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 Studio (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).
In the case where a student has occupied a room, apartment or studio (as applicable) within a true property situated in Wales, these House Rules reference to "Fixed Term Standard Occupation Contract" and a 'contract holder' is herby referred to as a 'tenant'.
[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 Studio (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 Studio (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 Studio (as appropriate) overnight unless (1) the Landlord's consent to the visitor remaining in the Room or the Apartment / Studio 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 Studio (as appropriate);
1.3.5 To maintain, repair and make good all damage and undue wear to the Room, Apartment or Studio (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.
1.3.7 Not to store or keep any unlawful substance or materials in the Room, Apartment or Studio (as appropriate) at any time;
1.3.8 Not to keep, store or use in the Room, Apartment or Studio (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;
1.3.9 Not to keep or use in the Room, Apartment or 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 Studio (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 for PAT testing; (2) obtained the approval of the Landlord to the keeping and using of the items in the Room or the Apartment / Studio (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 Studio (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 Studio (as appropriate);
1.3.13 Not to smoke (including electronic cigarettes, vapes) or use non-prescription drugs within the Room, Apartment, Studio (as appropriate) or true Student Premises;
184.108.40.206 In the event that the tenant is found to be smoking cigarettes within the property (room, apartment, studio and all communal areas) we may apply a charge of £100, charged on each occasion when you are found to be in breach of your contractual obligations.
1.3.14 Not to assign, underlet or otherwise part with or share possession of the Room, Apartment or Studio (as appropriate);
1.3.15 Not to part with the access fob to the Room, Apartment or Studio (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 (excluding the first replacement, which is not chargeable) 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 Studio (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 Studio (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 Studio (as appropriate);
1.3.21 Not to bring, connect and use a television in the Room, Apartment or Studio (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, external instrument that may alter Wi-Fi connections (routers, VPN's or other), wireless or television pole, aerial, satellite dish or apparatus within the Room, Apartment or Studio (as appropriate);
1.3.23 Not to tamper with any equipment provided in the Room, Apartment or Studio (as appropriate) or true Student 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;
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, Studio at true Student, any washing machine.
1.3.27 To use best endeavours to ensure that the Tenant's visitors comply with the Tenant's obligations under this Agreement while present in the Room Apartment, Studio at true Student;
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 Studio (as appropriate) of 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 Studio (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;
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;
1.3.33 Not to use the Room, Apartment or Studio (as appropriate) or any part of true Student, 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 or any neighbouring property;
1.3.34 Not to run a trade or business from the Room, Apartment or Studio (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 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 Studio or Apartment (as appropriate), the Shared Items and other communal facilities within true Student have been handed over in a clean, tidy and tenantable condition.
1.4.2 To keep the Room or the Studio (as appropriate), the Shared Items, Apartment and other communal facilities within true Student 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 Studio (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 Studio (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;
1.4.7 Not to damage, force or in anyway misuse any locks in the Room, Apartment, Studio (as appropriate) or true Student;
1.4.8 To open the windows in the Room, the Apartment or Studio (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 Studio (as appropriate) or true Student 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 Studio (as appropriate) or true Student;
1.4.12 Not to attempt to carry out any repairs and/or maintenance works to any part of true Student, including the Room, the Apartment or Studio (as appropriate) including any fixtures and fittings;
1.4.13 Not to store bicycles in the Room, Apartment or Studio (as appropriate) or on any access ways or staircases forming part of true Student. Any bicycle must be stored securely in the designated bicycle areas of true Student. The landlord will not be held accountable for any loss or damages when storing bicycles or any other property within the designated bicycle areas.
1.4.14 Tenant will be requested to complete a room inventory upon check in, this must be returned to a true Student representative (member of staff), at their booked property within 48 hours (2 days) of commencing their tenancy.
1.5 ACCESS BY THE LANDLORD
To allow the Landlord and its authorised agents, cleaners and workmen to enter the Room, Apartment or Studio (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 its condition and state of repair, or
1.5.2 carry out works or repairs needed in order to comply with obligations set out to maintain appropriate fitness for habitation.
1.5.3 inspect the condition of the Room, Apartment or Studio (as appropriate) and the Shared Items at least once in every calendar month;
1.5.4 repair, clean or alter the Room, Apartment or Studio (as appropriate), the Shared Items or true Student 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.
1.5.5 Landlord’s right to enter the the Room, Apartment or Studio (as appropriate) – Emergencies
220.127.116.11 In the event of an emergency which results in the landlord needing to enter the the Room, Apartment or Studio (as appropriate) without notice, you must give the landlord immediate access to the Room, Apartment or Studio (as appropriate). If you do not provide access immediately, the landlord may enter the the Room, Apartment or Studio (as appropriate) without your permission.
18.104.22.168 If the landlord enters the dwelling in accordance with paragraph 22.214.171.124 of this term, the landlord must use all reasonable endeavours to notify you that they have entered the dwelling as soon as reasonably practicable after entry.
126.96.36.199 For avoidance of doubt, an emergency includes —
a) something which requires urgent work to prevent the Room, Apartment or Studio (as appropriate) in the vicinity from being severely damaged, further damaged or destroyed, and
b) something which if not dealt with by the landlord immediately, would put in imminent risk the health and safety of you, any permitted occupier of the Room, Apartment or Studio (as appropriate) or other persons in the vicinity of the Room, Apartment or Studio (as appropriate).
c) if the landlord has plausible belief that you, as the tenant or anyone within your room, apartment or studio are in breach of the House rules or any other terms stated within the occupation contract.
1.6 ALTERNATIVE ACCOMMODATION
To move, on a temporary or permanent 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 damages in the Room Apartment, Club Suite or true Student Living where the Tenant or the Tenant's visitors cause the damage.
1.7.2 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.
1.7.3 Not to make any payments due to the Landlord in terms of the Tenancy Agreement in cash.
If the Landlord accepts a surrender of the Tenancy before the expiry of the Contractual Term, to pay to the Landlord the sum of £160 on the day the tenancy is surrendered as a contribution towards the Landlord's operational and marketing/re-letting 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) Arrange your end of tenancy room inspection with the property team 72-24 hours prior to you checking out of your room.
b) If the room inspection finds any damage or areas of concern, you will need to settle for this with a payment which will cover the cost of getting this fixed, or you will need to resolve the issue yourself. You will be made very clear of this by the team at the time of your inspection.
c) You must remove all personal items from the room and ensure the room is clean and clear.
d) Rooms should be left to an acceptable cleaning standard and no personal items, belongings or rubbish to be left in rooms (only items left should be your desk chair, wastepaper bin and TV remote – if applicable).
e) Hand your key and check out with the team at reception no later than 12 noon on the day your tenancy ends. If you will be leaving earlier than your tenancy end date, you can depart at any time.
1.9.2 If the Tenant fails to remove from the Room, Apartment or Studio (as appropriate) at the end of the period specified in the notice to quit/Section 21/No Fault Notice, the Landlord can bring legal action against the Tenant to recover possession of the Room, Apartment or Studio (as appropriate).
If following termination of the Tenancy Agreement (howsoever this occurs) any effects and belongings that remain in the Room or the Apartment/ Studio, the Landlord may assume (in the absence of written notification to the contrary) that such effects and belongings are the property of the Tenant. The landlord will keep any effects and belongings safe for 4 weeks (after the contract ends) before taking action to remove items from the property. Please note, the landlord may not keep items safe within the room, apartment or studio however they will remain within the property. The Landlord will dispose of all effects and belongings left by disposal or sale and may deduct from the proceeds of sale the reasonable costs of storage and/or sale. If the contract holder/ tenant (or person who owns the belongings) arranges for its collection within the 4 weeks, the landlord is able to charge for expenses incurred; and can require some or all of this to be paid before the belongings are handed over. 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.
There are certain items which the landlord can dispose of as soon as the contract ends. These are:
· Perishable items
· Items which would be unreasonably expensive or inconvenient to keep safe
· Items the value of which would not, in the landlord's opinion, exceed the amount which you may make from proceeds of sale.
3. DESTRUCTION OR DAMAGE OF THE SUBJECTS
If the Room, Apartment, Studio (as appropriate) 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 term is void, when the landlord provides the tenant with appropriate alternative accommodation or alternative means of use and also does 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 Data Protection Act 2018; 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 emailed posted or delivered to the home address of the Tenant as stated at the top of the first page of their tenancy agreement / occupation contract (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.