Booking Terms and Conditions - Scotland

For England and Wales, please see Booking Terms and Conditions - England & Wales

These tenancy booking terms and conditions set out the terms and conditions which apply to your booking with iQ Student Accommodation. If you do not understand these terms and conditions or the Tenancy Agreement you should seek appropriate advice before accepting them.

 

Booking Terms and Conditions

Required Payments at Time of Booking: Advance Rental Payment (where applicable)

Payment of the Advance Rental Payment (if you are required to pay an Advance Rental Payment) constitutes your acceptance that the Advance Rental Payment is retained to secure your room in accordance with these terms and conditions. 

You agree that the deadline to conclude your Tenancy Agreement:

  • If you have paid an Advance Rental Payment as a holding deposit, shall be 7 days following receipt of the Advance Rental Payment shall, or any other period agreed to by us; or
  • If you have not been required to a pay an Advance Rental Payment, shall be 7 days from confirming your booking, or any other period agreed to by us. 

(the “Deadline”)

If you have paid an Advance Rental Payment, this will be treated as a payment towards your first rental payment and will be credited to your rent account.  

Application Screening

  • You give us express consent to use the details provided by you to undertake searches against sanctions lists, including those maintained by the United Kingdom, the United States, the European Union (“Sanctions Lists”); and
  • background checks, including but not limited to searches against United Kingdom law enforcement databases (“Law Enforcement Databases”),

(“Screening Searches”).

You acknowledge that we may need to request additional information to verify your identity in connection with the Screening Searches (“Screening Search Additional Information Request”). You agree to cooperate with any Additional Information Request(s).

The undertaking of Screening Searches and/or any associated Screening Search Additional Information Request(s) will not affect your rights and/or our obligations to you under the Data Protection Act 2018.

You have the right to ask us not to undertake Screening Searches but in doing so we will not be able to progress your application

Debit / Credit Card Surcharge Fees

There will be no surcharge for payments made using a Debit Card/Credit Card.

Your Booking 

If there is an Advance Rental Payment payable to secure your room choice, by you paying to us an Advance Rental Payment, we agree to hold a selected room for you on the basis that you will enter into a Tenancy Agreement by the Deadline. 

Where there is no Advance Rental Payment required to secure your room choice, by confirming your booking, we agree to hold a selected room for you on the basis that you will enter into a Tenancy Agreement by the Deadline.

In order to collect your key from your Tenancy Start Date you will be required to have paid any rent instalments that are due.

Your Tenancy Agreement

You will receive a copy of a tenancy agreement to be entered into by you, your guarantor and iQ Student Accommodation (the “Tenancy Agreement”), including your tenancy letter and these terms & conditions for review and acceptance via the Resident Portal. The Tenancy Agreement sets out the full terms under which you agree to rent a room from iQ Student Accommodation. You will have the opportunity to read the Tenancy Agreement before you are required to confirm your acceptance of it. Your tenancy letter includes a full schedule of your rent instalments and payment due dates.

You may cancel your booking or Tenancy Agreement with us subject to the cancellation policy detailed below. 

 

Room and tenancy changes 

Room Swaps

If you want to downgrade your room, you can do so up until 31st July (subject to room availability). On or after this date, you won’t be able to downgrade your room type. 

If you want to upgrade your room or move to a different room which is the same type as your original choice, you can do so free of charge up until the Tenancy Start Date (subject to room availability). 

Room moves after your Tenancy Start Date will be managed based on availability. An administration fee of £50 will be charged for the variation to the Tenancy Agreement.

Change to my tenancy length

If you wish to change your tenancy length to one of the other options available at your chosen site, you are able to do so without restriction and without charge up until 31st July (subject to room availability). 

After this date you will be unable to shorten your tenancy length but you may choose to extend it without charge (subject to room availability).

 

Cancellation policy

Cancellation by us prior to you collecting your key

iQ Student Accommodation reserves the right to cancel your booking on notice if:

  • you notify us after the Deadline that you have decided not to enter into the Tenancy Agreement;
  • we take all reasonable steps to enter into the Tenancy Agreement before the Deadline and you fail to do so, for example, if you fail to complete your application or provide guarantor details and supporting documentation in good time;
  • prior to entering into the Tenancy Agreement you provide us with relevant false or misleading information;
  • we are prohibited from entering to the Tenancy Agreement with you because of the Immigration Act 2014 (persons disqualified by immigration status). In the case we cancel your booking for this reason, you will not be liable for the contractual obligations laid out in the Tenancy Agreement from the date of cancellation, irrespective of whether you have signed it;
  • we have determined that you may be subject to sanctions imposed by any relevant government including those maintained by the United Kingdom Treasury and the United States Office of Foreign Assets Control and are prohibited from entering into the Tenancy Agreement;
  • prior to entering into the Tenancy Agreement, you have not paid any amounts that fall due before your tenancy start date (including any previous year’s rent or damage charges); and/or
  • prior to entering into the Tenancy Agreement you have committed any breach of any previous tenancy agreement with us.

We may also terminate your Tenancy Agreement for any of the reasons set out above, as set out in more detail in clause 2.4 of the Tenancy Agreement itself.

If you enter into the Tenancy Agreement, and you then fail to collect your key within 2 weeks of your Tenancy Start Date, iQ Student Accommodation reserves the right to: (a) cancel your booking and terminate the Tenancy Agreement and (b) re-let your room. In these circumstances any rent paid by you (including any Advance Rental Payment allocated to the first payment of rent) will not be refunded to cover any losses incurred by us for empty unlet rooms.  This provision takes precedence over any provisions in the Tenancy Agreement.

If your booking is cancelled in such circumstances, any Advance Rental Payment you have paid will be retained by IQ. 

Cancellation by you – prior to collecting your key

If you have entered into the Tenancy Agreement and you wish to cancel your booking, you will remain liable for the contractual obligations set out in the Tenancy Agreement and you may not cancel the booking unless you can provide proof that you fit any of the following criteria and have not yet collected your key, and provide the evidence required within the timescales as detailed below:

  • you notify us of your intention to cancel your booking prior to 1 August or, if your Tenancy Start Date (as defined in your Tenancy Agreement) is in any month other than September, 28 days before your Tenancy Start Date.
  • you notify us of your intention to cancel within 7 days of payment of your Advance Rental Payment (if you have paid an Advance Rental Payment) and you have not collected your keys.
  • Your UK Visa application has been denied.
  • You have not obtained the required qualifications to get into your first University of choice
  • You are deferring your university entry.

Where proof is provided in accordance with these terms and conditions and to our reasonable satisfaction, you will be entitled to cancel the booking and you will not be liable for the contractual obligations laid out in the Tenancy Agreement from the date of cancellation.

All cancellation notifications must be made via the 'cancel my booking' button found in your iQ Account using the iQ app or the online resident portal or by emailing [email protected]

Evidence required where there is a cancellation by you

Notify us of your intention to cancel within 7 days of payment of your Advance Rental Payment (if you have paid an Advance Rental Payment) and you have not collected your keys.

No further evidence is required beyond notifying us, and your Advance Rental Payment will be returned to you.

Notify us of your intention to cancel prior to 1 August or 28 days before your Tenancy Start Date if your Tenancy Start Date is in any month other than September but more than 7 days after the payment of your Advance Rental Payment (if you have paid an Advance Rental Payment).

No further evidence is required beyond notifying us. Your Advance Rental Payment (if you have paid an Advance Rental Payment) will be retained and allocated to the first payment of rent.

Failure to get in to your first university of choice 

Should you fail to gain the required qualifications and are not accepted into the University you stated as your first choice, or you choose to go to a different University because you have exceeded your expected grades, you may cancel your Tenancy Agreement and we will refund any Advance Rental Payment and any rent payments made so long as you provide the following information within the timescales mentioned below: 

  • Written confirmation from you that you wish to cancel your reservation due to having failed to obtain the required grades for your first choice University or you have exceeded your grades; and
  • Supporting written evidence from the University or UCAS rejecting your entry/acceptance of your new university.

This information must be provided to us within 72 hours of your exam results being published to be eligible for an Advance Rental Payment refund (if you have paid an Advance Rental Payment). In these circumstances, any Advance Rental Payment and rent payments will be returned in full within four weeks.

Please note, if you are attending another University in a city where iQ Student Accommodation has a property, our team will be happy to support you in finding suitable accommodation. In this case, any Advance Rental Payment and any rent payments made may be transferred over to your new booking.

Failure to obtain a UK Visa

If you fail to obtain a UK Visa before the start date of your tenancy, we will cancel your Tenancy Agreement and refund any rent payments made so long as you provide the following information:

  • Written confirmation from you that you wish to cancel your reservation; and
  • Supporting official evidence to show that the Visa was declined.

This supporting evidence should be supplied to iQ Student Accommodation within 72 hours of you receiving official confirmation. In these circumstances, any Advance Rental Payment and any rent paid will be returned to you within 4 weeks. 

Deferment of University entry

If you choose to defer your university entry to the next academic year before the start date of your tenancy and having entered into a Tenancy Agreement, we will cancel your Tenancy Agreement and refund any rent payments made as long as you provide the following information:

  • Written confirmation from you that you wish to cancel your reservation due to deferring your university entry to the next academic year; and
  • Supporting written evidence from the University or UCAS to confirm deferral

Where the reason for cancellation is not one of the five matters listed above (e.g. you have changed your mind, booked a different accommodation, voluntarily withdrawing your university entry), you will remain liable for the full contractual rent, unless and until a replacement tenant is found for your accommodation. You are responsible for finding an eligible replacement tenant, although site staff will assist where possible. 

If you wish to cancel the booking and a replacement tenant is found, subject to our agreement, you will be released from the contractual obligations set out in the Tenancy Agreement. Once the new replacement tenant has signed their Tenancy Agreement and paid any rent due, any overpaid rent money will be refunded to you.  Please note that all tenancies commence on a Saturday; therefore the relevant site team will confirm your official release date from your contractual obligations under the Tenancy Agreement.

Cancellation by you – Earlier of key collection or commencement of Tenancy Start Date

Once you have collected your key or the Tenancy Start Date has passed, the only way to release yourself from the Tenancy Agreement is to find a replacement tenant who will take on the full contractual obligations under the Tenancy Agreement. We will only permit you to do this in the period starting one month after your Tenancy Start Date and two months before your Tenancy End Date (“Permitted Period”).

If a replacement Tenant is found for your Room during the Permitted Period, we will release you from your Tenancy Agreement from the start date of the replacement Tenant's new Tenancy Agreement (Please note that all tenancies commence on a Saturday). If you have occupied the Room prior to this, you will be charged £50.00 to cover our costs of preparing the Room for the replacement Tenant.

 

Governing Law

These terms and conditions (including any claims or disputes relating thereto) shall be governed by and construed in accordance with the laws of Scotland. The Parties irrevocably submit to the exclusive jurisdiction of the Scottish courts over any claim, dispute or other matter arising under or in connection with these terms.