RESIDENT ACCOMODATION REGISTRATION AGREEMENT
KATHLEENLUMLEYCOLLEGE
This Agreement is made on
Between: KATHLEEN LUMLEY COLLEGE ABN 39 447 668 688
(“the College”) of 51 Finniss Street, NorthAdelaide SA 5006
And:(“the Resident”)
(Family Name/Surname)(First Name)
Postal Address: 51 Finniss Street, NorthAdelaide SA 5006(“the College”)
Room No. (“theRoom”)
Occupation Date:
From:to(“the Term”)
Accommodation Fee:
I have received a copy of the Kathleen Lumley College Resident Handbook
and understand the contents and my responsibilities as a Resident of
Kathleen Lumley College
SIGNED by ______
On behalf of the College
SIGNED by ______
Resident
1.USE OF ACCOMMODATION
The College grants to the Resident during the Term:
1.1the right to exclusively occupy the Room together with the right in common with the College and other students nominated by the College to reside in that part of the College’s student accommodationdescribed on page 1 of this Agreement comprising the College and use the fixtures, fittings and furniture in the College; and
1.2for so long as the Resident is entitled to reside in the College, the right to use the services provided from time to time by the College.
2.PAYMENT OBLIGATIONS
The Resident must pay to the College:
2.1on entering into this Agreement:
2.1.1a non-refundable first instalment to secure place. This fee is non-refundable but included in the total contract figure.
And during the Term:
2.2each instalment of the Accommodation Fee as specified in the Payment Schedule on or before the respective dates specified in the Payment Schedule;
2.3cleaning costs if the College considers the state of the Room necessitates additional cleaning following any inspection by the College;
2.4the cost of replacing the Room and Common keys if the Room keys are lost by the Resident;
2.5the cost of replacing or repairing any fixtures, fittings or furniture damaged by the Resident or their guests;
2.6Daily fee incorporates the College internet use access charges (8GB per month allowance.Additional allocation can be purchased at $15for an extra 8 GB)
2.7Car parking fee @ $600 per half-year contract, $1000 per full-year contract. Car parking for short-term residents is $8 per day.
Outstanding Debts:
2.8at completion of the Term Resident’s stay at the College, any Accommodation Fee arrears or other unpaid costs for damage or cleaning or any other charges which are not fully recovered will be listed as a debt to the College. Residents with outstanding debts may be subject to debt recovery action.
3.USE OF THE COLLEGE
The Resident must:
3.1personally occupy the Room and not permit any other person to occupy the Room, whether or not the Resident is present, without the prior, written consent of the College which approval may be withheld by the College in its absolute discretion;
3.2.1not use the College or any part thereof, or the Room, to be used for any illegal purpose or create a nuisance or to interfere with the reasonable peace, comfort or privacy of neighbours;
3.3 not keep in the Room any dangerous goods or illegal or prohibited substances;
3.4 comply with the Rules listed in the Resident Handbook as varied by the College from time to time by notice in writing to the Resident. To the extent of any inconsistency between the terms of this Agreement and the Rules shall prevail to the extent of any such inconsistency;
3.5 observe and comply with the College Statutes and By-Laws;
3.6 use the Room only as residential accommodation and not use or permit the Room to be used for any trade or business;
3.7 permit the College and persons authorised by the College to enter the Room from time to time including without limitation for the purposes of conducting inspections of the Room for prospective residents;
3.8 not keep or use in the College any portable kerosene heaters, electric bar heaters or heaters of a similar kind;
3.9 not assign this Agreement without the prior written consent of the College which approval may be withheld by the College in its absolute discretion;
3.10not invite or permit any persons to reside at the College without the prior written consent of the College;
3.11not smoke or allow others to smoke in any but the designated smoking areas;
3.12not detach or render any smoke detector inoperable;
3.13not hang items from the smoke detectors;
3.14not display or hang clothing or other articles from the externals of the College;
3.15lock the Room door at all times when absent from the Room;
3.16shut and lock the gates when entering or leaving the College;
3.17not throw any objects from windows or balconies
4.MAINTAINING THE CONDITION OF THE COLLEGE (ROOMS AND COMMON AREA)
The Resident must:
4.1not cause or permit any damage to be caused to the Room or the Common Areas of the College, or the fixtures, fittings or furniture;
4.2notify the College immediately of any damage to the Room or its fixtures, fittings and furniture;
4.3pay to the College on demand the cost of rectifying damage to the Room or its fixtures, fittings and furniture;
4.4not attach, add or alter or remove any fixtures or fittings in the Room;
4.5not decorate or furnish the Room except in a manner which has been approved in writing by the College;
4.6keep and leave the fixtures, fittings and furniture in the same condition as they were in at the commencement of occupation subject only to reasonable fair wear and tear;
4.7not use nails, tacks, pins, sticky tape or any other type of adhesive on any walls, doors or surface;
4.8allow for the Room to be cleaned regularly and kept free from dirt and rubbish; and
Guests:
4.9the Resident remains responsible for the actions and omissions of each person the Resident permits to enter the College, including compliance with the conditions of this Agreement (including the Rules and any College Statutes and By Laws).
5. INSPECTIONS BY COLLEGE
5.1The College shall be entitled to inspect the Room for the purpose of viewing the state of repair and cleanliness of the Room.
5.2The College shall be entitled to require the Resident to undertake any cleaning or other works that are the responsibility of the Resident under this Agreement and if the Resident fails to undertake those works within a reasonable time specified by the College then the College shall be entitled to do so at the cost and expense of the Resident who must make such payment forthwith on demand; and any cost so incurred by the College will be listed as a debt to the College which may be recovered against the Resident through debt recovery action.
6.BREACH BY THE RESIDENT – TERMINATION OF AGREEMENT
6.1If the Resident fails to pay the Fees according to the Payment Schedule or any other money which is payable to the College under this Agreement within seven (7) days after the date on which the amount was due for payment (“the due date”), the Resident will be informed by letter that payment of the outstanding fees is required within two (2) working days of the date on the letter. In the event of this requirement not being met the Resident will be informed by letter that he/she must vacate the College within one week of the date on the letter.
6.2Any payment of fees after the due date will each incur a late fee of $50 per week, applicable from the day following the due date.
6.3Any variations on the above procedure for individual cases will need formal approval by the Master and the Chair (or delegate) of the College Council, and all such variations are to be reported to the College Council at the Council meeting immediately following such variation being made. Variations will only be approved in exceptional cases.
6.4If the Resident ceases to be an enrolled student at their specified University, the College will be entitled to terminate this Agreement by giving written notice to the Resident and the Resident must remove all of the Resident’spersonal effects and vacate the College within seven (7) days of the date of that notice.
6.5If the Resident hands in their Room keys to any personnot a member or employee of the College at any time the College will be entitled to terminate this Agreement by giving written notice to the Resident and the Resident must remove all their personal effects and vacate the College, and the cost of re-keying or lock changing will be listed as a debt to the College which may be recovered against the Resident through debt recovery action.
6.6Upon termination of this Agreement by reason of the Resident’s default the Resident immediately becomes liable to pay the balance of the Accommodation Fee and any applicable fee in lieu of notice which the College is entitled to recover as a debt from the Resident.
6.7The Resident must:
6.7.1give the College not less than twenty-eight (28) days notice in writing if the Resident wishes to extend their occupation of the Room after the expiration of the Term.
6.7.2if the College agrees to such request the terms of this Agreement shall apply to such extended occupation with any such variations as the College shall notify the Resident. The provisions of clause 6.7.1 relating to notice of vacation apply to any extended term; and
6.7.3nothing in this clause shall oblige the College to agree to grant any extension of the Term.
6.8If the Resident does not remove their personal effects from the Room on the termination or expiry of this Agreement, the College may treat these as abandoned goods subject to the appropriate legislation.
6.9If the Resident vacates the room before the expiration of the Term the Resident will remain liable to pay the balance of the Accommodation Feewhich the College is entitled to recover as a debt from the Resident.
7.RESIDENT RESPONSIBILITIES
7.1The Resident is responsible for the condition of the Room in which they reside.
7.2The Resident is jointly responsible with the other residents residing in the Collegeto keep the common rooms and shared kitchens of the College in a clean condition and ensure that the College property is not subjected to other than reasonable wear and tear.
Residents Vacating:
8.3The Resident vacating will be responsible for the costs ofany additional cleaning required to ensure the Room is in a reasonably clean condition, and any maintenance or repair costs required to address any non fair wear and tear to the Room which he or she occupied.
9.COLLEGE RIGHT TO TERMINATE AGREEMENT
If during the Term the Master and the Chair of the College Council (or delegate) reasonably form the view that for whatever reason the Resident is unfit to remain a resident the College shall be entitled to terminate this Agreement in which event the following provisions shall apply:
9.1the Resident must forthwith upon receipt of a notice to terminate this Agreement under this clause remove all the Resident’s personal effects and vacate the College;
9.2the Resident shall not be entitled to make any claim against the College by reason of the exercise by the College of its rights under this clause 9;
9.3In forming the view concerning the fitness of a Resident to remain a resident of the College, the Master and the Chair of the College Council (or delegate) may take into account any information which they consider relevant, and shall communicate the details of the information on which they intend to rely to the Resident before making their decision, and in making the decision shall also take into account any information and response the Resident provides;
9.4All decisions and actions taken pursuant to this clause 9 shall be reported to the College Council at the next Council meeting immediately following such decision being made.
10. COLLEGE RIGHT TO MOVE STUDENT
Notwithstanding anything contained in this Agreement the College shall have the right upon the giving prior written notice to the Resident to require the Resident move to another room within the Collegein which event the following provisions shall apply:
10.1on receipt of written notice the Resident must remove all the Resident’s personal effects and vacate the Room within two days and relocate to the room nominated by the College in its notice.
10.2the Resident shall be entitled to occupy the Alternative Room for the balance of the term of this Agreement as if this Agreement had been entered into between the Resident and the College in respect of the Alternative Room from the date of commencement of the Term; however the Resident shall not become liable to any increased or decreased liability for payment for the period from the commencement of the Term to the move to the Alternative Room.
10.3the Resident shall not be entitled to make any claim against the College by reason of the exercise by the College of its rights under this clause 10.
11. ACKNOWLEDGMENTS
11.1If the Room is deemed by the College or appropriate authority to be unsafe, other than as a result of the act or default by the Resident or any person for whose conduct the Resident is responsible, the College or the Resident may terminate this Agreement.
11.2The College acknowledges that if the Room is destroyed or damaged from any cause other than the act or default by the Resident or any person for whose conduct the Resident is responsible, the Resident will cease to be responsible for payment of the Accommodation Fee for that Room from the date of damage or destruction.
11.3The Resident acknowledges that the College is not responsible for loss, damage or injury caused to the Resident or the Resident’s property and that the Resident assumes responsibility for insuring all property in the College which is owned by the Resident and the Resident hereby releases the College (including its agents, contractors and employees) from every claim and demand which may result from an accident, damage or injury occurring in the College that is not demonstrably the College’s responsibility.
11.4The Resident indemnifies the College and will at all times keep the College indemnified against all costs, losses, damages or actions incurred by or brought against the College directly or indirectly arising from any action or non-action whatsoever on the part of the Resident or any person for whose conduct the Resident is responsible.
11.5Any notice given by the College to the Resident will be effective if left for the Resident in their identified College pigeon hole or Room, or handed to the Resident by an authorised agent of the College or if posted by pre-paid post to the forwarding address for the Resident held by the College.
11.6Any notice given by the Resident to the College will be effective if delivered to the College at its office.
11.7The Resident acknowledges that it is the Resident’s responsibility upon termination of this Agreement to deliver the Room keys to the College office. The resident is required to pay the Accommodation Fee until the keys are returned. If the keys are not returned within three (3) days following termination the locks of the Room shall be changed and the cost thereof shall be the responsibility of the Resident, andwhich the College is entitled to recover as a debt from the Resident.
11.8This Agreement may be amended if signed by the College and the Resident.
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