References to "Tenancy
Agreement" means the agreement between the Landlord and the Tenant and
(if applicable) the Guarantor for the lease of a Room or Club Suite (as
applicable) belonging to the Landlord incorporating these House Rules or any of
them. Any capitalised words in these
Standard Terms and Conditions shall have the same meaning given to them in the
Tenancy Agreement (unless provided otherwise).
[Unless otherwise expressly provided, the obligations and liabilities of the Tenant under this agreement are joint and several with the other occupiers of true Student Living]
1. TENANT obligations
1.1 CONFIRMATION OF IDENTITY
Within 5 business days of the Tenant taking occupation of the Room or Club Suite (as appropriate) to provide to the Landlord or such person nominated by the Landlord and notified to the Tenant:
1.1.1 either a letter from their University confirming that they are a student in full time education and the name, start and end dates of their course or a valid and current student identity card with a start and an expiry date; and
1.1.2 a form of photo identification being either a student identity card referred to in paragraph (a)(ii) above provided it contains a photo or a current passport or driving licence.
1.2 RENT PAYMENTS
1.2.1 To pay the Rent in advance on the due dates provided for in the Tenancy Agreement by banker's order, debit card or credit card (including an additional 2% credit card charge) to any bank account that the Landlord may from time to time nominate in writing.
1.2.2 To pay interest at the rate of 3% above the base rate of Bank of England (calculated on a daily basis) on the unpaid amount of any sum due to the Landlord which is not received within 14 days of the due date (whether demanded or not and without prejudice to any other remedy) for the period beginning on the due date until the date it is received in cleared funds inclusive of both dates.
1.2.3 Not to reduce any payment of rent by making any deduction from it or by setting any sum off against it for any reason.
1.3 PROPER CONDUCT
1.3.1 To use the Room or Club Suite (as appropriate) only as a single private residence for occupation by the Tenant only;
1.3.2 Not to allow visitors or anyone to remain in the Room, Apartment or Club Suite (as appropriate) overnight unless (1) the Landlord's consent to the visitor remaining in the Room or the Apartment / Club Suite overnight has been obtained (such consent not to be unreasonably withheld or delayed); (2) no overcrowding occurs; (3) the other occupiers of the Apartment do not raise any objection; (4) the visitor or visitors have signed the visitor's book; and (5) the Tenant agrees to use its best endeavours to ensure that any visitor or visitors complies with these House Rules. For the avoidance of doubt this applies to any children or dependents and other family members of the Tenant;
1.3.3 To keep the Shared Items in at least as good repair and condition as they are now (fair wear and tear excepted);
1.3.4 Not to remove any of the Shared Items from the Room, Apartment or Club Suite (as appropriate);
1.3.5 To maintain, repair and make good all damage and undue wear to the Room, Apartment or Club Suite (as appropriate) and the Shared Items which the Tenant is entitled to use solely or in common with others;
1.3.6 To comply with the Landlord's Bedbugs Policy (a copy of which is available for inspection at true Student Living.
1.3.7 Not to store or keep any unlawful substance or materials in the Room, Apartment or Club Suite (as appropriate) at any time;
1.3.8 Not to keep, store or use in the Room, Apartment or Club Suite (as appropriate) any inflammable, dangerous articles, lighted candles, electronic cigarettes, incense sticks, shisha pipes, naked flame appliances, portable heater lamp or other portable apparatus fed by paraffin or liquid gas and comply with all the Landlord's requirements relating to fire safety as set out in the Fire Safety Agreement which is available for inspection at true Student Living;
1.3.9 Not to keep or use in the Room, Apartment or Club Studio (as appropriate) any electrical heating, electrical cooking equipment and/or multiway adaptors;
1.3.10 Not to bring into or keep in the Room, Apartment or Club Suite (as appropriate) any electrical items unless: (1) the Tenant has first produced by prior appointment the items to the Landlord's officer in the reception area of true Student Living for PAT testing; (2) obtained the approval of the Landlord to the keeping and using of the items in the Room or the Apartment / Club Suite (as appropriate), which approval will be given if the Items are in good safe working order and meet the PAT requirements;
1.3.11 Not to expose or allow to be hung any laundry, washing or other items (whether for the purposes of drying or otherwise) to be visible from outside of the Room, the Apartment or Club Suite (as appropriate);
1.3.12 Not to glue, stick, nail, tack, screw, fix or fasten (whether with Blue-Tack or similar materials) anything whatsoever to the interior or the exterior of the Room, the Apartment or Club Suite (as appropriate);
1.3.13 Not to smoke (including electronic cigarettes) or use non-prescription drugs within the Room, Apartment, Club Suite (as appropriate) or true Student Living Premises;
1.3.14 Not to assign, underlet or otherwise part with or share possession of the Room, Apartment or Club Suite (as appropriate);
1.3.15 Not to part with the access fob to the Room, Apartment or Club Suite (as appropriate) and to report immediately any loss of the keys to the Landlord;
1.3.16 In the event of the loss of access fob, to pay to the Landlord before the Landlord issues any replacement, the sum of £15 for each replacement access fob and if access fob is found and returned by the student after a replacement has been issued and the cost charged, the refund of the cost is at the Landlord's discretion and may be subject to an administrative charge;
1.3.17 To take all reasonable steps to ensure that the Room, the Apartment or the Club Suite (as appropriate) are kept secure from the intrusion of unauthorised persons (including but not limited to: not opening windows beyond the tilt position, save in the case of emergency; shutting and locking windows and doors when the Tenant leaves; and not tampering or in anyway adjusting the safety controls to any windows);
1.3.18 Not to make any noise which is audible outside of the Room, Apartment or Club Suite (as appropriate);
1.3.19 Not to cause a nuisance, threaten, harass, annoy, interfere, threaten or abuse any other residents in true Student Living (including permitted visitors), servants or agents of the Landlord or the owners and occupiers of the surrounding properties;
1.3.20 Not to keep any dog, cat, bird, insect, pet or other animal of any kind in the Room, the Apartment or Club Suite (as appropriate);
1.3.21 Not to bring, connect and use a television in the Room, Apartment or Club Suite (as appropriate) unless the Tenant have at their own expense obtained a television licence for that television;
1.3.22 Not to install or connect any trail wires, wireless or television pole, aerial, satellite dish or apparatus within the Room, Apartment or Club Suite (as appropriate);
1.3.23 Not to tamper with any equipment provided in the Room, Apartment or Club Suite (as appropriate) or true Student Living in the interests of health and safety or persons including without limitation, fire fighting equipment, fire extinguishers, smoke alarms, emergency exit signs, break glass alarm points;
1.3.24 Not to set a fire alarm without due cause (even if accidentally) resulting in the attendance of the emergency services or the evacuation of true Student Living;
1.3.25 To always use the extractor fan in the bathroom when using the bathroom and not disable the extractor fan except for safety reasons in an emergency;
1.3.26 Not to bring into or keep in the Room, Apartment, Club Suite or true Student Living any washing machine.
1.3.27 To use best endeavors to ensure that the Tenant's visitors comply with the Tenant's obligations under this Agreement while present in the Room Apartment, Club Suite or pure true Student Living;
1.3.28 To comply with additional obligations or restrictions set out in any management scheme or other regulations reasonably required by the Landlord which may be notified to the Tenant in writing from time to time;
1.3.29 To accept that the Landlord is not responsible for any loss or damage to personal belongings within the Room, Apartment or Club Suite (as appropriate) or true Student Living and acknowledges that the Landlord has no responsibility to the Tenant for any such items (save insofar as any such loss or damage is caused by the Landlord's negligent acts);
1.3.30 Not to prepare or cook food anywhere other than in the kitchen of the Room, Apartment or Club Suite (as appropriate);
1.3.31 To comply with any reasonable written regulations issued from time to time by the Landlord in connection with the use of the Apartment, Shared Items or in the communal areas of true Student Living;
1.3.32 To comply with all relevant legislation and other legal requirements in connection with the Tenant's use and occupation of the Room and true Student Living;
1.3.33 Not to use the Room, Apartment or Club Suite (as appropriate) or any part of true Student Living, or anyone else to do so, for any activity which is dangerous, offensive, noisome, illegal or immoral or which are or may become a nuisance or annoyance to the Landlord or the occupiers of true Student Living or any neighbouring property;
1.3.34 Not to run a trade or business from the Room, Apartment or Club Suite (as appropriate);
1.3.35 Not to commit any form of harassment on the grounds of race, religion, sex or disability or any other act which may become a nuisance or annoyance, or cause offence to any other occupiers or visitor, or to any owner or occupier of any neighbouring property; and
1.3.36 Not to act or fail to act in a way which will or may result in any policy of insurance in respect of true Student Living becoming void or voidable or whereby the premium or excess due may be increased.
1.4 CARE OF THE ACCOMMODATION
1.4.1 To accept the Room, the Club Suite or Apartment (as appropriate), the Shared Items and other communal facilities within true Student Living have been handed over in a clean, tidy and tenantable condition.
1.4.2 To keep the Room or the Club Suite (as appropriate), the Shared Items, Apartment and other communal facilities within true Student Living in the same condition to the satisfaction of the Landlord.
1.4.3 Not to alter, add, re-decorate in whole or in part or damage the Room, Apartment or Club Suite (as appropriate) including all fixtures and fittings and keep them in a clean and tidy condition;
1.4.4 Not to damage, mark or change the decorative finish of the Room, the Apartment or Club Suite (as appropriate);
1.4.5 To, jointly with the other occupiers of the Apartment, keep the Apartment and other shared areas in a clean, tidy and hygienic condition;
1.4.6 Not to alter, damage, litter or obstruct the use of the Apartment, other shared areas or true Student Living;
1.4.7 Not to damage, force or in anyway misuse any locks in the Room, Apartment, Club Suite (as appropriate) or true Student Living;
1.4.8 To open the windows in the Room, the Apartment or Club Suite (as appropriate) to the tilt position for at least 30 minutes each day (provided that the Tenant is in occupation) to ventilate the Room;
1.4.9 To dispose of all refuse in accordance with the requirements of the Landlord as shall be notified from time to time to the Tenant
1.4.10 To notify the Landlord of all repairs and/or maintenance work which the Tenant considers necessary to the Room, Apartment or Club Suite (as appropriate) or true Student Living as soon as such repairs or maintenance work are apparent;
1.4.11 Not to cause any blockage to the drains, gutters and pipes serving the Room, Apartment or Club Suite (as appropriate) or true Student Living;
1.4.12 Not to attempt to carry out any repairs and/or maintenance works to any part of true Student Living, including the Room, the Apartment or Club Suite (as appropriate) including any fixtures and fittings;
1.4.13 Not to store bicycles in the Room, Apartment or Club Suite (as appropriate) or on any access ways or staircases forming part of true Student Living. Any bicycle must be stored in the designated bicycle areas of true Student Living. only.
1.5 ACCESS BY THE LANDLORD
To allow the Landlord and its authorised agents, cleaners and workmen to enter the Room, Apartment or Club Suite (as appropriate) at all reasonable times upon not less than 24 hours' written notice or at any time in an emergency without notice to:
1.5.1 inspect the condition of the Room, Apartment or Club Suite (as appropriate) and the Shared Items at least once in every calendar month;
1.5.2 repair, clean or alter the Room, Apartment or Club Suite (as appropriate), the Shared Items or true Student Living that are reasonable and necessary pursuant to this Agreement, by law and for any other reasonable purpose; whether the Landlord is legally liable to carry out such work or not;
(a) show the accommodation to prospective tenants; and
(b) carry out any of the services required under this Agreement.
1.6 ALTERNATIVE ACCOMMODATION
To move, on a temporary basis, to alternative accommodation if required by the Landlord for the purpose of carrying out necessary repairs provided that the Tenant is given reasonable notice and the Tenant will occupy the alternative accommodation on the same terms as the Tenancy Agreement.
1.7 EXPENSES RELATED TO BREACHES OF THIS AGREEMENT
1.7.1 To promptly replace or pay for all broken glass in the Room Apartment, Club Suite or true Student Living where the Tenant or the Tenant's family or visitors cause the breakage.
1.7.2 Not to make any payments due to the Landlord in terms of the Tenancy Agreement in cash.
1.7.3 To pay damages in relation to all losses and reasonable expenses and costs incurred by the Landlord as a result of any breach of the terms of the Tenancy Agreement by the Tenant.
If the Landlord accepts a surrender of the Tenancy before the expiry of the Contractual Term, to pay to the Landlord the sum of £100 on the day the tenancy is surrendered as a contribution towards the Landlord's administration costs. Any such surrender shall be without prejudice to any antecedent breaches by the Tenant
1.9 AT THE END OF THE TENANCY AGREEMENT
1.9.1 On the expiry of the Contractual Term to:
(a) return the access fob to the Landlord and, for any not returned at the end of the Contractual Term will pay to the Landlord the charged referred to in clause [ 5].
(b) remove all personal effects and belongings from the Room, Apartment or Club Suite (as appropriate) by no later than 12 noon at expiry of the Contractual Term;
(c) deliver up the Room, Apartment or Club Suite (as appropriate) and the Shared Items in good tenantable repair and condition free from damage, clean and tidy in accordance with the House Rules and the Landlord's guidance notes.
(d) attend at the expiry of the Contractual Term the Tenant a check out inspection organised by the Landlord and sign a copy of the inspection report.
1.9.2 If the Tenant fails to remove from the Room, Apartment or Club Suite (as appropriate) at the end of the period specified in the notice to quit, the Landlord can bring legal action against the Tenant to recover possession of the Room, Apartment or Club Suite (as appropriate).
If following termination of the Tenancy Agreement (howsoever this occurs) any effects and belongings remain in the Room or the Apartment, Club Suite, the Landlord may assume (in the absence of written notification to the contrary) that such effects and belongings are the property of the Tenant and the Landlord may sell such effects and belongings and may deduct from the proceeds of sale the reasonable costs of storage and/or sale. The Landlord shall not be liable to the Tenant in any criminal or civil proceedings for the recovery or replacement of any items appropriated or sold pursuant to this clause
3. DESTRUCTION OR DAMAGE OF THE SUBJECTS
If the Room, Apartment, Club Suite (as appropriate) or any other part of true Student Living becomes unfit for use or any defect or want of repair during the Contractual Term, a just proportion of the charges will cease to be payable; this is to be dependent upon the extent of the damage sustained and the time that the area is unfit for use. This clause will not apply if the cause of the damage is in any way the result of action taken by the Tenant; this is to include any failure to notify the Landlord of repairs required.
The Landlord and Tenant shall comply with their respective obligations under the General Data Protection Regulation (EU) 2016/679 ("GDPR") and any laws which implement, replace, extend or amend GDPR relating to the processing, privacy and use of Personal Data (the meaning of which shall be the meaning given in the applicable laws from time to time.)
5.1 Any notices to be served on the Tenant during or after the currency of the Agreement shall be valid if posted or delivered to the home address of the Tenant as stated at the top of the first page of this Agreement (or any replacement address subsequently notified in writing to the Landlord by the Tenant) or during the currency of the tenancy shall be valid if delivered to the room. Any notices to be served on the Landlord during or after the currency of this Agreement shall be valid if posed or delivered to the address of the Landlord as stated at the top of the first page of this Agreement (or any replacement address subsequently notified in writing by the Landlord to the Tenant). In either case service shall be deemed to have been effected on the day of delivery (in the case of posting) 2 working days after the date of posting
5.2 that the Landlord may without further authorisation from the Tenant send copies of any letters or other written communication from the Landlord to the Tenant's parents, guardian or guarantor
6. NATIONAL CODE OF STANDARDS
6.1 Subject to clause 6.2 below, the Landlord shall comply with ANUK National Code of Standards to the extent that such standards (and any legislation referred to therein) are applicable in Scotland.
6.2 Where the ANUK National Code of Standards refer to legislation or regulations (or specific provisions thereof) which do not apply in Scotland, the Landlord does not agree to comply with such legislation or regulations (or specific provisions thereof) but instead agrees to comply insofar as reasonably practicable within the Scottish equivalent thereof.