Leased Property Agreement for managed properties
The Landlords:
The University Court of the University of St Andrews per Residential & Business Services
Agnes Blackadder Hall, North Haugh, St Andrews, Fife KY16 9XW
LEASE AGREEMENT (“The Contract”) between:
- THE UNIVERSITY OF ST ANDREWS, having its central accommodation office at Residential and Business Services, Student Accommodation Services, Agnes Blackadder Hall, North Haugh, St Andrews, Fife, KY16 9XW, a registered Scottish Charity (Charity Number SC013532) (‘the University’).
- AND the student described in the Offer of Accommodation who is undertaking a course of study at the University and hereby referred to as ‘The Tenant’.
WHEREBY WE, the Landlords, hereby offer to lease to the Tenant/s the flat/house ‘As indicated on the Accommodation Offer’ (“the Property”) together with the fixtures and fittings and contents as detailed in the Inventory annexed hereto (“the Contents”) and that on the following terms and conditions namely:
1 Definition
1.1 If the Tenant is two or more persons, each of them as individuals shall be liable jointly and severally, to implement the Tenant/s' obligations as set out hereunder and the word Tenant/s throughout these presents shall be interpreted accordingly.
2 Period
2.1 The period of the tenancy (“Period of Tenancy”) shall be ‘As indicated on the Accommodation Offer’.
3 Rent
3.1 The rent for the full Property shall be at the rate ‘As indicated on the Accommodation Offer’ for the full period of this Agreement. This sum excludes Council Tax and all services and is payable in advance.
3.2 Payment should be made in full on or prior to the Date of Entry or by agreeing an instalment plan with the Finance Office who can provide information on the different payment options available from the University.
3.3 The Tenant/s shall be obliged to pay the Rent in accordance with the agreed payment schedule agreed with the Finance Office. The Tenant/s will not be permitted to re-enter University owned or managed accommodation while any debt is outstanding. The Tenant/s must agree to an acceptable repayment schedule with the Finance Office prior to applying to re-enter University accommodation. A late fee is chargeable if the Tenant/s default on an agreed payment schedule. Details about payment options for residence fees are available at www.st-andrews.ac.uk/students/money/fees.
4 Person in Charge
4.1 In the event that the Tenant is two or more persons, one Tenant shall be administratively responsible to the Property Manager, Residential & Business Services.
5 Terms of Tenancy
5.1 The Tenant/s agree that the premises are let to them in consequence of their attendance at the University of St. Andrews and it is agreed that they will be bound to give up the tenancy when they cease to be students of the University. This tenancy is granted in accordance with Section 2(1)(c) of the Rent (Scotland) Act 1984 and in the event of the Tenant/s ceasing to be students, possession of the premises may be recovered by the Landlords under Ground 4 of Part 1 of Schedule 5 of the Housing (Scotland) Act 1988.
6 Offer, Period of Tenancy and Cancellation
6.1 The Offer of Accommodation and the Rent remain valid for seven days from the date the Contract is sent to the Tenant/s, after which time the Offer of Accommodation will lapse if the Tenant/s has not accepted it and the University has the right to change the terms and conditions of any subsequent Offer of Accommodation.
6.2 The Period of Tenancy is for a fixed period and the Tenant/s will continue to be liable for the rent during the entire Period of Tenancy.
6.3 In the event of any one or all of the Tenant/s wishing to vacate the Property prior to the date of termination of this Lease, it shall be the responsibility of the Tenant/s to find replacement Tenant/s who meet with the approval of the Landlords or their agents. In the event that the Tenant/s are unable to find acceptable replacement Tenant/s, the Tenant/s shall remain liable jointly and severally for the rent and charges in respect of the Property until the end of the rental period.
6.4 The University will accept cancellation made in writing to Student Accommodation Services on the following ‘cancellation’ conditions:-
6.5 Living in University accommodation:
If The Tenant/s accepted the Offer of Accommodation but choose to leave the accommodation before the End of Tenancy, and The Tenant is still a registered student, they will be liable for the rent during the entire Period of Tenancy.
6.6 Studying outside St Andrews:
If the University requires the Tenant/s to study away from St Andrews as part of their course, they may terminate the Contract providing they give a minimum of four weeks’ notice in writing and Student Accommodation Services receive Faculty confirmation of their absence for academic reasons.
6.7 Leave of Absence or Withdrawal from Studies:
If Tenant/s are temporarily taking a leave of absence from their studies, have had their studies terminated or suspended or are formally withdrawing from the University, they are required to contact Student Accommodation Services using their University email address regarding termination of the Contract. Tenant/s must contact Student Accommodation Services as soon as they receive notification from Registry that they are no longer a currently registered student. If Tenant/s have withdrawn from the University and are no longer a currently registered student, they are no longer eligible to remain in University accommodation. Should Tenant/s require more than 5 days to vacate the accommodation from the date they receive notification from Registry they must contact Student Accommodation Services using their University email address to agree the date they will leave.
Tenant/s will remain liable for their Rent and will be charged accommodation fees up until the end of the Semester in which they leave. If Tenant/s have not matriculated nor moved into their accommodation before the end of week 5 of their accommodation Contract, they will only be liable for accommodation fees up to the date faculty confirmation is received that they are leaving. If Tenant/s do not return their keys following their leave of absence or withdrawal, or suspension of studies, they will be charged for both the cost of replacing the keys/access card and for the replacement locks.
7 Acceptance of Conditions
7.1 The Tenant/s accept the Property, fixtures and fittings and contents as being clean, fit for purpose in which they are let, and in good and tenantable condition and repair and agree to keep the same to the satisfaction of the Landlords throughout the period of the Lease and to leave the same in good and tenantable condition and repair at the termination of this Lease, fair wear and tear being excepted.
7.2 It is the responsibility of the Tenant/s to notify the Landlords of any defects or repairs becoming necessary in or to the Property, the fixtures and fittings and the Contents as soon as is reasonably possible. In the event of the Tenant/s failing to notify the Landlords of such defects or necessary repairs, at the sole discretion of the Landlords the Tenant/s may be held liable for the cost in whole or in part of such necessary repairs when discovered by the Landlords or their agents. It is agreed that the cost of any cleaning or other repairs or replacements necessary to return the Property to a clean and tenantable condition to the satisfaction of the Landlords or their agents caused deliberately by the Tenant/s or through their carelessness or neglect will be charged as outlined in [clause 10] and that the Landlords will be entitled to recover from the Tenant/s any such costs incurred.
8 Furniture
8.1 An Inventory of the Contents within the Property will be made available by the Landlords. A copy of the Inventory will be provided to the Tenant/s at the Date of Entry which requires to be checked by the Tenant/s within 48 hours of the Date of Entry and returned to the Property Manager, Residential & Business Services within the same period.
8.2 The Inventory will also be checked at the expiry of the Lease and the Tenant/s must be present. The Tenant/s agree to pay the cost of replacing or making good any losses, breakages or damage which has occurred during the tenancy to the contents other than damage caused by fair wear and tear or by storm or fire. Where the Landlords have provided furniture and effects and in particular, but without prejudice to the generality, washing machines, spin dryers, other laundry and kitchen equipment and telephones and other services for use by the Tenant/s in common with other occupiers of the building of which the subjects hereby let form a part, the whole occupiers of said building having a right to use such furniture and effects shall have a joint and several liability to pay the cost of replacing or making good any losses, breakages or damage to said furniture and effects as foresaid. The Tenant/s further agree at the expiration of the tenancy to leave the furniture, furnishings and other contents of the house in the same rooms and in the same positions as shown on the Inventory. In the event of any of the Tenant/s leaving before the expiry of this Lease it will be in the interests of any replacement Tenant and the remaining Tenant/s to check the Inventory with the outgoing Tenant in order that the cost of any losses, breakages or damage properly attributable to the outgoing Tenant can be recovered from him/her as otherwise the remaining Tenant/s and replacement Tenant will be wholly responsible for such cost.
8.3 Any discrepancy on the Inventory or damage to the subjects, which are attributable to the outgoing Tenant, should be notified to Residential & Business Services within 48 hours of departure of the outgoing Tenant. The Tenant/s also agree that any upholstered furniture belonging to them and brought into the property during the tenancy must comply with the Furniture & Furnishings (Fife & Safety) Regulations 1988, with each piece of furniture bearing a label stating compliance.
9 Access
9.1 The Tenant/s agree to allow access to the Landlords or their agents at all reasonable times in order to allow them to carry out a periodic inspection of the Property and Contents. The Landlords or their agents reserve a right of access for the purposes of carrying out works in order to secure the Property or carry out repairs.
10 Tenant damages
10.1 Tenant/s will be charged for any damage which occurs during the tenancy to the Property or Contents which are not due to fair wear and tear. An inventory detailing the condition of the Property and the Contents shall be drawn up by the Landlord prior to the Date of Entry. The inventory shall be provided to the Tenant/s on the Date of Entry and the Tenant/s will be entitled to report any further damage not detailed in the inventory within the first two working days of the Date of Entry. If no report is received from the Tenant/s then the Landlord has the right to assume that the inventory which was provided on the Date of Entry is accurate and this will be used at the final inventory check on the day of departure to determine any damage charges.
11 Use of the property and prohibitions regarding assignation and sub-letting
11.1 The Property is let as a private dwelling house for living accommodation only and for no other purpose whatever and the Tenant/s shall not have the right to assign or sub-let the lease, in whole or in part. The Tenant/s shall not cause the Property to be occupied by anyone other than the Tenant/s. In the event of the Tenant/s intending to leave the Property unoccupied for a period exceeding one week they shall be bound so to advise the Property Manager/Deputy Property Manager of Residential & Business Services who may require the Tenant/s to drain off the water pipes and tanks in the subjects to prevent frost damage or to take similar preventive measures.
11.2 The Tenant/s shall not use the Property or permit them or any part thereof to be used for any offensive, noisy or noxious trade, business manufacture or occupation or any purpose which may be, or grow to be, a nuisance or annoyance or cause disturbance to the owners or occupiers of any adjoining or neighbouring properties and shall not use or permit to be used the Property for any sale by auction, exhibition or public meeting or entertainment on the Property. No professional notices, nameplates or advertisements will be applied or exhibited in or on the Property. No paraffin heaters will be used to heat the Property and Calor or other bottled gas heaters will not be used.
12 Visitors and guests
12.1 The Tenant/s will be responsible for the behaviour of any guests or visitors while such guests or visitors are in or on the Property and associated common areas and facilities and will be held liable for the cost of making good any losses, breakages or damages to the Property and associated common parts and facilities occasioned by such guests or visitors.
13 Utilities
13.1 The Tenant/s are obliged to transfer the utility/service accounts into their names on the Date of Entry. The Tenant/s will pay all charges for electricity and gas as recorded by meter and all charges for telephone rental and calls as well as dialled units and for any charges for reconnection and transfer of service, which may arise in consequence of the tenancy. The Landlord will have no liability in this regard. Where a telephone is installed and already connected, the Tenant/s shall not be entitled to have it disconnected but will be responsible for the rental of the same, whether they make use of the telephone or not.
14 Cleaning stair and common obligations
14.1 The Tenant/s shall be responsible along with any other occupants in the building for keeping clean the common stair and landing serving their Property and the common passageway within the building and for carrying out any other common obligations incumbent upon them as residents in the building as regards upkeep of the back ground or garden common to the building or any other common parts of the Property. The Tenant/s shall pay the cost of replacing or making good any losses or breakages or damage to common stairs, landings, passageways, cycle stores and any other common parts of the Property other than that caused by fair wear and tear. The Tenant/s shall not cause any blockage to or hindrance of free movement along any hallway, common passage or stair in the Property or building which must be kept free at all times in case of emergency.
15 Decoration
15.1 Redecoration of the Property or structural alterations is strictly prohibited except with the prior consent in writing of the Landlords or their agents. The Tenant/s will at no time throughout the duration of the Lease use blu-tac or sellotape or any other adhesive on the interior walls or woodwork or on any other part of the Property for displaying posters or for any other purpose. The limited use of drawing pins or map pins only is permitted. The driving of nails into the plasterwork and of nails, drawing pins, map pins, etc. into woodwork is specifically prohibited.
16 Garden
16.1 The Landlord shall carry out routine maintenance of the garden however the Tenant/s shall also be obliged to keep the garden tidy and leave it in such state at the end of the Lease as it was at the Date of Entry. No trees shall be cut down or removed or any alteration made to the garden without the written consent of the Landlords or their agents.
17 Prohibition regarding depositing rubbish
17.1 The Tenant/s shall not deposit any refuse or bottles in or on the Property or on the doorstep, stair, landings, common passageway or footpaths. All rubbish, bottles and other such items will be placed in the dustbins provided in the Property and the dustbins shall be kept in their proper place within the Property or in the garden as the case may be. On the days of dustbin collection the Tenant/s will ensure that their dustbin is removed from the street or common passageway without delay to avoid any nuisance or hazard to other occupants or passers-by.
18 Animals
18.1 The keeping of animals, reptiles, birds or domestic pets of any kind at the Property is strictly prohibited.
19 Prohibition regarding keeping of vehicles within subjects
19.1 The Tenant/s shall not keep or permit to be kept any motor car, motorcycle or other vehicles including bicycles, trailers or caravans within the Property other than in any private garage, lock-up or car port associated with the Property.
20 Damage
20.1 It is agreed that if the Property or any part thereof shall be rendered unfit for use by fire or by reason of any defect or want of repair in the building during the period of this Lease, a just proportion of the rent according to the extent of the injury sustained shall cease to be payable for so long as the Property or any part thereof shall remain unfit for use but this clause shall not apply if any damage or defect is caused by an act, omission or default of the Tenant/s, or if the Property or any part thereof are rendered unfit for use by the reason of the Tenant/s failing to notify the Landlords timeously of any defect or repair becoming necessary of which the Tenant/s might reasonably be expected to be aware.
21 Insurance
21.1 The Tenant/s should familiarise themselves with the Universities insurance policy. Further information can be found at: www.cover4insurance.com/insurance-products/block-halls/st-andrews-university. The Tenant/s will however be responsible for the insurance of such of their personal effects as they deem necessary.
22 Fire detection equipment
22.1 The Tenant/s accept responsibility for the provision and maintenance of the smoke detection equipment and for ensuring that they are fully operational at all times. The Tenant/s are also responsible for testing the smoke detection equipment on a weekly basis and for recording the results on the test sheet provided. The Tenant/s will notify the Landlords of any faults or defects relating to this equipment and also of any use of the fire fighting equipment provided in the Property.
23 Non-smoking policy
23.1 There is a non-smoking policy operating throughout the Landlords owned and managed accommodation. Tenant/s are not permitted to smoke in any part of the Property or to allow any guest or visitor to smoke in any part of the Property.
24 Candles
24.1 The burning of candles on the Property is strictly prohibited.
25 Fire and electrical safety
25.1 The Landlord will not be liable for any damage or injury caused by any electrical equipment belonging to the Tenant/s within the Property. The Tenant/s shall be solely liable for the use and consequences of the misuse of any said electrical equipment. The Landlords, if informed by the Tenant/s, will certificate all items of electrical equipment brought into the Property by Tenant/s at the start of semester. Any items brought into the Property by the Tenant/s after the start of semester will need to be tested and certified at the Tenant/s’ own expense. Plugs must be wired in the correct manner and fused according to the manufacturers’ instructions. A separate plug must be used for each piece of equipment. If additional sockets are required, multi-way distribution boards with 13 amp-shuttered outlets must be used. Cube adaptors are not permitted.
25.2 The use of all high powered electrical equipment, irons and cooking apparatus of any kind, (including without limitation, rice cookers and, kettles), is not permitted in bedrooms. Additional electric rings/mini induction or other hobs, fridges, freezers and microwaves (other than those provided by the University), deep fat fryers, electric blankets and any electrical equipment brought from outside the UK, is not permitted anywhere in the Property. The use of small scale domestic electrical equipment (including without limitation kettles, toasters, rice cookers), is only permitted in fully self-catered kitchens, and all such equipment must be subject to electrical safety compliance and certification via a suitable PAT test.
25.3 The Property Manager/Deputy Manager of Residential and Business Services has the right to refuse the use of (and, if necessary, remove from the Property) any piece of electrical equipment within the Property. The Tenant/s should not:
25.4 Bring into the Residence any electrical kitchen or cooking equipment from outside the United Kingdom as it may not be compatible with the voltage system and will fail the electricity safety certification; this includes adaptors and power leads. The Tenant/s can bring computers or mobile devices (i.e. laptops, phones, tablets, ipads) but they must meet the Universities’ electrical equipment certification and use a United Kingdom power cable that is purchased in the United Kingdom, abuse the fire alarm or associated safety systems and equipment, including covering smoke detectors, use candles, naked flames, decorative string lights, or joss sticks or do anything else which may constitute a fire hazard.
25.5 Use fireworks, electric heaters, paraffin heaters, halogen heaters or gas heaters on the premises, interfere with electrical wiring or equipment nor overload any electrical circuits by the use of too many electrical appliances. Personal electrical equipment used, including connecting leads, must be serviceable and in a safe condition.
26 Discipline
26.1 The Tenant/s shall be subject to the Code of Discipline applicable to all students in University provided accommodation. Tenant/s must ensure that they act within the law (and where applicable their guests/visitors) do not:
26.2 Bring illegal drugs into the Property or misuse drugs in any part of the Property;
26.3 Cause other Tenant/s or neighbours any injury, disturbance, disruption, distress, annoyance, nuisance, harassment, inconvenience or damage to their property;
26.4 Act in a manner as to endanger the wellbeing of members of the University and/or the good order of the Property, or which is likely to bring the University into disrepute. This includes (without limitation), for example, damaging fittings/furniture or anti-social behaviour resulting from excessive consumption of alcohol and/or consumption of drugs;
26.5 Cause any excessive or unnecessary noise in the Property;
26.6 Bring firearms and/or any other dangerous or offensive weapons (including, without limitation, any replica firearms/weapons or parts of a weapon/firearm) onto any part of the Property.
26.7 Hold social functions/parties on the Property without the prior written consent of the Property Manager/Deputy Manager of Residential and Business Services.
26.8 Hang banners or flags or similar materials in windows or on the outside of the Property.
27 Eviction
27.1 The Tenant/s agree to remove and vacate the house on the termination of the Lease without any legal warning or process of removal and it is accepted as a condition of this Lease that in the case of default of payment of rent or breach of any of the conditions of this Lease the Landlords may give notice in writing to terminate the tenancy within four weeks from the date of such notice and without further warning re-enter and take possession of the Property together with the contents and that without prejudice to the Landlords' rights to recover any of the rent or other sums that may be due or may become due.
28 Arbitration
28.1 In the event of any dispute or difference arising between the Landlords and the Tenant/s with regard to this Lease, the same shall be and is hereby referred to the decision of one arbiter to be mutually appointed or in the event of the Landlords and the Tenant/s failing to agree upon the arbiter to be appointed, then the arbiter shall be appointed by the Sheriff of Tayside, Central and Fife at Cupar on the application of either of the parties or their representatives.