1. Introduction
2. Application / Holding Deposit & Process
3. Refunds
4. Guarantor – Terms & Conditions of Guarantee
TERMS AND CONDITIONS
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
[You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]
[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Student Housing Lincoln’s Terms and Conditions, Privacy and Cookie Policy
Application – Holding Deposit and process;
1. On application; a holding deposit of £50 per tenant is due, once all applications for the property have been received the property will be reserved for the first group, for up to 14 days. Within 14 days we require the receipt of a guarantor document and signed tenancy agreement.
Should this process take longer than 14 days we will be unable to reserve the property any longer for you.
Part applications (where one or more tenants within the group have not completed their part of the application) will not form a full application and we will not be able to hold the property for the group until all applications from all tenants within that group have been received).
Refunds:
1. Your Holding deposit is not refundable.
2. In certain circumstances your application holding deposit can be transferred towards the cost of application of another property should we not be able to offer you the applied for property or should you wish to not progress your application.
3. Your application holding deposit is paid to reserve the property. Should you decide not to continue the application your fee will not be refunded.
4. In the event we’re unable to offer you tenancy of your applied for property, we will refund your holding deposit within 10 working days.
5. Should the property be applied by 2 prospective tenants or groups of tenants at the same time the property will be reserved for the first full application based on a first come first serve basis.
An “application” is deemed to be “full” when all tenants within the party have completed their individual part of the application. The first group to complete the full application will be able to progress their application to the signing of tenancy. The unsuccessful group will of course be offered a refund of their holding deposit under item 4 in this schedule.
6. At any time the Agent and landlord reserves the right to cancel any application whether inside or outside of the 14 day reservation period.
7. The landlord and Agent reserve the right to refuse any application at any point for any reason. The agent will endeavour to contact the applicants within 30 days of application to make them aware of the refusal.
Guarantor – Terms & Conditions of guarantee
- The Guarantor agrees that they have read the draft tenancy agreement and agrees with the
terms and conditions of the tenancy. A copy of this agreement can be found on https://student-housing.co.uk/tenants/downloads/ Once signed by the tenant(s), a signed copy can be
provided to the guarantor upon request.
- The Landlord agrees to let the Property to the Tenant(s). In consideration of this, the
Guarantor agrees to act for the Tenant(s) should he/she/they/them fail, for any reason, to
meet the financial commitments arising from the Tenancy Agreement entered into in
respect of the Property. - The Guarantor Agreement refers to the current tenancy being undertaken and any
extension or renewal of that tenancy. All references to the Landlord herein shall be deemed
to include the Landlord’s Agent or any person authorised to act on the Landlord’s behalf. - The Guarantor undertakes to pay to the Landlord from the date of this Agreement until the end of the tenancy (including extension or renewal of that tenancy, whether periodic or fixed), any sum of money that becomes due and unpaid by the tenant. This includes Rent, Damages and utility Bills but could include any other sum due to the Landlord by the Tenant and is not deemed to be an exhaustive list.
- The Guarantor shall pay and make good to the Landlord on demand all reasonable losses
and expenses of the Landlord incurred as a result of default by the Tenant in the
performance or observance of the Tenant’s covenants under the Tenancy Agreement. Any
failure of the Landlord in demanding or collecting the Rent when it falls due, and any time to
pay which may be given to the Tenant by the Landlord shall not release the Guarantor or in
any way affect the liability of the Guarantor under this agreement. Should the Guarantor die
during the currency of this agreement, the Guarantor’s estate will be liable as surety and co-principal debtor. - If the tenancy is for a fixed term, then this guarantee applies for the whole of the term and
is not revocable during that term. - If the tenancy is periodic or has become periodic by agreement or the operation of law, then
this guarantee may be terminated by written notice by the Guarantor subject to the Tenant
vacating at the earliest legally permissible date required for possession. If the Tenant fails
to vacate on this earliest date then the guarantee shall continue until the Tenant vacates. - It is agreed that there shall be no right to cancel this agreement once the tenancy has been
signed by the tenant and the Consumer Protection (Distance Selling) Regulations 2000
shall not apply in this case.
License to use website
Unless otherwise stated, Student Housing Lincoln and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use or reference, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
- [edit or otherwise modify any material on the website; or]
- [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Student Housing Lincoln’s express written consent.
[You must not use this website to transmit or send unsolicited commercial communications.]
[You must not use this website for any purposes related to marketing without Student Housing Lincoln’s express written consent.]
Restricted access
[Access to certain areas of this website is restricted.] Student Housing Lincoln reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Student Housing Lincoln’s discretion.
If Student Housing Lincoln provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Student Housing Lincoln may disable your user ID and password in Student Housing Lincoln’s sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Student Housing Lincoln a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Student Housing Lincoln the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Student Housing Lincoln or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Student Housing Lincoln reserves the right to edit or remove any material submitted to this website, or stored on Student Housing Lincoln’s servers, or hosted or published upon this website.
[Notwithstanding Student Housing Lincoln’s rights under these terms and conditions in relation to user content, Student Housing Lincoln’s does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Student Housing Lincoln makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Student Housing Lincoln does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
Student Housing Lincoln will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Student Housing Lincoln has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Student Housing Lincoln’s liability in respect of any:
- death or personal injury caused by Student Housing Lincoln’s negligence;
- fraud or fraudulent misrepresentation on the part of Student Housing Lincoln; or
- matter which it would be illegal or unlawful for Student Housing Lincoln to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
[You accept that, as a limited liability entity, Student Housing Lincoln has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Student Housing Lincoln’s officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Student Housing Lincoln’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Student Housing Lincoln.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Student Housing Lincoln and undertake to keep Student Housing Lincoln indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Student Housing Lincoln to a third party in settlement of a claim or dispute on the advice of Student Housing Lincoln legal advisers) incurred or suffered by Student Housing Lincoln arising out of any breach by you of any provision of these terms and conditions, [or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Student Housing Lincoln’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Student Housing Lincoln may take such action as Student Housing Lincoln deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Student Housing Lincoln may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Student Housing Lincoln may transfer, sub-contract or otherwise deal with Student Housing Lincoln’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Student Housing Lincoln in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with UK & WALES GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of ENGLAND & WALES.
[Registrations and authorisations]
Student Housing Lincoln is a trading name of Lincoln Property Company LTD. You can find the online version of the register at www.LincolnPropertyCompany.co.uk. Lincoln Property Company LTD – registration number is 09539504.
Student Housing Lincoln’s details
Student Housing Lincoln’s registered address is; Student Housing, St Mark Street, Lincoln, LN5 7BA.
General Contract Terms
Student Housing Lincoln and Lincoln Property Company LTD reserve the right to withhold tenancy for a breach of terms. In order to be released from a tenancy a £249 fee will be applied upon finding a suitable replacement.