St Chad’s College,18 North Bailey, Durham, DH1 3RH
STANDARD LICENCE AGREEMENT
please read to the bottom of this document and then click on the link to go to part two
THIS LICENCE AGREEMENT is made by and between St Chad’s College, whose registered address is 18 North Bailey, Durham, DH1 3RH (“the College”) and “you” the individual whose details are set out on the Particulars of Offer on the date that you notify online your acceptance of your offer of Accommodation. For the purpose of this agreement, your “Accommodation” shall, in the case of individual or shared accommodation, shall mean and shall include the room in College which you have been allocated as a bedroom and study space along with all the areas of College to which students of the University are permitted access, including all social spaces and, where membership permits, the Junior Common Room or Middle Common Room (“Common Areas”).
Under this licence, accommodation is only offered to members of College who are registered full-time students of Durham University.
1.1. In accepting your offer of Accommodation at St Chad’s via signature of the Particulars of Offer a copy of which is attached hereto, you hereby agree to be legally bound by the terms of this Licence Agreement. In addition, you undertake that you will comply with any further regulations or terms of which you are notified by St Chad’s College from time to time which may be put in place by St Chad’s College for any reason, but in particularly those required as a result of any change in the law, or those which are in the reasonable opinion of St Chad’s College, necessary in the interests of health and safety, security or good estate management. All such supplementary regulations and terms shall be deemed to be incorporated into and to form part of this Licence Agreement at the point at which you are notified of the existence of such terms and/or regulations by St Chad’s College in writing. Such notification shall be considered to include notification via the displaying of any notice or signage by St Chad’s College detailing such supplemental terms or regulations, in any shared or common area of the Accommodation or Room.
1.2. In consideration of payment of the Licence Fee in accordance with the provisions of clause 2 herein, subject to the provisions of this Agreement, St Chad’s College hereby grants to you a licence to occupy a Room within the College as a bedroom and study space for the Period of Occupancy as defined in the Particulars of Offer attached hereto, including the right, (in common with other licensees with rights to occupy or use the Accommodation), to use all furniture, equipment and other property located in the Room and any included in any common area of the Accommodation during that time.
1.3. Where a catering option has been selected via your Particulars of Offer, this shall be provided to you by St Chad’s College at the times and venues of which you are notified by the College, subject to availability.
1.4. This Licence Agreement does not grant you any right of exclusive possession or occupation of any particular Room or space in the College at any time. St Chad’s College at all times reserves the right to require you to move to another room at any time and for any reason. In the event that the Room you occupy is a twin room with an unoccupied bed space therein, you may be asked to move into another twin room in order to utilise bed spaces economically.
1.5. Where you are required to move to an alternative room in accordance with the provisions of clause 1.4 above, St Chad’s College shall endeavour to give you as much notice as is reasonably practicable, however, St Chad’s College shall be under no obligation to provide you with any specific period of notice prior to requiring you to move, and in particular, where St Chad’s College determines that any move is necessary in the interests of the health and safety of either yourself or any other individual on University premises, such move may be required to be made with immediate effect.
1.6. Under no circumstances shall you be permitted or have any right to sublet or grant any kind of sub-licence to any third party to use or occupy your Room or any other part of the Accommodation or other University property, in any way or for any reason, particularly taking in any lodger or paying guest. Nor shall you be permitted to allow any other person or persons to stay in your Room or any other part of the Accommodation, or to leave their belongings in your Room or any other part of the Accommodation whether or not you are present, including sharing your Room with any other individual unless they are explicitly licenced to do so by St Chad’s College. This Agreement may not be assigned to any third party for any reason.
1.7. You will not normally be permitted, or be granted any licence of any kind, to instigate or conduct any formal or registered trade, business, profession or any other commercial activity within your Room or any part of the Accommodation, or use or register any College address for such a purpose. Exceptions are rarely made, and then only with the express, and specific, permission of the Principal.
1.8. You hereby undertake to ensure that in the event that you receive any formal or legal notice, order or other similar document delivered to the Accommodation by any third party which may relate to, or might affect, St Chad’s College, the Accommodation, the boundaries to the Property or properties of St Chad’s College, any member of staff or student of St Chad’s College you shall deliver the original copy of such notice or document to St Chad’s College as soon as is reasonably practicable after receipt (and in any event within a maximum of five (5) days).
- LICENCE FEE
2.1. In consideration of the Licence granted to you hereunder, you hereby undertake to pay the Licence Fee as detailed in your Particulars of Offer in three (3) equal termly instalments, each due in advance of the official commencement date of each term, or at the very latest thirty (30) days into the Michaelmas Term and fourteen (14) days into the Epiphany and Easter Terms, the dates of which will be notified to you by St Chad’s College.
2.2 Any failure to pay any instalment of the Licence Fee by the date due , in accordance with the provisions of clause 2.1 above, will be considered to be a direct breach of the terms of this Agreement and St Chad’s College shall reserve the right to terminate this Agreement in accordance with the provisions of Clauses 6&7 herein. All outstanding unpaid instalments of the Licence Fee shall be considered to be a debt to St Chad’s College and shall therefore be dealt with in accordance with St Chad’s College’s published policy on Student Debt available online at https://www.stchads.ac.uk
2.3. You hereby acknowledge that payment of the Licence Fee is an absolute requirement of this Agreement and under no circumstance shall you have any right to make any unilateral offset, set-off, deduction or counterclaim, in respect of the Licence Fee or any portion thereof, however arising. In the event that at any point during your Period of Occupancy you may consider yourself entitled to any repayment or refund of any portion of the Licence Fee as a consequence of any perceived failing on the part of the College to allow you to occupy College Accommodation in accordance with the terms of this Agreement or in connection with any other matter relating to your relationship with the College this should be raised formally with the Collegethrough the processes prescribed by clause 9 to this Agreement.
3.1. You hereby agree to grant immediate access (whether or not you are present) to any part of your Room or the Accommodation to St Chad’s College’s authorised employees, agents and representatives and all statutory law enforcement agencies and emergency services for any lawful and reasonable purpose including, but not limited to purposes of inspection, maintenance, repair, or security. (See also 4.1.1 below)
3.2. You agree to allow access to St Chad’s College’s authorised employees, agents and representatives at all reasonable times without notice for the purposes of cleaning. St Chad’s College at all times has the right to carry out or to commission any maintenance, alterations or building works anywhere in the Accommodation or on adjoining or neighbouring property and St Chad’s College shall under no circumstances be liable for any disturbance or inconvenience which may be caused to you by any such works. St Chad’s College will attempt to minimise inconvenience wherever possible.
- USE, MAINTENANCE AND CLEANLINESS OF THE ACCOMMODATION
4.1. For the Period of Occupancy under this Agreement, you hereby undertake as follows:
4.1.1. To keep your Room, including where provided en-suite facilities, carpets and any items and furniture provided in your room on commencement of the period of occupancy, in a reasonable state of cleanliness and tidiness with due attention to safety (for yourself and College staff), and maintain them in no worse state of repair than on commencement of this Agreement (fair wear and tear excepted), and so as to allow (where it is reasonably necessary) full and free access to your Room and any shared spaces in the Accommodation to staff and other students of St Chad’s College.
4.1.2. In conjunction with other resident students, to keep any shared spaces in the Accommodation and any other buildings or property which you are entitled to use in common with others reasonably clean and tidy and not to allow the accumulation of rubbish;
4.1.3. Not to alter or damage your Room, any part of the Accommodation or any of the items or furniture provided in your room on commencement of the period of occupancy, and to give up your Room and any of the items referred to in the Inventory at the end of your Period of Occupation in no worse state of repair than at the start of the Agreement (fair wear and tear excepted); and to meet the reasonable cost, reasonably incurred, by St Chad’s College as a result of it having to make good any damage or loss to your Room or its furniture, fixtures and fittings caused by you;
4.1.4. To ensure that your mattress remains on the bed-base at all times, covered with mattress covers, and that curtains are left in position and not replaced by your own curtains;
4.1.5. Not to use socket adapters; although gang sockets are permitted provided that they are fitted with a 5-amp fuse;
4.1.6. Not to keep any additional fittings or fixtures, or articles of furniture in your Room, or hang posters, decorations or other items in any common area of the Accommodation (including landings, stairwells and corridors) without the written consent of St Chad’s College;
4.1.7. Not to bring in or keep any animal, livestock or pets in any Room;
4.1.8. Not to use, produce, store, distribute or grow any illegal substance (including illegal drugs) or any substance that is or could reasonably be considered by St Chad’s College to be or to constitute any New or Novel Psychoactive Substance as defined by the EMCDDA, within your Room or anywhere else in the Accommodation or any other property of the University. For the avoidance of doubt, this shall include the recreational use and/or storage for the purposes of recreational use of nitrous oxide;
4.1.9. To check the contents and furniture provided in your Room on commencement of the Period of Occupancy regularly and report shortages, losses or damage to the College Office as soon as is reasonably practicable to do so;
4.1.10. To ensure that any electrical or other equipment which you bring into any part of the Accommodation complies with all safety requirements stipulated in the College Handbook & Regulations. In the event that any such equipment is found not to be in compliance with such safety requirements, such items may be removed from your Room by the College at any time and will only be returned to you on the condition that you undertake to remove it from University property as soon as possible, and not to use it again on University property in the interim;
4.1.11. To meet a reasonable share of the cost of any damage or loss to a Room or any shared spaces of the Accommodation, including loss or damage to furniture, fixtures and fittings where that damage or loss cannot be attributed to an individual student(s). You have a right to refer the matter to the Accommodation Dispute Procedure (see Section 8) where you believe St Chad’s College is acting unreasonably in asking you to pay for any anonymous damage;
4.1.12. To meet a reasonable share of the cost reasonably incurred by the College as a result of remedying any damage to buildings, equipment, unoccupied rooms or any other property owned or managed by St Chad’s College which you are entitled to use in common with other residents under this Licence, where the College, acting reasonably and after consultation with a Senior Student Representative, believes that such damage has been caused by the act or default of any student or students.
4.1.13. You have a right to refer the matter to the Accommodation Dispute Procedure (see Section 8) where you believe St Chad’s College is acting unreasonably in asking you to pay for anonymous damage;
4.1.14. Not to do or allow to be done in your Room, in any other area of the Accommodation or, in property owned or managed by St Chad’s College any act or thing which will, or is likely to, invalidate St Chad’s College’s insurance, or be a nuisance or cause any damage to the Accommodation or any other property of the College, or annoyance to the staff, students or other residents of St Chad’s College, or to any occupiers of neighbouring property;
4.1.15. To use reasonable efforts not to allow any sound from within your room (either music or other sounds) to disturb other residents, staff and students;
4.1.16. Not to share, loan, part with, or exchange any keys, fobs or access codes allowing access to the Accommodation, your Room or any property in which your Room is situated;
4.1.17. To close and were appropriate lock all external doors & windows on entering or leaving property owned or managed by St Chad’s College, and not to prop open any doors which can be used by the public, or that are clearly marked as fire doors;
4.1.18. To return all Room keys back to the College as directed at the end of the Period of Occupancy, except where the College has agreed to you occupying the Room for any Supplemental Period of Occupation;
4.1.19. Not to smoke in your Room or in any other indoor College location, or within the designated published distance to the exterior of any college property. For the purposes of this Clause 4.1.19 and for the avoidance of doubt, to “smoke” shall mean being in possession of any lit tobacco or of any other lit substance in such a form from which the smoke could be purposefully inhaled and/or exhaled, and further any other product including but not limited to electronic cigarettes, which produce any kind of vapour or other inhalant for the purposes of personal recreational use;
4.1.20. To ensure at all times while residing in the Accommodation that you are polite and respectful when interacting with University staff and fellow students, and behave courteously with due regard for others using common spaces of the Accommodation, and where occupying shared bedroom space, fellow students occupying bedroom space in common with yourself;
4.1.21. Not to enter prohibited areas such as boiler rooms, rooms containing electrical equipment or any prohibited areas such as void spaces or roofs;
4.1.22. Not to tamper with fire alarms, fire detectors and fire safety equipment. If you set off a fire alarm without good cause you commit a serious disciplinary offence, and you may have to pay a fine and any costs reasonably incurred by the College and the Emergency Services. Misuse or disablement of the fire alarms and fire safety equipment is a major disciplinary offence under St Chad’s College’s General Regulations that may lead to disciplinary proceedings and may also constitute an offence under Section 8 of the Health and Safety at Work Act 1974, which St Chad’s College is obliged to investigate/report and which may result in subsequent prosecution;
4.1.23. Not without the written consent of St Chad’s College to keep or use in your Room any supplementary heater of any kind;
4.1.24. Not to use or keep in your Room, the Accommodation or anywhere else on University Property any inflammable, incandescent or explosive items or substances, e.g. fireworks, candles, jos sticks, incense or car batteries;
4.1.25. Not to bring in or keep in your Room, the Accommodation or any other University premises, firearms (including replicas), airguns or any kind of dangerous and/or illegal weapon, or any other item or substance likely to pose a threat or risk to other occupants or members of College staff;
4.1.26. Not to display material that may be considered obscene or offensive in any shared space in the Accommodation or other common area;
4.1.27. Not within any College property to conduct door to door campaigning, political canvassing, leafleting, collections or evangelising without having first sought and obtained the express written permission of St Chad’s College.
4.1.28. St Chad’s College is committed to reducing their environmental impact by making the most effective and efficient use of all resources. This commitment is reflected in the College Environmental Policy. St Chad’s College encourages all students to develop an environmentally sound approach to their lifestyle and time occupying the Room and we would expect you to use reasonable efforts to comply with these initiatives. Full copies of all relevant policies can be provided to you on request.
4.2. You understand and agree that the College at all times reserves the right to refuse entry or access to any part of College property including the Accommodation and your Room to any individual, at any time, whether or not they are your invited guest, and may at any time require any individual already accessing or on College property (including any individual in the Accommodation or your Room) to leave. In the event that you wish to invite any guest to visit you in the Accommodation, you hereby undertake to do the following:
4.2.1. Not to allow any guest to stay overnight in your Room without first informing the
College Office, giving the name of the guest and the length of their intended stay. The College Officers at all times reserve the right to refuse such a request and where such a request is approved, to charge you a fixed sum per night for each guest who stays for more than three (3) consecutive nights (details of applicable charges may be obtained from the College Office on request). For the avoidance of doubt and for the purposes of this Clause 4.2.1, “overnight” shall be defined at the discretion of the College acting reasonably, but can be considered to constitute any period between the hours of 12 midnight and 8am; and
4.2.2. Where at any time you invite a guest onto College property, you accept in full, personal responsibility and liability for the behaviour of any and all such guests and for ensuring that you and your guests at all times comply with the terms of this Agreement and the College Regulations;
4.2.3. In the event that any damage to any College property is caused by an individual reasonably considered by the College to constitute your invited guest you shall meet the reasonable cost, reasonably incurred, by the College as a result of it having to make good any damage or loss to your Room or its furniture, fixtures and fittings by your guests.