Tenancy Agreement 2008

Tenancy Agreement (2008-2009)

This Tenancy Agreement begins when you accept the terms below by clicking 'I accept these terms' AND you pay the Booking Fee. You are bound to the Agreement when we send you an email accepting your Booking Fee payment and confirming the Start Date of your Tenancy.

A Tenancy Agreement is a legal contract between us 'The Landlord' and you 'The Resident' so please make sure that you read the terms below before you book your accommodation. When you accept these terms you agree to pay all fees and payments for the full length of your Tenancy. If you do not wish to accept the terms below please do not agree to do so. The Tenancy Agreement is governed by English law and may be different to tenancies in other countries. If you have difficulty in understanding these terms please take advice before you accept them.

1. Definitions used in the Tenancy Agreement

Here is an explanation of words and phrases used in this Tenancy Agreement

"We", "Us", “Our” "The Landlord"
Your Landlord is Shaftesbury Housing Association trading as Sanctuary Management Services

Your Landlord's contact details are:

Sanctuary Management Services
Sales and Accommodation Office
Dinwiddy House
189-205 Pentonville Road
London
N1 9NF
UK

Email: student@sanctuary-housing.co.uk
Telephone: +44 (0)207 841 0480

You may contact Us Your Landlord for all enquiries using the details above. We prefer communication in writing by email.

"You", “Your” "the Resident"
[Your name and permanent address will be shown here on your Tenancy Agreement]

"Guarantor"
[If you have someone to pay the Booking Fee and accept the Tenancy Agreement for you they will be your 'Guarantor'. Your 'Guarantor' will be able to give us their information on the online acceptance page and their details will appear here on your Tenancy Agreement. If you are under 18 years of age on the Start Date of your Tenancy you will need a guarantor to accept the offer for you. Your Guarantor will be bound to this Tenancy Agreement and will have to pay all rent and charges if you do not do so.]

"Acceptance"
This is when You or a Guarantor has paid the Booking Fee and accepted Our offer of accommodation, and “Accept” shall be interpreted accordingly.

"Administration Fee"
This is a non-refundable administration fee of GBP 30.00 which we charge to administer Your application for a Tenancy with Us.

"Booking Fee"
The Booking Fee is the first payment You make when you accept the terms of this Tenancy Agreement. It is made up of the Administration Fee and the Reservation Fee.

"Contents"
The Residence Contents, the Flat Contents and the Room Contents.

"End Date"
This is the End Date of your Tenancy.
[The End Date will be shown here on your Tenancy Agreement]

"Flat"
The flat is the part of the Residence in which Your Room is located and may include Flat Common Areas. If Your Room is self-contained (i.e. you have exclusive use of a kitchen) then 'Flat' refers to Your own Room.

"Flat Common Areas"
The areas shared with other residents in the Flat, including the kitchen, hallways and any other communal area shared exclusively by You and other residents in Your Flat.

"Flat Contents"
This is all furniture, fittings and equipment provided for the use of all residents in the Flat.

"Offer"
This is Our offer of accommodation to You in one of our residences.

"Offer Deadline"
This is the date that Our Offer expires. Payment of the Booking Fee must be received on or before the Offer Deadline date otherwise We reserve the right to offer the Room to someone else.

"Payment Dates"
The dates when You have to pay Us for Your Room.

[Residents who move in at the start of the academic year are normally required to pay the rent in three instalments. The number of instalments reduces to two instalments or one instalment depending on the Start Date and length of the Tenancy. Your payment dates will be shown here on your Tenancy Agreement.]

Booking Fee Payment Date: [This is the date when you pay the Booking Fee to accept this Tenancy Agreement]

First Instalment Date: [This is the date when your first rent instalment is due. It is normally the Start Date of your Tenancy.]

Second Instalment Date: [This is the date when your second rent instalment is due.]

Third Instalment Date: [This is the date when your third instalment is due.]

"Rent"
The total amount of rent you will have to pay for your Tenancy
GBP [The amount will be shown here on your Tenancy Agreement].

"Reservation Fee"
This is a fee of GBP 250.00 which we charge to reserve Your Room for the Start Date of your Tenancy. When You move in and Your Tenancy begins the reservation fee is credited towards your final instalment of Rent. If You do not move in We will not give You a Tenancy and You will lose your Reservation Fee.

"Residence"
This is the building where your Room is located.
[The name and address of your residence will be written here on your Tenancy Agreement.]

"Residence Common Areas"
The areas shared with other residents of the Residence including the common room, hallways, outside areas and any other communal areas shared by You and other residents of the Residence (if any).

"Residence Contents"
This is all furniture, fittings and equipment provided for the use of all residents in the Residence.

"Room"
This is a room or self-contained flat which you have exclusive use of as a Resident.
[The room type will be shown here on your Tenancy Agreement]

"Room Contents"
This is all furniture, fittings and equipment provided exclusively for Your use in Your Room.

"Senior Resident"
A resident employed by Sanctuary Management Services to assist the residence staff and provide on-call support to security out of office hours.

"Start Date"
This is the Start Date of your Tenancy.
[The actual Start Date will be shown here on your Tenancy Agreement]

"Tenancy", "Tenancy Agreement"
This is the legal contract which We issue to You when you accept Our offer of accommodation by payment of a Booking Fee and the first instalment of Rent. The terms of the Tenancy are given in this document.

"Tenancy Period"
This is the period between the Start Date and End Date of your Tenancy.
[Your Tenancy Period will be shown here on the Tenancy Agreement].

2. Conditions of our Offer of Accommodation

We strongly recommend that you (and your Guarantor if you have one) read the terms of your Tenancy before you accept our offer of accommodation.

2.1

To accept an Offer of Accommodation from Us you will need to:

2.1.1

Read and Accept the terms of this Tenancy Agreement

2.1.2

Pay the Booking Fee on or before the Offer Deadline given in our Offer email. Payment of the Booking Fee must be received on or before the Offer Deadline date otherwise we reserve the right to offer the Room to someone else.

2.1.3

Pay the first instalment of Rent on or before the Start Date of your Tenancy. Payment of the first instalment of Rent must be received on or before the Start Date of your Tenancy otherwise you will not be allowed to move in to the Room.

2.2

We will not grant a Tenancy to anyone who has not paid the Booking Fee and the first instalment of Rent.

3. Making a Payment

3.1

You or your Guarantor can pay the Booking Fee and Rent in one of the following ways:

3.1.1

Pay using a debit or credit card online at our website www.smsstudent.co.uk. We do not accept payment by American Express or Diner's Club card. Please see clause 3.6.1 below for information about charges for payments made by credit card.

3.1.2

Pay using a debit or credit card by contacting the Residence during office opening hours. Please see clause 3.6.1 below for information about charges for payments made by credit card.

3.1.3

Pay using Travellers' Cheques in Pounds Sterling by visiting the Residence during office opening hours.

3.1.4

Pay using Banker's Draft in Pounds Sterling drawn on a UK bank by visiting the Residence during office opening hours or by sending a Banker's Draft by post to the Residence.

3.2

Payment through www.smsstudent.co.uk

3.2.1

In our Offer email there are details about how to log on to www.smsstudent.co.uk to make a payment. You or your Guarantor may use the log on details to access our online payment service.

3.2.2

If the payment is successful a payment confirmation screen will be displayed and you will receive a receipt by Email.

3.2.3

If the payment is not successful you may try making the payment using another card or contact the Residence to make a payment during normal office opening hours between 9am and 6pm Monday to Friday.

3.3

Payment at the Residence Office

3.3.1

The Residence office is able to accept payments in normal office opening hours between 9am and 6pm Monday to Friday.

3.3.2

You or your Guarantor can make a payment in person at the residence office during these hours.

3.3.3

You or your Guarantor can telephone the residence office to make a payment during these hours.

3.3.4

If you make a Booking Fee payment by telephone you or your Guarantor must email the Accommodation Office at student@sanctuary-housing.co.uk to confirm that you have read and understood the terms of this Tenancy before Acceptance of our Offer.

3.4

Payment by Banker's Draft

3.4.1

If you choose to pay the Booking Fee by Banker's Draft the payment must be received by us before the Offer Deadline otherwise we reserve the right to offer the Room to someone else.

3.4.2

If you choose to pay an instalment of Rent by Banker's Draft the payment must be cleared in our bank account before the relevant Payment Date given in this Tenancy Agreement, otherwise you will be charged a Late Payment Fee (see Other Fees and Charges).

3.5

Charges for Late Payment

3.5.1

Payment of an instalment of Rent must be made on or before the relevant Payment Date given in this Tenancy Agreement, otherwise you will be charged a Late Payment Fee (see clause 10 Fees Charges and Unpaid Rent).

3.6

Payment Charges

3.6.1

We are charged by our bank to process credit cards therefore all credit card payments will incur a 0.5% surcharge.

3.6.2

There is no additional charge for payments made by debit card, banker's draft, or traveller's cheques.

4. Cancellation of an Acceptance of our Accommodation Offer

4.1

To cancel your acceptance of our accommodation offer you must email the Accommodation Services Office at student@sanctuary-housing.co.uk AT LEAST SEVEN DAYS before the Start Date of your Tenancy.

4.2

If you cancel at least seven days before the Start Date of your Tenancy you will be entitled to a refund of your Reservation Fee.

4.2.1

If your Acceptance of an Offer is within 7 days of the Start Date of your Tenancy the Reservation Fee is NOT refundable.

4.3

If you DO NOT cancel at least seven days before the Start Date of your Tenancy, or if you DO NOT notify us by email of your cancellation you will lose your Reservation Fee.

4.4

If you cancel before the Start Date of your Tenancy any rent paid to us will be refunded. (see clause 8. Refunds).

4.5

If the Start Date of your Tenancy has passed and you have moved into the Room you CANNOT cancel your Acceptance and may be responsible for the payment of Rent until the end of your Tenancy. (see clause 7 below ‘Ending of a Tenancy’).

5. Starting of a Tenancy

5.1

The Tenancy will begin on the Tenancy Start Date as stated when you Accept our Offer of Accommodation.

5.1.1

The Tenancy will begin ONLY if we have received a Booking Fee payment and the first instalment of Rent on or before the Start Date of the Tenancy.

5.2

The Tenancy will NOT begin if we have received a cancellation notice from you at least seven days before the Start Date of your Tenancy.

5.3

The Tenancy will NOT begin if we are notified by the University or any other person that you do not have the right to be a Tenant in our accommodation. (see clause 9 Right of Tenancy).

5.4

If you do not pay the first instalment of Rent before the Start Date of your Tenancy the Room will be offered to someone else.

5.5

If you have paid the first instalment of Rent but will not move into the Room within seven days following the Start Date of your Tenancy you must notify the Residence in writing by email. If you do not notify us we reserve the right to end your Tenancy and offer the Room to someone else.

6. Arrival at the Residence

6.1

You must arrive at the Residence between 2pm and 8pm on the Start Date of your Tenancy or at another time after the Start Date if this has been arranged between you and the Residence.

6.11

If you have arranged with the Residence to move in after the Start Date you must still pay the first instalment of Rent on or before the Start Date.

6.2

You will be required to show photo identification (passport, driving licence) of yourself as part of the arrival check in process.

6.3

We will give you access to your Room when the check in process is completed.

7. Ending of a Tenancy

7.1

The Tenancy will normally last for the full Tenancy Period between the Start Date and End Date as stated when you Accept our Offer of Accommodation.

7.2

We will consider, but not be under any obligation to grant a request from you to end a Tenancy earlier than the End Date if ALL the following conditions are met:

7.2.1

You visit the Residence Office in person and fill in a Leaver's Request Form.

7.2.2

You pay all rent and charges that you owe as stated in this Tenancy Agreement.

7.2.3

A suitable replacement resident is found who is NOT currently a resident in our residences and is permitted to have a Tenancy (see Right of Tenancy).

7.2.4

The replacement resident pays a Booking Fee and is given a Tenancy by us.

7.3

We may end your Tenancy at any time if ANY of the following conditions are met:

7.3.1

If you have not moved in within seven days of the Start Date of your Tenancy and have not arranged with us in advance a later date for arrival.

7.3.2

If any payment of Rent or other charges is overdue by 21 days or more.

7.3.3

If you lose your Right of Tenancy under Clause 9 below (‘Right of Tenancy’).

7.4

If we end your Tenancy early you will remain liable for the full payment of Rent until the End Date of your original Tenancy Period unless one of the following conditions are met:

7.4.1

A suitable replacement resident is found who is NOT currently a resident in one of our residences AND is permitted to have a Tenancy (see Right of Tenancy) AND who pays a Booking Fee AND is given a Tenancy by us.

7.4.2

Clause 9.3 (‘Discontinuation of study‘) applies (subject to clause 9.3.3)

8. Refunds

8.1

Subject to clause 7.4 above if the Tenancy is ended early by either You or Us we will refund any overpayment of rent as soon as practicable after the new End Date of your Tenancy OR after the Start Date of a Tenancy of a replacement resident.

8.2

Credit and Debit Card Refunds

We will attempt to refund the card on which the payment was made. If the card has expired or is no longer valid we will issue a cheque as in clause 8.3.

8.3

Cheque Refunds

8.3.1

If our attempt to refund a card payment fails, or if the original payment was made by bankers draft or travellers' cheques, we will issue a cheque in GB Pounds Sterling payable to You or (at our discretion) to the person who originally made the payment to us.

8.3.2

If a refund cheque is issued we will send it to the Room you occupy if you are at the Residence, otherwise we will send it to the address you provided on your application form or as subsequently notified to us.

8.3.3

If we are requested to re-issue a replacement refund cheque for whatever reason we will be entitled to charge GBP 15.00 for the re-issue.

8.4

We shall be entitled to deduct any bank charges payable by Us in respect of any refund from the money which is refunded.

9. Right of Tenancy

9.1

Only the following persons may be given a Right of Tenancy:

9.1.1

A registered student who has been nominated by one of our University partners to be given a Tenancy at our residences.

9.1.2

A registered student studying full-time for a minimum of 21 hours per week at a University or Higher Education College which is deemed appropriate by us and which is specified education institution within the meaning of the Housing Act 1988 Schedule 1 Part 1 paragraph 8.

9.2

You will lose your Right of Tenancy if any of the following conditions are met:

9.2.1

If you are in serious or persistent breach of any of your obligations in this Tenancy Agreement.

9.2.2

If your behaviour in our opinion constitutes a serious risk to yourself or others or to our property or the property of others.

9.2.3

If you are no longer a registered student as stated in clause 9.1.1 and 9.1.2 clause 9.3 will apply (‘Discontinuation of study’).

9.3

Discontinuation of study

9.3.1

If during your Tenancy Period you are no longer a registered student as stated in clause 9.1.1 and 9.1.2 this is known as a Discontinuation of Study and you must notify the Residence office and complete a Leaver's Request Form.

9.3.2

If your Discontinuation of Study happens BEFORE 1st APRIL your liability for the payment of rent will be limited to a maximum of 28 days after you permanently leave the residence and hand in your keys/entry card OR from the date when you complete the Leaver's Request Form, whichever is later.

9.3.3

If your Discontinuation of Study happens AFTER 1st APRIL you will remain liable for the payment of rent until the End Date of your Tenancy Period or until a suitable replacement resident is found.

9.3.4

We will only accept notice of Discontinuation of Study if accompanied by a letter of proof from your University stating the end date of your registration at the University.

9.4

Proof of enrolment

9.4.1

You agree to provide proof of enrolment as a full time student at a University or Government-Funded Higher Education Institute in the United Kingdom upon our request at any time during your Tenancy Period.

9.4.2

If at any time you cease to be a full-time student we may terminate your Tenancy as stated in clause 9.2.3 and clause 14.9 (‘Council Tax’) will apply.

10. Fees, Charges and unpaid Rent

10.1

We are entitled to charge you for all reasonable costs and expenses incurred by us to recover money owed by you as stated in these terms and conditions. These charges include (but are not restricted to) the following:

Tenancy Amendment Charge
GBP 25.00 to issue a Tenancy Amendment notice if at your request we grant any of the following:
Change of room type at a different rent (e.g. from a single room to a double room)
Change of Residence
Change of Tenancy Period (clause 7 Ending Of a Tenancy also applies)

Cleaning Charge
A minimum of GBP 30.00 if the Room is required to be cleaned at any time before the original Tenancy Period End Date.

Failed payment fee
GBP 30.00 if a bankers draft fails to clear when presented to our bank.

Refund cheque re-issue
GBP 15.00 if we issue a refund cheque and it is lost.

Notification of Resident's breach of obligations
GBP 25.00 for written notice that you are in breach of the terms of this Tenancy.

Each reminder to pay Rent
GBP 25.00 for written notice that you are in arrears with your rent

Replacement of lost keys
GBP 60.00. This is not refundable when new keys have been issued even if your keys are found.

Replacement of entry card / id card
GBP 5.00. This is not refundable when a new card has been issued.

Credit Card payments
0.5% of the transaction amount.

Damage to Contents
An amount equivalent to the reasonable costs of repair or replacement (or a proportionate share of such costs).

10.2

You and your Guarantor authorise us to charge any instalment of Rent which is due but unpaid to your or your Guarantor's credit or debit card if payment has previously been made by that method. We will not be liable for any bank or credit card company charges that you may be charged.

10.3

We may charge you interest on any Rent which remains unpaid more than 7 days after the Payment Date has passed (whatever the reason for delayed payment) and interest will be charged (calculated on a daily basis) at the Bank of England base lending rate for the period from when payment becomes due until payment is made.

11. Room relocation

11.1

We have the right to move you to a similar alternative Room within the Residence (or in exceptional circumstances to a difference Residence) during the Tenancy Period where it is reasonable to do so.

11.2

It shall always be regarded as reasonable for us to relocate residents in order to achieve efficient occupancy of Flats and avoid having several partially empty ones.

11.3

If we relocate you to more expensive alternative accommodation then (unless the relocation is at your request) the Rent will not increase. If we relocate you to less expensive accommodation, the Rent will be decreased by an appropriate amount.

11.4

You will not be entitled to any compensation for disturbance or disruption if we relocate you (but this clause does not affect your rights if the reason for the relocation is because the Room is defective).

11.5

You may request to be relocated to another room but we will not be obliged to consider any requests for relocation during the first 2 weeks of the Tenancy Period.

11.6

We will only agree to Your for relocation if there is alternative accommodation available and if there are exceptional circumstances for You requesting the move.

11.7

If we move you because you are in breach of one or more of obligations in these terms and conditions or where the move is made at your request you will pay us a cleaning charge of £30.

11.8

Where the reason for us requiring a relocation is because of your breach of these terms and conditions, we will give you at least 48 hours prior notice.

12.Double Rooms

12.1

Where a Room or Flat is let for double occupancy both residents in the Room or Flat shall have a joint Tenancy and shall be jointly and severally liable to comply with these terms and conditions. This means that each of them is fully responsible for the entire Tenancy, including the payment of Rent, as well as having shared responsibility with the other occupier.

12.2

If one of the joint Residents ceases to live in the Room or Flat, the remaining Resident will promptly notify the Landlord. We will be entitled to claim the full Rent from both Residents or from either of them.

12.3

If both residents wish to leave, the termination provisions in clause 7 apply.

13. We, The Landlord agree to:

13.1

On receiving the Booking Fee from you or your Guarantor we will:

Give you a receipt by email for your Booking Fee payment.
Reserve a Room for you for the Start Date of your Tenancy.
Give you information on what you need to bring when you arrive.
Send an email to remind you when your first instalment of Rent payment is due (but the Rent will be payable whether the reminder is sent or not).

13.2

On receiving the first instalment of Rent payment from you or your Guarantor we will:

Give you your Tenancy and allow you to occupy your Room from the Start Date of your Tenancy.
Issue you keys and/or entry card to the Residence, Flat and the Room on the Start Date of your Tenancy.
Give you the right to use the Room Contents we provide for you.
Give you the right to use any Flat Contents and Residence Contents we provide for shared use by all residents in the Flat and the Residence.
Give you the right of access to any Flat Common Areas and Residence Common Areas jointly with other residents.

13.3

For all residents in the Residence we agree to:

Provide electricity and hot and cold running water.
Provide heating up to 21 degrees centigrade in the Room and Flat.
Subject to clause 14.3 maintain and repair all Contents to a satisfactory condition.
Provide any other services which are stated to be included in the Rent<./li>

13.4

Before each Rent instalment date we will send a payment reminder by email (but the Rent instalment will be payable whether the reminder is sent or not) with information of how to log on to our website and check the rent due and any additional charges payable under the Tenancy Agreement. If you disagree with the amount you must inform your Residence office on or before the relevant Payment Date. You must not make any deductions from the Rent.

13.5

We will provide an inventory of your Room on your arrival. We will ensure that your Room is in the condition described in the inventory provided that you report any damage or defects within 7 days of the Start Date of your Tenancy.

13.6

If the Reservation Fee is not credited towards your final payment of rent we will return it to you (after making any proper deductions) as soon as reasonably possible (at the latest one month) after the end of the Tenancy Agreement. See Clause 8 (‘Refunds’)

13.7

We will insure the Residence and your personal belongings with Campus Insurance or a similar reputable Insurer as we decide. The premium for the building insurance and your possessions is included in the Rent. Terms and conditions apply to the insurance cover and these can be read at www.smsstudent.co.uk. You are responsible for making sure that our insurance of your possessions is sufficient for your needs and if you consider the cover is not adequate you may make additional insurance arrangements at your own expense.

14. You, The Resident agree to:

14.1

Cleaning and refuse

Keep the Room clean and tidy throughout the Tenancy Period and leave the Room and the Flat in a clean and tidy condition.
Jointly with other residents, to keep the Flat Common Areas clean and tidy throughout the Tenancy Period.
Dispose of your refuse at regular intervals in designated areas and not deposit rubbish or unwanted items anywhere else on the Landlord's property or surrounding area.
Remove all personal belongings and rubbish at the end of the Tenancy Period. If you do not do so we are entitled to remove and dispose of them without being liable for any loss or damage.
Not to obstruct the Landlord's employees or agents who inspect and clean the Residence.
Where you do not comply with these terms and conditions within 7 days of us notifying you, we will carry out the cleaning and charge you the cleaning costs which the Landlord incurs subject to a minimum fee of £30.
If you refuse access to our cleaners at a time notified by us, we may charge an administration fee of £25 for each wasted visit in addition to any charges properly made for cleaning.

14.2

Access to your Room

You agree to give us and persons authorised by us access to your Room at reasonable times, after giving 24 hours' notice, for the purpose of viewing, inspection, cleaning, maintenance or repair.

14.2.1

We will not need to give notice to access your Room in an emergency or where we are responding to a repair reported by you.

14.3

Contents

You agree to check the inventory of items in your Room given to you on arrival and return it to the Residence Office within 7 days of the start of the Tenancy Period signed with a report of any discrepancies. If for some reason you are not given an inventory list on arrival you should request one from your residence office.
You will not remove any Contents from the Room or from the Flat or from the Residence.
You will be liable for replacing or repairing any missing, lost or damaged Contents (unless caused by fair wear and tear or recovered on the Landlord's insurance).

14.4

Health and Safety

You will not leave any doors propped open or obstruct or leave any items in the Flat and Residence Common Areas or do anything which may be a fire risk or in any other way put the health and safety of yourself, others, or our property or other people's property at risk.
You will not interfere with any fire prevention, fire detection or fire fighting equipment within the Residence and we may refer any such incidents to the appropriate prosecuting authority.
You will use the Room, the Flat and the Residence with care and attention to the safety and convenience of others. You will not do anything which may cause damage to our electrical installation or equipment.
You will not put any harmful substance in, or do anything which is likely to block the drains or pipes serving the Flat and will take reasonable precautions to prevent pipes in the Flat from freezing.
We will treat any breach of clause 14.4 (including the use of candles, oil lamps, incense, shisha and hookah pipes) as a serious breach of these Terms which would entitle us to terminate this Tenancy Agreement.

14.5

Defects and Damage

You will promptly report to the Residence Office any defect in or damage to the Room or the Flat or the Residence.
You will not change, or fix anything to, or in any way re-decorate or attempt to repair your Room or any part of the Residence.
Where any damage or loss occurs in the Residence Common Areas or in the Flat Common Areas and we are unable to ascertain who is at fault you will pay a fair and reasonable proportion (determined by the number of residents in the Residence or in the Flat, as appropriate) of the cost of repairing the damage or reinstating the loss. Our complaints procedure will apply to any disputes.

14.6

Keys and Access

You will return all keys and entry cards to the Residence office by 10.00 am on the last day of your Tenancy Period.
You will not make any duplicate keys or issue keys to any other person or change the locks to your Room or the Flat or any other locks in the Residence.
You will promptly report any loss of keys or entry cards to us and will pay us the proper and reasonable cost up to a maximum of £100 for any one replacement of the keys and/or the entry cards and/or the locks or card mechanism.

14.7

Non-Residents and Visitors

You will ensure that your visitors sign in the visitors' book held at the Residence Office or Security desk upon entering the Residence and sign out your visitors on leaving the Residence.
You may not have more than one overnight visitor at a time.
You may not have more than 3 visitors at a time.
You may not leave the Residence while the visitor is in the building.
You are responsible for the conduct and behaviour of any person you invite to the Residence and will reimburse us for any loss or damage a visitor causes.
You may not have overnight visitors in your Room or in the Residence for more than 3 nights in any 7. An overnight visitor is allowed a maximum of 3 nights in the Residence in any 7 and may not return to the Residence as the visitor of another resident during that period.
You may apply in writing to the Residence Manager of your Residence if you wish to have a visitor to stay for more than 3 nights in any 7 but we may refuse on the grounds of health and safety, nuisance to other residents in the Flat, or some other reasonable ground.
You may be asked to pay a charge (equivalent per person to the rate paid by the Resident) to us if you have an overnight visitor for more than 3 nights in any 7, whether or not we have given permission for the visitor's stay. Paying an additional charge does not imply that a visitor's stay may continue indefinitely, nor does it constitute any form of tenancy, and you must ensure the overnight visitor leaves at our request.
We reserve the right to refuse entry to any visitor who has caused nuisance to any staff or persons in the Residence or if we have received a complaint about them.

14.8

Use of the Room

You will use your Room only as a study bedroom for single occupancy (except for a Room designated for double occupancy, in which case the terms and conditions relating to double occupancy apply, and except for visitors permitted by these terms and conditions).
You will not use or allow any part of the Residence to be used for any illegal activity.
You will not use or allow the Room to be used for business purposes or do anything that would cause the Local Authority to change the Council Tax status of the Residence.
You will not transfer your Tenancy or create a sub-Tenancy or share occupancy of the Room or any part of the Flat (unless the Room is designated by us as double occupancy, in which case the terms and conditions relating to double occupancy apply).
You will not leave the Room unoccupied for more than 10 days without notifying us except during the vacation periods or in an emergency which prevents you from giving us notice.
You will not bring any animal into the Residence unless it is an aid for a disabled person and you have notified the Residence Manager of the Residence in advance of the arrival so appropriate arrangements can be made.

14.9

Council Tax

If at any time you cease to be a full-time student you agree to pay any Council Tax that you may become liable for during your Tenancy Period.
If by becoming liable for Council Tax payment the Flat or Residence is also liable for Council Tax you agree to pay those charges.
If you fail to pay Council Tax for which you are liable we are entitled to recover from you any Council Tax we are required to pay as a result.

14.10

Use of electrical and gas-fueled items

You agree not to use or bring into the Residence any gas or electrical heaters or any gas or electric cooking appliances. We will allow you to use an oil-filled electric radiator provided it is tested to comply with our health and safety requirements.
You agree to pay towards the reasonable cost of PAT (Portable Appliance Testing) testing of any of your electrical items if we are required to carry out the test to comply with any legal or health and safety regulations.
You will not install any wireless or television aerial, satellite dish or other wiring or equipment without first obtaining written consent from us and we shall be entitled to refuse consent on any reasonable ground.
You will comply with any reasonable conditions and requests made by us in respect of any such installation of cable or satellite dish or television aerial or other wiring.
You will allow us to enter your Room to inspect any such installation and to ensure that conditions have been complied with and you will comply with any further reasonable conditions and requests which we may make.
If we require, you will have any installation professionally removed at the end of the Tenancy Period and pay us for the repair of any damage to any part of the Residence caused by the installation or its removal.

14.11

Telephones

You agree to pay for any telephone and broadband services you subscribe to in addition to any free services available from the service provider.
You will not install any telephone line other than that which is provided in the Room or enter into an Agreement with any other than our nominated service provider (which may change from time to time) for the supply of telephone services without our prior written consent which shall not be unreasonably withheld or delayed.
In accepting and contracting with our nominated service provider the provision of telephone and/or internet you agree that you will not be permitted to resell or make this Internet Service available to third parties through any means whatsoever including cable and or wireless systems. In the event that a resident is found to have established any form of connection for the provision of services to third parties it will be treated as breach of this Tenancy Agreement.
Cooper's Court Residents
We do not have a telephone service provider at Cooper's Court and you may choose your own supplier providing you let us know beforehand and we give you our approval in writing (such approval shall not be unreasonably withheld or delayed).

14.12

Nuisance

You agree not to commit (or allow your visitor to commit) any form of harassment, whether on the grounds of race, colour, sex, sexual orientation, disability or otherwise, which may interfere with the peace and comfort of other residents or their visitors or staff and contractors employed by us. We will treat harassment as a serious breach of these terms and conditions, which could lead to termination of your Tenancy Agreement and/or complaint to your University or College under its disciplinary arrangements.
You will not cause any nuisance, offence, disruption or persistent disturbance to others. Alcohol consumption is never a mitigating factor.
You will not make any noise which is likely to annoy others and will not make any noise audible from an adjoining or neighbouring room between the hours of 10.00 pm and 8.00 am on Sundays to Thursdays and 12 midnight and 9.00 am on Fridays and Saturdays.
You will not leave any car, van, motorcyle, caravan, trailer, boat, commercial vehicle or any other motorised vehicle on the Landlord's property without written authority from us (but nothing in this clause implies that we are under an obligation to give authority if it is requested). Bicycles may be left at the owner's risk in designated storage areas (if any). You must not leave a bicycle anywhere in or outside of the Residence if it is likely to cause obstruction.

14.13

Hazardous Items

You will not use or store in any part of the Residence any explosive, inflammable or hazardous or dangerous items.
You will not (in any part of the Residence) install or use any portable gas or paraffin heater or do anything which would be likely to cause the Landlord's buildings insurance to be invalid.
If you become aware of any other resident's possession or use of a hazardous item, you shall promptly report it to the Residence office.

14.14

Smoking

We operate a non-smoking policy in all of our residences and you agree not to smoke in any part of the Residence including the Room, the Flat Common Areas, the Residence Common Areas and any other Communal areas including kitchens, corridors, hallways, common rooms, stairwells, courtyards and outside spaces. We will treat any breach of this condition as a serious breach of your Tenancy Agreement which could lead to it being terminated.

14.15

Senior Residents and Security Guards

You will at all times comply with the instructions of our Senior Residents and security guards as regards health and safety and the wellbeing of residents generally. If you believe that the instructions of any Senior Resident or security guard are unreasonable, you may complain to the residence office using our complaints procedure.

14.16

Landlord's Charges

You will pay to us within 7 days of invoice all costs reasonably incurred in enforcing your obligations in this Tenancy Agreement and/or losses and reasonably incurred costs arising from a breach of them, including a £25 administration fee in respect of each breach or enforcement action.
You agree to reimburse us for any third party bank or card charges which we have to pay as a result of you giving incorrect or out-of-date information or using a third party's bank or card details without their authority.

14.17

Data Protection Act 1998

You and your Guarantor authorise us to use personal data for all lawful purposes in connection with the Tenancy and the Guarantee, including debt recovery, crime prevention, allocating rooms or where there is a serious risk of harm to you or to others in the Residence or to the Landlord's or others' property. You hereby give your express consent to us transferring personal data (including sensitive personal data) to your teaching or research institution where in the Landlord's reasonable opinion it is appropriate to do so.

14.18

Notices

You will promptly give us a copy of any communication you receive which is likely to affect the Room, the Flat or the Residence.

15. Exclusion of our (The Landlord's) liability

15.1

Loss and damage

Our liability for loss or damage to persons or property is excluded unless the loss or damage is caused by our negligence or breach of our obligations in these terms and conditions.
We will not be liable for any loss, theft or damage which you sustain, or for any failure of an insurance claim you submit.
We are not liable for any loss or damage to any installation carried out by you, or to any equipment served by that installation.
We will not be liable to carry out any replacement or repair where loss or damage has been caused by you or other residents in the Flat or by their visitors until the person responsible for the loss or damage has paid for it or we have recovered the loss on insurance.

15.2

Third Parties

We shall not be liable for the actions or negligence of any third party at the Residence.

15.3

Provision of Services

We are not responsible for the supply of telephone, broadband or any other services other than those which we agree to supply in these terms and conditions and you must direct any complaints concerning the provision of such services and /or their cost to the service provider.
We are not responsible for any failure of electricity supply and/or heating and/or water supply unless that for the failure has been caused by our wilful negligence or breach of obligation contained in this Tenancy Agreement.
We shall not be responsible for providing any Services where we are prevented from doing so by circumstances beyond our reasonable control.

15.4

Refunds

We shall not be liable for any payments you do not receive and it is your responsibility to ensure that we have up-to-date details of your card or address to enable us to make any payments due.

16. Joint Responsibilities

16.1

Each resident is responsible for their Room (see also clause 12 which relates to double rooms).

16.2

Each resident is jointly responsible with the other residents in their Flat for the Flat Common Areas and jointly responsible with the other residents in their Residence for the Residence Common Areas.

16.3

Being jointly responsible means that any damage to the Residence Common Areas or to the Flat Common Areas will be shared between the residents who use them unless we are able to identify the person responsible or recover the costs from insurance.

16.4

We are entitled to enforce obligations relating to the Flat Common Areas and/or the Residence Common Areas against the Resident jointly with all the other residents who occupy them.

16.5

Our complaints procedure will apply to disputes about shared charges.

17. Service of Notices

17.1

We may serve notices in connection with your Tenancy to you in person by leaving the notice at the Room, or by e-mail or post to the contact details you gave us.

17.2

You shall serve notices and notifications in connection with your Tenancy to us by e-mail to student@sanctuary-housing.co.uk or by post to Sales and Accommodation Office, Dinwiddy House, 189 - 205 Pentonville Road, London N1 9NF.

18. Exclusion of Third Party Rights

18.1

It is not intended that anyone other than the Landlord or the Resident or (where applicable) the Guarantor shall be entitled to enforce any of these terms and conditions.

19. Guarantee

19.1

Where a Guarantor reserves the Room and pays a Booking Fee on your behalf they will will be liable for your financial obligations in these terms and conditions if you default on these terms.

19.2

If you instruct a Guarantor to act on your behalf you need to read these terms and conditions on our website and confirm by email to student@sanctuary-housing.co.uk that you accept these terms.

19.3

If you are under the age of 18 years old at the time of booking you must provide us with the details of a Guarantor through our online acceptance pages or by email to student@sanctuary-housing.co.uk.

19.4

By making the application and submitting payment of the Booking Fee the Guarantor guarantees that they will pay the Rent within 21 days of receipt of written demand accompanied by a certificate stating either:

19.4.1

the Resident has not paid the Rent (or some part of it) when it was due; OR

19.4.2

the Resident's rights under the Tenancy have been lawfully terminated; AND

(a) Rent of the amount being demanded would have been due if the Tenancy had still been subsisting; AND

(b) Rent reserved by any new Tenancy relating to the Room is not payable in full by any other person for the period in respect of which Rent is being demanded from the Guarantor: OR

19.4.3

The Tenancy was granted on the basis of the Guarantor's application alone, the Resident has failed to ratify the Tenancy by confirming his/her booking and paying the first instalment of Rent before the Start Date of the Tenancy Period, and Rent of the amount being demanded would have been due if the booking had been made personally by the Resident.

19.5

The Guarantor also guarantees to the Landlord that they will pay within 21 days of written demand which includes evidence of the amount claimed, a sum equal to all the Landlord's losses, damages, costs and expenses arising from any breach of the Resident's obligations under these terms and conditions (whether or not the Resident made the booking personally).

19.6

The Guarantor's obligations shall end (without affecting any claim which has already arisen) on the first to occur of:

19.6.1

the End Date; OR

19.6.2

the grant of a new Tenancy of the Room following lawful termination of any Tenancy rights the Resident may have.

19.7

If during the Tenancy Period the Resident transfers to other accommodation let by the Landlord, the Guarantor's obligations shall also transfer to that other accommodation (but not so as to increase the Guarantor's total liability).

19.8

If we recover any sum from the Resident after receiving payment from the Guarantor in respect of the same liability then we will repay the sum from the Resident to the Guarantor up to the amount paid by the Guarantor within 21 days.

19.9

By requesting the Guarantor to give this guarantee the Resident undertakes to the Guarantor to re-pay to the Guarantor within a reasonable time of demand any sums which the Guarantor pays to the Landlord and which are not reimbursed.

These are the terms and conditions on which we, the Landlord, are prepared to offer a Tenancy. Keep these terms and conditions in a safe place, where you can easily refer to them if you need to.