Terms & Conditions

Student SPACE

1. INTERPRETATION

LANDLORD:

Means Kilrymont Accommodation Limited, incorporated under the Companies Acts (Company Number SC761481), having Landlord Registration Number (503428/250/18072) and having its registered office at Hamilton House, 70 Hamilton Drive, Glasgow, G12 8DR

The terms and conditions detailed below apply to all bedroom bookings made with Student SPACE, whether via website, direct with apartment/ central reservations or through an agent.

COMMUNAL FACILITIES:

means the facilities from time to time within the Property which are designed or intended for shared use by occupants of the Property, including lounges, kitchens and catering areas, study areas, cinema rooms, gym facilities, bicycle storage areas, games rooms, meeting rooms, laundry rooms, terraces and garden/outdoor areas (but not including any of the Shared Areas and not including car parking spaces in the car park serving the Property)

LANDLORD’S REPRESENTATIVE :

means Operations Manager, General Manager, Student Experience and Service Advisor, Student Experience and Safety Advisor based at the Management Office (including any person filling such role on a temporary or short-term basis), or any other person or legal entity who the Landlord notifies to the Tenant as being their representative for the purposes of this Agreement

MANAGEMENT OFFICE:

means the reception area and office located on the ground floor inside the main entrance to the Property

PROPERTY HANDBOOK:

means the Landlord’s handbook or guide for the Property as set out on the Student Portal and includes, in substitution, any revised version of the handbook made available and any other guidance made available on the Student Portal at any time

SHARED AREAS:

means the areas within the Property which are designed or intended for shared use by occupants of the Property, including roads, paths, walkways, entrance hallways, stairways and landings, corridors, circulation areas, lifts, fire escapes, refuse disposal areas and the like (but not including any of the Communal Facilities and not including car parking spaces in the car park serving the Property)

STUDENT PORTAL:

means the website accessed at https://thestudent.space or such replacement website as is selected by the Landlord and notified to the Tenant

TENANCY DEPOSIT SCHEME:

means a government-approved tenancy deposit scheme selected by the Landlord, which is currently mydeposits Scotland but provided that the Landlord reserves the right to move deposits to an alternative government-approved scheme at any time

2. KEY TERMS

This Agreement is among the Landlord, the Tenant and the Guarantor (if any).
The Landlord leases the Room to the Tenant for the Tenancy Period, subject to the terms and conditions set out in this Agreement. The lease includes the right for the Tenant to use the Shared Areas and Communal Facilities for all reasonably necessary purposes connected to their occupation of the Room.
The Deposit is payable within 5 days of the Tenant signing this Agreement. If the Deposit is not paid within that time, the Landlord is entitled to immediately terminate this Agreement and relet the Room to a third party, with no liability to the Tenant.
The Tenant must pay the Rent to the Landlord in the amounts and on the dates set out in the Rent Payment Schedule and in accordance with the terms of clause 6.
As the Property specifically provides student accommodation, the Tenant must be an enrolled student at a Scottish university or college of further education in order to stay in the Room. If the Tenant ceases to fulfil this criterion, the Tenant must tell the Landlord immediately and the Landlord is entitled to terminate this Agreement and recover possession of the Room, in terms of clause 12. The Tenant is not entitled to any refund of pre-paid Rent in these circumstances.

3.CANCELLATION

We understand that circumstances can change, and we’ve made provisions for students who need to cancel their accommodation booking. Please note that cancellations can only be made under specific conditions as outlined below:

Cancellation within 7 Days of Signing
You can cancel your accommodation agreement within 7 days of signing the contract, provided you have not moved in. To do so, please inform our team as soon as possible to complete the cancellation process
No Place No Pay
If you do not receive the required exam results to begin or continue your course at your chosen university or college, or if your place at the university or college is withdrawn, you are eligible to cancel your booking. You must notify us within 72 hours of learning that your offer has been withdrawn or that you did not meet the required exam results. You will need to provide acceptable evidence of this situation (such as a letter from your university or college).
No Visa No Pay
If you live outside the UK and are unable to obtain a visa to enter the UK to begin or continue your studies, you can cancel your accommodation booking. You must inform us within 72 hours of your visa application being declined and provide evidence of the visa refusal.
Cancellations Outside of These Conditions
If you wish to cancel your accommodation booking for reasons outside of the conditions listed above, you will be required to find a replacement tenant to take over your contract. The replacement tenant must meet the eligibility criteria and agree to the terms of the original contract.

4. CHECK-IN

The Tenant is entitled to take access to the Room from 9.00am onwards on the Start Date. Please note the Tenant will not be permitted access to the Room until the Tenant has paid to the Landlord the Deposit and any payments of Rent due to the Landlord prior to the Start Date (in terms of the Rent Payment Schedule).
The Tenancy Period and the Tenant’s obligations under this Agreement begin on the Start Date, regardless of whether the Tenant takes access to the Room on the Start Date.
The Tenant accepts the Room and the Room Contents as being present and in good repair and condition, unless the contrary is indicated on the Room Inventory. On first arrival at the Room, the Landlord will provide the Tenant with the Room Inventory, via the Student Portal. The Tenant must then check that the Room Inventory is accurate. If the Tenant believes the Room Inventory is inaccurate, the Tenant must pass all comments to the Landlord, via the Student Portal, within 48 hours of first taking access to the Room. The Landlord and Tenant will then discuss such comments and, if necessary, agree an updated Room Inventory. If no comments are received within 48 hours of the Tenant first taking access to the Room, the Room Inventory will be deemed to be agreed by the Tenant as being accurate.
The Tenant must either (i) present itself at the Property to take entry to the Room on the Start Date, or (ii) notify the Landlord of the date on which the Tenant intends to take entry to the Room, which date must be notified by the Start Date but may be a date falling after the Start Date but the Tenant must still pay the Rent due from the Start Date as per the Rent Payment Schedule. Should the Tenant fail to take either of these steps, the Landlord is entitled to terminate this Agreement and relet the Room to a third party. The Landlord will be entitled to retain all amounts paid by the Tenant prior to such termination.

5. CHECK-OUT

The Tenant’s obligations under this Agreement continue until the Termination Date, regardless of whether the Tenant moves out of the Room before the Termination Date. Then this Agreement terminates, the Landlord will still be entitled to pursue any claim or remedy it has against the Tenant in respect of any previous breach of the Tenant’s obligations under this Lease.
The Tenant must give to the Landlord vacant possession of the Room by noon on the Termination Date.
The Landlord will arrange a check-out inspection of the Room as close to the Termination Date as possible and notify the Tenant of the date and time of inspection. The Tenant will attend the check-out inspection and is entitled to pass any comments to the Landlord in respect of the findings of the inspection. If the Tenant does not attend the check-out inspection, the Landlord is entitled to carry out the check-out inspection and issue its findings to the Tenant.
The Tenant must remove all of its belongings from the Room and elsewhere in the Property by noon on the Termination Date. If any of the Tenant’s belongings have not been so removed by that time, the Tenant acknowledges that the Landlord shall be entitled to treat such belongings as abandoned and to dispose of them as the Landlord sees fit, without any obligation on the Landlord to compensate the Tenant in respect of any such items. The Tenant must reimburse the Landlord on demand in respect of the Landlord’s costs in disposing of such items, as set out in the Property Handbook.
The Tenant must advise the Landlord’s Representative of its final check-out and departure from the Room when it leaves the Property. Should the Tenant fail to so notify the Landlord’s Representative then, provided that the Tenant is not in physical occupation of the Room on the Termination Date, the Tenant will be assumed to have given up their right to occupy the Room with effect from the Termination Date. For the avoidance of doubt, the fact that any of the Tenant’s belongings remain in the Room after noon on the Termination Date shall not in itself be deemed to constitute physical occupation of the Room for the purposes of this clause 5.5.
If the Tenant has been provided with any keys or access fobs, cards or devices in respect of any parts of the Property (including main doors, the Room door and mailboxes), the Tenant must return these to the Landlord’s Representative by noon on the Termination Date failing which the Tenant must pay on demand the cost of replacement for each key, fob, card or device.
On the Termination Date, the Tenant must leave the Room (including all aspects of the Room Contents) in a good and useable state of repair and condition and in a clean and tidy condition, with all refuse having been removed. If the Tenant does not do so, the Tenant must pay to the Landlord on demand the cost of making good any damage, loss or destruction to the Room, including replacing any of the Room Contents, and/or carrying out any necessary cleaning, all so as to put the Room into the condition the Tenant was obliged to leave it in (such costs being per the Property Handbook), together with the Landlord’s reasonable administration charges. Where a Deposit is held, the Landlord will first seek to recover any sums due from the Deposit (in terms of Clauses 3 to 13.5) prior to recovering directly from the Tenant.

6. RENT

The Tenant must pay the Rent to the Landlord as set out in clause 2. The Rent must be paid in cleared funds via the payment portal on the Student Portal and is due without the need for any further demand.
If the Tenant does not vacate the Room by the End Date in accordance with clause 2, then without prejudice to any other remedies the Landlord has available, the Landlord is entitled to continue charging the Tenant rent from and after the End Date at a weekly rate which is 10% higher than the weekly rate set out in the definition of “Rent” and the Tenant must pay that rent weekly in advance until the Tenant vacates the Room. For the avoidance of doubt, the Tenant shall also pay to the Landlord a sum equivalent to any other losses incurred by the Landlord by reason of the Tenant’s breach.

7. OTHER PAYMENTS BY TENANT

The Tenant is responsible for paying any council tax or other similar local tax charges in respect of the Room. Students are normally exempt from council tax and, if required by the local authority or the Landlord, the Tenant must provide all relevant information to evidence its student status and exemption from council tax to the local authority or the Landlord’s Representative (as the case may be) and carry out any other processes reasonably required by the Landlord to secure council tax exemption in respect of the Room. The Tenant will reimburse on demand and indemnify the Landlord in respect of any council tax or similar local tax charges incurred by the Landlord in respect of the Room for the Tenancy Period.
In the event of any amount (including Rent) due by the Tenant to the Landlord under this agreement being paid late, the Tenant shall pay to the Landlord, in addition to the amount due:
a late payment administration charge of £30;
interest on the amount due, at a rate which is 4% above the Bank of England base rate from time to time; and
if the amount is still unpaid 14 days after the due date for payment, such other costs and expenses (including legal costs and expenses) as the Landlord reasonably incurs in pursuing the amount due.
The Tenant shall pay to the Landlord such costs and expenses (including legal costs and expenses) as the Landlord reasonably incurs in pursuing any non-monetary breach of this Agreement.
All payments to the Landlord must be paid via the payment portal on the Student Portal. The Tenant acknowledges that the Landlord is unable to accept cash payments. If, by agreement with the Landlord, the Tenant pays by any method other than the payment portal on the Student Portal or if any payment made by any method is returned by the Landlord’s bank for whatever reason, the Tenant will pay to the Landlord an administration charge of £30 to cover the Landlord’s bank and administration costs.
The Tenant shall indemnify the Landlord on demand in respect of all damages, losses, costs, claims and the like suffered by Landlord as a result of any breach by the Tenant of any term of this Agreement.
Any amounts due by the Tenant to the Landlord in terms of this Agreement are due on demand, unless otherwise stated.

8. LANDLORD’S RIGHTS AND DUTIES

Provided the Tenant pays the Rent and performs and observes all other obligations incumbent upon the Tenant in terms of this Agreement, the Landlord will allow the Tenant to occupy the Room without unnecessary or unwarranted interference.
The Landlord will provide electricity, hot and cold water and wifi broadband to the Room and relevant Shared Areas throughout the Tenancy Period, subject to the following conditions:
1. the Landlord does not guarantee that such utility supplies will be uninterrupted and error free, although the Landlord will use reasonable endeavours to minimise any periods of non-supply (which may, for example, occur due to utility company works, power cuts and the like)
2. utilities are supplied subject to fair use by the Tenant and the Tenant will use all utilities in a reasonable and sustainable manner;
3. the Tenant will not use any utilities for commercial purposes or for other purposes or in any quantities which are not in keeping with reasonable personal use in a student accommodation setting; and
4. the Landlord will be entitled to withdraw the provision of wifi broadband in the event of the Tenant not paying the Rent.
The Landlord will promptly carry out any repair or maintenance work required to keep the Room in a wind and watertight condition. The Landlord will comply with all of its other legal requirements in respect of the Room and the Property.
The Landlord will not be liable for any failure or interruption of service media or utilities within the Property.
The Landlord is entitled to carry out any building or other works outwith the Room, at its discretion. The Tenant shall not be entitled to claim for any discount or refund of the Rent or otherwise make any claim (including for termination of this Agreement or for compensation) in respect of any building or other works taking place outwith the Room.
The Tenant acknowledges that the Landlord does not have full control over properties outside of the Room.
The Landlord shall be entitled to alter, amend, reduce or otherwise vary the Communal Facilities and/or Shared Areas, either temporarily or permanently, at any time during the Tenancy Period, as it sees fit. The Landlord shall be entitled to erect scaffolding at any part of the Property, as it sees fit.
The Landlord shall not be liable or responsible for any loss or damage to any person, property or otherwise, except as expressly provided in this Agreement or expressly provided by law.
If the Tenant fails to comply with any of its obligations in this Agreement, the Landlord shall be entitled (but not bound) to carry out any necessary action to remedy the matter in question and the Tenant shall pay to the Landlord, within 14 days of demand, all costs properly and reasonably incurred by the Landlord in so doing.
The Landlord shall be entitled to delegate or sub-contract any of its obligations under this Agreement to any third party.
Any rights of the Landlord in terms of this Agreement may be exercised by the Landlord’s Representative or any other person or entity permitted by the Landlord.
The Landlord is entitled to assign its interest in this Agreement to any successor in ownership of the Property or to their managing agents or any other entity or entities as are operating the Property from time to time
The Landlord is entitled to temporarily relocate the Tenant to a different room at the Property (or to a room outwith the Property but then only when strictly necessary), where reasonably necessary and for as long as reasonably necessary. This Agreement will continue to apply in respect of the different room for the duration of the relocation. If the relocation is to a room of the same or better standard than the Room, the Rent payable in terms of this Agreement will remain payable as set out in this Agreement. If the relocation is to a room which would normally be charged at a lower rate of rent than is charged in respect of the Room, the Rent payable in terms of this Agreement will be reduced on a pro rata basis to reflect the rent that would have otherwise been payable in respect of the substitute room. The Tenant must give the Landlord reasonable co-operation in respect of any such relocation.

9. ROOM STANDARDS

The Tenant must use the Room (and the other rights given to the Tenant in terms of this Agreement) only for private student residential purposes, for occupation by the Tenant only and for no other persons or purposes
The Tenant must not carry on any trade, profession or other business from the Room and/or the Property.
The Tenant shall be entitled to allow up to two guests (or such greater number as is permitted on any specific occasion by the Landlord’s Representative) over the age of 16 to stay overnight in the Room at any one time and on an occasional basis only, provided that the Tenant has updated the visitor tracker section of the Student Portal, in advance, with the names of such guests and dates of their stay. Otherwise, the Tenant must not allow any guests or other persons to stay overnight in the Room or elsewhere in the Property and shall not allow or permit any persons under the age of 16 to remain in the Property between the hours of 10.30pm and 8.30am.
The Tenant must keep the Room (including everything in the Room) in a clean, tidy and hygienic condition at all times during the Tenancy Period and return the Room to the Landlord in a clean, tidy and hygienic condition on the Termination Date. The Tenant must not allow the Room nor any other part of the Property to become unclean, untidy or unhygienic.
The Tenant must keep the Room in good condition and must not alter it in any way. The Tenant must not decorate any part of the Room nor change or alter any aspect of the Room (including the Room Contents). The Tenant must not move or attempt to move any of the Room Contents which are fixed in nature (for example, fixed beds or desks).
The Tenant must not remove any of the Room Contents from the Room at any time.
The Tenant must not cover or obstruct any vents in the Room, including any for air circulation, heating and cooling, nor any smoke or heat detectors or other safety detecting devices nor otherwise tamper with any such equipment. The Tenant must not tamper with the lighting systems in the Room.
The Tenant must only use the refrigerator, freezer and heating equipment in Room as supplied by Landlord and must not bring into the Room any equipment which fulfils the same purpose.
The Tenant must not bring into the Room or any other part of the Property any item or thing which does not comply with relevant UK safety standards, including in respect of fire safety.
The Tenant must not place or display any item or other thing in the windows of the Room or elsewhere that can be seen from outside the Room nor put anything outside the windows of the Room (including, in each case, laundry, flags, posters and other items).
The Tenant must not affix anything to the doors of the Room or otherwise adjust or interfere with the doors of the Room.
The Tenant must keep the Room (including all doors and windows) locked and secure at all times when the Tenant is not in the Room.
The Tenant must not leave the Room unoccupied for a period of longer than seven days without first notifying the Landlord’s Representative.
The Tenant must remove all refuse from the Room as often as necessary (and at least once per week as a minimum) and must dispose of it as follows:
1. if the refuse is of a type for which disposal facilities are provided by the Landlord, by placing it into the designated waste receptacles provided at the Property for that purpose; and
2. if the refuse is of a type for which disposal facilities are not provided by the Landlord (for example, electrical items), the Tenant must arrange for disposal of such refuse in accordance with legal or other recommended disposal procedures. The Tenant must not put such items into the waste receptacles provided by the Landlord.
The Tenant must comply with all environmental and sustainability standards and requirements set by Landlord and must not do anything to adversely affect the environmental performance of the Property.
The Tenant must not allow any refuse to accumulate in the Property in a way that could or might be unhygienic, hazardous, attract pests or cause odours.
The Tenant must notify the Landlord promptly in the event of any part of the Room becoming infested by pests and permit the Landlord to take any steps it deems necessary in respect of the management or removal of such pests.
The Tenant must not keep any animal, bird, fish or reptile or other living creature (including pets) in the Room or in any other part of the Property. Assistance dogs are permitted in the Property where prior notice has been given to the Landlord’s Representative.
The Tenant must not use any candles, burners (including incense burners and joss sticks), paraffin or gas heaters or cookers, deep fat fryers or any other flammable item or item which ignites or has a naked flame or which smoulders. The Tenant must not keep any combustible, hazardous, dangerous or unsafe substances (including liquid or gas fuels or noxious or explosive substances) or other items in Room or any other part of the Property.
The Tenant must ensure that cooking is carried out safely and must not leave any cooking unattended. The Tenant must only carry out cooking within the kitchen area of the Room or any other area designated by the Landlord for cooking within the Property. The Tenant must not use pans of hot oil when cooking.
The Tenant is responsible for any belongings it brings to the Room or any other part of the Property, including the insurance of these belongings. The Landlord’s nominated insurance provider will provide basic contents insurance cover to the Tenant. Full details of this cover are available via the Student Portal. It is the Tenant’s responsibility to familiarise itself with such insurance cover. The Tenant alone is responsible for ensuring such insurance cover is appropriate for its needs. The Tenant may wish to arrange further contents insurance cover, including for high value items. The Landlord is not responsible for any lost property or for any damage caused to any of the Tenant’s contents and belongings (including motor vehicles, bicycles, scooters and similar).
The Tenant must comply with all laws and legal requirements in connection with the Tenant’s use of the Room, Communal Facilities and Shared Areas and otherwise in connection with the Property.
If the Tenant carries out activities within the Room or within the Property which require a television licence to be obtained, the Tenant is solely responsible for obtaining such licence and for the consequences of not obtaining a licence.

10. ACCESS

The Landlord is entitled to take access to the Room (including with its personnel and contractors and also including access by the Landlord’s Representative on behalf of the Landlord):
1. at any time, in cases of emergency, welfare concern or any matters relating to health and safety and/or anti-social behaviour;
2. at any time, where any law enforcement agency or emergency service requests access, whether or not they have a warrant;
3. by giving at least 48 hours’ notice, where it needs access to carry out works or perform its obligations under this Agreement;
4. by giving at least 48 hours’ notice, for the purposes of inspecting the Room; and
5. by giving at least 48 hours’ notice, for any other reasonable purpose.
The Tenant must not obstruct the Landlord from taking access to the Room in the above circumstances.
The Landlord is entitled to use any service media that runs through any part of the Room (including pipes and cables) and to take access to such service media (even if that means intrusive works being carried out within the Room) for the purposes of repair, maintenance, renewal, replacement and cleaning of such service media.

11. OTHER TERMS

The Tenant must familiarise itself with the terms of the Property Handbook and comply with all regulations and requirements set out in the Property Handbook.
The Tenant acknowledges that it must have access to the Student Portal in order to access the Property and interact with the Landlord. Day-to-day communications between the Landlord and the Tenant will be made by the Student Portal and also by e-mail and text message via the Tenant Contact Details. It is the Tenant’s responsibility to regularly check the Student Portal for communications. In addition, the Landlord’s Representative or other staff will be available on-site on a 24/7 basis.
The Tenant is responsible for the conduct of all guests, visitors and other invitees the Tenant invites or brings onto the Property. The Tenant must not permit or allow any such persons to do anything that the Tenant is not permitted to do, either in terms of this Agreement or otherwise, or which would otherwise be a breach of the terms of this Agreement if done by the Tenant. The Tenant is responsible for the cost of making good all damage caused by its guests, visitors and other invitees and must pay any such costs to the Landlord, on demand.
The Tenant must not transfer (assign), sublet or otherwise part with or share possession of the Room without the express written consent of the Landlord, which shall be at the Landlord’s discretion.
The Tenant must not attempt to carry out any repairs or maintenance to the Room, the Communal Facilities, the Shared Areas or any other part of the Property.
The Tenant must notify the Landlord’s Representative of all repair and maintenance which the Tenant thinks is necessary in respect of the Room, the Communal Facilities and the Shared Areas, as soon as such requirements become apparent to the Tenant. If the Tenant fails to timeously notify the Landlord’s Representative of wants of repair in respect of the Room, the Landlord will be entitled to charge and the Tenant shall pay on demand to the Landlord such sum as is required to compensate the Landlord for any additional sums incurred by it as a result of such late notice.
The Tenant must notify the Landlord’s Representative of any part of the Room Contents which becomes broken or missing at any time after the Start Date.
The Tenant must use the Communal Facilities and Shared Areas in an appropriate and respectful manner and only for the uses for which they are provided. If the Tenant causes damage to any part of the Property, the Tenant must reimburse the Landlord on demand in respect of the cost of making good such damage.
The Tenant must identify itself and its guests, visitors and other invitees to any member of the Landlord’s staff who reasonably asks the Tenant to do so.
When the Tenant is entering or exiting buildings in the Property, it must ensure that all doors are closed behind the Tenant. The Tenant must not leave any doors at the Property open, wedged open or unlocked/on the latch.
The Tenant must not:
1. act in any anti-social manner (including any manner which causes or is likely to cause alarm, distress, nuisance, annoyance or inconvenience to any other person) or in a manner which endangers the wellbeing of others or disrupts or is likely to disrupt the smooth operation of the Property;
2. harass or intimidate any person;
3. abuse any person in any way, whether physical, verbal, written or otherwise in any way;
4. threaten harassment to any person;
5. injure or damage the property of any person; nor
6. do anything else that might cause offence to any person.
The Tenant must not bring any drugs or medications into the Property unless prescribed for use by the Tenant by a medical professional. The Tenant must not misuse drugs or other substances (whether illegal or otherwise) or take part in any illegal, dangerous or reckless activity in the Property.
The Tenant must not smoke in any part of the Property except in the external designated smoking area(s). Smoking includes the use of cigarettes, cigars, pipes and similar, as well as e-cigarettes, vaping devices and similar.
The Tenant must comply with the Landlord’s acceptable internet use policy while using the wifi broadband available at the Property.
The Tenant must not bring any weapons or replica/imitation weapons or fireworks into the Property. Where any sports equipment could reasonably be used as a weapon (for example, archery equipment, climbing axes and baseball bats), the Tenant may only bring such equipment into the Property if it has first notified the Landlord’s Representative of the equipment in question and has provided evidence acceptable to the Landlord’s Representative of the bona fide use of such equipment by the Tenant for sporting purposes.
The Landlord is entitled to confiscate or remove any item from any person in the Property or any unattended items on either a temporary or permanent basis, where the Landlord deems it reasonable to do so (for example, if the item is illegal, dangerous or may cause a health and safety risk or other risk or threat to any person or property).
The Tenant must limit the level of noise it causes in the Property so as not to disturb, annoy or inconvenience any other person. In particular, the Tenant must not cause or permit any noise to be made in the Room and which would be audible outside the Room, during the hours of 10.30pm to 8.30am each night.
The Tenant must obtain the approval of the Landlord’s Representative (which shall be at the Landlord’s Representative’s discretion) prior to holding a party or other social gathering of more than six people at the Property. Any parties or other social gatherings of more than six people must be held in such part of the Property as the Landlord’s Representative permits and must not be held in the Room.
The Landlord may refuse entry to the Property to any guest or other non-resident at any time, where the Landlord deems it reasonable to do so.
The Tenant must:
1. comply with all fire safety and other emergency requirements in the Property Handbook;
2. evacuate the building by nearest safe exit point in the event of the fire alarm sounding. There is no “shelter in place” system in operation in the Property. The Tenant must participate in all fire and other emergency drills;
3. notify the Landlord of any situation which is an emergency or is likely to become an emergency, immediately once it is discovered.
The Tenant must immediately notify the Landlord’s Representative if it has a concern about the welfare of any person at the Property, whether that person is a tenant of the Property or not.
The Tenant must not duplicate any keys, cards or other materials giving access to the Room or any other part of the Property or give any keys, cards or devices allowing access to the Room or Property to any other person or allow or permit any person to use any keys, cards or devices to enter the Room. The Tenant will report any loss of access keys, cards and devices to the Landlord’s Representative immediately once the loss is discovered. The Tenant will not add any locks to access doors and internal doors of the Room. While the Landlord will assist in facilitating access if the Tenant is locked out of the Room, the Landlord reserves the right to charge a reasonable fee for such assistance.
The Tenant must not interfere or tamper with any window opening restrictors or attempt to open windows beyond the window opening restrictors.
The Tenant must not:
1. bring into the Property nor use in the Room any electrical or electronic item (including chargers and cables) other than an item purchased in the UK, manufactured in accordance with UK safety standards and used for the purpose for which it was designed and in accordance with manufacturer’s instructions;
2. bring into the Property nor use in the Room any electrical or electronic item which has been adapted or modified after purchase or which comes from outside of the UK;
3. use any plug adaptor or similar device to enable electrical items that do not have a UK three point plug to be connected to the electricity supply anywhere at the Property;
4. recharge any batteries, devices or other items (including electric scooters) in the Room or elsewhere at the Property, except laptops, tablets or mobile telephones sold in the UK, manufactured in accordance with UK safety standards and used and recharged in accordance with manufacturer’s instructions;
5. overload any plug socket or electrical circuit in the Room or anywhere else at the Property;
6. use any electrical or electronic item or any other item or device in a manner which causes or may cause a risk to the health and safety of any person or property; nor
7. use any electric blankets or decorative rope lights in the Room.
The Landlord is entitled to remove from the Room and/or any other part of the Property any item which is not in compliance with the provisions of clause 11.24 and shall not be obliged to compensate the Tenant in respect of the removal of any such item. Where the Landlord incurs costs in disposing of any such item, the Tenant will reimburse the Landlord in respect of such costs.
The Tenant is responsible for all electrical items it brings into the Property, including the costs of any damage or loss caused by the use of such items.
The Tenant must not do anything which is likely to cause a blockage in or otherwise harm any drains or pipes serving any part of the Property (including the Room). The Tenant must not put any item down toilets other than toilet paper. Specifically, the Tenant must not dispose of any sanitary items, wet wipes or similar items in the toilets nor dispose of any oil or grease down any drains.
The Tenant must not:
1. remove any door closers or interfere with any fire safety or other building safety devices in the Property;
2. wedge any fire doors in an open position;
3. tamper with or obstruct any fire safety equipment, including fire extinguishers or hoses, fire blankets, fire alarms (including sounders and break glass boxes) and detectors;
4. tamper with or obstruct any fire signage, fire doors or emergency exit routes;
5. tamper with or obstruct any safety devices or equipment regardless of their purpose;
6. improperly activate any fire alarm or similar emergency system and in any case where the Tenant does so, it must pay the Landlord on demand all reasonable costs incurred by the Landlord in connection with the Tenant having done so.
The Tenant must not allow anything to be done that voids or invalidates or reduces the level of cover of any insurance held by the Landlord in respect of the Property and must pay to the Landlord on demand any additional premiums due or insurance sums lost as a result of the actions of the Tenant
The Tenant must keep any bicycles and scooters in the identified bicycle storage areas and must not take such items into any other part of the buildings in the Property (including the Room). The Landlord shall be entitled to remove from the bicycle storage area any bicycles, scooters or other items which appear to have been abandoned as at the end of August in each calendar year. If such bicycles, scooters or other items remain unclaimed for at least 30 days, the Landlord shall be entitled to dispose of them, without any liability to the Tenant or any other person.
The Tenant must not keep any car, motorcycle or other motor vehicle on any part of the Property except as expressly permitted by the Landlord. The Tenant acknowledges that any parking in breach of this provision may incur liability for a penalty charge.
In the event of the Tenant breaching or being suspect of breaching or alleged to have breached any provision of this Agreement, the Landlord’s Representative may call a meeting with the Tenant to discuss the matter. The Tenant must attend any such meeting, engage openly with the Landlord’s Representative and promptly complete any actions required following from such meeting.
If the Tenant is responsible for any charge or cost or matter along with any other person, the cost will be shared equally between the relevant parties unless one party has offered to pay a greater share of the charge or cost.
This Agreement is specifically in respect of student accommodation (in terms of paragraph 5 of Schedule 1 to the Private Housing (Tenancies) (Scotland) Act 2016) and is not a private residential tenancy agreement.
The Tenant consents to the Landlord holding, using and disclosing its personal data for all lawful purposes in connection with this Agreement. The Tenant permits the Landlord to share any data or information about the Tenant with the university or college attended (or formerly attended) by the Tenant, with any local authority and/or with Guarantor. In addition, in the event of the Landlord having concerns about the welfare of the Tenant, the Tenant consents to the Landlord sharing relevant information with the Tenant’s next of kin or other nominated contact point.
Any advertising materials and/or show flat used to advertise the Property (including the Room) for let are accepted by the Tenant as being for illustrative purposes only and the Tenant accepts that such advertising materials and/or show flat are not intended to be a true and complete representation of what the Room or any other part of the Property will look like. Any accessories, equipment and decoration within a show flat or shown in advertising materials are for illustrative purposes only.
The Tenant acknowledges that the Landlord may use CCTV and other monitoring systems to monitor parts of the Shared Areas and Communal Facilities and other parts of the Property as the Landlord deems appropriate. The Tenant acknowledges that any of the Landlord’s staff, contractors or invitees at the Property may wear body-worn cameras while at the Property.
If any party requires to serve a formal notice or similar formal communication on any other party, it may be served by sending it by Royal Mail Signed For / Recorded Delivery or by having it served by Sheriff Officers (or in each case by any other appropriate tracked delivery service if the address is outwith the United Kingdom) to:
1. the Landlord at its registered office; or
2. the Tenant at the Room or its last known address outwith the Room; or
3. the Guarantor at its address given in clause 1 of this Agreement,
4. and, in the case of notices sent by Royal Mail Signed For / Recorded Delivery, will be deemed to have been served two days after the date of posting.
The Tenant and the Guarantor shall notify the Landlord immediately of any change to any of the Tenant Contact Details or Guarantor Contact Details set out in clause 1 of this Agreement.
Neither the Tenant nor the Guarantor will be entitled to withhold or restrict performance of any obligation by it under this Agreement by reason of any purported right or claim of retention, set-off or counterclaim or for any other reason. All payments due by the Tenant and/or the Guarantor under this Agreement will be made without any retention, deduction, set-off or counterclaim and free from any deduction or withholding in respect of any taxes or similar charges.
Failure or delay by the Landlord in enforcing any provision of this Agreement will not be considered a waiver of any subsequent breach of the same or any other provision of this Agreement.
This Agreement is not valid until it has been signed by all parties and it can be withdrawn at any time prior to being so signed. This agreement may be signed electronically.

12. TERMINATION

This Agreement may be terminated prior to the End Date by the Landlord giving written notice to the Tenant in any of the following circumstances:
1. if the Tenant is in breach of any of the terms of this Agreement and/or has not performed any of the terms of this Agreement;
2. if any part of the Rent is not paid for 14 days after the due date for payment;
3. if the Tenant allows any unauthorised occupation of the Room;
4. if the Tenant ceases to be a student (as set out in clause 5);
5. if the Tenant engages in criminal or anti-social behaviour; or
6. if the Tenant has provided details of a guarantor in a fraudulent manner or sought to mislead the Landlord in respect of the existence or credentials of any guarantor.
If this Agreement is terminated as set out in clause 1, the Tenant must leave the Room within such period as is prescribed by law and its rights to occupy the Room will then be at an end but without prejudice to the Tenant’s obligations to pay the Rent until the End Date and to comply with all other unmet obligations in terms of this Agreement.
The Landlord will be entitled to terminate this Agreement by giving written notice to the Tenant prior to the End Date in the event of the Room and/or any Shared Areas on which the Room depends for access being destroyed or made uninhabitable or inaccessible. In the event of such termination:
1. the Tenant must leave the Room within such period as is prescribed by law;
2. unless the Tenant was responsible for the destruction or the making uninhabitable or inaccessible of the Room (for example, due to breach by the Tenant of the provisions of this Agreement), the Rent shall not be payable in respect of the period beginning on the day after such termination of this Agreement and the Landlord will refund to the Tenant any Rent paid in advance by the Tenant in respect of such period, on a pro-rata basis;
3. the Tenant will remain responsible for fulfilling all obligations incumbent on the Tenant in respect of the period up to the Termination Date; and
4. the Landlord will not be obliged to provide or find alternative accommodation for the Tenant.
For the avoidance of doubt, notice under this clause 12.3 may be issued prior to the Start Date.
This Agreement will automatically come to an end on the End Date, without any need for the Landlord or the Tenant to serve any formal notice on the other party. The legal rule known as “tacit relocation” does not apply to this Agreement.
Termination or expiry of this Agreement shall not affect any accrued rights and liabilities of either party at any time up to the date of termination or any provision which is intended to continue beyond the Termination Date

13. DEPOSIT

The Landlord will lodge the Deposit with the Tenancy Deposit Scheme within 30 days of the Start Date.
There is no interest payable on the Deposit.
If the Tenant is responsible for paying a particular cost or carrying out a particular action or fulfilling a particular obligation in terms of this Agreement and the Tenant fails to do so, the Landlord can apply for any necessary costs to be deducted from the Deposit.
The Landlord is also entitled to make deductions from the Deposit in circumstances including:
1. deductions to cover the cost of damage or loss caused to the Room (including the Room Contents);
2. unpaid Rent and other unpaid costs and charges (including interest and administrative costs) in terms of this Agreement;
3. cleaning charges arising from the Room not being properly cleaned and maintained in terms of the Tenant’s obligations under this Agreement; and
4. any other costs arising from the Tenant’s failure to fulfil its obligations in terms of this Agreement.
Within 30 days of the Termination Date or, if later, the day on which the Tenant leaves the Room, the Landlord will ask the Tenancy Deposit Scheme to release the Deposit, specifying the amounts payable to the Landlord and the Tenant. If the Tenant disagrees with the amounts the Landlord has specified, the Landlord and the Tenant will submit to the dispute resolution process administered by the Tenancy Deposit Scheme.
For the avoidance of doubt, the Deposit is not a cap on the Tenant’s liability and the Tenant will remain liable for all costs payable by the Tenant to the Landlord in terms of this Agreement and which are not deducted from the Deposit.
The Tenant will provide any necessary information to the Tenancy Deposit Scheme in connection with its holding and release of the Deposit.
If this Agreement is cancelled as set out in clause 1, the Deposit will be returned to the Tenant by the Landlord as soon as reasonably practicable following cancellation. In the event of banking charges being incurred in respect of return of the Deposit (for example, if it is sent to a bank outwith the UK), such banking charges will be deducted from the value of the Deposit returned to the Tenant.

14. GUARANTEE

The Guarantor irrevocably guarantees to the Landlord that the Tenant shall pay the Rent punctually and observe and perform the terms of this Agreement in full and on time. If the Tenant fails to pay the Rent and/or observe and perform any of the terms of this Agreement, the Guarantor shall, immediately when demanded by the Landlord, pay the Rent or observe and perform the relevant terms. In addition, the Guarantor shall indemnify the Landlord in respect of all liabilities, losses, costs, damages and expenses incurred by the Landlord by reason of the Tenant’s failure to pay the Rent and/or observe and perform any of the terms of this Agreement, together with interest at the rate specified in clause 2.2, and all costs and expenses properly incurred by the Landlord in connection with the enforcement of this clause 14.
The Guarantor’s obligations under this Agreement are a separate and independent primary obligation to indemnify the Landlord against any failure by the Tenant to pay the Rent and/or observe or perform any of the terms of this Agreement.
The Guarantor undertakes to indemnify the Landlord, on demand, against all liabilities, losses, costs, damages and expenses which the Landlord may incur as a result of any of the obligations of the Guarantor in terms of this clause 14 being or becoming void or unenforceable for any reason or such obligations for any reason not being recoverable or capable of performance, together with interest at the rate specified in clause 2.2.
The liability of the Guarantor under clauses 1 to 14.3 shall continue until the Tenant has fulfilled and been released from all of their obligations under this Agreement.
The liability of the Guarantor shall not be affected by:
1. any time or indulgence given by the Landlord to the Tenant;
2. any delay or forbearance by the Landlord in enforcing the payment of the Rent or the observance or performance of any of the Tenant’s obligations in terms of this Agreement or in making any demand in respect of them;
3. the Landlord exercising any right or remedy against the Tenant for any failure to pay the Rent or to observe or perform the Tenant’s obligations in terms of this Agreement;
4. the Landlord taking any action or refraining from taking any action in connection with the Deposit;
5. any variation of this Agreement;
6. the Tenant leaving the Room, for whatever reason (and whether or not at the instance of the Landlord or the Tenant);
7. the Tenant dying, becoming bankrupt or becoming incapable of managing their affairs; or
8. any other act, omission or event whereby (but for this clause) the Guarantor would be discharged in whole in in part from their obligations under this Agreement.
Until the obligations of the Guarantor in terms of this clause 14 have been fully and unconditionally paid or performed, the Guarantor will not be entitled to share any money received by the Landlord on account of such obligations and the Guarantor will have no recourse against, and not be entitled to pursue any right or remedy against, the Tenant.
The Guarantor consents to the Landlord holding, using and disclosing its personal data for all lawful purposes in connection with this Agreement.

15. OTHER INTERPRETATION

Where there is more than one person comprised in the Tenant or the Guarantor at any given time, the persons comprised in the Tenant or the Guarantor (as the case may be) shall be jointly and severally liable for the obligations of the Tenant or the Guarantor (as the case may be) in terms of this Agreement.
Obligations owed by any person are owed by them along with their respective executors and representatives whomsoever without the necessity of discussing them in their order.
In this Agreement, “includes”, “including”, “such as”, “for example” and similar words are used without limitation or qualification to the subject matter of the relevant provision.
References in this Agreement to:
1. an Act are to that Act as amended from time to time and to any Act that replaces it;
2. the singular includes the plural and vice versa, and one gender includes any other;
3. a clause are to the relevant clause of this Agreement; and
4. any amounts being payable on demand or when demanded mean being payable when demanded in writing.
Obligations in this Agreement not to do something include an obligation not to permit or allow another person to do it.
The rights of the Landlord in this Agreement may also be exercised by those authorised by the Landlord.
If any provision or part of any provision of this Agreement is held to be illegal, invalid or unenforceable, that provision or part will apply with such modification as may be necessary to make it legal, valid and enforceable. If modification is not possible, that provision or part will be deemed to be deleted. The legality, validity or enforceability of the remainder of this Agreement will not be affected.
This Agreement is governed by Scots Law and the parties to it agree that the Scottish courts have jurisdiction to settle any disputes arising under this Agreement. The Tenant and/or Guarantor shall not be entitled to raise any proceedings or take any other legal steps against the Landlord in any jurisdiction outside Scotland.

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