UniGardens

Occupancy Agreement – Attachment A House and Common Area Rules

HOUSE AND COMMON AREA RULES.

ELIGIBILITY OF OCCUPANTS All Occupants must be a student enrolled in a recognised educational establishment. All Occupants must sign an Occupancy agreement. Occupants must not sub-let the apartment. All occupants must pay their occupancy fees including a utility levy, in advance by the agreed method.

BEHAVIOUR Acceptable behavior includes not interfering with another person’s living conditions or personal security. Unacceptable behavior will be dealt with appropriately. Repeated offences by a Resident may constitute grounds for early termination of their Occupancy Agreement, however, they will still be held responsible for Occupancy Fees until the apartment is re-let, and/or repaired. To clarify the term “repeated offences”, any more than one offence constitutes a repeat offence.

BUILDING SECURITY Occupants agree to be bound by the security regulations or to follow any instructions issued by UniGardens Management (verbally or in writing).

Under no circumstances are Occupants to provide non-occupants use of access cards or copies of common area or apartment keys. Lost cards must be immediately reported to UniGardens staff.

Occupants are responsible for the behavior of visitors and must understand that visitors are also bound by all the Rules of the Occupancy Agreement whilst in the facility. Residents agree to pay for any damage to property that their visitors cause.

NOISE LEVELS All Occupants and visitors must show consideration for neighbours. No excessive noise is permitted between 10:00pm to 7:00am, as in accordance with Law. Noise disturbances can potentially lead to eviction and or legal action.

REQUESTS FROM STAFF Occupants and visitors must comply with all reasonable requests from UniGardens Management.

SMOKING, ALCOHOL, DRUGS / ILLEGAL SUBSTANCES Smoking is NOT PERMITTED in any room, apartment or studio, or indoor area of the building. Smoking is only permitted on an outdoor balcony or in designated areas of the ground floor outdoor courtyard leading out from the common room area. Responsible consumption of alcohol is encouraged within apartments and only permitted in common areas of the building until 11pm each night. The use of / or being under the influence or in possession of any illegal substance in the building is strictly forbidden. Failure to comply with this rule may result in the immediate termination of this occupancy agreement and will result in the incident being referred to the relevant authorities.

APARTMENT, FURNITURE AND EQUIPMENT The furniture, and other items provided in your apartment are to be used for the purposes which they are designed for. You are liable for damage to this property. You are not permitted to make alterations or additions to the apartment or the furniture and equipment within the apartment, unless a request has been made in writing and approved by UniGardens Management. The installation of other furniture into a Resident’s apartment is not permitted unless a written application is submitted to, and approved by UniGardens Management. Every request will be considered separately and is dependent on the size of the apartment and furniture required.

PETS Occupants are NOT permitted to bring onto the premises or house any pets and animals in UniGardens, with the exception of fish.

CLEANING AND INSPECTION Occupants are responsible for the day to day cleaning of their apartment. In addition, UniGardens apartments will be randomly inspected for faults or damage after sufficient notice has been given. A vacuum cleaner is available (on loan to Occupants) during Reception hours and a UniGardens identification card is to be left with Reception. There is a 1 hour limit, and late returns will attract a non-refundable charge.

APARTMENT REPAIRS Contracted maintenance staff and other contractors attend to any damages or problems that occur on the premises. Replacement of consumables, such as light globes and washing liquids, are at the cost of the Resident. Occupants are liable for all damages or loss caused by negligence or misuse, and will be charged for any costs associated with its repair, including labour costs. It is understood that although reasonable steps will be taken to notify a tenant, maintenance and repairs may be carried out at any time with little or no notification to the occupant.

COMMON PROPERTY Occupants must not interfere with or damage any common property, nor leave anything on or obstruct the use of common property. Occupants are liable for all damages caused. All rubbish must be placed in the appropriate bins and not left for others to pick up. Shopping trolleys are not to be left on Unigardens grounds. Clothes or other articles must not be hung on any landing, stairway or any other part of the common property (that is, outside an apartment), or on any part of the exterior of the building.

Occupants can only secure a basement car space by entering a standalone agreement with management. Only those occupants authorised by UniGardens management can occupy a car park. This authorisation is subject to availability and must always be paid at least one month in advance. Occupants with a car park can only use the car park allocated to them and under no circumstances park in another.

Bicycles are not permitted into the building and are not to be stored on any part of the common property within the building.

No signs in relation to sale or lease of an apartment or advertising material are allowed to be displayed without prior approval of the UniGardens Management.

FIRE SAFETY Occupants must never cover or tamper with smoke/heat detectors in apartments or common areas. Occupants must evacuate the building if the Fire alarm is sounded and gather in the assembly areas as outlined in the Site Fire Evacuation Management Plan.

STUDENT VACATION Occupants must notify management of if they will be away from their unit for more than one week. Please notify Reception if you will be giving anyone access to your room / apartment while you are away.

OVERNIGHT GUESTS Occupants may have visitors stay overnight with a maximum stay of 3 nights. Occupants must notify Reception of guest’s full names and dates of stay.

If Occupants are living in a Shared Apartment (Two Bedroom or Multishare), guests must stay within the Resident’s room and not common lounge areas.

At all times, the decision of a guest staying overnight is at the discretion of the UniGardens Management.

CHILDREN Children can stay in UniGardens with their parents only with express written authorization from UniGardens management.

It is clearly understood that excessive noise or any other disruption caused by children is considered a breach of this agreement and management will have discretion to terminate the agreement with 2 weeks notice.

Behaviour

1. Violence of any kind will not be tolerated.

2. Physical or verbal harassment of any kind will not be tolerated. This includes abusive

or offensive language, violence, intimidation, any form of recognised discrimination

under ACT Law, and any excessive disturbances to other Occupants.

3. Occupants are to take reasonable care of all UniGardens equipment and property,

and must respect the privacy and personal property of other occupants, staff, and

visitors.

4. Firearms, weapons, and items considered dangerous or containing toxic or explosive

substances are not permitted on the grounds of Unigardens.

5. Occupants are not to make excessive noise in the premises or unit at any time. Noise

is to be kept to a minimum between the hours of 11pm and 7am.

6. Occupants are not to interfere with smoke detectors in any way and must report any

faults to Unigardens property management.

7. Occupants are bound by law to respond to all fire alarms, fire drills, evacuations and

directions of Unigardens Fire Wardens and/or ACT emergency services personnel.

8. Inappropriate behaviour of a sexual nature towards other Occupants or visitors is not

permitted at any time. Any forms of indecent exposure will also not be accepted by

UniGardens Management.

9. Occupants are not permitted to keep pets or animals in their apartments without

written consent of management.

10. The consumption or dealing of illicit drugs (including prescription medications or

otherwise), will not be tolerated and any incidences that are deemed to be illegal will

be referred to the relevant authorities.

11. Occupants over 18 years of age are permitted to consume alcohol in a responsible

manner within their own apartments. Drinking alcohol in common areas is not to

occur past 11pm.

Guests

1. No squatters will be tolerated. Stay-over guests shall abide by all UniGardens rules.

2. Management must always be informed of guests.

3. A resident is permitted to have one guest to stay for three consecutive nights in their

room, providing that the guest is aged over 18 years and must not be a person

subject to either a site-ban or eviction.

4. Occupants have priority use over guests in all areas and over all facilities of

UniGardens.

5. Occupants are responsible for the behaviour of their guests. Guests also adhere to

the UniGardens House and Common Area Rules.

Responsibilities/Upkeep: Occupants shall:

1. Occupants shall share responsibility for clearing the unit mailbox and to personally

deliver mail to other household members.

2. Occupants shall draw up a roster so that an equal share of cleaning each week of all

communal areas (kitchen, lounge, bathroom and toilets) occurs to ensure they

remain hygienically clean.

3. Occupants are to ensure that the rubbish bins in the common areas are emptied

daily.

4. Occupants are to keep the kitchen area hygienically clean and tidy and clean up any

spills/breakages immediately.

5. Occupants must leave the bathroom/toilet area clean and tidy after use and not use

excessive amounts of hot water.

6. If a dispute arises, Occupants are to resolve the matter themselves in a timely,

mature, and non-violent way. Where a matter cannot be resolved, Occupants should

alert UniGardens management for assistance.

7. Occupants agree to participate in decision making, and attend any relevant meetings

that affect their residency at UniGardens.

8. Occupants are to allow for equal access to communal areas of the building to all

other Occupants.

Occupancy Agreement – Attachment B The Grantor and Occupant’s Obligations and Schedule of Resident’s Fees

1 The Grantor’s Obligations

The Grantor shall allow, subject to the performance of the Occupant’s obligations as set out in Clause 2, the Occupant to:

a) occupy the Apartment listed on the front page of this Occupancy Agreement

b) have the use of the fixtures, fittings and furnishings in the Apartment; and

c) have access to the services provided under the terms of this Occupancy Agreement by the

Grantor (the Services).

2 The Occupant’s Obligations

2.1 General

2.1.1 The Occupant shall pay:

a) the Occupancy Fee from the Commencement Date and on every agreed installment

date thereafter, always four (4) weeks in advance; and b) agrees to pay the Occupancy Fee by Direct Debit from their nominated bank or credit

union account or via Centrepay from their Centrelink entitlement into a nominated bank or credit union account of the Grantor; and c) all sundry charges, cleaning or other services (which shall be charged separately to

the Occupant and payable in full on the date coinciding with the next Occupancy Fee installment date after the date on which they are accrued. Telephone and Data services are payable in advance).

2.1.2 The Occupant hereby agrees that any rights which the Occupant may be granted pursuant to this Occupancy Agreement, are always and shall remain always subject to the exclusive right of the Grantor to have possession and control over the Apartment. The Occupant hereby agrees that, subject to the Occupant’s rights in Clause 4, the Grantor may exercise unrestricted control over, access to and use of the Apartment at all times during the term of the Occupant’s Occupant Agreement.

2.1.3 Subject to Clause 9, the Occupant also understands that he/she is not allowed to arrange

substitute Occupants. The Occupant is not allowed to pass on their Occupancy Agreement to a friend or other person.

2.1.3.1 In addition to the Occupant’s obligations as set out in this Occupancy Agreement, the

Occupant covenants as follows:

(a) to use the Apartment (or share the Apartment as the case may be) as the Occupant’s private residence and not do anything or allow anything to happen in the Apartment or in the building to the annoyance or nuisance of the Grantor or any other Occupant or person occupying an Apartment or part of the building and shall not do anything or allow anything to happen which may invalidate or lead to the increase in the premium of any insurance policy in relation to the Apartment or the building.

(b) not, without prior written consent of the Grantor, to make any alterations or additions to the Apartment or improvements thereto nor to remove any fixture, fitting or piece of equipment of any nature whatsoever.

(c) not to assign, sub-let, transfer, convey or in any way deal with the rights created under the terms of this Occupancy Agreement and at all times retain control and occupation of the Apartment and the improvements thereon.

(d) to use the building’s services including the mechanical services of the Apartment or building only for the purposes for which they are constructed and shall not do, permit or suffer to be done any act or thing which might affect or damage same and any damage thereto caused by misuse shall be made good by the Occupant or at the Occupant’s cost.

(e) shall not obstruct any of the public areas of the building or any part thereof.

(f) shall not use any equipment which will or is reasonably likely to overload the cables, switchboards or sub-boards through which electricity is conveyed to the Apartment or contained in the building.

(g) shall comply in every respect with all lawful notices and directions given to the Occupant by the Grantor or its authorized representative.

(h) give immediate notice to the Grantor of any infectious illness occurring in the Apartment and shall, if required by the Grantor, thoroughly fumigate and disinfect the Apartment to the satisfaction of the Grantor and any health authorities having jurisdiction with respect to same.

(i) to comply with the rules and regulations made by the Grantor in accordance with the UniGardens House and Common Area Rules.

2.2 Cleanliness and damage to the Premises

(a) From time to time the Occupant will substantially clean the Apartment and the

Occupant will at all times keep the Apartment in good order and condition as at the Commencement Date (b) The Occupant must take reasonable care to avoid damaging the Apartment and

any common areas.

(c) The Occupant must give notice to the Grantor of any damage to the Apartment as

soon practicable.

2.3 Behaviour

(a) The Occupant agrees not to engage in unacceptable behaviour that includes,

but is not limited to: (a) intentionally causing injury or harm to another person;

(b) real or perceived violence or threat of violence;

(c) causing damage to the property of the Grantor or personal property

contained in the building;

(d) producing excessive or loud noise;

(e) not respecting the rights, attitudes and beliefs of other persons;

(f) behaving in an offensive or threatening manner; or

(g) threatening the safety or well-being or harassing another person.

(b) If the Occupant’s behaviour is deemed unacceptable by the Grantor, or Staff

Member of UniGardens on-site management, they may take such action as deemed necessary, including:

(a) termination of this Occupancy Agreement in accordance with clause 7;

(b) removal from the building;

(c) probation;

(d) fine;

(e) community service; and

(f) apology.

2.4 House and Common Area Rules

The Occupant acknowledges they have read the House and Common Area Rules for UniGardens provided as a part of this Occupancy Agreement, and agrees to comply with the regulations set out in it as approved or amended by the management of UniGardens. Changes may be made from time to time and notified to the Occupant in writing.

The Occupant acknowledges they have reviewed and agreed to comply with and uphold such House and Common Area Rules.

The Occupant agrees to abide by the directions given by any employee of UniGardens or the Grantor.

3. Termination by Resident

(a) The Occupant agrees to give the Grantor 4 weeks written notice if they intend to break their Occupancy Agreement before the Termination Date and pay the $500 early termination charge on top of any other charge, unless otherwise agreed with the Grantor.

(b) The Occupant acknowledges that if this Occupancy Agreement is terminated by him/her prior to the completion of the Period, he/she will remain liable to pay the full Occupancy Fee for the remainder of the fixed contract Period until another Occupant is found to occupy the Apartment and commences his/her residency. The Occupant agrees to make all reasonable endeavors to locate another Occupant, with or without assistance from the Grantor, acceptable to the Grantor.

(c) The Occupant agrees that:

(a) If the Occupancy Fee is not paid, then the Grantor will undertake

all necessary legal efforts to recover such a Fee; and

(b) If there is a requirement to apply to have funds released from the Security

deposit and there are insufficient funds to cover any costs, the Occupant will be liable to pay the difference.

(c) The Occupant agrees that the Early Termination Fee will be paid prior

to departure.

4. Departure

(a) The occupant will ensure that the unit is professionally cleaned and prepared for another occupant. Receipts will need to be provided.

 (b) In addition, the occupant will arrange a Steam carpet shampoo upon

departure. The occupant may nominate UniGardens management to deduct $120(GST Inc) from the occupant’s security deposit as payment for the carpet shampoo. (c) In the event that the apartment is not sufficiently cleaned, the

occupant agrees to allow management to deduct a cleaning fee (min $120(GST Inc) from the security deposit.

Departure time is 10am where access cards and keys need to be surrendered to reception.

4. The Grantor’s Rights

Without limiting in any way Clause 2.1

(a) An employee of UniGardens may enter the Apartment without notice if that person reasonably believes that there is a valid need for them to do so. Examples of valid reasons (though not exhaustive) are to deliver parcels and mail,

to carry out repairs and maintenance, to investigate possible illegal activities. Otherwise, the Grantor shall have the right to enter and view the Apartment at all reasonable times with reasonable notice.

(b) The Grantor shall at all reasonable times have the right to enter with workmen and all necessary equipment upon giving the Occupant reasonable notice for the purposes of carrying out any work which the Grantor may be bound to carry out or otherwise may deem desirable provided that in so doing, the Grantor shall endeavour to cause as little inconvenience to the Occupant as is practicable.

(c) The common areas and facilities of the building (which shall be all parts of the building other than any apartment) shall at all times be subject to the control of the Grantor who shall have the right from time to time to establish, modify and enforce rules and regulations with regard thereto.

(d) The Grantor shall be absolutely entitled to make whatever rules and regulations (permitted by law) it thinks fit with respect to the limitation, prohibition, use or transportation of any form of medication, drugs or alcohol or the consumption thereof within the Apartment or the building.

(d) The Grantor may have the right to enter without notice in case of

emergency and to exercise any rights it has upon default by the Occupant.

Resident's Rights

Subject to the compliance by the Occupant with the obligations imposed by this Occupancy Agreement, the Occupant shall have the right to quiet enjoyment of the Apartment (subject to rights of other Occupants that may share the Apartment), to occupy or share the Apartment and to use the Services from the Commencement Date until the Termination Date referred to in this Occupancy Agreement.

Security Deposit

(a) The Occupant shall pay a security deposit to the Grantor to be held for and on behalf of the Occupant during the term of this Occupancy Agreement or any further period in which the Occupant may occupy the Apartment. At the time that the Occupant ceases to occupy the Apartment and provided the Apartment is in a clean and habitable condition and no damage has been caused to any part of the Apartment or its furniture, fittings or equipment, application shall be made to release the Security Deposit to the Occupant, without deduction, within fourteen (14) days of the Occupant vacating the Apartment subject to paragraph (c).

(b) If in the opinion of the Grantor the Apartment is left by the Occupant otherwise than in a clean, habitable and undamaged condition, the Grantor may at its discretion apply such amount or amounts as may be necessary from the security deposit to restore the Apartment to a clean, habitable and undamaged condition. If the security deposit is insufficient to meet the cost of such restoration, the Occupant shall pay the Grantor on demand the amount by which the cost of such restoration exceeds the security deposit. If the cost of such restoration is less than the security deposit, the amount by which the security deposit exceeds the cost of such restoration shall be repaid to the Occupant.

(c) The Occupant shall also be entitled to apply to the relevant authority to deduct from the security deposit any arrears of the Occupancy Fee or other outstanding charges which may be owing at the time.

(d) At the Commencement Date the parties shall each complete and sign

a condition report and a copy shall be retained by each party.

(e) The Occupant acknowledges and agrees that any interest earned on the security deposit shall not form part of the security deposit and shall not be payable by the relevant authority holding the security deposit to the Occupant in any circumstances.

(f) The Occupant acknowledges and agrees that if he/she has

breached the Occupancy Agreement:

(a) The Occupancy Fee must be paid until another Occupant is found and commences his/her Occupancy, or until the Occupancy Agreement ends, whichever occurs first.

(b) If the Occupancy Fee is not paid, then an application to the relevant authority will be made to have it deducted from the security deposit.

(c) Should the amount of the security deposit be insufficient to cover

the Occupancy Fee the Occupant will be liable to pay the difference.

5. Default by an Occupant

(a) Each of the following constitutes an Event of Default by the Occupant:

(i) the Occupant fails to pay an amount due under clause 2.1 on its due date and such amount remains unpaid for seven days (whether or not any formal or legal demand shall have been made); or

(ii) the Occupant, breaches or permits or allows to occur any breach or default in performance and observance of any of the provisions of this Occupancy Agreement or the rules and regulations set out in the UniGardens House and Common Rules and such breach or default continues for fourteen (14) days after the service of a notice on the Occupant requiring the Occupant to remedy the same subject to paragraph (iv); or

(iii) the Occupant resorts to or takes advantage of any law for the protection of insolvent people, becomes bankrupt or commits an act of bankruptcy; or

(iv) the Occupant commits an act which justifies 'immediate eviction 'which is outlined

in the UniGardens House and Common Area Rules.

If any one or more Events of Default set out in Clauses 7(a)(i) to (iv) inclusive occurs, it shall constitute and be deemed to be a repudiation of this Occupancy Agreement by the Occupant giving rise to the right of the Grantor to seek to have the Occupancy Agreement terminated and withdraw the Services and on reasonable notice shall have the right to accept such repudiation and re-enter the Apartment whereupon any rights created under this Occupancy Agreement in favour of the Occupant shall be determined.

(b) The Grantor may expel and remove the Occupant without being guilty of any manner of trespass and without prejudice to any action or other remedy which the Grantor has or might or otherwise could have had for arrears of the Occupancy Fee or Sundry Charges or breach of covenant of for damages of or flowing from such repudiation and its acceptance thereof any determination and forfeiture of this Occupancy Agreement.

(c) The Grantor shall be entitled to recover any loss arising from the default of the

Occupant including any loss or damage the Grantor may suffer as a result of the termination of the Occupancy Agreement prior to the date of termination referred in the Agreement, the Grantor shall be freed and discharged from action, suit, claim or demand by or obligations to the Occupant under or virtue of this Occupancy Agreement.

(d) The Grantor may upon re-entry remove from the Apartment any fixtures and fittings of the Occupant or personal property of the Occupant and store such property at the cost and for the account of the Occupant without being deemed guilty of conversion or become liable for any loss or damage occasioned thereby provided however that the Grantor shall not be under an obligation (other than to adhere to the Uncollected Goods Act 1996 (ACT))to store any such fixtures, fittings or personal property for a period in excess of three months from the date of re- entry and at the expiration of such period such fixtures and fittings or personal property may be sold by the Grantor and the Grantor may deduct from the proceeds the costs of removal, storage, preservation, and insurance (if any) of such fixtures and fittings and arrears of Occupancy Fee and any other monies owing by the Occupant to the Grantor pursuant to the terms of this Occupancy Agreement.

(e) Any notice required to be served under this Occupancy Agreement shall be sufficiently served on the Occupant if served personally or if delivered to or left at the Apartment or forwarded by Express Post to the last known place of abode of the Occupant and shall be sufficiently served on the Grantor if addressed to the Grantor and left or sent to its registered office set out in this Occupancy Agreement.

6. Academic Progress

The Occupant agrees that:

the Occupant is required to notify, in writing within 2 working days, the management of UniGardens or the Grantor of the completion, termination or suspension of the Occupant’s course of study.

(a) if the Occupant’s course of study is completed, terminated or suspended,

the Grantor may seek to terminate this Occupancy Agreement.

(b) the management of UniGardens, and other Staff Members may seek to access the Occupant’s enrolment details and academic progress for the purposes of determining the Occupant’s status as a student of any recognised educational establishment.

7. Privacy

7.1 Information collected

The information about the Occupant which the Grantor may collect through this Occupancy Agreement will include any information provided in accordance with this Occupancy Agreement or that is provided during the course of the Occupancy Agreement. If the Occupant does not provide this information the Grantor may not be able to grant the Occupant an Agreement or continue to provide services to the Occupant under this Occupancy Agreement.

7.2 Use and disclosure of information

The Grantor may share personal information with the relevant educational establishments that the Occupant may attend for the purposes of completing recognised tertiary studies and other affiliated entities and with third parties including any related entity of the Grantor. The Grantor may also share personal information with other service providers including organisations that assist us by providing archival, auditing, consulting, mailhouse, delivery, technology and security services.