The Orchard by ULIV Student Living

1. Booking Terms

  1.1. The Landlord agrees to conduct reference checks or verification (if required) of theTenant’s information without delay after payment of the Deposit.

  1.2. The Tenant agrees (subject to approval of this Booking by the Landlord) that when the Tenant signs and returns the Tenancy  Agreement to the Landlord this shall constitute authority for the Landlord to counter-sign and complete the Tenancy Agreement without
delay once the Landlord has notified the Tenant that the Booking has been accepted. This  Tenancy Agreement will then be a binding legal contract and a copy will be available from Hello Sign upon completion of the signature process.

  1.3. The Tenant agrees to provide an eligible and acceptable Guarantor who shall complete a Guarantor Agreement if the Tenant is a UK citizen and chooses not to pay the Total Rent prior to the Start Date or if the Tenant is under the age of 18 at the date of signing the Tenancy Agreement the Tenant agrees to provide an eligible and acceptable Guarantor who shall complete a Guarantor Agreement whether the Tenant is a UK citizen or a non-UK citizen. If the Tenant is a non-UK citizen, the Tenant agrees that in lieu of a Guarantor, they must pay all of the Total Rent in advance.

2. Cancellation Policy

  2.1. Either party may terminate this Booking (and the Tenancy Agreement, if completed) by sending an email to the other party at any time during the 7 days after the date of this Booking (the “7 Day Cooling-Off Period”) unless the Move-In Date has occurred before then. If the Booking is cancelled during this period the Landlord will not charge the Tenant any sums due under the Tenancy Agreement and the Deposit or advance of the Total Rent paid to the Landlord will be returned to the Tenant.

  2.1.1. If the Booking is cancelled after the 7 Day Cooling-Off Period and advance of the Total Rent is not paid, then the Tenant will not be entitled to the Deposit refund.

  2.2. If the Tenant is a prospective first year undergraduate student or a postgraduate student and the Tenant’s offer of a place at the University is withdrawn for one of the following reasons:

  2.2.1. by the University as a result of the Tenant not having achieved the required entry grades; or

  2.2.2. if the Tenant chooses to go to a different University as a result of having exceeded the Tenant’s expected grades; or
 
2.2.3. the Tenant’s place at the University is withdrawn as a result of the Tenant’s student visa being denied; the Tenant may be eligible to be released from this Booking (and the Tenancy Agreement, if completed) provided the Tenant supplies the Landlord with the following evidence: in respect of clause
  2.2.1, a copy of the written rejection letter from the University or a
screen shot of the Tenant’s UCAS which confirms that the required results were not
achieved for the University; or in respect of clause
  2.2.2, a copy of the proof of acceptance of your new University by UCAS adjustment; or in respect of clause 2.2.3, a copy of written rejection letter from the University which confirms that the Tenant does not have the relevant Visa and a copy of the relevant Visa
rejection correspondence.

  2.2.4. The Tenant must send the documents to the Landlord via email within 7 days from the date the Tenant’s results are published or within 7 days from the date the relevant Visa rejection correspondence is received. The Landlord will verify the documents and the Tenant will be obliged to supply any additional information requested by the Landlord. Provided that the Landlord is satisfied with the documents provided, this Booking (and the Tenancy Agreement, if completed) will be cancelled and the Deposit or advance of
the Total Rent paid to the Landlord will be refunded to the Tenant.

  2.3. To the extent provided by law, the Landlord shall not be liable to pay damages to the Tenant if the Landlord cannot give possession of the Unit to the Tenant on the Move-In Date for reasons beyond the Landlord’s reasonable control and in such case the Tenant shall not be liable to pay any part of the Total Rent or perform any of the other Tenant’s obligations prior to the date on which possession of the Unit can be given. The Tenant may terminate this Booking (and the Tenancy Agreement, if completed) if the Landlord is unable to give possession of the Unit to the Tenant within 90 days of the Move-In Date and the Deposit or advance of the Total Rent paid to the Landlord will be refunded to the Tenant.

  2.4. Following cancellation of this Booking (and the Tenancy Agreement, if completed) in accordance with this clause the Landlord will be entitled to re-market the Unit immediately to other prospective tenants.

3. COVID-19 Cancellation Policy

  3.1. In addition to any cancellation rights listed in clause 2 of this Booking, the Tenant may cancel this Booking or modify terms of the Booking (and the Tenancy, if completed):

  3.1.1. if the Tenant lives in a country that has government-imposed travel restrictions in place by either the home country or the United Kingdom and/or local government that prevent the Tenant from traveling or arriving to the Property to taking possession of the
Unit. If the restrictions are for an indeterminate amount of time, the Tenant may cancel the Booking (and the Tenancy, if completed). If the restrictions have a published ending date, the Tenant may post-pone the Move-In Date up to the published ending date. In respect of clause
  3.1.1, the Tenant must provide written notice to the Landlord of their desire to cancel or modify the Move-In Date no later than 7 days prior to the Move-In Date and must show evidence of the government-imposed restrictions.

  3.1.2. if the Tenant’s University and programme of study delays full-time or part-time face- to-face teaching programmes, the Tenant may postpone the Move-In Date until face-to- face teaching commences, either full-time or part-time. This clause applies only if no face- to-face teaching occurs  In respect of clause

  3.1.2, the Tenant must provide written notice to the Landlord of their desire to modify the Move-In Date no later than 7 days prior to the Move-In Date and must show evidence of lack of face-to-face teaching for their specific courses of study for the term in question.

  3.1.3. if the Tenant’s University cancels the study programme and course, the Tenant may cancel the Booking (and the Tenancy, if completed). In respect of clause 3.1.3, the Tenant must provide written notice to the Landlord of their desire to cancel the Booking (and the Tenancy, if completed) no later than 7 days prior to the Move-In Date and must show evidence of the cancellation of the study programme and course on official correspondence to the Tenant from the University.

  3.2. All aspects of this COVID-19 Cancellation Policy apply only until the Tenancy is granted at Move-In. After this occurs, the Tenancy governs any rights to termination from both parties.

  3.3. If the Booking is cancelled during this period for any reason listed in clause 3, the Landlord will not charge the Tenant any sums due under the Tenancy Agreement and the Deposit or advance of the Total Rent paid to the Landlord will be returned to the Tenant. If the Tenancy’s Move-In Date is postponed or otherwise adjusted, any portion of the Total Rent will not be charged for the pro-rata share of days it is postponed, and any amounts paid by the Tenant will be credited to the Tenant’s account.