iQ The Brickworks Verified

Cancellation by the property manager prior to you collecting your key

The property manager reserves the right to cancel your booking on notice if:

1. You notify the property manager after the Deadline that you have decided not to enter into the Tenancy Agreement / Occupation Contract;
2. The property manager can take all reasonable steps to enter into the Tenancy Agreement / Occupation Contract before the Deadline, and you fail to do so, for example, if you fail to complete your application or provide guarantor details (if applicable) and supporting documentation in good time.
3. You provide the property manager with relevant false or misleading information;
4. The property manager is prohibited from entering into the Tenancy Agreement / Occupation Contract with you because of the Immigration Act 2014 (persons disqualified by immigration status). In the case we cancel your booking for this reason, you will not be liable for the contractual obligations laid out in the Tenancy Agreement from the date of cancellation, irrespective of whether you have signed it.
5. The property manager has determined, following undertaking Screening Searches, that you or your guarantor (if applicable) appear on Sanctions Lists and/or Law Enforcement Databases;
6. You or your guarantor (if applicable) fail to cooperate with any Screening Search Additional Information Request(s);
7. You have not paid any amounts that have fallen due (including but not limited to your first rental instalment, any previous year’s rent or damage charges); and/or
8. You have committed any breach of the Tenancy Agreement / Occupation Contract or any previous tenancy agreement with us.

If you enter into the Tenancy Agreement / Occupation Contract, and you then fail to collect your key within 2 weeks of your Tenancy Start Date, the property manager reserves the right to: (a) cancel your booking and terminate the Tenancy Agreement, and (b) re-let your room. In these circumstances, any rent paid by you (including any Booking Fee/Advance Rental Payment allocated to the first payment of rent) will not be refunded to cover any losses the property suffers arising from empty, unlet rooms.  This provision takes precedence over any provision in the Tenancy Agreement/Occupation Contract.

If your booking is cancelled in such circumstances, any Booking Fee you have paid will be retained by the property manager.

Cancellation by you – prior to collecting your key or prior to your Tenancy Start Date

If you have not entered into the Tenancy Agreement / Occupation Contract, the Deadline has passed, and you wish to cancel your booking, any Booking Fee you have paid (if any) will be retained by the property manager.

If you have entered into the Tenancy Agreement and you wish to cancel your booking, you will remain liable for the contractual obligations set out in the Tenancy Agreement and you may not cancel the booking unless you can provide proof that you fit any of the following criteria and have not yet collected your key, or your Tenancy Start Date has not yet started, and provide the evidence required within the timescales as detailed below:

1. You notify the property manager of your intention to cancel your booking prior to 1 August or, if your Tenancy Start Date is in any month other than September, at least 28 days before your Tenancy Start Date;
2. Your UK Visa application has been denied.
3. You have not obtained the required qualifications to get into your first University of choice; or
4. You are deferring your university entry.

Where proof is provided in accordance with these terms and conditions and to our reasonable satisfaction, you will be entitled to cancel the booking, and you will not be liable for the contractual obligations laid out in the Tenancy Agreement from the date of cancellation.

All cancellation notifications must be made via emailing the property manager. 

Where the reason for cancellation is not one of the four matters listed above (e.g. you have changed your mind, booked a different accommodation, voluntarily withdrawing your university entry, etc.), you will remain liable for the full contractual rent, unless and until a replacement tenant is found for your accommodation. You are responsible for finding an eligible replacement tenant, although the property manager will assist where possible.

If you wish to cancel the booking and a replacement tenant is found, subject to our agreement, you will be released from the contractual obligations set out in the Tenancy Agreement. Once the new replacement tenant has signed their tenancy agreement and paid any rent due, any overpayment will be refunded to you. Please note that all tenancies commence on a Saturday; therefore, the relevant site team will confirm your official release date from your contractual obligations under the Tenancy Agreement.

Evidence required where there is a cancellation by you

Notify us of your intention to cancel prior to 1 August or at least 28 days before your Tenancy Start Date if your Tenancy Start Date is in any month other than September. 

No further evidence is required beyond notifying us. Your Booking Fee (if you have paid one) will be retained as a cancellation fee.

No Place, No Pay 

If you you fail to gain the required qualifications and are not accepted into the University you stated as your first choice, or you choose to go to a different University because you have exceeded your expected grades, you may cancel your Tenancy Agreement and the property manager will refund any Booking Fee (if you have paid a Booking Fee) and any rent payments made so long as you provide the following information within the timescales mentioned below:

1. Written confirmation from you that you wish to cancel your reservation due to having failed to obtain the required grades for your first choice University, or you have exceeded your grades; and
2. supporting written evidence from the University or UCAS rejecting your entry/acceptance into your new university.

This information must be provided to the property manager within 72 hours of your exam results being published to be eligible for a Booking Fee refund (if you have paid a Booking Fee). In these circumstances, any Booking Fee / Advance Rental Payment (if you have paid a Booking Fee) and rent paid will be returned to you. If you fail to provide the information within 72 hours of your exam results being published, any Booking Fee (if you have paid a Booking Fee) will be retained as a cancellation fee.

Please note, if you are attending another University in a city where we have a property, our team will be happy to help you find suitable accommodation. In this case, any Booking Fee and any rent payments made may be transferred over to your new booking.

No Visa, No Pay

If you fail to obtain a UK Visa before the start date of your tenancy, the property manager will cancel your Tenancy Agreement and refund any rent payments made, so long as you provide the following information:

1. Written confirmation from you that you wish to cancel your reservation; and
2. supporting official evidence to show that the Visa was declined.

This supporting evidence should be sent to the property manager within 72 hours of you receiving official confirmation. In these circumstances, any Booking Fee (if you have paid a Booking Fee) and any rent paid will be returned to you. 

Deferment of University entry

If you choose to delay your university entry to the next academic year before your Tenancy / Occupation Contract Start Date, we will cancel your Tenancy Agreement / Occupation Contract and refund any rent payments made, as long as you provide the following information at least one week prior to your Tenancy Start Date:

1. Written confirmation from you that you wish to cancel your reservation due to deferring your university entry to the next academic year; and
2. supporting written evidence from the University or UCAS to confirm deferral

In these circumstances, any Booking Fee / Advance Rental Payment (if you have paid a Booking Fee) will be retained as a cancellation fee.

Cancellation by you after the date of key collection or commencement of the Tenancy Start Date – Tenancy Takeover

1. Once you have collected your key or the Tenancy Start Date has passed, the only way to release yourself from the Tenancy Agreement is to find a replacement tenant who will take on the full contractual obligations under the Tenancy Agreement. If you wish to end your tenancy early and have found a replacement tenant, the property manager will, acting reasonably, consider terminating your tenancy and entering into a replacement tenancy with a new occupier (a “Tenancy Takeover”). The property manager will only consider Tenancy Takeovers in the period starting one month after your Tenancy Start Date and two months before your Tenancy End Date (“Permitted Period”).
2. If the property manager approves a Tenancy Takeover during the Permitted Period, you will pay any rent arrears before we release you from your Tenancy Agreement. Such release shall be effective from the start date of the replacement tenant's new tenancy agreement.
3. One the new replacement tenant has signed their tenancy agreement, paid any rent due and moved in, any overpaid rent money will be refunded to you within 28 days of the start date of the replacement tenant’s new tenancy agreement.

If you fail to leave the Room in accordance with the terms of your Tenancy Agreement, you may be liable for any damages we suffer, which may be deducted from any refund due. Please note that all tenancies commence on a Saturday.