Common use of Termination of this Contract Clause in Contracts

Termination of this Contract. 4.1.1 The University may terminate this agreement in any of the following circumstances:- (a) if you have failed to pay the whole or any part of the Residence Charge or any other payment under this agreement and the Residence Charge or payment has been outstanding for 21 days or more; or (b) where you have committed a serious breach or persistent breach of the conditions of this agreement 4.1.2 The University may also terminate this Agreement by giving you not less than 4 weeks written notice if:- (a) the Student does not have status as a registered student of the University; or (b) in the reasonable opinion of the University the heath or behaviour of the Student constitutes a serious risk to him/herself or others or the University's or others' property; or (c) if any information supplied by the Student or on their behalf, in connection with the application to the University for a place in the Accommodation is untrue, inaccurate or misleading, or the Student fails to disclose relevant information which would amount to a misrepresentation, and the University considers (acting reasonably) that the relevant information makes the Student unsuitable to live in the Accommodation 4.1.3 The University may also terminate this Agreement by giving the Student not less than 10 days written notice if the Student has not taken up residence by the end of the first day of the Period of Residence (or such later date that the Student has agreed in advance with the University) and the Deposit will not be refunded Please note that except where the reason is related to the Student’s health the University shall be entitled to charge the Student £115 towards the costs of administration and cleaning the Accommodation. Please also note that if the Student does not leave the premises, the University must get an order for possession from the Court before the Student can lawfully be evicted. The University cannot apply for an order before the Notice to Quit or the Notice to Determine this Agreement has run out. (If you do not know if you have any right to remain in possession after a Notice to Quit or a Notice to Determine runs out you can obtain advice from a solicitor. Help with all or part of the costs of legal advice and assistance may be available under the Legal Aid Scheme. You should also be able to obtain information from a Citizens Advice Bureau, a Housing Aid Centre or a Rent Officer) 4.2 The Student may only terminate this Contract in accordance with the terms of this Contract and the early termination procedure set out in the Handbook and the Student will remain liable for the Residence Charge and his/her other obligations hereunder until (a) The Student has given notice to the University that s/he wishes to leave (for service of notice see clause 3.9); and (b) The Student makes payment for, or puts right, to the University’s reasonable satisfaction any breach of the Student’s obligations in this Contract; and (c) A replacement student who is satisfactory to the University (acting reasonably) as a tenant and who is not already a tenant of the University enters into a Contract with the University (the University will provide reasonable assistance to the Student in finding a replacement, but does not guarantee it will be able to find one); and The Student pays a fee of £115 towards the costs of administration and cleaning the Accommodation Conditions (b) to (d) shall not apply if the Student is able to show that the only reason for termination is a serious or persistent breach of the University’s obligations in this Contract, or because the Student is prevented from continuing his/her studies because of a disability. Where this Contract is terminated early because the Student is prevented from continuing their studies due to a disability, the Student will be entitled to a full refund of pre-paid Residence Charge for the unexpired proportion of the Period of Residence to which the pre-payment relates 4.3 The Student may apply to transfer to another room in the Residence or at another University residence but the Student must first: apply to the University for a transfer; pay to the University a £50 administration fee; have complied with their obligations in this Contract in all material respects. If the Student is permitted to transfer to another room, all the terms and conditions of this Contract are transferable to the new accommodation 4.4 If this Contract is terminated by the University for one of the reasons stated in clause 4.1 the Student will only be entitled to a refund of pre-paid Residence Charge for the period during which the University is able to re-let the Accommodation 4.5.1 If for any reason beyond the University’s control the Accommodation is not ready for occupation at the start of the Period of Residence (for example, if a prior occupier has refused to leave, or if the Accommodation needs work carrying out to it) the University will offer the Student comparable alternative accommodation and the Student will accept it (provided it is comparable or better). The Student shall be entitled to terminate this Contract if the Accommodation is still not ready for occupation after the first 4 weeks of the Period of Residence, as an alternative to accepting the substituted room. Where the alternative accommodation is in the same Residence as the Accommodation, and of the same or better type, and in good repair and condition, it shall be regarded as comparable and suitable, and shall not constitute a variation to what the University agreed to provide 4.5.2 The University reserves the right to move the Student to similar alternative accommodation in any circumstances including the following:- (a) for reasonable management reasons (e.g. where the University considers, acting reasonably, that it needs to carry out works to the Accommodation or the Residence, that the Accommodation or Residence is unfit for occupation, or where the Residence is not fully occupied); or (b) where the University reasonably considers that, because of the Student’s behaviour, it is necessary to move the Student from the Accommodation to protect their well-being or the well-being of others or to prevent damage to the Accommodation 4.6 If the University requests the Student to relocate: 4.6.1 the University will give the Student written notice of this, provide details of the alternative accommodation and notify the Student of the date on which they are to relocate. The University will give the Student reasonable notice of this date, taking into account the circumstances. This may mean that, in certain circumstances, the notice period may be as little as 24 hours; 4.6.2 save where Clause 4.5.2 (b) applies (unless the reason for the move is to protect the Student’s own well-being) or the Student is in breach of the Contract, if the similar alternative accommodation is not satisfactory to the Student (acting reasonably), the Student may terminate this Contract. If the Student wishes to do so, the Student must give the University written notice of this no later than 7 days after the date of the written notice that the University has given to the Student under Clause 4.6. 1. The Contract will then end on a date 7 days after the Student’s notice to terminate was given to the University, or such other date as the Student may agree with the University (acting reasonably). The University will refund any Residence Charge that the Student has paid in respect of the period after the termination date; 4.7 The Student may terminate this Contract if they withdraw from their course of study and satisfy the following conditions: (a) the Student gives to the University 7 days written notice of their intention to terminate this Contract and, in the notice, the Student specifies the date on which they wish the Contract to end and; (b) the Student encloses with their notice a copy of the University's official withdrawal/interruption of studies form issued by the relevant student office; and (c) the Student h as paid in full on or before the date on which they wish the Contract to end, all of the Residence Charge due in the Contract up to and including the date on which they wish the Contract to end 4.8 The Student may terminate this Contract if they are under 18 when this Contract is formed and:- (a) within two weeks after the Student’s 18th birthday they give to the University not less than 4 weeks written notice of their intention to terminate this Contract and in the notice, the Student specifies the date on which they wish the Contract to end and; (b) the Student has paid in full on or before the date on which they wish the Contract to end, all of the Residence Charge due in the Contract up to and including the date on which they wish the Contract to end 4.9 If the Student terminates the Contract under Clauses 4.7 or 4.8 and the Student moves out of the Accommodation by the date on which the Student has notified the University that they wish the Contract to end, the University will refund any Residence Charge that the Student has paid in respect of the period after the date on which the Student has notified the University that they wish the Contract to end.

Termination of this Contract. 4.1.1 5.1 Unless and until the Contract is terminated pursuant to this Clause 5, the Student undertakes to remain in occupation of the premises throughout the Period of Residence and make all payments under the Contract when they fall due. 5.2 The University may terminate this agreement in Contract at any of time by serving notice on the following circumstances:-Student if: (a) if you have failed to pay the whole or any part of the Residence Charge or any other payment sums under this agreement and Contract remain outstanding 30 days’ or more after the Residence Charge or payment has been outstanding due date for 21 days or more; orpayment (b) where you have committed a serious breach the Student has materially or persistent breach of persistently breached the conditions of this agreement 4.1.2 The University may also terminate this Agreement by giving you not less than 4 weeks written notice if:- Contract by, for example (a) without limitation), engaging in behaviour constituting a serious nuisance or annoyance to the Student does not have status as a registered student community (including other students, other residents, staff or other authorised users of the University; or) or of neighbouring property (this includes the Student having in their possession or control, controlled drugs or weapons that are illegal to possess or could cause harm to others); (bc) in the reasonable opinion of the University University, the heath or behaviour of the Student Student’s health constitutes a serious risk to him/herself or others or the health and safety and/or wellbeing of the Student and/or other students and/or staff, and/or presents a serious risk to other people’s property; d) the Student ceases to be a registered student of the University's , takes an interruption/deferment of studies, or others' property; oris excluded, suspended or withdrawn from the University; e) the Student allows someone else to live in their Accommodation; f) the Accommodation (or access to it) is damaged to the extent that it is not fit for habitation. If the University decides to terminate this Contract, you will be provided with at least 14 days’ written notice of termination, except where 5.2(b) or (c) if any information supplied by the Student or on their behalf, apply and in connection with the application to these circumstances the University may terminate immediately. The University is not obliged to follow the Breach of Licence procedure under clause 6 where it deems the reasons for termination under clause 5.2 are serious enough to terminate immediately or where such a place in the Accommodation is untrue, inaccurate or misleading, or the procedure may not be appropriate. 5.3 The Student fails to disclose relevant information which would amount to a misrepresentation, and may terminate this Contract at any time by serving written notice on the University considers (acting reasonably) that the relevant information makes the Student unsuitable to live in the Accommodation 4.1.3 The University may also terminate this Agreement by giving the Student not less than 10 days written notice if the Student has not taken complied with all his obligations under the Contract up residence to the date of termination and: a) the University is in material breach of its obligations under this Contract (examples of material breaches by the end University include (without limitation) persistent failure by the University to provide essential Services such as power or water, or failure within a reasonable time to repair serious damage to the Accommodation coupled with failure to offer alternative Accommodation where the damage renders the Accommodation uninhabitable); and/or b) the Student finds a replacement University student who is not already living in the University portfolio accommodation, who is reasonably acceptable to the University, who agrees to take over occupation of the first day Accommodation and assume all obligations of the Student under the Contract for the remainder of the Period of Residence (or such later date and who enters into an agreement with the University to that effect; and/or c) the Student has seeks release from the Contract on grounds of extenuating circumstances and these grounds are agreed in advance with by the UniversityAccommodation Services Team, at their sole discretion. 5.4 Upon any termination of the Contract under this Clause 5 the Student shall be liable for any breach of his or her obligations under the Contract which occurred before the date of termination. 5.5 On termination of the Contract the Student will remain liable for Residence Fees as follows: University Failure to pay sums owed after 30 days or more (5.2a) Remainder of Period of Residence unless or until the Accommodation is re-let (as per 5.3b) University Material or persistent breach by the Student of its obligations under the Contract 5.2b) Remainder of Period of Residence unless and until the Deposit will not be refunded Please note that except where the reason Accommodation is related to re-let (as per 5.3b) Student Concerns regarding the Student’s health (5.2c) The Student will only be liable for the portion of the Residence Fee up to the date the Student provides vacant possession of the Accommodation University Material breach of obligations/s owed by the University under the Licence (5.3a) The Student will only be liable for the portion of the Residence Fee up to the date the Student provides vacant possession of the Accommodation Student or University Student is no longer a registered student at the University (5.2d) 28 days after vacant possession of the Accommodation unless and until the room is re-let (as per 5.3b) Student University is required to transfer Student to alternative accommodation (3.3) The Student will only be liable for the portion of the Residence Fee up to the date the Student provides vacant possession of the Accommodation Student Student no longer wishes to live in the Accommodation but continues to study at the University Remainder of Period of Residence unless and until the Accommodation is re-let (as per 5.3b) Student or University Where the University exercises its discretion to waive some or all of the Residence Fee where the Contract has been terminated for reasons outside of the Student’s control/in exceptional circumstances The Student will only be liable for the portion of the Residence Fee up to the date the Student provides vacant possession of the Accommodation or up to a later date (prior to the expiry of the Period of Residence) as determined by Accommodation Services Team in their absolute discretion. Evidence will usually be required to demonstrate the reason for the Student is having to leave the Accommodation. Student or University All other circumstances Remainder of Period of Residence unless and until the Accommodation is re-let (as per 5.3b) 5.6 Upon termination of this Contract, for whatever reasons, the Student: a) must vacate the Accommodation, remove all personal belongings from the Accommodation, the Common Parts and the Halls of Residence and leave the Accommodation, the Common Parts and the Halls of Residence and all items belonging to the University in a reasonable state of cleanliness, tidiness and repair; b) must return the keys and fob and parking permit, if applicable, to reception; c) agrees that if any belongings or items are left in the Accommodation, the Common Parts and Halls of Residences or within owned property after the term of this Contract, the University shall be entitled to charge the Student £115 towards the costs of administration and cleaning the Accommodation. Please also note that if the Student does not leave the premises, the University must get an order for possession from the Court before the Student can lawfully be evicted. The University cannot apply for an order before the Notice to Quit or the Notice to Determine this Agreement has run out. (If you do not know if you have any right to remain in possession after a Notice to Quit or a Notice to Determine runs out you can obtain advice from a solicitor. Help with all or part of the costs of legal advice and assistance may be available under the Legal Aid Scheme. You should also be able to obtain information from a Citizens Advice Bureau, a Housing Aid Centre or a Rent Officer) 4.2 The Student may only terminate this Contract treat it/them in accordance with the terms Left Property Policy; d) must complete an Accommodation Services Leaving Form (available from reception) confirming the date of this Contract departure and the early termination procedure set out in reason why the Handbook and the Student will remain liable for the Residence Charge and his/her other obligations hereunder until (a) The Student has given notice to the University that s/he wishes to leave (for service of notice see clause 3.9); and (b) The Student makes payment for, or puts right, to the University’s reasonable satisfaction any breach of the Student’s obligations in this Contract; and (c) A replacement student who is satisfactory to the University (acting reasonably) as a tenant and who is not already a tenant of the University enters into a Contract with the University (the University will provide reasonable assistance to the Student in finding a replacement, but does not guarantee it will be able to find one); and The Student pays a fee of £115 towards the costs of administration and cleaning the Accommodation Conditions (b) to (d) shall not apply if the Student is able to show that the only reason for termination is a serious or persistent breach of the University’s obligations in this Contract, or because the Student is prevented from continuing his/her studies because of a disability. Where this Contract is terminated early because being terminated. Accommodation Services cannot terminate the Student is prevented from continuing their studies due to a disability, the Student will be entitled to a full refund of pre-paid Residence Charge for the unexpired proportion of the Period of Residence to which the pre-payment relates 4.3 The Student may apply to transfer to another room in the Residence or at another University residence but the Student must first: apply to the University for a transfer; pay to the University a £50 administration fee; have complied with their obligations in Contract until this Contract in all material respects. If the Student is permitted to transfer to another room, all the terms confirmation has been received and conditions of this Contract are transferable to the new accommodation 4.4 If this Contract is terminated by the University for one of the reasons stated in clause 4.1 the Student will only be entitled to a refund of pre-paid Residence Charge for the period during which the University is able to re-let the Accommodation 4.5.1 If for any reason beyond the University’s control the Accommodation is not ready for occupation at the start of the Period of Residence (for example, if a prior occupier has refused to leave, or if the Accommodation needs work carrying out to it) the University will offer the Student comparable alternative accommodation and the Student will accept it (provided it is comparable or better). The Student shall be entitled to terminate this Contract if the Accommodation is still not ready for occupation after the first 4 weeks of the Period of Residence, as an alternative to accepting the substituted room. Where the alternative accommodation is in the same Residence as the Accommodation, and of the same or better type, and in good repair and condition, it shall be regarded as comparable and suitable, and shall not constitute a variation to what the University agreed to provide 4.5.2 The University reserves the right to move the Student to similar alternative accommodation in any circumstances including the following:- (a) for reasonable management reasons (e.g. where the University considers, acting reasonably, that it needs to carry out works keys to the Accommodation or the Residence, that the Accommodation or Residence is unfit for occupation, or where the Residence is not fully occupied); orhave been returned (be) where the University reasonably considers that, because must change their postal address to ensure correct delivery of the Student’s behaviour, it is necessary to move the Student from the Accommodation to protect their well-being or the well-being of others or to prevent damage to the Accommodation 4.6 If the University requests the Student to relocate: 4.6.1 the University will give the Student written notice of this, provide details of the alternative accommodation mail and notify the Student of the date on which they are to relocateparcels. The University will give the Student reasonable notice of this date, taking into account the circumstances. This may mean that, in certain circumstances, the notice period may be as little as 24 hours; 4.6.2 save where Clause 4.5.2 (b) applies (unless the reason for the move is to protect the Student’s own well-being) or the Student is in breach of the Contract, if the similar alternative accommodation is not satisfactory to the Student (acting reasonably), the Student may terminate this Contract. If the Student wishes to do so, the Student must give the University written notice of this no later than 7 days after the date of the written notice that the University has given to the Student under Clause 4.6forward mail and parcels. 1. The Contract will then end on a date 7 days after the Student’s notice to terminate was given to the University, or such other date as the Student may agree with the University (acting reasonably). The University will refund any Residence Charge that the Student has paid in respect of the period after the termination date; 4.7 The Student may terminate this Contract if they withdraw from their course of study and satisfy the following conditions: (a) the Student gives to the University 7 days written notice of their intention to terminate this Contract and, in the notice, the Student specifies the date on which they wish the Contract to end and; (b) the Student encloses with their notice a copy of the University's official withdrawal/interruption of studies form issued by the relevant student office; and (c) the Student h as paid in full on or before the date on which they wish the Contract to end, all of the Residence Charge due in the Contract up to and including the date on which they wish the Contract to end 4.8 The Student may terminate this Contract if they are under 18 when this Contract is formed and:- (a) within two weeks after the Student’s 18th birthday they give to the University not less than 4 weeks written notice of their intention to terminate this Contract and in the notice, the Student specifies the date on which they wish the Contract to end and; (b) the Student has paid in full on or before the date on which they wish the Contract to end, all of the Residence Charge due in the Contract up to and including the date on which they wish the Contract to end 4.9 If the Student terminates the Contract under Clauses 4.7 or 4.8 and the Student moves out of the Accommodation by the date on which the Student has notified the University that they wish the Contract to end, the University will refund any Residence Charge that the Student has paid in respect of the period after the date on which the Student has notified the University that they wish the Contract to end.