Accommodation agreement

Please note: This is an important document, and you should read it in full and ensure that you understand its contents

This agreement is made between the University of Wollongong and the person named in Schedule A ("The Resident"). 

1.0 Definitions:  

Agreement this agreement and includes the schedules to this Agreement and the Letter of Offer
Common facilities those parts of the Residence designated by the University for common use by all residents occupying the Residence
Date of arrival the date that the Resident signs for and takes possession of keys/access card to the Residence
End date the date specified in Schedule B of this Agreement
Family member any family member, spouse or de facto of the Resident who is registered with the University as living with the Resident in the Room/Unit assigned to the Resident
Graduating student a student who is in the action of receiving or conferring an academic degree at the University of Wollongong or such other educational institution approved by the Student Residence Manager
Guest any person at the Residence by invitation of the Resident
Handbook the UOW Residence Handbook available online (as amended from time to time)
Intent to vacate notice a written notice from the Resident to the University which complies with clause 9.2 and clause 10 (as applicable) confirming that the Resident wishes to vacate the Residence before the End Date
Late payment fee a fee of $200.00 (GST Incl.)
Letter of offer the letter of offer of accommodation to the Resident by the University which accompanied this Agreement
Acceptance, 'rental', Residential Pre-payment fee a payment of $500.00 (GST Free), which must be paid when the Letter of Offer and this Agreement is accepted online
Rent/rental/residential fee the amount payable on a room/unit per week as outlined in the Schedule of fees for the license to use and occupy the room/ unit and associated shared/ common facilities as specified in the Letter of Offer
Residence the hall of Residence at the University of Wollongong to which the Resident has been assigned as specified in the Letter of Offer
Resident the person named in Schedule A of this Agreement
Room the studio room, bedsit or bedroom in the Residence to which the Resident has been assigned by the University
Shared facilities the living/dining area, kitchen, bathroom, lavatory, shower room, store room, balcony, patio and passageways in the Unit, together with the University’s property contained in those areas
Student Residence Manager (SRM) the senior officer appointed by the University to manage the Residence
Unit the Room and the group of shared facilities to which the resident has been assigned by the University
University the University of Wollongong
University rules has the meaning given in clause 7.9

 

2.0 Extent of agreement 

The University grants to the Resident a licence to use:

2.1 The Room/Unit to which the Resident is assigned

2.2 The Shared Facilities in common with the Residents of other Rooms in the Unit

2.3 The Common Facilities, together with other residents of the Residence

3.0 Term and nature of agreement 

3.1 This Agreement commences on the Commencement Date (listed in Schedule B) and ends on the End Date (listed in Schedule B) unless validity terminated earlier in the manner specified in this Agreement.

3.2 This Agreement is personal to the Resident and does not create or confer on the Resident any rights as tenant of any part of the Residence (including the Room) or create the relationship of landlord and tenant between the parties.

3.3 The Resident agrees that the terms of this Agreement cannot be varied or amended without the prior written consent of the University.

3.4 The Resident acknowledges having had the opportunity to seek independent legal advice and has entered into this Agreement freely and voluntarily.

4.0 Assignment and sub-letting   

4.1 The Resident acknowledges that, as at the Date of Arrival, the Resident has registered all Family Members with the University who will live with the Resident in the Room/Unit. The Resident must obtain the consent in writing of the University to any change to the Family Members who will live with the Resident in the Room/Unit.

4.2 The Resident must not, at any time, assign or transfer this Agreement or demise, sub-license, part with, share the possession of, or grant any license affecting, or mortgage, charge or otherwise deal with, or dispose of any part of the Room/Unit or the Residence or procure or allow any of those things to occur.
 

5.0 Payment of fees

 

5.1 The Resident must pay any amounts and fees payable under this Agreement (including any fee or amount identified in the Letter of Offer) by the due dates. Without limiting this obligation, the Resident must notify the Student Residence Manager promptly of any inability to pay any amount by the due date.

 

5.2 If the fees and amounts referred to in clause 5.1 are not paid by the due date, the University may take action to recover the outstanding debt, including, but not limited to:

5.2.1 applying a Late Payment Fee of to the Resident’s account;

5.2.2 requiring all future payments of fees by the Resident to be made in advance of the period to which they apply;

5.2.3 imposing sanction on the Resident, which may include preventing the Resident’s access to their Room/Unit or various facilities of the University;

5.2.4 withholding the Resident’s academic results and transcripts or declining re-enrolment; and/or

5.2.5 referring any outstanding fees to a debt collection agency.

This clause 5.2 survives the termination or expiry of the Agreement.

 

Non-payment of fees may result in the withholding of academic results

6.0 Access to academic results  

The Resident authorises the Student Residence Manager to obtain the Resident’s official academic results or confirm the Resident’s enrolment status from the University of Wollongong, Wollongong University College or other educational institution that the Resident is attending at that time.

7.0 Resident's obligations 

The Resident:  

 

The Resident:

 

7.1 must only use the Room/Unit for residential purposes;

7.2 must ensure that Family Members and Guests comply at all times with this clause 7 (as if they were the Resident) and the Resident will be wholly responsible for any act or omission of a Family Member or Guest in breach of this clause 7;

7.3 must reimburse the University for all loss, damage, cost or claims in respect of:

7.3.1 loss or damage to University property (except fair wear and tear) caused directly or indirectly by the Resident or any, Family Member or, Guest either by neglect or, willful act or omission;

7.3.2 loss or damage to personal property caused directly or indirectly by the Resident or any, Family Member or, Guest either by neglect or, willful act or omission;

7.3.3 any injury to a person caused by an act or omission of the Resident or any, Family Member or, Guest;

7.3.4 the use by the Resident or any Family Member or Guest of the Room/Unit;

7.3.5 any wrongful act, wrongful omission, negligence or default of the resident or any Family Member or Guest.

7.4 agrees to occupy and use the Room/Unit at the Resident’s sole risk and releases the University from any liability or loss resulting from any act or omission of any other resident or occupant of the Residence. The Resident agrees that each Family Member and Guest also occupies and uses the Room/ Unit at the risk of the Resident;

7.5 must not, through any act or omission, place the lives of themselves or other persons at the Residence at risk or commit an act of violence on themselves or any other person;

7.6 must not, by any act or omission, create any disturbance, nuisance or annoyance to any other person at the Residence;

7.7 must, on reasonable notice from the University, allow the University (and, any of its agents or employees or contractors) access to the Room/Unit for the purpose of cleaning, issuing notices or memos, Room/ Unit inspections or, maintenance and the Resident must otherwise not impede the University’s access to, possession of or control of the Room/Unit;

7.8 must not interfere with or permit interference with the reasonable use by other residents of the Shared Facilities or the Common Facilities;

 

7.9  must not breach or fail to comply with any policy, rule or regulation as outlined in the following:

If the Resident fails to comply with this clause 7.9, the Resident must submit themselves to the associated procedures for managing breaches of any University Rule, including any disciplinary sanctions that may be applied (termination of this Agreement and/or exclusion of the Resident and Family Members or Guests from the Residence).

8.0 The University's obligations 

 

8.1 The Resident acknowledges that the University takes no responsibility whatsoever for damage or loss of any item of personal property brought to the Residence by the Resident, Family Members or Guests.

 

8.2 The Resident agrees that if the Room/Unit is for any reason either destroyed or so damaged as to be unfit for inhabitation, the University may terminate this Agreement.

8.3 The University reserves the right to relocate the Resident to another Room/Unit within the Residence for maintenance purposes, conference trade purposes, or any other purpose deemed reasonable or necessary by the Student Residence Manager. A minimum of 7 days’ notice will be given to the Resident prior to such relocation.

8.4 The Resident agrees that the University (and any of, its agents, employees or contractors) may enter the Room or Unit, without notice, for the following purposes:

8.4.1 in emergency or extraordinary situations to protect the health or welfare of any person, or to clean, make repairs or comply with law or any contractual obligation of the University;

8.4.2 to ensure that health, safety and fire regulations are maintained;

8.4.3 to check whether the Resident, Family Members and Guests are complying with this Agreement;

8.4.4 if, in the reasonable opinion of the University, the Resident, Family Members or Guests are engaged in any illegal, or harmful activity, causing a disturbance or nuisance, or exhibiting behaviour such that there is a likelihood that the safety or wellbeing of any other person at the Residence is at risk;

8.4.5 if, in the reasonable opinion of the University:

(i) the Resident is believed to have abandoned the Room/Unit;

(ii) the Resident has been reported missing for more than 48 hours;

(iii) a person other than the Resident or Family Member is residing in the Room/Unit; or

(iv) immediate access is otherwise required to the Room/Unit in the circumstances, including but not limited to carrying out a welfare check on the Resident.
The University will take reasonable steps to minimise inconvenience to the Resident in exercising its right of entry under this clause.

8.5 The Resident agrees that the University may allow access to the Resident’s Room/Unit by a member of any law enforcement agency who is seeking to establish the presence of the Resident.

 

9.0 Notices

 

9.1 Any notice to the Resident by the University may be given to the Resident either personally, by leaving the notice at the Room/Unit, or by electronic mail.

 

9.2 Any notice to the University by the Resident may be given to the University by leaving the notice at the Residence’s Administration Office during normal business hours.

 

10.0 Default and termination 

 

10.1 Graduating Students and cessation of Enrolment

 

10.1.1 A Resident who is a Graduating student

(i) may terminate this Agreement earlier than the End Date by completing and giving to the University a Request for Amendment or Release from Accommodation Agreement and, in such case, this Agreement will terminate two (2) weeks from date of when the appropriate paperwork (including the Request for Amendment or Release from Accommodation Agreement and evidence of graduation) is authorised by the Student Residence Manager.
(ii) who wishes to remain in the Residence beyond the last day of session may do so until the Sunday of the last day of the week in which the Resident graduates, provided the Intent to Vacate Notice and evidence of graduation has been completed and given by the Resident to the University and it specifies the day on which the Resident wishes to vacate.

10.1.2 The standard weekly residential fee will continue to apply for the period described in clause 10.1.1(ii).

10.1.3 If a Request for Amendment or Release from Accommodation Agreement has not been given by the Graduating Student, then the notice period referred to in Schedule C and the End Date will apply.

10.1.4 The University reserves the right to relocate a Graduating Student to an alternate room at the same rate being applied under this Agreement for any period of residence as referred to in clause 10.1.1(ii).

(i) 10.1.5 If the Resident ceases to be an enrolled student by reason of withdrawing from attending the University of Wollongong, Wollongong University College or other educational institution approved by the Student Residence Manager, the Resident may terminate this Agreement by giving the University 14 days’ notice of the Resident’s intended date of departure (which must be prior to the End Date). The Resident must vacate the Residence on or before the date specified and approved by the Student Residence Manager in conjunction with the Resident’s notice. The Request for Amendment or Release from Accommodation Agreement must be completed and appropriate paperwork supplied endorsing the enrollemnt status change. Once submitted and authorised by the Student Residence Manager.

10.2 Vacating the Residence during the term of the Agreement

10.2.1 If the Resident wishes to depart the Residence before the end of the term of the Agreement for any reason (except where clause 10.1 applies), the Resident must provide the University with the period of notice specified in Schedule C, and the Resident will remain liable for any fees and other amounts payable under the Agreement until the earlier to occur of:

(i) the expiry of this period of notice specified in Schedule C; OR
(ii) the End Date;
10.2.2 The Resident acknowledges that the University may, in its discretion and in accordance with the University rules, agree to alternative arrangements in respect of the early departure of the Resident under clause 10.2.1.

10.3 Events of default and termination

10.3.1 The University may give notice of default to the Resident in the following circumstances:

(i) a minimum of 24 hours’ notice if, in the reasonable opinion of the University, the Resident or any Family Member is engaged in any illegal or harmful activity, causing a disturbance or nuisance, or their behaviour is such that there is a likelihood that the safety of any other person at the Residence is at risk;
(ii) not less than 7 days’ notice in writing specifying the breach if:

a) in the reasonable opinion of the University, a Resident or any Family Member is causing a disturbance or nuisance;

b) fees or other amounts owing by the Resident under this Agreement remain unpaid for 7 days or more after becoming due and payable, whether formally demanded or not;

c) there is a breach by the Resident or a Family Member or Guest of any condition or requirement of this Agreement;

d) in the reasonable opinion of the University, the Resident has permanently vacated the Unit/Room without providing the notice required by this Agreement; or

e) The Resident ceases to be a student enrolled at the University of Wollongong, or other educational institution approved by the Student Residence Manager (as applicable) for reasons other than being a Graduating Student or withdrawing from enrolment at the University of Wollongong, Wollongong University College or other educational institution approved by the Student Residence Manager.

10.3.2 The University may terminate this Agreement without the requirement to provide further notice to the Resident if the University has given the Resident a notice under clause 10.3.1 as follows:

(i) under clause 10.3.1 (i), immediately on expiry of the notice; or
(ii) under clause 10.3.1 (ii), if the Resident fails to remedy the relevant breach, at any time after the expiry of the 7 day notice period.
10.3.3 The University may immediately terminate this Agreement by notice in writing to the Resident if clause 8.2 applies.

10.3.4 If the University terminates this Agreement under clause 10.3.2 or 10.3.3, the Resident will at the discretion of the University, remain liable for the payment of fees and other amounts under this Agreement (as if this Agreement had not been terminated) for:

(i) the period specified in Schedule C; or
(ii) such other period as determined by the University provided that the period must not exceed the End Date.
10.3.5 On termination of this Agreement, the University is entitled to remove any personal property of the Resident and any Family Members and Guests from the Room/Unit and store those items at the expense of the Resident, and may deal with those items in the absolute discretion of the University and recover from the Resident its reasonable costs in doing so.

10.3.6 This clause 10 survives termination of the Agreement.

 

11.0 Non-waiver 

11.1 The non-enforcement by the University of any term or condition of this Agreement will not constitute a waiver of any subsequent breach of this Agreement or any other term or condition of this Agreement.

11.2 Acceptance by the University of any payment of fees must not be deemed a waiver of any breach of this Agreement, other than the Resident’s failure to make a timely payment of the fees so accepted.

11.3 This Agreement (including the Letter of Offer) constitutes the entire Agreement between the Resident and the University and supersedes all previous agreements and correspondence.

 

12.0 Agreement renewal 

The University is not required to renew the Agreement or to allow the Resident to continue to occupy the Room/Unit beyond the End Date.

13.0 UOW Handbook 

The Resident acknowledges receipt of, and is familiar with, the contents of the Residence Handbook. The Resident is aware of the Resident’s obligations described in the Handbook and accepts that a failure to comply such obligations is a breach of this Agreement.  It is the responsibility of the Resident to read and understand the Residence Handbook.

SCHEDULE A

Resident's Family Name - as per your individual contract

Resident's Given Name/s - as per your individual contract 

SCHEDULE B

Commencement Date to End Date - as per your individual contract 

SCHEDULE C 

Period of Notice - As defined by the contract offered. 

Last reviewed: 17 May, 2019