Accommodation Agreement

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

3.1. If the Resident is under 18 years of age at the Commencement Date:

(a) the Resident must arrange a guarantor over 18 years of age to provide the University with proof of identity and a guarantee in a form as directed by the University; and

(b) this Agreement will only become valid and binding on the University from the Commencement Date if the proof of identity and guarantee referred to in clause 1(a) has been submitted to the University.

3.2 When the Resident reaches 18 years of age, the Resident or the University may request that the Resident enter into a new accommodation agreement on comparable terms to this Agreement, and if such agreement is executed by the Resident, then this Agreement will terminate on the commencement date of that new agreement.

4.1. The Resident warrants that they:

(a) are a Student on and from the Move-in Date; and

(b) will remain a Student for the entire Residency Period.

4.2 The Resident acknowledges that the University has relied on the warranty in clause 1 in entering into this Agreement.

4.3 The Resident must achieve a final subject grade of “pass” or higher in at least 50% of subjects that the Resident is enrolled in, each Session, to remain eligible to occupy the Room.

4.4 The Resident must notify the University in writing within 3 business days if, at any time during the Residency Period, the Resident does not meet the requirements specified in clauses 1 or 4.3, and the University may then terminate this Agreement by providing the Resident with 28 days’ written notice.

4.5 If the Resident does not comply with clause 4, the University may terminate this Agreement by providing the Resident with 28 days’ written notice.

4.6 By entering into this Agreement, the Resident authorises the University or its delegate to access the Resident’s enrolment details and academic records for the purposes of ensuring the Resident meets the requirements specified in this clause 4. The Resident agrees that the University or its delegate is not required to obtain any further approval from the Resident to access this information.

5.1. The University grants to the Resident a licence to occupy the Room, and to non-exclusive use of Shared Facilities (if applicable) and Common Facilities, during the Residency Period, subject to the Resident’s compliance with the terms of this Agreement.

5.2 The licence granted at clause 1:

(a) is personal to the Resident and must not be assigned, transferred or sub-licensed by the Resident; and

(b) is not a lease, does not give the Resident any rights as a tenant of any part of the Residence (including the Room) or create the relationship of landlord and tenant between the parties.

5.3 The Resident acknowledges that the legal possession and control of the Room remains at all times with the University.

6.1 The Resident is entitled to occupy the Room from 2pm on the Move-in Date, for the duration of the Residency Period, subject to the terms of this Agreement.

6.2 Wherever possible, the University will take into consideration room preferences specified by the Resident when allocating rooms, however these preferences cannot be guaranteed and room allocation is at the absolute discretion of the University.

6.3 The University reserves the right to relocate the Resident to another room of no lesser standard in any University residence, on a temporary basis or until the End Date, in the following situations:

(a) by giving the Resident a minimum of 7 days’ prior written notice:

(i) for repair and maintenance purposes;
(ii) to address difficulties between the residents;
(iii) for reasons of student safety, health or welfare;
(iv) for trade, conference or other promotional purposes; or
(v) during the Summer Period; and/or

(b) with immediate notice:

(i) in an actual or suspected Emergency; or
(ii) if the Resident is subject to an investigation or disciplinary procedures, or to give effect to an urgent suspension of an access right imposed, under the Student Conduct in Residences Policy, Student Conduct Rules or Campus Access and Order Rules.

6.4 When relocating the Resident for the purposes of clause 3, the University may relocate the Resident to off-campus accommodation on a temporary basis.

6.5 If the University provides the Resident with notice to relocate under this clause 6 or 5, and the Resident:

(a) fails to relocate or vacate the Room by the date specified by the University;
(b) occupies an alternative room without the University’s written consent; or
(c) fails to return to the Room after a temporary relocation by the date specified by the University,

then the University may:

(d) move the Resident’s possessions to the alternative room or to storage (Other Fees may apply);
(e) charge the Resident an additional Accommodation Fee for the additional room occupied until that room is fully vacated; and/or
(f) issue a written notice directing the Resident to rectify the non-compliance within the time period specified in that notice, and if the Resident fails to comply, the University may immediately terminate this Agreement.

6.6 If relocation under clauses 3 is temporary (as notified by the University) there will be no adjustment to the Accommodation Fee.

6.7 If relocation under clauses 3, 6.8 or 9.5 is for the remainder of the Residency Period (as notified by the University):

(a) the new room and room type (if applicable) will become the Room and Room Type for the purposes of this Agreement; and

(b) if the amount payable for that room type, under Schedule 1, is less than the existing Accommodation Fee, the lesser accommodation fee will become the new Accommodation Fee for the purposes of this Agreement.

6.8 The Resident may submit a written request to the University to be transferred to an alternate room, including at a different residence, after occupying the Room for at least 6 weeks. If the request is approved by the University, the Resident will be required to pay the Transfer Fee specified at Schedule 1, prior to transferring to the newly allocated room.

7.1 Non-arrival

If the Resident does not take occupancy of the Room within 7 days of the Move-in Date, the University will issue the Resident with a notice of non-arrival. If the Resident does not take occupancy of the Room or respond to the University within a further 7 days from the date of that notice, the University may immediately terminate this Agreement, and no refunds will be paid to the Resident.

7.2 Early arrival

If the Resident wishes to occupy the Room before 2pm on the Move-In Date, the Resident must submit a written request to the University providing at least 5 days’ notice, and the University may in its absolute discretion approve or reject the request.

7.3 If an early arrival request is approved by the University under clause 2, then:

(a) for the period of early arrival up to the Move-in Date, the Resident must pay an additional Accommodation Fee on a pro-rata basis;

(b) if the Resident is offered and agrees to occupy a room other than the Room Type specified in the Accommodation Offer, with a higher accommodation fee, the Resident must pay the higher accommodation fee specified in Schedule 1 on a pro-rata basis;

(c) if the University notifies the Resident to vacate the alternative room by a certain time on the Move-in Date and relocate to the Room, and the Resident does not comply, clause 5 will apply; and

(d) the early arrival date will become the Move-in Date for the purposes of this Agreement.

7.4 Condition report

Within 2-days of the Move-in Date, the Resident must complete, sign and return the Condition Report to the University and must log any maintenance requests via the Accommodation Portal.

7.5 If the resident fails to submit the Condition Report within 2 days of the Move-in Date, or does not identify existing damage or missing items in the Condition Report, the Resident will be taken to have agreed that all items in the Room and/or Shared Facilities have been included and are in good condition.

8.1 The Resident must allow the University to have access to the Room and Shared Facilities (if applicable) at reasonable times and with reasonable notice (unless it is not reasonably practical to give notice in the circumstances) to:

(a) clean, make repairs or respond to maintenance requests;

(b) conduct Room inspections;

(c) ensure that health, safety and fire regulations are maintained;

(d) issue notices or memos; and

(e) fulfill any other obligation of the University specified under this Agreement.

8.2 The Resident must allow the University to have access to the Room and Shared Facilities (if applicable), without notice, if:

(a) there is in an actual or suspected Emergency; or

(b) in the reasonable opinion of the University, the Resident or any other person in the Room or Shared Facilities is causing a disturbance or nuisance.

8.3 The University reserves the right to access Common Facilities without prior notice for any purpose including cleaning, general repairs and maintenance, in an actual or suspected Emergency, to undertake inspections, renovation and construction projects, or as required to prevent or assess potential damage to the Residence, and the Resident must not impede such access.

This section 9 applies if the Residence specified in the Accommodation Offer is Bangalay or Graduate House

Occupancy and Access Requirements

9.1 The Resident must meet the Occupancy Requirements for the Room, specified in Schedule 1.

9.2 Prior to the Move-in Date, the Resident must register and have all Family Members approved by the University.

9.3 Family Members registered with and approved by the University must reside in the Room with the Resident on a full-time basis.

9.4 The Resident must update the University in writing within 7 days if the Resident no longer meets the Occupancy Requirements.

9.5 If the Resident does not meet the Occupancy Requirements:

(a) the University may relocate the Resident and their Family Members (if applicable) to a different room type, subject to availability, and clause 7 will apply; or

(b) either party may terminate the Agreement by providing 14 days’ written notice.

9.6 The Resident must not allow a Family Member who has been issued with a Termination of Licence with access to the Residence, or the University may terminate this Agreement under clause 2.

Supervision of children

9.7 The Resident must ensure that any Family Members or Visitors who are children (under the age of 18 years) are appropriately supervised by the Resident or another adult (over the age of 18 years) at all times at the Residence and on University grounds, including in all common areas and playgrounds.

9.8 The Resident must not allow a child to use their access keys, swipe cards or security devices.

9.9 The University may take any action it deems to be reasonably appropriate if there is an actual or suspected Emergency or a child at the Residence is unsupervised or is causing disruption to staff or other residents. As set out in the University’s Child Protection Policy, the University may be required to report unsafe behaviour or concerns for a child’s welfare to external authorities and to share Personal Information about the Resident or their Family Members in that process.

10.1 The Resident must not allow a Visitor who has been issued with a Termination of Licence with access to the Residence, or the University may terminate this Agreement under clause 2.

10.2 Visitors are not permitted to stay overnight in a twin share room type.

10.3 Subject to clauses 2 and 10.4, the Resident may have a maximum of one Visitor stay in their Room without charge at any given time for no longer than 2 consecutive nights in any calendar month.

10.4 The Resident may seek written approval of the Senior Manager for a Visitor to stay in their Room for longer than 2 consecutive nights (up to a maximum of 4 consecutive nights) in a calendar month. The University will only approve such requests in exceptional circumstances. If approved, the Resident will be charged an additional Accommodation Fee on a pro-rata basis for each night the Visitor occupies the Room after the first 2 consecutive nights, and the University may require the Resident to relocate to an alternate room, at the absolute discretion of the University, for the duration of the Visitor’s stay.

10.5 If the University is of the reasonable opinion that a Visitor is not complying with this clause 10 or the Residence Rules, including creating a disturbance, the University may:

(a) direct the Visitor to immediately leave the Residence and/or escort the Visitor from the Residence;

(b) escalate the matter to security and/or police; and/or

(c) if the Visitor has stayed in excess of two consecutive nights without the University’s written permission, charge the Resident a daily rate for those additional nights.

11.1 The Resident must pay:

(a) the Acceptance and Service Fee at the time of Acceptance;

(b) the Accommodation Fee, fortnightly in advance, for the full duration of Residency Period;

(c) the Extra Fees, in accordance with clause 2;

(d) the Other Fees specified in Schedule 1, as applicable, by the due date specified by the University (including after the End Date);

(e) any other fees due and payable under this Agreement; and

(f) all fees by the method nominated by the University (which may include Bpay, credit card or electronic funds transfer).

11.2 The Resident may request the following additional items, and if approved by the University, the Resident must pay the Extra Fees specified in Schedule 1, by the due date specified by the University:

(a) a parking permit (parking permits are limited and will be allocated via a ballot process); and/or

(b) a linen pack.

11.3 Where the Room Type is a shared-room, or the Resident has access to Shared Facilities, the Resident is jointly responsible, with the other residents occupying that Room or Shared Facilities, for ensuring the Room or Shared Facilities are kept clean in accordance with the Residence Rules and remain in the condition specified in the Condition Report (excluding fair wear and tear), failing which, the Resident is jointly liable with those other residents to pay the University the Other Fees specified in Schedule 1 relating to additional cleaning of the Room or Shared Facilities.

11.4 If the Resident is aware of any inability to pay the Fees by the due date, the Resident must promptly notify the Senior Manager.

11.5 The University may, but is not obliged to, enter into a payment plan if requested by the Resident where the Resident can demonstrate financial need. All payment plans must be signed by the University and the Resident prior to the payment plan commencing. The terms of this Agreement will be modified to the extent required to give effect to such an agreed payment plan. Payment plans must result in all outstanding fees payable under this Agreement being paid in full by the End Date. Failure to adhere to the agreed payment plan may result in termination of the Agreement as per clause 2(c).

11.6 If the Fees referred to in this Agreement are not paid by the due date, the University will provide written notice of such non-payment (Late Notice) to the Resident. If the University does not receive the fees within the time period specified in the Late Notice, the University (in its discretion and acting reasonably) may take all or any of the following actions:

(a) charge the Resident the Late Payment Fee specified in Schedule 2, for each fortnight fees are in arrears;

(b) withhold the Resident’s academic results and transcripts or decline re-enrolment, until outstanding fees are paid in full;

(c) refer any outstanding fees to a debt collection agency;

(d) terminate the Agreement under clause 2(c); and/or

(e) withhold future offers of accommodation.

11.7 The Resident acknowledges that, to the extent permissible by law, there will be no reduction in any Accommodation Fees payable if any utilities or other services provided by the Residence are temporarily interrupted or replaced with alternative utilities or services.

11.8 Without limiting any other provision of this Agreement, the Resident agrees that the University is entitled to apply any payments made by the Resident towards the payment of any amounts due and payable by the Resident under this Agreement, including Cancellation Fees.

11.9 Any overpayment of Accommodation Fees, or any balance of such overpayment after any deduction by the University under clause 8, will be refunded to the Resident within 60 days of the End Date.

11.10 The Resident acknowledges and agrees that:

(a) the Resident is legally responsible for payments under this Agreement; and

(b) the Resident can provide consent to specified third parties (such as a parent) accessing the Resident’s Personal Information (including payment information) held by the University in connection with this Agreement, via the Accommodation Portal.

11.11 This clause 11 survives the termination or expiry of the Agreement.

12.1 The Resident must comply with all University policies to which they are subject, including the Student Conduct in Residences Policy in the event of misconduct in the Residence, and the UOW Residence Rules at Schedule 3.

12.2 The Resident must ensure their Family Members and Visitors comply with the UOW Residence Rules.

12.3 The University will provide reasonable notice by email to the Resident if the UOW Residence Rules are updated or a new policy is introduced in connection with the Resident’s occupation and use of the Residence. Following such notification, the Resident must comply with the new or amended rules or policy.

13.1 On or before the End Date the Resident must:

(a) vacate the Room and the Residence;

(b) leave the Room and any Shared Facilities in the same condition as under the Condition Report (except for fair wear and tear);

(c) complete all relevant processes and procedures as reasonably directed by the University; and

(d) return all keys, swipe cards and any form of security devices to the Room and the Residence that have been issued to the Resident.

13.2 The Resident agrees that any personal property (including bicycles) left in the Room and/or at the Residence after the End Date may be disposed of by the University or donated to charity. The Resident will be liable to pay Other Fees for disposal of property, specified at Schedule 1.

13.3 The University will inspect the Room (and Shared Facilities if applicable) after the End Date and compare the condition against the Condition Report (excluding fair wear and tear). If the University determines, by reference to the Condition Report, that additional cleaning and/or repairs are required and/or that any furniture is missing, the Resident will be liable to pay Other Fees specified at Schedule

13.4 If the Resident does not vacate the Room as required under clause 1, then the Resident must continue to pay the Accommodation Fee on a pro rata basis from the End Date until the day the Resident has fully complied with its obligations under clause 13.1. The University may also exercise its right under clause 15.6(b) to evict and escort the Resident and their Family Members (if applicable) from the Residence.

14.1 The Resident and their Family Members (if applicable) occupy the Room and use all facilities and services within the Residence at their own risk.

14.2 The University does not maintain contents insurance in respect of personal property kept at the Residence and is not responsible for any theft, loss or damage to the property of the Resident, their Family Members or Visitors. The University recommends that Resident take out appropriate insurance to cover their valuables.

14.3 The University has the right to carry out repairs, building works and other construction (together, “Works”) at reasonable times and hours, and the Resident acknowledges and agrees that the University will not be liable for any inconvenience, disruption or financial loss associated with the Works, unless the Resident’s rights under this Agreement are materially and detrimentally affected.

14.4 To the extent permissible by law, the Resident releases the University from, and indemnifies the University against, all actions, claims and demands of any kind and from all liability which may arise in respect of:

(a) any accident or damage to or loss of property (including by theft or robbery); or

(b) injury or death, (together “Losses”)

(c) that the Resident, their Family Members or Visitors may suffer at the Residence, except to the extent that such Losses are caused by the University’s breach of this Agreement or negligent acts or omissions.

14.5 The Resident indemnifies the University in relation to all losses that the University directly or indirectly sustains or incurs as a result of any:

(a) the Resident’s breach of this Agreement;

(b) the Resident’s or its Family Members’ or Visitors’ negligent, unlawful or wilful acts or omissions; or

(c) property damage or personal injury caused by the Resident, their Family Members or Visitors, except to the extent that such losses are caused by the University’s breach of this Agreement or negligent acts or omissions.

15.1 Early Termination by the Resident

(a) The Resident may terminate this Agreement before the End Date for a reason specified in Schedule 2 by:

(i) submitting a “Request to be Released from Accommodation Contract” to the University via the Accommodation Portal and providing the minimum number of days’ Notice specified in Schedule 2; and

(ii) paying the applicable Cancellation Fee specified in Schedule 2, and the Agreement will terminate on and from the end of that notice period.

(b) The Resident agrees and acknowledges that the Cancellation Fee is a genuine pre-estimate of the University’s loss due to the Resident’s early termination of the Agreement.

15.2 Early Termination by University

Without limiting any other provision of this Agreement, the University may terminate this Agreement:

(a) Prior to the Move in Date, by giving the Resident at least 14 days’ written notice, if the University is no longer able to offer the Room Type as long-term accommodation;

(b) Prior to the Move-in Date, by giving the Resident at least 14 days’ written notice, if the Resident is a Returning Student and:

(i) the Resident’s enrolment has been withheld by the University;

(ii) the Resident has materially breached the terms (including payment terms) of any former accommodation agreement and the University was not aware at the Commencement Date of this Agreement; and/or

(iii) for reasons of student welfare or safety;

(c) By giving the Resident at least 7 days’ written notice if any Fees owing by the Resident under this Agreement remain unpaid for 14 days or more after becoming due and payable, and the Resident has failed to pay the outstanding fees within 7 days of the University issuing a written notice to the Resident to pay the outstanding fees;

(d) On or from the Move-in Date, by giving the Resident immediate notice (or other notice period as deemed reasonable by the University) if:

(i) the Resident’s right to occupy the Room or access the Residence has been terminated under the Campus Access and Order Rules, Student Conduct in Residences Policy or Student Conduct Rules;

(ii) the University considers that the Resident’s continued occupation of the Room poses a threat to the health, safety, welfare or quiet enjoyment of any other resident within the Residence; or

(iii) the Resident breaches any other provisions of this Agreement that provide the University with the right to immediately terminate the Agreement, being clauses 5(f) (failure to relocate) and 7.1 (non-arrival).

(e) By giving the Resident at least 28 days’ written notice, if the Resident:

(i) ceases to be a Student as required under clause 1;

(ii) does not meet the academic requirements under clause 3;

(iii) does not meet the Occupancy Requirements set out at Schedule 1; or

(iv) provides a Visitor or Family Member who has been issued with a Termination of Licence with access to the Room or Residence.

15.3 If this Agreements terminates early, the University will provide the applicable Refund specified in Schedule 2, minus any Fees due and payable by the Resident that have not been paid by the Resident as at the End Date.

15.4 The Resident acknowledges that any breach of the terms of the Agreement may be taken into account in the assessment of any future application to occupy University residences, and may result in such applications being refused.

15.5 This clause survives termination of the Agreement.

15.6 Eviction rights of the University

The University may evict and escort the Resident and/or their Family Members, Visitors or others from the Residence if:

(a) the University considers it reasonably necessary to protect the health or welfare of any person within the Residence;

(b) additional family members are occupying the Room who have not been registered and approved by the University under clause 2;

(c) the Resident or their Family Members have not vacated the Room or Residence by the End Date; and/or

(d) the Resident has had their right of access to the Residence limited, terminated, suspended, or has been relocated to another University residence, under this Agreement, the Student Conduct in Residences Policy, Student Conduct Rules or the Campus Access and Order Rules.

15.7 Extension of Agreement

If the Resident wishes to remain in their Room and Unit (if applicable) after the End Date, they may make a written request to the University to extend the Agreement. If approved in writing by the Senior Manager, that approved date will become the End Date for the purposes of this Agreement. Extensions are not available to the Resident if occupying a Room at Bangalay or Graduate House.

16.1 The Resident acknowledges that Personal Information collected by the University for the provision of accommodation and associated services and to manage this Agreement will be handled in accordance with the UOW Residence Privacy Statement.

16.2 The Resident acknowledges and consents to the University or its delegate sharing the Resident’s Personal Information:

(a) within areas of the University and with third party providers for the purpose of provision of accommodation and associated services and to manage this Agreement; and

(b) with relevant third parties in an actual or suspected Emergency.

17.1 This Agreement is governed by the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

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

17.3 Any notice to the University by the Resident must be in writing and given to the University by leaving the notice at the Residence’s Administration Office during normal business hours, delivery by electronic mail or via registered postal mail.

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

17.5 Acceptance by the University of any payment of fees:

(a) will be a waiver of the Resident’s breach of the Agreement where the Resident breached the Agreement because they failed to pay the fees so accepted by the University by the due date; and

(b) will not be deemed a waiver of any other breach of the Agreement.

17.6 This Agreement constitutes the entire agreement between the Resident and the University in relation to the Accommodation Offer and supersedes all previous agreements and correspondence, whether oral or written in relation to such subject matter.

17.7 If any part of this Agreement is or becomes void, voidable or unenforceable, this Agreement is to be read and construed as if that part had been severed from this Agreement so that all parts not void, voidable or unenforceable remain in full force and effect and unaffected by that severance.

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

17.9 The Resident agrees that the terms of this Agreement cannot be varied or amended without both parties prior written consent.

18.1 The Resident agrees that during the Residency Period, they will:

(a) comply with any applicable public health orders issued by the NSW Government (or other body empowered by law to issue such orders); and

(b) in response to any public health emergency, follow all reasonable directions of the NSW Government or the University, including in relation to isolation, quarantine and hygiene measures.

18.2 The Resident must ensure that their Family Members (if applicable) comply with clause 18.1.

Signed by the University of Wollongong (ABN 61 060 567 686)

Theresa Hoynes, Director Student Life