Terms and Conditions – DOWNING sTUDENTS

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Downing Students relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term Downing Students or ‘us’ or ‘we’ refers to the owner of the website, Downing Property Services Ltd, whose registered office is 5, Myrtle Street, Liverpool, L7 7DN. Our company registration number is Downing Property Services [04496474] England & Wales. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use: The content of the pages and pictures contained therein of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Video, photography and images

The photography/images used on the pages of our website are typical of our accommodation. The generic photography/images are indicative of what the accommodation looks like and room sizes, layouts, fixtures and furniture may vary.  The soft furnishings used in the photography/videos are not included in our offering.   For information about what you will get in each room, please refer to the features section of the property page. For new properties that are in the process of being built, computer-generated images or artist’s impressions may be used to represent what the properties will look like on completion. The content and footage within videos are correct at the time of filming.  Imagery is illustrative of properties, rooms and facilities only and individual rooms may vary in layout and content.

Show Flats

Show flats are indicative of what the accommodation looks like and room sizes, layouts, fixtures and furniture may vary.  The soft furnishings, decorative items, and kitchen utensils and crockery displayed are not included in our offering.   For information about room types and what you will get in each room, please refer to the features section of the relevant property page.

COMPLETION/ACCEPTANCE OF TENANCY AGREEMENT

Upon receipt of the Tenancy Offer, whether delivered via the online booking process, by email or by any other means, you have 48 hours to complete the agreement.  If the agreement is not completed in this time frame the Holding Deposit will be retained in lieu of cost already incurred by the Landlord and their Managing Agent and the property will be re advertised.

CANCELLATION POLICY

1. An ‘Academic year’ covers the period 1st September to 31st August.  Provided you haven’t collected the keys to the accommodation, you may be able to cancel your booking by writing or sending an email to us at info@downingstudents.com, subject to the following terms:

APPLICATIONS MADE/COMPLETED BEFORE 30TH NOVEMBER 2020

• • For bookings made before the 31st July for the next ‘academic year’ you may cancel your booking within 48 hours from accepting the terms of the agreement and completing the tenancy on line. If you chose to cancel your booking with Downing Students during the cancellation period we reserve the right to retain £50 from the Security Deposit paid in lieu of costs incurred
  • For Bookings made between the 1st and 31st of August for the next academic year you will not be able to cancel. (Please refer to the Re-let policy / ‘No Place, No Pay’ policy)
  • Bookings made in and for the current academic year may not be cancelled once the terms of the tenancy have been accepted and the agreement completed (Please refer to the Re-let policy)
  • Failure to complete the Agreement: In the instance where a deposit is paid and the offer of accommodation is declined i.e. the tenant fails to manually or digitally sign a Tenancy Agreement, we reserve the right to retain £50 from the Security Deposit in lieu of costs.

APPLICATIONS MADE/COMPLETED ON OR AFTER 30TH NOVEMBER 2020

• • For bookings made before the 31st July for the next ‘academic year’ you may cancel your booking within 48 hours from accepting the terms of the agreement and completing the tenancy on line.  If you chose to cancel your booking with Downing Students during the cancellation period we reserve the right to retain the Holding Deposit in lieu of expenses incurred
  • For Bookings made between the 1st and 31st of August for the next academic year you will not be able to cancel once you have accepted the terms of the agreement and competed the tenancy online. (Please refer to the Re-let policy / ‘No Place, No Pay’ policy)
  • Bookings made in and for the current academic year may not be cancelled once the terms of the tenancy have been accepted and the agreement has been completed (Please refer to the Re-let policy)
  • Failure to complete the Agreement: In the instance where a holding deposit is paid and the offer of accommodation is declined i.e. the tenant fails to manually or digitally sign a Tenancy Agreement, we reserve the right to retain the Holding Deposit in lieu of costs incurred.

Subject to the cancellation periods stated above once you have signed your tenancy agreement you will be legally bound by the terms stipulated in your tenancy document.

2. Once the Cancellation Period has expired or if you have collected the keys for your accommodation you will be legally bound by the terms and conditions of the Tenancy Agreement and will be liable to pay all the amounts due. You cannot terminate, or be released from your Tenancy, until such time that you have successfully re-let your room (see Re-let Policy). Please note that a room can only be re let at the higher of the rent specified on the tenancy agreement and the current prevailing rent. This may not necessarily be the same as the rent specified on the outgoing tenant’s agreement.  Any outstanding amounts on your account must be paid in full prior to the landlord agreeing to re let your room.  You are not permitted to sublet your room; all rental agreements must be made through Downing Students. In order for Downing Students to re let your room you must complete a Re let form and administration charges will apply.

3. No Place No Pay: Provided you have not collected your keys the following will apply: –

If your offer of a place at your preferred/current University/Higher Education Institution is withdrawn by the University/Higher Education Institution as a result of you not achieving their required entry grades or passing your end of year exams, you may be eligible to be released from this agreement. You may also be eligible to be released from this agreement if you are a prospective first year undergraduate student and you choose to go to a different University because you have exceeded your expected grades. To apply to be released from this agreement in the circumstances referred to above, you will need to supply us with a copy of:

• • a written rejection letter from your chosen university /college or UCAS or a screen shot of your UCAS status which confirms that the required results were not achieved; or
  • a copy of the proof of acceptance of your new university by UCAS adjustment.

These document(s) must be received by us within 7 calendar days from the date your results are published or by 1st September (which ever date is the sooner). Please email the documentation to info@downingstudents.com. On receipt of the required documentation it will be verified and, provided we are satisfied, we will cancel your agreement and refund your deposit in full.

4. If you cannot get a VISA to study in the UK and therefore do not have place at a UK University (either to study online remotely or on Campus) Provided that you have NOT collected the keys, and you have evidence in writing that your Visa and University application has been refused and due to this you no longer have a place on your course (either remote study or on Campus) , we will release you from the tenancy and refund the deposit, provided that you send this evidence to us within 1 week of your notification.

If the Tenancy has already commenced, and you have NOT collected your keys, you will be charged for the period from the ‘Tenancy Start Date’ to the date you send us with evidence that you have not been granted a VISA and do not have a place at a UK University, (and due to this you no longer have a place on your course)  provided that we receive the evidence in writing within 1 week of your notification.  If the tenancy has started and/ or you have moved into the accommodation prior to your Visa application being declined you will be responsible for the rent until we can find a student to rent your room.

5. Summer Let Cancellations:

Summer cancellation request made more than two weeks before the summer tenancy start date:

• • May be cancelled if evidence is provided to support reason for cancellation (e.g.no summer course, unable to meet conditions of offer etc)
  • In the case where the summer let is cancelled by Downing the Holding Deposit will be refunded
  • If customers want to cancel and are unable to provide supporting evidence to support the reason for the cancellation / they have changed their mind the Holding Deposit paid will be held in lieu of costs incurred

Summer cancellation requests made less than two weeks before the summer tenancy start date cannot be cancelled

6. Re-Let Policy:

Kindly note that our tenancy agreements do not allow you to sublet rooms.  Any customers who want to re-let their room need to complete the relevant ‘Re-let form’. If you require this form, please request it by email from your site team.

Any customers who are re-letting the previous tenants room need to compete the relevant tenancy agreement and be a full-time bona fide student who is acceptable to us.

An ‘Academic year’ covers the period 1st September to 31st August.

For bookings made before the 31st July for the next academic year

• • If you chose to Re-let your room, Downing Students will charge you £50 for costs incurred.  Downing Student reserve the right to deduct this amount from any credit balance on the account or the Security Deposit if applicable.
  • Re-lets cannot be for a section of the tenancy, must be for the full period of the tenancy.
  • Finding replacement tenant is your responsibility. Downing students will assist however please note we would prioritise direct available rooms.
  • Re-let is complete only when new tenant has signed their tenancy agreement and is outside their cooling off period.
  • Refunds will be processed when agreed and in line with the DPS / LPS

For Bookings made between the 1st August and tenancy start date for the next academic year.

• • If you chose to Re-let your room, Downing Students will charge you £50 for costs incurred.  Downing Student reserve the right to deduct this amount from any credit balance on the account or the Security Deposit if applicable.
  • Re-lets cannot be for a section of the tenancy, must be for the full period of the tenancy.
  • Finding replacement tenant is your responsibility.  Downing students will assist however please note we would prioritise direct available rooms.
  • Re-let is complete only when new tenant has signed their tenancy agreement and made their 1st rent payment.
  • Refunds will be processed when agreed and in line with the DPS / LPS

For Bookings made in and for the current academic year.

• • If you chose to Re-let your room, Downing Students will charge you £50 for costs incurred.  Downing Student reserve the right to deduct this amount from any credit balance on the account or the Security Deposit if applicable.
  • Re-lets must be for the full remaining term of the tenancy and for a minimum period of 8 weeks and to a full-time bona fide student who is acceptable to us.
  • Please note 48 hours are required between old tenant departing and new tenant arriving. Re-letting tenant is liable for this period.
  • Finding replacement tenant is your responsibility. Downing students will assist however please note we would prioritise direct available rooms.
  • Re-let is complete only when new tenant has signed their tenancy agreement and paid any fees due.
  • Refunds will be processed when agreed and in line with the DPS / LPS

PAYMENT OF HOLDING DEPOSIT/DEPOSIT AND AUTHORISATION OF FUTURE PAYMENT OF INSTALMENTS

1. When you complete your booking, you are agreeing to submit a Holding Deposit payment for your application.  On acceptance of the tenancy offer the Holding Deposit will be deducted from the 1^st rent payment and the rent account will be adjusted to reflect this.  On acceptance of the tenancy offer you are also agreeing to authorise the future payment of instalments in relation to the rent payable under the AST (“Future Payments“).
2. You may submit such payments using a credit card or debit card.
3. The prices of rooms are set out on the website and will be notified to you when you use the Online Booking Service.
4. You confirm that the credit/debit card that is being used is yours or that you have the authority of the card-holder to make the payments set out at Clause 1.  All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment we will not accept your booking and we will not be responsible for any delay or non-availability in relation to the room. We are not obliged to inform you of the reason for the refusal.
5. We are not responsible for the card issuer or bank charging you or the card-holder as a result of our processing of the credit/debit card payments in accordance with your booking.

RENTAL DISCOUNTS AND PROMOTIONAL OFFERS

1. Payment in Full Discount

Payment in full discount is only applicable when the following criteria is met:

a) You pay the full rental fees (minus the 1.5% discount) as specified in your tenancy agreement.

b) This payment is made on the due date specified in the tenancy agreement

c) You complete the full term as outlined in the tenancy agreement and do not re-let your room to another party during your tenancy.

If the above criteria is not met, the payment in full discount will not be applied to your account.

2. Rental Discount / Promotional offers

If you are offered a booking discount or qualify for any other promotional offer in respect of your rental, the booking discount or other promotional offer will only be applied to the rental specified in your tenancy document if the following criteria are met:-

a) all relevant paperwork is completed strictly within the period or periods specified in covering e-mails or letters to you;

b) there are no rental arrears on your account on the date the discount or promotional offer is to be applied;

c) you comply with all other qualifying conditions that have been notified to you.

Subject to the above, the discount or promotional offer will be applied to the final rental payment specified in your tenancy document. Offers are not transferrable and will become void if the agreement is terminated early.

3.  Any specified discount or promotional offer is not to be used in conjunction with any other discount or promotional offer that may otherwise be available.  This excepts any offer noted in point 1 above (full rental payment discount), which may be applied in conjunction with other discount or promotional offers

4. ‘Refer a Friend Offers’ will only apply to the property as advertised and to applications made in the Offer Period as advertised. To qualify for a ‘Refer a Friend Offer’ the following criteria will apply:

a) The Student making the referral (the ‘Referee’) must first have fully completed a tenancy agreement for the same Accommodation as specified in the offer prior to referring a friend (the ‘Referred’).

b) The Referred must not have previously made an application to, or resided in any properties owned or managed by Downing Students. The friend must book a room directly with Downing Students.

c) The Referred must then submit their application within the offer period, for the accommodation specified in the offer, using the Referee’s Downing Students ID and complete all the relevant paperwork strictly within the period or periods specified in covering e-mails or letters to them.

d) Provide there are no arrears on their account, The Referee will have the discount applied to their final payment as specified in their tenancy agreement, provided the Referred completes a Tenancy Agreement, pays a deposit and has submitted debit/ credit card details for the payment of their rent.

e) The offer will be void if the Referred is released from the Tenancy Agreement, for whatever reason, prior to the commencement date of their tenancy.

f) Any offer or discounts are not transferable.

g) Any agreed cash incentive or ‘cashback’ will be offset against the rental payments of the Referee. Where the account has been paid in full, payment will be made direct to the Referee’s bank account.

Equality & diversity

Downing Students are committed to providing services and environments which are free from discrimination, racism, bullying, harassment or victimisation.  Our policy is to treat everyone with dignity, integrity and respect. Tenants cannot raise objections in relation to other persons, tenants or staff which are based on race, gender, ethnicity or nationality which are considered discriminatory  in terms of equality and diversity.

Privacy Policy (prior to 24/05/2018)

Last updated 28/03/2014. See our updated privacy policy here

This privacy notice applies to personal data collected by Downing.  It does not apply to personal data collected by third parties through individuals, other organisations or via other websites.

Who we are:

Downing is a leader in the construction, development, provision and management of high quality purpose built student accommodation across the UK.

Personal information:

You may provide personal information to create an application and to set up payments with Downing.  Personal information which you provide to us may be used in the following ways:

• To create and process an application for accommodation
• To allocate and create a tenancy agreement, lease or licence
• To create a payment schedule and process payments
• For audit and statistical analysis
• For events and offers
• For fraud prevention
• For debt collection
• For the provision of personal contents insurance cover.

We will use the information provided to create a tenancy agreement or licence offered by Downing.  We will use the information to manage your account and to contact you when necessary throughout the duration of your contract.  We may also check and share your information with local authorities, statutory bodies and in relation to Downing Students, education establishments such as colleges and universities.

Third party information.

We will share your information in the following ways and where necessary.

• To local councils, statutory bodies and universities as required.
• To insurance brokers in the provision of insurance
• To debt collection agents, our solicitors or Guarantor for outstanding debts.
• To the preferred internet / Wi-Fi service provider to Downing.

How long do we keep this data?

Unless there is a specific or legal requirement we will not keep this date any longer than is necessary for the purpose it was collected or for which it may be further processed.

Your personal information:

You have the right to request access to your personal information.

You have the right to update your personal information.

You can do this by emailing info@downing.com

If you have any queries or complaints about how we use your personal information please contact us at info@downing.com.

COMPLAINTS PROCEDURE

OUR COMMITMENT:

Downing Students endeavours to provide exceptional service at all times.

We have a positive approach to complaints and regard complaints as an opportunity to receive feedback on our accommodation and services. Downing Students will strive to resolve complaints at the earliest point.

Downing Students will respond to all complaints in a professional manner. All complaints will be resolved promptly and we will endeavour to reach a satisfactory conclusion for both parties.

Downing Students will review how it delivers its service as a result of complaints that are received and will make changes and improvements where necessary.

HOW TO MAKE A COMPLAINT:

You can make a complaint in writing (by letter or email), by phone, or in person. We would encourage you to initially raise your complaint in person, either by phone or at Reception. Our staff will endeavour to resolve your complaint at this initial point of contact. If this is not possible then your complaint will be dealt with in accordance with the stages set out below.

All complaints must be made direct to the site that you have been dealing with. Any complaints that are sent to Head Office will be redirected to the relevant site for them to investigate in the first instance.

COMPLAINTS PROCESS:

Stage 1 Complaints will initially be dealt with at Stage 1 by the relevant Halls Manager. Your complaint will be investigated and we will endeavour to provide a written response within 10 working days of receiving your complaint. If you do not believe that your complaint has been treated fairly and correctly you can escalate your complaint to Stage 2, however you must state why you do not think your complaint has been treated fairly or satisfactorily.

Stage 2 At Stage 2 your complaint will be investigated by the relevant Regional Manager. We will endeavour to provide a written response within 10 working days of receiving your complaint. If you still do not believe that your complaint has been treated fairly and correctly you can escalate your complaint to Stage 3, however you must state why you do not think your complaint has been treated fairly or satisfactorily.

Stage 3 Stage 3 is the final stage of the Complaints Procedure. At Stage 3 your complaint will be reviewed by the Head of Operations. They will notify you of their decision in writing, normally within 10 working days of receiving your complaint. Their decision is final – there is no further right of appeal within Downing Students.

If you remain dissatisfied with the outcome of your complaint you can raise it with the ANUK Complaints Tribunal, https://www.nationalcode.org/forms/making-a-complaint. You must have exhausted our internal process before this is possible.

Terms and Conditions – City Club Apartments

You may view the property without obligation. Once you submit an application and pay a deposit we assume that you intend to proceed with a tenancy with Downing Living.

1. Tenancy: The property is let on an ‘Assured shorthold tenancy.’ (AST) Please see sample tenancy)
2. ID: Each adult must complete an application form and provide a current form of photo ID in line with the Right to Rent check legislation.
3. Costs: If you do not proceed with a tenancy or you cancel the application, you may incur charges for administration costs. If the Landlord cancels the application (for any reason) you will be refunded any deposit paid.
4. Deposit: A deposit must be paid to reserve the property. The deposit will be held as a damage deposit upon acceptance of the (AST) and is refundable in accordance with the terms and conditions of the application and tenancy agreement.
5. The Tenant: The tenant is responsible for the tenancy and rent whether or not they reside on the property for the full term of the agreement as specified in the tenancy terms and conditions and as outlined in the AST.
6. Guarantor: A UK based Guarantor is required for each tenancy to guarantee the terms and conditions and rent paid for the tenancy in accordance with the tenancy agreement. (not applicable to international students.)
7. Confirmation: You will receive an email to confirm receipt of your application and deposit paid.
8. Allocation: You will be allocated a property as requested and the allocation will be held for 2 weeks whilst the relevant references and rent checks are completed
9. References: References and credit checks will be undertaken for each applicant. Upon completion of all references and checks we will contact you with the tenancy offer, the terms and conditions of the tenancy and details of how we protect your deposit.
10. Right to Rent: Right to Rent checks are a legal requirement for Landlords (and / or) agents to be completed when renting private accommodation. All prospective tenants must provide relevant acceptable documents to confirm their right to rent in the UK.
11. Insurance: Personal contents insurance is included in the rent with Endsleigh Insurance. You have the option to review and upgrade the policy (as you choose).
12. No Smoking: There is a No Smoking policy in operation throughout all Downing Living properties
13. Inspections: Inspections of the property will be conducted from time to time for Health and Safety and maintenance/facility reasons. (Advance notice will be given in accordance with the tenancy, unless there is an Emergency situation when Emergency access is required)
14. Repairs: Downing Living offer a maintenance support team and out of hours emergency contact.
15. Pets are not allowed
16. Keys: Keys will only be issued to the person or persons specified in the tenancy agreement.
17. Breach of Tenancy: Where there has been a breach of the tenancy agreement (including the non-payment of rent) the Landlord or its agent reserve the right to seek eviction of the tenants but without prejudice to any obligations which the tenant may have under by virtue of the agreement.
18. Property: Every effort is made to ensure that the property information provided is correct. If you are unsure about the property please contact Downing Living. Please note that show-flat soft furnishing are for display purposes only and will not be provided in the rented apartments.
19. The Law: If you are unfamiliar with the law and your legal obligations in relation to the tenancy offered and terms and conditions, you should seek legal advice either from a solicitor or Citizens Advice Bureau.