstances shall the Tenancy Period continue beyond 8 September 2023 (even if this means your tenancy is reduced to less than 30 weeks).
2.3 If the Tenancy Period is shorter than the tenancy length you were offered during the booking process, we will apportion the rent so that you only have to pay for the shorter duration.
Booked tenancy length: 42 weeks @ £117 per week. Total = £4,914
Revised tenancy length: 32 weeks. Total = 32 x £117 = £3,744
You pay the lesser amount.
3.4 You will be liable to pay for the Tenancy Period in full, even if you arrive after the start of the Tenancy Period or leave before it ends, unless and to the extent that:
3.4.1 the contract is validly cancelled as permitted by these terms and conditions; or
3.4.2 we have to close the Residence (see clause 11); or
3.4.3 you are prevented from travelling to Leeds in time for the start of the Tenancy Period because of restrictions in force to control the spread of disease that have been made under regulations by the UK Government or by the local authority covering Leeds and/or the area of the UK from which you are travelling; or
3.4.4 you are not ordinarily resident in the UK and you are prevented from travelling to Leeds in time for the start of the Tenancy Period because, due to public health restrictions, your government will not allow you to leave the country where you are living or will not allow you to travel to the UK or because the UK Government will not allow you to enter the UK.
3.5 If you are delaying the start of your tenancy under clause 3.4.4 you must send us evidence in the English language of any applicable foreign regulations. Unless clause 3.8 applies to you and you cancel your contract under that clause, you will have to pay rent from the point where restrictions are lifted.
3.6 If we postpone the start of your tenancy by fewer than 4 weeks, neither you nor we will have the right to cancel for that reason and we will each use our reasonable endeavours to carry out the intent and effect of the contract between us.
3.7 If we postpone the start your tenancy by more than 4 weeks, you will have 7 days from being notified of the revised start date to cancel your contract for accommodation.
3.8 You may cancel your contract for accommodation if you are not ordinarily resident in the UK and you are prevented from starting your tenancy within 4 weeks of the start of the Tenancy Period because your government will not allow you to leave the country where you are living or travel to the UK, or because you are prevented by the UK Government from entry to the UK, due to public health restrictions.
3.9 To cancel under this clause 3, the person wishing to cancel must give the other party to the contract written notice of cancellation. This may be sent by post or email (notices to us should be sent to firstname.lastname@example.org, but not by other electronic means). If you are cancelling as permitted by clause 3.8, you must send us evidence of any applicable foreign regulations in the English language. Neither you nor we may give notice of cancellation under this clause 3 after you have collected your keys.
3.10 If the contract is validly cancelled under this clause 3 we will refund to you in full any pre-payments that you have made for your accommodation that relate to the period after cancellation, but we will not be liable to pay you any compensation.
3.11 If you cancel your contract under clause 3.8, we will make a cancellation charge of £50 towards our administration costs and loss of rent. We will not make an administration charge if we cancel the contract.
3.12 It is a condition of this accommodation contract that you must have paid all sums due under this or any previous accommodation contract with us before the date your tenancy is due to start. If you have not paid us everything you should have paid for accommodation before the date your tenancy is due to start, we may cancel your accommodation contract by giving you notice at any time before you collect your keys.
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 plans that you make will need to take account of this information.
4.2 We will be providing timed arrival slots before and 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 paid your deposit
4.3.2 accepted your offer of accommodation
4.3.3 completed our online accommodation induction programme.
4.4 If you are ill when your tenancy is due to start, you must follow all applicable public health advice and let us know if you will be postponing your arrival. If you have an infectious disease you must minimise your contact with others until you have recovered.
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.
4.6 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.
5 Rent and other charges
5.1 You agree to pay us the amount of rent stated in our offer of accommodation (subject to any adjustments for a shorter Tenancy Period, as set out in clause 3 or temporary closure as set out in clause 11).
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 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.
5.4 The rent includes:
5.4.1 heating, lighting, electricity, water, drainage and internet connection;
5.4.2 insurance of your personal possessions (subject to the insurer’s terms and conditions);
5.4.3 a limited number of laundry credits.
5.5 The rent does not include:
5.5.1 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);
5.5.2 telephone calls;
5.5.3 charges for using the laundry if you need to buy additional credits if you do a lot of laundry;
5.5.4 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 (see www.tvlicensing.co.uk/ on how to buy) – or you could face prosecution and a fine of up to £1,000.)
5.6 Rent must be paid by direct debit, bank transfer or payment card. We do not have to accept payment by cash or cheque.
5.7 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.
5.8 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.
5.9 You have the right to appeal against a charge or claim for damages - details of the appeals process can be found on our website.
5.10 To comply with government guidance and regulations relating to prevention and control of Covid-19 (Coronavirus), 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, residence gyms, exercise equipment or introducing kitchen or laundry rotas). As we will not make any cost saving from Covid-19 (Coronavirus) measures, we will not make any refunds or discounts for periods when these facilities are not available or if access to them is restricted.
6 Repairs and maintenance
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 5.7 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 reasonable time limits.
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 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.
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. We will give you at least 24 hours’ advance notice before other routine inspections and planned maintenance visits.
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.
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 Government guidance and regulations public health matters whilst present in your accommodation or the shared areas serving them, and you must do the same. If you are asked to leave an area of your Residence (including your own room) temporarily whilst staff or contractors do their work, you must comply, but you will be allowed to return to the area once work has finished.
7 Health, safety, security and welfare
7.1 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.
7.2 If you have to return to live with your family because you have an illness, you must promptly notify a member of our Accommodation Services team.
7.3 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.
7.4 If you are ill, you must follow all applicable public health advice. If you have an infectious disease you must minimise your contact with others until you have recovered. 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. Breaches of any UK Government regulations intended to safeguard public health, might constitute an offence for which you could be prosecuted and fined. You may also be subject to action under our disciplinary regulations, which could lead to a fine and/or termination of your accommodation contract and or suspension from the University and/or expulsion from the University.
7.5 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 and closing or isolating buildings if ordered to do so by a competent authority.
7.6 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.
7.7 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.
7.8 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.
7.9 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.
7.10 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 5.7) for the reasonable costs of storage and disposal.
7.11 We will provide ‘residence life’ wardens, who will be responsible for both welfare and discipline in our residences.
7.12 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.
8 Your use and care of your accommodation
8.1 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 ‘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 5.7.
8.2 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.
8.3 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.
8.4 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, air 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.
8.5 You must not smoke (including hookah/shisha pipes and e-cigarettes) in any part of any residence. We will claim from you under clause 5.7 for any damage caused as a result of smoking (e.g. burns to contents, lingering smells, damage to decor).
8.6 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.
8.7 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.
8.8 You agree not to sublet or share your accommodation. You agree not to transfer your tenancy without written permission from our Accommodation Services team.
8.9 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 safeguard residents’ health. 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.
8.10 If there are no University restrictions, or applicable UK Government regulations or guidance 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).
8.11 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.
8.12 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.
9 Your behaviour
9.1 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 ‘residence life’ warden for a party and are following the guidelines stated in that permission).
9.2 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 tolerate any form of harassment, discrimination or bullying.
9.3 You must comply with social or physical distancing and other guidance aimed at safeguarding public health, whether issued by us or the UK Government or one of its agencies. Failure to follow this guidance may lead to disciplinary proceedings being taken against you. Failing to follow regulations may lead to you being prosecuted and fined.
9.4 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.
9.5 If you have a bicycle, you agree to use it responsibly and to leave it only in the designated bicycle areas.
10 Enforcing the terms of the tenancy agreement
10.1 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.
10.2 Where we have reasonable grounds to believe that you are engaged in criminal activity, we are likely to report that to the police.
10.3 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 5.7 and 5.8.
10.4 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.
10.5 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).
10.6 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 5.7 and 5.8
10.7 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 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.
10.8 We do not accept liability for things that are not within our reasonable control and this clause 10.8 sets out the position in the event that such things occur.
10.8.1 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.
10.8.2 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.
10.8.3 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 performed despite the force majeure.
10.8.4 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 At the end of your tenancy
11.1 If we are required by the UK Government to close the Residence during the Tenancy Period, in order to safeguard public health, we will either:
11.1.1 terminate your accommodation contract if in our reasonable opinion the Residence is unlikely to re-open during the Tenancy Period; or
11.1.2 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).
11.2 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 11.1.1 or a period of temporary closure under clause 11.1.2.
11.3 If we are required to close the Residence during the Tenancy Period, you must comply with clause 11.4 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).
11.4 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 or 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).
11.5 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.
11.6 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 if you lose one during the tenancy), but we will provide you with written evidence of the amount.
11.7 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.
11.8 If there are regulations in force at the end of the Tenancy Period that prevent you from leaving Leeds or prevent you from travelling to your next destination, you will be allowed to stay in University accommodation whilst those regulations remain in force. We may ask you to move to a different flat or residence for the additional days of your stay. You will be charged for the additional period of occupation (at the applicable daily rate for the accommodation), but this will not be at a higher daily rate than the Rent. If the regulations were not made by the UK Government, we may ask you to provide evidence, in English, of the regulations that are preventing you from travelling.
12 Edge Club (sports) membership
12.1 This clause 12 does not apply to people living in our family accommodation.
12.2 People living in residences other than our family accommodation are allowed to use The Edge free of charge whilst they are a tenant, subject to the provisions of this clause 12.
12.3 During your tenancy if there are restrictions in force to control the spread of disease or otherwise safeguard public health that have been made under regulations by the UK Government or by the local authority:
12.3.1 we cannot guarantee that The Edge will be open throughout the Tenancy Period or at all;
12.3.2 users of The Edge must comply with any temporary regulations and 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;
12.3.3 The Edge may be subject to revised opening and closing times, limits on the number of users, the requirement to make an appointment before use and any other restrictions or controls that we consider to be reasonably necessary.
12.4 In addition to any temporary restrictions or controls, use of The Edge is subject to the User Terms & Conditions and you must comply with these.
12.5 Subject to clause 12.3, your free use access to The Edge entitles you to:
12.5.1 use the sports halls, squash courts, climbing wall at The Edge during opening hours;
12.5.2 attend classes free of charge;
12.5.3 use the gym and swimming pool between 6.30am and 11.30am Mondays to Fridays and all day on Saturdays and Sundays.
12.6 You will only have access to the Edge Premium services if you upgrade to the Edge Premium membership (additional fees apply: https://sport.leeds.ac.uk/the-edge/membership/halls/).
12.7 Use of The Edge does not include free use of the University's outdoor centres.
12.8 You will not be entitled to use The Edge free of charge after your tenancy ends (you may still be entitled to apply for membership if you are a student and pay the applicable fee).
12.9 We will not give rent discounts or refunds for periods when you cannot gain access to or use The Edge.
13.1 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
40 St Thomas Street
13.2 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.