Terms and conditions
TERMS AND CONDITIONS
to Occupy Student Bedroom
This Terms and Conditions (Licence Agreement/Agreement) between Londonist DMC Ltd and the Student whose particulars are set out above (the Student) is made up of the following:
- This Licence Agreement between the Student and Londonist DMC Limited
- Any written offer sent to the Student by Londonist setting out the specific details of the accommodation to the student.
- Any licence agreement which the Residence requires students to enter in to, a copy of such (if applicable) which shall be attached hereto at Annex 1 (the Residence Contract).
The parties to this agreement are the Licensor and the Licensee.
The following definitions and rules of interpretation apply in this licence.
Booking Fee: as defined on page 1.
Building: as defined on page 1 as Property.
Common Parts: the shared kitchen, living room, bathroom (if so indicated in the property description on page 1); and also such roads, paths, entrance halls, corridors, lifts, staircases, landing and other means of access in or upon the Building the use of which is necessary for obtaining access to and egress from the Property as designated from time to time by the Licensor.
Competent Authority: any statutory undertaker or any statutory public local or other authority or regulatory body or any court of law or government department or any of them or any of their duly authorised officers.
Deposit Payment: payment to reserve and protect the Property, which will be refunded at the end of the Licence Period unless otherwise stated in this agreement,
End Date: as defined on page 1.
Financier: a person who makes the payments on behalf of Licensee or who fund the Licensee’s accommodation and/or educational expenses.
Initial Cleaning and Bedding Fee: as defined on page 1.
Landlord: means the counterparty to the agreement at Annex 1.
Licence Period: the period from and including the Start Date until the End Date on which this licence is determined in accordance with clause 6.
Licence Fee: as defined on page 1.
Licence Fee Payment Dates: as defined on page 1.
Licensee: The Student, as defined on page 1
Licensor: Londonist DMC Limited incorporated and registered in England and Wales with company number 08392889 and registered office at 5 Great James Street, London WC1N 3DB.
Property: as defined on page 1.
Residence: means the counterparty to the agreement at Annex 1.
Service Fee: as defined on page 1.
Start Date: as defined on page 1.
VAT: value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.
1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this licence.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 The Schedule forms part of this licence and shall have effect as if set out in full in the body of this licence. Any reference to this licence includes the Schedule.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.
1.8 Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
1.9 A reference to writing or written includes fax and e-mail.
1.10 Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.11 References to clauses and Schedules are to the clauses and Schedules of this licence and references to paragraphs are to paragraphs of the relevant Schedule.
1.12 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.13 A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
2. Licence to occupy
2.1 Subject to clause 3 and clause 6, the Licensor permits the Licensee to occupy the Property for the Permitted Use for the Licence Period in common with the Licensor and all others authorised by the Licensor (so far as is not inconsistent with the rights given to the Licensee to use the Property for the Permitted Use) together with the right[s] mentioned in this Agreement.
2.2 The Licensee acknowledges that:
(a) the Licensee shall occupy the Property as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;
(b) the sole purpose of this Licence is to provide residential accommodation to the Licencee whilst they undertake a full or part time course of study at an academic institution recognised by the Licensor.
(c) the Licensor retains control, possession and management of the Property and the Licensee has no right to exclude the Licensor from the Property;
(d) the licence to occupy granted by this agreement is personal to the Licensee and is not assignable and the rights given in clause 2 may only be exercised by the Licensee and its employees; and
(e) without prejudice to its rights under clause 6, the Licensor shall be entitled at any time on giving not less than 48 hours notice to require the Licensee to transfer to reasonably comparable alternative space elsewhere within London and the Licensee shall comply with such requirement.
(f) without prejudice to its rights under clause 6, the Licensor shall be entitled to inspect the Room at any time on giving not less than 48 hours notice to the Licencee.
(g) Without prejudice to its rights under clause 6, the Licensor shall be entitled to notify the Home Office, or UK Government of the termination of this agreement howsoever caused
3. Licensee's obligations
The Licensee agrees and undertakes:
(a) to pay to the Licensor the Licence Fee payable without any deduction in advance on the Licence Fee Payment Dates;
(b) to make the Deposit payment within 2 days of entering into this agreement.
(c) to pay the Booking Fee, Initial Cleaning and Bedding Fee and the other Service Fees (if applicable) with the initial payment.
(d) to provide the Licensor with reasonable evidence of identity and evidence that they are undertaking a full or part time course of study at an academic institution recognised by the Licensor, including a certified copy of the Licensee’s passport and a certified copy of a letter from the academic institution confirming the course of study that the Licensee is undertaking; and to update this information promptly if requested to do so by the Licensor;
(e) to promptly notify the Licensor if at any point the Licensee ceases undertaking a full or part time course of study at an academic institution recognised by the Licensor during the Licence Period;
(f) to provide the Licensor with any further information reasonably requested by the Licensor, including a certified copy of a bank statement or utility bill confirming the Licensee’s home address, and contact details for the Licensee’s next of kin and financier, and to update this information promptly if requested to do so by the Licensor;
(g) to keep the Property clean, tidy and clear of rubbish;
(h) to immediately notify the Licensor of any issues defects or problems with the Property;
(i) not to use the Property other than for the Permitted Use;
(j) not to make any alteration or addition whatsoever to the Property;
(k) not to display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Property or elsewhere in the Building without the prior written consent of the Licensor;
(l) not to do or permit to be done on the Property anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Licensor or to tenants or occupiers of the Building or any owner or occupier of neighbouring property;
(m) not to cause or permit to be caused any damage to:
(i) the Property, Building or any neighbouring property; or
(ii) any property of the owners or occupiers of the Property, Building or any neighbouring property;
(n) not to obstruct the Common Parts, make them dirty or untidy or leave any rubbish on them;
(o) not to apply for any planning permission in respect of the Property;
(p) not to do anything that will or might constitute a breach of any Necessary Consents affecting the Property or which will or might vitiate in whole or in part any insurance effected by the Licensor or the Landlord in respect of the Property from time to time;
(q) to observe any rules and regulations the Licensor and the Landlord makes and notifies to the Licensee from time to time governing the Licensee's use of the Property and the Common Parts;
(r) to leave the Property in a clean and tidy condition and to remove the Licensee's furniture equipment and goods from the Property at the end of the Licence Period;
(s) to indemnify the Licensor and keep the Licensor indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
(i) this licence;
(ii) any breach of the Licensee's undertakings contained in clause 3; and/or
(iii) the exercise of any rights given in clause 2;
(t) to comply in full with the Residence Contract;
(u) not to do anything on or in relation to the Property that would or might cause the Licensor to be in breach of the covenants and the conditions contained in the Licensor’s agreement with the Residence or (if applicable) with the Licensor’s lease of the Property and/or Building; and
(v) to pay to the Licensor interest on the Licence Fee or other payments at the rate of 4 per cent per annum above the base rate of Barclays from time to time calculated on a daily basis from the due date until payment if the Licensee shall fail to pay the Licence Fee or any other payments due under this licence within 3 days of the due date (whether formally demanded or not).
(w) if Licensee fails to make any payments on time, within 5 days after it is due, any sum shall be due and payable without requiring any notice.
4. Requests to change Property
4.1 The Licensor may any time on giving not less than 48 hours notice to require the Licensee to transfer to reasonably comparable alternative space elsewhere within London, in accordance with clause 2.2(d) herein.
4.2 The Licensee may request at any time during the term of this agreement a transfer to reasonably comparable alternative space elsewhere within London. The Licensor may in its absolute discretion accept or reject such a request. In the event that the Licensee’s request is accepted, an additional Booking Fee shall be payable and any offer of alternative space shall be conditional upon the Licensee undertaking:
(a) To pay to the Licensor the full amount of any difference in the Licence Fee payable without any deduction within 7 days of requesting the change Property.
(b) To enter into a Residence Contract with the successor Residence
(c) To pay an additional Booking Fee and Cleaning Fee without any deduction within 7 days of requesting the change Property.
(d) To reaffirm the Licensee’s undertakings as set out in clause 3 herein prior to the move.
5.1 The Licensee may, by notice in writing to the Licensor cancel this agreement up to four weeks before the Start Date. In such case the Student shall be liable to made the Deposit Payment which shall become non-refundable and
5.2 The Licensee may, by notice in writing to the Licensor cancel this agreement in the 4 week period immediately before the Start Date. In such case the Licensor shall remain liable to pay;
(a) The Deposit Payment which shall become non-refundable,
(b) That amount of the Licence Fee that would have been accrued in the 4 week period immediately after the Start Date.
5.3 Prior to the Start Date the Licensee may, on receipt of notice from the British Embassy that the Licensee’s application for a visa to enable entry to the UK has been refused, cancel this agreement by notice in writing to the Licensor, provided that the Licensee also provides the Licensor with a copy of the letter from the British Embassy within 15 days of the date of issue. In such case the Licensor shall remain liable for payment of the Booking Fee.
5.4 The Licensor may cancel this agreement on notice in writing to the Licensee prior to the Start Date. In such case all fees previously paid under this agreement shall be repaid to the Licensee.
5.5 Licensee may cancel this agreement after the Start Date, Licensee shall be liable to pay;
(a) Licence Fee,
(b) Initial Cleaning and Bedding Fee,
(c) Booking Fee,
(d) Other Services.
6.1 This licence shall end on the earliest of:
(a) Notice in writing being given in accordance with clause 5
(b) The End Date; or
(c) The Licensee failing to make those payments set out in clause 3 (a) on their due dates for payment or within three (2) calendar days of their due dates for payment; or
(d) The Licensee failing to make those payments set out in clause 3 (b), or 3 (c) on their due dates for payment; or
(e) the expiry of not less than 48 hours notice given by the Licensor to the Licensee at any time on breach of any of the Licensee's obligations contained in clause 3 other than those set out in clause 3 (a), or (b), or (c), or
(f) the expiry of not less than 48 hours notice given by the Licensor to the Licensee at any time on:
(i) the Licensee providing notice to the Licensor pursuant to clause 3(e), or
(ii) on the Licensee ceasing to undertake a full or part time course of study at an academic institution recognised by the Licensor during the Licence Period; or
(g) the expiry of not less than 48 hours notice given by the Licensor to the Licensee at any time on breach of any of the Licensee’s obligations set out in the Residence Contract.
6.2 Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.
6.3 In the event that this licence terminates pursuant to clause 6.1(c), (e), (f), or (g) above the full balance of the Licence Fee shall be due and payable immediately by the Licensee
6.4 Unless otherwise stated in this agreement, in the case of termination, Licensee shall be liable to pay;
(a) Licence Fee,
(b) Initial Cleaning and Bedding Fee,
(c) Booking Fee,
(d) Other Services.
7.1 Any notice given under this licence shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service to the relevant party as follows:
(a) to the Licensor at: 5 Great James Street, London, WC1N 3DB and marked for the attention of ‘Management’ and
(b) to the Licensee at the email address set out at page 1,
or as otherwise specified by the relevant party by notice in writing to each other party.
7.2 Any notice given in accordance with clause 7.1 will be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the working day after posting.
7.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
8. No warranties for use or condition
8.1 The Licensor gives no warranty that the Property possesses the Necessary Consents for the Permitted Use.
8.2 The Licensor gives no warranty that the Property is physically fit for the purposes specified in clause 2.
8.3 The Licensee acknowledges that it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that may have been made by or on behalf of the Licensor before the date of this licence as to any of the matters mentioned in clause 1 or clause 8.2.
8.4 Nothing in this clause shall limit or exclude any liability for fraud.
9. Limitation of Licensor's liability
9.1 Subject to clause 9.2, the Licensor is not liable for:
(a) the death of, or injury to the Licensee, its employees, customers or invitees to the Property; or
(b) damage to any property of the Licensee or that of the Licensee's employees, customers or other invitees to the Property; or
(c) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee or the Licensee's employees, customers or other invitees to the Property in the exercise or purported exercise of the rights granted by clause 2.
9.2 Nothing in clause 9.1 shall limit or exclude the Licensor's liability for:
(a) death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents; or
(b) any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.
10. No Set Off by Licensee
10.1 All amounts due under this agreement from the Licensee to the Licensor shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law), other than as specifically provided for at clause 3(a).
11.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
11.2 If any provision or part-provision of this agreement is deemed deleted under Clause 9.1, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12. Third party rights
A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.
13. Governing law
This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).
This licence has been entered into on the date stated at the beginning of it.