PLEASE READ AND AGREE TO THE FOLLOWING ASSURED SHORTHOLD TENANCY AGREEMENT *

1. Definitions and interpretation

In these Tenancy Terms and Conditions:

The expression “Landlord” includes successors in title and any other person who at any particular time has the right to receive rent under the Tenancy Agreement.

“Booking Details” means the Booking Details including the details of your accommodation, the Residence, Your Payments and the Length of Stay (among other things);

“Contents” means the furnishings, fixtures and fittings within your accommodation as listed on the inventory to be provided to you on moving in to your accommodation;

“accommodation” means the accommodation apartment referred to in the Booking Details, including its Contents, but excluding the Service Media in the accommodation;

“Length of Stay” means the length of stay as specified in the Booking Details being the period from and including the Check In Date and ending on and including the Check Out Date as specified in the Booking Details;

“Housing Act 1988” means the Housing Act 1988 (as amended by the Housing Act 1996);

“Residence” means the Residence identified in the Booking Details where your accommodation and the Residence Common Areas are situated;

“Residence Common Areas” means the entrance hall, stairs, corridors, laundry, courtyard, lifts, bicycle store (where applicable) and any other common areas in the Residence provided for the benefit of all residents;
“Regulations” means such regulations as we may make for the purpose of ensuring the safety, security, cleanliness and good management of the Residence, any part of it, or the comfort or convenience of the residents of accommodations in the Residence, or the efficient or economical performance by us of our obligations under the Tenancy Agreement;

“Rent” means the amount stated as the Annual amount in the Booking Details

“Service Media” means central heating and hot water systems, electrical services for power and lighting, drainage and water services, and any data or phone services provided;

“Special Conditions” means the Special Conditions referred to in the Booking Details; and

“Tenancy Agreement” means the tenancy agreement constituted by the Booking Details together with these Tenancy Terms and Conditions.

Unless set out to the contrary in these Tenancy Terms and Conditions, all terms defined in the Booking Details shall have the same meanings given to them in these Tenancy Terms and Conditions.

When used in these Tenancy Terms and Conditions, the expressions “us” “we” and “our” shall be taken as references to the Landlord and the expressions “you” and “your” shall be taken as references to the resident.

Any obligation on us or you not to do any act or thing is also an obligation to take all reasonable steps not to permit or suffer any other person to do any such act or thing.

If any party to this Tenancy Agreement comprises two or more persons, all obligations and liabilities of that party are joint and several. This means that where, for example, the resident is more than one person, each person will be liable for all sums due under the Tenancy Agreement and not just liable for a proportionate part.

Headings used in these Tenancy Terms and Conditions are for convenience only and are not to be considered in interpreting the Tenancy Agreement.
The Tenancy Agreement is an Assured Shorthold Tenancy as defined by sections 19A and 20 of the Housing Act 1988 and the provisions for the recovery of possession by us in the Housing Act 1988 apply to the Tenancy Agreement.
If when this Tenancy Agreement is signed you are under 18 years of age, the Tenancy Agreement will as a matter of law take effect as a license to occupy until such date as you become 18.

A reference to written or writing includes e-mail.

2. The letting

We let your accommodation to you for the Length of Stay subject to the Booking Details and these Tenancy Terms and Conditions.

You are granted the following rights for the benefit of your accommodation in common with us and all other residents of the Residence (including all other persons from time to time duly authorised by us).

The right to use the Residence Common Areas and the right to come and go to and from your accommodation over such of the Residence Common Areas as are designed or designated to allow access.

We reserve the right for ourselves and all those authorised by us to enter your accommodation (except in an emergency, when no notice will be given) for any necessary purpose, including inspections, viewings with prospective residents, repairs and alterations.
We also reserve for ourselves and all those authorised by us the right to the free passage and running of water, soil, gas and electricity through any pipes, cables, wires, drains or sewers passing in or through your accommodation.

Conditions of this Tenancy Agreement:

you remaining a student in full-time education throughout the Length of Stay;

that you are not in breach of any previous tenancy with us; and

you have no unspent criminal convictions.

If you breach any of these conditions you will be in breach of the Tenancy Agreement, although such a breach will not allow you to terminate or avoid liability under the Tenancy Agreement. Similarly, if we have reasonable cause to believe that you have committed any act of fraud or other similar criminal activity in entering into this Tenancy Agreement or in making any payment due under this Tenancy Agreement, you will be in breach of its terms.

If you breach this Tenancy Agreement, we reserve the right to (and you expressly consent that we may) inform your Guarantor, the academic establishment at which you are studying and any other relevant authorities of the circumstances of your breach.

3. Our obligations

We agree with you that if you pay the Rent and all other payments by their due date and perform all your obligations under the Tenancy Agreement, then you may possess and enjoy your accommodation during the Length of Stay without any interruption from us or any person acting on our behalf (except for any reason expressly set out in these Tenancy Terms and Conditions) and we will:

maintain and repair the structure of the Residence including the window frames and window glass;

maintain, repair, decorate, clean and provide adequate heating and lighting to the Residence Common Areas

maintain all Service Media serving the accommodation and Residence Common Areas;

provide security facilities for the Residence;

and provide and maintain such equipment as we think fit in the Residence Common Areas.

We reserve the right at any time or times during the Length of Stay to move you to alternative accommodation (which may be in a hotel) for the purpose of carrying out emergency repairs to your accommodation and/or the Residence or if we consider it necessary or desirable, to include to avoid difficulties between residents or for the better management of the Residence PROVIDED THAT:

you are given reasonable notice (except in emergency);

the alternative accommodation is of substantially no lesser standard than your accommodation; and

you will occupy the alternative accommodation on the same terms as those of the Tenancy Agreement, including the Rent payable.

4. Your obligations

You agree to:

accept your accommodation, Residence Common Areas, and the Residence as being in good repair and condition and fit for the purposes for which they are let and/or intended to be used from the start date unless you let us know in writing in accordance with clause 16 of any defects in the condition and repair within 48 hours of you moving into your accommodation (which means when you collect your keys);

accept that all the Contents are present in your accommodation unless you let us know in writing in accordance with clause 16 that items are missing from the inventory within 48 hours of moving into your accommodation;

provide us with a certificate of exemption for council tax within 6 weeks of registering with your university or college or 10 weeks of your Check-In Date (whichever is sooner). You are responsible for the payment of council tax and you will reimburse us for any council tax we are required to pay as a result of you not providing us with a certificate of exemption;
comply with any Special Conditions; and

comply with any Regulations relating to your conduct in the Residence which we may notify you of in writing from time to time, if there is any conflict between these Tenancy Terms and Conditions and those Regulations, these Tenancy Terms and Conditions will apply.

Allow entry by the Landlord and Agent
Provided the Landlord has given the tenant(s) at least 24 hours prior notice, the Tenant(s) agrees to allow the Landlord or the Landlord’s Agent and any superior landlord (and where necessary with workmen and others) entry at all reasonable times during the Tenancy Period (or without notice in emergency) to enter the Property where required for the purpose of:
(a) Repairing or painting the outside of the Property or carrying out any structural or other necessary repairs to the Property
(b) Examining the state and condition of the Property and of the Contents
(c) Showing the Property to prospective tenant(s) or purchasers

Notice to repair

If the Landlord or the Landlord’s Agent provides the Tenant(s) with written notice requiring the Tenant(s) to remedy any failure by the Tenant(s) to comply with the above, the Tenant(s) will carry out the necessary remedial work within one month from being given the notice.

The Resident(s) agree that on the due date of any amount due under this Agreement, the Bank will debit the amount due from the resident’s nominated bank account unless rent for the full contract is to be paid in advance in which case payment must be received by the due date in cleared funds. Should there be insufficient funds in the nominated bank account to pay all such sums when due, the full amount of such deficiency shall be immediately due and payable by the Resident. The direct debit may require an account set up with GoCardless or other application which will be required to set out to initiate your check-in.

The resident (s) agrees that on the due date of any amount due under this Agreement, the Bank will debit the amount due from the resident’s nominated bank account. Should there be insufficient funds in the nominated bank account to pay all such sums when due, the full amount of such deficiency shall be immediately due and payable by the Resident.

You will not off-set any amounts against the Rent or any other amounts due. We are not required to send reminders about payment due dates.

If you are in debt to us or any other group company in Volume.Property’s group of companies, you agree that any payments we receive from you will be allocated to the oldest debt first, which will include any sum that you still owe under any former tenancy agreement with us.

Anybody who makes payments on your behalf towards Rent or other amounts due from you under this Tenancy Agreement does so as your agent, however in such circumstances you will remain liable for the payment of all sums under this Tenancy Agreement and all our rights and remedies against you remain fully preserved. Where applicable, funds will only be returned to you following the end of the Length of Stay, except for any deposit (if a deposit has been paid and is detailed in the Booking Details) which (if there is no claim to it under the Tenancy Terms and Conditions) will be refunded to the person who originally paid it (unless this is no longer possible and in which case payment will be made to you).

If payment of the Rent or any other amount due from you under this Tenancy Agreement is late, you agree to pay interest at the rate of 3% per annum above the base rate of Bank of England from time to time on the outstanding amount from the date payment was due until the payment is made in full (both before and after any judgment by a Court). Interest will be charged on a daily basis.

If payment of the Rent or any other money due from you under this Tenancy Agreement is late we reserve the right to:

remove internet access whilst your account is in arrears;

refer your account to a debt collection agency and charge you all reasonable costs and expenses (including legal costs) and any VAT incurred by us in order to recover outstanding Rent or other monies unpaid by you;

remove any promotional discounts relating to your Tenancy Agreement.

5. Your obligations to maintain your accommodation

You agree that you will:

maintain your accommodation and its Contents in at least as good repair, condition and decorative order and level of cleanliness as they are at the Check-In Date (except for damage by accidental fire and water from the Service Media and fair wear and tear). The inventory we provide you on moving in to your accommodation shall be evidence of the Contents’ existing condition, and any defect shall be noted on the inventory referred to in clause 4.1.2;

Ensure you have use of an iOS or Android device throughout your tenancy as your key to your accommodation is digital and is provided through a mobile app which requires bluetooth and internet access.

Use the residents’ emergency line in an appropriate manner and for urgent issues only, failure to do so may result in charges being added to your account.

Not remove any cables front the charging station area, and you will be charged if you or a visitor is found to remove these for any period

Ensure a mattress protector is fitted to your mattress throughout your Length of Stay

not remove any of the Contents from your accommodation and notify us of any damage in your accommodation and/or the Contents and/or the Residence at your earliest opportunity; and

operate the Service Media and electrical appliances in the accommodation in accordance with the manufacturer’s instructions and not change, damage, alter or interfere with them and ensure that any electrical appliances which are not supplied by us comply with all relevant standards and regulations.

You also agree to pay us a fair and reasonable proportion, as determined by us, of any costs we incur in repairing any damage to your accommodation or the Contents (including replacement items where this is necessary), and unless there is evidence to the contrary, these costs shall be apportioned as if:
you caused the damage to your accommodation or the Contents;

6. Resident conduct

You agree that you will occupy your accommodation for personal residential purposes only and that you will not:
sublet your accommodation or share occupation of your accommodation; and carry out any profession, trade or business in your accommodation.

You also agree that you will not use your accommodation or the Residence for any improper, immoral or illegal purpose nor in any way which may, in our reasonable opinion, be a nuisance, damage or annoyance to the other residents of the Residence, or neighbours, or any other person. In particular, you will:

Not smoke inside or in the vicinity of the Residence (including E-cigarettes);

Not cause any noise which, if made within your accommodation, can be heard outside your accommodation;

Not keep or use drugs or psychoactive substances, the possession or use of which is prohibited by law (including but not limited to the Misuse of Drugs Act 1971 or the Psychoactive Substances Act 2016);

Not keep or use any firearms, knives (other than kitchen knives), or any other weapons;
Not harass, threaten or assault any other residents, their guests, our employees or any other person;

Not tamper with our fire prevention systems and control equipment (including not maliciously, recklessly or negligently activating such fire prevention systems) and to vacate the Residence (and to ensure that any visitors you have also vacate the Residence), immediately whenever the fire alarm is sounded. Please notify us in advance should you have any visitors to your accommodation who may require assistance should it be necessary to evacuate the Residence. You should note that tampering with fire prevention/life-saving equipment such as, but not restricted to, fire extinguishers, fire doors and smoke detectors, is a criminal offence (punishable by a fine and/or imprisonment) and it will be treated as a serious breach of the tenancy agreement;

Not use designated fire escapes except for the purposes of emergency escape;

Not keep, store or use any gas or oil heater or other fuel burning appliance in the Residence including candles and any other flame lit device;

Not keep any animal, bird, insect or reptile;

Not erect any external wireless or television aerial or satellite dish at the Residence or hang clothes or fabrics out of the windows or doors of the Residence;

Do anything at the Property which is illegal or immoral or is a nuisance, disturbance or annoyance to the
occupiers of any adjoining premises

Hang on the outside of the Property any flower box, flowerpot or similar object or any clothes or other articles, without the Landlord’s prior written permission

Block, or put noxious or damaging substances into, the sinks, baths, lavatories, cisterns or waste or soil pipes in the Property or allow them to overflow

Take reasonable steps to keep the Property adequately ventilated and heated to prevent damage from condensation; and

Dispose of all rubbish in an appropriate manner and at the appropriate time.

Alter or add to the Property internally or externally

Comply with all laws and the recommendations of the relevant utility suppliers and insurers (h)

Use blue-tack, sticky tape or other sort of adhesive-like product on walls or ceilings in the property

Change the décor of the interior of the Property

Decorate the exterior of the Property

You will also make sure that any guests/visitors you may have to the Residence comply with the provisions of this Clause 6 and you agree that you will be responsible for the conduct of guests/ visitors.

7. Transfer of tenancy

You agree that you will not transfer the tenancy created by the Tenancy Agreement to anyone else without first obtaining our written consent, which we will not unreasonably withhold. However, we may as a condition of the proposed transfer:

require the incoming resident to provide a guarantor of his/her own in respect of the obligations of the incoming resident under the Tenancy Agreement; and

require the incoming resident to enter into an agreement with us which confirms that the incoming resident will observe and comply with the obligations of the resident contained in the Tenancy Agreement.

If we agree with you to change accommodations to another accommodation owned and/or operated by a company within the Volume.Property group of companies, you hereby agree to be bound by the terms of this Tenancy Agreement in respect of such accommodation (until such time as you enter into a new tenancy agreement).

8. Checking in and out of the accommodation

You will be able to check in to your accommodation no earlier than the first day of your tenancy by booking a move-in slot. Written notice must be provided at least 5 working days prior to your arrival
and:
1. All contracts related to the property must be completed correctly and in full
2. Any payments (if any) should have been received in cleared funds
3. First installment of rent must be received in cleared funds
4. Where applicable, evidence that a standing order or direct debit has been set up for the receipt of rent for the
full contracted period
(b) Inventory: A video Inventory will be carried out which will document the
condition of the property. The tenant(s) must inform the landlord within 48 hours if anything has been missed on
the inventory. Images must be supplied.
(c) Should the previous tenant(s) fail to move out as per our guidelines the new tenant(s) will allow the landlord
or their agent 48 hours to fully clean the property and remove their possessions or any rubbish that has been left
behind without holding the landlord liable.

At checkout you agree to:
return any keys to your accommodation/Residence to us at the end of the Tenancy Agreement no later than 12pm on the date the Tenancy Agreement ends; and pay all reasonable and proper costs and expenses (including legal costs), incurred by us in or in reasonable consideration of proceedings to recover possession of your accommodation and/or outstanding Rent and/or any other sum incurred as a result of you not performing your obligations in the Tenancy Agreement. You must submit your checkout form within 48 hours of vacating the accommodation.

9. Your deposit (if applicable)

The provisions of this clause 9 shall only apply if your Booking Details state that a Deposit is payable.

In this clause 9, “Deposit” means the deposit for the amount stated in the Booking Details and which will be used as security for the performance of your obligations as specified in the Tenancy Agreement.

You agree and acknowledge that the Deposit paid to us by you is paid to us as security for the performance of your obligations under the Tenancy Agreement.

At the end of the Length of Stay, you will be given the opportunity to attend a check-out inspection with one of our representatives with a view to reaching agreement as to what, if any, deductions we will be entitled to make from the Deposit. However, we reserve the right to give you notice of our intention to draw on the Deposit at any time in payment of any sums due from or spent on behalf of you under the Tenancy Agreement. Where applicable, the Deposit, or the relevant amount of the Deposit will be refunded to the person who originally paid it (unless this is no longer possible in which case payment will be made to you).

For the avoidance of doubt, any Deposit paid to any group company of Volume.Property may be used towards any outstanding charge or debt on any other booking with us or any other company which is a Group Company of Volume.Property for any Academic Year.

You will not off-set the Deposit against any payment of Rent or other sums due to us under the Tenancy Agreement.

We agree that the Deposit shall be protected by an approved tenancy deposit scheme provider in accordance with the rules of the Tenancy Deposit Protection Scheme. Confirmation that your Deposit has been protected will be sent to you within the required timescale.

10. Advanced rent

The provisions of this clause 10 shall only apply if your Booking Details state that an Advanced Rent is payable.

In clause 10, “Advanced Rent” means the sum stated in the booking details which will be a true advance payment of rent to cover your Rent payment obligations under this contract.

Payment of the Advanced Rent is a precondition for the completion of this Tenancy Agreement. Any failure to pay the Advanced Rent will entitle us to terminate this Tenancy Agreement without any penalty on our part and with immediate effect. We shall inform you should we exercise our right to terminate the Tenancy Agreement under this clause. The Advanced Rent constitutes a prepayment of your first rental installment. Accordingly, your first installment will constitute the sum detailed in your Booking Details, less the Advance Rent paid.

11. Agreements and declarations

It is agreed between you and us that if at any point prior to the commencement of the Length of Stay:

you are in debt to any group company of Volume.Property or its associated joint ventures; or
you have been notified in writing by any group company of Volume.Property or its associated joint ventures that you are not permitted to stay with Volume.Property (whether such notice predates completion of this Tenancy Agreement or not);

or
you post material on social media platforms or elsewhere which we (acting reasonably) consider to be illegal, immoral, racist, posing a threat of violence or connected any act of terrorism (whether actual, fictional or proposed); or

you (without making arrangements with the Landlord or the Landlord’s Agent) leave the Property vacant or unoccupied for more than three weeks;

or
you cease to be a student in full-time education;

we shall be entitled (but not obliged) to terminate this Tenancy Agreement without any penalty on our part and with immediate effect. We shall inform you should we exercise our right to terminate the Tenancy Agreement under this clause.

It is further agreed between you and us that from the start of the Length of Stay;

the whole or any part of the Rent is unpaid for one month after it becomes due (whether legally demanded or not); or

there has been a breach, non-performance or non-observance of your obligations under this Tenancy Agreement; or

you are in debt to any group company of Volume.Property or its associated joint ventures arising from a previous tenancy agreement; or

you have been notified in writing by any group company of Volume.Property or its associated joint ventures that you are not permitted to stay with us (whether such notice predates completion of this Tenancy Agreement or not); or

you post material on social media platforms or elsewhere which we (acting reasonably) consider to be illegal, immoral, racist, posing a threat of violence or connected any act of terrorism (whether actual, fictional or proposed)
you cease to be a student in full-time education; or

you engage in any criminal or antisocial behavior; or

any of the grounds set out in the Housing Act 1988 Schedule 2 Grounds 2, 6, 8, 10-15 (inclusive), or 17 apply; then we may apply for a Court Order for repossession of your accommodation. If the Court Order is enforced, the Tenancy Agreement will end immediately but without prejudice to any right of action or remedy either you or we may have in respect of any previous breach of the other’s obligations under the Tenancy Agreement.

If your accommodation and/or the Residence is destroyed, or are otherwise damaged so as to make your accommodation incapable of occupation, then we or you may end the Tenancy Agreement by giving the other one month’s written notice.

For the avoidance of doubt, nothing in this clause 10 or 11 shall create any obligation on us to re-market your accommodation and/or grant a new Tenancy Agreement to a third party or relieve you of any payment obligations you have under this Tenancy Agreement.

12. Cancellation policy

We will not accept a cancellation/surrender of your Tenancy Agreement of the Tenancy until a suitable replacement resident is found to replace you. You will remain liable to pay the rent for the Tenancy and all other charges and costs under your Tenancy Agreement for the period to the date that a replacement commences. We reserve the right to charge you a fee in the sum of £100 as a contribution towards our administration costs incurred in dealing with the surrender of the Tenancy Agreement and the sourcing of a new resident.

You can see full details of our cancellation policy at www.volume.property/cancellation-policy

13. Guarantee

The Guarantor will make sure that you pay the Rent and perform and observe your obligations under the Tenancy Agreement. If you do not pay the Rent and/or perform and observe your obligations, the Guarantor will do so instead and the Guarantor is liable to reimburse us for any losses, damages, costs and expenses suffered by or incurred by us as a result. We are under no obligation to bring any claims against you before bringing any action against the Guarantor.

14. Data protection

In order to administer your Tenancy Agreement we need to use your personal information and personal information relating to your Guarantor. To find out more about how we use and share your personal information please see our Privacy Policy, as published at https://www.volume.property/privacy-policy or you can make a written request for a hard copy from our notice address as set out in clause 16. The Privacy Policy also provides information about your rights in relation to your personal information and how you can exercise them.

15. Severability

If any term, condition or provision contained in the Tenancy Agreement shall be held to be invalid, unlawful or unenforceable to any extent, the validity, legality or enforceability of the remaining parts of the Tenancy Agreement shall not be affected.

16. Notices

As required by Section 48 of the Landlord and Tenant Act 1987 you are hereby notified that you may serve notices (including notices in proceedings) on us by you at the following address (and addressed to the Landlord):

Volume.Property, 5 Legge Lane, Birmingham B1 3LD

The address for service of notices on you is the address for your accommodation as set in the Booking Details.

17. Jurisdiction

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18. If the accommodation you are booking is part of an off-plan development, whereby minor changes to the layout, design and numbering of floors and accommodation is subject to change, you agree by paying £99 today that the position of your accommodation may differ from what you see on our website.

If you need to view these terms again, you can do so by visiting www.volume.property/apartmentterms