By law, a cooling-off period has to be given for many things ordered online – but a coolingoff period is not a legal requirement in contracts for residential accommodation. Derwent Students does allow bookings to be cancelled in certain circumstances, as set out below. Derwent Students does not allow bookings to be cancelled by tenants or prospective tenants in any other circumstances. Cancellations during the Initial Cancellation Period You have a short period after accepting an offer of accommodation in which you may cancel your booking. In this policy, we refer to this period as the “Initial Cancellation Period.” The duration of the Initial Cancellation Period depends on when you accept the offer of accommodation.
• If you accept the offer of accommodation on or before 12th August before the start of your tenancy, the Initial Cancellation Period is three working days starting on the day you accept the offer. Your cancellation request must reach us by the end of the third working day after you accept the offer or, if sooner, before you move into your accommodation.
• If you accept the tenancy agreement after 12 th August before the start of your tenancy the Initial Cancellation Period is one working day starting from the day you accept the offer of accommodation. Your cancellation request must reach us by the end of the next working day after you accept the offer, or, if sooner, before you move into your accommodation. To cancel during the Initial Cancellation Period, You must give notice in writing to the site office of the property you have booked. The notice may be sent by post or email, but not SMS. The notice must state clearly that you are cancelling your booking (for example, an email saying that you are reconsidering whether university is right for you will not be treated as a cancellation notice). The notice must arrive at the site office within the Initial Cancellation Period. Cancellations at other times After expiry of the Initial Cancellation Period, there is no right to cancel, but your landlord may agree (in the landlord’s discretion) to accept a cancellation if any of the following circumstances apply.
• You are a first-year or a prospective student and your offer at your first choice of University\Higher Education Institution has been withdrawn as a result of you not meeting entry requirements. You must put your request in writing to Info@derwentstudents.com for the attention of the Regional Manager and send us supporting evidence from the University or UCAS within three working days of receiving notification that your offer of a place on the course has been withdrawn.
• Your UK Visa application has been refused. You must put your request in writing and send us supporting evidence within five working days to Info@derwentstudents.com for the attention of the Regional Manager of you receiving official confirmation that your application has been refused.
• Mitigating circumstances such as ill health or family circumstances. If you request to cancel due to ill health you must make your request in writing to Info@derwentstudents.com for the attention of the Regional Manager and produce a certificate from a recognised medical practitioner stating the medical grounds on which you are unable to live in, or continue living in, your accommodation. There is no deadline for making a cancellation request on these grounds. Provided it has been received by any applicable deadline, each request for cancellation will be considered on its merits, taking into account any supporting evidence that you provide. If your cancellation request is granted, you will receive written confirmation of the date your tenancy agreement was cancelled. Deposits and pre-paid rent will be refunded (but if you have been living in the accommodation, we may make deductions from your deposit and apportion rent for the period up to cancellation). If your cancellation request is refused, you may still be able to cancel if you can find a suitable replacement who is acceptable to the landlord and willing to enter into a legally binding contract for your accommodation. It is your responsibility to find a suitable replacement tenant. In most cases a prospective tenant will not be suitable if he/she is already renting a room from the landlord or bound into another contract. Derwent Students will only assist you with finding a replacement tenant if all the other rooms on site are already let and we have applicants on a waiting list. If Derwent Students accepts the request for the cancellation of your tenancy, you will receive written notification and be provided with a release date. (In the case of tenants who need to find a replacement, the release date will not be until the replacement enters into a tenancy agreement). You will remain liable to pay rent for the period before the release date or, if later, until you vacate your room and hand in your keys and any other access devices. If your cancellation request is rejected, you will remain liable for all the obligations in your tenancy agreement, including payment of rent, whether you occupy the accommodation or not. Cancellation Fees There is no fee to pay if you cancel within the applicable Initial Cancellation Period. If you ask us to cancel your tenancy agreement after the Initial Cancellation Period, we may charge you a fee, but you will not be asked to pay more than: (a) The loss suffered by the landlord as a result of ending the tenancy; (b) The Agent’s reasonable costs in respect of termination. Usually this will be an administration fee of £50 for arranging the cancellation and any sums you owe under the Tenancy Agreement (such as Rent arrears and damages). There is no cancellation fee to pay if we do not agree to cancel.