Terms and Conditions of Residence (“The Ts & Cs”)

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INTRODUCTION

Terms of this Agreement

The terms are contained within:

1. these Ts & Cs;

2. the Agreement Summary; and

3. the Regulations; and

Together, these documents set out our respective rights and responsibilities. Please note that further

information regarding the procedures set out in the Ts & Cs can be found on our website

www.accommodation.manchester.ac.uk

Accepting this Agreement

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 to use the Communal Areas.

Important Note: if you have elected to pay by way of "Instalments" (as detailed in Schedule 1) rather

than by a "Single Payment" you must pay the Advanced Licence Fee Payment to Accept this Agreement.

The relevant payment must be paid otherwise the Agreement will not actually be completed and the

contract between us will not be formed.

If you move into the Accommodation without first Accepting this Agreement you will be deemed as

having Accepted by your action of moving into the Accommodation and the payments set out above will

be due immediately.

If you are under 18 when you Accept the Agreement, we will hold the licence on trust for you until you

reach 18. During that time, you will enjoy all the rights set out in this Agreement and be subject to all the

obligations contained in it. When you reach 18, you will be entitled to terminate the Agreement in

accordance with Clause 6.4.3 below. If you choose not to do so, the Agreement will be legally binding on

you.

Period of Residence

Unless it specifies otherwise in the Agreement Summary the Period of Residence is for the academic

terms and the Christmas and Easter vacation periods but does not include the Summer vacation period.

Accordingly, you must vacate the Accommodation and remove all your personal possessions from it by

10:00am on the last day of the Period of Residence.

Our responsibilities

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.

Your responsibilities

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 legal action against you which may result in you having to leave

your Accommodation.

Variations to this

Agreement

Except for any changes as a result of government legislation, this Agreement cannot be changed without

prior written agreement between you and us.

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Enquiries

If there is anything you do not understand or if you have any other queries relating to this Agreement

please contact the Accommodation Office. If you require advice on your rights or responsibilities under

this Agreement, please seek advice from a Citizens' Advice Bureau, Law Centre or solicitor.

Nature of Agreement

This Agreement is a licence and not a tenancy. This means that you have a personal right to occupy the

Room during the Period of Residence but do not have exclusive possession of the Room. This means that

we have the right to:

1. enter your Room at any time and for any reason (which is similar to staying in a hotel) (please see

Clause 3.2);

2. require you to move to an alternative room (again this is similar to staying in a hotel) (please see

Clause 3.4); and

3. where the Agreement Summary states that the room type is "shared", require you to share the

Room with another person (please see Clauses 2.4 and 4.1).

Where we exercise these rights we will do so in accordance with these Ts & Cs.

Glossary

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.

OUR RESPONSIBILITIES

1.1

Services &

Facilities

1.1.1

1.1.2

1.1.3

1.1.4

1.1.5

1.1.6

During the Period of Residence we will use reasonable endeavours :

to maintain the structure of the Hall and keep the Hall and Communal Areas (including the

lighting, heating and firefighting equipment within them) in reasonable repair and fit for use by

you and other occupiers;

to 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;

to provide an adequate supply of hot water for normal domestic use;

to provide facilities for the washing and drying of clothes in the Hall for which there will be a

separate charge at the point of use;

to provide internet access within the Accommodation. In some Halls there is the ability for you

to upgrade this provision via an external provider (in order to do this you will need to enter into

a contract and pay them directly for such services);

if your Accommodation is within Ashburne Hall, Dalton Ellis Hall, Hulme Hall, St Anselm Hall or

Woolton Hall to provide catering facilities as set out at Types of accommodation (The

University of Manchester) . Catering services are provided in accordance with University

semester dates and are typically offered for 34 weeks duration during our standard 41-week

licence agreement period.

We will not be liable for any failure or interruption to any of the services or facilities set out in

clause 1.1 above, or the closure of any of the Communal Areas (or any loss arising from any

closure, failure or interruption), if the closure failure or interruption is due to reasons outside

our control (e.g. mechanical breakdown, shortages of fuel/material, labour disputes, student

action or necessary maintenance, repair, or replacement or the result of a pandemic, for

example Covid-19, or any other infectious disease, epidemic or government controls,

legislation or regulations imposed on use or guidance that we are required to follow)

1.2

Insurance

1.2.1

During the Period of Residence we will insure the Hall against fire and other risks which we

reasonably consider necessary.

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1.2.2

During the Period of Residence we will insure your personal belongings up to a limit of £10,000

(ten thousand pounds) but you will be responsible for administering any claims that arise. Full

details of the insurance policy are available at https://www.endsleigh.co.uk/student/confirm-

your-student-cover/ . If you are unable to access this link, please contact the Accommodation

Office before Accepting this Agreement and we will send to you a copy of the policy so that you

can read it before accepting this Agreement.

Please note that any claim you make will be subject to the normal excesses, limitations and

exclusions from cover which our insurer may impose from time to time. If you require

insurance for any personal belongings over and above the normal excesses, limitations and

exclusions you are responsible for taking out insurance cover yourself and at your own cost.

YOUR RESPONSIBILITIES

2.1

Licence Fee

2.1.1

2.1.2

2.1.3

You must pay the Licence Fee during the Period of Residence on the dates and in accordance

with the payment terms as agreed with the Accommodation Office.

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 move into Accommodation.

If someone other than you pay all or part of the Licence Fee to us directly (e.g. a Sponsor or

parent) this will not reduce or affect your responsibilities under the Agreement or result in any

kind of rights or benefit to that other party.

2.2

Advanced Licence

Fee Payment

2.2.1

2.2.2

Unless the Agreement Summary specifies that you are paying the Licence Fee in a “single

payment” you must have paid the Advanced Licence Fee Payment to

Accept this Agreement and form the contract with us.

The Advance Licence Fee Payment will be allocated against your first Licence Fee payment.

2.3

Inventory

2.3

You agree to complete the Inventory and record any discrepancies on the Building

Maintenance System or system as outlined in your arrival information as soon as possible and

in any event within 48 hours of taking occupation of the Accommodation. Paper inventories

need to be returned to your Hall administration office. If you do not do so, we shall assume

that the Inventory is correct. An inventory is provided on arrival either in your bedroom in

paper format or electronically (including via an App).

2.4

Using the

Accommodation

2.4.1

2.4.2

2.4.3

2.4.4

2.4.5

2.4.6

You (and if applicable your Family Members) are the only people authorised to occupy the

Accommodation.

You (and if applicable your Family Members) must not use the Accommodation for any other

purpose than as living accommodation (e.g. you must not run a business from the

Accommodation).

You agree not to transfer the Agreement (or your rights under this Agreement) to anyone else

or (except where permitted by Clauses 2.5 (Visitors) or 2.6 (Moving Rooms) allow anyone else

(other than any Family Members that are specified in the Agreement Summary) to live in or use

the Accommodation.

You must allow our staff and / or contractors to enter the Accommodation in accordance with

Clause 3.2 below.

If you have accepted a shared room, you and your roommate, allocated by the Accommodation

Office, are the only people authorised to occupy the Accommodation.

If you occupy a shared room and your roommate leaves, we will not increase your rent.

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2.4.7

If during your occupancy of a shared room your roommate terminates the Agreement we

reserve the right to allocate a new student occupant to the room, we do not have to consult

with you about the person we allocate.

2.5

Visitors

2.5.1

2.5.2

2.5.3

You are responsible for the behaviour of any person authorised to occupy under Clause 2.4 and

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.

You agree that we may remove or exclude your Visitors and any person authorised to occupy

under Clause 2.4 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.

You agree not to allow anyone other than the occasional adult visitor (18 years and older) to

stay overnight and Visitors are only permitted provided that –

a) this doesn’t annoy other occupants of the Hall or disrupt study; and

b) Visitors are only permitted to stay overnight for a maximum of two consecutive

nights in a 7-day period; and

c) We reserve the right to withdraw this privilege on 48 hours’ notice if, in our

reasonable opinion, it is necessary to do so for the safety and well-being of other

occupants of the Hall and / or to safeguard our property.

2.6

Moving Rooms

2.6.1

2.6.2

You agree not to move to another room within the Hall or to any other accommodation

provided by us without first submitting a request to transfer form to the Accommodation

Office and that request being approved. (Room Transfer Request Form )

If you are permitted to move, all the terms and conditions of this Agreement will be transferred

to the new Accommodation.

2.7

Risk assessments

2.7

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.

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2.8

Respect for

others

2.8.1

2.8.2

2.8.3

2.8.4

2.8.5

2.8.6

2.8.7

2.8.8

2.8.9

2.8.10

2.8.11

2.8.12

2.8.13

You agree –

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; and

to keep noise at a level that does not interfere with the study, sleep or comfort of others living

and / or working in the hall and in particular not to make or allow any loud noise (including

televisions, use of speakers, playing music or musical instruments) between 23:00 hours and

08:00 hours; and

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; and

not to bring into either the Accommodation or the Hall any weapons, illegal items which we

consider to be offensive or dangerous (e.g. replica, ceremonial or toy weapons, knives, martial

arts weapons or air-weapons) or to allow the Accommodation to be used for any criminal,

immoral or illegal purpose including (but not limited to) selling, supplying or using illegal

substances, storing or handling stolen goods or prostitution; and

not to commit any arrestable offence or criminal act which we consider (acting reasonably)

makes you unsuitable to live in the accommodation; and

not to allow persistent use of Hall facilities by non-residents; and

not to smoke in the Accommodation or the Hall, this includes the use of e-cigarettes/vapes;

and

not to place any items on or throw anything from the balconies or windows of the

Accommodation or the Hall; and

to comply with the car, motorcycle and bicycle parking rules issued by us and which can be

reviewed here. If you are unable to access this web link please contact the Accommodation

Office before Accepting this Agreement and we will send you a copy of the policy so that you

can read it before Accepting this Agreement; and

not to hold parties at the Accommodation or in any other part of the Hall without the prior

written consent of the Residential Life Manager; and

to show photo I.D in the form of a student I.D card, driving licence, passport or any other

appropriate photographic I.D when requested to do so by any of our staff (including campus

support and security personnel, or the Police); and

to comply with your obligations under Regulation XVII (Conduct and Discipline of Students) of

the Regulations; and

not to flypost in any areas of the Hall or Accommodation, this includes posters, flyers, stickers

or similar items.

2.9

Repairs,

Maintenance, and

alterations

2.9.1

2.9.2

You agree –

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; and

not to make any alterations to or damage the Accommodation or Hall (including, but not

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2.9.3

2.9.4

limited to fitting or installing any satellite dish, television or radio aerial, changing the locks on

the doors and/or windows, decorating, attaching LED strip lights or similar to walls / ceilings or

damage caused by neglect or misuse) or remove, alter or damage any furniture, equipment or

curtains/blinds provided by us (including, but not limited to, making holes in the furniture to

accommodate the wiring of your electrical appliances); and

save for bedding, not to bring any soft furnishings or other furniture (including, but not limited

to, inflatable furniture and bean bags) into the Accommodation and/or the Hall except where

the Accommodation Office has given prior written consent (acting reasonably). All such

furniture must comply with relevant fire safety legislation (for example Furnishings and Fire

Regulations 1988 rev. 2010 Crib 5) and you will be required to remove (at your own expense)

any items that you have brought into the Accommodation without our permission and/or

which does not comply with legislation. You are required to confirm in writing that items

belong to you and if you do not confirm this then they will be removed immediately by us. You

must not dispose of such items in any of the University waste areas or skips; and

not to leave any personal belongings or other obstacles in the Communal Areas or make these

areas dirty or untidy or unsafe. If you do and we have to remove items or arrange for additional

cleaning, we may charge you for the reasonable cost of doing so.

2.10

Safety and

security

2.10.1

2.10.2

You agree-

Electrical Appliances

a) only to use cooking and/or other electrical kitchen equipment in any shared kitchen

and not to use any other cooking appliances in any other area of the Accommodation

or Hall; and

b) not to tamper with or alter any electrical appliances/ items supplied by us; and

c) to be responsible (as an ongoing responsibility) for ensuring that your own electrical

equipment meets current Health and Safety standards before bringing the item into

the Accommodation or the Hall and to ensure that each of your own electrical

appliances is fitted with the correct fuse, only one appliance is wired to one plug and

that you do not overload the electric power points; and

d) we reserve the right to remove and test any of your electrical items if we suspect

they may be faulty or unsafe and, if any items are faulty or unsafe you must

permanently remove such items from the Halls (including the Accommodation); and

e) not to bring any halogen lamps/lights/cookers or heating appliances into the Halls

(including the Accommodation).

f) Not to bring in any kitchen equipment into bedrooms, including but not limited to

microwaves, kettles, fridges (medical fridges will be supplied subject to confirmation

from DASS of their requirement, freezers

Fire Safety

You agree to adhere to all fire regulations and to promptly respond to all fire alarms and

evacuate the Accommodation and Hall in accordance with the evacuation procedures (which

are displayed in the Accommodation and on notice boards in the Hall) and

(a) where we give you prior reasonable written notice that a fire safety meeting

(which may be attended by a representative from the emergency services) has

been arranged by the Residential Life Manager and your attendance at that

meeting is compulsory, attend that meeting; and

(b) not to obstruct Communal Areas or fire escape routes nor prop open, or

otherwise tamper with, the fire doors (as they are designed to reduce the

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2.10.3

2.10.4

spread of fire) and not to abuse, interfere or otherwise tamper with any of our

fire prevention and detection equipment including for example activating the

fire alarms, discharging fire extinguishers or covering smoke / heat detectors

where it is not necessary or appropriate to do so; and

using or storing in the Accommodation or Hall any flammable or dangerous

materials (e.g. inflatable items or furniture, candles, incense sticks/burners or

other naked flame, fireworks, petrol, paraffin, bottled gas, oil, portable

heaters, deep fat fryers, sun-beds, smoke machines, wax melts and hookah /

shisha pipes) or leaving any cooking unattended.

(d) Not to charge electric bikes, scooters or similar vehicles within the Hall or

Accommodation except where prior written agreement has been obtained

from the Accommodation Office and University Fire Safety Officer and a full

risk assessment undertaken, and confirmation of the requirement for the

vehicle (for example if you require a mobility scooter) has been obtained from

DASS.

Security

You must ensure that your Accommodation and the Hall are left secure at all times. This

includes (but is not limited to):

(a) keeping your key or swipe card with you at all times. Persistent failure to carry

your key or swipe card requiring you to be let in by our staff and/or our

contractors may result in a charge being made to you; and

(b) never marking your key or swipe card with your address, or copying them or

giving them to anyone else; and

entrance doors in the Hall when entering or leaving and ensuring that all

windows in the Accommodation are closed before you go out; and

(d) not letting anyone you do not know into the Hall and accompanying your

Visitors at all times; and

(e) not tampering with / removing window restrictors in the Hall or

Accommodation.

Health and Safety

You agree to adhere to all health and safety regulations and procedures (which are displayed

in the Accommodation and on notice boards in the Hall) for example those relating to the

Corona Virus Act 2020, Public Health (Control of Disease) Act 1984 and The Health Protection

(Coronavirus)(Steps)(England) Regulations 2021, and:

(a) comply with any rules and any guidance which may be required in the event of an

outbreak of infectious disease, for example Coronavirus; and

(b) keep your Accommodation clean to reduce the spread of infectious disease; and

example hand sanitisers located in the Accommodation and Hall or tamper with

or destroy notices displaying health and safety information; and

(d) where we give you prior reasonable written notice that a health and safety

meeting has been arranged by the Residential Life Manager and your attendance

at that meeting is compulsory.

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2.11

Pets / Animals

2.11.1

2.11.2

You must not keep any animal, bird, reptile, insect or fish at the Accommodation or in the Hall.

If you wish to bring an assistance animal you must have first undertaken the agreed process to

do so and agree to the code of conduct for assistance animals in the Accommodation. If you

have not followed this process we will ask you to remove your assistance animal.

2.12

At the end of the

Agreement

2.12.1

2.12.2

2.12.3

2.12.4

At the end of the Period of Residence (or earlier termination of this Agreement) you agree:

to vacate the Accommodation by 10:00am on either the last day of the Period of Residence or

(if earlier) the last day of this Agreement;

to return all keys and swipe cards to the Hall Administration Office. If keys or swipe cards are

not returned we will have to either fit new locks or replace the key or swipe card and we will

charge you for the reasonable cost of this;

to leave the Accommodation in a clean and tidy condition and to leave it and all items listed in

the Inventory in the same condition as at the start of the Period of Residence, fair wear and

tear excepted. If you leave any rubbish in the Accommodation, you agree that we can dispose

of this. If you leave any personal belongings in the Accommodation, we will notify you of this

and give you a reasonable period of time to collect them. If you do not collect your belongings

within that reasonable period, you agree that we can dispose of those belongings.

We will not be responsible for any damage to belongings or missing items which you leave

behind in the Accommodation or Communal Areas when you vacate the Accommodation, or

where you use third parties to collect your belongings on your behalf from your

Accommodation.

OUR RIGHTS

3.1

Alterations and

building works

3.1

We have the right to carry out any alterations or building works at the Accommodation, the

Hall and/or on our adjoining or neighbouring property without liability for disturbance

provided that, as far as practicable, we have used reasonable endeavours to minimise any

disturbance.

3.2

Access and

inspection

3.2.1

3.2.2

We together with anyone authorised by us have the right to enter the Accommodation at all

times, for any reason and without having to give you prior notice. We would normally however,

only enter the Accommodation at reasonable times and upon giving reasonable prior notice

(except in case of emergency where we may enter at any time and without prior notice) and

entry will normally be for one of more of the following reasons (a) in an emergency, (b) in order

to clean, inspect or repair the Accommodation, or any other part of the Halls to comply with

our responsibilities under this Agreement and/or (c) for any other reasonable purpose.

Where we do wish to enter the Accommodation, we will usually give you prior notice of this

unless it is an emergency. If we do not give you prior notice, we will knock on the door first to

see if you are present. If you are not present then, irrespective of whether or not this relates to

a pre-arranged visit, we will let ourselves into the Accommodation using our duplicate

key/swipe card.

3.3

Removal of items

from the

Accommodation

3.3

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 (in the latter case we would

usually give you prior warning). If we remove an item, we will notify you of this and confirm

who you need to contact to recover the item. You will not be able, however, to take the item

back into the Accommodation or Hall. Any illegal substance removed from the

Accommodation or Hall will either be destroyed or passed to Greater Manchester Police.

3.4

Our right to

require you to

relocate

3.4.1

We reserve the right to move you to similar alternative accommodation in any circumstances

including the following:-

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3.4.2

3.4.3

3.4.4

(a) 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, or where the

Accommodation, Hall or Room is not fully occupied during the Semester or the

Summer vacation, or where an emergency situation requires immediate

evacuation or for any other reasonable circumstance);

(b) 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;

Greater Manchester or any other police force.

If we request you to relocate:-

(a) we will (other than in emergency situations) give you written notice of this,

provide details of the alternative accommodation and notify you of the date on

which you are to relocate. We will give you reasonable notice of this date,

considering the circumstances. This may mean that, in certain circumstances,

the notice period may be as little as 24 hours.

(b) In emergency situations we may give you notice of or request to relocate by

several different means that we deem to be reasonable in the circumstances,

this may include communication in person, by email, general notices or use of

social media. We will endeavour to give you reasonable notice considering all

the circumstances.

pocket expenses (e.g. travel costs) directly incurred by you in order to move

into the alternative accommodation.

If we request that you relocate on a permanent basis and the similar alternative

accommodation is not satisfactory to you (acting reasonably), you may terminate this

Agreement. If you wish to do so, you must give the Accommodation Office written notice of

this no later than 7 days after the date of the written notice that we have given to you under

Clause 3.4.2(a).The Agreement will then end on a date 7 days after your notice to terminate

was given to the Accommodation Office, or such other date as you may agree with the

Accommodation Office (acting reasonably). We will refund any Licence Fee you have paid in

respect of the period after the termination date.

If you do not move out of the original Accommodation following a request by us to do so, we

can take legal action to force you to move out.

YOUR RIGHTS

4.1

Occupation

4.1.1

4.1.2

4.1.3

We grant you the following rights which you must exercise in accordance with your

responsibilities under this Agreement:-

a licence to occupy the Room; and

(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

the non-exclusive right (in common with us and all others that we authorise to do so) to use

the Communal Areas.

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IF YOU BREACH THIS AGREEMENT

5.1

Payment for loss

or damage

5.1.1

You must pay for all reasonable loss and damage we suffer because of any breach of this

Agreement by you and any person authorised to occupy under clause 2.4 or your Visitors. This

includes (but is not limited to), any costs properly and reasonably incurred by us in, issuing

replacement lost or stolen keys/cards, repairing or replacing our fixtures, fittings, furniture or

equipment, and any income we lose arising from your failure to move out of the

Accommodation in accordance with the terms of this Agreement.

5.2

The procedure we

will follow if you

have breached

this agreement

5.2.1

5.2.2

5.2.3

If you, any person authorised to occupy under Clause 2.4 or your Visitors breach any

of the terms of this Agreement then action may be taken against you under the procedure set

out below:

On us identifying or becoming aware of any breach by you of the terms of this Agreement, the

Residential Life Team will decide whether to:

(a) take no action;

(b) discuss this with you informally;

action in accordance with Clauses 5.2.2.

Except in the circumstances set out in Clause 5.2.3, where we decide to take further action in

relation to any breach:

(a) the Residential Life Team will investigate the alleged breach and write to you

drawing the alleged breach to your attention;

(b) in that letter, you will be invited to meet with the Halls Disciplinary Team in order

to discuss with you the circumstances of the alleged breach and in the case of

persistent/criminal offences, the Halls Disciplinary Team may refer the matter to

the Residences Senior Management Team and / or the police;

the meeting), or if without good reason you fail to attend the meeting, the Halls

Disciplinary Team will decide (acting reasonably) whether you have committed

the alleged breach and, if so, whether to:

(i) take no further action; or

(ii) give you a verbal warning; or

(iii) give you a written warning; or

(iv) give you a final written warning (which will be issued if you have already

received a written warning or if the breach is serious); or

(v) require you to complete an educational module course; or

(vi) terminate this Agreement (this decision will only be taken if, in the opinion

of the Head of Accommodation Administration (acting reasonably), the

breach is sufficiently serious as set out in clause 6.5.2, or you have

persistently breached the Agreement); and/or

(vii) refer the matter to the Residences Senior Management Team to be dealt

with under the Regulations. This may result in a decision being made that

we will terminate this Agreement; and/or

(viii) require you to pay for any loss or damage arising from the breach.

(d) the Halls Disciplinary Team will write to you, normally within 5 working days of

the meeting, notifying you of the decision made;

(e) if you are unhappy with the decision made, you can appeal the decision in

accordance with the relevant procedure set out in Clause 8.

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 Office.

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TERMINATION OF THIS AGREEMENT

6.1

Your right to

terminate before

you take

occupation

6.1.1

6.1.2

You may terminate this Agreement if you :-

(a) have not yet taken up occupation of the Accommodation; and

(b) notify the Accommodation Office in writing of your wish to terminate this

Agreement.

If you terminate this Agreement under this Clause we will refund the Advanced Licence Fee

Payment and any Licence Fee that you have already paid.

6.2

Our right to

terminate before

you take

occupation

6.2.1

6.2.2

6.2.3

If you :-

owe us any money in connection with any previous accommodation that you occupied, we

may terminate this Agreement up to 4 weeks before the start of the Period of Residence by

giving you not less than 4 weeks written notice and if we do terminate this Agreement under

this clause we will refund any Advanced Licence Fee Payment and/or Licence Fee that you

have paid.

have not taken up occupation of the Accommodation by 5pm on the fourth day following the

start date of the Period of Residence and have not given the Accommodation Office prior

written notice of your late arrival we may immediately terminate this Agreement and we will

refund the Advanced Licence Fee and any Licence Fee that you have paid.

are not able to take up occupation of the Accommodation on the start date of the Period of

Residence and have provided the Accommodation Office with prior written notice of your

proposed date of arrival but have not taken occupation of the Accommodation by 5pm on your

proposed arrival date we may terminate this Agreement immediately by giving you written

notice and we will refund the Advanced Licence Fee and any Licence Fee that you have paid.

6.3

Your other rights

to terminate

6.3.1

6.3.2

6.3.3

You may terminate this Agreement if you :-

Contact the Accommodation Office to request the right to terminate providing not less than

four weeks written notice of you intention to terminate and specifying the End Date and you

satisfy both of the following conditions

(a) either

(i) you have found a suitable replacement occupier approved by us (at our absolute

discretion); or

(ii) we find a suitable replacement

who is not already in accommodation provided by us and who enters into an agreement with

us to occupy the Accommodation immediately after you have left ; and

(b) you have paid in full on or before the End Date all the Licence Fee due under this

Agreement up to and including the End Date

withdraw from your course of study and you satisfy the following conditions:

(a) you give the Accommodation Office not less than four weeks written notice of your

intention to terminate this Agreement and, in the notice, you specify the End Date;

and

(b) you have paid in full on or before the End Date all the Licence Fee due under this

Agreement up to and including the End Date.

are unable to occupy the accommodation or we are unable to provide the Accommodation

because of events beyond yours or our control such as an outbreak of a pandemic or epidemic

or the application of government controls; and

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6.3.4

(a) you provide four weeks written notice of your intention to terminate this Agreement

and, in the notice you specify the End Date; and

(b) you remove all your belongings from the Accommodation and return your key /

access card.

if you terminate this agreement under this Clause 6.4 and you move out of the Accommodation

by the End Date, we will refund any Licence Fee that you have paid in respect of the period

after the End Date.

6.4

Our right to

terminate if you

have breached

the Ts & Cs

6.4.1

6.4.2

6.4.3

We may terminate this Agreement in any of the following circumstances :

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 14 days or more ; or

where you have committed a serious breach or have persistently breached the conditions of

this Agreement and, having followed the procedure set out as Clause 5.2 above, we have

decided to terminate the Agreement (for the avoidance of doubt we consider any breach of

your obligations in Clauses 2.7, 2.8.3, 2.8.4, 2.8.5, 2.8.7, 2.8.8, 2.10 as a serious breach of this

Agreement and if you, someone living with you or one of your Visitors breaches any of these

Clauses we may terminate this Agreement)

if you are made bankrupt

6.5

Our right to

terminate for

other reasons

6.5.1

6.5.2

6.5.3

6.5.4

We may also terminate this Agreement by giving you not less than 4 weeks written notice if:-

We are unable to find you similar alternative accommodation (despite our reasonable efforts)

and are unable to either provide the Accommodation because of events beyond our control or

your Accommodation has been severely damaged and, acting reasonably, we deem it unfit for

occupation; or

You are no longer pursuing a course of study with us or have suspended or interrupted your

course of study with us; or

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 and terminate the Agreement; or

If 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 misrepresentation, and we consider (acting

reasonably) that relevant information makes you unsuitable to live in the Accommodation.

6.6

Effect if we

terminate the

Agreement

6.6.1

6.6.2

6.6.3

If we terminate the Agreement in the circumstances set out in Clauses 6.4 or 6.5 this will not

affect our rights to claim against you for any loss or damage caused by any breach of the

Agreement by you, any person authorised to occupy under Clause 2.4 or your visitors.

If we terminate this Agreement in the circumstances set out in Clauses 6.5.1 or 6.5.2, you will

still be obliged to pay that part of the Licence Fee corresponding to the period up to and

including the termination date but you will not be obliged to pay that part of the Licence Fee

corresponding to the period after the termination date. Provided that you move out of the

Accommodation by the termination date, we will refund any Licence Fee you have paid in

advance in respect of the period after the termination date.

If the agreement is terminated and you do not move out of the Accommodation by the

termination date, we may take legal action to obtain a court order requiring you to move out.

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6.7

Our right to

suspend the

Agreement

6.7.1

6.7.2

6.7.3

We may suspend this Agreement if we believe that (acting reasonably and in the best interests

of you and our wider study body) it is necessary because of any legislation and / or guidance

issued by the UK Government.

If we suspend the Agreement we will :

(a) give you reasonable notice to vacate your Accommodation; and

(b) suspend the Licence Fee with immediate effect; and

commencing on the date the Agreement is suspended until you return.

We will give you reasonable notice of when you are able to return to the Accommodation and

when the Agreement will recommence and you must notify us in writing :

(a) if you wish to return to the Accommodation, the date you will be returning; or

(b) confirm you do not wish to return to the Accommodation at which the Agreement

will terminate and the provisions of Clause 2.12 will apply.

COMPLAINTS

Procedure

7.1

If you wish to make a complaint about an issue within your Accommodation or Room you

should, in the first instance discuss this with your Hall Administration Office. If you are not

happy with the outcome and wish to pursue your complaint further, you should do so in

accordance with the complaints procedure which can be reviewed at Complaints Procedure

If you are unable to access this web link, please contact the Accommodation Office before

Accepting this Agreement and we will send to you a copy of the document so you can read it

before Accepting this Agreement.

APPEALS

Procedure for

appeal under

Regulations

8.1

If you are unhappy with a decision we make when exercising our rights under Clause 5.2.2(c)(vi)

of this Agreement (a disciplinary matter under the Regulations) you may appeal that decision

by writing to the Head of Student and Academic Services within ten working days of the date

you were notified of the decision. Further details on the process can be viewed at Summary

Discipline Panels (section 5)

Procedure for all

other appeals

8.2

If you wish to appeal any other decision we make when exercising our rights under this

Agreement, including a Notice to Terminate issued under Clauses 5.2.2(c)(v) or 5.2.2(c)(vi) you

may do so by writing to the Director of Residential and Sport Services within five working days

of the date you were notified of the decision outlining your reasons for appeal.

OTHER MATTERS

9.1

Notices

9.1.1

All letters and notices sent by :

(a) us to you will be properly serviced if they are delivered to you by hand, first class post

or special delivery at the Accommodation and /or the address you provide to us

when applying for the Accommodation (or such other address that you have notified

us about in accordance with Clause 9.1.3) or by email (to your University e-mail

account)

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9.1.2

9.1.3

9.1.4

(b) you to us will be properly served if left or sent to us (by first class post or special

delivery) at the Accommodation Office or is sent by e-mail to

[email protected]

A notice sent by the following means is to be treated as having been received;

(a) if delivered by hand on the day or delivery; or

(b) if sent by first class post or special delivery, on the first working day after posting; or

You agree to notify us of any change to the address you provide to us when applying to us for

the Accommodation by contacting the Accommodation Office.

You agree to pass onto us immediately any statutory letters or notices served on you by a third

party (i.e. not us)

9.2

Data Protection

9.2.1

9.2.2

9.2.3

We will comply with the UK General Data Protection Regulations 2021 as amended from time

to time. We will allow you to inspect certain information that we hold about you and you can

ask us to correct or record your disagreement with the information we hold. We may charge

you the reasonable cost of providing copies of the information.

By accepting this Agreement you agree that all data held by us can be shared between our

departments and third parties (e.g. contractors employed by us to undertake services at the

Hall, a sponsor, the police, any third party accommodation providers from whom we lease the

Hall and provide the Accommodation to you under this Agreement or other public agencies) if

it is reasonable for us to do so as provider and manager of the Accommodation.

We will not disclose sensitive personal information (e.g. medical records) except with your

explicit consent or if we are permitted and / or required to do so by law.

9.3

Liability for loss

or damage

9.3

Subject to the provision 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 or otherwise, unless the loss or damage was caused by our negligence.

9.4

Governing law

and enforceability

9.4.1

9.4.2

This Agreement is governed by English law and international students should be aware that this

may differ from their home country

If any aspect of this Agreement is held to be illegal, invalid or unenforceable, the remainder of

this Agreement will be unaffected.

9.5

Legislation

9.5

The Contracts (Rights of Third Parties) Act 1999 does not apply to this Agreement. This means

to 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.

9.6

VAT

9.6

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.

9.7

Council Tax

9.7

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

fourteen days of written demand)

9.8

Guarantees of

accommodation

9.8

Any guarantee given by us in our Accommodation brochure or website to allocate

accommodation to you shall cease to have effect if this Agreement is terminated.

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SCHEDULE 1

Payment of

Licence Fee

1.1

1.1.1

1.1.2

1.2

1.3

1.4

1.5

Your Licence Fee must be paid either:

In full (i.e. in one single payment (a “single payment”) at the time you Accept this Agreement;

By “instalments” by paying the Advanced Licence Fee Payment when you Accept this

Agreement and then paying the balance of the Licence Fee in :

(a) in one single instalment by the methods detailed in paragraph 3 below (“Single

Instalment”)

(b) in three termly instalments by Direct Debit in accordance with paragraph 4 below and

the instalments details referred to in the Agreement Summary (“Three Instalments”)

Unless your Period of Residence is for 30 weeks or less, you could elect whether you prefer to

pay in a Single Payment, a Single Instalment or Termly Instalments by ticking the appropriate

box in the application process / Agreement Summary. If you failed to make an election you will

be deemed to have elected pay the Licence Fee in full in accordance with Clause 1.1.1 above.

If your Period of Residence is for 30 weeks or less you must pay the full Licence Fee in a Single

Payment on or before the first day of the Period of Residence.

In the event that an Instalment is not paid on the instalment date specified in the payment

plan referred to in paragraphs 3.2 and 4.4 of this Schedule 1, a late payment charge of 3%

above the Bank of England base rate may be added to the Licence Fee where the instalment is

more than 14 days overdue for each day the instalment remains outstanding and you will be

advised immediately by an email sent to your University email address. Please note that the

provisions of clause 6.4.1 will still apply and we shall still be entitled to terminate your Licence

Agreement where you have failed to pay the whole or any part of the Licence Fee in

accordance with the payment plan and the Licence Fee (or any part) remains outstanding for a

period of 28 days or more.

If you are unable to pay the Licence Fee or any Instalment on the instalment date please

contact the Credit Control Team on 0161-275-8130 or [email protected] before

the Instalment due date to discuss your options.

Payment in a

Single Instalment

2.1.1

2.1.2

2.2

If you have elected to pay the Licence Fee by a Single Instalment (in accordance with Paragraph

1.1.2 (a) of this Schedule 1 – see above)

You must make the Single Instalment payment in full on or before the instalment date by :

Credit or debit card, either:

(a) in person at your Hall Administration Office; or

(b) online at the point of Acceptance via the online acceptance process; or

https://my.manchester.ac.uk/en/my-profile

Bankers draft or Weston Union (only available if you do not have a UK bank account) and

cannot pay online via the My Financials section of My Manchester) you must contact the

Accommodation Office

The instalment date is detailed in the payment plans available at Payment Plans (The University

of Manchester)

Paying in Termly

Instalments

If you have elected to pay the Licence Fee by a Three Instalments (in accordance with

Paragraph 1.1.2 (b) of this Schedule 1 – see above)

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3.1

3.1.1

3.2

3.3

3.4

3.5

You must make the payments by Direct Debit. You may elect to set up the Direct Debit

mandate :-

(a) online at the point of Acceptance via the online acceptance process; or

(b) online via the My Financials section of My Manchester

https://my.manchester.ac.uk/en/my-profile

If you fail to set up a Direct Debit mandate in accordance with paragraph 4.1 you will be

required to pay the Licence Fee in full in a Single Instalment within 7 days of the first instalment

date in accordance with paragraph 3 above.

Please note that a Direct Debit can only be set up from a UK bank account and not a savings or

deposit account. If a third party is setting up a Direct Debit from their account they will need

your Student ID number to do this.

Your instalments amounts together with the collection dates by which each of your instalment

payments must be made are available at Payment Plans (The University of Manchester)

The Direct Debit payments will be taken from your bank account on the agreed instalment

date.