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By Accepting this Agreement, you are entering into a legally binding contract and are agreeing to abide by the terms of this agreement which includes the “Terms and Conditions of Residence”. Please read the Terms and Conditions of Residence in full and make sure that you understand them before Accepting this Agreement by confirming your Acceptance by signing.
("the Ts & Cs")
This Agreement is a licence to occupy and it is agreed by both parties that it does not create a tenancy. and you do not have exclusive possession of the Room in the manner of a tenant.
This licence grants you the personal right to occupy the Room for the fixed Period of Residence. We respect your right to quiet enjoyment of the Accommodation. However, due to the nature of this licensed accommodation and our obligations to all residents, we retain the following specific rights, which will be exercised reasonably:
In these terms and conditions "you" means the person signing this Agreement and "we" means the "Licensor" as set out in the Glossary. The expressions "your" "our" and "us" should be read accordingly.
The terms are contained within:
By Accepting this Agreement you enter into a legally binding contract with us which, for the Period of Residence and subject to the terms of this Agreement, gives you the right to live in the Accommodation and (the non-exclusive right) to use the Communal Areas.
If you move into the Accommodation without first Accepting this Agreement you will be deemed as having Accepted this Agreement by your action of moving into the Accommodation.
Unless it specifies otherwise in the Agreement Summary, the Period of Residence is continuous and includes the Christmas and Easter vacation periods. You must vacate the Accommodation and remove all of your personal possessions from it by 10:00am on the last day of the Period of Residence. Students are not permitted to remain in the Accommodation beyond the last day of the Period of Residence.
Our responsibilities are set out in clause 1 (below). We are fully committed to fulfilling our responsibilities under this Agreement. If we fail to meet these, we expect you to tell us and give us the opportunity to put things right.
By entering this Agreement, you commit to comply with your responsibilities. These are set out in clause 2 (below). If you fail to meet these, we will tell you and (unless the failure is serious or persistent) we will give you a chance to put things right. If you fail to take this opportunity, or if the failure is serious or persistent, we will be entitled to take formal (including legal) action against you which may result in you having to leave your Accommodation.
With the exception of any changes as a result of government legislation, this Agreement cannot be changed without prior written agreement between you and us.
If there is anything you do not understand or if you have any other queries relating to this Agreement, please contact the Accommodation Management. If you require advice on your rights or responsibilities under this Agreement, please seek advice from a Citizens' Advice Bureau, Law Centre or solicitor.
These Ts & Cs and the Agreement Summary contain certain words which begin with capital letters. These have particular legal meanings which are explained in the glossary at the end of these Ts & Cs.
During the Period of Residence we will use reasonable endeavors to:
1.1.1 maintain the structure of the Hall and keep the Hall and Communal Areas (including the lighting, heating and firefighting equipment within them) clean, tidy, in reasonable repair and fit for use by you and other occupiers.
1.1.2 ensure that all fixtures and fittings for water, gas (if applicable), electricity and water heating in the Accommodation and Hall are kept in working order and to provide such heating as we consider adequate (acting reasonably). This may mean that, during warmer weather, the heating may be turned off;
1.1.3 provide an adequate supply of hot water for normal domestic use;
We will not be liable for any failure or interruption to any of the services or facilities (or any loss arising from any failure or interruption), if the failure or interruption is due to reasons outside our control (e.g. mechanical breakdown, shortages of fuel/materials, labor disputes, student action or necessary maintenance, repair, or replacement).
1.2.1 During the Period of Residence we will insure the Hall against fire and other risks which we reasonably consider necessary.
1.2.2 During the Period of Residence, you shall be responsible for arranging and maintaining adequate insurance coverage for their own personal belongings kept within the Accommodation.
2.1.1 You must pay the Licence Fee during the Period of Residence on the dates and in accordance with the payment terms set out in Schedule 1.
2.1.2 The obligation to pay the Licence Fee applies irrespective of your individual course dates (which may start later or finish earlier than the Period of Residence) and irrespective of when or if you actually move into the Accommodation.
You agree to check, sign and return Inventory when you check into the Accommodation. You are to notify the Accommodation Manager of any discrepancies as soon as possible and in any event within 72 hours of taking occupation of the Accommodation. If you do not do so, we shall assume that the Inventory is correct.
2.3.1 You are the only person authorized to occupy the Accommodation.
2.3.2 You must not use the Accommodation for any other purpose than as living accommodation.
2.3.3 You must allow our staff and/or contractors to enter the Accommodation in accordance with clause 3.2 below.
2.3.4 The Occupier acknowledges that the right of occupation is non-exclusive and personal.
2.4.1 You are responsible for the behavior any Visitor and you must ensure that they do not break the terms of this Agreement. If they do, you will be in breach of this Agreement.
2.4.2 You agree that we may remove or exclude your Visitors from the Accommodation or the Hall where we have reasonable grounds to believe that this is necessary for the safety and/or well-being of other persons.
2.4.3 You agree not to allow anyone other than the occasional adult Visitor (18 years and older) to stay overnight, and they are only permitted to stay overnight for a maximum of two nights in any week.
2.4.4 Visitors are only permitted provided that this does not annoy other occupants of the Hall or disrupt study and provided that this does not annoy or disturb study by other occupants of the Accommodation or Hall. We reserve the right to prohibit Visitors if, in our reasonable opinion, it is necessary to do so for the safety and wellbeing of other occupants of the Hall and/or to safeguard our property.
The Occupier(s) shall pay a Security Deposit prior to occupation. The Deposit will be held by the Licensor as security against any damage, loss, or outstanding charges incurred during the Period of Residence. At the end of the Agreement, the Deposit (less any lawful deductions) will be refunded to the Occupier in accordance with the refund procedure outlined in the Deposit Information email issued by the Accommodation Management Team.
You agree to comply and/or co-operate with a reasonable request by us to provide information or to assist in connection with a risk assessment undertaken by us in relation to your occupation of the Accommodation and/or the Hall.
You agree:
2.7.1 to show respect, at all times, for all persons living and/or working in the Hall or in the locality of the Hall and not to cause or do anything that is likely to cause a nuisance or annoyance to them;
2.7.2 to keep noise at a level that does not interfere with the study, sleep or comfort of persons living and/or working in the Hall and, in particular, not to make or allow any loud noise (including televisions, playing music or musical instruments) between 22.00 hours and 08.00 hours;
2.7.3 not to use violence or threaten to use violence, verbally assault or harass or threaten to harass (including harassment on grounds of age, gender, sexual orientation, religion, belief, race, culture, disability or lifestyle) any person;
2.7.4 not to bring into either the Accommodation or the Hall any weapons, illegal items or items which we consider to be offensive or dangerous (e.g. replica, ceremonial or toy weapons, knives, martial arts weapons or air-weapons) or allow the Accommodation to be used for any criminal, immoral or illegal purpose;
2.7.5 not to commit any arrestable offence or criminal act which we consider (acting reasonably) makes you unsuitable to continue to live in the Accommodation;
2.7.6 not to bring dart boards, electric scooter/bike, fireworks, barbeques, gas bottles or gas appliances into the Accommodation or the Hall;
2.7.7 not to allow persistent use of Hall facilities by non-residents;
2.7.8 not to smoke in the Accommodation or the Hall which also includes the use of electronic cigarettes/vaping;
2.7.9 not to place any items on or throw anything from the balconies or windows of either the Accommodation or the Hall or attach posters or other items to the ceiling, light fittings, smoke alarms;
2.7.10 not to hold parties with an excess of ten people in the Accommodation or Halls without the prior approval of the Accommodation Manager;
2.7.11 The Student Block: not to bring or keep any motor vehicle owned by you or in your custody to Loughborough other than for a single trip at the beginning and the end of a term to transport your belongings to and from the Accommodation.
2.8.1 to keep the Accommodation in a clean and tidy condition at all times and to place any rubbish and recyclable materials in designated areas in the Hall;
2.8.2 not to make any alterations to or damage the Accommodation or Hall (including fitting satellite dishes, aerials, decorating or damage caused by neglect or misuse);
2.8.3 Not to leave any personal belongings or other obstacles in communal Areas or make these areas dirty, unsafe or untidy. If we remove items or arrange additional cleaning, we may charge you the reasonable cost.
It is your responsibility to help ensure that the Accommodation and the Hall are safe and secure.
2.9.1 not to bring electric blankets or duvets;
2.9.2 not to bring unsafe electrical equipment;
2.9.3 not to tamper with appliances supplied by us;
2.9.4 to ensure your equipment meets Health and Safety standards;
2.9.5 not to bring heating or heavy-duty electrical appliances.
2.9.6 to respond to fire alarms and evacuation procedures;
2.9.7 not to obstruct escape routes or tamper with fire equipment;
2.9.8 not to cause fire hazards or leave cooking unattended.
2.9.9 to keep keys secure and not copy them;
2.9.10 to lock doors and windows when leaving;
2.9.11 not to allow unknown persons into the Hall;
2.9.12 not to tamper with window restrictors.
You must not keep any animal, bird, reptile, insect or fish at the Accommodation or in the Hall. Assistance dogs are permitted by prior arrangement.
2.11.1 to vacate the Accommodation by 10:00am on the final day;
2.11.2 to return all keys and key fobs. Replacement costs may be deducted from the deposit;
2.11.3 to leave the Accommodation clean and tidy. We may dispose of belongings left behind.
We have the right to carry out any alterations or building works at the Accommodation, the Hall and/or on our or the University’s adjoining or neighboring property without liability for disturbance provided that, as far as practicable, we have used reasonable endeavours to minimise any disturbance.
3.2.1 We may enter the Accommodation when reasonably necessary, and will normally give at least 24 hours’ notice (except in an emergency).
3.2.2 In an emergency without notice, where entry is required to protect life or property.
3.2.3 For inspect, maintain, or repair the Accommodation, or to comply with our obligations under this Agreement. Where a maintenance issue is reported, you should expect maintenance operatives to attend your room within one to three working days, depending on the urgency of the matter. It is not possible to provide a specific date or time for attendance, as maintenance operatives work from a daily job list. You are not required to be present when maintenance staff attend your room; or
3.2.4 For room inspections and viewings, we may, with at least 24 hours’ notice, enter the Accommodation during reasonable hours, but will make all reasonable efforts to agree a convenient time with the Occupier and to minimize disturbance.
We will ensure that all visits are respectful, reasonable, and cause minimal disruption. Nothing in this clause affects the Occupier’s right to quiet enjoyment of the Accommodation during the Period of Residence.
We may remove from the Accommodation or Hall any items (either used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance, subject to us giving you prior warning.
If we remove an item, we will notify you of this and confirm who you need to contact in order to recover the item. You will not be able, however, to take the item back into the Accommodation or Hall.
We reserve the right to move you to similar alternative accommodation in any circumstances including the following:
3.4.1 for reasonable management reasons (e.g. where we consider, acting reasonably, that we need to carry out works to the Accommodation or Hall, that the Accommodation or Hall is unfit for occupation).
3.4.2 where we reasonably consider that, because of your behaviour, it is necessary to move you from the Accommodation to protect your well-being or the well-being of others or to prevent damage to the Accommodation.
We grant you the following rights which you must exercise in accordance with your responsibilities under this Agreement:
4.1.1 a licence to occupy the Room;
4.1.2 (if applicable) the non-exclusive right (in common with us and all others that we authorise to do so) to use any parts of the Accommodation which do not form part of the Room; and
4.1.3 the non-exclusive right (in common with us and all others that we authorise to do so) to use the Communal Areas.
5.1.1 You must pay for all reasonable loss and damage we suffer as a result of any breach of this Agreement by you, or your Visitors. This includes (but is not limited to), any costs properly and reasonably incurred by us in arranging any additional cleaning required, issuing replacement lost or stolen keys/cards, repairing or replacing our fixtures, fittings, furniture or equipment, collecting arrears, paying professional advisors, pursuing court proceedings and any income we lose arising from your failure to move out of the Accommodation in accordance with the terms of this Agreement.
5.1.2 Where any damage is caused to the Accommodation or the Communal Areas and we are unable to identify the perpetrators (and we will use reasonable endeavours to identify them), we may (acting reasonably) claim from you a fair proportion of the reasonable cost of making good any loss or damage caused unless you can demonstrate that you were not at the Accommodation or in the Hall when the damage occurred.
If you, or your Visitors breach any of the terms of this Agreement then action may be taken against you under the procedure set out below:
5.2.1 On us identifying or becoming aware of any breach by you of the terms of this Agreement, the Accommodation Management will decide whether to:
5.2.1.1 take no action;
5.2.1.2 discuss this with you informally;
5.2.1.3 write to you to draw your attention to the alleged breach;
5.2.2 Except in the circumstances set out in clause 5.2.3, we will cooperate in the implementation of any penalty, sanction or other requirement imposed on you as an outcome taken in respect of a breach of the terms of the Agreement, which can include (in circumstances where the breach is deemed to be sufficiently serious or persistent) a requirement for you to move to alternative accommodation or termination of this Agreement and your expulsion from the Accommodation.
5.2.3 The above procedure will not apply if you have failed to pay the Licence Fee in accordance with the terms of this Agreement. In such circumstances, we may terminate this Agreement without giving you any notice of our intention to do so. As such, if you are experiencing any financial difficulties which may mean that you are unable to pay the Licence Fee when it is due you should immediately contact the Accommodation Management Team to discuss your payment arrangements.
6.1.1 The Occupier has the right to terminate this Agreement within 14 days from the date on which the Agreement is accepted (“the Cooling-Off Period”). If the occupier terminates within this Cooling-Off Period, the Agreement will be terminated without further charge; however, If the occupier chooses to take occupation within the 14 days cooling-off period, the occupier agrees that the services under this Licence begin immediately. Should the occupier later terminates within the 14 days, the Licensor may deduct the reasonable costs actually incurred up to that date.
6.1.2 After the expiry of the Cooling-Off Period, the occupier will have no automatic right to terminate this Agreement unless a Replacement Occupier can be found to take over the Accommodation for the remaining period of the Agreement. The following conditions shall apply:
6.1.2.1 It is the occupier’s responsibility to locate a suitable Replacement Occupier who meets the Licensor’s eligibility and application requirements.
6.1.2.2 Until a Replacement Occupier has entered into a new agreement with the Licensor, the Occupier will remain liable for the full contractual Licence Fee for the entire Period of Residence.
6.1.2.3 The Licensor reserves the right to engage an external Agent to assist in finding a Replacement Occupier. Where a Replacement Occupier is introduced by such an Agent, the Occupier will be liable for any commission or fees payable to that Agent, which will be deducted from any refund due.
6.2.1 We may terminate this Agreement in any of the following circumstances:
6.2.1.1 if you have failed to pay the whole or any part of the Licence Fee in accordance with the payment terms set out in Schedule 1 (whether formally demanded or not) and the Licence Fee (or any part of it) has been outstanding for 21 days or more; or
6.2.1.2 where you have committed a serious breach or have persistently breached the conditions of this Agreement and, having followed the procedure set out at clause 5.2 above, we have decided to terminate the Agreement as a serious breach of this Agreement and if you, or one of your visitors, breaches any of these clauses we may terminate this Agreement.
6.3.1 We may also terminate this Agreement by giving you not less than 4 weeks written notice if:
6.3.1.1 we are unable to find you similar alternative accommodation (despite our reasonable efforts) and are unable to either provide the Accommodation as a result of events beyond our control or your Accommodation has been severely damaged and, acting reasonably, we deem it unfit for occupation;
6.3.1.2 we reasonably consider, because of your behaviour or for any other reason (e.g. an infestation by insects, an outbreak of an infectious disease) that, to protect your well-being or the well-being of others or to prevent damage to the Accommodation, it is necessary to move you from the Accommodation; or
6.3.1.3 any information supplied by you, or on your behalf, in connection with your application to us for a place in the Accommodation is untrue, inaccurate, or misleading, or if you fail to disclose relevant information which would amount to a misrepresentation, and we consider (acting reasonably) that the relevant information makes you unsuitable to live in the Accommodation.
6.4.1 If we terminate the Agreement in the circumstances set out in clauses 6.2 or 6.3, this will not affect our rights to claim against you for any loss or damage caused by any breach of the Agreement by you, or your Visitors.
6.4.2 If the Agreement is terminated and you do not move out of the Accommodation by the termination date, we may take legal action in order to obtain a court order requiring you to move out.
7.1.1 If you have any problems with services or facilities within the Accommodation and/or the Hall you should, in the first instance, discuss these with the team who manage your accommodation at the earliest opportunity.
7.1.2 If you are not happy with the outcome, and wish to raise a complaint to our Head Office Office Manager by filling the complaint form on our website, please ensure you complaint is raised within 60 days of the occurrence.
7.1.3 For the avoidance of doubt, if we have decided, in accordance with the provisions of this Agreement, to terminate this Agreement and you have not left the Accommodation as you were required to do, we will still be entitled to take legal action against you to recover possession of the Accommodation notwithstanding that you may have complained about our decision to terminate the Agreement.
8.1.1 Personal data use
8.1.2 All personal data that we may use will be collected, processed, and held in accordance with provisions of the Data Protection Legislation and the Occupier(s) rights thereunder. Personal data are processed under Article 6(1)(b) UK GDPR for the performance of this contract.
8.1.3 If you have any questions, comments or requests regarding the processing of your personal data please contact us in the first instance at [email protected]
Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property.
8.3.1 This Agreement is governed by the law of England and Wales.
8.3.2 If any aspect of this Agreement is held to be illegal, invalid or unenforceable, the remainder of this Agreement will be unaffected.
The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement. This means that no one can enforce any rights or obligations under the Agreement other than you and us. However, this does not affect any right or remedy of a third party which exists or is available apart from that Act.
At the date of this Agreement the Licence Fee is exempt from VAT but we reserve the right to charge VAT if it becomes payable during the Period of Residence, for example, if there is a change in the law.
If for any reason you become or cause us to become liable for council tax for the Accommodation (for example, because you are in full time employment or claim social security benefits) then you will pay such council tax (or reimburse us for any sums we pay within 14 days of written demand).
1.1 Paying Licence Fee by using a UK bank account
Account Name: Harington Student Ltd Bank Address: CLYDESDALE BANK PLC, 35 Regent St, SW1Y 4ND, London, England Account Number: 60045468 Sort Code: 82-60-13
1.2 You can pay Licence Fee by using an international bank account
Account Name: Harington Student Ltd Bank Address: CLYDESDALE BANK PLC, 35 Regent St, SW1Y 4ND, London, England IBAN: GB88CLYD82601360045468 Swift/BIC No: CLYDGB21028
1.3 If you elect to pay by other methods like Flywire or EasyTransfer you must contact Head Office Account Services at [email protected] to inform them which methods you wish to use.
2.1 If you have a Sponsor, you will be responsible for providing them with all the information they require to enable them to make payments on your behalf in accordance with the same timescales as would apply if you were making all payments yourself.
2.2 If you are paying part of the Licence Fee yourself, you will need to pay those fees as set out above.
2.3 If your Sponsor fails to pay in accordance with these terms you will remain liable for the full payment.
2.4 We will contact you if we have problems recovering money from your Sponsor.
Words used in this Agreement and in these Terms and Conditions of Residence have the following meanings:
Accept Means to formally accept the offer of the Accommodation online and "Accepted" and "Accepting" are to be interpreted accordingly.
Accommodation Means the Room (which in the case of a sole or dual occupancy or a shared flat, includes all shared areas in that flat) or any alternative accommodation to which you have moved under this Agreement.
Agreement Means the contract between us and you relating to the Accommodation and comprising: these Ts & Cs; the Agreement Summary; and the Regulations (which will take precedence in the event of any contradiction between them and the Ts & Cs and/or the Agreement Summary).
Agreement Summary Means the page of the online process headed "Agreement Summary" which contains the specific details of the Accommodation being offered to you, the Period of Residence and the Licence Fee.
Communal Areas Means all stairwells, corridors, landings and entrance halls within the Hall, any shared kitchens and/or bathrooms in the Hall or other areas that we designate as common areas but not any shared kitchens and/or bathrooms in the Accommodation.
Hall Means the specific hall named in the Agreement Summary together with any external areas of the hall which are owned by us (eg car parks, roads or gardens which adjoin the hall).
Inventory Means the list of furniture and equipment at the Accommodation which we will give to you when you arrive.
Licence Fee Means the charges for your occupation of the accommodation as stated in the Agreement Summary.
Licensor If your Hall is Kingfisher Hall, Forest Court, Forest Rise, Radmoor House, Carlton Building, Renaissance House and Salisbury Road then your Licensor is Harington Student Limited. If your Hall is Regent Road and The Student Block then your Licensor is Twitten Student Limited.
Period of Residence Means the period starting and ending on the dates specified in the Agreement Summary (unless the Agreement ends earlier in accordance with the terms of this Agreement).
Accommodation Management Means the relevant Accommodation Management for the Accommodation that you reside within. Details for contact your Accommodation Management will be in your welcome pack.
Room Means the room at the Hall specified on the Agreement Summary.
Visitors Means any guest invited by you, whether that invitation is express or implied (eg where the guest assumes from what you have said or done that they have been invited) or any person visiting you at the Accommodation.
Guarantor Means the person who agrees to guarantee the obligations of the Occupier under this Agreement, including (but not limited to) payment of the Licence Fee, the cost of any damage, loss or outstanding charges, and compliance with all other terms of the Agreement.
The Guarantor’s liability continues for the full Period of Residence, or until all sums due under the Agreement have been paid in full, whichever is later. This liability is not affected by any time or other indulgence granted by the Licensor to the Occupier, or by any variation or extension of this Agreement.
In these terms and conditions "you" means the person signing this Agreement and "we" means the "Licensor" as set out in the the expressions "your" "our" and "us" should be read accordingly.
This Licence Agreement is entered into between Harington Student Ltd (the Licensor) and the Occupier, for the use and occupation of the accommodation described below, under the terms and conditions set out in this Agreement.
By signing below, the Occupier confirms that they:
I, the undersigned Occupier, confirm that I have read, understood, and accepted the terms and conditions of this Licence Agreement. I understand that this Agreement grants me permission to occupy the Accommodation only for the duration specified above, subject to compliance with all obligations set out in the Agreement.
Signed for and on behalf of Student Beehive (Licensor):
In consideration of Harington Student Ltd (the Licensor) granting a Licence to Occupy to the above-named Occupier, I, the undersigned Guarantor, agree to guarantee the punctual payment of all Occupation Tariffs and any other sums properly due under this Agreement, and to cover any loss, damage, or costs arising from the Occupier’s breach of obligations.
I acknowledge that my liability shall continue for the entire duration of the Occupier’s Period of Residence or until the Occupier’s obligations under this Agreement have been fulfilled in full. This guarantee shall remain binding even if the Licensor grants time or other indulgence to the Occupier.
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