of residence in Lancaster University Accommodation
Please read the Agreement Summary and these terms and conditions before Accepting the Agreement Summary.
THIS IS A LEGALLY BINDING AGREEMENT.
In Accepting this Agreement, you agree to abide FULLY by these terms and conditions, which include paying for the FULL CONTRACTUAL PERIOD. If you don’t take up your Accommodation once you have Accepted, your deposit will NOT be refunded.
If there is anything you do not understand or wish to discuss e.g. a disability, allergy or other special requirement, please contact your Accommodation Manager BEFORE Accepting this Agreement.
GUIDANCE NOTE: Words commencing with a capital letter have the specific meanings set out in the glossary in Schedule 1.
Subject to our rights to terminate this Agreement early (set out in clauses 26-29 below) we grant you the right to occupy the Accommodation for the Period of Residence. If the Period of Residence set out in the Agreement Summary does not include the Easter vacation you must vacate the Accommodation and remove all your personal possessions from it by 10 am on the last day of Term.
If you wish to raise a complaint about the condition of the Accommodation or about any issue arising from the terms of this Agreement, this should be done in accordance with the Student Complaints Procedure.
3.1: If the Agreement has been Accepted by someone acting on your behalf, we shall assume that you have given that person authority to Accept and will regard that Acceptance as binding on you unless you have previously notified us to the contrary.
3.2: If you move into the Accommodation without having formally Accepted this Agreement, you will be deemed as having Accepted this Agreement by your actions.
All enquiries relating to this Agreement by you should be addressed to the Accommodation Manager.
No termination or variation of this Agreement will be valid unless it has been confirmed in writing by the Head of Accommodation, or designated official.
This Agreement is governed by English Law which, for international students, may be different from what you are used to, and any legal proceedings brought by either you or us under the terms of this Agreement will be heard by the courts in England.
7.1: In exchange for the right to occupy the Accommodation, you agree to pay us the Accommodation Fee by the dates set out in Schedule 2 and in accordance with the payment terms detailed in Schedule 2.
7.2: You agree that if you leave the Accommodation before the end of the Agreement you will, (unless we agree otherwise which we are under no obligation to do) still be liable to pay ALL OF THE ACCOMMODATION FEE FOR THE WHOLE OF THE PERIOD OF RESIDENCE unless you or we are able to find a suitable replacement occupier who is not already in University owned accommodation. The suitability of the proposed replacement occupier will be determined by us (acting reasonably).
7.3: Your obligations to pay the Accommodation Fee set out in clause 7.1 apply WHETHER OR NOT you take up the Accommodation.
7.4: If the whole or any part of the Accommodation Fee remains unpaid in breach of the payment terms, we will apply a charge amounting to 3.75% of the outstanding debt by way of compensation for lost interest.
8.1: You agree to make the deposit payment to the Accommodation Manager at the time you Accept this Agreement. The deposit covers losses, damages, any additional cleaning required, key, key fob or lock replacement where needed, and any unpaid rent or other sums payable as a result of any other breach of your obligations.
8.2: If you cancel this Agreement within 7 days of Accepting it then, provided you have not gone into occupation of the Accommodation, your deposit will be refunded in full. This provision does not apply in the event that you have Accepted this Agreement in the presence of the Accommodation Manager.
8.3: We will refund your deposit within a reasonable period after the end of your Agreement, less any deductions for the proper costs we incur if you breach any of your obligations under this Agreement, including (but not limited to):
8.4: If you accept an Agreement for a subsequent Period of Residence within the duration of the current Agreement we will retain your deposit against it and only refund it following your final Agreement end date. If deductions are made during the current Agreement you may be asked to restore the balance before the next Period of Residence commences.
You agree to check and complete the Inventories (these are lists of the furniture and equipment in your Accommodation, and you will be invited to complete these online on arrival) and notify the Accommodation Manager of any discrepancies within 2 days of taking occupation. We shall assume that the Inventories are correct if you have not done so within 2 days.
10.1: You must comply in all respects with:
A breach of any of these rules and regulations could result in the termination of this Agreement.
10.2: In the event of any discrepancy or contradiction between these terms and conditions, the regulations for the College in which you reside, and the Student Discipline Regulations, the Student Discipline Regulations shall prevail and take precedence.
11.1: You agree to have and to show respect for other persons living and/or working in the Accommodation and College areas at all times, including (but not limited to):
11.2: You agree that we may remove or exclude any visitor from the Accommodation, the College areas, or any other part of the University where we have reasonable grounds to believe that their exclusion is necessary for the safety and/or well being of other persons.
12.1: It is your responsibility to help ensure that the Accommodation is safe to live in, and for employees of the University to work in. Guidance is given in the Residents’ Handbook.
12.2: You agree to vacate the Accommodation and College buildings (and ensure any of your visitors do so) immediately whenever the fire alarm is sounded and co operate at all times with our staff and the emergency services.
12.3: You shall have due regard to the fire evacuation procedures contained in the Residents’ Handbook and also displayed in the Accommodation and College buildings, and agree not to do anything which may cause a fire hazard, including (but not limited to):
12.4: You agree to observe our no smoking policy. Smoking is not permitted anywhere in University managed accommodation. The use of e-cigarettes is similarly banned.
12.5: You agree to ensure that your Accommodation is left secure. For example, you must lock your door and close your window before leaving the Accommodation, and you must lock any corridor and main entrance doors when entering or leaving the building.
12.6: You agree not to copy your room keys or to give them to any other person.
12.7: If you are the occupant of a family flat, you agree not to permit any child to have access to:
13.1: You agree to keep the Accommodation in a clean and tidy condition at all times and to carry out your share of cleaning in the shared areas of the Accommodation.
13.2: You agree to regularly remove rubbish and recycling from the Accommodation in a safe manner and safely place it in the designated area at your College.
13.3: You agree not to change or damage the decorative finish of the Accommodation.
13.4: You agree not to remove, damage, or interfere with any fixtures, fittings, furniture or equipment, electrical, plumbing or telecommunications installation in the Accommodation or Access Areas.
13.5: You agree not to erect or install any outdoor aerial, satellite dish, wireless access point, hub, switch or router.
13.6: You agree not to keep any animals, birds, reptiles, insects or fish at the Accommodation. Assistance dogs are permitted following consultation with the Accommodation Manager/Disabilities Officers.
13.7: You agree not to bring any additional soft furnishings, refrigerators, freezers or dishwashers into the Accommodation, except where the Accommodation Manager has given prior agreement in writing.
13.8: You agree not to bring or install washing machines in the Accommodation, except in certain family flats with the prior Agreement of the Flats Accommodation Manager. Dryers are not permitted anywhere in the accommodation.
13.9: You agree to promptly report any loss, breakage, damage or failure of facilities, using the reporting procedure set out in the Residents’ Handbook.
13.10: You agree that we may, at reasonable times, enter the Accommodation to clean, inspect, repair, or for any other reasonable purpose (NB advance notice of visits will be given, except in the case of repairs reported by you, or in an emergency, when entry may be at any time).
13.11: You agree that you will not display any posters, flags, slogans, advertising or other signs in the Accommodation so as to be visible from the outside. Further, you may not hang anything, including washing, from the windows.
14.1: You (and, in the case of a family flat, any members of your family authorised by us to live with you) agree to use the Accommodation only as study and living accommodation and not for any business purposes.
14.2: You agree not to sublet or allow others to occupy the Accommodation, and your rights under this Agreement are not transferable.
14.3: You agree that your visitors can only stay in your Accommodation for three consecutive nights in any week with the prior permission of the Accommodation Manager, and provided that they are registered on arrival and on departure with the Porter at your College (for Health and Safety reasons).
14.4: You agree that you may not move to other University accommodation without first obtaining prior consent via your Accommodation Manager.
14.5: If you are permitted or asked to move, all the terms and conditions of this Agreement are transferable to the new Accommodation.
14.6: When using ResNet at the Accommodation you must comply with our Computer User Agreement (CUA); a summary is available at lancaster.ac.uk/iss/rules.
14.7: You must declare any new criminal convictions to us at the time of the conviction, be that before or during the Period of Residence.
15.1: At the end of the Period of Residence you agree to:
15.2: You agree to pay the reasonable cost of replacing any key or key fob which is not returned, or of replacing a lock.
15.3: You acknowledge that if you do not comply with 15.1, we are entitled to take legal action against you to require you to leave the Accommodation. We reserve the right to claim for and charge for damages and loss which we suffer or incur as a result of your failing to leave the Accommodation at the end of the Period of Residence, including (but not limited to) the costs of any such legal action.
15.4: We can dispose of your personal valuables and deduct the cost of doing so (and any storage costs) from any sale proceeds and/or the Deposit if you do not collect or remove your personal valuables within 1 month of the end of the Period of Residence (or of the date this Agreement ends if either you or we terminate it early).
You are liable to us for all loss or damage suffered as a result of any breach by you or your visitors of this Agreement. This includes (but is not limited to) any expense properly incurred in collecting arrears, paying professional advisors and in relation to court proceedings.
We will provide the following during the Period of Residence:
17.1: Cleaning, maintenance and repair of the Accommodation as specified in the Residents’ Handbook (except where damage is caused by you or by another student who is liable to repair such damage under their residence Agreement).
17.2: Operation, inspection, servicing and repair of all our plant, machinery and equipment in the Accommodation including the provision of all fuel and water.
17.3: Fire fighting equipment in the shared areas of the Accommodation, the Access Areas or any other part of the Accommodation.
17.4: An adequate supply of hot water for domestic use.
17.5: Reasonably adequate heat to the radiators during the Period of Residence, having regard to prevailing weather conditions. This may mean, therefore, that the heating is turned off during the summer period.
17.6: Employment of staff for the day to day running of the Accommodation.
17.7: Kitchen refuse bins (including repairing and replacing them when necessary) in the shared areas of the Accommodation, and arranging for disposal of refuse from the external bin areas.
17.8: Items on the Inventories, which we shall also maintain (except for loss, breakage or damage attributable to you or your visitors).
17.9: Laundrette facilities on campus, for which there will be a separate charge for use. Please note, the laundry facilities are provided by an external company which is responsible for them.
17.10: A telephone point within the Accommodation.
We will not unreasonably interfere with your privacy.
We will give you at least seven days notice before entering your bedroom to clean, inspect, repair, or for any other reasonable purpose (NB advance notice will not be given in the case of repairs reported by you, or in an emergency, when entry may be at any time).
Where there is reasonable suspicion that you or your guests are in breach of the rules contrary to regulation and warnings given, spot checks will be carried out without further warning. A serious breach may affect others’ enjoyment of their accommodation, or contravene health and safety regulations, including those in place for staff that work in the accommodation.
20.1: We shall not be liable for any failure or interruption to any services, or for any loss arising from such failure or interruption, unless it is caused by our negligence.
20.2: Subject to the provisions 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.
20.3: We have the right to carry out any alterations or building works at the Accommodation, the College or on our adjoining or neighbouring property without liability for disturbance where we have used reasonable endeavours to carry out works at times likely to minimise disturbance for as short a period as reasonably practicable (save in case of emergency).
21.1: We will insure your personal belongings up to a specified limit, but you will be responsible for administering any claims which arise. Full details of the insurance policy are available on the Cover4Students website. 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.
21.2: We will insure the Accommodation against fire and other risks which we reasonably consider necessary.
By you or your visitors of your obligations.
22.1: If you or your visitors contravene any of the clauses given under Your Obligations (clauses 7 to 16), action may be taken by the relevant College Dean or the University Board of Discipline or any of their nominated officers, including the Accommodation Manager in accordance with the procedures set out in the Student Discipline Regulations.
22.2: Your Accommodation Manager will usually be the nominated officer for dealing with most matters in the first instance, and in particular with any charges for damage or any additional cleaning required within your Accommodation. This will depend, however, on the seriousness of the offence.
22.3: Where minor offences are repeated, or where offences are more serious, the case may be referred to the relevant College Dean or the University Board of Discipline.
In such circumstances, a larger fine may be imposed in addition to any charges made for damage/cleaning. Further, in serious cases, you may be asked to move to another room, to leave your accommodation permanently and/or to move out of your accommodation temporarily. In the most serious cases you may also be subject to separate disciplinary procedures. The disciplinary procedures followed by the relevant Dean or Board, and the appeals procedures, are detailed in the Student Discipline Regulations.
22.4: The College Dean will normally deal with breaches of clauses in paragraphs 10 (College and University Regulations), 11 (Respect for others) and 12 (Safety and Security).
23.1: You must pay for any losses, damage, any additional cleaning required, key, key fob or lock replacement where needed, or any other breach of your obligations.
23.2: In the event of communal damage reasonable efforts will be made to identify individuals responsible. Damage charges may be applied proportionally across a group where collective responsibility is identified.
23.3: Where additional cleaning is required, you will first be issued with a warning and given an opportunity to clean your Accommodation. If the Accommodation is not returned to a satisfactory condition by the given deadline, a charge for additional cleaning will be made.
23.4: The following fines are designed to illustrate the types of behaviour which are unacceptable. Typical charges for damage and additional cleaning are given in the Residents’ Handbook. The exact amount will depend on the seriousness of the case and could be more than the maximum shown in very serious cases.
Safety & fire precautions:
Anti-social activities:
24.1: If you contravene any of the clauses given under Your Obligations, we may temporarily exclude you from the Accommodation during further appropriate investigations of the offence and any subsequent Board of Discipline meeting. We would do this where we reasonably consider, following the risk assessment arrangements as set out in the Student Discipline Regulations that your continued presence at the Accommodation would constitute an unacceptable risk. Any decision to exclude you will be made in accordance with the Student Discipline Regulations, and be subject to appeal.
24.2: We may temporarily exclude you from the Accommodation if we reasonably consider, following our Fitness to Study procedures, that it is necessary to exclude you from the Accommodation to protect the wellbeing of yourself or others, or to prevent damage to the Accommodation.
25.1: We reserve the right to require you to move to similar alternative accommodation for reasonable management reasons including (but not limited to):
any alterations or building works being carried out at the Accommodation and/or the College buildings; or
the Accommodation being damaged, such that we deem it unfit for occupation.
25.2: We reserve the right to require you to move to similar alternative accommodation (where it is reasonable for us to do so):
in serious cases where you have not complied with Your Obligations (or where we reasonably suspect that you have not complied with them)
where we reasonably consider, because of your behaviour, or for any other reason, that it is necessary to move you from the Accommodation to protect your wellbeing or the wellbeing of others or to prevent damage to the Accommodation
We may terminate this Agreement by giving you notice in any of the following circumstances:-
26.1: in serious cases where you have not complied with Your Obligations (or where we reasonably suspect that you have not complied with them); or
26.2: if you fail to comply or co-operate with a reasonable request by us to provide information or to assist in connection with a risk assessment undertaken by us (which you agree to do).
We may also terminate this Agreement by giving you notice in any of the following circumstances:-
27.1: if we are unable to find you similar alternative accommodation (despite our reasonable efforts) and, through no fault of your own, either (i) the current Accommodation has been severely damaged and we deem it unfit for occupation, or (ii) we are unable to provide the Accommodation as a result of events beyond our control.
27.2: if you cease to be a student of the University.
27.3: where we reasonably consider, because of your behaviour or for any other reason, that it is necessary to move you from the Accommodation to protect your wellbeing or the wellbeing of others or to prevent damage to the Accommodation.
27.4: if any information supplied by you, or on your behalf, in connection with your application to the University for a place on a programme of study and/or for a place in accommodation is untrue, inaccurate or misleading, or if you fail to disclose relevant information which would amount to a misrepresentation.
28.1: Under the circumstances set out in clause 25, we shall give you reasonable notice (taking into account the circumstances) that we are relocating you. The notice period may be as little as 24 hours.
28.2: Under the circumstances set out in clauses 26 and 27, we shall give you reasonable notice (taking into account the circumstances) that we are terminating the Agreement. The notice period will not normally be less than 4 weeks but may be as little as 24 hours. The termination of the Agreement will not affect our rights to claim against you for any loss or damage.
28.3: If the Agreement is terminated in the circumstances set out in clause 27.1, we shall refund any Accommodation Fee you have paid in respect of the period after the date of termination. If the Agreement is terminated on any other grounds, we will not be obliged to refund the Accommodation Fee unless we are able to re-let the Accommodation, in which case we will refund the Accommodation Fee corresponding to the period after the Accommodation is re-let.
29.1: Any notice that we serve on you under this Agreement will be made in writing and will be delivered by hand, first class post, or special or recorded delivery and sent to you at:
29.2: A notice sent by the following means is to be treated as having been received:
29.3: You agree to notify the Accommodation Manager, in writing, of any change to the address you provide to us in the Agreement Summary.
At the date of this Agreement the accommodation fee for students is exempt from VAT, but we reserve the right to charge VAT if it becomes payable during the Period of Residence, for instance, if you become a non student/or if there is a change in the law.
If there is any Council Tax payable in respect of the Accommodation, you (and not the University) shall be responsible for paying this to the local authority.
Any guarantee given by us to allocate accommodation to you shall cease to have effect if this Agreement is terminated or suspended for any reason in accordance with these terms and conditions.
1: Words used in the Agreement Summary and in these Terms and Conditions have the following meanings:
Means all stairwells, corridors, landings and entrance halls within the College and Accommodation.
Means to formally accept the offer of the Accommodation online or by signing a paper copy of the Agreement Summary and “Accepted” and “Accepting” are to be interpreted accordingly.
Means the accommodation offered/let to you, which includes in case of a shared flat all shared areas in that flat or any other alternative Accommodation provided where we need to relocate you under this Agreement.
Means the charges for your occupation of the Accommodation as stated in the Agreement Summary.
Means the member of staff responsible for student residential accommodation at the relevant College, or flats accommodation.
Is the Agreement between us and you relating to the Accommodation and comprising:
Means the specific details of the Accommodation being granted to you, the Accommodation Fee and payment dates which you Accept to confirm your Agreement to these terms.
Means the specific college named in the Agreement Summary.
Means the lists of furniture and equipment at the Accommodation, issued to you on arrival.
Means the period of residence granted by this Agreement starting and ending on the dates stated in the Agreement Summary.
2: In these terms and conditions “you” means the person signing the Agreement and “we” and “University” means Lancaster University. The expressions “your” “our” and “us” should be read in the same way.
3: The Agreement is between the University and yourself only, and third parties have no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.
Payment Deadlines
You must pay your accommodation fee before the due dates as set out on your invoice. Late payment without prior agreement results in late payment charges.
If you pay in one instalment you should pay by Friday 2 October 2020.
If you pay termly the deadlines are Friday 2 October 2020, Friday 8 January 2021 and Friday 16 April 2021.
If you have a 50 week contract the final payment is due by Friday 9 July 2021.
Your Accommodation Fee must be paid either:
The deadlines for payment of the Accommodation Fee each term are listed on your invoice, and above.
If your contract begins after October payment is due by the contract start date.
2.1: In order to pay by credit or debit card online please visit the University website and select ‘online payments’. The direct address is as follows: lancaster.ac.uk/users/finance/onlinepayments. Please note that the University does not accept Diners Club cards.
2.2: You will be issued with an invoice for your Accommodation Fee and will need the invoice number before you can pay. Please don’t make payments before you have received this.
2.3: Before making the payment, check whether the amount will exceed any transaction limit set by your card issuer. You may wish to advise your card issuer of any large transactions you will be making in advance.
If a sponsor is paying all or part of your fees, an invoice for the relevant amount will be sent within a month of your starting your course. If your sponsor fails to pay the invoice you will become liable for the full payment. The University will advise you if this happens.
4.1: You will be sent reminders each term to your University email address regarding any overdue balance on your account. Any overdue balances will be charged late payment penalties as stated in paragraph 7.4 of the terms and conditions.
4.2: If you can’t pay by the due date, you must speak to your Accommodation Manager before the deadline – they are able to advise on hardship funds or in some circumstances vary payment arrangements on compassionate grounds. If you don’t do this, you may be charged late payment penalties.
You are not entitled to any refund of the Accommodation Fee if you fail to take up the Accommodation, vacate it before the end of the Period of Residence without our consent, or are absent from the Accommodation, unless using your reasonable efforts you or we are able to re-let the Accommodation.
You are not entitled to make any deductions from the Accommodation Fee.
A schedule of representative costs for missing or broken items, household goods, repairs and cleaning can be found on our damage charges page.
Prices are intended to be indicative of the cost of repair or replacement of the items, and all include VAT. Damage for any items not listed will be charged as per the invoice issued.
The cost of damage or cleaning in shared areas may be split between all residents where, following reasonable investigation, joint liability is established.
Where any part of any room requires cleaning, the advertised costs represent the minimum costs for extra cleaning. There may be occasions where the condition of an area is such that it requires the services of an external contractor, and this work will be charged at the contractor’s costs, plus VAT, plus administration.
Make sure you fill in the electronic room inventory provided at the start of the year, and also the one relating to your communal areas. If we don’t receive these back completed we will assume that everything is present and correct, and you will be held liable for any damages at the end of the year.
If something is damaged or broken during your stay, please report it to your Accommodation Manager when it happens. We can arrange for it to be repaired/replaced, and ascertain whether a charge will be levied.
