Section 4: Accommodation Agreement
LICENCE AGREEMENT FOR THE ACADEMIC YEAR 2020-2021
Between The Warden and Fellows of Merton College (‘the College’) and the Junior Member (‘the Licensee’)
|Accommodation||A single room or en suite room to be allocated to the Licensee by the College|
The fixtures, fittings and equipment in the Accommodation as specified in section 16 of the College Handbook
For Licensees who are undergraduates:
11 October 2020 to 5 December 2020
17 January 2021 to 13 March 202125 April 2021 to 19 June 2021
For Licensees who are graduates and second BA students:
1 October 2020 to 31 July 2021
All accommodation is offered contingent on the occupant remaining a current junior member of the University and College. If this status ceases then the accommodation must be vacated immediately.
If the occupant completes their course prior to 31 July, they must vacate immediately. If four weeks’ advance notice in writing is received by the Domestic Bursar a refund may be given for early departure as per Section 4, Item 3 (a) of this agreement.
|Charges||For the Accommodation Period:
For all Licensees who are undergraduates £3,879 for a single room or £4,110 for an en suite room payable in 3 equal instalments in advance on or before the Payment Dates. This sum includes the price of the Services and 1,000 units of electricity supplied during each academic term. Electricity over 1,000 units supplied to the Accommodation during each academic term will in addition be charged at 8p per unit.
For all Licensees who are graduates or second BA students £6,243 payable in 3 equal instalments in advance on or before the Payment Dates. This sum includes the price of the Services and 1,000 units of electricity supplied during each academic term. Electricity over 1,000 units supplied to the Accommodation during each academic term will in addition be charged at 8p per unit.
For the Vacation Period:
For all Licensees who are undergraduates £22.17 per day for a single room or £23.49 per day for an en suite room.
For Licensees who are graduates or second BA students, no charge will be made for the vacation period for the licence period 1 October 2020 to 31 July 2021.
For Licensees who are graduates or second BA students, no charge will be made for the Christmas and Easter vacations for the licence period 1 October 2020 to 31 July 2021, while they hold current student status.
|College Contents||The fixtures, fittings and equipment at Merton College which are for use by Licensees but which are not allocated to the Accommodation|
|College Handbook||The publication entitled ‘Merton College Handbook for Junior Members’|
|Contents||The Accommodation Contents and the College Contents|
|Common Parts||Any shared facility such as kitchen, bathroom, common or other room allocated to the Accommodation and those parts of Merton College’s property which are necessary for the purpose of gaining access to the Accommodation|
|Designated Days||The days designated for cleaning of the Accommodation by College staff in accordance with the published cleaning schedules|
Merton College, Oxford, OX1 4JD and all buildings deployed by the College to accommodate junior members
Friday 16 October 2020
Friday 22 January 2021
Friday 30 April 2021
The terms ‘junior member’, ‘undergraduate’, ‘graduate’, ‘second BA student’ and ‘term’ will have the meanings defined in sections 1 and 2 of the College Handbook.
This Agreement is not intended to confer exclusive possession on the Licensee or to create the relationship of Landlord and Tenant between the parties. The Licensee shall not be entitled to any tenancy, or to any assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988, or to any other statutory security of tenure now or upon the determination of the Licence.
The College agrees to provide the Accommodation and the Licensee agrees to occupy the Accommodation on the conditions set out in this Agreement and in the College Handbook.
- To pay the Charges to the College in advance on or before the Payment Dates.
- To check the Accommodation and Contents and report any problems to the College’s Domestic Bursar within seven days of the start of the Accommodation Period.
- To keep the Accommodation and the Accommodation Contents in a clean and tidy condition and not to damage them nor to damage the College Contents and Common Parts.
- At the end of the Accommodation Period and, in the case of Licensees who are undergraduates, on 5 December 2020 and 13 March 2021 to leave the Accommodation in a clean and tidy condition and clear of all rubbish and personal belongings and to return to the College the keys to the Accommodation.
- To allow the College, at reasonable times and after giving reasonable notice, to enter the Accommodation for the purpose of viewing, inspection, maintenance or repair. No notice will be given in an emergency, for routine cleaning on the Designated Days, or where the need for repair or any other matter affecting the suitability of the Accommodation for habitation was reported by the Licensee, but otherwise the College will endeavour to give seven days' prior notice for planned maintenance work and 24 hours' prior notice for other purposes.
- To comply with all applicable legislation to avoid the actions or negligence of the Licensee having an adverse effect on the College or The University of Oxford or on the owners or occupiers of nearby property.
- To comply with the Regulations of The University of Oxford and with the Regulations in the College Handbook.
- To report to the Head of Conference and Accommodation any damage or want of repair at the College or failure of the Services as soon as reasonably practicable and in any event within 24 hours of becoming aware of it.
- To pay to the College all costs reasonably incurred in enforcing the Licensee’s obligations in this agreement or arising from a breach of them including an administration charge of £30 and compound interest at the rate of 2% above the prevailing UK base interest rate for each day payment of Charges is overdue.
- Promptly to send to the College’s Domestic Bursar a copy of any communication the Licensee receives which is likely to affect the College or the Accommodation.
- Not to alter, add to or do anything which may cause damage to the electrical installation or equipment in Merton College or which may be a fire risk or in any other way put the health and safety or security of others or the College’s or other people’s property. Any portable electrical appliance must comply with the Regulations contained in the College Handbook section 46. The Licensee must within three days of request either provide a safety certificate for, or remove from the College, any appliance which in the College’s reasonable opinion is unsafe, otherwise the College may remove it without further notice to the Licensee, charge any storage costs to the Licensee, and return it to the Licensee at the end of the Accommodation Period.
- If the Accommodation is on the ground or first floor, not to leave the Accommodation unoccupied without first closing and locking the window and not at any time to leave the Accommodation unoccupied without locking the door, and not to leave open any door to the Common Parts or any door or gate providing access to Merton College (other than those at the main entrances to Merton College adjacent to the Porter's Lodge).
- To comply with the University of Oxford’s Environmental Sustainability Policy and in particular to take reasonable steps to avoid wasting fuel by turning off lights and electrical equipment when not in use, or water and to participate in any waste recycling schemes operated by the College or by others.
- Not to put anything harmful, or which is likely to cause blockage, in any pipes or drains.
- Not to remove from, affix to, change, damage or attempt to repair the structure or decorative finish of any part of Merton College or the Contents.
- Not to move furniture from the Accommodation into communal areas or another member’s Accommodation, nor to bring additional furniture into Merton College without the prior written consent of the College’s Domestic Bursar. Sofas, inflatable mattresses, hammocks, futons or any portable beds, etc are not permitted.
- Not to use the Accommodation for any purpose other than as a study bedroom, or as a study and a bedroom where the Accommodation is a set of rooms.
- Not to share the use of the Accommodation or allow any person to use it or sleep in it. Occasional overnight visitors are permitted to reside in guest rooms on the conditions set out in the College Handbook section 16. Unaccompanied visitors will not be admitted to Merton College after 10:30pm or before 7:30am.
- Not to cause any nuisance, offence, disruption, harassment or persistent disturbance to others.
- Not to add to or change the telephone services or the information technology services installation to the Accommodation.
- Not to bring into Merton College any animal (including any bird, fish or insect) unless it is an aid for a person with a disability. The junior member is requested to notify the College’s Domestic Bursar in advance if an assistance animal is needed at Merton College, as adjustments may need to be made to accommodate it. Licensees will be responsible for the proper care and control of assistance animals and any damage or nuisance which an animal causes.
- Not to keep any vehicle or vehicle parts in any part of Merton College other than bicycles in the designated cycle storage areas, or mobility assistance vehicles, and not to ride or drive any vehicle in Merton College unless it is a mobility assistance vehicle. Users of mobility assistance vehicles are requested to contact the College's Domestic Bursar in advance as the College may need to make reasonable adjustments to accommodate it without imposing any obligation on the College if the vehicle cannot reasonably be accommodated.
- Not to cause any obstruction of the common parts or to render inoperative any door designed as a fire door.
- Where the Licensee becomes aware of damage to the College caused by an intruder, to report the incident to the Porter's Lodge immediately or as soon as reasonably practicable.
- To provide the Services, subject to regulations and undertakings in the College’s Handbook section 16 which include reporting procedures and response times for repairs, details of arrangements for refuse collection and expected clearance times for ice, snow and leaves from Merton College grounds.
- Except in the case of an emergency or serious disrepair, for disrepair reported by the Licensee or other matter preventing the Accommodation from being used and for cleaning on designated days to give the Licensee at least seven days’ notice prior to entering the Accommodation during term-time for planned maintenance work and 24 hours’ prior notice for other purposes.
- Not to interrupt the Licensee’s use of the Accommodation more than is reasonably necessary.
- Not to disclose personal information obtained from the Licensee except as permitted by clause 3.2 of this agreement or where there is serious risk of harm to the Licensee or to others or the College’s property.
- To make available to the Licensee for inspection where necessary by prior arrangement with the College’s Domestic Bursar the College’s risk assessments with respect to Merton College, the Accommodation and/or Common Parts and the College’s Portable Appliance Testing procedures.Merton College is affiliated with The Universities UK Code of Practice for the Management of Student Housing. The Code outlines what you should expect from your College accommodation and your responsibilities as tenants.
- To give a receipt for any of the Licensee’s property which is removed under the terms of this agreement.
- To ensure security staff are clearly identified, and that any member of staff or contractor requiring access to the Accommodation carries, and allows the Licensee to inspect, appropriate identification documents.
- To maintain any kitchen facilities provided for the use of the Licensee in good order and repair, and keep any equipment there in proper working order.
- To ensure clear and appropriate instructions for use are given for any equipment which the Licensee needs to operate in the College.
- The Licensee is responsible for the conduct of any person invited by her or him to the Accommodation or the College.
- The Licensee acknowledges that the College may use her or his personal data in connection with this agreement, including to facilitate debt recovery, crime prevention and all matters arising from the Licensee’s membership of the College and The University of Oxford.
- The College’s liability for loss or damage to person or property is excluded unless the loss or damage is caused by the College’s negligence or breach of its obligations in this agreement and personal belongings left at the College are at the Licensee’s own risk.
- The College is not liable to repair any damage caused by the Licensee unless the cost is met by insurance or by the Licensee any excess on the policy being payable by the Licensee. This clause shall not apply where the College has an overriding statutory obligation to make the College safe.
- The College may temporarily suspend use of the Common Parts if they are not kept in a clean and tidy condition by the Licensees using them
- This agreement does not affect the disciplinary powers of the College or of the University of Oxford (see www.admin.ox.ac.uk/statutes/352-051.shtml).
- The College is entitled, at the Licensee’s expense, to remove from the Accommodation or the Common Parts any article which constitutes an obstruction or a fire or health or safety risk but unless perishable will if requested return it to the Licensee on the termination of this agreement. The College is further entitled, at the Licensee’s expense, to remove any item left in College by the Licensee at the end of the Accommodation Period. The College shall not be obliged to return any item to the Licensee but shall be entitled to dispose of it in any way that the College thinks fit whether the item has value or not. Should any such item have value and be sold the Licensee agrees to the College retaining the proceeds of sale for the College’s use.
- Save in the case of emergency, notices under this agreement must be in writing. Notices, other than notice to terminate this agreement given to the College’s Domestic Bursar, may be given by email. Notices in writing given to the Licensee will be placed in the Licencee’s mail box in the Merton Street Lodge. If the College has reason to believe that such notice will not come to the Licensee’s notice within seven days’ notice will also be sent by post to the home address given to the College by the Licensee. Where the address is within the United Kingdom service shall be deemed to be effected seven days after posting whether received or not.
- This agreement is not intended to confer any benefit to anyone who is not party to it.
- This agreement and the policies referred to in it and in the College Handbook contain all the terms agreed to by the College and the Licensee at the time it comes into effect and any variation to the terms will only be effective if agreed between the Licensee and the College’s Domestic Bursar. The College will confirm any agreed variation to the Licensee in writing at the time the variation is made.
- Unless the Licensee has made arrangements with the College’s Domestic Bursar for late arrival this Accommodation agreement will automatically terminate if the Licensee has not taken up residence by the first day of the Accommodation Period.
- The College may terminate this Licence agreement at any time if:
- Any payment is overdue by 21 days or more unless the Licensee has secured the permission of the College’s Domestic Bursar to defer payment in accordance with the procedures described in section 48 of the College Handbook or
- The Licensee is in serious or persistent breach of any of his or her obligations in this agreement or
- The Licensee does not have status as a junior member of the College or as a member of the University of Oxford or
- In the reasonable opinion of the College the health or behaviour of the Licensee constitutes a serious risk to herself or himself or others or the College’s or other people’s property
- The Licensee may only terminate this Agreement in accordance with this clause, and will remain liable for the Charges until:
- The Licensee has given four weeks’ notice to the College’s Domestic Bursar that she or he wishes to leave and
- The Licensee makes payment for, or puts right, to the College’s reasonable satisfaction any breach of his or her obligations in this Agreement.
- If this Agreement is terminated by either the College or the Licensee the College will refund a fair proportion of pre-paid Charges (after making any proper deductions to cover its losses) as soon as possible after the termination becomes effective.
- The College reserves the right to relocate the Licensee to comparable alternative accommodation where it is reasonable to do so but unless the reason for relocation is because the junior member is in breach of one or more of their obligations in this Agreement the junior member will have the right to terminate this Agreement without having to comply with the conditions in clause 4.3 as an alternative to relocating.
- The College’s acceptance of the keys at any time shall not in itself be effective to terminate this Agreement.
- Undergraduates may reside in their Accommodation during the Vacation Period only on the terms described in section 43 of the College Handbook.
- Graduates and second BA students may reside in their Accommodation during the Christmas and Easter vacation periods as these vacations are included within the Graduate Accommodation Period and charges.
If departing during the Vacation Period, the date of departure should be advised at the earliest possible time to the Head of Conference and Accommodation by email.
- The College reserves the right to allocate alternative Accommodation for the purpose of residence during the Vacation Period.
- The College aims to make the Accommodation clean and serviceable prior to the first day of each Accommodation Period.
- Charges for periods of residence during the Vacation Period will be payable on the next Payment Date or on or before 30 September in the year they are incurred if later.