Dear <Tenant’s Name>
Thank you for your recent application for accommodation.
This Tenancy Letter sets out the principal terms of your Tenancy.
The Tenancy is subject to the attached Tenancy Terms and Conditions, and by accepting the Tenancy Letter you will be confirming that you agree to the terms set out in this letter and the Tenancy Terms and Conditions. This Tenancy Letter and the Tenancy Terms and Conditions together form the Tenancy Agreement.
The Tenancy Agreement requires compliance with the Tenant Handbook for the Building. A copy of this is available on the iQSA website and you should read its terms before agreeing to the Tenancy Agreement.
You are about to accept a legal contract which binds both the Landlord and the Tenant and the Guarantor. It is important that you understand what you are agreeing to. If you are unsure you should get advice from a lawyer.
The Tenant's right to occupy the Room will only start once the Tenancy Agreement has been accepted by all of the Tenants (where this is a joint tenancy) and (unless waived by the Landlord) the Guarantors and the first instalment of rent has been paid. The require documentation supplied by the Guarantor must also be accepted by the Landlord or the Landlord’s Agent
The principal terms of the Tenancy are as follows:
Main Tenant's Full Name
Tenant's Current Address
Guarantor's Full Name
Tenancy Start Date
<Contract Start Date>
Tenancy End Date
<Contract End Date>
<Reservation Fee Amount>
<Total Rent Amount>
<Due Date 1>
<Rent Amount 1>
<Due Date 2>
<Rent Amount 2>
<Due Date 3>
<Rent Amount 3>
<Due Date 4>
<Rent Amount 4>
TENANCY TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
1.1 In these Tenancy Terms and Conditions, the words and expressions set out in the Tenancy 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 Landlord from time to time for the benefit of all tenants 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 Tenancy Letter and where the Room and the Building Common Areas are situated;
• "Contents" means the furnishings, fixtures and fittings in the relevant area;
• “Deposit" means as set out in the Tenancy Letter;
• "Flat" means the flat mentioned in the Tenancy Letter 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 tenants of the Flat;
• "Housing Act 1988" means the Housing Act 1988 (as amended by the Housing Act 1996);
• "Inventory" means the inventory to be given to the Tenant on moving into the Room or downloaded by the Tenant as part of the check-in/arrival process;
• “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.
• "Manager" means IQSA (Westbourne) Limited (Company No. 8298665) 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 Vero Group
• "Room" means the property demised to the Tenant detailed in the Tenancy Letter and includes its contents (as stated on the Inventory)
• "Residents Handbook" means the residents handbook for the Building contained in the residents portal and/or available via the iQ Student Accommodation website;
• "Rent" means as set out in the Tenancy Letter;
• "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;
• "Tenancy Agreement" means this tenancy agreement constituted by the Tenancy Letter and these Tenancy Terms and Conditions;
• "Tenancy Deposit Scheme" means tenancy deposit scheme, as defined in section 212(2) of the Housing Act 2004;
• "Tenancy Letter" means the tenancy letter addressed to the Tenant which is enclosed with or attached to these Tenancy Terms and Conditions;
• "Tenancy Period" means the period from and including the Tenancy Start Date and ending at 10:00 am on the Tenancy End Date and any statutory periodic tenancy arising under section 5(2) of the Housing Act 1988 or any contractual periodic tenancy that arises after the Term has expired.
• “Tenancy Start Date” means that date that your occupation may commence under the terms of this agreement
• “Tenancy End Date” means the date this agreement ends and upon which you must leave the property unless subject to a subsequent tenancy or occupation agreement.
• "Utilities" means the supply of gas, electricity and water where provided exclusively to the flat.
• “Working Day” any day other than Saturday, Sunday or any bank or public holiday.
1.2 The expression "Landlord" includes successors in title (which means any buyer of the current Landlord's interest in the Building).
1.3 When used in this Tenancy Agreement, the expressions "us" "we" and "our" shall be taken as references to the Landlord and the expressions "you" and "your" shall be taken as references to the Tenant.
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 Tenant or the Guarantor is at any time more than one person, any reference to the Tenant or the Guarantor includes a reference to each such person and any obligation of the Tenant or the Guarantor is a joint and several obligation (which means that the Landlord may enforce the relevant provisions of the Tenancy Agreement, in full, against all other parties).
1.6 Headings used in this Tenancy Agreement are for convenience only and are not to be considered in interpreting the Tenancy Agreement.
1.7 Subject to clause 2.1, this Tenancy Agreement is an Assured Shorthold Tenancy (as defined in section 19A of the Housing Act 1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the property apply to this Tenancy Agreement. This means that you cannot claim any legal rights to stay on once the tenancy has ended and a court order says you must leave. The landlord giving a section 21 notice must give at least two months’ notice, in writing. For more information, you should consult a housing advice centre, solicitor or Citizens’ Advice Bureau who will tell you what this means.
1.8 If you are under 18, notwithstanding the other provisions in this Tenancy Agreement, the Landlord does not grant you a Tenancy and this Tenancy Agreement will instead operate as an agreement for the Landlord to grant you a tenancy upon the terms set out herein on or after your 18th birthday within ten working days of receipt of a written request from you. Until such a tenancy is granted to you (the "Licence Period"), you are entitled to occupy the Room. This agreement does not operate as a demise of the Room and during the Licence Period any occupation of the Room is by way of licence only. You and the Landlord shall both observe and perform their respective obligations imposed by the covenants and conditions in this Tenancy Agreement (to the extent that they are not inconsistent with this clause 1.8 as if a Tenancy had been completed on the date hereof.) The Landlord shall have the same rights and remedies in respect of any breach of the obligations imposed on you by the covenants and conditions in this Tenancy Agreement as if a Tenancy had been completed on the date hereof. You shall pay to the Landlord by way of licence fees sums equal to the rents and other monies that would be payable by you under this Tenancy Agreement at the same times and in the same manner as if a Tenancy had been granted on the date hereof. This clause 1.8 takes precedence over all other provisions of this Tenancy Agreement.
2. THE LETTING
2.1 Subject to the payment of the first instalment of rent in accordance with clause 4.1 of these Terms and Conditions, we let the Room to you for the Tenancy Period subject to these Terms and Conditions.
2.2 The tenancy Start Date is Saturday 15 Sep 2018
2.3 The tenancy End Date is Saturday 07 Sep 2019
2.4 This agreement only takes effect as a tenancy provided we have received the first instalment of rent in accordance with clause 4.1 of these Terms and Conditions and operates as an agreement for lease until such time which may be terminated on notice by the Landlord if that first instalment of rent is not received on the date on which it is due.
2.5 Subject to you complying with the contents of the Residents Handbook, or any other conditions detailed in the Tenancy Letter, you are granted the right to 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 tenants of the Building and all other persons from time to time duly authorised by us.
2.6 We reserve for ourselves and all those authorised by us the following rights over the Room:
2.6.1 the right to enter the Room and the Flat Common Areas on at least 24 hours’ notice (except in an emergency or where entry is required for the proper performance of the Tenancy Agreement, where no notice need be given) to perform our obligations in this Tenancy Agreement or for any other reasonable purpose; and
2.6.2 the right to enter the room at any time where we believe or have reason to believe that criminal activity is taking place and
2.6.3 the right to the free passage and running of water, soil, gas, electricity and other services through any pipes, cables, wires, drains or sewers passing in or through the Room and the Flat Common Areas.
3. OUR OBLIGATIONS
3.1 We agree with you that if you pay the Rent in accordance with clause 4.1 of these Terms and Conditions and perform all your obligations under this Tenancy Agreement, then you may possess and enjoy the Room during the Tenancy 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.
3.3 We reserve the right during the Tenancy Period to move you to alternative accommodation (which may be in a hotel) for the purpose of carrying out emergency repairs to the Room or the Building or if we consider it necessary or desirable to avoid difficulties between tenants or for the better management of the Building PROVIDED THAT:
3.3.1 you are given reasonable notice;
3.3.2 the alternative accommodation is of no lesser standard than your Room; and
3.3.3 You will occupy the alternative accommodation on the same terms as those of the Tenancy Agreement.
3.4 If the conditions of 3.3 are met then the Rent will continue to be payable.
3.5 If we are unable to offer temporary alternative accommodation the Rent will stop being payable until the Room and Building Common Area is reinstated, made habitable and accessible. Any rent paid in advance will be refunded on a daily basis.
3.6 If we need to write to you, correspondence may be delivered by hand or by e-mail or sent by first class Recorded Delivery post to the Room address or the address stated on the Tenancy Letter or any other address you have given.
3.7 If we need to serve any notice on the Guarantor, it may be delivered by hand or by e-mail or sent by first class post to the address stated in the Tenancy Agreement or any other address given.
4. YOUR OBLIGATIONS
4.1 You agree to pay the Rent to us at the times and in the manner specified in the Tenancy Letter without set off and whether demanded or not and irrespective of whether You have taken up the tenancy by collecting the keys. Anybody who makes payments on your behalf of Rent or other amounts due from you under this Tenancy 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 payment of the Rent or any other amount due from you under this Tenancy Agreement is late we may charge, and if charged you will pay, interest at the rate of 3% per annum above the base rate of HSBC plc 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 and shall be compounded monthly. We may also charge, and if charged you will pay, any late payment charges set out in the Residents Handbook.
4.3 If payment of the Rent or any other amount due from you under this Tenancy 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 charge you all reasonable and proper costs and expenses (including legal costs) and any VAT thereon incurred by us to recover outstanding Rent or other amount unpaid by you;
4.3.2 remove any promotional discounts relating to your Tenancy Agreement;
4.3.3 remove internet access whilst your account is in arrears and to charge you such amount as we may incur in having the service reconnected once the account balance is cleared, and where you have not reached an agreement with us to defer your payments or arranged for payment under an instalment plan and then only after due notice has been served.
4.4 You agree to pay for a television licence for youyr 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 Tenant 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 Tenancy Start Date (or if you have occupied under a previous tenancy, the earliest start date of any previous tenancies 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 Tenancy Start Date (or if you have occupied under a previous tenancy, the earliest start date of any previous tenancies that you entered into in relation to the Room except for fair wear and tear. The Inventory (or inventory annexed to the relevant previous tenancy) shall be evidence of their existing condition, and any defect shall be noted on the Inventory;
4.6.3 not 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; and
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 Landlord to electrically test equipment at your expense, if requested to do so.
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 your kitchen (even where this is a shared facility) in a clean and hygienic state at all times. If in our opinion room and/or your kitchen are not maintained to an acceptable and clean state at all times, you agree to pay (or jointly pay in the event you have access to a shared kitchen) for the cost of having the room and/or kitchen professionally cleaned. If as a result of your failure to comply with this clause, your room and/or your kitchen (including any shared kitchen) becomes infested with pests, you agree to cover 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 You agree to pay us a fair and reasonable proportion, as determined by us acting reasonably, of 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 Tenancy Agreement. Unless there is no evidence to the contrary, the cost of repairing any such damage or replacing any such Contents shall be apportioned as if you caused the entire damage to Room or the Contents of the Room and the Flat.
4.9 You agree to report any accident or incident 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 or other matters 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 tenants of the Building, any adjoining premises or to us, and in particular, you will not:
4.12.1 cause any noise which, if made within the Room, can be heard outside the Room or, if made within the Building Common Areas can be heard outside the Building Common Areas or, if made within the Flat Common Areas can be heard outside the Flat Common Areas;
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 we discover that you have been smoking in your room or elsewhere in the residence we may charge 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 charges 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 tenants 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. You also agree to pay a charge 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. A charge may be made to have your drains unblocked in the event that this clause is not heeded
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; and
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 tenancy.
4.12.25 Not to use Rice Cookers or Deep Fat Fryers on the premises at any time whether these confirm to clause 4.12.22 or not.
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 property any additional appliances or furniture which supplement the facilities provided by the landlord. 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
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 tenants 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 to comply with the Residents Handbook and, in particular, you agree to pay any charges specified in the Residents Handbook which accrue during the Tenancy Period by reason of any breach of the Tenant’s obligations in this Tenancy Agreement.
4.15 You will inform the appointed manager of the Building if you are likely to be absent for more than 48 hours, you appreciate this is important for fire safety and security reasons.
4.16 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.
4.17 You will make sure that any guests/visitors you may have to the Building comply with the provisions of this Tenancy Agreement 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 Tenancy Terms and Conditions if they fail to comply with the provisions of this Tenancy Agreement in relation thereto.
4.18 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 Tenancy Agreement.
4.19 You agree that you will not tamper with, remove, replace or otherwise interfere with the locks to your room and/or flat.
5. TRANSFER OF TENANCY
You agree that you will not assign, sublet, or charge the Room or any part of it or part with possession or share occupation of the Room or any part of it under any circumstances.
6. WHEN YOU LEAVE
By no later than 10am on the last day of the Tenancy 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 recorded on the Inventory;
6.2 remove all personal possessions from the Room. If any of your personal possessions are left at the Room, you agree that you will be responsible for meeting all reasonable removal and storage charges. We agree that we will remove and store the possessions for a maximum of one month and to 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. You agree to pay us the reasonable costs of removal, storage and disposal and that such may 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.
7. YOUR SECURITY DEPOSIT
7.1 You have paid a Reservation Fee. At the beginning of the Tenancy Period this will become the Deposit.
7.2 You agree to pay to us the Deposit as security for the performance of your obligations under the Tenancy Agreement. This is not a limit of damages if you do not comply with this Tenancy Agreement.
7.3 We agree that the Deposit shall be protected by such Tenancy Deposit Protection Scheme as we may notify you from time to time.
7.4 At the end of the Tenancy Period you will be given the opportunity to attend a check-out inspection with one of our representatives with a view to reaching agreement as to what, if any, deductions we will be entitled to make from the Deposit. However, we reserve the right to give you notice of our intention to draw on the Deposit at any time in payment of any sums due from or spent on behalf of you under the Tenancy Agreement or to make good any breach of any of the Tenant’s obligations in this Tenancy Agreement. Where applicable, the Deposit, or the relevant amount of the Deposit, will be returned to the Tenant following the end of the Tenancy Period.
7.5 You agree you will not off-set the Deposit against any payment of Rent or other sums due to us under this Tenancy Agreement.
7.6 If the Landlord named in this Tenancy Agreement transfers its interest in the Building it may transfer the Deposit to the same person to whom it transfers its interest who shall thereafter protect the Deposit in accordance with the rules of a Tenancy Deposit Protection Scheme and the Landlord named in this Tenancy Agreement shall not have any further liability to the Tenant for the return of the Deposit.
7.7 If you have entered this agreement as a second or subsequent tenancy and we have agreed to roll over your deposit, you therefore agree that your landlord may retain the deposit relating to your current tenancy at the end of that tenancy and held as a Reservation Fee for your booking for the forthcoming academic year – your new tenancy. The Reservation Fee will become the new deposit at the start of the new tenancy and re-protected in accordance with the rules of our chosen Tenancy Deposit Protection Scheme. In the event that you subsequently cancel your new booking, you agree that on release of the deposit for the current academic year this may be retained by the Landlord as a cancellation charge and not be returned to you.
7.8 If your chosen method of deposit refund requires that a charge is paid for transmission costs or bank charges and the charge is not deducted from the amount remitted by the remitting bank, we reserve the right to withhold a sum equivalent to this cost from the deposit payment and remit the net amount to you.
8. AGREEMENTS AND DECLARATIONS
8.1 It is agreed between you and us that if:
8.1.1 the whole or any part of the Rent is unpaid for one month after it becomes due (whether legally demanded or not); or
8.1.2 there has been a breach, non-performance or non-observance of your obligations; or
8.1.3 any of the grounds set out in the Housing Act 1988 Schedule 2 Grounds 6, 8, 10-15 (inclusive), and 17 apply, then we may apply for a Court Order stating that we shall repossess the Room as if the Tenancy Agreement has not been granted. If the Court Order is granted the Tenancy Agreement will end immediately 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 Tenancy Agreement.
8.2 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 Landlord may terminate this Tenancy in accordance with clause 8.1 of this Tenancy Agreement if you are found to be listed on the Office for Foreign Assets Control Sanctions List (or equivalent).
8.3 It is a condition of this Tenancy Agreement that if we have reasonable cause to believe that you have committed any act of fraud or other similar criminal activity you will be in breach of its terms and we may terminate the Agreement in accordance with clause 8.1.
8.4 You warrant (confirm) that you are a student at a higher education establishment in England and Wales and you covenant to continue to be a student at a higher education establishment in England and Wales and understand that the Landlord may terminate this Tenancy in accordance with clause 8.1 of this Tenancy Agreement if you are found not to be a student at a higher education establishment in England and Wales.
8.5 You Warrant (confirm) that you will provide any necessary documentation in respect of your student status either to us or if requested to the local authority for the purposes of exempting you from paying Council Tax. Responsibility for paying Council Tax lies with you unless an exemption is given and you acknowledge that you will meet any sums due in respect of Council Tax determined by the Local Authority. For the avoidance of doubt the determination of the start and end dates of any exemption will be by the Local Authority and may cover only the dates of your course which may be shorter than this agreement.
You also warrant (confirm) that you will advise us of any change in your student status and if you are found to be, or inform us that you are no longer a student at a higher education establishment in England and Wales you will remain liable for the Rent payable for the period of this agreement and any council tax or other charges resulting from your change in student status.
8.6 You agree to pay us 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 Rent and/or any other sum incurred as a result of you not performing your obligations under the Tenancy Agreement.
8.7 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 Tenancy Agreement by giving the other one month's written notice.
8.8 You agree that neither the Landlord 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 tenants or other occupiers of the Building.
8.9 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 tenants or occupiers of the Building.
8.10 Any insurance put in place by the Landlord does not cover the Tenant's possessions. The Tenant is advised to insure the Tenant's own possessions with a reputable insurer in the event that the Landlord does not provide supplementary cover.
9.1 The Guarantor guarantees to us that the Tenant shall pay the Rent and any other amount due under this Tenancy Agreement and observe and perform the Tenant's covenants under this Tenancy Agreement and that if the Tenant fails to pay the Rent or other amount due or to observe or perform any of the Tenant's covenants, the Guarantor shall pay or observe and perform them.
9.2 The Guarantor covenants with us as principal obligor and as a separate and independent obligation and liability from its obligations and liabilities under this clause to indemnify and keep indemnified us against any failure by the Tenant to pay the Rent or other amount due or any failure by the Tenant to observe or perform any of the Tenant's covenants under this Tenancy Agreement.
9.3 If you breach the Tenancy Agreement at any time during the Tenancy Period, the Manager reserves the right to advise the Guarantor of any such breach without prior notice.
9.4 The liability of the Guarantor shall not be reduced, discharged or otherwise adversely affected by:
9.4.1 any time or indulgence granted by us to the Tenant;
9.4.2 any delay or forbearance by us in enforcing the payment of the Rent or other amount due or the observance or performance of any of the Tenant's covenants under this Tenancy Agreement or in making any demand in respect of them;
9.4.3 us exercising any right or remedy against the Tenant for any failure to pay the Rent or other amount due or to observe or perform the Tenant's covenants of this Tenancy Agreement;
9.4.4 us taking any action or refraining from taking any action in connection with the Security Deposit; or
9.4.5 the Tenant dying or becoming incapable of managing his or her affairs.
10. DATA PROTECTION
10.1 You (and to the extent applicable, the Guarantor) hereby consent to the use of personal data (as defined in the Data Protection Act 1998) in accordance with the terms of this clause.
10.2 We will hold certain personal data about you and the Guarantor as a result of the information you and/or the Guarantor provide to us in connection with this Tenancy Agreement. This information will be held and processed (as such term is defined in the Data Protection Act 1998) by us for purposes connected with this Tenancy Agreement and we will do so in accordance with the provisions of the Data Protection Act 1998.
10.3 The above permission includes the use by us of your (and to the extent applicable, the Guarantor's) personal data to assist in the prevention of crime or to protect the vital interest of you the Guarantor or any person. In the event that we have serious concerns about your health or well-being you give us permission to contact your named next of kin or guarantor or other person whom you have nominated for this purpose.
10.4 You also give us express consent to share your personal data with your university for the purposes of managing your tenancy and in connection with any university disciplinary issues that may be brought against you.
10.5 The information we process may include your (or the Guarantor's) sensitive personal data (as defined in the Data Protection Act 1998). It also includes disclosure of personal data to any potential purchaser of the Building from the Landlord.
10.6 You and the Guarantor also give us express consent to use their personal data to undertake searches against sanction lists maintained by United Kingdom or United States governments, including those lists maintained by the United Kingdom Treasury and the United States Office of Foreign Assets Control or any other government list from time to time considered appropriate by us.
10.7 You and the Guarantor are able to opt-out of our processing of personal data about each of you to the extent that such processing is not required for us to exercise our rights or to discharge our obligations under this Tenancy Agreement.
10.8 We would also like to be able to use the personal data that you and the Guarantor provide for marketing purposes, and in particular to provide you and the Guarantor with information on goods and services that we may provide from time to time. You and the Guarantor consent to the use of personal data for such purposes. You or the Guarantor may withdraw your consent to this at any time.
10.9 We may also use your personal data and the personal data of the Guarantor to establish a Customer Feedback Survey which will involve passing your details to a third-party company for the purpose of processing the results of that survey. You and the Guarantor consent to the use of their personal data for such purposes. You or the Guarantor may withdraw consent to this at any time. Such withdrawal of consent should be in writing or other electronic means.
If any term, condition or provision contained in the Tenancy Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of the Tenancy Agreement shall not be affected.
As required by Section 48 of the Landlord and Tenant Act 1987 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,
The addresses for service of notices on you and/or the Guarantor are the addresses of those parties as set in the Tenancy Letter.
This is a legal document. If you are unsure of the what you are being asked to sign, please seek legal advice.
Please tick the box below to confirm that you have read, understood, and agree to the terms of the Tenancy Agreement.
Signed Tenancy Agreement: