Termination of THE OCCUPIER’S CONTRACT#

Termination by the College

6.1     Unless the Occupier has made arrangements with the College for late arrival the College will be entitled (but not obliged) to terminate the Occupier’s contract for Accommodation if the Occupier has not taken up residence within 7 days of the start of the Contract Period. The Occupier will be liable to pay the Accommodation Fees for the first 28 days of the Contract Period or, if later, up to and including the date the College terminates the contract.

6.2     Subject to clause 5.7.2, the College may terminate the Occupier’s contract for the Accommodation at any time by serving notice on the Occupier if:

(a) Any payment is overdue by 21 days or more; or

(b) The Occupier is in serious or persistent breach of any of the Occupier’s obligations; or

(c)The Occupier’s study status changes such that they are no longer eligible to occupy College accommodation; or

(d)In the reasonable opinion of the College the health or behaviour of the Occupier constitutes a serious risk or nuisance to themselves or others or the College’s or other people’s property.

Termination by the Occupier

6.3     To cancel under this clause, the Occupier must give the College 28 days’ Written notice.

6.3.1     Provided the College receives the notice at least 28 days before the first day of the Contract Period, the College will accept the cancellation and refund the Deposit and any advance payment of Accommodation Fees.

6.3.2     If the College receives the notice less than 28 days before the first day of the Contract Period, the College will accept the cancellation but will retain a proportion of the advance payment of Accommodation Fees (keeping the equivalent of 1 day’s Accommodation Fee for each day that the notice falls short of the required 28 days). The balance of the advance payment of Accommodation Fees and the Deposit will be returned to the Occupier.

6.4    The Occupier may ask the College to cancel their contract after the start of the Contract Period, but any such cancellation must be strictly in accordance with clause 6.5.

6.5    The Occupier may apply to the College in Writing for permission to terminate the contract for the Accommodation before the end of the Contract Period. As a condition of agreeing to end the contract early the College will normally insist on the Occupier paying Accommodation Fees in full for the “cancellation period”, which is:

(a)      the first 3 months of the Contract Period; or

(b)      if later, the end of the period of 28 days from and including the Occupier’s Written request for early termination;

This is to take account of when the College is likely to be able to find a replacement occupier. As the College is a charity and has a duty to safeguard its assets (including income from accommodation) the College will only agree to forego the replacement occupier condition in exceptional circumstances. The College may impose additional reasonable conditions before agreeing to early termination of the contract. For example, the College may require the Occupier to pay for damage the Occupier has caused before agreeing to end the contract early.

6.6     The Occupier has the right to end the tenancy, or the College has the right to terminate the tenancy, with 4 weeks’ notice in writing, if the Occupier has withdrawn from or been excluded from or refused admission to their institution of study or if the Occupier has been absent from their course for more than 60 days due to illness and has agreed with their higher education (HE) provider to suspend their studies.

6.7    If the Occupier’s contract for the Accommodation is terminated early the College will only refund any money to the Occupier if there is a surplus after the College has taken payment for any cancellation charge and any compensation for damage, cleaning or other breaches of the Occupier’s obligations.

(a)    The College’s acceptance of the keys at any time shall not in itself be effective to terminate the Occupier’s contract for the Accommodation while any part of the Contract Period remains unexpired.

6.9

We will hold the Deposit (bond) to protect against the risk of you causing damage to the Accommodation. As soon as possible after you vacate the Accommodation, we will conduct a check of the Accommodation and will deal with the Deposit as follows:

6.9.1.    provided that the Accommodation has been left in the condition it was in when you moved in, the Deposit will be returned to you as soon as reasonably practicable;

6.9.2.    if damage has been caused to the accommodation or if the accommodation is left in a condition which means an inordinate deep cleaning is required, we will use the Deposit to cover the cost of repairing any damage to the Accommodation or deep cleaning the Accommodation and any remaining Deposit (if any) will be returned to you as soon as reasonably practicable after such costs have been deducted. If the costs of restoring the accommodation to the condition of when you moved in is more than the deposit, we will withhold the deposit and charge you the extra amount;

6.9.3.    One month before you are scheduled to leave the Accommodation, we will inform you of how to claim your deposit after departure. We will continue to remind you on at least a further three occasions. If you do not respond within six months of departure, we will transfer your deposit to the College’s hardship fund to be used by future College Members in financial need. You can still claim the Deposit even once the funds have been transferred.

Relocations

6.10    The College reserves the right to relocate the Occupier to comparable alternative accommodation during the Contract Period where it is reasonable to do so. Unless the reason for relocation is because the Occupier is in breach of one or more of their obligations, the Occupier will have the right to terminate their contract for the Accommodation (without having to comply with the condition in clause 6.5) as an alternative to relocating.

6.11    Where the College relocates the Occupier because the Occupier is in breach of one or more of their obligations, or where the relocation is made at the Occupier’s request, the Occupier shall pay the College a reasonable administration fee (which shall not be more than the College’s reasonable expenses in respect of the relocation or, if higher, £50). There is no automatic right to relocation at the Occupiers request. Relocation is at the discretion of the College.