Student One Elizabeth Street

Cancellation or Amendment of Residential Agreement prior to contract commencement
A cancellation in this instance is where a request is made by a tenant, agent or school not to proceed
with occupation under a Residential Agreement at a Student One property on the previously booked
and confirmed scheduled contract start date. This is not applicable to a re-contract or renewed
agreement where a resident has already signed an agreement for continuation of their stay at Student
One. Current residents do not have the same cooling off period available to them as new tenants.
An amendment in this instance is where a request is made prior to arrival by a tenant, agent or school
to change the date/s of the Residential Agreement at a Student One property on the previously booked
and confirmed contract start and/or end date.
Terms and conditions as they relate to cancellations and amendments vary depending on the
amount of notice provided by the student (or agent) prior to commencement of the lease agreement.
All requests to cancel or amend a contract agreement must be made in writing to Student One
providing the reason for the request. Any refunds made by Student One to the tenant, agent or
school cancelling their Residential Agreement will exclude any financial transaction fees incurred in
making the refund.
Cancellations - Should the cancellation request be received by Student One 14 days or greater prior to
the commencement of the lease, then any monies held by Student One as rent in advance will be
refunded to the Tenant (or agent) within 5 business days of Student One acknowledging the
cancellation request. Once the cancellation request has been acknowledged by Student One then the
student’s obligations to the Residential Agreement are released.
Should the cancellation request be received by Student One less than 14 days prior to the scheduled
contract start date, then two weeks rent, paid as rent in advance will be applied as a cancellation fee by
Student One. Any monies paid over and above 2 weeks rent will be refunded to the Student within 5
business days of Student One acknowledging the cancellation request. Once the cancellation request
has been acknowledged by Student One then the student’s obligations to the Residential Agreement
are released.
Amendments - Should the contract start or end date amendment request be received by Student One
14 days or greater prior to the lease commencement date then Student One will amend the contract
dates on the Residential Agreement subject to availability of the room type. Current publicly advertised
rates at the time of the amendment will apply.
Should the contract start or end date amendment request be received by Student One less than 14
days prior to the lease commencement date no change will be made and the contract agreement will
commence as per the Residential Agreement. Alternatively, the lease will be cancelled, then two
weeks rent, paid as rent in advance will be applied as a cancellation fee by Student One. Student One
may offer a new contract agreement in place of the cancelled lease. The new lease agreement is subject
to availability. Current publicly advertised rates at the time of the amendment will apply.

Cancellations, Amendments, Break lease 05092023 Student One Page 2 of 2
Cancellations and amendments to a Residential Agreement are not allowed after the start date of the
lease, by which time the Contract will be deemed to have commenced. If a student does not arrive to
commence the Residential Agreement, and has not advised Student One of a later arrival date (within
48 hours after the lease start date). The lease will be cancelled and the two weeks rent, paid as rent in
advance will be applied as a cancellation fee by Student One.

Breaking a lease – (Ending an agreement after the Residential Agreement has commenced and for re-
contract/renewal agreements)

The Residential Agreement entered into with Student One is a legal document in the law. It is a “fixed
term agreement” based on the start and end date of the lease agreement. Unless cancelled according
to policy before its commencement date, the agreement will come into force on the start date and will
stay in force for the full term until expiry on the lease end date. There is a legal expectation that all
parties will be obliged to comply with their commitments under the Residential Agreement. After the
start date, if a resident wishes to leave early (before the lease end date), the resident will be required
to pay out the contract in full to the lease end date.
In the case of re-applications or renewals of contract agreements (for extending the continuous stay or
a return stay at Student One), once the resident has signed Residential Agreement it is legally binding
as a “fixed term agreement”. If the resident request to cancel the signed Residential Agreement, it
would be considered a break lease and the usual break lease terms will apply.
If a resident does not arrive on start date to commence the Residential Agreement, and has not
advised a later arrival date (within 48 hours of the lease commencement date). The Residential
Agreement will be deemed to have commenced. The two weeks rent deposit or rent paid in advance
for securing the contract will be applied as a cancellation fee by Student One. In the case the tenant
continues to pay rent and bond (for a delayed arrival) and requests to cancel the Residential Agreement
this would be considered a break lease and the usual break lease terms will apply.
Student One may consider approving break lease before expiry of the end date. The resident is required
to submit a Student One Break lease application form, providing a good reason supported by
documentary evidence. Break lease approval will not be provided without a good reason acceptable to
Student One. In giving the approval, Student One may offer mutually agreed terms for the resident to
agree for break lease, compensation and re-letting costs.
Cancellation or Amendment of Residential Agreement after contract commencement
Tenants can arrive after the commencement of the contract agreement, by advising Student One in
writing. Bond and rent payments are required as per the contract agreement to continue to hold the
room for a delayed arrival.

In assessing the Break lease application, Student One may consider some factors including proved
‘excessive financial hardship’, ‘unplanned withdrawal or termination from a place of study’,
‘cancellation of a student visa’ or ‘health and welfare related conditions’. Documented evidence will be
required in all instances supporting any claims. All terms must be mutally agreed in writing between
the tenant and Student One.
If Student One offers to the resident to find a replacement student to mitigate break lease costs, the
minimum balance of lease must not be less than 2 months. The approval maybe given subject to
rooms availability, housemates gender requirement, specially approved rent rates and other important
considerations. All terms must be mutually agreed in writing between the tenant and Student One.