5 Other Conditions#

5.1 The Occupier hereby authorises the College to use their personal data for all lawful purposes in connection with the Occupier’s accommodation contract (including debt recovery, crime prevention, the College’s block insurance policy, allocating rooms or where there is a serious risk of harm to the Occupier or to others or to the College’s property). The College may also use the Occupier’s personal data to the extent necessary to conclude the Accommodation contract between the College and the Occupier, for the performance of its obligations in the Accommodation contract, to comply with its legal obligations, to protect vital interests of a natural person, to perform any task in the public interest, in the exercise of official authority (such Cenus, Council Tax, Electoral Roll and other local or national Council or Government requirements) and for the College’s legitimate interests (such as satisfaction surveys) as long as those interests are not overridden by the Occupier’s fundamental rights and freedoms. The Occupier confirms to the College that the Occupier has obtained similar authorisation from each person permitted to share the accommodation. 5.2 The College’s liability for loss or damage to person or property is excluded unless the loss or damage is caused by the College’s negligence or breach of its obligations in these terms and conditions. 5.3 Personal belongings at the College are there at the Occupier’s own risk. Although the Occupier’s personal belongings are insured under the College’s block insurance policy (see clauses 4.3.2 and 4.3.5) that insurance is subject to the conditions, exclusions, limitations and excesses of the policy. “Top-up” insurance cover is available direct from the insurers, and the College will give the Occupier details of how to arrange this at the start of the Contract Period. 5.4 The College may temporarily suspend use of any of the Shared Areas if they are not kept in a clean and tidy condition by the occupants entitled to use them. 5.5 The College is entitled, at the Occupier’s expense, to remove from the Accommodation or any other part of the Building any article which constitutes an obstruction or a fire or health or safety risk. Unless the item is alive, perishable, unlawful to possess, poses a continuing risk or is unsuitable to keep in a multioccupied residence, the College will return it to the Occupier within 7 days of the Occupier’s Written request. 5.6 The College is entitled to remove and dispose of any item left in College by the Occupier at the end of the Contract Period and shall not be obliged to return it to the Occupier unless: 5.6.1 the item appears to the College to have a value of at least £50.00; and 5.6.2 the College is able to contact the Occupier; and 5.6.3 the Occupier agrees to compensate the College for the cost of postage and packing (or agrees for the cost to be deducted from their Deposit). 5.7 The Occupier’s contract for the Accommodation is intended to be a licence agreement. If any competent authority judges the Occupier’s contract to be a tenancy agreement: 5.7.1 the tenancy shall not be an assured shorthold tenancy by virtue of paragraph 8 of Schedule 1 to the Housing Act 1988 if the Occupier is a person pursuing or intending to pursue a course of study at a specified educational institution; 5.7.2 the tenancy shall be an assured shorthold tenancy if the Occupier is not a person pursuing or intending to pursue a course of study at a specified educational institution, and the College may terminate the tenancy on any of the grounds specified and permitted in Schedule 2 of the Housing Act 1988 or in accordance with section 21 Housing Act 1988. This agreement is not an agreement for an assured shorthold tenancy. 5.8 Notices relating to the Occupier’s contract must be in Writing (which includes email, and notices posted in the Building by the College). 5.9 The Occupier’s contract for the Accommodation is not intended to confer any benefit to anyone who is not party to it. 5.10 The Offer, these Terms and Conditions and the Members’ Handbook contain all the terms agreed to by the College and the Occupier at the time the Occupier’s contract for Accommodation comes into effect. Any variation to the terms will only be effective if agreed between the Occupier and the College. The College will confirm any agreed variation to the Occupier in Writing at the time the variation is made. 5.11 A breach of these terms and conditions by the Occupier may result in legal proceedings, disciplinary action or both. 5.12 The Occupier agrees to undertake either before or shortly after moving into the Accommodation online training and induction to be provided by the College about important aspects of living in the College community. The training/induction will include modules on sexual consent and bystander intervention. If the Occupier has reasonable grounds to believe that they will find any of the content distressing (for example if they have traumatic past experience) the Occupier may ask the College for an exemption from relevant parts of the training/induction. 5.13 The College may, or may be required legally, from time to time to introduce additional policies or guidance for the protection and welfare of staff and residents. The Occupier must comply with such policies and guidance in addition to any applicable regulations or guidance issued by the UK government. It may be necessary for the College to suspend, vary or supplement the Services in order to comply with regulations and guidance issued by the UK governments for example during a Pandemic or any other local, national or international emergency. The College will treat Members fairly and reasonably if changes need to be made. Such changes will not be deemed to constitute an alteration to what the College agreed to provide and Occupiers will not be compensated if legislation requires a withdrawal of services or facilities.