Termination of this Tenancy Agreement. 8.1 The Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the first day of the Tenancy Period if the Tenant is not able to start or continue their course of study at their chosen university or college. The Tenant must notify the Agent within 3 working days of becoming aware that s/he will not be able to start or continue his/her course. 8.2 The Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit, the first instalment of Rent and provided the Guarantor's signed agreement within 5 days of the first instalment of Rent falling due. 8.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the Tenant takes occupation, without notice to the Tenant, if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination. 8.4 The Tenant may terminate this tenancy agreement in accordance with Derwent Students' Booking and Cancellation Policy which is fully incorporated into this tenancy agreement and is available at xxx.xxxxxxxxxxxxxxx.xxx. 8.5 If the Tenant wishes to cancel this tenancy agreement once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord's administration Fee of £50.00 for dealing with the changeover. This fee is payable at the time of the changeover or by agreed deduction from the Deposit. 8.6 The Landlord will be entitled to use the Deposit towards payment of any Rent and Fees that the Tenant is liable to pay and any damage chargeable to the Tenant in terms of this tenancy agreement. On payment of the administration Fee and commencement of the new tenancy, the Landlord will release the Tenant from this tenancy agreement and the Landlord will refund to the Tenant any part of the Deposit that is not applied towards payment of any Rent and Fees or payment for damage and any pre-paid Rent in excess of the Tenant's liability for Rent in terms of this tenancy agreement at the date of release. 8.7 In addition this tenancy agreement may be ended by:- 8.7.1 The tenancy reaching its end date and either party serving a notice to quit on the other at least 40 clear days' prior to the end date. 8.7.2 The Landlord serving on the Tenant 14 days' notice to terminate this tenancy agreement without penalty: i To terminate the tenancy where the Tenant has broken or not performed any of the obligations under this tenancy agreement including without prejudice to the foregoing generality: - a. the whole or any part of the rent is unpaid for one month after it becomes due (whether legally demanded or not); b. you cease to be a student in full time education; c. you engage in criminal or anti-social behaviour. 8.7.3 The effect of such termination will be to end the Tenancy Period but will not release the Tenant from any outstanding obligation and the Tenant will still be liable for the whole Rent for the full Tenancy Period and any other payments due. 8.8 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant's request or because the Tenant is in serious or persistent breach of one or more of their obligations in this tenancy agreement, the Tenant will have the right to terminate this tenancy agreement (without having to comply with the conditions in clause 8.5) as an alternative to relocating. 8.9 If the Landlord relocates the Tenant at the Tenant's request or because the Tenant is in serious or persistent breach of one or more of their obligations in this tenancy agreement: 8.9.1 the Landlord shall be entitled to charge the Tenant a £50 administration Fee for dealing with the transfer; 8.9.2 the Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new accommodation for the remainder of the Tenancy Period; 8.9.3 the tenancy of the new accommodation will be on the terms of this tenancy agreement, except for the description of the Accommodation (which may be amended by a memorandum signed by both parties); 8.9.4 the Tenant and their Guarantor will be liable to pay the higher rent, from the date the Tenant is given access to the more expensive accommodation, if the Tenant requests a move to more expensive accommodation. 8.10 If the Accommodation is not immediately available for occupation at the start of the Tenancy Period the Landlord is entitled to provide the Tenant alternative accommodation provided always the Tenant will have the right to terminate this tenancy agreement (without having to comply with the conditions in clause 8.5) if the Accommodation should not be available for a period of more than 4 weeks from the start of the Tenancy Period.
Appears in 5 contracts
Samples: Student Tenancy Agreement, Student Tenancy Agreement, Student Tenancy Agreement
Termination of this Tenancy Agreement. 8.1 The Landlord shall be entitled (but not obliged) to 4.1. OES may terminate this tenancy agreement at any time before the first day of the Tenancy Period if the Tenant is not able to start or continue their course of study at their chosen university or college. The Tenant must notify the Agent within 3 working days of becoming aware that s/he will not be able to start or continue his/her course.
8.2 The Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit, the first instalment of Rent and provided the Guarantor's signed agreement within 5 days of the first instalment of Rent falling due.
8.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the Tenant takes occupation, without by serving notice to the Tenant, if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination.
8.4 The Tenant may terminate this tenancy agreement in accordance with Derwent Students' Booking and Cancellation Policy which is fully incorporated into this tenancy agreement and is available at xxx.xxxxxxxxxxxxxxx.xxx.
8.5 If the Tenant wishes to cancel this tenancy agreement once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord's administration Fee of £50.00 for dealing with the changeover. This fee is payable at the time of the changeover or by agreed deduction from the Deposit.
8.6 The Landlord will be entitled to use the Deposit towards payment of any Rent and Fees that the Tenant is liable to pay and any damage chargeable to the Tenant in terms of this tenancy agreement. On payment of the administration Fee and commencement of the new tenancy, the Landlord will release the Tenant from this tenancy agreement and the Landlord will refund to the Tenant any part of the Deposit that is not applied towards payment of any Rent and Fees or payment for damage and any pre-paid Rent in excess of the Tenant's liability for Rent in terms of this tenancy agreement at the date of release.
8.7 In addition this tenancy agreement may be ended by:-
8.7.1 The tenancy reaching its end date and either party serving a notice to quit on the other at least 40 clear days' prior to the end date.
8.7.2 The Landlord serving on the Tenant 14 days' notice to terminate this tenancy agreement without penalty: i To terminate the tenancy where the Tenant has broken if:
(a) Any payment is overdue by 45 days or not performed any of the obligations under this tenancy agreement including without prejudice to the foregoing generality: -
a. the whole or any part of the rent is unpaid for one month after it becomes due (whether legally demanded or not)more or;
b. you cease to be a student in full time education;
c. you engage in criminal or anti-social behaviour.
8.7.3 (b) The effect of such termination will be to end the Tenancy Period but will not release the Tenant from any outstanding obligation and the Tenant will still be liable for the whole Rent for the full Tenancy Period and any other payments due.
8.8 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant's request or because the Tenant is in serious or persistent breach of one any of the Tenant’s obligations or;
(c) In the reasonable opinion of the University the behavior of the Tenant constitutes a serious risk to him/herself or more of their obligations in others or the University’s.
4.2. The Tenant may only terminate this tenancy agreementagreement in accordance with this clause, and will remain liable for the clauses of this agreement and its financial obligation until:
(a) the Tenant has applied for withdrawal from accommodation via the accommodation system through xxx.xxx-xxxxxxxxxx.xxx, or has given notice in writing to the Accommodation Management Unit or a designated officer that s/he wishes to leave; and
(b) a replacement who is not already a Tenant of the University enters into a tenancy agreement with the University (the University may assist the Tenant in finding a replacement, but does not guarantee it will be able to find one);
4.3. Room swaps will not be treated as replacements and refunds of Rent will only be given where the void in the University Residence caused by the Tenant’s early departure has been filled and there is no loss to the University. The University shall be entitled to fill any rooms which are already vacant before allocating people on its waiting list to the Accommodation.
4.4. If this tenancy agreement is terminated early by the Tenant, before the end of the Tenancy Agreement, the Tenant booking fee is NOT REFUNDABLE.
4.5. Any pre-paid rent will have only be refunded for the right remaining period of the tenancy agreement where the void in the Residence caused by the Tenant’s early departure has been filled and there is no loss to the University.
4.6. If this tenancy agreement is terminated under clause 4.2, pre-paid Rent will only be refunded for the period for which a replacement has been found and entered into a tenancy agreement.
4.7. The University’s acceptance of the keys/access cards at any time shall not in itself be effective to terminate this tenancy agreement (without having to comply with the conditions in clause 8.5) as an alternative to relocating.
8.9 If the Landlord relocates the Tenant at the Tenant's request or because the Tenant is in serious or persistent breach of one or more of their obligations in this tenancy agreement:
8.9.1 the Landlord shall be entitled to charge the Tenant a £50 administration Fee for dealing with the transfer;
8.9.2 the Tenant will surrender their tenancy while any part of the Accommodation on the day they leave it and on the same day take a tenancy Period of the new accommodation for the remainder of the Tenancy Period;
8.9.3 the tenancy of the new accommodation will be on the terms of this tenancy agreement, except for the description of the Accommodation (which may be amended by a memorandum signed by both parties);
8.9.4 the Tenant and their Guarantor will be liable to pay the higher rent, from the date the Tenant is given access to the more expensive accommodation, if the Tenant requests a move to more expensive accommodationremains unexpired.
8.10 If the Accommodation is not immediately available for occupation at the start of the Tenancy Period the Landlord is entitled to provide the Tenant alternative accommodation provided always the Tenant will have the right to terminate this tenancy agreement (without having to comply with the conditions in clause 8.5) if the Accommodation should not be available for a period of more than 4 weeks from the start of the Tenancy Period.
Appears in 1 contract
Samples: Tenancy Agreement
Termination of this Tenancy Agreement. 8.1 The Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the first day of the Tenancy Period if the Tenant is not able to start or continue their course of study at their chosen university or college. The Tenant must notify the Agent within 3 working days of becoming aware that s/he will not be able to start or continue his/her course.
8.2 The Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the Tenant takes occupation if the Tenant has not paid the Deposit, the first instalment of Rent and provided the Guarantor's signed agreement within 5 days of the first instalment of Rent falling due.
8.3 Unless the Tenant has made arrangements with the Landlord for late arrival the Landlord shall be entitled (but not obliged) to terminate this tenancy agreement at any time before the Tenant takes occupation, without notice to the Tenant, if the Tenant has not taken up residence within 3 days of the start of the Tenancy Period but the Tenant will be liable for the Rent up to and including the date of termination.
8.4 The Tenant may terminate this tenancy agreement in accordance with Derwent Students' Booking and Cancellation Policy which is fully incorporated into this tenancy agreement and is available at xxx.xxxxxxxxxxxxxxx.xxx.
8.5 If the Tenant wishes to cancel this tenancy agreement once the tenancy has started, the Tenant will be liable for the Rent and instalment charge (if applicable) for the full Tenancy Period or, if shorter, for the period until a replacement tenant takes over responsibility for payment. If a replacement tenant is found, the Tenant will be liable for the Landlord's administration Fee of £50.00 for dealing with the changeover. This fee is payable at the time of the changeover or by agreed deduction from the Deposit.
8.6 The Landlord will be entitled to use the Deposit towards payment of any Rent and Fees that the Tenant is liable to pay and any damage chargeable to the Tenant in terms of this tenancy agreement. On payment of the administration Fee and commencement of the new tenancy, the Landlord will release the Tenant from this tenancy agreement and the Landlord will refund to the Tenant any part of the Deposit that is not applied towards payment of any Rent and Fees or payment for damage and any pre-paid Rent in excess of the Tenant's liability for Rent in terms of this tenancy agreement at the date of release.
8.7 In addition this tenancy agreement may be ended by:-
8.7.1 The tenancy reaching its end date and either party serving a notice to quit on the other at least 40 clear days' prior to the end date.
8.7.2 The Landlord serving on the Tenant 14 days' notice to terminate this tenancy agreement without penalty: i To terminate the tenancy where the Tenant has broken or not performed any of the obligations under this tenancy agreement including without prejudice to the foregoing generality: -
a. the whole or any part of the rent is unpaid for one month after it becomes due (whether legally demanded or not);or
b. you cease to be a student in full time education;
c. you engage in criminal or anti-social behaviour.
8.7.3 The effect of such termination will be to end the Tenancy Period but will not release the Tenant from any outstanding obligation and the Tenant will still be liable for the whole Rent for the full Tenancy Period and any other payments due.
8.8 The Landlord reserves the right to relocate the Tenant to comparable alternative accommodation during the Tenancy Period where it is reasonable to do so but, unless the relocation is at the Tenant's request or because the Tenant is in serious or persistent breach of one or more of their obligations in this tenancy agreement, the Tenant will have the right to terminate this tenancy agreement (without having to comply with the conditions in clause 8.5) as an alternative to relocating.
8.9 If the Landlord relocates the Tenant at the Tenant's request or because the Tenant is in serious or persistent breach of one or more of their obligations in this tenancy agreement:
8.9.1 the Landlord shall be entitled to charge the Tenant a £50 administration Fee for dealing with the transfer;
8.9.2 the Tenant will surrender their tenancy of the Accommodation on the day they leave it and on the same day take a tenancy of the new accommodation for the remainder of the Tenancy Period;
8.9.3 the tenancy of the new accommodation will be on the terms of this tenancy agreement, except for the description of the Accommodation (which may be amended by a memorandum signed by both parties);
8.9.4 the Tenant and their Guarantor will be liable to pay the higher rent, from the date the Tenant is given access to the more expensive accommodation, if the Tenant requests a move to more expensive accommodation.
8.10 If the Accommodation is not immediately available for occupation at the start of the Tenancy Period the Landlord is entitled to provide the Tenant alternative accommodation provided always the Tenant will have the right to terminate this tenancy agreement (without having to comply with the conditions in clause 8.5) if the Accommodation should not be available for a period of more than 4 weeks from the start of the Tenancy Period.
Appears in 1 contract
Samples: Student Tenancy Agreement