This is your written statement of the occupation contract you have made under the Renting Homes (Wales) Act 2016 ("the Act"). The contract is between you, as the "contract-holder", and the "landlord".
Your landlord must give you a written statement, free of charge, within 14 days of the "occupation date" (the day on which you were entitled to move in). If you did not receive a copy of this written statement (including electronically if you have agreed to receive the written statement in an electronic form) within 14 days of the occupation date, for each day it is late, the landlord may be liable to pay you compensation, equivalent to a day's rent, up to a maximum of two months' rent (unless the failure was intentional in which case you can apply to the court to increase this amount).
The written statement must contain the terms of your contract and the explanatory information that the landlord is required to give you. The terms set out your rights and responsibilities and those of the landlord (that is, the things that you and your landlord must do or are permitted to do under the occupation contract). You should read the terms to ensure you fully understand and are content with them and then sign where indicated to confirm that you are content. The written statement should be kept safe as you may need to refer to it in the future.
The terms of your contract consist of:
key matters – that is, the address of the dwelling, the occupation date, the amount of rent (or other consideration) and the rental period (i.e. the period in respect of which the rent is payable (e.g. weekly or monthly)), the fact that this is a fixed term contract and if there are periods during which the contract-holder is not entitled to occupy the dwelling as home, details of those periods.
fundamental terms – these are provisions of the Act that are automatically included as terms of an occupation contract. Some cannot be changed and must reflect the wording in the Act. However, others can be left out or changed, but only if you and the landlord agree to do that and it benefits you as the contract-holder.
supplementary terms – these are provisions, set out in regulations made by the Welsh Ministers, which are also automatically included as terms of an occupation contract. However, providing you and the landlord agree to it, these can be left out or changed, either to benefit you or the landlord. Supplementary terms cannot be omitted or modified in a way that would make those terms incompatible with a fundamental term.
Where a fundamental or supplementary term has been left out or changed, this must be identified in this written statement.
The terms of your contract may also include:
additional terms – these are provisions agreed by you and the landlord, which can cover any other matter, provided they do not conflict with a key matter, a fundamental term or a supplementary term.
Under section 62 of the Consumer Rights Act 2015, an additional term, or any change to a supplementary term, which is unfair (within the meaning of that Act), is not binding on you.
An incorrect or incomplete written statement may mean the landlord is liable to pay you compensation.
Where any changes to this contract are agreed after the start of this contract, the landlord must provide you with a written copy of the new term or terms or a new written statement of this contract, within 14 days of the change being agreed.
Your contract is a fixed term standard contract, which means that it initially lasts for a specified period of time agreed between you and the landlord. If you remain in occupation after the end of the term, you and the landlord are treated as having made a new periodic standard contract in relation to the dwelling.
It also means that you cannot be evicted without a court order, unless you abandon the dwelling. Before a court makes such an order your landlord must demonstrate that the correct procedures have been followed and at least one of the following is satisfied:
1.1 you have broken one or more terms of the contract (which includes any arrears of rent, engaging in anti-social behaviour and other prohibited conduct, and failing to take proper care of the dwelling) and it is reasonable to evict you,
1.2 you are seriously in arrears with your rent (e.g. if the rental period is a month, at least two months' rent is unpaid), or
1.3 your landlord needs to move you, and one of the estate management grounds under section 160 (estate management grounds) of the Act applies, suitable alternative accommodation is available (or will be, available when the order takes effect), and it is reasonable to evict you.
Part 4 sets out the terms which will apply to the new periodic standard contract. Some of the terms of the fixed term contract will continue to apply and there are some additional terms which will only apply to the new periodic contract. The new periodic contract will continue from one rental period to the next (typically from month to month or week to week).
These include a right for the landlord to apply to the Court for a possession order (in addition to the three circumstances mentioned above which continue to apply) where:
- you have been given at least 6 months' notice under section 173 of the Act (landlord's notice) (see term 85 of this contract) that you must give up possession; and that the notice was not issued within the first six months of your original occupation date; and that no other restrictions on serving notice under section 173 apply, including the restrictions set out in sections 75 and 98 of the Housing Act 2004 (other consequences of operating unlicensed HMOs: restrictions on terminating tenancies) and section 44 of the Housing (Wales) Act 2014 (restriction on terminating tenancies.
You have important rights as to how you can use the dwelling, although some of these require the consent of your landlord. Someone who lives with you at the dwelling may have a right to succeed to this contract if you die.
You must not allow the dwelling to become overcrowded by permitting more people to live in it than the maximum number allowed. Part 10 of the Housing Act 1985 provides the basis for determining the maximum number of people permitted to live in the dwelling.
You can be held responsible for the behaviour of everyone who lives in and visits the dwelling. Anti-social behaviour and other prohibited conduct can include excessive noise, verbal abuse and physical assault. It may also include domestic abuse (including physical, emotional and sexual, psychological, emotional or financial abuse).
If you have a problem with your home, you should first contact your landlord. Many problems can be resolved quickly by raising them when they first arise. If you are unable to reach an agreement with your landlord, you may wish to contact an advice agency (such as Citizens Advice Cymru or Shelter Cymru) or independent legal advisors. Disputes regarding your contract may ultimately be settled through the county courts.
If you have any questions about this contract you may find the answer on the Welsh Government's website along with relevant information, such as information on the resolution of disputes. Alternatively, you may wish to contact an advice agency (such as Citizens Advice Cymru or Shelter Cymru) or independent legal advisors.
The key matters and information about the deposit and landlord are set out below and in the Booking Details.
This contract is
between:
(1) The entity identified as the “Landlord name” in the Booking Details (Landlord)
(2) The person identified as the “Customer name” in the Booking Details (contract-holder)
It relates to: the room identified as the “Room” in the Booking Details in the building identified as the “Property” in the Booking Details (the dwelling)
The rent is stated in the Booking Details.
The first payment is to be made on the date stated in your payment schedule breakdown as set out in the Booking Details And further payments are to be made on the dates stated in your payment schedule breakdown as set out in the Booking Details
Advanced Rent is the sum identified as “Advance Rent” in the Booking Details
The fixed term standard contract will end on the date specified in the Booking Details.
You can contact the landlord on/at: customerservices@unitestudents.com and/or 0300 303 8642.
You have not paid a deposit.
For more information about the holding of any deposit, see terms 5 & 6.
The occupation date (when you can begin occupying the dwelling) is the Check In date in the Booking Details.
Your acceptance of this contract through our online systems will be evidence of your agreement to this contract.
Rent Smart Wales
Registration Number will be the “Registration Number” set out in the Special Conditions of the Booking Details(if applicable)
Licence Number will be the “Registration Number” set out in the Special Conditions of the Booking Details (if applicable)
The fundamental and supplementary terms of this fixed term standard contract are set out in this Part. Fundamental terms that cannot be left out of this contract or changed have (F) added after the term sub-heading. Fundamental terms that can be left out or changed have (F+) added. Supplementary terms have (S) added.
Where additional terms are included Additional terms have (A) added.
Where any fundamental or supplementary term has been left out of the contract or otherwise changed, the following apply:
- Any new text is shown in capitals; and
- Any text omitted is shown in square brackets as [DELETED wording]. The following clauses have been deleted:
Clauses, 3, 11, 20.2 (part only);
Clauses 31.1, 31.2 & 31.4 (part only);
Clauses 313.2 & 33.3;
Clause 35 (Part only); and,
Clause 44
Where a term is referring to the contract-holder, it usually uses "you" instead of "the contract-holder". Similarly, where a term is referring to something belonging to the contract-holder, it usually uses "your" rather "the contract-holder's".
Definitions
The following terms have the meanings ascribed to them:
“Booking Details” means the Booking Details [above] setting out the details of the Room, the Property, Your Payments and the Length of Stay (among other things);
"Contents" means the furnishings, fixtures and fittings in the Room or Flat Common Areas as listed on the inventory to be provided to you on moving-in to the Room;
"Flat" means the flat (if any) referred to in the Booking Details, including its Contents, but excluding the Service Media in the Flat;
"Flat Common Areas" means the Flat, other than the Room and any other rooms within the Flat (to be occupied exclusively by other tenants of the Flat);
"Length of Stay" means the length of stay as specified in the Booking Details being the period from and including the Check In Date and ending on and including the Check Out Date as specified in the Booking Details;
"Payment Schedule" means the Payment Schedule Breakdown in the Booking Details setting out the amounts and the dates on which payments must be made;
"Property" means the building identified in the Booking Details where the Room, Flat, Flat Common Areas and the Property Common Areas are situated;
"Property Common Areas" means the entrance hall, stairs, corridors, laundry, courtyard, lifts, bicycle store (where applicable) and any other common areas in the Property provided for the benefit of all tenants;
"Regulations" means such regulations as we may make pursuant to term 14.8 for the purpose of ensuring the safety, security, cleanliness and good management of the Property, any part of it, or the comfort or convenience of the tenants of rooms or flats in the Property, or the efficient or economical performance by us of our obligations under the Tenancy Agreement;
"Room" means the Room as referred to in the Booking Details including its Contents, but excluding the Service Media within the Room;
"Service Media" means central heating and hot water systems, electrical services for power and lighting, drainage and water services, and any data or phone services provided;
“Special Conditions” means the Special Conditions referred to in the Booking Details;
Rent and other charges
Receipt of rent or other consideration (S)
1 Within 14 days of a request from you, the landlord must provide you with written receipt of any rent or other consideration paid or provided under the contract.
Additional Terms (A)
2 You must pay the rent on the dates specified in the Booking Details.
2.1 The Advance Rent is the sum stated in the Booking Details. It constitutes a prepayment of part of your first instalment of Rent and will be deducted from that first payment. If you terminate this contract after receipt of this written statement but before you take up occupation, the Landlord will retain the Advanced Rent.
2.2 If payment of the Rent due from you under this contract is late by more than 14 days, you will pay interest at the rate of 3% per annum above the Bank of England base rate on the outstanding amount from the date payment was due until the payment is made in full. Interest will be calculated on a daily basis.
2.3 Anybody who makes payments on your behalf towards Rent or other amounts due from you under this contract does so as your agent. In such circumstances you will remain liable for the payment of all sums under this contract and all our rights and remedies against you remain fully preserved. Where applicable, funds will only be returned to the original person and original source from which they were made.
2.4 Your rent includes the cost of supply of hot and cold water, heating and electrical power subject to fair and reasonable usage for a single occupant. We will be entitled to charge you for excessive use/we may treat excessive use as a breach of this contract.
[DELETED Periods when the dwelling is unfit for human habitation (S)
3 You are not required to pay the rent in respect of any day or part day during which the dwelling is unfit for human habitation.]
Right of set off (F+)
4 If the landlord is liable to pay you compensation under section 87 of the Act, you may set off that liability against rent.
Deposit
Form of security (F+)
5 The landlord may not require security (which includes a deposit) to be given in any form other than:
5.1 money, or
5.2 a guarantee.
Requirement to use a deposit scheme (F)
6.1 If you pay a deposit under this contract (or another person pays a deposit on your behalf), the deposit must be dealt with in accordance with an authorised deposit scheme.
6.2 Before the end of the period of 30 days starting with the day on which the deposit is paid, the landlord must:
6.2.1 comply with the initial requirements of the authorised deposit scheme, and
6.2.2 give you (and any person who has paid the deposit on your behalf) the required information.
6.3 The required information is such information as may be specified by the Welsh Ministers in regulations in accordance with section 45 of the Act, relating to:
6.3.1 the authorised deposit scheme which applies,
6.3.2 the landlord's compliance with the initial requirements of the scheme, and
6.3.3 the operation of Chapter 4 of Part 3 of the Act (Deposits and Deposit Schemes), including your rights (and the rights of any person who has paid the deposit on your behalf) in relation to the deposit.
Welfare benefits (F)
7 We must not prohibit you from claiming welfare benefits.
Prohibited conduct
Anti-social behaviour and other prohibited conduct (F)
8.1 You must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person with a right (of whatever description):
8.1.1 to live in the dwelling subject to this contract, or
8.1.2 to live in a dwelling or other accommodation in the locality of the dwelling subject to this contract.
8.2 You must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person engaged in lawful activity:
8.2.1 in the dwelling subject to this contract, or
8.2.2 in the locality of that dwelling.
8.3 You must not engage or threaten to engage in conduct:
8.3.1 capable of causing nuisance or annoyance to:
(a) the landlord, or
(b) a person (whether or not employed by the landlord) acting in connection with the exercise of the landlord's housing management functions, and
8.3.2 that is directly or indirectly related to or affects the landlord's housing management functions.
8.4 You may not use or threaten to use the dwelling subject to this contract, including any common parts and any other part of a building comprising the dwelling, for criminal purposes.
8.5 You must not, by any act or omission:
8.5.1 allow, incite or encourage any person who is living in or visiting the dwelling to act as mentioned in paragraphs 8.1 to 8.3 of this term, or
8.5.2 allow, incite or encourage any person to act as mentioned in paragraph 8.4 of this term.
Control of the dwelling
Use of the dwelling by the contract-holder (S)
9 You must not carry on or permit any trade or business at the dwelling without the landlord's consent.
Additional Rights and Reservations (A)
9.1 You have the following rights in common with the landlord and all other occupiers of the Property (including all other persons from time to time authorised by the landlord):
9.1.1 The right to use and access over the Property Common Areas and the Flat Common Areas including the right to come and go to and from the Room over such part of the Property Common Areas as are designed or designated to allow access;
9.1.2 The right to use the shared Facilities in the Flat Common Areas;
9.2 The Landlord reserves for itself and all those authorised by it the right to the free passage and running of water, soil, gas and electricity through any pipes, cables, wires, drains or sewers passing in or through the dwelling.
Contract Holder's additional obligations (A)
10 You must:
10.1 If requested you and your Guarantor complete and pass any checks we require to verify your identity;
10.2 Confirm that you are and will remain a student in full time education throughout the period of this contract;
10.3 Provide the Landlord with a certificate of exemption for council tax within 6 weeks of registering with your university or college or 10 weeks of your Check In Date (whichever is the sooner). You are responsible for the payment of council tax and you will reimburse us for any council tax we are required to pay as a result of you not providing us with a certificate of exemption.
10.4 Comply with any special conditions set out in the Booking Details.
10.5 Not currently be under investigation for, or have been charged with, any indictable only criminal offence or the possession or supply of controlled substances.
10.6 Not smoke in the dwelling or any part of the Property (including E –cigarettes).
10.7 Not keep any animal, bird, insect or reptile in the dwelling or the Property. We may permit accredited assistance dogs, medical service animals or emotional support animals (subject to the terms of our relevant internal policies).
10.8 Not to keep or use bicycles, electric bicycles, e-bikes, scooters or other battery-powered vehicles in the dwelling or anywhere in the Flat Common Areas.
10.9 Not to keep or use electric scooters or other unlicensed powered vehicles anywhere else on the Property. Bicycles, electric bicycles and e-bikes are permitted in outdoor spaces and designated bike parking areas.
10.10 Not to charge any such vehicles as mentioned in terms 10.6 and 10.7 or their batteries (if removable or not) or charge any rechargeable lithium-based or other high-energy usage batteries for any device anywhere on the Property.
10.11 Not to keep, store, or use any equipment which is intended to be used for the mining of cryptocurrency.
10.12 Comply with the usage guidelines in respect of the landlord's instant messaging service within the Unite Students app which facilitates tenants corresponding with flat mates prior to arrival; which usage guidelines are currently published on (1) the Unite Students app T&Cs (accessible at https://www.unitestudents.com/Terms/Web-and-app-terms/App-Terms) and (2) the Unite Students app community guidelines (accessible at https://www.unitestudents.com/terms/web-and-app-terms/community-guidelines);
10.13 Not post material on social media platforms or elsewhere, including the Unite Students app, which we (acting reasonably) consider to be illegal, immoral, racist, posing a threat of violence or connected any act of terrorism (whether actual, fictional or proposed);
10.14 Pay any reasonable costs and expenses (which must be reasonable both in amount and in nature) which the landlord has properly incurred, where you have not carried out your obligations under this contract. We are within our rights to recover any of these amounts from your deposit and/or via any claims against you (or your guarantor) via the Courts.
10.15 Allow access to the landlord or those authorised by it to access the dwelling for the purposes of inspections, viewings with prospective students.
[DELETED Permitted occupiers who are not lodgers or sub-holders (S)
11 You may permit persons who are not lodgers or sub-holders to live in the dwelling as a home.]
Persons under 18 (F)
12.1 You may permit a person who has not reached the age of 18 to live in or visit the dwelling.
12.2 We may not interfere with, or restrict the exercise of your right under 12.1 unless the interference or restriction is a proportionate means of achieving a legitimate aim.
Right to occupy without interference from the landlord (F+)
13.1 The landlord may not, by any act or omission, interfere with your right to occupy the dwelling.
13.2 The landlord does not interfere with your right to occupy the dwelling by reasonably exercising the landlord's rights under this contract.
13.3 The landlord does not interfere with your right to occupy the dwelling because of a failure to comply with repairing obligations (within the meaning of section 100(2) of the Act).
13.4 The landlord is to be treated as having interfered with your right if a person who:
13.4.1 acts on behalf of the landlord, or
13.4.2 has an interest in the dwelling, or part of it, that is superior to the landlord's interest.
interferes with your right by any lawful act or omission.
13.5 Notwithstanding the provisions of this term 13.5, the Landlord reserves the right to remove any items prohibited under terms 10 or 19, or otherwise, which the Landlord believes, acting reasonably, pose a threat to the safety and integrity of the Property of to the health and safety of others in connection with the Property.
Landlord's right to enter the dwelling – Repairs (F+)
14.1 The landlord may enter the dwelling at any reasonable time for the purpose of:
14.1.1 inspecting its condition and state of repair, or
14.1.2 carrying out works or repairs needed in order to comply with the obligations set out in terms 22 and 23 of this contract.
14.2 The landlord must give at least 24 hours' notice to you before exercising that right.
14.3 Paragraph 14.4 applies where:
14.3.1 the dwelling forms part only of a building, and
14.3.2 in order to comply with the obligations set out in terms 22 and 23 the landlord needs to carry out works or repairs in another part of the building.
14.4 The landlord is not liable for failing to comply with the obligations under terms 22 and 23 if the landlord does not have sufficient rights over that other part of the building to be able to carry out the works or repairs, and was unable to obtain such rights after making a reasonable effort to do so.
Landlord's right to enter the dwelling – repairs to fixtures and fittings (S)
15.1 In circumstances where you have not undertaken the repairs that are your responsibility in accordance with terms 21.2 and 21.3, the landlord may enter the dwelling at any reasonable time for the purpose of carrying out repairs to the fixtures and fittings or other items listed in the inventory, or replacing them.
15.2 But the landlord must give you at least 24 hours' notice before entering the dwelling.
Landlord's right to enter the dwelling – other works and inspections (A)
16 You must allow the landlord and all those authorised by the landlord to enter the dwelling and the Flat on reasonable written notice of not less than 24 hours (except where, in the landlord's reasonable belief, they consider that there is an emergency and/or that an unlawful activity is or may be occurring within the dwelling or the Flat which is placing any person at risk of harm, when no notice will be given), for any necessary purpose, including but not limited to:
16.1 Viewings with prospective tenants;
16.2 to carry out any inspections required by law including (but not limited to) fire safety inspections; and
16.3 to carry out any works, repairs, maintenance or installations required by law or any work associated with any necessary improvement or refurbishment work.
16.4 To carry out repairs, improvements or other works to the Property Common Areas or any other adjoining land belonging to the landlord.
Landlord's right to enter the dwelling – Emergencies (S)
17 In the event of an emergency which results in the landlord needing to enter the dwelling without notice, you must give the landlord immediate access to the dwelling.
17.1 If you do not provide access immediately, the landlord may enter the dwelling without your permission.
17.2 If the landlord enters the dwelling in accordance with paragraph 17.1, the landlord must use all reasonable endeavours to notify you that they have entered the dwelling as soon as reasonably practicable after entry.
17.3 For the purposes of paragraph 17 in this term, an emergency includes:
17.3.1 something which requires urgent work to prevent the dwelling or dwellings in the vicinity from being severely damaged, further damaged or destroyed, and
17.3.2 something which if not dealt with by the landlord immediately, would put at imminent risk the health and safety of you, any permitted occupier of the dwelling or other persons in the vicinity of the dwelling.
Care of the dwelling – contract-holder's responsibilities
Duty to take care of the dwelling (S)
18 You are not liable for fair wear and tear to the dwelling or to fixtures and fittings within the dwelling but must—
18.1 take proper care of the dwelling, fixtures and fittings within the dwelling and any items listed in the inventory,
18.2 not remove any fixtures and fittings or any items listed in the inventory from the dwelling without the consent of the landlord,
18.3 keep the dwelling in a state of reasonable decorative order, and
18.4 not keep anything in the dwelling that would be a health and safety risk to you, any permitted occupier, any persons visiting the dwelling or any persons residing in the vicinity of the dwelling.
19 You will be liable for any damage that goes beyond fair wear and tear to the building and shall pay us a fair and reasonable proportion, up to the full amount, of any costs we incur in repairing any damage to the Room, the Flat, the Contents or the Property Common Areas (including replacement items where this is necessary). These costs shall be apportioned:
19.1 As if you caused the damage to the Room (or the Contents of the Room); and
19.2 on the basis of the best available evidence in relation to the damage to the Flat (or the shared facilities or Contents in the Flat Common Areas).
19.3 Notwithstanding term 19, the Landlord reserves its legal rights in the events of any criminal damage or theft of property.
Additional Obligations (A)
20 You have the following additional obligations:
20.1 not erect any external wireless at the Property or hang clothes or fabrics out of the windows or doors
20.2 You must not keep, have delivered to the Property, or use illegal drugs or psychoactive substances (including, for example, nitrous oxide otherwise known as ‘laughing gas’).
20.3 You must not keep or use any electric, gas or oil heater or artificial temperature control devices (or other fuel burning appliance), including electric fan heaters, A/C units, candles and any flame lit device in the Room, Flat or Property.
20.4 You must not keep, store or use any appliances in Rooms (including kettles, toasters, coffee machines, blenders, sandwich-makers, gas-stoves (or other cooking appliance), or white goods such as tumble-dryers or refrigerator freezers)
20.4.1 notwithstanding 20.3 above, counter-top appliances such as toasters, kettles, coffee machines and blenders are permitted in kitchen areas of Studio Rooms.
20.5 You should note that tampering with fire prevention/life-saving equipment including, but not restricted to, fire extinguishers, fire doors and smoke detectors, is a criminal offence (punishable by a fine and/or imprisonment) and it will be treated as a serious breach of this contract.
20.6 To pay any reasonable costs which the landlord incurs as a result of your breach of this contract
Duty to notify landlord of defect or disrepair (S)
21.1 You must notify the landlord as soon as reasonably practicable of any fault, defect, damage or disrepair which you reasonably believe is the landlord's responsibility.
21.2 Where you reasonably believe that any fault, defect, damage or disrepair to the fixtures and fittings or items listed in the inventory is not the landlord's responsibility, you must, [DELETED within a reasonable period of time, carry out repairs to such fixtures and fittings or other items listed in the inventory, or replace them.] immediately notify the landlord who will carry out the necessary repair or renewal or you can choose to replace or renew the damaged item at your cost.
21.3 The circumstances in which paragraph 21.2 applies include where the fault, defect, damage or disrepair has occurred wholly or mainly because of an act or omission amounting to a lack of care by you, any permitted occupier or any person visiting the dwelling.
Care of the dwelling – landlord's obligations
Landlord's obligation: fitness for human habitation (F+)
22.1 The landlord must ensure that the dwelling is fit for human habitation:
22.1.1 on the occupation date of this contract, and
22.1.2 for the duration of this contract.
The reference to the dwelling in paragraph 22.1 includes, if the dwelling forms part only of a building, the structure and exterior of the building and the common parts.
Landlord's obligation to keep a dwelling in repair (F+)
23.1 The landlord must:
23.1.1 keep in repair the structure and exterior of the dwelling (including drains, gutters and external pipes), and
23.1.2 keep in repair and proper working order the service installations in the dwelling.
23.2 If the dwelling forms part only of a building, the landlord must:
23.2.1 keep in repair the structure and exterior of any other part of the building (including drains, gutters and external pipes) in which the landlord has an estate or interest, and
23.2.2 keep in repair and proper working order a service installation which directly or indirectly serves the dwelling, and which either:
(a) forms part of any part of the building in which the landlord has an estate or interest, or
(b) is owned by the landlord or is under the landlord's control.
23.3 The standard of repair required by paragraphs 23.1 and 23.2 is that which is reasonable having regard to the age and character of the dwelling, and the period during which the dwelling is likely to be available for occupation as a home.
23.4 In this contract, "service installation" means an installation for the supply of water, gas or electricity, for sanitation, for space heating or for heating water.
Further landlord obligations in relation to terms 22 and 23 (F+)
24.1 The landlord must make good any damage caused by works and repairs carried out in order to comply with the landlord's obligations under terms 22 and 23.
24.2 The landlord may not impose any obligation on you in the event of you enforcing or relying on the landlord's obligations under terms 22 and 23.
Limits on landlord obligations in relation to terms 22 and 23: General (F+)
25.1 Term 22.1 does not impose any liability on the landlord in respect of a dwelling which the landlord cannot make fit for human habitation at reasonable expense.
25.2 The landlord's obligations under terms 22.1 and 23.1 do not require the landlord:
25.2.1 to keep in repair anything which you are entitled to remove from the dwelling, or
25.2.2 to rebuild or reinstate the dwelling or any part of it, in the case of destruction or damage by a relevant cause.
25.3 If the dwelling forms part only of a building, the landlord's obligation under terms 22.1 and 23.2 do not require the landlord to rebuild or reinstate any other part of the building in which the landlord has an estate or interest, in the case of destruction or damage by a relevant cause.
25.4 Relevant causes for the purpose of paragraphs 23.2.2 and 23.3 are fire, storm, flood or other inevitable accident.
25.5 Term 23.2 does not require the landlord to carry out works or repairs unless the disrepair or failure to keep in proper working order affects your enjoyment of:
25.5.1 the dwelling, or
25.5.2 the common parts that you are entitled to use under this contract.
Limits on landlord obligations in relation to terms 22 and 23: contract-holder's fault (F+)
26.1 Term 22.1 does not impose any liability on the landlord if the dwelling is unfit for human habitation wholly or mainly because of an act or omission (including an act or omission amounting to lack of care) by you or a permitted occupier of the dwelling.
26.2 The landlord is not obliged by term 23.1 or 23.2 to carry out works or repairs if the disrepair, or the failure of a service installation to be in working order, is wholly or mainly attributable to lack of care by you or a permitted occupier of the dwelling.
26.3 "Lack of care" means a failure to take proper care:
26.3.1 of the dwelling, or
26.3.2 if the dwelling forms part only of a building, of the common parts that you are entitled to use under this contract.
Limits on landlord obligations in relation to terms 22 and 23: notice (F+)
27.1 The landlord's obligations under term 22.1.2 and under term 23.1 and 23.2 do not arise until the landlord (or in the case of joint landlords, any one of them) becomes aware that works or repairs are necessary.
27.2 The landlord complies with the obligations under term 22.1.2 and under term 23.1 and 23.2 if the landlord carries out the necessary works or repairs within a reasonable time after the day on which the landlord becomes aware that they are necessary.
27.3 If:
27.3.1 the landlord (the "old landlord") transfers the old landlord's interest in the dwelling to another person (the "new landlord"), and
27.3.2 the old landlord (or where two or more persons jointly constitute the old landlord, any one of them) is aware before the date of the transfer that works or repairs are necessary in order to comply with term 22.1 or 23.1 or 23.2,
the new landlord is to be treated as becoming aware of the need for those works or repairs on the date of the transfer, but not before.
Landlord's Cleaning and Decoration Obligations (A)
28 The Landlord will:
28.1 Decorate, adequately heat and light the Property Common Areas and the Flat Common Areas;
28.2 Clean the Property Common Areas;
28.3 Provide security facilities for the Property;
28.4 Accept delivery of your parcels and mail in accordance with our Parcel Delivery Service Terms and Conditions (as published on the https://www.unitestudents.com/post-and-parcel-terms website), which you accept by entering into this contract. If you do not accept the Parcel Delivery Service Terms and Conditions the landlord cannot accept delivery of parcels and mail addressed to you.
Landlord's right to move you (A)
29 The Landlord reserves the right during the contract to ask you to move to alternative accommodation (which will be at our discretion and may be in a hotel) for the purpose of carrying out emergency repairs to the dwelling or the Property. You must move as requested subject to:
29.1.1 You having been given reasonable notice (except in an emergency);
29.1.2 You occupying the alternative accommodation on the same terms as those contained in this contract including the Rent payable.
Rights of permitted occupiers (F+)
30.1 A permitted occupier who suffers personal injury, or loss of or damage to personal property, as a result of the landlord failing to comply with term 22 or 23, may enforce the term in question in his or her own right by bringing proceedings in respect of the injury, loss or damage.
30.2 But a permitted occupier who is a lodger or sub-holder may do so only if the lodger is allowed to live in the dwelling, or the sub-occupation contract is made, in accordance with this contract.
Making changes to the dwelling or utilities
Changes to the dwelling (S)
31.1 You must not make any alteration to the dwelling or the Property without the consent of the landlord.
31.2 the purposes of paragraph 31.1, "alteration" includes:
31.2.1 any addition to or alteration of the fixtures and fittings in the dwelling,
31.2.2 the erection of an aerial or satellite dish,
31.2.3 the erection, removal or structural alteration to sheds, garages or any other structures in the dwelling, and
31.2.4 the carrying out of external decoration to the dwelling.
Changes to the provision of utilities to the dwelling (S)
32.1 [DELETED You may change any of the suppliers to the dwelling of :
32.1.1 electricity, gas, or other fuel or water (including sewerage) services;
32.1.2 telephone, internet, cable television or satellite television services.]
32.2 [DELETED You must inform the landlord as soon as reasonably practicable of any changes made pursuant to paragraph 32.1.]
32.3 Unless the landlord consents, you must not:
32.3.1 leave the dwelling, at the end of the contract, without a supplier of electricity, gas or other fuel (if applicable) or water (including sewerage) services, unless these utilities were not present at the dwelling on the occupation date;
32.3.2 install or remove, or arrange to have installed or removed, any specified service installations at the dwelling.
32.4 For the purposes of paragraph [DELETED (3)(b)] 32.3.2 of this term, "specified service installations" means an installation for the supply of water, gas or electricity or other fuel (if applicable) for sanitation, for space heating or for heating water.
Security and safety of the dwelling: contract-holder's responsibilities
Security of the dwelling – unoccupied periods (S)
33 If you become aware that the dwelling has been or will be unoccupied for 28 or more consecutive days, you must notify the landlord as soon as reasonably practicable.
Security of the dwelling – locks (S)
34.1 You must take reasonable steps to ensure the dwelling is secure.
34.2 [DELETED You may change any lock on the external or internal doors of the dwelling provided that any such changes provide no less security than that previously in place.]
34.3 [DELETED If any change made under paragraph 34.2 results in a new key being needed to access the dwelling or any part of the dwelling, you must notify the landlord as soon as reasonably practicable of any change and make available to the landlord a working copy of the new key.]
34.4 You will be responsible for the actual costs reasonably incurred by the landlord in replacing any damaged or lost key, fob or other access device as well as any other reasonably incurred costs arising from their loss.
Creating a sub-tenancy or sub-licence, transferring the contract or taking out a mortgage
Permissible forms of dealing (F+)
35.1 You may not deal with this contract the dwelling or any part of the dwelling except:
35.1.1 in a way permitted by this contract, or
35.1.2 in accordance with a family property order (see section 251 of the Act).
35.2 A joint contract-holder may not deal with his or her rights and obligations under this contract (or with this contract, the dwelling or any part of the dwelling), except:
35.2.1 in a way permitted by this contract, or
35.2.2 in accordance with a family property order.
35.3 You may not transfer the interest created by this contract to anyone else. If you wish to end your tenancy early and have found a replacement tenant for the Room we will, acting reasonably, consider terminating your tenancy. It shall be at our absolute discretion whether we choose to enter into a replacement contract with the new occupier you suggest, but if we do so choose it will be subject to the following conditions:
35.3.1 the replacement tenant must provide a guarantor of his/her own in respect of their obligations under the replacement tenancy agreement;
35.3.2 the replacement tenant and their guarantor shall enter into a new contract with us in similar terms as are contained in this contract and which commences on the same date that your tenancy is terminated; and
35.3.3 you will pay any arrears before we agree to terminate your contract.
35.4 If we agree with you to change rooms to another room owned and/or operated by a company within the Unite Group PLC’s group of companies, you hereby agree to be bound by the terms of this contract in respect of such room (until such time as a you enter into a new tenancy agreement).
35.5 If you do anything in breach of paragraph 35.1, or a joint contract-holder does anything in breach of paragraph 35.2:
35.5.1 the transaction is not binding on the landlord, and
35.5.2 you or the joint contract-holder are in breach of this contract (despite the transaction not being binding on the landlord).
35.6 "Dealing" includes:
35.6.1 creating a tenancy, or creating a licence which confers the right to occupy the dwelling;
35.6.2 transferring;
35.6.3 mortgaging or otherwise charging.
Permitting lodgers (S)
36 You must not allow persons to live in the dwelling [DELETED as lodgers without the landlord's consent].
Provisions about joint contract-holders: Adding a joint contract-holder (F+)
37.1 You, as the contract-holder under this contract, and another person may, with the consent of the landlord, make that person a joint contract-holder under the contract.
37.2 If a person is made a joint contract-holder under this term, he or she becomes entitled to all the rights and subject to all the obligations of a contract-holder under this contract from the day on which he or she becomes a joint contract-holder.
Joint contract-holder ceasing to be a party to a contract -– survivorship (F)
38.1 If a joint contract-holder under this contract dies, or ceases to be a party to this contract for some other reason, from the time he or she ceases to be a party the remaining joint contract-holders are:
38.1.1 fully entitled to all the rights under this contract, and
38.1.2 liable to perform fully every obligation owed to the landlord under this contract.
38.2 The joint contract-holder is not entitled to any right or liable to any obligation in respect of the period after he or she ceases to be a party to the contract.
38.3 Nothing in paragraph 38.1 or 38.2 removes any right or waives any liability of the joint contract-holder accruing before he or she ceases to be a party to the contract.
38.4 This term does not apply where a joint contract-holder ceases to be a party to this contract because his or her rights and obligations under the contract are transferred in accordance with the contract.
Termination of contract – general
Permissible termination etc. (F)
39.1 This contract may be ended only in accordance with:
39.1.1 the fundamental terms of this contract which incorporate fundamental provisions set out in Part 9 of the Act or other terms included in this contract in accordance with Part 9 which are set out in terms 39 to 42, 46 to 55 and term 64, or
39.1.2 any enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers.
39.2 Nothing in this term affects:
39.2.1 any right of the landlord or contract-holder to rescind the contract, or
39.2.2 the operation of the law of frustration.
Termination by agreement (F+)
40.1 If the landlord and you agree to end this contract, this contract ends:
40.1.1 when you give up possession of the dwelling in accordance what you agree with the landlord, or
40.1.2 if you do not give up possession and a substitute occupation contract is made, immediately before the occupation date of the substitute occupation contract.
40.2 An occupation contract is a substitute contract if:
40.2.1 it is made in respect of the same (or substantially the same) dwelling as the original contract, and
40.2.2 you were also the contract-holder under the original contract.
Repudiatory breach by landlord (F+)
41 If the landlord commits a repudiatory breach of contract and you give up possession of the dwelling because of that breach, this contract ends when you give up possession of the dwelling.
Death of a sole contract-holder (F)
42.1 If you are sole contract-holder, this contract ends:
42.1.1 one month after your death, or
42.1.2 if earlier, when the landlord is given notice of your death by the authorised persons.
42.2 The authorised persons are:
42.2.1 your personal representatives, or
42.2.2 the permitted occupiers of the dwelling aged 18 and over (if any) acting together.
42.3 The contract does not end if under section 74 (persons qualified to succeed) of the Act one or more persons are qualified to succeed you.
42.4 The contract does not end if, at your death, a family property order has effect which requires the contract to be transferred to another person.
42.5 If, after your death, the family property order ceases to have effect and there is no person qualified to succeed you, the contract ends:
42.5.1 when the order ceases to have effect, or
42.5.2 if later, at the time the contract would end under the paragraph 42.1.
Contract-holders' obligations at the end of the contract (S)
43 When you vacate the dwelling at the end of this contract, you must:
43.1 remove from the dwelling and all property belonging:
43.1.1 to you, or
43.1.2 to any permitted occupier who is not entitled to remain in occupation of the dwelling,
43.1.3 return any property belonging to the landlord to the position that property was in on the occupation date, and
43.2 return to the landlord all keys which enable access to the dwelling, which were held during the term of the contract by you or any permitted occupier who is not entitled to remain in occupation of the dwelling.
Additional Contract- holders' obligations at the end of the Contract (A)
44.1 You must:
44.1.1 Remove all of your belongings from the Property
44.1.2 Remove all rubbish from the dwelling.
44.1.3 Pay all outstanding amounts due to the landlord under the terms of this contract.
[DELETED Repayment of rent or other consideration (S)
45 The landlord must repay, within a reasonable time at the end of this contract, to you any pre-paid rent or other consideration which relates to any period falling after the date on which this contract ends.]
Termination by contract-holder
Early termination by contract-holder (F+)
46.1 You may end this contract at any time before the earlier of:
46.1.1 the landlord giving you a written statement of this contract under term 57.1, or
46.1.2 the occupation date.
46.2 To end this contract under paragraph 46.1 you must give a notice to the landlord stating that you are ending this contract.
46.3 On giving the notice to the landlord, you:
46.3.1 cease to have any liability under this contract, and
46.3.2 become entitled to the return of any deposit, rent or other consideration given to the landlord in accordance with this contract.
Termination of the contract with joint contract-holders (F+)
47 If there are joint contract-holders under this contract, this contract cannot be ended by the act of one or more of the joint contract-holders acting without the other joint contract-holder or joint contract-holders.
Termination by the landlord: possession claims and possession notices
Possession claims (F)
48 The landlord may make a claim to the court for recovery of possession of the dwelling from you ("a possession claim") only in the circumstances set out in Chapters 3 and 7 of Part 9 of the Act which are set out in terms 50 to 55 and 64.
Possession notices (F+)
49.1 This term applies in relation to a possession notice which a landlord is required to give to a contract-holder under any of the following terms before making a possession claim:
49.1.1 term 51 (in relation to a breach of contract by a contract-holder);
49.1.2 term 53 (in relation to estate management grounds);
49.1.3 term 55 (in relation to serious rent arrears).
49.2 The notice must (in addition to specifying the ground on which the claim will be made):
49.2.1 state the landlord's intention to make a possession claim,
49.2.2 give particulars of the ground for seeking possession, and
49.2.3 state the date after which the landlord is able to make a possession claim.
Termination by the landlord: grounds for making a possession claim
Breach of contract (F+)
50.1 If you breach this contract, the landlord may on that ground make a possession claim.
50.2 Section 209 of the Act provides that the court may not make an order for possession on that ground unless it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10 to the Act).
Restrictions on making a possession claim in relation to a breach of contract (F+)
51.1 Before making a possession claim on the ground in term 50, the landlord must give you a possession notice specifying that ground.
51.2 The landlord may make a possession claim in reliance on a breach of term 7 (anti-social behaviour and other prohibited conduct) on or after the day on which the landlord gives you a possession notice specifying a breach of that term.
51.3 The landlord may not make a possession claim in reliance on a breach of any other term of this contract before the end of the period of one month starting with the day on which the landlord gives you a possession notice specifying a breach of that term.
51.4 In either case, the landlord may not make a possession claim after the end of the period of six months starting with the day on which the landlord gives you the possession notice.
Estate management grounds (F+)
52.1 The landlord may make a possession claim on one or more of the estate management grounds.
52.2 The estate management grounds (which are set out in Part 1 of Schedule 8 to the Act) are included in the Annex to this contract.
52.3 Section 210 of the Act provides that the court may not make an order for possession on an estate management ground unless:
52.3.1 it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10 to the Act), and
52.3.2 it is satisfied that suitable alternative accommodation (what is suitable is to be determined in accordance with Schedule 11 to the Act) is available to you (or will be available to you when the order takes effect).
52.4 If the court makes an order for possession on an estate management ground (and on no other ground), the landlord must pay to you a sum equal to the reasonable expenses likely to be incurred by you in moving from the dwelling.
52.5 Paragraph 52.4 does not apply if the court makes an order for possession on Ground A or B (the redevelopment grounds) of the estate management grounds (and on no other ground).
Restrictions on making a possession claim under term 52 (estate management grounds) (F+)
53.1 Before making a possession claim on an estate management ground, the landlord must give you a possession notice specifying that ground.
53.2 The landlord may not make the claim:
53.2.1 before the end of the period of one month starting with the day on which the landlord gives you the possession notice, or
53.2.2 after the end of the period of six months starting with that day.
53.3 If a redevelopment scheme is approved under Part 2 of Schedule 8 to the Act subject to conditions, the landlord may give you a possession notice specifying estate management Ground B before the conditions are met.
53.4 The landlord may not give you a possession notice specifying estate management Ground G (accommodation not required by successor)—
53.4.1 before the end of the period of six months starting with the day on which the landlord (or in the case of joint landlords, any one of them) became aware of the previous contract-holder's death, or
53.4.2 after the end of the period of twelve months starting with that day.
53.5 The landlord may not give you a possession notice specifying estate management Ground H (departing joint contract-holder) after the end of the period of six months starting with the day on which the joint contract-holder's rights and obligations under this contract ended.
Serious rent arrears (F+)
54.1 If you are seriously in arrears with your rent, the landlord may on that ground make a possession claim.
54.2 You are seriously in arrears with your rent:
54.2.1 where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid;
54.2.2 where the rental period is a month, if at least two months' rent is unpaid;
54.2.3 where the rental period is a quarter, if at least one quarter's rent is more than three months in arrears;
54.2.4 where the rental period is a year, if at least 25% of the rent is more than three months in arrears.
54.3 Section 216 of the Act provides that the court must (subject to any available defence based on your Convention rights) make an order for possession of the dwelling if it is satisfied that you:
54.3.1 were seriously in arrears with your rent on the day on which the landlord gave you the possession notice, and
54.3.2 are seriously in arrears with your rent on the day on which the court hears the possession claim.
Restrictions on making a possession claim under term 54 (serious rent arrears) (F+)
55.1 Before making a possession claim on the ground in term 54, the landlord must give you a possession notice specifying that ground.
55.2 The landlord may not make the claim:
55.2.1 before the end of the period of 14 days starting with the day on which the landlord gives you the possession notice, or
55.2.2 after the end of the period of six months starting with that day.
Court's Order for possession
Effect of order for possession (F+)
56.1 If the court makes an order requiring you to give up possession of the dwelling on a date specified in the order, this contract ends:
56.1.1 if you give up possession of the dwelling on or before that date, on that date,
56.1.2 if you give up possession of the dwelling after that date but before the order for possession is executed, on the day on which you give up possession of the dwelling, or
56.1.3 if you do not give up possession of the dwelling before the order for possession is executed, when the order for possession is executed.
56.2 Paragraph 56.3 applies if:
56.2.1 it is a condition of the order that the landlord must offer a new contract in respect of the same dwelling to one or more joint contract-holders (but not all of them), and
56.2.2 that joint contract-holder (or those joint contract-holders) continues to occupy the dwelling on and after the occupation date of the new contract.
56.3 This contract ends immediately before the occupation date of the new contract.
Variation
Variation (F – except 57.1.1 which is F+)
57.1 This contract may not be varied except:
57.1.1 by agreement between you and the landlord, or
57.1.2 by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers.
57.2 A variation of this contract (other than by or as a result of an enactment) must be in accordance with term 58.
Limitation on variation (F)
58.1 The fundamental terms of this contract set out in paragraph 58.2, may not be varied (except by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers).
58.2 The fundamental terms to which paragraph 58.1 applies are:
58.2.1 term 6 (requirement to use deposit scheme),
58.2.2 term 87 (anti-social behaviour and other prohibited conduct),
58.2.3 term 38 (joint contract-holder ceasing to be a party to the occupation contract),
58.2.4 term 39 (permissible termination),
58.2.5 term 42 (death of sole contract-holder),
58.2.6 term 48 (possession claims),
58.2.7 term 57.1.1 and 57.2 (variation),
58.2.8 this term, and
58.2.9 term 64 (false statement inducing - landlord to make contract to be treated as breach of conduct).
58.3 A variation of any other fundamental term (other than by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers) is of no effect:
58.3.1 unless as a result of the variation:
(a) the fundamental provision which the term incorporates is incorporated without modification, or
(b) the fundamental provision which the term incorporates is not incorporated or is incorporated with modification, the effect of this is that your position is improved;
58.3.2 if the variation (regardless of whether it is within paragraph 58.3.1) would render the fundamental term incompatible with a fundamental term set out in paragraph 58.2.
58.4 A variation of a term of this contract is of no effect if it would render a term of this contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this term in a way that would avoid the incompatibility).
58.5 Paragraph 58.4 does not apply to a variation made by or as a result of an enactment.
Written statements and the provision of information
Written statements (F+)
59.1 The landlord must give you a written statement of this contract before the end of the period of 14 days starting with the occupation date.
59.2 If there is a change in the identity of the contract-holder under this contract, the landlord must give the new contract-holder a written statement of this contract before the end of the period of 14 days starting with—
59.2.1 the day on which the identity of the contract-holder changes, or
59.2.2 if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
59.3 The landlord may not charge a fee for providing a written statement under paragraph 59.1 or 59.2.
59.4 You may request a further written statement of this contract at any time.
59.5 The landlord may charge a reasonable fee for providing a further written statement.
59.6 The landlord must give you the further written statement before the end of the period of 14 days starting with:
59.6.1 the day of the request, or
59.6.2 if the landlord charges a fee, the day on which you pay the fee.
Written statement of variation (F+)
60.1 If this contract is varied the landlord must, before the end of the relevant period, give you:
60.1.1 a written statement of the term or terms varied, or
60.1.2 a written statement of this contract as varied.
60.2 The relevant period is the period of 14 days starting with the day on which this contract is varied.
60.3 The landlord may not charge a fee for providing a written statement under paragraph 60.1.
Provision of information by landlord about the landlord (F+)
61.1 The landlord must, before the end of the period of 14 days starting with the occupation date, give you notice of an address to which you may send documents that are intended for the landlord.
61.2 If there is a change in the identity of the landlord, the new landlord must, before the end of the period of 14 days starting with the day on which the new landlord becomes the landlord, give you notice of the change in identity and of an address to which you may send documents that are intended for the new landlord.
61.3 If the address to which you may send documents that are intended for the landlord changes, the landlord must, before the end of the period of 14 days starting with the day on which the address changes, give you notice of the new address.
Compensation for breach of term 59 (F+)
62.1 If the landlord fails to comply with an obligation under term 61, the landlord is liable to pay you compensation under section 87 of the Act.
62.2 The compensation is payable in respect of the relevant date and every day after the relevant date until:
62.2.1 the day on which the landlord gives the notice in question, or
62.2.2 if earlier, the last day of the period of two months starting with the relevant date.
62.3 Interest on the compensation is payable if the landlord fails to give you the notice on or before the day referred to in paragraph 62.2.2.
62.4 The interest starts to run on the day referred to in paragraph 62.2.2 at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 at the end of that day.
62.5 The relevant date is the first day of the period before the end of which the landlord was required to give the notice.
Inventory (S)
63.1 The landlord must provide you with an inventory in relation to the dwelling no later than the date by which the landlord must provide you with the written statement of this contract in accordance with term 58.
63.2 The inventory must set out the dwelling's contents, including all fixtures and fittings and must describe their condition as at the occupation date.
63.3 If you disagree with the information within the inventory, you may provide comments to the landlord.
63.4 Where no comments are received by the landlord within 14 days, the inventory is deemed accurate.
63.5 Where comments are received by the landlord within 14 days, the landlord must either:
63.5.1 amend the inventory in accordance with those comments and send the amended inventory to you, or
63.5.2 inform you that the comments are not agreed, and re-send the original inventory to you, with the comments attached to a copy of the inventory, or
63.5.3 amend the inventory in accordance with some of the comments and send the amended inventory to you, together with a record of the comments which have not been agreed.
Other matters
False statement inducing landlord to make contract to be treated as breach of conduct (F)
64.1 If the landlord is induced to make this contract by means of a relevant false statement:
64.1.1 you are to be treated as being in breach of this contract, and
64.1.2 the landlord may accordingly make a possession claim on the ground in term 48 (breach of contract).
64.2 A relevant false statement is one which if it is made knowingly or recklessly by:
64.2.1 you, or
64.2.2 another person acting at your instigation.
Forms of notices etc. (F+)
65.1 Any notice, statement or other document required or authorised to be given or made by this occupation contract must be in writing.
65.2 Sections 236 and 237 of the Act make further provision about form of notices and other documents, and about how to deliver or otherwise give a document required or authorised to be given to a person by or because of that Act.
Passing notices etc. to the landlord (S)
66 You must:
66.1.1 keep safe any notices, orders or other documents delivered to the dwelling addressed to the landlord specifically or the owner generally, and
66.1.2 as soon as is reasonably practicable, give the landlord the original copies of any such notices, orders or other documents to the landlord.
Recharges (A)
67 You must pay to the landlord:
67.1 Any costs which it reasonably incurs as a result of any breach of this contract by you or your visitors.
67.2 An y reasonable costs it incurs in replacing any damaged or lost key, fob or other access device as well as any other reasonably incurred costs arising from their loss.
Environmental Impacts (A)
68 You are encouraged to work with the landlord to help reduce environmental impacts of the Property including activity such as:
68.1 Taking reasonable steps to reduce the wastage of energy and water, such as switching off lights in vacant areas, only heating spaces to a reasonable temperature, and closing windows when heating is operating.
68.2 Cooperating with the landlord where work is proposed to improve energy, water or carbon performance such as upgrades to lighting or heating systems.
68.3 Managing waste responsibly including recycling waste in line with arrangements on site.
68.4 Reporting issues or problems that could result in the wastage of energy or water, such as dripping taps or showers, leaking toilet cisterns, or problems with heating controls, to the landlord for repair.
68.5 Getting involved with activities, programmes or initiatives that the landlord may run to help reduce environmental impacts.
69 You are encouraged to consider the environmental and social impact of your behaviour and to make responsible living choices, such as:
69.1 Reducing the consumption of items, including single-use plastic, and reusing where possible.
69.2 Purchasing environmentally sensitive products (such as cleaning material and toiletries).
69.3 Reducing food waste.
69.4 Donating unwanted items to charity, and recycling items at end of life.
69.5 Consider the most sustainable transport options such as public transport or bike instead of driving.
Additional terms – Miscellaneous (A)
70 If the Landlord reasonably believes that you have breached this contract, it reserves the right to inform your Guarantor, the academic establishment at which you are studying and any other relevant authorities of the circumstances of your breach. Any breach of this contract may result in the Landlord taking steps to end it (please see terms 48 and 49).
71 In order to administer your contract, we need to use your personal information and personal information relating to your Guarantor. To find out more about how we use and share your personal information please see our Privacy Notice, as published at https://www.unitestudents.com/privacy-policy or you can make a written request for a hard copy from our notice address. The Privacy Notice also provides information about your rights in relation to your personal information and how you can exercise them.
72 The Landlord collects and monitors individual fob and access key usage, including time, date and location of each event throughout the property. This data is used to manage and maintain the security and safety of residents and employees or investigate incidents.
73 Your Room and Flat are fitted with a control unit to monitor and record our personal environment and utilities consumption data, such as temperature, light, humidity, noise-level, window status, water and electricity consumption. It will be processed at an identifiable level to improve energy efficiency, support our sustainability goals and sustainable living, report on energy usage including statutory reporting obligations, undertake our legal obligations (such as safety or mould), identify faults, leaks or damage and take necessary action, automatically manage environmental conditions, identify open windows, provide you with tailored information and messages to help you reduce energy or water consumption, unusual or excessive consumption patterns and identify breach of tenancy.
74 The Landlord will collect and monitor noise level and room presence to identify breaches in tenancy or complaints, automate environmental conditions and distribute appropriate messages to address this. Collection will be in respect of decibel levels only and there will be no monitoring or collection of audio-recording.
75 Your data may also be analysed, potentially using AI technology, to monitor, assess, track and communicate site wide and / or room level environmental performance and opportunities.
76 This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual dispute or claims) shall be governed by and construed with the law of England and Wales as it applies in Wales.
Terms which apply to any periodic standard contract which may arise under section 184(2) of the Act after the end of the fixed term (the Potential Contract)
Preliminary Matters
Occupation date and Rent
77.1 The terms set out in Part 4 will only apply if you remain in occupation of the dwelling after the end of the fixed term set out in the Booking Condition.
77.2 The occupation date for the Potential Contract will be the date immediately after the end of the fixed term as per the Special Conditions.
77.3 The rent is payable in advance. The first payment is due on the occupation date as per 72.2 above and is for the amount as per the first instalment as described in the Special Conditions and further payments are due in line with the rental instalment periods as described in the Special Conditions.
Terms of Fixed Contract which will apply to the Potential Contract
78.1 Subject to paragraph 74.2 below, the terms of the Fixed Term Standard Contract will apply to the Potential Contract.
78.2 The terms of the Fixed Term Standard Contract which will not apply to the Potential Contract are:
78.2.1 Fundamental Terms numbered:
(a) 39; (Permissible termination)
(b) 48 & 49; (Possession Claims)
(c) 57 & 58, (Variation) and
(d) 60 (Written Statement of Variation).
78.2.2 Supplemental Terms numbered:
(a) 3; (Periods when the dwelling is unfit for human habitation)
(b) 11; (Permitted occupiers who are not lodgers)
(c) 21; (Duty to notify landlord of defect or disrepair)
(d) 32;(Changes to the provision of utilities)
(e) 34; (Security of the dwelling – locks)
(f) 36; (Permitting Lodgers)
(g) 45 (repayment of rent and other consideration).
Additional Terms which will apply to the Potential Contract
Periods when the dwelling is unfit for human habitation (S)
79.1 You are not required to pay rent in respect of any day or part day during which the dwelling is unfit for human habitation.
Variation of rent (F+)
80.1 The landlord may vary the rent payable under this contract by giving you a notice setting out a new rent to take effect on the date specified in the notice.
80.2 The period between the day on which the notice is given to you and the specified date may not be less than two months.
80.3 Subject to that —
(a) the first notice may specify any date, and
(b) Subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect.
Variation of other consideration (F+)
81.1 Where consideration other than rent is payable under this contract, the amount of consideration may be varied —
(a) by agreement between the landlord and you, or
(b) by the landlord in accordance with paragraphs 77.2 to 77.4.
81.2 The landlord may give you a notice setting out a new amount of consideration to take effect on the date specified in the notice.
81.3 The period between the day on which the notice is given to you and the specified date may not be less than two months.
81.4 Subject to that —
(a) the first notice may specify any date, and
(b) subsequent notices must specify a date which is not less than one year after the last date on which a new amount of consideration took effect.
Permitted occupiers who are not lodgers or sub-holders (S)
You may permit persons who are not lodgers or sub-holders to live in the dwelling as a home.
Duty to notify landlord of defect or disrepair (S)
You must notify the landlord as soon as reasonably practicable of any fault, defect, damage or disrepair which you reasonably believe is the landlord’s responsibility.
83.2 Where you reasonably believe that any fault, defect, damage or disrepair to the fixtures and fittings or items listed in any inventory is not the landlord’s responsibility, you must, within a reasonable period of time, carry out repairs to such fixtures and fittings or other items listed in any inventory, or replace them.
83.3 The circumstances in which paragraph 79.2 of this term applies include where the fault, defect, damage or disrepair has occurred wholly or mainly because of an act or omission amounting to a lack of care by you, any permitted occupier or any person visiting the dwelling.
Changes to the provision of utilities to the dwelling (S)
You may change any of the suppliers to the dwelling of —
(a) electricity, gas or other fuel or water (including sewerage) services;
(b) telephone, internet, cable television or satellite television services.
84.2 You must inform the landlord as soon as reasonably practicable of any changes made pursuant to paragraph 80.1.
84.3 Unless the landlord consents, you must not —
(a) leave the dwelling at the end of the contract, without a supplier of electricity, gas or other fuel (if applicable) or water (including sewerage) services, unless these utilities were not present at the dwelling on the occupation date;
(b) install or remove, or arrange to have installed or removed, any specified service installations at the dwelling.
84.4 For the purposes of paragraph 80.3(b), “specified service installations” means an installation for the supply of water, gas, electricity or other fuel (if applicable) for sanitation, for space heating or for heating water.
Security of the dwelling – locks (S)
You must take reasonable steps to ensure the dwelling is secure.
85.2 You may change any lock on the external or internal doors of the dwelling provided that any such changes provide no less security than that previously in place.
85.3 If any change made under paragraph 81.2 results in a new key being needed to access the dwelling or any part of the dwelling, you must notify the landlord as soon as reasonably practicable of any change and make available to the landlord a working copy of the new key.
Permitting lodgers (S)
You must not allow persons to live in the dwelling as lodgers without the landlord’s consent.
Contract-holders’ obligations at the end of the contract (S)
When you vacate the dwelling at the end of this contract, you must —
remove from the dwelling all property belonging —
to you, or
to any permitted occupier who is not entitled to remain in occupation of the dwelling,
return any property belonging to the landlord to the position that property was in on the occupation date, and
return to the landlord all keys which enable access to the dwelling, which were held during the term of the contract by you or any permitted occupier who is not entitled to remain in occupation of the dwelling.
Repayment of rent or other consideration (S)
The landlord must repay, within a reasonable time of the end of this contract, to you any pre-paid rent or other consideration which relates to any period falling after the date on which this contract ends.
Withdrawal of a joint contract-holder (F+)
If you are a joint contract-holder, you may withdraw from this contract by giving a notice (a “withdrawal notice”) to the landlord.
The withdrawal notice must specify the date on which you intend to cease to be a party to this contract (the “withdrawal date”).
You must give a written warning to the other joint contract-holders when you give the withdrawal notice to the landlord; and a copy of the withdrawal notice must be attached to the warning.
The landlord must give a written warning to the other joint contract-holders as soon as reasonably practicable after the landlord receives the withdrawal notice; and a copy of the withdrawal notice must be attached to the warning.
You will cease to be a party to this contract on the withdrawal date.
A notice given to the landlord by one or more (but not all) of the joint contract-holders that purports to be a notice under term 91 (contract-holder’s notice to end contract) is to be treated as a withdrawal notice, and the date specified in the notice is to be treated as the withdrawal date.
Paragraph 85.3 does not apply to a notice which is treated as a withdrawal notice because of paragraph 85.6.
Withdrawal of a joint contract-holder – notice required (S)
The minimum time period between the date on which a notice under term 85 is given to the landlord, and the date specified in the notice, is one month.
Variation (F – except 87.1(a) which is F+)
This contract may not be varied except —
in accordance with term 76 (variation of rent), 77 (variation of other consideration), and 88 (variation of terms other than rent), or
93.1 by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers.
A variation of this contract (other than by or as a result of any enactment) must be in accordance with term 88.
Variation of terms other than rent (F+)
The fundamental terms, supplementary terms and additional terms of this contract may be varied by agreement between the landlord and you (subject to term 88).
Limitation on Variation (F)
The fundamental terms of this contract set out in paragraph 88.2, may not be varied (except by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers).
93.2 The fundamental terms to which paragraph 88.2 applies are:
93.2.1 term 6 (requirement to use deposit scheme),
93.2.2 term 8 (anti-social behaviour and other prohibited conduct),
93.2.3 term 38 (joint contract-holder ceasing to be a party to the occupation contract),
93.2.4 term 89 (permissible termination),
93.2.5 term 42 (death of sole contract-holder),
93.2.6 term 90 (possession claims),
93.2.7 terms 105 - 113 (further restrictions giving landlord's notice under term 97)
93.2.8 term 86.1(b) and 86.2 (variation) and
93.2.9 this term, and
93.2.10 term 64 (false statement - inducing landlord to make contract to be treated as breach of conduct).
93.3 A variation of any other fundamental term (other than by or as a result of an enactment such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers) is of no effect:
93.3.1 unless as a result of the variation:
(a) the fundamental provision which the term incorporates is incorporated without modification, or
(b) the fundamental provision which the term incorporates is not incorporated or is incorporated with modification, the effect of this is that your position is improved;
93.3.2 if the variation (regardless of whether it is within paragraph 88.3.1) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which paragraph 88.2 of this term applies.
93.4 A variation of a term of this contract is of no effect if it would render any term of this contract incompatible with a fundamental terms (unless that fundamental term is also varied in accordance with the term in a way that would avoid incompatibility)
93.5 Paragraph 88.4 of this term does not apply to a variation made by or as a result of an enactment.
Additional Termination Terms which apply to the Potential Contract only
(The parties termination rights in terms 42 to 42, 46, 47, 50 to 55 and term 64 will apply to the Potential Contract)
Permissible Termination etc. (F)
94.1 This contract may be ended only in accordance with —
(a) the fundamental terms of this contract which incorporate fundamental provisions set out in Part 9 of the Act, or other terms included in this contract in accordance with Part 9 these are terms 40 to 42, 46, 47, 50 to 55, term 64 and terms 89 - 114, or
(b) any enactment, such as an Act of Senedd Cymru or an Act of Parliament or regulations made by the Welsh Ministers.
94.2 Nothing in this term affects —
(a) any right of the landlord or contract-holder to rescind this contract, or
(b) the operation of the law of frustration.
Possession claims (F)
The landlord may make a claim to the court for recovery of possession of the dwelling from you (“a possession claim”) only in the circumstances set out in Chapters 3 and 5 of Part 9 of the Act which are set out in terms 46 to 55, term 64 and terms 93-114.
Possession notices (F+)
96.1 This term applies in relation to a possession notice which the landlord is required to give to you under any of the following terms before making a possession claim —
(a) term 51 (in relation to a breach of contract by a contract-holder);
(b) term 53 (in relation to estate management grounds);
(c) term 97 (in relation to a contract-holder’s notice);
(d) term 55 (in relation to serious rent arrears).
96.2 The notice must (in addition to specifying the ground on which the claim will be made) —
(a) state the landlord’s intention to make a possession claim,
(b) give particulars of the ground for seeking possession, and
(c) state the date after which the landlord is able to make a possession claim.
Contract-holder’s notice (F+)
You may end this contract by giving the landlord notice that you will give up possession of the dwelling on a date specified in the notice.
Contract-holder’s notice: minimum notice period (F+)
The date specified in a notice under term 93 may not be less than four weeks after the day on which the notice is given to the landlord.
Termination of contract on contract-holder’s notice (F+)
99.1 If you give up possession of the dwelling on or before the date specified in a notice under term 93, this contract ends on the date specified in the notice.
99.2 If you give up possession of the dwelling after that date but in connection with the notice, this contract ends —
(a) on the day on which you give up possession of the dwelling, or
(b) if an order for possession is made, on the date determined in accordance with term 56.
99.3 The notice ceases to have effect if, before this contract ends —
(a) you withdraw the notice by further notice to the landlord, and
(b) the landlord does not object to the withdrawal in writing before the end of a reasonable period.
Recovery of possession on the ground of a notice given under term 93 (contract-holder’s notice) (F+)
100.1 If you fail to give up possession of the dwelling on the date specified in a notice under term 93, the landlord may on that ground make a possession claim.
100.2 Section 215 of the Act provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on your Convention rights).
Restrictions on making a possession claim under term 93(F+)
101.1 Before making a possession claim on the ground in term 93 the landlord must give you a possession notice specifying that ground.
101.2 The landlord may make the possession claim on or after the day on which the landlord gives you the possession notice.
101.3 But the landlord may not make the possession claim after the end of the period of six months starting with that day.
101.4 The landlord may not give you a possession notice specifying the ground in term 93 after the end of the period of two months starting with the date specified in the notice under term 93 as the date on which you would give up possession of the dwelling.
Termination by the landlord: landlord's notice
Landlord's Notice (F+)
The landlord may end this contract by giving you notice that you must give up possession of the dwelling on a date specified in the notice.
Minimum Notice period (F+)
The date specified in any notice given under term 96 may not be less than six months after the day on which the notice is given to you.
Restrictions on giving further notices under term 98 (landlord's notice) (F+)
104.1 Paragraphs 100.2 and 100.3 apply where:
(a) a landlord has given you a notice under term 98 ("the first notice"), and
(b) the landlord has subsequently withdrawn the notice (see term 103.3)
104.2 The landlord may not give another notice under term 98 to you before the end of the period of six months starting with the day on which the first notice was withdrawn, other than in accordance with paragraph 100.3.
104.3 The landlord may give one more notice under term 98 to you during the period of 28 days starting with the day on which the first notice was given.
104.4 Paragraph 100.5 applies where:
(a) a landlord has given a contract-holder a notice under term 98, and
(b) the period for making a possession claim on the ground in term 101 has ended without the landlord having made a claim.
104.5 The landlord may not give another notice under term 98 to you before the end of the period of six months starting with the last day of the period before the end of which the landlord could have made the claim (see term 100.2).
Recovery of possession following a notice given under term 98(F+)
105.1 If the landlord gives you a notice under term 98, the landlord may on that ground make a possession claim.
105.2 Section 215 of the Act provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling, unless section 217 of the Act (retaliatory possession claims to avoid obligations to repair etc.) applies (and subject to any available defence based on your Convention rights).
Restriction on making a possession claim under term 101(F+)
106.1 The landlord may not make a possession claim on the ground in term 101:
(a) before the date specified in the notice given by the landlord to you under term 98, or
(b) after the end of the period of two months starting with that date.
Termination of contract following a notice given under term 98 (F+)
107.1 If you give up possession of the dwelling on or before the date specified in a notice under term 98, this contract ends on the date specified in the notice.
107.2 If you give up possession of the dwelling after that date but in connection with the notice, this contract ends:
(a) on the day on which you give up possession of the dwelling, or
(b) if an order for possession is made, on the date determined in accordance with term 56.
107.3 The notice ceases to have effect if:
(a) before the contract ends, and during the period of 28 days starting with the date on which the notice was given, the landlord withdraws the notice by giving further notice to you, or
(b) before this contract ends, and after the end of the period of 28 days starting with day on which the notice was given:
(i) the landlord withdraws the notice by giving further notice to you, and
(ii) you do not object to the withdrawal in writing before the end of a reasonable period.
Termination by the landlord: restriction on giving a landlord's notice
Restrictions on giving notice under term 98: notice may not be given until after the first six months of occupation (F+)
108.1 The landlord may not give notice under term 98 before the end of the period of six months starting with the occupation date of this contract.
108.2 If this contract is a substitute occupation contract, the landlord may not give such notice under term 98 before the end of the period of six months starting with the occupation date of the original contract.
108.3 For the purposes of paragraph 104.2:
(a) an occupation contract is a substitute occupation contract if:
(i) the occupation date of this contract falls immediately after the end of a preceding occupation contract,
(ii) immediately before the occupation date of this contract a contract-holder under this contract was a contract-holder under the preceding contract and a landlord under this contract was a landlord under the preceding contract, and
(iii) this contract relates to the same (or substantially the same) dwelling as the preceding contract, and
(b) "original contract" means:
(i) where the substitute occupation contract has an occupation date falling immediately after the end of a contract which is not a substitute occupation contract, the occupation contract which precedes the substitute occupation contract;
(ii) where there have been successive substitute occupation contracts, the occupation contract which preceded the first of the substitute occupation contracts.
Guidance Note: The Potential Contract will be a substitute contract under term 38.
Restriction on giving notice under term 98 following retaliatory possession claim (F+)
109.1 Paragraph 105.2 applies where:
(a) (a) the landlord (having given you a notice under term 98) has made a possession claim on the ground in term 101, and
(b) (b) the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217 of the Act).
109.2 The landlord may not give another notice under term 98 to you before the end of the period of six months starting with the day on which the court refused to make an order for possession.
Further restrictions on giving notice under term 98- failure to provide written statement (F)
110.1 The landlord may not give notice under term 98 at a time when:
(a) you have not been given a written statement of the contract under term 59.1 (requirement to provide written statement at the start of a contract), or
(b) the landlord is aware that the identity of the contract-holder has changed, and the new contract-holder has not been given a written statement of the contract under term 59.2.
Guidance Note: As the terms of the Potential Contract are set out in the fixed term standard contract, the landlord is not required to serve a further written statement of contract as provided by Section 185 (2) of the Act.
Restriction on giving notice under term 98 – late provision of written statement (F)
If the landlord has failed to comply with terms 59.1 and 59.2(the duty to provide written statement of contract), the landlord may not give notice under term 98 during the period of six months starting with the day on which the landlord gave a written statement of this contract to you.
Restriction on giving notice under term 98 – failure to provide information about landlord (F)
The landlord may not give notice under term 98 at a time when the landlord has not provided a notice in accordance with the landlord’s duty to provide information under term 61 (duty to provide information about landlord).
Restriction on giving notice under term 98 – failure to provide a valid energy performance certificate (F)
113.1 The landlord may not give notice under term 98 at a time when the landlord has not complied with regulation 6(5) of the EPB Regulations.
113.2 For the purposes of this term, it does not matter when the valid energy performance certificate was given (and nothing in this paragraph requires that a new energy performance certificate be given to you when a certificate given to you in compliance with that regulation ceases to be valid under the EPB Regulations).
113.3 In this term:
"the EPB Regulations" ("y Rheoliadau PYA") means the Energy Performance of Buildings (England and Wales) Regulations 2012;
"valid energy performance certificate" ("tystysgrif perfformiad ynni ddilys") is to be interpreted in accordance with the EPB Regulations.
Restriction on giving notice under term 98 – breach of security and deposit requirements (F)
114.1 The landlord may not give notice under term 98 at a time when security required by the landlord in connection with the contract in a form not permitted by term 5 has not been returned to the person by whom it was given.
114.2 The landlord may not give a notice under term 98 at a time when any of terms 1.3 to 110.5 apply unless:
(a) a deposit paid in connection with this contract has been returned to you (or any person who paid the deposit on your behalf) either in full or with such deduction as may have been agreed, or
(b) an application to the county court has been made under paragraph 2 of Schedule 5 to the Act and has been determined by the county court, withdrawn, or settled by agreement between the parties.
114.3 This paragraph applies if a deposit has been paid in connection with this contract but the initial requirements of an authorised deposit scheme have not been complied with.
114.4 This paragraph applies if a deposit has been paid in connection with this contract but the landlord has not provided the information required by term 6.2.2.
114.5 This paragraph applies if a deposit paid in connection with this contract is not being held in accordance with an authorised deposit scheme.
Restriction on giving notice under term 98 – prohibited payments and holding deposits under the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) (F)
115.1 The landlord may not give a notice under term 98 at a time when:
(a) a prohibited payment (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) has been made in relation to this contract as described in section 2 or 3 of that Act, and
(b) that prohibited payment has not been repaid
115.2 The landlord may not give a notice at a time when:
(a) a holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) paid in relation to this contract has not been repaid, and
(b) the circumstances are such that the failure to repay the deposit amounts to a breach of the requirements of Schedule 2 to that Act.
115.3 In determining for the purposes of this term whether a prohibited payment or a holding deposit has been repaid, the payment or deposit is to be treated as having been repaid to the extent (if any) that it has been applied towards either or both of the following:
(a) a payment of rent under this contract;
(b) a payment required as security in respect of this contract.
Restriction on giving notice under term 98 – failure to ensure that working smoke alarms and carbon monoxide alarms are installed (F)
116.1 The landlord may not give notice under term 98 at a time when:
(a) the dwelling is treated as unfit for human habitation by virtue of regulation 5(3) of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (failure to ensure that working smoke alarms and, in certain circumstances, carbon monoxide alarms are installed in a dwelling), and
(b) as a result, the landlord is required under Part 4 of the Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation.
Restriction on giving notice under term 98 – failure to supply electrical condition report etc. (F)
117.1 The landlord may not give notice under term 98 at a time when:
(a) the dwelling is treated as unfit for human habitation by virtue of regulation 6(6) of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (failure to obtain an electrical condition report, or to give the contract-holder such a report or written confirmation of certain other electrical work), and
(b) as a result, the landlord is required under Part 4 of the Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation.
Restriction on giving notice under term 98 – failure to provide gas safety report to contract-holder (F)
118.1 The landlord may not give notice under term 98 at a time when the landlord has not complied with regulation 36(6) or (as the case may be) (7) of the Gas Safety Regulations (requirement to provide or display report on safety etc. of gas installations).
118.2 For the purposes of paragraph 114.1, a landlord who has not complied with regulation 36(6) or (7) of the Gas Safety Regulations is to be treated as in compliance with the provision in question at any time when:
(a) the landlord has ensured that you have been given, or (as the case may be) there is displayed in a prominent position in the dwelling, a copy of the applicable gas safety record, and
(b) that record is valid.
118.3 For the purposes of paragraph 114.2, a gas safety record is valid until the end of the period within which the appliance or flue to which the record relates is required, under the Gas Safety Regulations, to again be subjected to a check for safety.
118.4 In this term:
"check for safety" ("gwiriad diogelwch") means a check for safety carried out in accordance with regulation 36(3) of the Gas Safety Regulations;
"gas safety record" ("cofnod diogelwch nwy") means a record made pursuant to the requirements of regulation 36(3)(c) of the Gas Safety Regulations;
"Gas Safety Regulations" ("y Rheoliadau Diogelwch Nwy") means the Gas Safety (Installation and Use) Regulations 1998
119 Written Statement of Variation (F+)
119.1 If this contract is varied the landlord must, before the end of the relevant period, give you —
119.1.1 a written statement of the term or terms varied, or
119.1.2 a written statement of the occupation contract as varied,
119.1.3 unless the landlord has given notice of the variation in accordance with term 75 (variation of rent), or term 76(2) to (4) (variation of other consideration).
119.2 The relevant period is the period of 14 days starting with the day on which this contract is varied.
119.3 The landlord may not charge a fee for providing a written statement under paragraph (1) of this term
ANNEX See term 50
ESTATE MANAGEMENT GROUNDS
REDEVELOPMENT GROUNDS
Ground A (building works)
1 The landlord intends, within a reasonable time of obtaining possession of the dwelling—
1.1 to demolish or reconstruct the building or part of the building comprising the dwelling, or
1.2 to carry out work on that building or on land treated as part of the dwelling, and cannot reasonably do so without obtaining possession of the dwelling.
Ground B (redevelopment schemes)
2.1 This ground arises if the dwelling satisfies the first condition or the second condition.
2.1.1 The first condition is that the dwelling is in an area which is the subject of a redevelopment scheme approved in accordance with Part 2 of Schedule 8 to the Act, and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling in accordance with the scheme.
2.1.2 The second condition is that part of the dwelling is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme, and for that purpose reasonably requires possession of the dwelling.
SPECIAL ACCOMMODATION GROUNDS
Ground C (charities)
3.1 The landlord is a charity and the contract-holder's continued occupation of the dwelling would conflict with the objects of the charity.
3.2 But this ground is not available to the landlord ("L") unless, at the time the contract was made and at all times after that, the person in the position of landlord (whether L or another person) has been a charity.
3.3 In this paragraph, "charity" has the same meaning as in the Charities Act 2011 (see section 1 of that Act).
Ground D (dwelling suitable for disabled people)
4 The dwelling has features which are substantially different from those of ordinary dwellings and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling and:
4.1 there is no longer such a person living in the dwelling, and
4.2 the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person's family).
Ground E (housing associations and housing trusts: people difficult to house)
5.1 The landlord is a housing association or housing trust which makes dwellings available only for occupation (whether alone or with others) by people who are difficult to house, and:
5.1.1 either there is no longer such a person living in the dwelling or a local housing authority has offered the contract-holder a right to occupy another dwelling under a secure contract, and
5.1.2 the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person's family).
5.2 A person is difficult to house if that person's circumstances (other than financial circumstances) make it especially difficult for him or her to satisfy his or her need for housing.
Ground F (groups of dwellings for people with special needs)
6 The dwelling constitutes part of a group of dwellings which it is the practice of the landlord to make available for occupation by persons with special needs and:
6.1 a social service or special facility is provided in close proximity to the group of dwellings in order to assist persons with those special needs,
6.2 there is no longer a person with those special needs living in the dwelling, and
6.3 the landlord requires the dwelling for occupation by a person who has those special needs (whether alone or with members of his or her family).
UNDER-OCCUPATION GROUNDS
Ground G (reserve successors)
7 The contract-holder succeeded to the occupation contract under section 73 of the Act as a reserve successor (see sections 76 and 77 of the Act), and the accommodation comprised in the dwelling is more extensive than is reasonably required by the contract-holder.
Ground H (joint contract-holders)
8.1 This ground arises if the first condition and the second condition are met.
8.2 The first condition is that a joint contract-holder's rights and obligations under the contract have been ended in accordance with:
8.2.1 section 138 (withdrawal) of the Act, or
8.2.2 section 225, 227 or 230 (exclusion) of the Act.
8.3 The second condition is that:
8.3.1 the accommodation comprised in the dwelling is more extensive than is reasonably required by the remaining contract-holder (or contract-holders), or
8.3.2 where the landlord is a community landlord, the remaining contract-holder does not (or the remaining contract-holders do not) meet the landlord's criteria for the allocation of housing accommodation.
OTHER ESTATE MANAGEMENT REASONS
Ground I (other estate management reasons)
9.1 This ground arises where it is desirable for some other substantial estate management reason that the landlord should obtain possession of the dwelling.
9.2 An estate management reason may, in particular, relate to:
9.2.1 all or part of the dwelling, or
9.2.2 any other premises of the landlord to which the dwelling is connected, whether by reason of proximity or the purposes for which they are used, or in any other manner.