Smithfield Foundry

This Cancellation Policy is compliant with the ANUK/Unipol National Code (the “Code”). The Code can change from time to time and, if anything in our Cancellation Policy conflicts with the Code, the Code will take precedence.

Where cancellation criteria are not met

If you wish to cancel your Tenancy Agreement but do not meet the Cancellation Criteria set out below, you will remain liable for the rent in full for the entire term of the Tenancy Agreement unless we, at our sole discretion, elect to release you and subject to the conditions set out below.

If you wish to cancel your Tenancy Agreement after commencement of the term of your Tenancy Agreement, and we agree to release you, you will remain liable to pay rent for four (4) weeks from the date we notify you in writing of your release, unless a suitable replacement tenant is found by you and approved by us (as set out below).

Replacement tenant

If you wish to cancel your Tenancy Agreement but do not meet the Cancellation Criteria, you may find a suitable replacement tenant, and request our approval of the same (which shall be at our sole discretion).

To request a replacement tenant, please complete the Cancellation Request Form available on our website.  

Please note that we will not agree to release you from your Tenancy Agreement, or to accept a replacement tenant, unless all outstanding accounts with us are settled in full.

Replacement tenant conditions

For a replacement tenant to be suitable they must meet the following non-exhaustive requirements:

•    be a student and meet the accommodation preferences attached to your room (for example, a female-only flat);
•    not have any rent arrears under any other tenancy agreements with the landlord or its affiliates;
•    not be an existing resident or have an existing 2026/27 room booking with the landlord or its affiliates;
•    sign a tenancy agreement for the entirety of the remaining term of your Tenancy Agreement and secure it with payment of any required deposit.

If a suitable replacement tenant is found and approved by us (at our sole discretion), we will release you from your Tenancy Agreement and your liability to pay rent, from the start date of the replacement tenant’s tenancy period, provided that the replacement tenant has signed their Tenancy Agreement and paid any required deposit on or before that date.

We will return your damage deposit (if any), minus any deductions relating to unpaid rent or the condition of your room/flat upon departure.

After the Tenancy Start Date as set out in the Tenancy Agreement, requests for room moves or for us to accept a replacement tenant to take over your tenancy will be managed based on availability and at our sole discretion. The terms of changing apartments, depending on the case, may require the signing of an amendment or a new lease agreement according to the type and rate of the new accommodation. A non- refundable Administration Fee of £50 will be payable in each instance and you will be responsible for cleaning the room in accordance with the terms of the Tenancy Agreement.

Requests for replacement tenants received after 1 June within the Tenancy Period will not be accepted.

Cancellation Criteria (exceptions allowing cancellation)

You may be eligible to cancel your Tenancy Agreement if you meet one or more of the following Cancellation Criteria:

1.    Visa Refusal – your application for a visa has been declined (this does not include situations where your visa has been granted and subsequently withdrawn);
2.    Academic Results – you have failed to obtain the required grades to study at university at the start of the 2026/27 academic year and as such, you do not have student status; 
3.    Exceptional Circumstances – you meet the cancellation criteria and requirements set out in the Code in respect of tenancy agreements (which may include serious medical grounds or bereavement).

In all cases, sufficient evidence to support your request must be provided.

What constitutes sufficient evidence will be determined by us (acting reasonably), and may include official written documentation from UCAS, visa authorities, or an embassy, supporting your stated reason for cancellation.

To submit a cancellation request, where you meet the Cancellation Criteria, please complete the Cancellation Request Form available on our website and include all relevant supporting evidence.

Failure to provide sufficient evidence may delay our decision. We will respond either:

•    confirming our decision; or
•    requesting further information if required.

If you submit a cancellation request which satisfies the Cancellation Criteria before the tenancy start date (and you have not checked in to the property), you will be released from your obligations under the Tenancy Agreement from the tenancy start date, provided that sufficient evidence has been shared with us within 4 weeks of the date upon which you submit your cancellation request.

If you submit a cancellation request which satisfies the Cancellation Criteria after the tenancy start date you will be released from your Tenancy Agreement from the date that is four (4) weeks after sufficient evidence has been shared with us and you will remain liable for rent from the tenancy start date until then.

If a damage deposit has been paid, it will be returned following your release. However, if you have already moved into the accommodation, your deposit will be subject to deductions for:

•    any unpaid rent during the period of occupancy up to the approved cancellation date; and
•    any costs relating to the condition of your room/flat upon departure.

The early end of the academic year, or early completion of any examination period, does not qualify as valid criteria for release from your Tenancy Agreement.

The cancellation criteria change once a resident is past their Tenancy Start Date. This is a separate, narrower set of grounds to the pre-move-in Cancellation Criteria (visa declined / failed grades) covered in the Cancellation Policy guide.
Please don't apply the pre-Tenancy Start Date criteria here.

Once the Tenancy Start Date has passed, a resident can only cancel under Clause 8.1 if one of the following applies:

• They have withdrawn from their institution of study (this includes choosing to defer for a year - if they defer, they are not a registered student, so this falls under withdrawal);
• They have been excluded from their institution of study;
• They have been refused admission to their institution of study; or
• They have been absent from their course for more than 60 days due to illness, and have agreed a suspension of studies with their institution.

Process to follow in all cases:

1. Four weeks' written notice is required with the relevant supporting evidence, even if the resident has not yet moved in.
2. Send the request to the ROM along with all supporting evidence.
3. There is no need to request a replacement tenant or tenancy takeover for this route - that only applies to pre-Tenancy Start Date releases.
4. Rent is charged up to the end of the four-week notice period, calculated from the date the resident gives notice - not from the Tenancy Start Date, and not from the date they physically move out. This applies whether or not they have moved in.
5. Apply the relevant charges, release the lease and process the refund following the standard process.

Example:

Tenancy Start Date 5th September. Resident contacts us on 11th September citing one of the criteria above and give 4 weeks’ notice.

Resident has moved in

• Confirm check out date as this may not necessarily be the end of 4 weeks’ notice, however, it cannot be after.
• Place them on notice
• We charge rent up to 9th October - move them out
• Process refund of any remaining rent due

Resident has NOT moved in

• Confirm they meet the criteria and share request with ROM for approval
• Charge rent until 9th October from 5th September. The fact that they haven't moved in does not shorten or remove this charge.
• Cancel lease and release the unit back to the market

In both cases, the key date to work from is the date notice is given, not the Tenancy Start Date or move-in status.