Occupier’s Obligations#

3.1 Financial obligations#

3.1.1 The Occupier must pay the Accommodation Fees to the College on or before the Payment Dates. 3.1.2 If any Accommodation Fees have not been paid within 14 days after the due date for payment, the Occupier must pay the College Interest (calculated on a daily basis) on the outstanding amount from the date payment fell due until the date payment is made. 3.1.3 Accommodation Fees are payable “in advance”. This means that if the Occupier’s contract ends between one Payment Date and the next, a refund of pre-paid Accommodation Fees will only be made if the College agrees. 3.1.4 The College may increase the nightly rate of Accommodation Fees on or after the Review Date, which is the 1 September each year. The College may only increase the net nightly rate of Accommodation by up to 5% above the rate of inflation at the time when the rates are set but there may be more than one change in the applicable rate of VAT (which is stipulated by law). Before charging an increased nightly net rate, the College will give the Occupier at least one month’s advance Written notice of the increase. Changes to the amounts of VAT payable will be made as and when required by law. 3.1.5 The Occupier must pay the College for any additional services used (such as excessive electricity) or goods provided if those goods and services are not included in the Accommodation Fees. The College will send the Occupier an invoice for any additional fees shortly after providing the goods or services concerned. Such additional fees are payable on the first Payment Date after the College provides the Occupier with an invoice for them and within 10 days of that invoice. (Except in the case of utilities, additional goods and services will only be provided by the College if the Occupier requests them). 3.1.6 The Occupier must pay to the local authority, or reimburse the College for, any Council Tax relating to the Accommodation during the Contract Period if at any time the Occupier is not exempt from paying Council Tax. 3.1.7 The Occupier must pay TV Licensing, or reimburse the College for, any TV licence fees relating to the Accommodation during the Contract Period. The Occupier will need a TV licence to (a) watch or record programmes as they’re being shown on television, on any channel, (b) watch or stream programmes live on an online TV service (such as ITV Hub, All 4, YouTube, Amazon Prime Video, Now TV, Sky Go, etc.) or (c) download or watch any BBC programmes on iPlayer. This applies to any device including a television set, desktop computer, laptop, mobile phone, tablet, games console, digital box or DVD/VHS recorder. 3.1.8 The College will claim from the Occupier as “damages” (compensation) the losses suffered and the costs reasonably incurred as a result of the Occupier’s breach of contractual obligations, such as the cost of repairing damage to any part of the Building, repair or replacement of Contents, nonstandard cleaning or defending a claim by a third party if any of these arise from a breach of the Occupier’s obligations. 3.1.9 In addition to any compensation that the College is entitled to claim from the Occupier for losses suffered and/or expenses incurred as a result of the Occupier breaking the terms of their contract, the College will claim from the Occupier as damages all fees, costs and charges reasonably incurred by the College for obtaining advice, preparing for and taking legal proceedings in connection with the Occupier’s failure to comply with their contract and in enforcing the Occupier’s obligations.

3.2 Care of the Accommodation, Shared Areas and Contents#

3.2.1 Within 7 days of the start of the Contract Period, the Occupier must check the Accommodation and its Contents, and notify the College in writing of any defects they find. 3.2.2 The Occupier must keep the Accommodation and its Contents in a clean and tidy condition and not damage them. At the end of the Contract Period, the Occupier must return the Accommodation and its Contents to the College in good clean condition and cleared of all the Occupier’s personal belongings and rubbish. 3.2.3 Jointly with other occupiers, the Occupier must keep the Shared Areas and their Contents in a clean and tidy condition and not damage them. At the end of the Contract Period, the Occupier must clear all of the Occupier’s personal belongings and rubbish from the Accommodation and the Shared Areas (except for rubbish left in designated bin stores and recycling areas). 3.2.4 The College will clean the Shared Areas regularly, but cleaning rotas may change from time to time for staffing reasons. 3.2.5 The Occupier must not alter, decorate, damage or attempt to repair any part of the Building or its Contents, or remove any Contents. The following are examples of what the College will treat as alterations or damage: (b) erecting wireless or TV aerials or satellite dishes; (c) installing any wireless transmitting device; (d) installing cable TV; (e) overloading electrical installations; (f) adding to or changing the information technology installations to the Accommodation (this clause does not prevent the Occupier from using IT equipment for normal study purposes, such as computers, tablets and printers, subject to the College’s IT policy as set out in the Members’ Handbook); (g) blocking pipes, drains or taps (fat, sanitary products, baby wipes and hair are the frequent causes); (h) allowing showers, baths, sinks or basins to overflow; (i) marks or holes where things have been fixed to the walls, floors or ceilings (using Blu Tack, white tack and similar products will leave a mark; adhesive tapes also leave marks); (j) burns and scorch marks; (k) removing, changing or adding locks to windows or doors; (I) cracks or breakages of glass (unless clearly caused from the outside by a third party); (m) changing or damaging floor coverings; (n) any visible attempt at repair; (o) staining or odours from smoking; 3.2.6 The Occupier must report to the College Facilities Helpdesk any damage to the Building or its Contents as soon as practicable (and in any event within 24 hours) after the Occupier becomes aware of it. If the Occupier fails to report damage and as a result the damage becomes worse, the College is likely to claim compensation for the additional damage that could have been prevented if it had been reported at the appropriate time. In an emergency, the Occupier should give first priority to their personal safety and remove themselves from any danger. As soon as the situation allows, the Occupier must contact a member of College staff. 3.2.7 The Occupier will not have to pay the College for damage which is due to fair wear and tear. Fair wear and tear is the kind of wear, fading, or marking that typically occurs during occupation, however careful the Occupier is. The College will claim from the Occupier for damage over and above this level, including accidental damage, unless the College’s insurer pays for it. The College has discretion whether or not to claim against its insurance, because of the effect this may have on future premiums, but it will exercise its discretion reasonably. For example, the College will not ask the Occupier to pay for damage caused by natural flooding, but the College may ask the Occupier to pay for damage caused by the Occupier’s carelessness or deliberate acts. 3.2.8 Where damage or loss occurs at the Building and it is not possible for the College (acting reasonably) to ascertain who is at fault, the College will claim from the Occupier a fair and reasonable proportion of the cost of repairing the damage or reinstating the loss. The Occupier shall not be expected to contribute to loss or damage that in the College’s reasonable opinion an intruder has caused, provided that the Occupier has complied with their obligations in these terms and conditions relating to College security. 3.2.9 The Occupier will comply with the College’s environmental policy set out in the Members’ Handbook and in particular (a) will take reasonable steps to avoid wasting fuel (e.g. by turning off lights and electrical equipment when not in use) and water and (b) will participate in any waste recycling schemes operated by the College or by others.

3.3 Restrictions on use#

3.3.1 The Occupier must not use the Accommodation for any other purpose other than as a private dwelling for themselves and those the College has permitted to share the accommodation. 3.3.2 The Occupier must not run a business from any part of the Building or use the address as a registered business address. 3.3.3 The Occupier must not share the Accommodation or allow anybody else to occupy the Accommodation unless specifically permitted by the College. For Flats and Studios this will normally only be immediate family members such as spouses, partners andlor children. Occasional overnight visitors are allowed, in guest rooms, on the conditions set out in the Members’ Handbook. The Occupier must not cause any nuisance, offence, disruption, harassment or persistent disturbance to others. The College will regard noise in the Accommodation that is audible from outside the Accommodation as a nuisance, especially if it occurs between 11.00 pm and 08.00 am . The playing of musical instruments or singing in the Accommodation is not permitted at any time. Music performance andlor practice is only permitted in those Shared Areas, and under the conditions, specified in the Members’ Handbook. 3.3.4 The Occupier is responsible for the care and supervision of any children permitted to live with them at the Accommodation and must ensure that the children are safe and that they do not cause a nuisance to others or damage to the Accommodation. 3.3.5 The Occupier must not obstruct or cause an obstruction in any of the Shared Areas. 3.3.6 The Occupier must not tamper with or mis-use any fire safety equipment or any other safety equipment, signage or devices in the Building. 3.3.7 The Occupier must only cook or prepare food in the kitchens in the Shared Areas and must not cook or prepare food in other parts of the Building. 3.3.8 The Occupier must not smoke in any part of the Building. 3.3.9 The Occupier must not, in any part of the Building, use anything which burns or smoulders (for example candles and/or incense) or has a naked flame. 3.3.10 The Occupier must not keep any vehicle or vehicle parts in any part of College other than (a) a bicycle in the designated cycle bays; or (b) a vehicle to assist with a disability. The Occupier must not ride or drive any vehicle in College unless it is a vehicle to assist with a disability. Users of a vehicle to assist with their mobility impairment are requested to contact the College in advance, because the College may need to make reasonable adjustments to accommodate the vehicle (this does not impose an obligation on the College if the vehicle cannot reasonably be accommodated). 3.3.11 The Occupier must not bring additional furniture into the College without the College’s prior written consent. Televisions and kettles are permitted, as long as the appliance is registered with the College’s electrician. Deep fat fryers must not be used in any part of the Building. 3.3.12 The Occupier must not bring into the College any animal unless it is a trained aid for a person with a disability. The Occupier is requested to notify the College in advance if an assistance animal is needed at College, as adjustments may need to be made to accommodate it. Occupiers will be responsible for the proper care and control of assistance animals and any damage or nuisance that an animal causes. The College does not permit therapy, emotional support or assistance animals not trained for specific tasks associated with a disability to live in the Building. 3.3.13 The Occupier must within 3 days of the College’s request either provide a valid safety certificate for, or remove from the Accommodation, any item that in the College’s reasonable opinion is unsafe or unsuitable in a multioccupied building. If the Occupier does not do as requested, the College may remove the item without further notice to the Occupier, claim storage costs as damages from the Occupier, and return the item to the Occupier at the end of the Contract Period. The College will not be liable to the Occupier if it disposes of any item which is perishable, unlawful to possess or which the College reasonably considers unsafe or unsuitable in a multi-occupied building. Although this is not an exhaustive list the College will not normally return firearms, airguns, pellet guns, paint ball guns, any other gun or model or replica gun; knives or any item which the College reasonably supposes might be used as an offensive weapon; heating appliances; oil, paraffin, spirit based fuels and other flammable liquids; bicycles or motorcycles removed from any area of the Building which is not designated for their storage; sunbeds or fireworks; illegal drugs and drug paraphernalia. 3.3.14 Whilst in the Building or its vicinity, or online, the Occupier must behave in accordance with the law and ensure that the Occupier’s behaviour does not harm the College or disturb or inconvenience other occupiers or neighbours. 3.3.15 The Occupier must comply with terms in the Members’ Handbook, with these terms and conditions and all reasonable instructions of College staff. 3.3.16 The Occupier must notify the College immediately if the Occupier becomes aware that they have any infectious or contagious disease and comply with the College’s reasonable requests (including staying in the Accommodation, or vacating the Accommodation) to minimise the risk of communicating the disease to others.

3.4 Visitors and security#

3.4.1 The Occupier is responsible for the actions or negligence of all their invited visitors and those the College has permitted them to share the accommodation and the College will claim from the Occupier for any damage caused. 3.4.2 The Occupier must not have any visitors in College who are not College members after 11.00 pm or before 9.00 am unless they have followed the procedures laid down in the Members’ Handbook. The College must be notified of all overnight visitors. Unaccompanied visitors to College will not be admitted after midnight or before 8.00 am . 3.4.3 The Occupier must not at any time leave the Accommodation unoccupied without locking the door. The Occupier must not leave any main door of the Building unlocked. If the Accommodation is on the lower ground or ground floor, the Occupier must ensure the window restrictors are functional and in place, and that the window is closed and locked before leaving the Accommodation - even if only going out for a very short period. 3.4.4 The Occupier must not make any duplicates of keys or other access devices and must not lend their keys or access devices to anyone else. 3.4.5 At the end of the Contract Period, the Occupier must return all keys and access devices to the College. If a key or other device is not returned, the College will deactivate the device and (after providing the Occupier with Written evidence of the cost reasonably incurred in replacing it) may charge the Occupier with the costs reasonably incurred as a result of the Occupier’s default. Default charges must be paid within 14 days of demand, or may be deducted from the Deposit. 3.4.6 If the College lends the Occupier a key to Mecklenburgh Square Garden and the Occupier fails to return it, the Occupier will be liable to reimburse the College for the purchase of a new key from the Garden Committee (which is not part of the College). The College will provide the Occupier with Written evidence of the key replacement charge. The current fee charged by the Garden Committee for replacement is £100. If the Occupier is provided with a key by the Garden Committee and does not return it, the Occupier will be liable to pay the Garden Committee direct for the replacement and in such cases the fee for the replacement garden key will not be deducted from the Deposit.

3.5 Privacy and access#

3.5.1 The Occupier must give the College access to the Accommodation for the following purposes: (b) showing the Accommodation to prospective occupiers; (c) inspecting the Accommodation to ensure the Occupier is complying with their obligations in these terms and conditions or for any other reasonable purpose; (d) repairing or maintaining the Accommodation or Contents or any work reasonably necessary or desirable on any other part of the Building; (e) remedying any breach of the Occupier’s obligations in these terms and conditions if the Occupier has failed (after being given reasonable notice) to remedy the breach; (f) to abate a nuisance; (g) to deal with an emergency; (h) if the Occupier has not responded to the College’s requests to make contact; (i) for any other reasonable purpose connected with the management of the Building. 3.5.2 As a courtesy to the Occupier, the College will normally aim to give the Occupier 24 hours’ advance notice (usually by e-mail) before entering the Accommodation but for the avoidance of doubt the College shall be entitled to enter the Accommodation without advance notice at reasonable times of the day or at any time in an emergency for any of the purposes listed in clause 3.5.1.

3.6 Official notices#

The Occupier must promptly provide the College with a copy of any communication the Occupier receives which is likely to affect the College or the Accommodation.