MIHM Agreement

TERMS AND CONDITIONS OF RESIDENCE

2016 – 2017
This is a formal document which sets out legally binding obligations.

By signing the MIHM Agreement, which is governed by English law, you agree to abide fully by these Terms and Conditions of Residence.

If there is anything you do not understand please contact the Wardens of Methodist International House Manchester (MIH Manchester).

If you need any information please contact the Hirstwood Office (0161 224 8041).

1. Grant of Residence

1.a) You must pay the Deposit when you return the Application for Accommodation Form to us in order to reserve a room.

1.b)You must sign the Residence Agreement within seven days of taking residence in M.I.H. Manchester, or you will not have fulfilled the Residence Agreement requirements and shall be asked to leave:

i An accommodation payment will be deducted from your Deposit at the appropriate rate.

ii We shall also deduct from your Deposit all reasonable expenses incurred by us in finding another occupier for the Accommodation.

1.c)Subject to our rights to terminate this Residence Agreement early (see clause1.g), we grant you the right to occupy the Accommodation for the Period of Residence:

i Including the use of the Common Parts.
ii For the purpose of living and studying only.

1.d)You are not allowed to sub-let, share or part with possession of the Accommodation at any time during your Period of Residence.

1.e)We do not grant you the right to a particular study bedroom.

1.f)If you are reasonably requested to move to an alternative study bedroom during the Period of Residence you must do so.

1.g)We have the right to terminate this Residence Agreement early if: i You are not, or cease to be, a registered student or
ii You are in serious breach of any of these terms and conditions.
1.h)If you wish to live in the Accommodation at any time outside the agreed Period of Residence you must make a new Residence Application and pay appropriate additional Residence Fees.

2. Residence Fees

2.a)You must pay the Residence Fees when they are due.

2.b)Fees paid more than seven days late will not receive the prompt payment discount.

2.c)You are not entitled to any refund of Residence Fees if you vacate or fail to take up the Accommodation before the end of the Period of Residence or if you are absent from the Accommodation at any time, unless:

i You cease to be a registered student, in which case your Residence Agreement will be terminated 28 days after we have received evidence of this or

ii Either you or we are able to find a suitable registered student to replace you or

iii There are extenuating circumstances that we may consider.

2.d)You are not entitled to make any deductions from the Residence Fees.

2.e)You must notify the Wardens immediately if you have, or will have, difficulty in paying the Residence Fees.

2.f)We shall not offer you accommodation for the next academic year if you have any outstanding debt at the end of your contract period.

Your Obligations

If any dispute arises as to whether you have fulfilled your obligations to M.I.H. Manchester (see clauses 3 to 10,below) the matter will be determined by the Wardens in consultation with the Executive Officers of the Oversight Committees. The final decision decision shall be final and binding.

3. Respect for your Accommodation and other Occupiers

3.1
You are expected to keep the Accommodation, and any areas allocated specifically to you in the Common Parts, in a clean and tidy condition throughout your Period of Residence and to leave them exactly as you found them, except for normal wear and tear, at the end of your Period of Residence. Accommodation inspections will be carried out at least once each semester.

3.2
You must report any loss, breakage, damage or failure of Facilities and Services to the Office promptly.

3.3
You must allow us, with reasonable notice (or, in an emergency, without notice) to enter the Accommodation to examine or repair furniture, fixtures, fittings and equipment.

3.4
You are obliged to pay us the cost of making good any damage, loss or breakage caused by you to the Accommodation or the Common Parts. This includes damage caused by overloading electrical sockets, blocking or polluting drains, causing damage by attaching items to walls (inside or outside, including television aerials) and damage or breakage caused by interfering with the various installations and systems in M.I.H. Manchester.

3.5
When you leave M.I.H. Manchester You must remove all your belongings from the Accommodation and return your keys and fob to the office. If you fail to do this you will be considered to be still resident and obliged to continue to pay Accommodation fees. The cost of replacing any keys or fob not returned to the office will be deducted from your deposit. Any belongings left for over 3 months will be disposed of.

3.6
You and any visitors you may have must not cause other occupiers, or any other person any unreasonable disturbance, distress, annoyance, nuisance or inconvenience or any injury or damage to their property:

i You must not commit any crime or act in a manner that conflicts with our policies on drugs, harassment, offensive weapons or equal opportunities or act in a manner which is likely to bring us into disrepute.
ii

iii

4. Crime Prevention and security

4.1
You have a responsibility to yourself and all M.I.H. Manchester Residents to make sure that you take appropriate security measures:

i Close and lock your window and door when leaving your room and always ensure that the main entrance door is securely closed after you.

ii After using the courtyard residents must make sure that the door to it is securely closed.
You must not keep any animal(s) including fish, insects reptiles and birds.
You must exercise proper care when using any equipment.
You must not do anything that would cause our insurers to increase our insurance
iv
premium or withhold any payment of a claim.
iii Close the windows in the dining room (and large kitchens) if you are the last person to leave.

iv Do not let anyone into M.I.H. Manchester unless you are satisfied that they are a resident or a genuine visitor of a resident or there with the authority of the office.

v Do not attach anything to your M.I.H. Manchester keys and fob with your name and/or address on it.

vi It is advisable not to walk back to M.I.H. Manchester late at night. vii If you see anything suspicious please report it to a member of staff.

4.2
We reserve the right to exclude any visitor where we have reasonable grounds to believe that their exclusion is necessary for the safety or well-being of other residents, their visitors or our employees.

5. Fire Safety

5.1
You must familiarise yourself with the information about Fire Safety in your room.

5.2
You (and any visitors) must leave the M.I.H. Manchester building immediately on hearing the fire-alarm sound.

i You must co-operate with our staff, the designated Student Fire Wardens and the emergency services.

ii You must go to the designated area near the bike shed where the list of residents will be checked.

iii For security and fire safety reasons, if you are absent overnight or longer at any time during your Period of Residence you must inform the Duty Warden.

iv For security and fire safety reasons any overnight visitors must sign in the “Visitors Book” which is kept by the main entrance.

5.3
You (and your visitors) must not behave in any way that increases the risk of fire or the chance of residents being trapped, including:

i Tampering with any of our fire prevention or control equipment.

ii Obstructing any designated fire escape or using a designated fire escape except for the purposes of emergency exit.

iii Smoking or using joss sticks or candles within the M.I.H. Manchester building.
iv Deep fat frying.

v Bringing soft furnishings into the Accommodation without the permission of the W arden.

6. Kitchen safety and hygiene

6.1
You must make sure that you know where the fire escape routes are from the kitchens, and where fire blankets and dry powder extinguishers are located for your allocated kitchen.

6.2
You must use the kitchens in as hygienic and safe a way as possible, including cleaning any spills, washing up and putting your equipment away. Knives should be stored in your locked cupboard when not being used. Visit www.eatwell.gov.uk for information on food hygiene including information about cooking meat and how and where to store food.

6.3
Each room has a plastic box for use in the fridge. Food must be thrown out if it has passed its sell by date or gone off.

6.4
If you are not sure about using any of the equipment provided read the instruction booklet. If you are still unsure you must ask a member of staff familiar with the equipment.

6.5
Food should be eaten in the dining room to prevent stale food smells and food waste around the building.

7. Visitors

7.1
You are responsible for making sure that your visitors behave in a way that does not cause offence or inconvenience to any residents or staff.

7.2
The Wardens must be informed in advance if you are to have any overnight visitors. A folding bed can be provided, or a room if one is available. Ask at the office for information about costs.

8. Vehicles

8.1
You must not park any vehicle (motorised or not) in the M.I.H. Manchester grounds if it has not been registered at the Office.
8.2
You must not repair vehicles at M.I.H. Manchester except in an emergency.

8.3
For fire safety and security reasons you must park in a designated parking space or bicycle storage, as appropriate. We reserve the right to remove any vehicle that is not parked in the designated places and charge you for our expenses to do this.

8.4
All motorised vehicles parked at M.I.H. Manchester must be serviceable, fully insured and have a valid road fund licence displayed.

8.5
All vehicles must be removed on the day of departure from M.I.H. Manchester。

9. Incidents, accidents and illness

9.1
You are responsible for contacting and dealing with the police if anything is stolen from your room or you are subject to an incident elsewhere.

9.2
You are responsible for registering with a local Medical General Practitioner on arrival at M.I.H. Manchester。

9.3
It is advisable to inform the Office within 48 hours of any accidents (on M.I.H. Manchester premises) involving you which will be recorded in the accident book.

9.4
If you or your visitor suffer from any contagious or infectious disease or an infestation of some kind, you must notify the Office immediately and follow any instructions you are given. You must indemnify us against any reasonable costs incurred should the Accommodation or furniture and fittings need cleaning, repair or replacement as a result.

10 Indemnity
You are liable to us for all loss or damage suffered as a result of any breach by you of your Residence Agreement including (but not limited to) any expense incurred in collecting arrears, paying professional advisers and in relation to court proceedings.

Our Obligations

A. Insurance

A.1
Subject to any excesses,limitations or exclusions from cover which our insurer may impose, we shall keep M.I.H. Manchester insured in its full reinstatement value AND your personal belongings against loss or damage by fire and such other risks as we think necessary.
A.2
We shall administer any claim on buildings insurance but you will be responsible for making any claims relating to your belongings. If you need to do this contact the office.

B. Facilities and Services

B.1
We shall provide the Facilities and Services during the Period of Residence as described in the Schedule.

B.2
We shall not be liable for any failure or interruption to any Services or for any loss arising from such failure or interruption where it is caused by the actions of any other student or other circumstances beyond our reasonable control.

General Provisions

C. VAT

C.
At the date of this Residence Agreement the Residence Charge is exempt from VAT but we reserve the right to charge VAT if it becomes payable during the Period of Residence.

D. Council Tax

D.
If for any reason you cause us to become liable for Council Tax (because you are in full time employment or claiming social security benefits), then you will repay to us within 14 days of our written demand any sum paid by us to the local authority as a result.

E. Disclaimer

E.1
Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property, or otherwise, unless you prove that the loss or damage was caused by our negligence.

E.2
We have the right to carry out any alterations or building works at M.I.H. Manchester or on our adjoining or neighbouring property without liability for disturbance, where we have made reasonable efforts to carry out works at times likely to cause least disturbance and otherwise, for as short a period as is reasonably practical (except in an emergency).

F. Disputes

F
Any dispute between you and any other occupier in M.I.H. Manchester relating to any matter arising out of or in connection with your Residence Agreement must be referred to the Wardens for determination, whose decision will be final and binding on the parties to any such dispute (other than in respect of disputes to which we are a party).

G. Notices

G.
Any notice to be served in connection with this M.I.H.M. Agreement must be in writing and effectively served. It is effectively served (unless proved to the contrary) if, in the case of notices given by you, it is delivered to the Office or, in the case of notices served by us, delivered to you in writing.

H. Signing by Proxy

H.
If your Residence Application Form has been signed by someone acting on your behalf we shall assume that you have given that person authority to sign and will regard that signature as binding on you unless you have previously notified us to the contrary.

I. Governing Law

I.
All enquiries relating to this Residence Agreement should be addressed to the Wardens and no termination or variation of this Residence Agreement will be valid unless it has been confirmed in writing by him/her. This Residence Agreement is governed by English Law and may be different to that in other countries.

J. Data Protection

J.
The information held on your Residence Application Form is stored as part of your student record on a database. The Residence Application Form is also kept as a manual record. The data is held and processed in accordance with the requirements of the Data Protection Act 1998. Your data will only be shared with staff with a relevant need to see it.

K. Interpretations and Definitions

K.1
All documentation policy procedures are set out in this document, the Residence Agreement.

K.2
In these terms and conditions “you” means the student signing the Residence Agreement and “we” means the Management Committee of Methodist International House, Manchester. The expressions “your”, “our” and “us” should be read accordingly.

K.3
“M.I.H. Manchester” means Methodist International House, Manchester, and includes the Accommodation and the Common Parts.

K.4
“Warden” and “Deputy” or “Assistant Warden” refers to those in administrative charge of M.I.H. Manchester。 The Warden has overall responsibility for the administration.

K.5
“Office” means the administration and management office of M.I.H. Manchester and the personnel charged with the administration (see K.4).

K.6
“Residence Agreement” is the agreement between us and you relating to the Accommodation and comprising the signed Residence Agreement form, the completed Application for Accommodation Form and these Terms and Conditions.

K.7
“Accommodation” means the Accommodation described in the Residence Agreement Form and includes your right to share the designated lavatory/shower (except when these are en-suite) and designated kitchen/dining facilities with other students living at M.I.H. Manchester。

K.8
“Common Parts” means the areas and the fixtures, fittings, furniture and equipment in them that we provide for shared use by the occupiers of M.I.H. Manchester。

K.9
“Application for Accommodation” means the form that you return to M.I.H. Manchester requesting accommodation for a designated Period of Residence, together with a Deposit -paid in advance of arrival.

K.10
“Period of Residence” means the period of time specified in your Application for Accommodation form for which you are offered accommodation.

K.11
“Residence Fees” means the charges for the Accommodation and any additional fees payable under these terms and conditions.

K.12
“Deposit” means the deposit paid with your Application for Accommodation, from which deductions may be made as described in these terms and conditions.
K.13
“Schedule of Payments” means the schedule of payments by which you agree to pay your Residence Fees as specified in your signed Residence Agreement form.

K.14
“Facilities and Services” and the “Schedule” mean the facilities and services set out in the Schedule to these terms and conditions.

K.15
“Student Fire Warden” means a student resident in M.I.H. Manchester who is designated by the Warden to assist in evacuating M.I.H. Manchester in the event of a fire.

K.16
“Medical General Practitioner” means a medically qualified person who offers medical consultation in the National Health Service.

K.17
“Accident Report Book” means the book kept in the M.I.H. Manchester Office in which written details of an accident are recorded. Office staff are responsible for entry of the record.

The Schedule L. The Facilities and Services we provide:

L.1
Cleaning of the Common Parts and maintenance and repair of M.I.H. Manchester, except where damage is caused by you.

L.2
Operation, inspection, servicing and repair of all the plant, machinery and equipment in M.I.H. Manchester including the provision of all fuel and water.

L.3
Providing adequate furniture and furnishings to the Accommodation.

L.4
Provision of fire-fighting equipment in the Common Parts and the payment of all charges in connection with their rental installation and maintenance.

L.5
Provision of an adequate supply of hot water for domestic use to the wash basins and showers in M.I.H. Manchester。

L.6
Provision of reasonably adequate heat to the radiators during the Period of Residence,having regard to prevailing weather conditions.
L.7
Employment of staff for the day-to-day running of M.I.H. Manchester。

L.8
The provision, repair or replacement (when necessary) of litter and recycling bins in the Common Parts and payment of the cost of storing, collecting and disposing of all refuse and recyclable materials from M.I.H. Manchester。

L.9
Provision of such other services and works as we may reasonably deem necessary for the benefit of M.I.H. Manchester。

L.10
Provision and maintenance of items in your Accommodation, unless you are responsible for their loss or breakage.

L.11
Provision of a coin-operated washing machine and a tumble dryer.

L.12
Provision of insurance for your personal belongings under a block insurance scheme. You will be responsible for the administration of any claims you make.

L13
Provision of access to the Inner Courtyard and Outer Gardens. Please note that the Inner Courtyard is a non-smoking area.

L.14
Provision of the University of Manchester Halls of Residence Network (“Hornet”) see leaflets.

L.16
Provision of two Common Rooms / TV Lounges for residents. Note that residents wishing to have a television in their study bedroom are legally responsible for buying their own T.V. license. Aerials or satellite dishes must not be attached to any part of the M.I.H. Manchester building。