UNIVERISTY OF ABERDEEN

ACCOMMODATION TERMS AND CONDITIONS 2017-18

The University offers the Student a right to occupy the Accommodation on the following terms and
conditions:-

1. Interpretation

1.1 Throughout this offer, the following words and expressions shall have the following meanings
attributed to them:-

1.1.1 "University" shall mean the University Court of the University of Aberdeen, constituted
under the Universities (Scotland) Act 1889 and having their administrative office at
Regent Walk, Aberdeen, the University of Aberdeen is a Charity registered in Scotland
No. SC013683;

1.1.2 "Student" shall mean the Student named in paragraph 1 of the Schedule and only this
person can occupy the Accommodation;

1.1.3 "Schedule" shall mean the Schedule annexed hereto;

1.1.4 "Accommodation" shall mean the accommodation specified in paragraph 2 of the

Schedule or any equivalent accommodation, at the same rent as specified in the Schedule,
to which the University, at its sole discretion and at any time during the term of lease,
chooses to allocate to the student;

1.1.5 "Common Areas" shall mean all (if any) areas, rooms or facilities provided or intended
for the use and enjoyment of the occupier of the Accommodation along with the other
occupiers of the property of which the Accommodation forms part, as varied and
determined by the University from time to time;

1.1.6 "Date of Entry" shall mean the date specified in paragraph 3 of the Schedule;

1.1.7 "Date of Expiry" shall mean the date specified in paragraph 4 of the Schedule;

1.1.8 "Rent" shall mean the amount of rent specified in paragraph 5 of the Schedule;

1.1.9 "Non Refundable Pre-Payment" shall mean the sum of £100;

1.1.10 "Period of Occupancy" shall mean the period from the Date of Entry until the End Date,
notwithstanding the period(s) of occupancy stated in the Schedule;

1.1.11 "Contract" shall mean this offer and your acceptance of it;

1.1.12 "University Accommodation" means other accommodation owned or managed by the

University;

1.1.13 “Accommodation Portal” means the University e-Accommodation Portal, a link to

which has been provided to you by email at the time of the allocation of the
Accommodation;

1.1.14 “End Date” shall mean the day following the Date of Expiry;

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2. Code of Practice

2.1 The Student will at all times comply with the Code of Practice on Student Discipline issued by the
University (a copy of this is available at https://www.abdn.ac.uk/staffnet/documents/academic-
quality-
handbook/Code%20of%20Practice%20in%20Student%20Discipline%20(Non%20academic).pdf)
and any breach of its terms will be deemed to be a breach of the terms of the Contract, which may
result in the termination of the Contract and therefore the Student’s right to occupy the
Accommodation. All procedural and administrative matters set out in said Code of Practice on
Student Discipline shall in the appropriate circumstances apply to the terms of the Contract.

2.2 The Student will adhere to: (i) the University Regulations as published by the University from time
to time so far as they relate to the Accommodation and the Common Areas; (ii) the information
contained in the “Guide to Living in Halls” which is available on the eAccommodation Portal.

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3. Period of Occupancy

3.1 The Student will be entitled to occupy the Accommodation for the Period of Occupancy. Where
the Accommodation is in a non-catered hall, the Student accepts that the Period of Occupancy is
inclusive of all vacation periods and may not coincide with the duration of the Student’s studies.
Where the Accommodation is within a catered hall, the Student accepts that meals will be provided
for 37 weeks only.

3.2 The University will have the option to terminate the Contract at any time prior to the End Date in
the event that (i) the Student is in breach of the terms of the Contract, or (ii) the Student ceases to
be a matriculated student of the University, on giving the Student fourteen days' written notice (or
such shorter period as the University may deem appropriate in the circumstances), such notice to be
sent or delivered to the Student at the Accommodation. Any notice issued under this Clause 2.2
will be deemed received by the Student on the day of delivery or if sent by post, 48 hours after the
notice is placed in the post.

3.3 The University will have the right to withdraw the use of or vary any of the Common Areas when
reasonably required.

3.4 The Student acknowledges that the University has the right to allocate another room to the Student
at any time during the Period of Occupation, provided such other room is of a reasonably
equivalent standard as the Accommodation, and that following any such reallocation, the whole
terms of this Contract shall apply to such other room in the same way as they apply to the
Accommodation specified in the Schedule.

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4. Lease Termination

4.1 In the event that the Student decides that they no longer want to reside in the Accommodation, the
Student will nevertheless be held liable for all monies due in respect of Rent for the Period of
Occupancy. If Student removes from the Accommodation so that it is empty, the Student shall
inform the University as soon as possible.

4.2 In the event that the Student nominates another student to occupy the Accommodation for the
remainder of the Period of Occupation, the University will be under no obligation to grant that
other student a right to occupy the Accommodation nor to terminate this Contract. In the event
that the University approves the substitute student, the substitute student will be required to enter
into a new Contract with the University (on the same terms as this Contract including the terms of
this Clause and payment of a further Non Refundable Pre-Payment). An administration charge of
£25 would be payable by the Student and Student’s liability for the Rent will not cease until such
time as the other student commences occupation of the Accommodation, pays the Non Refundable
Pre-Payment and signs a contract in the same terms as this Contract.

4.3 If the Student withdraws from the University during the academic session and ceases to be a
matriculated student, the Student’s right to occupy the Accommodation will cease automatically.

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5. Rent

5.1 The Student will pay the Rent (in accordance with the instructions contained in the invoice that
will be issued to the Student after the Contract is in place) to the University by the instalments on
the dates set out in paragraph 7 of the Schedule. Failure to adhere to University payment terms (30
days of due date for payment) will result in an administration fee of £30.00 being charged for each
overdue instalment. For the avoidance of doubt, charging of the administration is without
prejudice to the University’s rights under Clause 4.2.

5.2 If the Rent (or any part of the Rent) is in arrears or unpaid for a period of at least thirty days after it
has become due (whether formally demanded or not), the University shall be entitled to terminate
the Contract by serving notice on the Student in accordance with Clause 3.2. Following
termination of the Contract, the Student’s right to occupy the Accommodation will cease
immediately.

5.3 If the Rent or any other monies due under this Contract are paid directly to the University by a
sponsor, the Student accepts that in the event that their sponsor defaults on any payments due, they
become personally liable for the Rent and any other monies due under this Contract.

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6. The Pre-Payment of Rent

It is an essential condition of this Offer that the Student completes an on-line induction via the
eAccommodation Portal and makes payment of the Non Refundable Pre-Payment to the University
within seven days of the acceptance, failing which the University will be entitled to revoke this
Offer with immediate effect by giving written notice to the Student, which notice may be given by
email to the email address to which this Offer is sent. The Non Refundable Pre-Payment is not
refundable in any circumstances but will be deducted from the annual Rent to be paid in terms of
Clause 5.1 of this Lease.

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7. Distance Selling Regulations

Under the Consumer Protection (Distance Selling Legislation) Regulation 2000, if you have not
had face to face contact with the University before accepting the Offer, you have the right to cancel
this Contract within 7 days of accepting the Offer. This must be done in writing by e-mail to the
Accommodation Office. Anyone choosing to cancel their contract during this 7-day period will not
be entitled to a refund of the Non Refundable Pre-payment. Your right to cancel does not apply
once you have commenced occupation of the Accommodation.

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8. Transfers within University Accommodation

If a Student accepts the Accommodation and then transfers to alternative University

Accommodation, an administration charge of £25 would be payable upon acceptance of the
transfer. For the avoidance of doubt, the Student will only be able to transfer to alternative
University Accommodation with the consent of the University, which shall be at the University’s
sole discretion. Upon transferring to alternative University Accommodation, the Student shall be
required to enter into a new Contract for the alternative Accommodation.

9. Sub-Letting

Under no circumstances will the Student be allowed to sub-let, assign and/or otherwise deal with
the Accommodation.

10. Placements

The fact that a Student is required to go on placement as part of their course of study and that
placement is outwith the Aberdeen area will not entitle the Student to terminate the Contract and
Rent shall continue to be payable for the full Period of Occupation.

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11. Damage/ Repair

11.1 The Student accepts the Accommodation as being in good condition and repair at the Date of Entry
and is obliged to keep the Accommodation, together with all furnishings and fittings supplied by
the University for use within the Accommodation, in that condition for the duration of the Period of
Occupancy. If the Student does not keep the Accommodation, together with all furnishings and
fittings, in good condition and repair, the University shall be entitled to carry out any repairs and/or
maintenance required to put the Accommodation into that condition and then to recover the costs
from the Student, which costs will be payable in terms of the invoice issued to the Student.

11.2 The Student shall be jointly responsible for the repair and condition of the Common Areas with
those other students who are also entitled to use the Common Areas. The Student shall not cause
any damage to the Common Areas and where the Student does cause damage to the Common Areas
or any part thereof, the Student shall be obliged to make good that damage. If the cause of any
damage to Common Areas is unattributable to any one student, the University reserves the right to
recover the whole or part of the costs of making good such unattributed damage from any or all of
the students who are entitled to use the Common Areas (including the Student) by way of invoices
which in the case of the relevant invoice addressed to the Student, the Student shall pay on demand.
The University shall have absolute and final discretion as to the allocation of liability for the costs
of making good such unattributed damage.

11.3 The Student will be responsible for the behaviour of any guests invited into the Accommodation or
the Common Areas and will pay, on demand, any costs incurred by the University in making good
any losses, breakages or damage caused by such guests.

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12. Students’ Further Obligations

12.1 The Student will be expected to give the University (which includes their employees and
representatives) access to the Accommodation at all reasonable times during the Period of
Occupation on giving 24 hours’ notice (except in case of emergency or when a fault has been
reported to the University by the Student when no such notice will be required and the Student
accepting that faults may be rectified when they are not present at the Accommodation) for the
purpose of repairing, decorating, maintaining, cleaning, or inspecting the Accommodation and/or
the Common Areas, or for showing the Accommodation to any prospective future occupier.

12.2 All alleged criminal activity will be reported to the police, who may seek to search the
Accommodation or Common Areas with a warrant or, for reasons of urgency in limited
circumstances, without a warrant. The University will be guided at all times by the advice and
instructions of the police. If there is suggestion or charges of criminal activity then the University
has the right to offer alternative accommodation until the matter has been resolved to a satisfactory
conclusion.

12.3 The Student will not at any time bring into the Accommodation any furniture, fixtures or fittings
that do not satisfy the current regulations with regard to fire safety.

12.4 The Student will not be permitted to carry out any redecoration of or alteration to the
Accommodation or the Common Areas.

12.5 The Student shall not cause any obstruction to the hallway, stairs, landing and passageways in the
property of which the Accommodation forms part by storing bicycles, depositing of refuse or
otherwise as this will hinder access/exit to and from the building.

12.6 The Student will be prohibited from carrying on within the Accommodation any profession, trade
or business. The Student shall use the Accommodation purely as private residential
accommodation.

12.7 The Student shall be considerate of their neighbours whilst residing in the Accommodation, this
includes treating all fellow residents with respect at all times; bullying and harassment will not be
tolerated and the Student should adhere to the house rules as detailed in the Guide to Living in
Halls.

12.8 The Student shall be prohibited from exhibiting notices or advertisements in, on or from the
Accommodation.

12.9 Smoking (including electronic cigarettes) is not allowed within all areas of University
Accommodation including external entrances.

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13. Insurance

13.1 The Student will not do (or allow anyone else to do) anything within the Accommodation or the
Common Areas which would vitiate the insurance policy effected in respect of the Accommodation
(or the property of which the Accommodation forms part) or would cause the premium payable
thereunder to be increased.

13.2 The Rent will cover insurance of the Student’s personal belongings through the University’s
preferred provider. The Student is referred to the preferred provider for the terms and conditions
for detail on limitation of value of items, excess charges and claim procedures
(http://www.abdn.ac.uk/accommodation/prospective-students/insurance-261.php) For the avoidance
of doubt, the insurance contract is between the Student and the preferred provider, not the
University.

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 14. Miscellaneous

14.1 The Student will not interfere with nor damage nor remove any security or safety plant equipment
serving or fitting within the Accommodation. Tampering with fire safety equipment is a criminal
offence and the University will take steps to deal appropriately with any individual suspected of
engaging in this activity.

14.2 The University or its agents will provide to the Student the services specified in paragraph 9 of the
Schedule.

14.3 The Student will remove from and clear the Accommodation by 10.00am on the End Date without
any legal warning or process of removal.

14.4 The University reserves the right to move the Student and/or other students to alternative
accommodation on a temporary or permanent basis without apportioning blame in situations where
a conflict has arisen between the students occupying adjacent or nearby accommodation. Every
effort will be made by the University to move the students to accommodation of a reasonably
similar standard.

14.5 The University reserves the right to move the Student and/or other students on a temporary or
permanent basis to alternative accommodation where the University considers it practical or
necessary to do so. Every effort will be made by the University to move students to accommodation
of a similar standard. In the event that the Student is moved to alternative accommodation, whether
on a temporary or permanent basis, the terms of the Contract will apply to that alterative
accommodation in the same way as it applies to the Accommodation.

14.6 Any Student failing to remove his possessions within 48 hours of receiving notice to move to
alternative accommodation the Student shall be billed for both the newly allocated accommodation
and the previous accommodation for the period until the Student has vacated his original
accommodation. Furthermore, should the Student fail to remove his possessions to the newly
allocated accommodation on the expiry of his period of notice to move, the University reserves the
right to move the Student’s possessions to the newly allocated accommodation and to charge the
Student for that service at a price to be determined by the University.

14.7 It is a material term of this Contract that the Student grants consent to the University to contact the
Students’ parents or such other next of kin as identified on the Student’s University record in
respect of the Accommodation. Any such communication shall be undertaken at the sole discretion
of the University but the Student will be informed of the making of any such communication.

14.8 It is an essential condition of this Offer that at the Date of Entry there are no debts due by the
Student to the University. In the event that there is any debt due to the University at the Date of
Entry, the University shall have the right to terminate the Contract forthwith by giving the Student
notice to that effect in accordance with the procedure set out at Clause 2.2.

THIS OFFER IS OPEN FOR ACCEPTANCE BY YOU FOR A PERIOD OF SEVEN DAYS
FROM THE DATE HEREOF, FAILING WHICH IT WILL BE DEEMED TO HAVE BEEN
WITHDRAWN.

Please note that you will not be entitled to reside in the Accommodation unless a Contract is in place.

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