What are my legal obligations?
When applying for accommodation students are advised the Residences offer accommodation on the basis of a fixed term contract. This information is contained in the Residences Accommodation Guide, Accommodation Application
Form, and on the Accommodation Web Site. Depending on the type of accommodation the contract period will be 36 weeks, 39 weeks, 40 weeks, 42 weeks or 51 weeks.
There is no automatic right for any student to break his or her contract for accommodation. Once an offer of accommodation has been made and accepted the University and the student are bound by the terms and conditions of the Residence Agreement. This is a legally binding contract.
There will be instances where a student moves into accommodation without having signed a Residence Agreement.
The absence of a signed agreement does not materially affect the relationship between the student and the Residences. A contract is formed by the making of an offer and the student accepting the offer. The act of accepting keys and moving in proves the existence of a contractual relationship and does not have to be evidenced by a signed agreement.
Can I terminate my Residence Agreement?
Please refer to the Residence Agreement, Standard Terms and Conditions of Residence, Section 9.2 which states:
The Student may only be released from this Agreement:
9.2.1 if the Student cease to be a registered Student with the University; or
9.2.2 if the Student re- locates another student who is registered as a full time student with the University and is not already in University Accommodation, is reasonably acceptable to the University and is willing to enter into a Agreement with the University for the remainder of the Occupancy on similar terms to this Agreement,provided the Student has complied with all the Student’s obligations under this Agreement up to the date of termination.
9.2.3 in either of the circumstances outlined in clauses 9.1.1 or 9.1.2 the Student’s written request to be released from this Agreement must be submitted to the Accommodation Office at least 28 days before the student requires the University’s decision. Please note all other requests to be released from this Agreement will be refused.
9.2.4 if the Student is released from this Agreement as permitted under this clause 9.1, the Accommodation Fees will be refunded to the Student less (a) a pro rata sum for the number of weeks of the Occupancy up to the date of release by the University, (b) a pro rata sum equivalent to the Accommodation Fees paid for the 4week notice period, and (c) any costs payable in accordance with clauses 6 and 10.
However, please note that the University also reserves the right, without notice to the Student, to deduct from any refund of Accommodation Fees due or becoming due to the Student following the release from this Agreement, all sums (whether tuition fees and/or any other associated fees) then due from the Student to the University. Please also note that if the Student terminates this Agreement prior to the expiry of the Occupancy for any reason other than as specified under clause 9.2, the Student shall remain liable for all the outstanding Accommodation Fees due (as specified in the Payment Plan) for the remainder of the period ofthe Occupancy.
What will happen if I leave my accommodation early?
Should a student move out of his or her accommodation the student will remain liable for the residence fees until such time as the room is re-let by the Accommodation Office.
Can I transfer to another University residence?
The Residences operate a large and diverse portfolio of accommodation. Students may occasionally wish to move from one type of accommodation to another. The Accommodation Office will always endeavour to assist students whom wish to transfer as far as it is reasonable and practical to do so.
If I withdraw from the University how much will I have to pay?
Should a student withdraw from the University or suspend his or her studies e.g. in the case of illness, the Residences will take this as sufficient grounds to break the Residence Agreement.
If a student leaves the University during September the date he or she leaves the University will taken as the effective date and obligations under the Residence Agreement will cease, subject to the keys for the accommodation being returned.
If a student leaves during October through to the following August a month’s rent will be charged in lieu of notice, or until the room is re-let, whichever is the earlier.