ºÚÁϳԹÏÍø

This is a Student Let Agreement within the meaning of paragraph 5 of schedule 1 to the Private Housing (Tenancies) Scotland Act 2016. The purpose of this agreement is to confer on a Tenant the right to occupy the Property while the Tenant is a student. The Tenant in entering into this agreement acknowledges that nothing contained within the agreement is to be construed as conferring on the Tenant a Private Residential Tenancy. 

STUDENT LET AGREEMENT between:

1. The University of ºÚÁϳԹÏÍø, through its Student Accommodation Services at Walter Bower House, Eden Campus, Guardbridge, ºÚÁϳԹÏÍø, Fife, KY16 0US, is a registered Scottish Charity (Charity Number SC013532) and is referred to as ‘the University’ or ‘the Landlords’ in this Student Let Agreement .

And

2. The student or students named in the Accommodation Offer, enrolled in a full-time course at the University, will be referred to as ‘You’ or ‘Tenant/s’ throughout this Student Let Agreement (and ‘Your’ will be construed accordingly);

WHEREAS

The University has made an Accommodation Offer to You, which You have accepted.

THEREFORE

The University agrees to provide you with the accommodation (‘the Premises’) for the agreed period (‘Period of Licence’) at the rent stated in your Offer of Accommodation, under the terms and conditions in this contract.

1. Definitions and Interpretation

1.1 Accommodation Offer means the offer of accommodation issued by Student Accommodation Services in respect of the Property;

1.2 As indicated on the Accommodation Offer means the relevant details specified in the Accommodation Offer;

1.3 Code of Discipline means University regulations and codes of practice, particularly the Sponsio Academica, Honour Code, Student Conduct Risk Management Policy and Student Conduct Policy (the terms of which can be found Rules and regulations | Current Students | University of ºÚÁϳԹÏÍø);

1.4 Contents means the contents within the Property at the Date of Entry as recorded in the Inventory referred to in Clause 9 of this Student Let Agreement;

1.5 Date of Entry means the start date of the Period of Tenancy as stated in Your Accommodation Offer;

1.6 Finance Office means The University of ºÚÁϳԹÏÍø Finance team who can be contacted by email at studentfinance@st-andrews.ac.uk or at The ASC on North Street;

1.7 Leave of Absence means a temporary break in your studies, during which you are not required to be in ºÚÁϳԹÏÍø or to attend classes;

1.8 Property Manager means the Property Manager/Deputy Property Manager, Residential & Business Services based at Walter Bower House, Eden Campus, Guardbridge, ºÚÁϳԹÏÍø, Fife, KY16 0US or such other department of the University authorised and instructed to act on behalf of the Landlord in connection with the operation, management of the Property and this tenancy;

1.9 Student Accommodation Services means Student Accommodation Services based at Walter Bower House, Eden Campus, Guardbridge, ºÚÁϳԹÏÍø, Fife, KY16 0US or such other department of the University authorised and instructed to act on behalf of the Landlord in connection with the contractual management of this tenancy;

1.10 Student Conduct Risk Management Policy means a framework to review concerns arising from reported student conduct issues, to identify any risk(s) that may arise and to then consider what if any mitigations can be put in place for the protection of reporting and reported parties, and the University and its community;

1.2 If the Tenant is two or more persons, each of them as individuals shall be liable jointly and severally, to implement the Tenant/s' obligations as set out in this Student Let Agreement 
and the word Tenant/s throughout shall be interpreted accordingly.

1.3 The University, through Student Accommodation Services has issued the Accommodation Offer to the Tenant;

1.4 Unless set out to the contrary in this Tenancy, all terms used in this Tenancy shall have the same meanings given to them in the Accommodation Offer.

2. Period

2.1 The period of the tenancy (“Period of Tenancy”) shall be ‘As indicated on the Accommodation Offer’.

3. Rent

3.1 The rent for the full Property shall be at the rate ‘As indicated on the Accommodation Offer’ for the Period of Tenancy. This sum excludes Utilities, Broadband, Council Tax and any other services and is payable in advance.

3.2 The first payment of rent should be made in full on or prior to the Date of Entry or by agreeing an instalment plan with the Finance Office who can provide information on the different payment options available from the University.

3.3 The Tenant/s shall be obliged to pay the Rent in accordance with the agreed payment schedule agreed with the Finance Office. The Tenant/s will not be permitted to re-enter University owned or managed accommodation while any debt is outstanding. The Tenant/s must agree to an acceptable repayment schedule with the Finance Office prior to applying to re-enter University accommodation. A late fee is chargeable if the Tenant/s default on an agreed payment schedule. Details about payment options for residence fees.

4. Person in Charge

4.1 In the event that the Tenant is two or more persons, one Tenant shall be administratively responsible to the Property Manager.  The Tenant in charge does not have any additional responsibilities under this Student Let Agreement other than to manage the administration and communication with the Property Manager.  All Tenant/s should agree room allocations within the Property and the University is not responsible for room allocations.

5. Terms of Tenancy

5.1 The Tenant/s acknowledges that they understand this tenancy to be a Student Tenancy Agreement within the meaning of paragraph 5 of schedule 1 to the Private Housing (Tenancies) Scotland Act 2016. The Tenant/s agree that the Property is let to them in consequence of their attendance at the University of ºÚÁϳԹÏÍø and it is agreed that they will be bound to give up the tenancy when they cease to be students of the University or in terms of Clause 7.2. 

6. Offer, Period of Tenancy and Cancellation

6.1 Your Accommodation Offer and the quoted rent are valid until the date shown in the Accommodation Offer. After that, the Accommodation Offer expires. If You don’t accept it by then, the University may not make another offer and could change the terms in any future offer.

6.2 The Period of Tenancy is for a fixed period and the Tenant/s will continue to be liable for the rent during the entire Period of Tenancy.

6.3 In the event of any one or all of the Tenant/s wishing to vacate the Property prior to the date of termination of the Period of Tenancy, it shall be the responsibility of the Tenant/s to find replacement Tenant/s who meet with the approval of the University or their agents. In the event that the Tenant/s are unable to find acceptable replacement Tenant/s, the Tenant/s shall remain liable jointly and severally for the rent and charges in respect of the Property until the end of the Period of Tenancy.

6.4 The University will accept cancellation of this tenancy made in writing to Student Accommodation Services on the following ‘cancellation’ conditions:-

6.4.1 If The Tenant/s accepted the Accommodation Offer but choose to leave the Property before the end of the Period Tenancy, and the Tenant is still a registered student, they will be liable for the rent during the entire Period of Tenancy.

6..4.2 If Your course requires You to study away from ºÚÁϳԹÏÍø, You can end this Student Let Agreement by giving at least 28 days’ written notice and providing confirmation from Your faculty. If the University moves students due to government restrictions or other exceptional events (force majeure), You can also end this Student Let Agreement with 28 days’ written notice.

7. Removal from University Accommodation

7.1 If You are removed from the Property, the University may still take further action if needed. The University will not pay You any compensation.

7.2 If You are removed from Property, You must still pay all rent and other charges until the end of the semester in which You leave.

This Student Let Agreement will run until the end of the Period of Tenancy. It can only end early if one of the following events happens as set out in this Clause 7.2. If it does, Your Student Let Agreement will end five days after the University tells You to leave (or another period set by the University).

7.2.1 You are taking a leave of absence from Your studies;

7.2.2 You have had Your studies terminated or suspended;

7.2.3 You have been placed on a compulsory or mandatory Leave of Absence;

7.2.4 You withdraw from the University;

7.2.5 You have missed the University’s matriculation deadline and have not moved into the Property within five weeks of the Date of Entry;

7.2.6 If You are referred for risk assessment under the Student Conduct Risk Management Policy for alleged non-academic misconduct, the University may apply risk measures. These can include removing You from Your current accommodation or moving You to alternative University accommodation;

7.2.7 If you are the subject of formal disciplinary action under the Student Conduct Policy, the University may apply outcomes which may include removing You from Your current accommodation or moving You to alternative University accommodation;

7.2.8 You have not paid Your rent or any other amount owed by the due date, unless You have an agreed payment plan with the University;

7.2.9 You break any of the rules or fail to meet the responsibilities set out in this Student Let Agreement; or

7.2.10 You behave in any way prejudicial to the good order and smooth running of the Property in which You reside.

7.3 Once You are told to leave the Property, You must email Student Accommodation Services right away from Your University email account to arrange the details. Use this address: accommodation@st-andrews.ac.uk.

7.4 If the University believes that Your continued presence may have a detrimental effect on an individual or individuals within any University accommodation, the Property or on the community or staff as a whole prior to removal and termination of this Student Let Agreement, the University reserves the right to move You to suitable alternative accommodation until such date of termination.

7.5 If You give birth or adopt a child and the Property is for single occupancy, You will need to vacate the Property. The University cannot guarantee that suitable family accommodation will be available.

7.6 If You are removed from the Property or any other University accommodation, You may be banned from living in any other University accommodation for the rest of the academic year or longer, if the University decides.

8. Condition of the Property

8.1 The Tenant/s accept the Property, fixtures and fittings and Contents as being clean, fit for the purpose in which they are let, and in good and tenantable condition and repair, and agree to keep the same to the satisfaction of the Landlords throughout the Period of Tenancy and to leave the same in good and tenantable condition and repair at the termination of this Student Let Agreement, fair wear and tear being excepted.

8.2 It is the responsibility of the Tenant/s to notify the University of any defects or repairs becoming necessary in or to the Property, the fixtures and fittings and the Contents as soon as is reasonably possible. In the event of the Tenant/s failing to notify the University of such defects or necessary repairs, at the sole discretion of the University the Tenant/s may be held liable for the cost in whole or in part of such necessary repairs when discovered by the University or their agents. It is agreed that the cost of any cleaning or other repairs or replacements necessary to return the Property to a clean and tenantable condition to the satisfaction of the University or their agents caused deliberately by the Tenant/s or through their carelessness or neglect will be charged as outlined in clause 9 and that the University will be entitled to recover from the Tenant/s any such costs incurred.

8.3 Where additional tenants join this Student Let Agreement throughout the Period of Tenancy, incoming and outgoing tenants should follow the guidance from Property Services and agree responsibility for any inventory or damages.

8.4  To prevent Legionella, the Tenant must run all hot and cold water outlets, including kitchen and bathroom taps and showers and flush the toilets for 5 minutes every week within the Property.

9. Furniture

9.1 An Inventory of the Contents (the ‘Inventory’) within the Property will be made available by the Landlords. A copy of the Inventory will be provided to the Tenant/s at the Date of Entry. The Inventory requires to be checked by the Tenant/s and returned to the Property Manager within 48 hours of the Date of Entry.

9.2 The Inventory will also be checked at the expiry of the Student Let Agreement and the Tenant/s must be present. The Tenant/s agree to pay the cost of replacing or making good any losses, breakages or damage which has occurred during the Period of Tenancy to the Contents other than damage caused by fair wear and tear or by storm or fire. Where the Landlords have provided furniture and effects and in particular, but without prejudice to the generality, washing machines, spin dryers, other laundry and kitchen equipment and telephones and other services for use by the Tenant/s in common with other occupiers of the building of which the Property hereby let form a part, the whole occupiers of said building having a right to use such furniture and effects shall have a joint and several liability to pay the cost of replacing or making good any losses, breakages or damage to said furniture and effects as foresaid. The Tenant/s further agree at the expiration of the Period of Tenancy to leave the furniture, furnishings and the Contents of the Property in the same rooms and in the same positions as shown on the Inventory. In the event of any of the Tenant/s leaving before the expiry of this Student Let Agreement it will be in the interests of any replacement Tenant and the remaining Tenant/s to check the Inventory with the outgoing Tenant in order that the cost of any losses, breakages or damage properly attributable to the outgoing Tenant can be recovered from him/her as otherwise the remaining Tenant/s and replacement Tenant will be wholly responsible for such cost. 

9.3 Any discrepancy on the Inventory or damage to the Property, which are attributable to the outgoing Tenant, should be notified to the Property Manager within 48 hours of departure of the outgoing Tenant. The Tenant/s also agree that any upholstered furniture belonging to them and brought into the Property during the Period of Tenancy must comply with the Furniture and Furnishings (Fire and Safety) Regulations 1988, as amended or supplemented from time to time, with each piece of furniture bearing a label stating compliance.

10. Access

10.1 The Tenant/s agree to allow access to the Landlords, or their agents at all reasonable times in order to allow them to carry out a periodic inspection of the Property and Contents. The Landlords, or their agents reserve a right of access for the purposes of carrying out works in order to secure the Property or carry out repairs.

11 Tenant damages

11.1 Tenant/s will be charged for any damage which occurs during the Period of Tenancy to the Property or Contents which are not due to fair wear and tear. A schedule of condition detailing the condition of the Property and the Contents shall be drawn up by the Landlord prior to the Date of Entry (‘schedule of condition’). The schedule of condition shall be provided to the Tenant/s on the Date of Entry and the Tenant/s will be entitled to report any further damage not detailed in the schedule of condition within the first two working days of the Date of Entry. If no report is received from the Tenant/s then the Landlord has the right to assume that the schedule of condition which was provided on the Date of Entry is accurate and this will be used at the final inventory check on the day of departure to determine any damage charges.

11.2 If Tenant/s do not return their keys at the end of this Student Let Agreement or following their Leave of Absence or withdrawal, or suspension of studies, they will be charged for both the cost of replacing the keys/access card and for the replacement locks.

12. Use of the property and prohibitions regarding assignation and sub-letting

12.1 The Property is let as a private dwelling house for living accommodation only and for no other purpose whatever and the Tenant/s shall not have the right to assign or sub-let the Student Let Agreement, in whole or in part. The Tenant/s shall not cause the Property to be occupied by anyone other than the Tenant/s. In the event of the Tenant/s intending to leave the Property unoccupied for a period exceeding one week they shall be bound so to advise the Property Manager who may require the Tenant/s to drain off the water pipes and tanks in the subjects to prevent frost damage or to take similar preventive measures.

12.2 The Tenant/s shall not use the Property or permit them or any part thereof to be used for any offensive, noisy or noxious trade, business manufacture or occupation or any purpose which may be, or grow to be, a nuisance or annoyance or cause disturbance to the owners or occupiers of any adjoining or neighbouring properties and shall not use or permit to be used the Property for any sale by auction, exhibition or public meeting or entertainment on the Property. No professional notices, nameplates or advertisements will be applied or exhibited in or on the Property. No paraffin heaters will be used to heat the Property and Calor or other bottled gas heaters will not be used.

13. Visitors and guests

13.1 The Tenant/s will be responsible for the behaviour of any guests or visitors while such guests or visitors are in or on the Property and associated common areas and facilities and will be held liable for the cost of making good any losses, breakages or damages to the Property and associated common parts and facilities occasioned by such guests or visitors.

14. Utilities

14.1 The Tenant/s are obliged to transfer the utility/service accounts into their names on the Date of Entry. The Tenant/s will pay all charges for electricity and gas as recorded by meter and all charges for telephone rental and calls as well as dialled units and for any charges for reconnection and transfer of service, which may arise in consequence of this Student Let Agreement. The Landlord will have no liability in this regard.

15. Cleaning stair and common obligations

15.1 The Tenant/s shall be responsible, along with any other occupants in the building of which the Property may form part, for keeping clean the common stair and landing serving their Property and the common passageway within the building and for carrying out any other common obligations incumbent upon them as residents in the building as regards upkeep of the back ground or garden common to the building or any other common parts of the Property. The Tenant/s shall pay the cost of replacing or making good any losses or breakages or damage to common stairs, landings, passageways, cycle stores and any other common parts of the Property other than that caused by fair wear and tear. The Tenant/s shall not cause any blockage to or hindrance of free movement along any hallway, common passage or stair in the Property or building which must be kept free at all times in case of emergency.

16. Local Authority Taxes/Charges

16.1  The Tenant hereby declares that the Property will, for the whole Period of Tenancy, be occupied by one or more individual persons as his, her or their only or principal home for the purposes of the Local Government Finance Act 1992. The Tenant accepts responsibility for payment of all Council Tax and water and sewerage charges or any local tax which may replace these, from the Date of Entry until termination of this Student Let Agreement, or vacant possession of the Property is afforded to the Landlord (whichever is the later). 

16.2  The Landlord will share information with the local authority on the status of the Tenant/s in connection with any claim for exemption or relief from said Tax which the Tenant might have.

16.3  The Landlord will notify the local authority of the Date of Entry and the date of Student Let Agreement terminates, tenants student status and any non-student tenants to assist in managing council tax bills and exemptions.

17. Decoration 

17.1 Redecoration of the Property or structural alterations is strictly prohibited except with the prior consent in writing of the Landlords or their agents. The Tenant/s will at no time throughout the Period of Tenancy use Blu Tack® or Sellotape® or any other adhesive on the interior walls or woodwork or on any other part of the Property for displaying posters or for any other purpose. The limited use of drawing pins or map pins only is permitted. The driving of nails into the plasterwork and of nails, drawing pins, map pins, etc. into woodwork is specifically prohibited.

18. Garden

18.1 The Tenant/s will not alter the garden in any way and will leave the layout of the garden as existing at the Entry Date. Tenant/s will be responsible for keeping the garden properly cultivated with all flower beds in a weed free condition, all perennial plants and shrubs well-tended and their numbers maintained with any fruit trees properly pruned and preserved. Kingdom Housing will be responsible for cutting the garden grass and maintaining common areas on a 2 weekly cycle during the summer months. Garden hedges will be cut 3 times a year and fences will also be maintained in good repair and condition.

19. Prohibition regarding depositing rubbish

19.1 The Tenant/s shall not deposit any refuse or bottles in or on the Property or on the doorstep, stair, landings, common passageway or footpaths. All rubbish, bottles and other such items will be placed in the dustbins provided in the Property and the dustbins shall be kept in their proper place within the Property or in the garden as the case may be. On the days of dustbin collection the Tenant/s will ensure that their dustbin is removed from the street or common passageway without delay to avoid any nuisance or hazard to other occupants or passers-by.

20. Animals

20.1 The keeping of animals, reptiles, birds or domestic pets of any kind at the Property is strictly prohibited.

21. Prohibition regarding keeping of vehicles within subjects

21.1 The Tenant/s shall not keep or permit to be kept any motor car, motorcycle or other vehicles including bicycles, trailers or caravans within the Property other than in any private garage, lock-up or car port associated with the Property.

22. Damage

22.1 It is agreed that if the Property or any part thereof shall be rendered unfit for use by fire or by reason of any defect or want of repair in the building during the period of this Student Let Agreement, a just proportion of the rent according to the extent of the injury sustained shall cease to be payable for so long as the Property or any part thereof shall remain unfit for use but this clause shall not apply if any damage or defect is caused by an act, omission or default of the Tenant/s, or if the Property or any part thereof are rendered unfit for use by the reason of the Tenant/s failing to notify the Landlords timeously of any defect or repair becoming necessary of which the Tenant/s might reasonably be expected to be aware.

If there is destruction or damage to the Property that leaves the whole or substantially the whole of the Property unfit for occupation and use in accordance with the terms of this Student Let Agreement, the University may end this Student Let Agreement immediately by giving formal notice to the Tenant. Any formal notice given will be treated as served on the expiry of 48 hours after the date of posting if sent by pre-paid first class post and addressed to the Tenant, per the details provided in this Student Let Agreement. The Student Let Agreement will terminate on the date of serving such notice, subject always to any antecedent breach of the Student Let Agreement by the Tenant.

23. Insurance

23.1 The Tenant/s should familiarise themselves with the . The Tenant/s will however be responsible for the insurance of such of their personal effects as they deem necessary.

24. Fire detection equipment 

24.1 The Tenant/s accept responsibility for the provision and maintenance of the smoke detection equipment and for ensuring that they are fully operational at all times. The Tenant/s are also responsible for testing the smoke detection equipment on a weekly basis and for recording the results on the test sheet provided. The Tenant/s will notify the Landlords of any faults or defects relating to this equipment and also of any use of the fire fighting equipment provided in the Property.

25. Non-smoking policy

25.1 There is a non-smoking policy operating throughout the Landlords owned and managed accommodation. Tenant/s are not permitted to smoke in any part of the Property or to allow any guest or visitor to smoke in any part of the Property.  This also applies to e-cigarettes.

26. Fire and electrical safety

26.1 The University is not responsible for damage or injury caused by the Tenant’s electrical equipment. You are fully responsible for using it safely. At the start of the semester, the University will test and certify the Tenant’s electrical equipment. Anything brought later must be tested at Your expense. Ask the Property Manager for safety advice.  Any items found not to be tested will be removed.  

The Tenant must comply with the following requirements in connection with fire and electrical safety:

26.2 Do not bring kitchen or cooking appliances, adaptors or power leads from outside the UK—they may not meet safety standards. You can bring laptops, phones, and tablets, but they must pass the University’s safety check and use UK power cables bought in the UK. 

26.3 Do not use high-powered electrical items, irons, or any cooking equipment (like rice cookers or kettles) in bedrooms. Store all cooking equipment in the kitchen or pantry.

26.4 Do not bring extra hobs, fridges, freezers, microwaves, deep fat fryers, electric blankets, or any electrical items from outside the UK. The following are strictly banned: fireworks, electric heaters, paraffin heaters, halogen heaters, and gas heaters. You can use small kitchen appliances bought in the UK (see the approved list for Your accommodation). 

26.5 Do not tamper with wiring or overload sockets with too many appliances. Your electrical items, including cables, must be UK-compliant and in good condition. Never cover chargers or power adapters.  

26.6 The Property Manager has the right to refuse the use of (and, if necessary, remove from the Property) any piece of electrical equipment within the Property if they judge it to breach Health and Safety Regulations or be prejudicial to the good order and safety of other residents of the Property and/or the building of which the Property forms part.

26.7 Do not abuse the fire alarm or associated safety systems and equipment; do not cover smoke detectors.

26.8 Comply with all fire safety information provided.

26.9 Only use fire exits in an emergency and keep fire routes clear of obstructions at all times.

26.10 Do not use candles, naked flames, decorative rope lights (except battery operated or LED lights) or joss sticks, or do anything else that may constitute a fire hazard.

26.11 If You set off a fire alarm without cause, the University must report it to the Police. Giving a false fire alarm is a crime under the Fire (Scotland) Act 2005 and can lead to a fine, prison, or both. 

27. Discipline

27.1 The Tenant/s shall be subject to the Code of Discipline applicable to all students in University provided accommodation. Tenant/s must ensure that they act within the law (and where applicable their guests or visitors) do not:

27.1.1 Bring illegal drugs into the Property or misuse drugs in any part of the University’s accommodation or the Property;

27.1.2 Cause other occupants of the Property or any other person any injury, disturbance, disruption, distress, annoyance, nuisance, harassment, inconvenience or damage to their property;

27.1.3 act in a way that puts others at risk, disrupts the Property, or damages the University’s reputation. This includes damaging property, behaving antisocially, or causing problems due to excessive alcohol or drug use. If Your behaviour harms others, You may face disciplinary action and possibly legal consequences.

27.1.4 Cause any excessive or unnecessary noise in the Property;

27.1.5 Permit others to occupy the Property without the permission of the University;

27.1.6 You must not bring firearms, weapons, or anything dangerous onto the Property or other University property. This includes replicas or parts of weapons.

27.1.7 Hang banners, flags, or similar materials in windows or on the outside of the Property.

27.2 University staff can confiscate any item they believe could harm safety or disrupt order. They can also fine You or require You to pay for any damage. This does not affect other actions the University may take regarding Your conduct.

27.3 You are not permitted to use recording devices, including CCTV, video doorbells or similar technology, to capture imagery or sound of others without their knowledge and consent within the Property or any University accommodation.

28. Eviction

28.1 The Tenant/s agree to remove and vacate the Property on the termination of the Student Let Agreement without any legal warning or process of removal. It is accepted as a condition of this Student Let Agreement that in the case of default of payment of rent or breach of any of the conditions of this Student Let Agreement, the Landlords may give notice in writing to terminate this Student Let Agreement within four weeks from the date of such notice and without further warning re-enter and take possession of the Property together with the contents and that without prejudice to the Landlords' rights to recover any of the rent or other sums that may be due or may become due. The Landlords and the Tenant/s hereby acknowledge and agree that the principle of tacit relocation shall not apply to this Tenancy.

29. Arbitration

29.1 In the event of any dispute or difference arising between the Landlords and the Tenant/s with regard to this Student Let Agreement, the same shall be and is hereby referred to the decision of one arbiter to be mutually appointed or in the event of the Landlords and the Tenant/s failing to agree upon the arbiter to be appointed, then the arbiter shall be appointed by the Sheriff of Tayside, Central and Fife at Cupar on the application of either of the parties or their representatives.