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Accommodation agreement

 

ACCOMMODATION AGREEMENT                                                          

WARNING: THIS IS AN IMPORTANT DOCUMENT. YOU SHOULD READ THE DOCUMENT 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 of this Agreement (“The Resident”).

It is agreed that:

 

1.0 Definitions 

Agreement

means this agreement and includes the schedules to this Agreement and the Letter of Offer.

Common Facilities

means those parts of the Residence designated by the University from time to time for common use by all residents occupying the Residence and any other person employed, invited, licensed or authorised by the University, and which are not otherwise leased or licensed to any person.

Commencement Date

means the commencement date specified in the Agreement Details.

End Date

means the end date specified in the Agreement Details; or, an earlier date specified by the University if the University terminates this Agreement in accordance with clause 10; or, any later date that may be agreed in writing by the University.

Family Member

means 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

means a student who, during the Residency Period, is in the action of receiving or conferring an academic degree at the University of Wollongong, UOW College, or such other educational institution approved by the Student Residence Manager.

Guest

means any person at the Residence by invitation of the Resident.

Handbook

means the UOW Residence Handbook available online (as amended from time to time).

Intent to Vacate

Notice

means 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

means a fee of $200.00 (GST incl.).

Letter of Offer

means the letter of offer of accommodation to the Resident by the University which accompanied this Agreement.

Rental 
Pre-Payment Fee

means the amount of $500.00 (GST Free), which must be paid when the Letter of Offer and this Agreement is accepted online.

Residential fee

means 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

means the hall of residence at the University as specified in the Letter of Offer in which the Room is located.

Resident

means the person named in Schedule A of this Agreement

Residency Period

has the meaning given in clause 2.

Room

means the room in the Residence, of the room-type and style of accommodation specified in the Letter of Offer, to which the Resident has been allocated by the University in accordance with clause 2, or any replacement room which the University notifies the Resident they are entitled to use and occupy in accordance with clauses 2 and 9 (as applicable).

Shared Facilities

means 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

means the person appointed by the University to manage the Residence.

Unit

means the Room and the group of Shared Facilities to which the Resident has been assigned by the University.

University

means the University of Wollongong.

University Rules

has the meaning given in clause 7.8.

 

2.0 Licence to use and occupy the Room

The University grants to the Resident a non-exclusive licence to use and occupy the Room and to access the Common Facilities on the terms of this Agreement.

Before the Commencement Date, the University will allocate the Resident the Room in the Residence. Whilst the style of accommodation will be as set out in the Agreement Details, the University retains absolute discretion over the exact location of the Room allocated to the Resident.

The Resident may only occupy the Room from 2pm on the Commencement Date until 10am on the End Date (Residency Period), unless the University agrees in writing to extend the End Date.

 

3.0 Nature of Agreement

3.1 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.

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

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

 

4.0 Family Members, assignment and sub-licensing

4.1 The Resident acknowledges that, as at the Commencement Date, the Resident has registered all Family Members who will live with the Resident in the Room. 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.

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 licence affecting, or mortgage, charge or otherwise deal with, or dispose of any part of the Room or the Residence or procure or allow any of those things to occur.

 

5.0 Payment of fees

5.1 The Resident must pay all amounts and fees payable under this Agreement (including any fee or amount identified in the Letter of Offer) using the payment methods set out 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 actions which include, but are not limited to:

      5.2.1   applying a Late Payment Fee 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 sanctions on the Resident, which may include preventing the Resident’s access to their Room or various facilities of the University, until payment has       been made;

      5.2.4   withholding the Resident’s academic results and transcripts or declining re-enrolment, until payment has been made; 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, UOW College or other educational institution that the Resident is attending at that time.

 

7.0 The Resident’s obligations

The Resident:

7.1 must only use the Room 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;

      7.3.2  loss or damage to personal property caused directly or indirectly by the Resident or any, Family Member or Guest;

      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 that the Resident and their Guests occupy and use the Room, the Common Facilities and other parts of the Residence and its facilities and services at the Resident’s sole risk. The Resident agrees that the University is not responsible for any theft, loss or damage to the property of the Resident or their Guests.

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 not interfere with or permit interference with the reasonable use by others of the Common Facilities;

7.8 must not breach or fail to comply with any policy, rule or regulation as outlined in the following, as updated from time to time:

      (i) Residence Handbook;

      (ii) Campus Access and Order Rules;

      (iii) Student Charter;

      (iv) IT Acceptable Use Policy;

      (v) Bullying Prevention Policy and Sexual Harassment Prevention Policy.

If the Resident fails to comply with this clause 7.8, 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);

7.9 agrees that, during the period the Resident resides in the Residence, if the University becomes concerned about the behaviour of the Resident affecting the health and/or safety of any person at the Residence (including the Resident), the University is entitled to:

      (i) contact and seek assistance from any third party who can reasonably assist in ensuring the health and safety of those persons; and

      (ii) provide the personal and/or health information of the Resident to such third parties.

 

8.0 Changes to allocated Room

8.1 The University reservces the right to relocate the Resident:

      (i) to another Room within the Residence for maintenance purposes, conference trade purposes, or any other purpose deemed desirable or necessary by the Student Residence Manager; or

      (ii) where necessary for University operational reasons, to another Room at an alternate University residence, at the same rate being applied under this Agreement.

Access and entry

8.2 The University will endeavor to give the Resident reasonable notice of any intention to enter the Room for purposes such as carrying out repairs, inspections and showing prospective residents, although it is not obliged to do so. The Resident will co-operate with the University in providing entry to the Room.

Without limiting clause 8.2, the University (and any of its authorised agents, employees or contractors) may enter the Room, without notice, for the following purposes:

      8.2.1   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;

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

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

      8.2.4   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;

      8.2.5   if, in the reasonable opinion of the University:

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

          (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; 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.

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

 

9.0 Notices

The University will take reasonable steps to minimise inconvenience to the Resident in exercising its right of entry under this clause 8.

9.1 Any notice to the Resident by the University must be in writing and be given to the Resident either personally, by leaving the notice at the Room, or by electronic mail.

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

 

10.0 Termination

READ THIS SECTION CAREFULLY YOU ARE REQUIRED TO GIVE NOTICE

10.1 Graduating Students

      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; or

          (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(i), clause 10.1.1(ii) or clause 10.3.4 (as applicable).

      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.

 

10A.1 Cessation of enrolment

       10A.1.1 If the Resident ceases to be an enrolled student at the University of Wollongong, UOW College or other educational institution approved by the Student Residence Manager, the Resident:

          (i) 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); and

          (ii) 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 enrolment status change, once submitted and authorised by the Student Residence Manager.

      10A.1.2 The standard weekly residential fee will continue to apply for the period described in clause 10A.1.1(ii) or clause 10.3.4 (as applicable).

      10A.1.3 The University reserves the right to relocate a Resident referred to in clause 10A.1.1 to an alternate room at the same rate being applied under this Agreement for any period of residence as referred to in clause 10A.1.1(ii).

 

10.2 Vacating the Residence before the End Date

      10.2.1 The Resident may terminate this Agreement prior to the End Date for any reason (except where clause 10.1 or clause 10A.1 applies), by providing the University with the period of written 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.

 

Obligations at end of occupancy

      10.3.6 On or before the End Date, the Resident must, at its cost:

          (i) return the Room in the same condition and repair as the Room was in (subject to fair wear and tear) at the Commencement Date;

          (ii) remove all personal property of the Resident, any guest and Family Member, and make good any damage the Resident or the Resident’s guests of family members caused to the Room and the Common Facilities (to the reasonable satisfaction of the University); and

          (iii) ensure the Room and the immediately surrounding Common Facilities are clean and free from rubbish (including cigarette butts);

          (iv) vacate the Room; and

          (v) return all keys and access cards to the Room and the Residence to the Student Residence Manager.

      10.3.7 On expiry or termination of this Agreement, the University:

          (i) is entitled to remove any personal property of the Resident and any Family Members and Guests from the Room;

          (ii) will store those items for 14 days at the expense of the Resident;

          (iii) provide written notice to the Resident that any personal property which remains unclaimed will be stored and disposed of in accordance with this clause 10.3.7 at the cost of the Resident;

          (iv) if any such personal property remains unclaimed by the Resident after 14 days of expiry or termination of this Agreement, the University may deal with or dispose of those items in a lawful manner in the absolute discretion of the University as if the items were the property of the University and without any further notice to the Resident and recover from the Resident its costs in doing so.  Any costs payable by the Resident under this clause 10.3.7 is an amount payable under clause 5.1.

This clause 10.3.7 operates in place of any legislation that might otherwise apply to personal property of the Resident, Guests and Family Members.

      10.3.8 This clause 10 survives termination of the Agreement.

 

11.0 Non-waiver and entire Agreement

 

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 The demand for or acceptance by the University of any payment of fees or other amounts under this Agreement 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, whether oral or written.

 

12.0 Agreement renewal

 

The University has no obligation to renew this Agreement or to allow the Resident to continue to occupy the Room beyond the End Date.

 

13.0  UOW Residence 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. The Resident is aware that the current Residence Handbook will be available on the Accommodation Services website at https://www.uow.edu.au/study/accommodation/residents-handbook/

It is the responsibility of the Resident to read and understand the Residence Handbook.

 

Schedule A

Resident’s Family Name                                     «NameLast»

Resident’s Given Name(s)                                  «NameFirst»

 

Schedule B

Commencement Date to End Date                      «CustomDate2» - «CustomDate3»

 

Schedule C

Period of Notice                                               As outlined by the Schedule of Fees found here or:

22 week contract – Twenty two (22) weeks

45 week contract – Forty five (45) weeks

52 week contract – Fifty two (52) weeks

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