This residence is not owned or managed by IH Manchester. It is very important that students read the IH residence’s handbook before arrival, so that they know the residence’s rules.

IH Manchester and the residence have the right to end the tenancy immediately for any student who breaks the rules of the residence, or who behaves in an unacceptable manner according to the IH residence’s handbook or the IH Manchester Code of Conduct and Exclusion Policy.

There will be no refund of fees in this situation and no requirement for IH Manchester to find alternative accommodation for the student.

  1. DEFINITIONS AND INTERPRETATION
 

1.1 In these Licence Terms and Conditions, the words and expressions set out in the Licence Letter shall have the meanings stated therein and the following words and expressions have the following meanings:

“Agent“ means the Licensor’s Agent and its group companies;

“Building Common Areas” means the areas in and around the Building provided by the Licensor from time to time for the benefit of all licensees such as the entrance hall, stairs and corridors and any laundry, courtyard, car park, footpaths, driveways, lifts and bicycle stores and (if applicable) gymnasium and swimming pool provided from time to time and includes its Contents;

“Building” means the building or buildings mentioned in the Licence Letter and where the Room and the Building Common Areas are situated;

“Contents” means the furnishings, fixtures and fittings in the relevant area;

“Flat” means the flat mentioned in the Licence Letter which the Room forms part of;

“Flat Common Areas” means the Flat other than the Room and other rooms within the Flat occupied or designed to be occupied exclusively by other licensees of the Flat;

“Housing Act 1988” means the Housing Act 1988 (as amended by the Housing Act 1996);“legal high” means a substance with stimulant or mood-altering properties whose sale or use is not banned by current legislation regarding the misuse of drugs;

“Licence Agreement” means this licence agreement constituted by the Licence Letter and these Licence Terms and Conditions;

“Licence Fee” means such amount as is agreed between Licensee and Licensor’s Agent;

“Licence Letter” means the licence letter addressed to the Licensee which is enclosed with or attached to these Licence Terms and Conditions;

“Licence Period” means the period from and including the Licence Start Date and ending at 10:00 am on the Licence End Date;

“Licence Start Date” means that date that your occupation may commence under the terms of this agreement;

“Licence End Date” means the date this agreement ends and upon which you must leave the property unless subject to a subsequent licence or occupation agreement;

“Manager” means IQSA Services Limited or any entity that directly or indirectly controls, is controlled by, or is under common control with such company or any entity that directly or indirectly controls, is controlled by, or is under common control with iQ Group;

“Room” means the property demised to the Licensee detailed in the Licence Letter and includes its contents;

“Residents Handbook” means the residents handbook for the Building contained in the residents portal and/or available via the iQ Student Accommodation website;

“Service Media” means central heating and hot water systems, electrical services for power and lighting, drainage and water services, and any data or phone services provided;

“Utilities” means the supply of gas, electricity and water where provided exclusively to the flat;

“Working Day” any day other than Saturday, Sunday or any bank or public holiday.

 

1.2 The expression “Licensor” includes successors in title (which means any buyer of the current Licensor’s interest in the Building).

1.3 When used in this Licence Agreement, the expressions “us” “we” and “our” shall be taken as references to the Licensor and the expressions “you” and “your” shall be taken as references to the Licensee.

 

1.4 Any obligation on us or you not to do any act or thing is also an obligation to take all reasonable steps not to permit or suffer any other person to do any such act or thing.

1.5 If the Licensee or the Guarantor (if applicable) is at any time more than one person, any reference to the Licensee or the Guarantor (if applicable) includes a reference to each such person and any obligation of the Licensee or the Guarantor (if applicable) is a joint and several obligation (which means that the Licensor may enforce the relevant provisions of the Licence Agreement, in full, against all other parties).

 

1.6 Headings used in this Licence Agreement are for convenience only and are not to be considered in interpreting the Licence Agreement.

1.7 Not used.

1.8 Not used.

1.9 If you are under 18, you and the Guarantor (if there is one) acknowledge that, in respect of your Licence, the Licensor:

(a)         does not accept parental responsibility and shall not act in loco parentis;

(b)         shall not owe any safeguarding obligations to you; and

(c)         shall not put in place any safeguarding measures in place.

2. THE LICENCE

2.1 You are permitted to occupy a Room for the Licence Period subject to these Licence Terms and Conditions. This agreement may be terminated by the Licensor:

2.1.1 if you notify the Licensor before the Licence Start Date that you do not wish to enter into the Licence Agreement and the Licensor agrees to release you from it in accordance with the Licensor’s cancellation policy which is set out in the Terms and Conditions to the Licence Agreement;

2.1.2 if you fail to complete your application or provide guarantor details (if applicable) and supporting documentation in good time;

2.1.3 if you provide the Licensor with relevant false or misleading information; and/or

2.1.4 if the Licensor is prohibited from granting a licence because of the Immigration Act 2014 (persons disqualified by immigration status).

2.2 Subject to you complying with the contents of the Residents Handbook, or any other conditions detailed in the Licence Letter, you are granted the right to use the Building Common Areas and the Flat Common Areas (for use in connection with your occupation of the Room only) in common with us and all other licensees and tenants of the Building and all other persons from time to time duly authorised by us.

2.3 We reserve for ourselves and all those authorised by us the following rights over the Room:

2.3.1 the right to enter the Room and the Flat Common Areas on at least 24 hours’ notice (except in an emergency or where entry is required for the proper performance of the Licence Agreement, where no notice need be given) to perform our obligations in this Licence Agreement or for any other reasonable purpose;

 

2.3.2 the right to enter the room at any time where we reasonably believe or have reason to believe that criminal activity is taking place; and

 

2.3.3 the right to the free passage and running of water, soil, gas, electricity and other services through any pipes, cables, wires, drains or sewers passing in or through the Room and the Flat Common Areas.

3. OUR OBLIGATIONS

1.1 During the Licence Period we will:

1.1.1 maintain the installations in the Building and the Room for the supply of water, gas and electricity and for space heating, water heating and sanitation in each case insofar as necessary for the occupation of the Room (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity) and provide a supply of hot and cold water, gas and electricity and for space heating, water heating and sanitation subject to reasonable usage to the Room, the Flat Common Areas and the Building Common Areas;

1.1.2 maintain the structure of the Building including the window frames and window glass;

1.1.3 keep the laundry facilities in good repair and working order;

1.1.4 clean and maintain and provide heating and lighting to the Building Common Areas; and

1.1.5 insure the Building against fire and other usual comprehensive risks as long as insurance cover is available at commercial rates.

1.2 We can withdraw or suspend services to be provided by us if we, acting reasonably, consider it necessary to do so in the interests of the health and safety of occupiers, or due to the requirements of regulation, or in order to maintain, repair or improve the building, including (without limitation) interruptions to allow us to carry out repairs or alterations and we shall not be liable for any costs, expenses, losses, liabilities damages or actions resulting from doing so nor will we be obligated to pay compensation for loss of such amenities.

1.3 We reserve the right during the Licence Period to move you to alternative accommodation (which may be in a hotel) for the purpose of carrying out emergency repairs to the Room or the Building or if (acting reasonably) we consider it necessary to prevent risks to your health, safety or well being or that of other licensees PROVIDED THAT:

1.3.1 you are given reasonable notice;

1.3.2 the alternative accommodation is not of a materially lesser standard than your Room; and

1.3.3 You will occupy the alternative accommodation on the same terms as those of the Licence Agreement.

1.3.4 This provision does not extend to the absence of lift facilities where failure of the lift is beyond our control.

1.4 If the conditions of 3.3 are met then the Licence Fee will continue to be payable.

1.5 If we are unable to offer temporary alternative accommodation the Licence Fee will stop being payable until the Room and Building Common Area is reinstated, made habitable and accessible. Any licence fee paid in advance will be refunded on a daily basis.

1.6 If we need to write to you, correspondence may be delivered by hand or by e-mail or sent by first class Recorded Delivery post to the Room address or the address stated on the Licence Letter or any other address you have given.

1.7 If we need to serve any notice on the Guarantor (if applicable), it may be delivered by hand or by e-mail or sent by first class post to the address stated in the Licence Agreement or any other address given.

4.YOUR OBLIGATIONS

1.8 You will pay Licence Fee to the Licensor’s Agent on the basis agreed between you and the Licensor’s Agent.

1.9 You agree to pay for a television licence to the British Broadcasting Corporation for your Room or (jointly with others if applicable) your kitchen if a licence is required.

1.10 If any of the costs in this clause 4 are payable in relation to the Room together with another property, the Licensee shall pay a fair proportion of all those costs.

1.11 You agree that you will:

 

1.11.1 maintain the Room and the Flat Common Areas in at least as good repair and decorative order and clean condition as it is in at the Licence Start Date (or if you have occupied under a previous licence, the earliest start date of any previous occupation that you entered into in relation to the Room) except for damage by accidental fire and water from the Service Media);

1.11.2 not remove any of the Contents from Room and the Flat Common Areas and maintain the Contents in at least as good repair and condition as they are in on the Licence Start Date (or if you have occupied under a previous licence, the earliest start date of any previous occupation that you entered into in relation to the Room) except for fair wear and tear;

1.11.3 not attempt to carry out any repairs and promptly notify us of any damage or defect in the Room and/or the Flat and/or the Contents and/or the Building; and

1.11.4 operate the Service Media and electrical appliances in the Room and the Flat in accordance with the manufacturer’s instructions and not change, damage, alter or interfere with them in any way and to ensure that any electrical appliances which are not supplied by us comply with all relevant standards and regulations including to permit the Licensor to electrically test equipment at your expense, if requested to do so.

1.11.5 Not to allow a build-up of rubbish to occur (particularly food waste) in your Room or kitchen (including your use of a shared kitchen) and to remove waste to the approved site facility in a timely manner.

1.11.6 Keep your Room and the Flat Common Areas (even where this is a shared facility) in a reasonably clean and hygienic state. If you breach this clause, we may seek, as damages, from you (or jointly in the event you have access to Flat Common Areas), the cost of having the Room and/or the Flat Common Areas professionally cleaned. If as a result of your failure to comply with this clause, your Room and/or the Flat Common Areas (including any shared kitchen) becomes infested with pests, we may seek from you, as damages, the cost of any professional treatment to remove such pests.

1.11.7 vacate the Building (and to ensure that any visitors you have also vacate the Building), immediately whenever the fire alarm is sounded.

1.12 You agree that you will comply with all statutes and other laws and regulations in relation to your use of the Room and the Flat.

1.13 We may seek from you, as damages, any costs we incur in repairing any damage to the Room and/or in replacing any of the Contents of the Room and the Flat, which damage is caused by you or your failure to observe and comply with your obligations under this Licence Agreement.

1.14 You agree to report any accident or any incident that could potentially impact the health and safety or wellbeing of others in or around the Building to us as soon as possible after it occurs and in any event no later than within 48 hours after it occurs and, if reasonably requested to do so by us, you agree to complete an incident or accident form and return it to us.

1.15 You agree that if required by us you will pay a fair and reasonable amount in respect of the joint use of utilities provided to the Building Common Areas.

1.16 You agree that you will occupy the Room and the Flat for personal residential purposes only and that you will not carry on any profession, trade or business whatsoever in the Room or any other use other than private residential. This includes, for the avoidance of doubt, using the Room or the Flat as the registered office of a company or any other legal entity.

1.17 You agree to comply with all applicable laws, regulation and official guidance made by the United Kingdom Government (or the relevant devolved administration if applicable) in response to the Coronavirus pandemic while in the Building.

1.17.1 You agree that you will not use the Room or the Building or the Flat for any improper, immoral or illegal purpose nor in any way which may, in our reasonable opinion, be a nuisance, damage or annoyance to the other licensees of the Building, any adjoining premises or to us, and in particular, you will not:

1.17.2 cause any noise which could cause a nuisance to or interfere with the quiet enjoyment of any other resident of the Building;

1.17.3 keep or use ‘legal highs’ or drugs, the possession or use of which is prohibited by law (including but not limited to the Misuse of Drugs Act 1971), and which if discovered You agree that We may remove these for disposal and/or handover to the authorities;

1.17.4 smoke in the Room or Building other than in any outside designated smoking areas. This includes ‘vaping’ and/or other forms of e-cigarette or cigarette substitutes that emit smoke or vapours. If you breach this clause, we may seek from you, as damages, all costs incurred by us as a result including an inspection fee to ensure the proper operations of the fire detection equipment and/or a cleaning fee to have the area cleaned (details of these costs may be obtained from the Resident’s Handbook);

1.17.5 keep or use any firearms (including airsoft and ball bearing guns), knives (other than domestic kitchen knives), or any weapons of any kind in the Room or Building, and which if discovered You agree that We may remove these for disposal and/or handover to the authorities;

1.17.6 harass, intimidate, threaten or assault any other occupants of the Room or the Building or their guests or any of our employees or any other person, or threaten to do so;

1.17.7 tamper with our fire prevention systems and control equipment (including not maliciously, recklessly or negligently activating such fire prevention systems). In the event that you are found to be in breach of this clause you agree we may report you to the local Fire and Rescue Service, Fire Safety Officer, who may decide to prosecute. We may also seek damages from you including the cost to have any fire safety equipment inspected to ensure its continued effective operation;

1.17.8 use designated fire escapes except for the purposes of emergency escape;

1.17.9 obstruct any means of access within the Building;

1.17.10 keep bicycles (or similar) in any part of the Building other than in areas designated by the Manager;

1.17.11 keep, store or use any liquid or gaseous fuel, noxious or explosive substances or compressed gases, gas or oil heaters or other fuel burning appliance in the Building, including deep fat fryers and candles, and which if discovered You agree that We may remove these for disposal;

1.17.12 keep any animal, bird, insect or reptile in the Room or the Building Common Areas or the Flat Common Areas, except as permitted by us in accordance with the Support Animal Policy in place at the Building from time to time;

1.17.13 damage or leave in a dirty or untidy state any parts of the Building;

1.17.14 alter, modify, decorate, add to or in any way interfere with the structure of the Room, the Contents or the Building;

1.17.15 fix anything to the interior of the Room in any manner which may damage the structure or decoration of the Building or the Building Common Areas or the Flat Common Areas or place anything outside the windows of the Room or Building Common Areas or the Flat Common Areas;

1.17.16 dry items of laundry on the heaters within the Building or Room, nor hang them so as to be visible from the outside of the Building;

1.17.17  flush sanitary items down the toilet, or pour oil or grease down the drains nor do anything else likely to block or harm the drains;

1.17.18 drain or allow to be drained any food waste or cooking oil down the kitchen sink as this will block the drains. If you breach this clause we may seek damages from you including the cost to have your drains unblocked;

1.17.19 tamper with fixtures and fittings including, without limitation, space heating and lighting equipment, kitchen and bathroom fittings and equipment, fire safety equipment, fire doors and restrictors on the windows;

1.17.20 erect any external wireless or television aerial or satellite dish;

1.17.21 tamper with any window restrictors or seek to override their use through the use of proprietary tools;

1.17.22 do anything in the Room, or the Building Common Areas, or the Flat Common Areas which would prejudice or increase the premium payable for the policy of insurance of the Building for the time being in force;

1.17.23 compromise the security of the Building by leaving windows open when not in the Room, leaving security doors open or ‘on the latch’ or allowing unauthorised access through ‘tailgating’;

1.17.24 use or allow to be used any electrical item that does not conform to the European Union standards for electrical goods and/or which does not carry the EU ‘CE’ conformity marking. If on inspection or other occasion where such objects are found You give us permission to remove such items without payment of compensation which in Our opinion may not be electrically safe. Any such items removed will be returned to You at the end of Your licence;

1.17.25  use rice cookers or deep fat fryers in the Building at any time;

1.17.26 leave cooking unattended at any time;

1.17.27 import, smuggle or take delivery of goods that have been illegally imported for the purpose of evading the payment of duty and/or other taxes and in particular tobacco products. In the event we suspect that suspicious parcels are being delivered to the sites you agree that we may intercept these, examine the contents and if necessary withhold the contents and inform the appropriate authorities;

1.17.28 photograph or record using any other digital media, members of Building staff without express consent;

1.17.29 bring into the Building any additional appliances or furniture which supplement the facilities provided by the Licensor. This includes, additional refrigerators, freezers, washing machines, bookcases, chests of drawers, wardrobes, portable cookers, gas powered barbeques, spin dryers, or any other device that in the opinion of the Operations Manager is inappropriate for use in the property. If you breach this clause, we reserve the right to enter the Room and remove such appliance or furniture and you agree that we may seek from you, as damages, all costs incurred by us as a result of such breach including any inspection and removal fee; and

1.17.30 use electrical extension leads that do not have a safety cut off switch or isolating switch and which do not have the EU ‘CE’ markings. You must not daisy chain such extension leads by plugging them together in-line. You give us permission to remove such installations or devices

1.18 You agree that you will allow us (and those authorised by us), with reasonable written notice (except in cases of emergency), to enter the Room at reasonable times (causing as little inconvenience as possible), to:

1.18.1 inspect its condition;

1.18.2 carry out viewings of the Room with prospective licensees or purchasers of the Building;

1.18.3 carry out any necessary alterations to the Room and/or Building; and

1.18.4 maintain, repair and, if necessary, replace the Service Media and any pipes, cables, wires, drains and sewers within the Room.

1.18.5 carry out any inspections required by law and to carry out any works, repairs, maintenance or installations required by law.

1.18.6 You agree that you will allow us to access your Room without notice in the following circumstances:

1.18.7 we suspect that you are using illegal substances such as drugs or other substances harmful to health including legal highs;

1.18.8 to allow us to check on your welfare if we have information or suspicion that you are at risk and we have not been able to raise you or get an acknowledgement through knocking at your door;

1.18.9 in circumstances where we suspect bad conduct or a risk to your safety or the safety of other occupants or staff;

1.18.10 where we suspect a risk of damage to the Building;

1.18.11 where we are requested to allow access by the Police or other Emergency Services with or without a warrant; or

1.18.12 to carry out emergency repairs.

1.19 You agree to comply with the Residents Handbook and, in particular, we may seek from you any damages suffered by the Licensor which accrue during the Licence Period by reason of any breach of the Licensee’s obligations in this Licence Agreement.

1.20 You will inform the appointed manager of the Building if you are likely to be absent for more than 28 days.

1.21 You will remove all refuse/rubbish from the Room, Flat Common Areas or Building Common Areas to the designated waste collection and recycling points at least once every week.

1.22 You will make sure that any guests/visitors you may have to the Building comply with the provisions of this Licence Agreement and Our guest policy in place at the Building from time to time as regards use of the Room or Building and you agree that you will be responsible for the conduct of such guests/visitors and will be in breach of these Licence Terms and Conditions if they fail to comply with the provisions of this Licence Agreement in relation thereto.

1.23 You agree that you will not allow guests who are under 16 to stay in the Building overnight and/or beyond 10.00pm.

1.24 You will obtain prior written approval from the appointed manager of the Building to any party or meeting of more than 6 people. You will ensure that all gatherings arranged by you or taking place in the Building respect the terms of this Licence Agreement.

1.25 You agree that you will not tamper with, remove, replace or otherwise interfere with the locks to your Room and/or Flat including any locks or restrictors designed to prevent you from falling from the window.

1.26 You acknowledge that your acceptance of this licence and occupation of your Room will result in your ineligibility to participate in any local authority designated or controlled Permit Parking Zone within the location of the Building where applicable.

1.27 In the event that the Building is Twerton Mill, Bath, you warrant that you will not keep a motor vehicle within 3km of the Building unless you are the holder of a valid disabled parking permit.

1.28 In the event that the Building is Signal Place, Nottingham, you warrant that you will not keep or use a motor vehicle within the boundaries of the city of Nottingham, except for one journey at the beginning and end of each Licence Period. This journey is solely for the purpose of transporting you and your belongings to or from the Building, and the vehicle must be removed from and not otherwise kept or used within the city of Nottingham.

5. TRANSFER OF LICENCE

You agree that you will not assign, sublet, sub-licence or charge the Room or any part of it or part with possession or share occupation of the Room or any part of it under any circumstances. If you wish to end your licence early and have found a replacement licensee for the Room we will, acting reasonably, consider terminating your licence and entering into a replacement licence with the new occupier, subject to Licence Takeover provisions in the Booking Terms and Conditions.

6. WHEN YOU LEAVE

1.1 By no later than 10am on the last day of the Licence Period (however and whenever it ends) you agree to:

1.1.1 return the Room, the Contents and the key and/or fob to the Room to us in the same condition as it was at the Licence Start Date.

1.1.2 remove all personal possessions and all rubbish from the Room. If any of your personal possessions are left at the Room in breach of this provision, we may seek damages from you including all reasonable removal charges. We may remove any items left and you agree that we may dispose of the items.

1.1.3 make sure that any refuse/rubbish is disposed of in the external bins provided for the purpose.

1.1.4 If by mutual agreement we allow you to end your licence early, you agree to sign a letter of termination prior to your departure. In the event we agree to this course of action, there is no obligation upon us to make any repayment of the Licence Fee.

7.YOUR BOOKING FEE

If you have paid a Booking Fee, you agree that your Booking Fee will be treated as a payment towards your first payment of Licence Fee and will be credited to your Licence Fee account. 

1.FAILURE TO CHECK IN

If you have not taken occupation of the room within 14 days of your licence start date (without providing a written explanation which is satisfactory to us), and we have made not less than three attempts to contact you using the contact information you supplied to us when booking this licence agreement and you have failed to respond, we will treat such failure as an unconditional offer to surrender this licence agreement.

At such point we may remarket the room and upon successful completion of a licence agreement with another individual we will be deemed to have accepted such offer to terminate on the contracted start date of a licence agreement with another individual which will be the “termination date”. You will remain liable to pay any licence fee, costs or expenses as due under this licence agreement until either the termination date or the licence end date (whichever happens first) and we reserve the right to pursue you for any outstanding costs or licence fee arrears.

For the avoidance of doubt, nothing in this clause 8 shall create any obligation on us to re-market the room and/or grant a new licence agreement to a third party.

2. AGREEMENTS AND DECLARATIONS

It is agreed between you and us that if:

The whole or any part of the licence fee is unpaid for one month after it becomes due (whether legally demanded or not); or

There has been a breach, non-performance or non-observance of your obligations under this licence agreement and/or the booking terms and conditions you agreed to when you paid your booking fee; or

You are found to be in breach of the warranties set out in clauses 9.2 and 0 if repeated during the licence agreement and we reasonably believe that your conduct may be a risk to the safety, health or well-being of other licensees;

Not used,

Then we reserve the right to take steps to terminate the Licence Agreement. Notwithstanding such termination, Your obligation to pay the Licence Fees due pursuant to this Licence shall survive such termination.

You warrant (confirm) that neither you nor the guarantor are listed on any sanctions lists, including but not limited to those maintained by hm treasury, the office for foreign assets control sanctions list, the European union or the united nations and you and the guarantor covenant not to become listed thereon;

You warrant (confirm) that you do not have any unspent convictions.

THE GUARANTOR:

Gives us express consent to use the guarantor’s details to undertake searches against sanctions lists, including but not limited to those maintained by HM treasury, the office for foreign assets control sanctions list, the European union or the united nations;

Acknowledges that we may need to request additional information to verify the guarantor’s identity in connection with the searches carried out under clause 9.4.1 and agrees to cooperate with any such requests; and

Agrees that the licensor may terminate this licence in accordance with clause 9.1of this licence agreement if you fail to cooperate with any request(s) made by the licensor pursuant to clause 9.4.

It is a condition of this licence agreement that if we have reasonable cause to believe that you have committed any act of fraud or other similar criminal activity in entering into this licence agreement or making any payment due under this licence agreement, you will be in breach of its terms and we may terminate the agreement in accordance with clause 9.1.

You warrant (confirm) that you are a student at a higher education establishment in England and Wales and you covenant to continue to be a student at a higher education establishment in England and Wales. If you are found to be, or inform us that you are no longer a student at a higher education establishment in England and Wales, we reserve the right to terminate this licence agreement in accordance with clause 9.1.

You will provide any necessary documentation in respect of your student status either to us or if requested to the local authority for the purposes of exempting you from paying council tax. Responsibility for paying council tax lies with you unless an exemption is given, and you acknowledge that you will meet any sums due in respect of council tax determined by the local authority. For the avoidance of doubt the determination of the start and end dates of any exemption will be by the local authority and may cover only the dates of your course which may be shorter than this agreement.

You will advise us of any change in your student status and if you are found to be, or inform us that you are no longer a student at a higher education establishment in England and Wales, without prejudice to clause 9.7, you will remain liable for the licence fee payable for the period of this agreement and any council tax or other charges resulting from your change in student status.

We may seek from you, as damages, all costs and expenses (including (without limitation) legal costs), incurred by us in or in reasonable consideration of proceedings to recover possession of the room and/or outstanding licence fee and/or any other sum incurred as a result of you not performing your obligations under the licence agreement.

It is agreed between you and us that if the room and/or building are destroyed or are otherwise damaged so as to make the room incapable of occupation, then we or you may end the licence agreement by giving the other one month’s written notice.

You agree that neither the licensor nor the manager are responsible or liable for any costs, expenses, losses, liabilities, damages or actions of any nature whatsoever relating to or arising out of disputes between licensees or other occupiers of the building.

To the extent permitted by law, neither we nor the manager will be liable to you or any of your guests for injury, damage, or loss to person or property caused by criminal conduct of other persons including theft burglary, assault, vandalism or other crimes or your personal conflict with other licensees or occupiers of the building.

GUARANTEE

The provisions of this clause 10 apply to this licence agreement if the licence letter contains details of a guarantor set against the ‘guarantor’s full name’ principal term.

The guarantor guarantees to us that the licensee shall pay the licence fee and any other amount due under this licence agreement and observe and perform the licensee’s covenants under this licence agreement and that if the licensee fails to pay the licence fee or other amount due or to observe or perform any of the licensee’s covenants, the guarantor shall pay or observe and perform them.

The guarantor covenants with us as principal obligor and as a separate and independent obligation and liability from its obligations and liabilities under this clause to indemnify and keep indemnified us against any failure by the licensee to pay the licence fee or other amount due or any failure by the licensee to observe or perform any of the licensee’s covenants under this licence agreement.

If you breach the licence agreement at any time during the licence period, the manager reserves the right to advise the guarantor of any such breach without prior notice.

THE LIABILITY OF THE GUARANTOR SHALL NOT BE REDUCED, DISCHARGED OR OTHERWISE ADVERSELY AFFECTED BY:

Any time or indulgence granted by us to the licensee;

Any delay or forbearance by us in enforcing the payment of the licence fee or other amount due or the observance or performance of any of the licensee’s covenants under this licence agreement or in making any demand in respect of them;

Us exercising any right or remedy against the licensee for any failure to pay the licence fee or other amount due or to observe or perform the licensee’s covenants of this licence agreement; or

The licensee dying or becoming incapable of managing his or her affairs.

DATA PROTECTION

We from time to time shall gather, share and use information provided by the licensee or obtained from other sources for the purpose of managing this agreement in accordance with data protection laws and as set out in our privacy notice which is available at https://www.iqstudentaccommodation.com/privacy-policy and privacy centre at https://www.iqstudentaccommodation.com/privacy-centre. In addition to storing and using this information for our own purposes, we will share such personal data with certain third parties including relevant utility suppliers, any local authority, the university and the agent. You shall provide us with your forwarding address at termination of this agreement. We will use and share the guarantor’s personal data (if applicable) in the course of exercising our rights under this agreement against the guarantor (if applicable).

You expressly consent to us sharing your information with selected third parties in the event that we have serious concerns surrounding your health or well-being so they can provide you with support or otherwise take any necessary steps, including your named next of kin, emergency contact, guarantor, university and agent (including university and / or agent’s welfare team) and/or any other person whom you have nominated for this purpose.

SEVERABILITY

If any term, condition or provision contained in the Licence Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of the Licence Agreement shall not be affected.

NOTICES

You are hereby notified that you may serve notices (including notices in proceedings) on us at the following address:

 

IQ Student Accommodation

7th Floor East

Cottons Centre

Cottons Lane

London SE1 2QG

 

The addresses for service of notices on you and/or the Guarantor (if applicable) are the addresses of those parties as set in the Licence Letter.