Accommodation Agreement

2.1. The University is the owner or lessee of the Residence.

2.2. The University grants to the Resident a non-exclusive licence to use and occupy the Room, to use Shared Facilities and to access Common Facilities under the terms of this Contract.

2.3. The Resident may only occupy the Room from the Commencement Date until the End Date, unless this Contract is otherwise terminated or extended in accordance with these terms and as confirmed by the University in writing.

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

2.5. The Resident acknowledges and agrees that:

a. being and remaining an Enrolled Student throughout the Contract Term is an essential condition of this Contract; and

b. the University conducts regular audits to check the enrolment status of Residents; and

c. if they are not an Enrolled Student and/or do not maintain their enrolment, then the Contract may be terminated by the University in accordance with clause 12.4 (a)(ii).

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

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

2.8. The Residential Tenancies Act 2010 (NSW) (Act) does not apply to this Contract, as per section 12 of the Act and regulation 31 of the Residential Tenancies Regulation 2019 (NSW).

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

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

a. the Resident’s guarantor must provide the University with their proof of identity and a guarantee in a form as directed by the University; and

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

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

3.1. The University will, within its absolute discretion, allocate the Resident a Room within the Room Type specified within Schedule A of this Contract, specific room allocation may change up until the commencement of the Contract. Wherever possible, the University will take into consideration room preference and other special requests, however these preferences cannot be guaranteed and allocation is at the absolute discretion of the University.

3.2. The University reserves the right to relocate or temporarily relocate the Resident to another room of the same Room
Type or to a Room of no lesser standard in any UOW Student Accommodation, by giving the Resident a minimum 7 day’s prior notice, or with immediate notice in the event of clauses (c)(v) to (vii):

1. if this Contract is extended by clause 12.7, in the period up until that Extension Date;
2. for a conference or other trade purpose; or
3. at any time where the University considers it necessary:

(i) for repair and maintenance purposes;
(ii) to maximise occupancy;
(iii) to address difficulties between residents of the Residence;
(iv) to cater for specific needs of a resident with disability or health needs (including mental health);
(v) for reasons of student safety or student welfare;
(vi) in an emergency; or
(vii) to give effect to an urgent limitation, termination or suspension of a right to access imposed under the Student Conduct in Residences Policy or Student Conduct Rules.

3.3. If the Resident:

1. fails to vacate the Room under clause 3.2;
2. occupies any alternative room without the University’s prior consent under clause 3.4;
3. fails to return to the Room after a temporary relocation under clauses 3.2 or 5.7, by a date specified by the University by written notice; or
4. fails to relocate to a different room under clause 5.7; then the University may 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 Contract under clause 12.4(c)(iv). Additional fees may be charged in accordance with clause 3.5(b).

3.4. The Resident may request in writing to be transferred to an alternate room and the University may agree or not agree to the request in its absolute discretion. Subject to clause 3.2(c), requests for a room transfer will only be considered after the Resident has occupied the room for a period of 6 weeks. If the request is approved by the University, the Resident will be required to pay the Transfer Fee before taking up occupancy in the newly allocated room.

3.5. If any relocation under clause 3.2 is temporary (as notified by the University to the Resident):

1. there will be no adjustment to the Accommodation Fee in relation to the temporary relocation; and
2. if advance written notice is provided in accordance with clause 3.4 and the Resident fails to return to their Room within the period specified in the notice, the Resident may be charged an Accommodation Fee for the additional
   room occupied until such time as that Room is fully vacated.

3.6. If the relocation under clause 3.2 is for the remaining duration of the Contract Term (as notified by the University) and
the University requires the Resident to move into a different room type:

1. then the Resident will pay the lower Accommodation Fee while they occupy that room; or
2. the Resident will, if provided with a choice of occupying a room type of higher standard and chooses to
   take up this option, pay the higher Accommodation Fee associated with that room type until the End Date.

3.7. Unless the relocation is temporary (as notified by the University to the Resident), if the Resident moves to another room for any reason (including if required to move by the University under clause 3.2 or if the University approves the Resident’s request under clause 3.4), the new room and room type (if applicable) will become the Room and Room Type for the purposes of this Contract and the amount payable under clause 3.6 will become the new Accommodation Fee for the purposes of this Contract.

4.1. The Resident must allow the University, its agents, contractors or employees access to the Room/Unit for the purpose of cleaning, issuing notices or memos, Room/Unit inspections or maintenance, and the Resident must otherwise not impede the University’s access to, possession of or control of the Room/Unit.

4.2. Without limiting clause 4.1, the University (and any of its authorised agents, employees or contractors) may enter the Room/Unit, without notice, for the following purposes:

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

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

4.2.3. to check whether the Resident, Family Members, Guests or Visitors are complying with this Contract;

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

4.2.5. if, in the reasonable opinion of the University:

1. the Resident is believed to have abandoned the Room;
2. the Resident has been reported missing;
3. a person other than the Resident or a Family Member registered to reside there is residing in the Room/Unit; or
4. immediate access is otherwise required to the Room/Unit in the circumstances, which may include carrying out a welfare check on the Resident.

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

5.1. The Resident acknowledges that they are responsible for ensuring that, as at the Commencement Date, they have registered and received approval by the University, prior to arrival, for all Family Members who will live with the Resident in the same Room Type for any/all periods within the Contract Term, or up until an Extension Date. The Resident acknowledges that any changes to the Family Members must be approved by the University prior to the Family Members’ arrival.

5.2. The Resident:

a. must ensure that all their Family Members, Guests or Visitors comply with all Residence Rules at Schedule C, and University policies, codes and standards set out at clause 8.2, and may be subject to disciplinary action for failure to do so as set out in clause 8.4; and
b. is liable for all expenses, costs, fees, charges and damage (including any injury or property damage) caused by those Family Members, Guests and Visitors.

5.3. The Resident must not allow access to the Residence to any Family Member, Guest or Visitor who is subject to a Termination of Licence. Failure by the Resident to comply with this clause may result in termination of this Contract under clause 12.4(a).

5.4. The Resident acknowledges and agrees that no overnight stays by Visitors and no Guests are permitted for those occupying a twin share Room Type in International House. Clauses 5.5, 5.6 and 5.7 are not applicable for Residents occupying a twin share Room Type in International House.

5.5. The Resident may have a maximum of one Guest stay in their Room without charge at any given time for no longer than 2 consecutive nights in any calendar month.

5.6. In exceptional circumstances, should the Resident wish for a Guest to stay with them in their Room longer than 2 consecutive nights (up to a maximum of 4 consecutive nights), the Resident must:

a. seek prior written approval from the University;
b. ensure all approved Guests are signed in at the Residence office and follow procedure including showing evidence of sign-in for the duration of their approved stay;
c. ensure Guests sign out at the conclusion of their stay; and
d. accompany the approved Guest at all times, and must not provide the approved Guest with any access keys, swipe cards or security devices.

5.7. If a Resident’s Guest is approved by the University in writing to stay in Residence longer than 2 consecutive nights, the Resident will be charged an additional Accommodation Fee on a pro-rata basis for each night the Guest occupies the Room after the 2 complimentary nights, and the Resident may be required to relocate to an alternate Room, at the absolute discretion of the University, for the duration of their Guest’s stay.

5.8. If it becomes known that a Resident’s Guest is occupying any room without the University’s prior written approval the University may direct the Guest to leave the Residence and/or charge the Resident a daily rate from the commencement of the Guest’s visit.

5.9. Guests and Visitors must leave (and the Resident responsible for the Guest or Visitor must assist them to leave) the Residence immediately if requested to do so by the University’s nominated representative regardless of whether this clause 5 has been complied with. The University may escalate the matter to security and/or police for a failure to comply with any such direction.

6.1. The Resident must pay:

a. the Acceptance and Service Fee and all other relevant charges payable under this Contract (including those amounts identified in the Offer of Accommodation) prior to the Commencement Date;
b. the Accommodation Fees, fortnightly in advance for the full duration of the Contract Term;
c. by the method nominated by the University (which may include BPay and credit card);
d. the Other Fees, as applicable, in accordance with the Fee Schedule must be paid for upfront and in full; and
e. the Optional Fees if the Resident elects to procure additional goods and/or services in accordance with this Contract.

6.2. The Acceptance and Service Fee is not refundable after the Commencement Date, including in the event the Contract is terminated prior to the End Date.

6.3. If the Resident, a Family Member, Visitor or Guest accidently or deliberately activates the fire alarm (without fire or otherwise unnecessarily) and causes an evacuation and a Fire & Rescue NSW unit attends the Residence, the Resident will be charged the relevant charge amount set out in the Fee Schedule.

6.4. If, during the Contract Term, the Resident loses any of the keys, swipe cards and security devices to the Room and the Residence that have been issued to the Resident, the Resident must pay the cost of replacing those keys, swipe cards and security devices and the reconfiguration of the lock system as set out in the Fee Schedule.

6.5. Without limiting the obligations set out in this clause 6, the Resident must notify the Senior Manager, Student Residence promptly of any inability to pay any amount by the due date.

6.6. The University may, but is not obliged to, enter into a specific payment plan with the Resident if the Resident can demonstrate a need for staggered or delayed payments. All payment plans must be signed by the University and the Resident prior to the payment plan commencing. The terms of this Contract 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 Contract being paid in full by the End Date.

6.7. If the fees and amounts referred to in this Contract 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, then the University (in its discretion) may take all or any of the following actions that it considers reasonably appropriate in the circumstances:

a. applying a Late Payment Fee to the Resident’s account;
b. requiring all future payments of fees by the Resident to be made in advance of the period to which they apply;
c. preventing the Resident’s access to their Room or various facilities of the University, until payment has been made;
d. withholding the Resident’s academic results and transcripts or declining re-enrolment, until payment has been made;
e. referring any outstanding fees to a debt collection agency;
f. withholding future offers of accommodation.

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

6.9. Without limiting any other provision of this Contract, the Resident acknowledges and agrees that the University is entitled to apply any overpayment of any Accommodation Fees or other charges towards the payment of any other amounts due and payable by the Resident under this Contract which have not otherwise been paid by the Resident.

6.10. Any outstanding fees, costs incurred in collection of debts, and/or the costs of any additional cleaning, rubbish removal, damage or loss to the Residence for which the Resident is responsible will be deducted from any overpayment of Accommodation Fees, or any balance of such overpayment.

6.11. Any overpayment of Accommodation Fees, or any balance of such overpayment after any deduction by the University in accordance with this Contract, will be refunded to the Resident within 60 days of termination of this Contract.

6.12. The Resident acknowledges and agrees that:

a. as the Contract is made between the University and the Resident, the Resident remains solely responsible for the payment of their account;
b. in the event the Resident’s parent, or any other third party, wishes to manage payment of their account on their behalf, the Resident may forward a copy of the invoice or statement to them. It is the Resident’s legal responsibility to advise them of the payment terms and ensure that payments are made to the University as and when due; and
c. due to Australian privacy laws, the University may be unable to disclose any information to a third party without the Resident’s consent. The Resident can provide this consent by indicating the authorised third party’s name via the Accommodation Portal.

6.13. This clause 6 survives the termination or expiry of the Contract.

7.1. A Room of the Room Type and in the Residence specified in Schedule A will be reserved for the Resident from the Commencement Date provided the Resident has paid all upfront fees as referred to in the Fee Schedule.

7.2. Residents can arrive from 2pm on the Commencement Date, unless otherwise agreed with the University under clause 7.3. If the Resident fails to arrive on the Commencement Date or the approved Arrival Date, the University will give written notice to the Resident of such non-arrival, and if the Resident does not respond to the University within 3 business days from the date of the notice, the University may terminate this Contract in accordance with clause 12.4(c)(iv), in which case the Acceptance and Service Fee will not be refunded.

Early arrival

7.3. If the Resident wishes to occupy a Room before the Commencement Date, the Resident must notify the University of the request in writing at least 5 business days prior to the anticipated Arrival Date. Such requests will be considered, but the Resident acknowledges and agrees that:

a. the University is not obliged to grant such requests and will make decisions about such requests in its absolute discretion; and
b. the Resident will be responsible for all additional Accommodation Fees payable for the period of early arrival and, if accommodated during this period in a room other than that allocated under the Contract, a room clean fee; and
c. if a Resident’s request is accommodated by allowing occupancy of a room type or residence other than that specified in Schedule A (with the Resident’s agreement) for the period of early arrival up to the Commencement Date, the University reserves the right to charge a higher or lower fee commensurate with the usual rate for the different room type and / or residence.
d. If early arrival is approved by the University under this clause 7.3, the new Arrival Date will become the Commencement Date for the purposes of this Contract. 

7.4. The Resident may procure additional goods and/or services set out in the Fee Schedule during the Contract Term. If the Resident wishes to procure:

a. a parking permit, the Resident must submit an application to the University. Parking permits are limited and will be allocated via a ballot process; and/or
b. a linen pack, the Resident must submit an order to the University for approval.

7.5. The University will provide, and the Resident must complete, sign and return a Room Condition Report Form when the Resident arrives at the Residence, to confirm the condition of the Resident’s Room and any inclusions (Condition Report). The Room Condition Report must be submitted within 48 hours of arrival. Any issues that require maintenance must also be logged as a request via the Accommodation Portal. Unless the Condition Report states that any item in the Room and/or Shared Facilities is missing or that there is existing damage to any part of the Room and/or Shared Facilities, 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.

7.6. If the resident fails to submit the Condition Report within 48 hours after arrival, the Condition Report will automatically close and 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, by act or omission while in the Residence:

a. must treat all staff, contractors and other residents with courtesy and respect, including not engaging in sexual misconduct or behaviour that is perceived by others to be threatening or intimidating;
b. must only use the Room for residential purposes;
c. must not use the Room and/or the Residence, or cause or permit the Room and/or the Residence to be used, for any illegal purpose;
d. subject to clause 5, must not allow or permit any other person, to occupy the Room, the Residence or any part thereof without the prior written approval of the Senior Manager, Student Residence;
e. must only use access keys, swipe cards or other security devices issued to them by the University (for access to Room/Residence purposes) and take reasonable care of same;
f. must not duplicate nor allow any other person, including Guests, to use their access keys, swipe cards or security devices;
g. must not cause or permit a nuisance;
h. must not interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of any other person at the Residence or of any neighbours;
i. must ensure that their activities and conduct do not place themselves or other persons at risk, including risk of harm or injury;
j. must not commit or threaten to commit an act of violence against themselves or any other person;
k. must not interfere with or permit interference with the reasonable use by other Residents of the Shared Facilities or Common Facilities;
l. must not gain entry to another Resident’s room without their prior permission nor access any Shared Facilities or Common Facilities to which the Resident’s access has been temporarily or permanently denied;
m. must not obstruct the Common Facilities, entries or exits of the Residence in any way, including storing personal belongings in the common areas or spare rooms of the Residence;
n. must not remove, interfere with or use any fire detection or protection equipment (fire doors, fire blankets, fire hoses, fire extinguishers, fire alarms, smoke/thermal detectors) for any other purpose other than those for which they were designed;
o. must not add, move or remove any furniture or appliances from the Residence (within or outside the Room/Residence) without the prior written approval of the University;
p. must not store in the Residence any flammable or dangerous materials;
q. must not keep animals in the Room or in or around the Residence, without the prior written approval of the Senior Manager, Student Residence. This term does not apply to the extent that it restricts the keeping of an Assistance Animal;
r. will provide at least 14 days prior notice if the Resident intends to keep an Assistance Animal at the Residence, by liaising with the University of Wollongong Student Accessibility and Inclusion team, to ensure appropriate arrangements can be made to manage animal welfare within the Residence. The Resident is responsible for their Assistance Animal at all times;
s. must not hang clothing on the rails or balconies of the Residence or use the Common Facilities for the purpose of hanging washing unless those Common Facilities are designated areas for the hanging of washing and contain clotheslines for these purposes;
t. must not smoke tobacco or any other substance (including e-cigarettes, vapes or shisha pipes) or any illegal substance inside, or within 10 metres, of the Residence, including outdoor dining areas, entries, exits, stairwells and balconies and must otherwise only smoke legal substances in designated smoking areas (as determined by the University); and
u. must report incidents which endanger the safety or security of the Resident or others, or the Residence, where required. If the Resident feels that they or any other person or the Residence are at any risk, they must notify the Residence office or UOW Security immediately.

8.2. The Resident must comply with all relevant UOW policies, codes and standards, particularly noting:

a. UOW Residence Rules;

b. Student Conduct in Residences Policy;

c. Campus Access and Order Rules;

d. Student Conduct Rules;

e. Bullying Prevention Policy;

f. Sexual Harassment Prevention Policy;

g. Improper Sexual Conduct Response Policy;

h. IT Acceptable Use Policy;

i. Smoke Free University Policy; and

j. Close Personal Relationships and Guidelines

8.3. From time to time the University may introduce new or revised policies, codes and standards in connection with the Resident’s use of the Residence, including those contained within Schedule C of this Contract. Where practicable, the University will provide reasonable notice to the Resident if it decides to introduce a new policy, code or standard or make a change to a policy, code or standard specified in clause 8.2 with which the University requires the Resident to comply. Following notification under this clause 8.3, the Resident must comply with the new or amended policy, code or standard.

8.4. If the Resident, including its Family Member, Guest or Visitor, fails to comply with the policies, codes and standards as referred to in clause 8.2, the Resident must submit themselves to the procedures in the Student Conduct in Residences Policy for managing such breaches (or other applicable policy), including any disciplinary action that may be applied (including termination of this Contract and/or exclusion of the Resident and Family Members or Guests from the Residence).

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

The Resident must:

a. keep the Room clean, failing which the University may organise cleaning of the Room at the cost of the Resident;

b. in the case where the Resident has access to Shared Facilities, keep the Shared Facilities clean with special attention to be paid to the kitchen, bathroom and appliances, failing which the University may organise cleaning of the Shared Facilities and charge the Resident applicable costs on a pro rata basis that is commensurate with the number of  individuals that have access to the Shared Facilities; 

c. not intentionally or negligently cause or permit any damage to the Residence or to any property, furniture, fixtures or equipment in the Residence; 

d. not put anything down any sink, toilet or drain likely to cause damage or obstruction, failing which the University may organise to repair the damage or remove the obstruction at the cost of the Resident;

e. wrap up and place any rubbish or garbage in an appropriate container, failing which the University may organise removal of the rubbish or garbage at the cost of the Resident; and

f. immediately notify the Residence of any loss, damage or defect to the Room or the Residence.

The Parties agree that:

10.1. On or before the End Date, or upon earlier termination of the Contract, the Resident must:

a. vacate the Residence;
b. leave the Room and any Shared Facilities in the same condition as they were in under the Condition Report (excepting fair wear and tear), clean and clear of any personal belongings, including clothing, cooking utensils, food and other personal items brought to the Residence by the Resident, Family Member, Guest or Visitor;
c. complete all relevant processes as required by the University; and
d. return to the University all keys, swipe cards and any form of security devices to the Room and the Residence that have been issued to the Resident. If the Resident fails to do so, the Resident must pay the cost of replacing those keys, swipe cards and security devices and the reconfiguration of the lock system as set out in the Fee Schedule.

10.2. Before the End Date, the University will provide the Resident with reasonable notice which will set out the relevant information and procedures to complete prior to vacating the Residence. Any personal property left in the Room and/or the Residence after the Resident, Family Member, Guest or Visitor has vacated will be removed and either disposed of or given to a local charity. If there is a cost incurred by the University in removing and/or disposing of any personal property left in the Room and /or the Residence after the Resident, Family Member, Guest or Visitor has vacated, this charge will be passed on to and payable by the Resident.

10.3. After the Resident has vacated the Room and prior to the arrival of the next occupant, the University will inspect the Room (and Shared Facilities where appropriate) and compare it to the condition and repair specified in the Condition Report (fair wear and tear excepted). If the University determines, acting reasonably, that additional cleaning (including, professional cleaning of the floor coverings) will be required and/or repairs are required and/or that any furniture is missing, the Resident will be liable to pay the cost of such additional cleaning or repair or replacement of furniture.

10.4. Notwithstanding the terms of clause 12, if the Resident does not vacate the Room as required under clause 10.1, then the Resident must pay the pro rata Accommodation Fee on demand by the University, such fee being charged per day from the Termination Date until the day the Resident has fully complied with its obligations under clause 10.1.

11.1. The University does not maintain contents insurance in respect of personal property kept at Residences. It is recommended that Residents take out appropriate insurance to cover their valuables.

11.2. 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);
b. injury or death; or
c. inconvenience, disruption or financial loss associated with repairs, building works and other construction being carried out by the University, that the Resident or a Family Member, Guest or Visitor at the Residence may suffer, except to the extent that the loss or injury described in these clauses (a)-(c) is caused by the University’s breach of this Contract or negligent acts or omissions.

11.3. The Resident indemnifies the University in relation to:

a. all losses that the University directly or indirectly sustains or incurs as a result of any:

(i) breach by the Resident, or any Family Member, Guest or Visitor of this Contract;

(ii) negligent, unlawful or wilful act or omission of the Resident, or any Family Member, Guest or Visitor; or

(iii) property damage or personal injury caused by the Resident, or any Family Member, Guest or Visitor; and

b. costs and liabilities associated with:

(i) repairing any damage to the Room, Shared Facilities, Common Facilities or any other part of the Residence (including, any damage to any floor covering) caused or contributed to by the Resident, or any Family Member, Guest or Visitor;

(ii) repairing any damaged furniture or replacing missing furniture where the damage or loss was caused or contributed to by the Resident, or any Family Member, Guest or Visitor (except fair wear and tear);

(iii) repairing any damage to telephone and computing infrastructure caused or contributed to by the Resident, or any Family Member, Guest or Visitor; or

(iv) any emergency services call outs triggered by the Resident, or any Family Member, Guest or Visitor, including any false alarms.

12.1. Termination by Resident within 6 weeks of Commencement Date

a. If the Resident seeks to terminate this Contract within 6 weeks from the Commencement Date the Resident must:

(i) provide at least 28 days’ written notice by submitting a “Request to be Released from Accommodation Contract” to the University via the Accommodation Portal, and subject to clause 12.1.(b), the Contract will terminate on and from the end of that notice period; and
(ii) the Resident must pay the Approved Release from Contract Fee specified in Schedule B (Fee Schedule).

b. If a Resident who has given 28 days’ notice under clause 12.1.(a)(i) fully vacates the Residence prior to the end of that 28 day notice period, the Resident may request, in writing, that the University seeks to find a suitable replacement resident to occupy the Room and:

(i) if the University finds a replacement resident that is acceptable to the University, acting reasonably, and that
replacement resident signs an agreement to take occupancy of the Room prior to the end of the 28 day notice period, then:

(A) the Resident is released from the obligation to pay Accommodation Fees for the remainder of that 28 day period, on a pro rata basis up until the date that replacement resident takes occupancy of the Room and becomes liable to pay accommodation fees for the Room; and
(B) this Contract will terminate the day prior to the date that replacement resident takes occupancy of the Room, as notified by the University to the Resident.

12.2. Termination by Resident 6 weeks or more from Commencement Date

a. If the Resident seeks to terminate this Contract 6 weeks or more from the Commencement Date:

(i) the Resident must provide at least 28 days’ written notice by submitting a “Request to be Released from
Accommodation Contract” to the University via the Accommodation Portal, and the Contract will
terminate on and from the end of that notice period; and
(ii) The Resident must pay the Approved Release from Contract Fee specified in Schedule B (Fee Schedule),
unless the Resident has completed their course of study prior to the Termination Date.

12.3. The Parties agree and acknowledge that the Approved Release from Contract Fee payable by the Resident is a genuine pre-estimate of the University’s loss due to the Resident’s early termination of the Contract.

12.4. Termination by University
Without limiting any other provision of this Contract, the University may terminate this Contract:

a. by giving the Resident not less than 28 days’ notice in writing if:

(i) the University is unable to continue to provide the Room as accommodation on an ongoing basis;
(ii) the Resident ceases to be an Enrolled Student at the University, UOW College; or
(iii) the Resident provides a Family Member, Guest or Visitor, who has been issued a Termination of Licence by the University, with access to the Residence;

b. by giving the resident 7 days’ notice in writing if any fees or other amounts owing by the Resident under this Contract remain unpaid for 30 days or more after becoming due and payable, and the Resident has failed to pay the outstanding fees within 28 days of the University issuing a written notice to the Resident to pay the outstanding fees;

c. by giving the Resident immediate notice if:
(i) the Resident has permanently vacated the Room before the End Date without providing the University notice under clauses 12.1. or 12.2. of this Contract;
(ii) the Room is either destroyed or so damaged as to be unfit for habitation;
(iii) the Resident has been subject to a Termination of Licence under the Campus Access and Order Rules; or
(iv) the Resident breaches any other provisions of this Contract that provide the University with the right to immediately terminate the Contract, being clauses 3.3, 7.2, or as otherwise set out in this clause 12.4.

d. without limiting any other ground of termination in this clause 12, by notice to the Resident effective on the date
specified in that notice, including by immediate notice, if the University considers that the Resident’s continued occupation of the Room poses a serious threat to the health, safety or welfare of the Resident or any other person within the Residence, including staff.

e. Nothing in this Contract limits the University’s rights to terminate this Contract, including as the case may be with
immediate notice, in accordance with clauses 6(11)(f), 6(12), or 10(6)(g) of the Student Conduct in Residences Policy.

f. The Resident acknowledges that any breach of the terms of the Contract, and/or termination of the Contract by the University in accordance with this clause 12, may be taken into account in the assessment of any future application to occupy UOW Residences, and may result in such applications being refused.

12.5. Nothing in this clause 12 releases the Resident from any costs and expenses the Resident has incurred under this Contract up to the date of termination including but not limited to those costs or expenses incurred by the Resident under clauses 6, 5.2(b), 9 and 10 of this Contract, and clauses 3, 7, and 8 of the Residence Rules at Schedule C. This clause survives termination of the Contract.

12.6. Eviction rights of the University
Without limiting clause 12 of this Contract, where the University considers it reasonably appropriate in the circumstances, the University may evict and escort a Resident, a Family Member, Visitor or a Guest from the Residence:

a. to protect the health or welfare of the Resident, Family Member or Guest or any other person within the University or Residence;
b. if the Resident fails to comply with clause 10.1 of this Contract;
c. if the Resident, Family Member, Visitor or Guest has been subject to a Termination of Licence under the Campus Access and Order Rules; or
d. if the Resident has had their right of access to the Residence limited, terminated, suspended, or has been relocated to another UOW Residence, under the clauses 6(11) or 10(6) of the Student Conduct in Residences Policy.

12.7. Extension of Contract
If the Resident wishes to remain in their Room/Unit after the End Date, they may make a written request to the University to extend the Contract. If approved in writing by the Senior Manager, Student Residence, the Contract Extension Date will become the End Date for the purposes of this Contract.

13.1. The Resident acknowledges that personal information collected by the University for the provision of accommodation at the Residence will be handled in accordance with the UOW Residence Privacy Statement

13.2. The Resident further acknowledges that:

a. the Senior Manager, Student Residence (or delegate) will obtain the Resident’s official academic results or confirm the Resident’s enrolment status from the University, UOW College or other educational institution that the Resident is attending at that time, for the purpose of ensuring compliance with the requirements of the Resident’s offer of accommodation; and

b. whilst the Resident resides in the Residence, if the University becomes concerned about the behaviour of the Resident affecting the health and/or safety of any person at the Residence (including the Resident), the University may:

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

(ii) exchange personal and/or health information of the Resident with that third party.

14.1. This Contract 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.

14.2. 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.

14.3. 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.

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

14.5. Acceptance by the University of any payment of fees:

a. will be a waiver of the Resident’s breach of the Contract where the Resident breached the Contract 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 Contract.

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

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

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

14.9 Notwithstanding any other clause in this Contract, the University may notify the Resident in writing (in the University’s absolute discretion) that the Resident is released any or all of the Resident’s continuing liabilities and obligations under this Contract.