Residential licence agreement
Thank you for your recent application for accommodation.
This Letter sets out the principal terms of your Licence.
The Licence is subject to the attached Licence Terms and Conditions, and by accepting this Letter you will be confirming that you agree to the terms set out in this Letter and the Licence Terms and Conditions. This Letter and the Licence Terms and Conditions together form the Licence Agreement.
The Licence Agreement requires compliance with the Residents Handbook for the Building. A copy of this is available in on the IQSA website and you should read its terms before agreeing to the Licence Agreement.
You are about to accept a legal contract which binds both the Licensor and the Licensee. It is important that you understand what you are agreeing to. If you are unsure you should get advice from a lawyer.
The Licensee's right to occupy a Room will only start once the Licence Agreement has been accepted by all of the Licensees and the first instalment of licence fee has been paid.
The principal terms of the Licence are as follows:
7th Floor East, Cottons Centre, Cottons Lane, London, SE1 2QG
Main Licensee’s Full Name
Licensee’s Current Address
Guarantor’s Full Name
Licence Start Date
Licence End Date
Licence Fee Details
Weekly Licence Fee
Total Weekly Licence Fee Payable
We draw your attention to the termination rights detailed in clause 8.1 – 8.4 (inclusive) of the Licence Terms and Conditions.
Special Conditions There are no special conditions that will apply to your Licence
LICENCE TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
1.1 In these Licence Terms and Conditions, the words and expressions set out in the Letter shall have the meanings stated therein and the following words and expressions have the following meanings:
"Building Common Areas" means the areas in and around the Building provided by the Licensor from time to time for the benefit of all Licensees such as the entrance hall, stairs and corridors and any laundry, courtyard, car park, footpaths, driveways, lifts and bicycle stores and (if applicable) gymnasium and swimming pool provided from time to time and includes its Contents;
"Building" means the building or buildings mentioned in the Letter and where the Room and the Building Common Areas are situated;
"Contents" means the furnishings, fixtures and fittings in the relevant area;
"Flat" means (if any) the flat (which the Licensor will allocate on the Licence Start Date and may alter from time to time) which the Room forms part of;
"Flat Common Areas" means the Flat (other than the Room and other rooms within the Flat occupied or designed to be occupied exclusively by other Licensees of the Flat);
"Legal High" means a substance with stimulant or mood altering properties whose sale or use is not banned by current legislation regarding the misuse of drugs;
"Letter" means the Letter addressed to the Licensee which is enclosed with or attached to these Licence Terms and Conditions;
"Licence Agreement" means this Licence agreement constituted by the Letter and these Licence Terms and Conditions;
"Licence Fee" means as set out in the Letter;
"Licence Period" means the period from and including the Licence Start Date and ending at 10:00 am on the Licence End Date;
"Manager" means IQSA Services Limited or any entity that directly or indirectly controls, is controlled by, or is under common control with such company or any entity that directly or indirectly controls, is controlled by, or is under common control with iQ Group;
"Residents Handbook" means the residents handbook for the Building contained in the residents portal and/or available via the iQ Student Accommodation website;
"Room" means the property licenced to the Licencee detailed in the Licence Letter and includes its contents;
**"Service Media"** means central heating and hot water systems, electrical services for power and lighting, drainage and water services, and any data or phone services provided;
"Utilities" means the supply of gas, electricity and water where provided exclusively to the Flat; and
"Working Day" any day other than Saturday, Sunday or any bank or public holiday.
1.2 The expression "Licensor" includes successors in title (which means any buyer of the current Licensor's interest in the Building).
1.3 When used in this Licence Agreement, the expressions "us" "we" and "our" shall be taken as references to the Licensor and the expressions "you" and "your" shall be taken as references to the Licensee.
1.4 Any obligation on us or you not to do any act or thing is also an obligation to take all reasonable steps not to permit or suffer any other person to do any such act or thing.
1.5 If the Licensee is any time more than one person any reference to the Licensee includes a reference to each such person and any obligation of the Licensee is a joint and several obligation (which means that the Licensor may enforce the relevant provisions of the Licence Agreement, in full, against all other parties).
1.6 Headings used in this Licence Agreement are for convenience only and are not to be considered in interpreting the Licence Agreement.
2. THE LICENCE
2.1 Subject to the payment of the first instalment of the Licence Fee in accordance with clause 3.1 of these Licence Terms and Conditions, you are permitted to occupy a Room for the Licence Period subject to these Licence Terms and Conditions. This agreement only takes effect as a licence upon the receipt of the first instalment of the Licence Fee in accordance with clause 3.1 of these Terms and Conditions and operates as an agreement for licence until such time which may be terminated by the Licensor:
2.1.1 on notice if that first instalment of the Licence Fee is not received on the date on which it is due;
2.1.4 if you provide the Licensor with relevant false or misleading information; and/or
2.1.5 if the Licensor is prohibited from granting a Licence because of the Immigration Act 2014 (persons disqualified by immigration status).
2.2 Subject to you complying with the contents of the Residents Handbook, or any other conditions detailed in the Letter, you may use the Building Common Areas and the Flat Common Areas (for use in connection with your occupation of the Room only) in common with us and all other Licensees and tenants of the Building and all other persons from time to time duly authorised by us.
2.3 We may move you to alternative accommodation (which may be in a hotel) during the Licence Period PROVIDED THAT:
2.3.1 you are given reasonable notice;
2.3.2 the alternative accommodation is not of a materially lesser standard than your Room.
2.4 You will occupy the alternative accommodation on the same terms as those of this Licence Agreement.
2.5 This provision does not extend to the absence of lift facilities where failure of the lift is beyond our control.
2.6 If the conditions of 2.3 are met then the Licence Fee will continue to be payable.
2.7 If we are unable to offer temporary alternative accommodation the Licence Fee will stop being payable until the Room and Building Common Area is reinstated, made habitable and accessible. Any Licence Fee paid in advance will be refunded on a daily basis.
3. OUR OBLIGATIONS
3.1 We agree with you that if you pay the Licence Fee in accordance with clause 4.1 of these Terms and Conditions and perform all your obligations under this Licence Agreement, then you may possess and enjoy the Room during the Licence Period without any interruption from us or any person acting on our behalf (except for any reason expressly set out in these Terms and Conditions) and we will:
3.1.1 maintain the installations in the Building and the Room for the supply of water, gas and electricity and for space heating, water heating and sanitation in each case insofar as necessary for the occupation of the Room (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity) and provide a supply of hot and cold water, gas and electricity and for space heating, water heating and sanitation subject to reasonable usage to the Room, the Flat Common Areas and the Building Common Areas;
3.1.2 maintain the structure of the Building including the window frames and window glass;
3.1.3 keep the laundry facilities in good repair and working order;
3.1.4 clean and maintain and provide heating and lighting to the Building Common Areas; and
3.1.5 insure the Building against fire and other usual comprehensive risks as long as insurance cover is available at commercial rates. This insurance does not extend to tenants possessions or belongings.
3.2 We can withdraw or suspend services to be provided by us if we consider it necessary to do so in the interests of good management including (without limitation) interruptions to allow us to carry out repairs or alterations and we shall not be liable for any costs, expenses, losses, liabilities damages or actions resulting from doing so nor will we be obligated to pay compensation for loss of such amenities.
4. YOUR OBLIGATIONS
4.1 You agree to pay the Licence Fee to us at the times and in the manner specified in the Letter without set off and whether demanded or not and irrespective of whether You have taken up the Licence by collecting the keys. Anybody who makes payments on your behalf of Licence Fee or other amounts due from you under this Licence Agreement does so as your agent. It is your responsibility to make sure that payments are made on time and to the correct amount. We are not required to send reminders about payment due dates or issue invoices.
4.2 If you fail to pay the Licence Fee in full within 14 days of a date upon which payment is required to be made, we may charge, and if charged you will pay, interest at the rate of 3% per annum above the base rate of the Bank of England from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis .
4.3 If payment of the Licence Fee or any other amount due from you under this Licence Agreement is late (without prejudice to any other right we have) we reserve the right to:
4.3.1 refer your account to a debt collection agency and seek from you, as damages, all reasonable and proper costs and expenses (including legal costs) and any VAT thereon incurred by us in order to recover outstanding Licence Fee or other amount unpaid by you;
4.3.2 remove any promotional discounts relating to your Licence Agreement; and
4.3.3 remove internet access whilst your account is in arrears.
4.4 You agree to pay for a television licence to the British Broadcasting Corporation for the Room or (jointly with others if applicable) your kitchen if a licence is required.
4.5 If any of the costs in this clause are payable in relation to the Room together with another property, the Licensee shall pay a fair proportion of all those costs.
4.6 You agree that you will:
4.6.1 maintain the Room and the Flat Common Areas in at least as good repair and decorative order and clean condition as it is in at the Licence Start Date (or if you have occupied under a previous Licence, the earliest start date of any previous licences that you entered into in relation to the Room) except for damage by accidental fire and water from the Service Media);
4.6.2 not remove any of the Contents from Room and the Flat Common Areas and maintain the Contents in at least as good repair and condition as they are in on the Licence Start Date (or if you have occupied under a previous Licence, the earliest start date of any previous licences that you entered into in relation to the Room except for fair wear and tear;
4.6.3 not to attempt to carry out any repairs and promptly notify us of any damage or defect in the Room and/or the Flat and/or the Contents and/or the Building;
4.6.4 operate the Service Media and electrical appliances in the Room and the Flat in accordance with the manufacturer's instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which are not supplied by us comply with all relevant standards and regulations including to permit the Licensor to electrically test equipment at your expense, if requested to do so; and
4.6.5 Not to allow a build-up of rubbish to occur (particularly food waste) in your Room or kitchen (including your use of a shared kitchen) and to remove waste to the approved site facility in a timely manner
4.6.6 Keep your Room and the Flat Common Areas (even where this is a shared facility) in a reasonably clean and hygienic state. If you breach this clause, we may seek, as damages, from you (or jointly in the event you have access to Flat Common Areas), the cost of having the Room and/or the Flat Common Areas professionally cleaned. If as a result of your failure to comply with this clause, your Room and/or the Flat Common Areas (including any shared kitchen) becomes infested with pests, we may seek from you, as damages, the cost of any professional treatment to remove such pests.
4.7 You agree that you will comply with all statutes and other laws and regulations in relation to your use of the Room and the Flat.
4.8 We may seek from you, as damages, any costs we incur in repairing any damage to the Room and/or in replacing any of the Contents of the Room and the Flat, which damage is caused by you or your failure to observe and comply with your obligations under this Licence Agreement.
4.9 You agree to report any accident or incident that could potentially impact the health and safety or wellbeing of others in or around the Building to us as soon as possible after it occurs and in any event no later than within 48 hours after it occurs and, if reasonably requested to do so by us, you agree to complete an incident or accident form and return it to us.
4.10 You agree that if required by us you will pay a fair and reasonable amount in respect of the joint use of utilities provided to the Building Common Areas.
4.11 You agree that you will occupy the Room and the Flat for personal residential purposes only and that you will not carry on any profession, trade or business whatsoever in the Room or any other use other than private residential.
4.12 You agree that you will not use the Room or the Building or the Flat for any improper, immoral or illegal purpose nor in any way which may, in our reasonable opinion, be a nuisance, damage or annoyance to the other Licensees of the Building, any adjoining premises or to us, and in particular, you will not:
4.12.1 cause any noise which, could cause a nuisance to or interfere with the quiet enjoyment of any other resident of the Building;
4.12.2 keep or use legal highs or drugs, the possession or use of which is prohibited by law (including but not limited to the Misuse of Drugs Act 1971) and which if discovered You agree that We may remove these for disposal and/or handover to the authorities;
4.12.3 smoke in the Room or Building other than in any outside designated smoking areas. This includes ‘vaping’ and/or other forms of e-cigarette or cigarette substitutes that emit smoke or vapours. If you breach this clause, we may seek from you, as damages, all costs incurred by us as a result including an inspection fee to ensure the proper operations of the fire detection equipment and/or a cleaning fee to have the area cleaned (details of these costs may be obtained from the Resident’s Handbook);
4.12.4 keep or use any firearms, knives (other than domestic kitchen knives), or any weapons of any kind in the Room or Building;
4.12.5 harass, intimidate, threaten or assault any other occupants of the Room or the Building or their guests or any of our employees or any other person, or threaten to do so;
4.12.6 tamper with our fire prevention systems and control equipment (including not maliciously, recklessly or negligently activating such fire prevention systems). In the event that you are found to be in breach of this clause you agree we may report you to the local Fire and Rescue Service, Fire Safety Officer, who may decide to prosecute. We may also seek damages from you including the cost to have any fire safety equipment inspected to ensure its continued effective operation;
4.12.7 to vacate the Building (and to ensure that any visitors you have also vacate the Building), immediately whenever the fire alarm is sounded;
4.12.8 use designated fire escapes except for the purposes of emergency escape;
4.12.9 obstruct any means of access within the Building;
4.12.10 keep bicycles (or similar) in any part of the Building other than in areas designated by the Manager;
4.12.11 keep, store or use any liquid or gaseous fuel, noxious or explosive substances or compressed gases, gas or oil heaters or other fuel burning appliance in the Building, including deep fat fryers and candles;
4.12.12 keep any animal, bird, insect or reptile in the Room or the Building Common Areas or the Flat Common Areas, except as permitted by us;
4.12.13 damage or leave in a dirty or untidy state any parts of the Building;
4.12.14 alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Contents or the Building;
4.12.15 fix anything to the interior of the Room in any manner which may damage the structure or decoration of the Building or the Building Common Areas or the Flat Common Areas or place anything outside the windows of the Room or Building Common Areas or the Flat Common Areas;
4.12.16 dry items of laundry on the heaters within the Building or Room, nor hang them so as to be visible from the outside of the Building;
4.12.17 flush sanitary items down the toilet, or pour oil or grease down the drains nor do anything else likely to block or harm the drains;
4.12.18 drain or allow to be drained any food waste or cooking oil down the kitchen sink as this will block the drains. If you breach this clause we may seek damages from you including the cost to have your drains unblocked;
4.12.19 tamper with fixtures and fittings including, without limitation, space heating and lighting equipment, kitchen and bathroom fittings and equipment, fire safety equipment, fire doors and restrictors on the windows;
4.12.20 erect any external wireless or television aerial or satellite dish;
4.12.21 not to tamper with any window restrictors or seek to override their use through the use of proprietary tools;
4.12.22 do anything in the Room, or the Building Common Areas, or the Flat Common Areas which would prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force;
4.12.23 compromise the security of the Building by leaving windows open when not in the Room, leaving security doors open or 'on the latch' or allowing unauthorised access through 'tailgating';
4.12.24 use or allow to be used any electrical item that does not conform to the European Union standards for electrical goods and/or which does not carry the EU 'CE' conformity marking. If on inspection or other occasion where such objects are found You give us permission to remove such items without payment of compensation which in Our opinion may not be electrically safe. Any such items removed will be returned to You at the end of Your Licence Agreement;
4.12.25 not to use Rice Cookers or Deep Fat Fryers in the Building at any time;
4.12.26 not to leave cooking unattended at any time;
4.12.27 not to import, smuggle or take delivery of goods that have been illegally imported for the purpose of evading the payment of duty and/or other taxes and in particular tobacco products. In the event we suspect that suspicious parcels are being delivered to the sites you agree that we may intercept these, examine the contents and if necessary withhold the contents and inform the appropriate authorities;
4.12.28 not to photograph or record using any other digital media, members of IQSA staff without express consent;
4.12.29 not to bring into the Building any additional appliances or furniture which supplement the facilities provided by the Licensor. This includes, additional refrigerators, freezers, washing machines, bookcases, chests of drawers, wardrobes, portable cookers, gas powered barbeques, spin dryers, or any other device that in the opinion of the Operations Manager is inappropriate for use in the property; and
4.12.30 not to use electrical extension leads that do not have a safety cut off switch or isolating switch and which do not have the EU ‘CE’ markings. You must not daisy chain such extension leads by plugging them together in-line. You give us permission to remove such installations or devices.
4.13 You agree that you will allow us (and those authorised by us), with reasonable written notice (except in cases of emergency), to enter the Room at reasonable times (causing as little inconvenience as possible), to:
4.13.1 inspect its condition;
4.13.2 carry out viewings of the Room with prospective Licensees or purchasers of the Building;
4.13.3 carry out any necessary repairs or alterations to the Room and/or Building; and
4.13.4 maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room.
4.14 You agree that you will allow us to access your room without notice in the following circumstances:
4.14.1 We suspect that you are using illegal substances such as drugs or other substances harmful to health including legal highs;
4.14.2 To allow us to check on your welfare if we have information or suspicion that you are at risk and we have not been able to raise you or get an acknowledgement through knocking at your door;
4.14.3 Where we are requested to allow access by the Police or other Emergency Services with or without a warrant;
4.14.4 To carry out emergency repairs; or
4.14.5 Any other reason which in the opinion of the Operations Manager requires urgent or immediate access to your Room.
4.15 You agree to comply with the Residents Handbook and, in particular, we may seek from you any damages suffered by the Licensor which accrue during the Licence Period by reason of any breach of the Licensee’s obligations in this Licence Agreement.
4.16 You will inform the appointed manager of the Building if you are likely to be absent for more than 14 days.
4.17 You will remove all refuse/rubbish from the Room, Flat Common Areas or Building Common Areas to the designated waste collection and recycling points at least once every week unless cleaning of your room is provided as part of the rent.
4.18 You will make sure that any guests/visitors you may have to the Building comply with the provisions of this Licence Agreement and our guest policy in place at the Building from time to time as regards use of the Room or Building and you agree that you will be responsible for the conduct of such guests/visitors and will be in breach of these Licence Terms and Conditions if they fail to comply with the provisions of this Licence Agreement in relation thereto.
4.19 You agree that you will not allow guests who are under 16 to stay in the Building overnight and/or beyond 10.00pm
4.20 You will obtain prior written approval from the appointed manager of the Building to any party or meeting of more than 6 people. You will ensure that all gatherings arranged by you or taking place in the Building respect the terms of this Licence Agreement.
4.21 You agree that you will not tamper with, remove, replace or otherwise interfere with the locks to your Room and/or Flat including any locks or restrictors designed to prevent you from falling from the window.
4.22 You agree to comply with all applicable laws, regulation and official guidance made by the United Kingdom Government (or the relevant devolved administration if applicable) in response to the Coronavirus pandemic while in the Building.
4.23 You acknowledge that your acceptance of this licence and occupation of your Room will result in your ineligibility to participate in any local authority designated or controlled Permit Parking Zone within the location of the Building where applicable.
4.24 In the event that the Building is Twerton Mill, Bath, you warrant that you will not keep a motor vehicle within 3km of the Building unless you are the holder of a valid disabled parking permit.
5. TRANSFER OF LICENCE
The Licensee acknowledges that this Licence is personal to the Licensee and cannot be assigned or charged by the Licensee and the Licensee may not part with possession or share occupation of a Room or any part of it under any circumstances.
6. WHEN YOU LEAVE
By no later than 10am on the last day of the Licence Period (however and whenever it ends) you agree to:
6.1 return the Room, the Contents and the key and/or fob to the Room to us in the same condition as at the Licence Start Date;
6.2 remove all personal possessions from the Room. If any of your personal possessions are left at the Room in breach of this provision, we may seek damages from you including all reasonable removal and storage charges. We may remove and store the possessions for a maximum of one month and take reasonable steps to notify you at the last known address that we have done so. If the items are not collected within one month, you agree that we may dispose of the items. The reasonable costs of removal, storage and disposal will be deducted from any proceeds received from the sale of such personal possessions;
6.3 make sure that any refuse/rubbish is disposed of in the external bins provided for the purpose.
6.4 If by mutual agreement we allow you to end your Licence early, you agree to sign a letter of termination prior to your departure. In the event we agree to this course of action, there is no obligation upon us to make any repayment of Licence Fee.
7. AGREEMENTS AND DECLARATIONS
7.1 It is agreed between you and us that if:
7.1.1 the whole or any part of the Licence Fee is unpaid for one month after it becomes due (whether legally demanded or not); or
7.1.2 there has been a breach, non-performance or non-observance of your obligations; then we may service a notice to quit on you and this Licence will end four weeks after the service of such notice but without prejudice to any right of action or remedy either you or we may have in respect of any previous breach of the other's obligations under the Licence Agreement. We may apply for a Court Order stating that you are a trespasser if you refuse to leave the Room at the expiry of such notice.
7.2 You warrant (confirm) that you are not listed in the Office for Foreign Assets Control Sanctions List (or equivalent) and you covenant not to become listed on the Office for Foreign Assets Control Sanctions List (or equivalent) and understand that the Licensor may terminate this Licence in accordance with clause 8.1 of this Licence Agreement if you are found to be listed on the Office for Foreign Assets Control Sanctions List (or equivalent).
7.3 It is a condition of this Licence Agreement that if we have reasonable cause to believe that you have committed any act of fraud or other similar criminal activity in entering into this Licence Agreement or making any payment due under this Licence Agreement, we may terminate the Agreement in accordance with clause 8.1.
7.4 We may seek from you, as damages, all costs and expenses (including (without limitation) legal costs), incurred by us in or in reasonable consideration of proceedings to recover possession of the Room and/or outstanding Licence Fee and/or any other sum incurred as a result of you not performing your obligations under the Licence Agreement.
7.5 It is agreed between you and us that if the Room and/or Building are destroyed, or are otherwise damaged so as to make the Room incapable of occupation, then we or you may end the Licence Agreement by giving the other one month's written notice.
7.6 You agree that neither the Licensor nor the Manager are responsible or liable for any costs, expenses, losses, liabilities, damages or actions of any nature whatsoever relating to or arising out of disputes between Licensees or other occupiers of the Building.
7.7 To the extent permitted by law, neither we nor the Manager will be liable to you or any of your guests for injury, damage, or loss to person or property caused by criminal conduct of other persons including theft burglary, assault, vandalism or other crimes or your personal conflict with other Licensees or occupiers of the Building.
7.8 Any insurance put in place by the Licensor does not cover the Licensee's possessions. The Licensee is advised to insure the Licensee's own possessions with a reputable insurer.
8. DATA PROTECTION
We from time to time shall gather, share and use information provided by the Licensee or obtained from other sources (e.g. reading meters at the Flat) for the purpose of managing this Licence in accordance with data protection laws and our privacy notice. In addition to storing and using this information for our own purposes, we will share such personal data with certain third parties including relevant utility suppliers, any local authority and the university. In the event that we have serious concerns about your health or well-being we may contact your named next of kin or other person whom you have nominated for this purpose. You shall provide us with your forwarding address at termination of this Licence.
If any term, condition or provision contained in the Licence Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of the Licence Agreement shall not be affected.
You are hereby notified that you may serve notices (including notices in proceedings) on us at the following address:
IQ Student Accommodation 7th Floor East Cottons Centre Cottons Lane London SE1 2QG The addresses for service of notices on you are the addresses of those parties as set in the Letter.