Occupancy Agreement 2019/2020 – Part Two

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5. BREACH OF THIS AGREEMENT

  1.  5.1         In the event that you, or any of your invited guests, are deemed by St Chad’s College to be in breach any of the conditions of this Agreement, St Chad’s College reserves the right to take any action St Chad’s College deems appropriate, including termination of this Agreement in accordance with the provisions of Clause 6 below. However, St Chad’s College may also:5.1.1. consider the matter as a major or “serious but non-major” offence under the University’s General Regulation IV Discipline; or 

    5.1.2. where the College considers the breach as amounting to a criminal offence, immediately refer the matter to appropriate law enforcement and notify the Registrar under the Terms of the University’s Code of Practice on Notification of Misconduct to the Police and Internal Action;

     

    5.2.         In addition to any of the sanctions under the University’s General Regulation IV Discipline or any fines under College Regulations, if misconduct on your part or the part of any of your guests results in damage to St Chad’s College’s property or if St Chad’s College suffers any other loss as a consequence of such breach, you will be issued with a demand for the reasonable cost of repairing the damage caused by your breach and, as appropriate, with a demand to make good other losses.  You undertake to pay any such fine and/or other charges within fourteen (14) days of notification that such sums are due and owing. In the event that you fail to pay such sums on expiry of this fourteen (14) day period, St Chad’s College will consider the breach as constitutinga “serious but non-major” offence under the University General Regulation IV Discipline and may result in further disciplinary action.

     

    1. SUSPENSION, EXCLUSION AND TERMINATION OF THIS AGREEMENT

     

    6.1         Without prejudice to St Chad’s College’s right to terminate this Agreement: where in the reasonable opinion of St Chad’s College, you are deemed to present a significant risk to the health and/or safety of the community (including other students, other residents, staff, or other authorised users of any University premises) for any reason whatsoever, St Chad’s College may suspend or terminate this Agreement and thus your right to occupy your Room shall cease, whereupon you will be required to immediately vacate your Room.

     

    6.2.         Where this Agreement is suspended in accordance with the provisions of Clause 6.1, with the exception of where such suspension is deemed by St Chad’s College to be on the grounds of infectious disease, any suspension will be made in accordance with the procedures set out in the University General Regulation VI, Suspension.

     

    6.3.         Such suspension shall continue for as long as St Chad’s College reasonably determines it to be necessary and in accordance with the University General Regulation VI Suspension.

     

    6.4.         For the duration of any period of suspension of this Agreement as detailed in this Clause 6, St Chad’s College shall be under no obligation to provide you with any alternative accommodation.

     

    6.5.         Your obligations under the provisions of Clause 2 to pay the Licence Fee shall at all times continue over any period of suspension.

     

    6.6.         In the event that you are found guilty of any offence under the University General Regulation Discipline IV, St Chad’s College retains the right to terminate this Agreement at any time and without notice.  In the event that you should fail to vacate your Room following instructions from St Chad’s College to do so, St Chad’s College shall initiate any necessary legal proceedings or take legal action and obtain a court order.  St Chad’s College will seek to recover all costs incurred as a consequence of having to take any such action.

     

    6.7. This Agreement shall be terminated with immediate effect, with written notice from the University under any of the following circumstances:

     

    6.7.1. You are deemed by the University to have materially, seriously, substantially or persistently breached the conditions of this Agreement in any way by, including but not limited to engaging in behaviour constituting a serious nuisance or annoyance to the community (including other students, other residents, staff, or other authorised users of University premises), or of neighbouring property;

     

    6.7.2. You cease to be a registered full-time student of the University, you agree a deferment of studies or to a concession, are expelled, excluded or withdrawn from the University in accordance with the University’s General Regulations;

     

    6.7.3. Any sums due under this Agreement remain outstanding twenty (20) Working Days after being demanded from you by the University.

     

    6.8.         Upon termination of this Agreement, in accordance with the terms of this Agreement, you undertake to immediately vacate your Room, removing all personal belongings from your Room and leaving your Room and all the items referred to in the Inventory in a reasonable state of cleanliness, tidiness and repair (except for fair wear and tear).

     

    6.9.      That in the event St Chad’s College terminates this Agreement for any reason or in the event of any other dispute connected with this Agreement you shall have a right to appeal under the Disputes Procedure outlined in clause 9 below;

     

    6.10.      Termination of this Agreement for any reason shall be without prejudice to any rights or obligations accrued by you or St Chad’s College under the provisions of this Agreement prior to the date of said termination.

     

     

     

    1. VACATING YOUR ROOM

     

    7.1. Upon termination of this Agreement for any reason, in accordance with the terms of this Agreement, you undertake to immediately vacate your Room, removing all personal belongings from your Room and leaving your Room and all the items and furniture provided in your Room on commencement of the Period of Occupancy in a reasonable state of cleanliness, tidiness and repair (except for fair wear and tear).

     

    7.2. In the event that any belongings or items are left either in your Room or any other property of the University following termination of this Agreement, the University shall be entitled to deem it to be abandoned and in accordance with the University’s published lost and found property policy, it will be disposed of without further notice.

     

    7.3. Where the University terminates this Agreement for breach of the Terms of this Agreement, including for non-payment of the Licence Fee. The University or any person or persons duly authorised by the University of its behalf, shall have the absolute right to re-enter your Room on the provision by the University of four (4) weeks written notice. On re-entry by the University, any and all right to occupy your Room shall absolutely determine.

     

    7.4. In the event that you should fail to vacate your Room following instructions from the University to do so, the University shall initiate any necessary legal proceedings or take legal action and obtain a court order. The University will seek to recover all costs incurred as a consequence of having to take any such action.

     

     

     

    1. LIABILITY FOR PAYMENT THE LICENCE FEE ON EARLY TERMINATION OF THIS AGREEMENT

     

    8.1. In signing this Agreement you legally undertake and are bound to pay the full Licence Fee due to the College in accordance with the provisions of clause 2 herein.

     

    8.2. In the event that:

     

    8.2.1. you choose to terminate this Agreement at any point and for any reason prior to expiry of the Period of Occupancy as detailed in the Particulars of Offer; or

    8.2.2. the College terminates this Agreement as a result of any breach of the terms of this Agreement in accordance with the terms set out herein; subject to the provisions of Clause 8.3, you hereby undertake to find a replacement full time student who is pursuing a course of study at the University and who meets with the prior written approval of the College (such approval not to be unreasonably withheld) and who is willing to take over occupation of your Room, assume all the obligations under this Agreement and to pay any outstanding portion of the Licence Fee due under this Agreement for the outstanding duration of the Period of Occupancy.

     

    8.3. In the event that this Agreement is either (i) terminated by you for any reason prior to expiry of the Period of Occupancy; or (ii) terminated by the University as a result of any breach of the terms of this Agreement, and you are unable to find a replacement full-time student prepared to assume your outstanding liability under this Agreement in accordance with the provisions of Clause 8.2, you understand and agree that the College shall incur a financial loss as a result of the early termination of this Agreement. Therefore, on termination of this Agreement, in addition to any portion of the Licence Fee already paid by you to the College you hereby undertake to pay to St Chad’s College the Early Termination Fee. The Early Termination Fee is calculated to be the lesser sum of either:

     

    8.3.1.     the remaining balance of the Licence Fee (payable under the provisions of Clause 2) outstanding to cover the Period of Occupancy remaining unspent as of the date of termination; or

    8.3.2.      a sum equal to forty percent (40%) of the total Licence Fee payable under the provisions of Clause 2 herein.  This sum is calculated by the Bursar of the College as being the reasonable sum necessary to compensate St Chad’s College for losses

     

    8.4. For the avoidance of doubt, in the event that you are undertaking any Postgraduate programme of study at the University, you acknowledge and agree that your Period of Occupation shall extend significantly beyond conclusion of the third University Academic Term, into a vacation Period. Such variations in Period of Occupancy depending on your programme of study shall in no way affect or prejudice your liability for payment of the Licence Fee in accordance with the terms of this Agreement, including for any payment of the third instalment of the Licence Fee in accordance with Clause 8.3.2 above, should you choose to terminate this Agreement, or should the University terminate this Agreement as a result of any breach of the terms of this Agreement, where such termination takes effect at any time following conclusion of Epiphany Term.

     

    1. DISPUTES

     

    9.1.         In the event a dispute arises between St Chad’s College and you concerning the terms or interpretation of this Agreement you should in the first instance endeavour to discuss any such issue with the College with a view to attempt to settle matters with St Chad’s College wherever possible on an informal basis.

     

    9.2.         In the event that any dispute arises concerning any decision on the part of St Chad’s College under any of the University General Regulations, including (iv) Discipline, (v) Academic Progress, (vi) Suspension, (vii) Academic Appeals or the Notification of Academic or Personal Details for Admission, Matriculation and Registration Purposes which has resulted in your exclusion from your Room, whether on a temporary or permanent basis, you shall follow the Appeals Procedure in accordance with St Chad’s College’s General Regulations.

     

    9.3.         Where any dispute concerning the terms or interpretation of this Agreement arises which cannot be settled informally under the provisions of Clause 9.1 above, the following procedure should be followed:

     

    9.3.1.      Notice of any formal dispute should be made in writing to the Bursar, who shall investigate the matter and give his or her decision within ten (10) Working Days of receiving such notice;

     

    9.3.2.      In the event that following the decision of the Bursar in accordance with clause 8.3.1 above, you do not feel the dispute has been appropriately concluded you shall be entitled to appeal in writing to the College Principal who shall further investigate the matter and give his or her decision within fifteen (15) Working Days of receiving the appeal.9.3.3.      If following receipt of decisions in accordance with the provisions of clauses 9.3.1 and 9.3.2 you remain dissatisfied with the outcome of these decisions, you shall retain the right to submit a formal complaint to St Chad’s College which will then be considered by the College Rector.

     

    1. GENERAL

     

    10.1.         Nothing in this Agreement confers or purports to confer on any third party any right to enforce any term of this Licence.

     

    10.2.         No variation or amendment to the Licence will be effective unless it is made in writing and signed by both Parties.

     

    10.3.         If the whole or any part of any provision of this Agreement is deemed to be void or unenforceable in any jurisdiction, the other provisions of this Licence, and the rest of the void or unenforceable provision, will continue in force in that jurisdiction, and the validity and enforceability of that provision in any other jurisdiction will not be affected.

     

     

    10.4. This Licence Agreement including the Particulars of Offer and any additional conditions as set out in Clause 1.1, constitutes the entire agreement between you and the College regarding occupation of your College Accommodation. You acknowledge that you have not entered into this Agreement on the basis of any warranty, representation, statement, agreement or undertaking made elsewhere, including via any website or email communication, except those expressly set out herein. You hereby waive any claim for breach of contract, or any right to rescind this Agreement in respect of any representation which is not an express provision of this Agreement.

     

    10.5.         St Chad’s College reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any consent previously given under the provisions of this Agreement.

     

    10.6.         St Chad’s College’s address for service of notices is:

     

    For the attention of Mr Alistair Jenkins  (Vice-Principal & Bursar)

     

    Address:        St Chad’s College

    18 North Bailey

    Durham

    DH1 3RH

     

    10.7.         This Licence shall be governed and interpreted according to the laws of England and Wales

     

     

     

    11  DEFINITIONS

    The phrases set out below are all commonly used in this Agreement and have the following meanings:-

    “Basic Periods of Occupation”

    means the term time periods set out on page 1 of this Agreement;

    “College”

    means St Chad’s College referred to on page 1 of this Agreement;

    “College Handbook & Regulations”

    means the handbook containing important University and College information and which was provided to you prior to signing this Agreement and which is available to be viewed on the College website;

    “College Office”

    means the location within the College where students may provide and receive notification in relation to this Agreement and which will be identified to the student prior to commencement of this Agreement;

    “College Officer”

    means the Bursar, the Principal, the  Vice Principal or the Postgraduate Director;

    “Disciplinary Offence”

    means an offence that may result in a fine or other penalty as provided for by the College Handbook & Regulations and/or the University’s General Regulations

    “Dispute Procedure”

    means the dispute procedure referred to in part 5 of this Agreement and which may be activated by either the College or you in the event of any dispute or where you wish to appeal any decision of the College;

    “Early Termination Charge”

    means the sum calculated by the Bursar as being the reasonable sum for compensating the College where a student terminates this Agreement early, (and prior to the end of the Basic Periods of Occupation).  Such sum will represent a fraction of the Residence Charge depending on when early termination takes place and will be set in accordance with the College’s published Policy on Early Termination which is available on request from the Bursar;

    “Residence Charge”

    means the charge for your use and occupation of the Room during the Basic Periods of Occupation as set out on page 1 of this Agreement;

    “the Room”

    means the room which the College has agreed to allow you to occupy for the Basic Periods of Occupation and which is referred to on page 1 of this Agreement such room to be identified on or before the commencement of this Agreement;

    “Senior Student Representative”

    means the elected senior student representative appointed as the JCR or MCR President of the College from time to time and identified to you at the start of this Agreement;

    “Supplemental Periods of Occupation”

    means any period of occupation outside of the Basic Periods of Occupation during which you have been permitted to reside at the College;

    “Supplemental Residence Charge”

    means the reasonable charge made by the College for any Supplemental Period of Occupation by you which will be notified to you when you request any Supplemental Periods of Occupation;

    “University General Regulations”

    means the General Regulations of the Durham University which can be provided on request or which can be viewed in the University library or on the University’s website at (enter address);

    “Working Day”

    Means Monday to Friday, excluding the College’s published holidays and customary days

    “you”

    means the student referred to on page 1 of this Agreement;

END

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