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 are encouraged to seek appropriate advice before accepting them.
Required Payments at Time of Booking: Booking Fee
Payment of the Booking Fee constitutes your acceptance that the Booking Fee is retained by us as a holding deposit to secure your room in accordance with these terms and conditions. You agree that the deadline to conclude the Tenancy Agreement following receipt of the Booking Fee shall be 15 days thereafter, or any other period agreed to by us (the “Deadline”). As agreed by entering into the Tenancy Agreement, the Booking Fee will be treated as a payment towards your first rental payment and credited to your rent account.
By you paying the Booking Fee, you give us express consent to use the details provided by you to undertake searches against sanction lists maintained by the governments of (a) the United Kingdom; (b)the United States and (c) other countries as we choose including those maintained by the United Kingdom Treasury and the United States Office of Foreign Assets Control. This 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 such 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.
By you paying to us a Booking Fee, we agree to hold a selected room for you on the basis that you will enter into a Tenancy Agreement by the Deadline.
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 of 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.
Period before you enter into the Tenancy Agreement - Failure to complete your application and enter into the Tenancy Agreement by the Deadline
iQ Student Accommodation reserves the right to not return the Booking Fee and cancel your booking on notice if:
(i) you notify us before the Deadline that you have decided not to enter into the Tenancy Agreement;
(ii) 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;
(iii) you provide us with relevant false or misleading information; and/or
(iv) we are prohibited from entering to the Tenancy Agreement because of the Immigration Act 2014 (persons disqualified by immigration status). From the date of cancellation, you will not be liable for the contractual obligations laid out in the Tenancy Agreement, irrespective of whether you have signed it.
Period from and including when you have entered into the Tenancy Agreement
Cancellation by us
Failure to collect your key within timeframe
If you enter into the Tenancy Agreement, and you then fail to collect your key within 5 weeks of the 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 the Booking Fee 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.
Provision of false or misleading information, persons disqualified by immigration status or failure to complete your application, provide guarantor details or supporting documentation in good time
We may also terminate your Tenancy Agreement for any of the reasons set out above, as set out in more detail in clause 2.2 of the Tenancy Agreement itself.
Cancellation by you
If you have entered into the Tenancy Agreement and you wish to cancel your booking, regardless of whether you have collected your keys, 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:
• 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.
• Your UK Visa application has been denied.
• You have failed to obtain the required qualifications to get into your first University of choice.
• Extenuating circumstances e.g. ill-health, family circumstances.
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.
Evidence required where there is a cancellation by 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
No further evidence is required beyond notifying us, but your Booking Fee will be retained as a cancellation fee.
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, you may cancel your Tenancy Agreement and we will refund your Booking Fee 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; and
• Supporting evidence from the University or UCAS.
This information must be provided to us within 72 hours of your exam results being published to be eligible for a Booking Fee refund. In these circumstances, your Booking Fee and rent payments will be returned in full within four weeks. If you fail to provide the information within 72 hours of your exam results being published, your Booking Fee will be retained as a cancellation fee.
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, your Booking Fee 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 rent paid will be returned to you within 4 weeks but an amount equal to the Booking Fee will be retained as a cancellation fee.
If you are no longer able to attend University and/or live away from home due to extenuating circumstances, such as ill health or family issues, please contact us in order to discuss the matter.
Cancellation by you – no special circumstances
Where the reason for cancellation is not one of the three matters listed above, 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 and any overpaid rent money will be refunded to you, less an amount equal to your Booking Fee as a cancellation fee. 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.
If you cancel the booking, but you enter into a new tenancy agreement with iQ Student Accommodation in respect of a different room within the same academic year, you will be required to pay to us an administration fee of £50.
Any decision made to release you from the terms of the Tenancy Agreement outside of these criteria is made by iQ Student Accommodation, at its sole discretion, on an individual case by case basis.
Room and tenancy changes
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 the start of the Tenancy Agreement 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 can you may choose to extend it without charge up until the Tenancy Start Date (subject to room availability). An administration fee of £50 will be payable should you wish to vary your Tenancy Agreement to one with a longer tenancy length (subject to room availability).
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.