Garth Heads

Cancellation Policy

2024/25 Academic Year

What if I sign/signed my contract on or before the 31st July 2024?
Up to and including the 31st July 2024, you can sign your contract but then request to cancel within 3 days of signing your contract. This is known as your 3 day cooling-off period (as once you sign the contract and surpass this 3 day period, you’re tied into the contract).

To inform us that you wish to cancel, you must submit a Cancellation Request on your online portal account under the “Your Requests” tab within your 3 day cooling-off period. The Sales Team would then check your online portal request was made within your 3 day cooling-off period, and if you are, they’d let you know the next steps.

If however you signed your contract on or before 31st July 2024, but you request to cancel outside of your 3 day cooling-off period, then you will be tied into the contract until a suitable replacement tenant is found and the replacement subsection of clause 9 of your contract is met. The replacement would pay the room type price displayed on our website at the time of their application being submitted  –  not the price on your contract.  You would however still need to inform us that you wish to cancel, so please submit a Cancellation Request on your online portal account under the “Your Requests” tab. The Sales Team would then let you know the next steps.

If your tenancy has started and you have occupied the Room, you will be charged £50.00 to cover our costs of preparing the Room for the replacement Tenant.
 

What if I sign/signed my contract on or after 1st August 2024?

If you sign your contract on or after 1st August 2024, you will be immediately tied into the contract as we do not offer a cooling off period on or after this date. You will be unable to cancel your booking unless a suitable replacement student is found and the replacement subsection of clause 9 in your contract is met. The replacement would pay the room type price displayed on our website at the time of their application being submitted  –  not the price on your contract.

You would however still need to inform us that you wish to cancel, so you’d need to submit a Cancellation Request on your online  portal account under the “Your Requests” tab.  The Sales Team would then review your cancellation request and get back to you with the next steps. Just to confirm, you would need to find a suitable replacement for your room as per clause 9 of your contract.

If your tenancy has started and you have occupied the Room, you will be charged £50.00 to cover our costs of preparing the Room for the replacement Tenant.

When will I be released from the contract?

You will only be released from your contract if one of the below options are met (and you’re eligible for that option):

• If you email us within your 3-days cooling-off period to inform us that you wish to cancel, and you have submitted your online dwell portal cancellation request which has been accepted by us
• If a suitable replacement tenant is found and the replacement subsection of clause 9 in your contract is met  (the replacement would pay the room type price displayed on our website at the time of their application being submitted  –  not the price on your contract)
• If you sign a new contract with us at dwell Student Living and you sign the new contract (and surpass the 3 days cooling-off period, if applicable)

If a suitable replacement tenant is found for your room (and the replacement subsection of clause 9 of your contract is met) before your contract start date, we will release you from your contract once the new tenant has signed their contract (and surpassed the 3-days cooling-off period, if applicable).

However, if a suitable replacement tenant is found for your room (and the replacement subsection of clause 9 of your contract is met) after your contract start date, we will release you from your contract from the date that the new tenant’s contract starts. This means that you’d be liable for the room’s rent up to the date that the new tenant’s contract starts.

To confirm, once a suitable replacement tenant has been found to take over your contract, there are a number of actions to be completed before we can release you from your contract. This is the replacement subsection of clause 9 stated in your contract, but we’ve also included them below:

• A replacement tenant has been found who has been approved by us as a suitable tenant
  you have paid any administration fees owed to us for transferring your tenancy along with any rent owed on the room up to the end of your tenancy period
• Paid any reasonable charges that are ascertained during an inspection of the flat and room at the end of your tenancy period
• The new tenant would pay the room type price displayed on our website at the time of their application being submitted  –  not the price on your contract
• The new tenant has paid any deposit and any rent owing on the room
• The new tenant has signed a tenancy agreement with us for a period that is equal to the rest of your fixed term
• The new tenant has provided all documents required, including guarantor information if applicable

Failure of a new tenant signing a tenancy agreement for the room and fulfilling all criteria will mean you are liable for all rent on the room until the end date set out in the principals of your contract.

If your tenancy has started and you have occupied the Room, you will be charged £50.00 to cover our costs of preparing the Room for the replacement Tenant.

Special Circumstances (outside the scope of the above points):

1st Year Guarantee:

If you’re going into your 1st year at university (applicable to Foundation or 1st year Undergraduate students only, full details below*), and you unfortunately do not achieve the required grades for your course, you will be released from your contract providing we receive a cancellation request and results evidence within 48 hours of your results being published (both submitted on your dwell portal).

Your results supporting evidence can be supplied from UCAS or your college/university showing your full name and the results outcome. Please submit your Cancellation Request on your online dwell portal account under the “Your Requests” tab, where you can also attach a copy of your supporting evidence. If we were able to release you from the contract due to this criteria being met, any deposit or rent payments already made will be refunded in full

*This section applies to anyone going into their 1st year of study of a Foundation course, or their 1st year of an Undergraduate degree.  Please note:  if you’ve already had a Foundation year, but then apply to live with us for your 1st year of an Undergraduate degree but wish to cancel your accommodation based on this ‘1st year guarantee’, it wouldn’t be applicable to you unfortunately as you had already studied your 1st year as the Foundation course – so you’d technically be in your 2nd year of study

International Students:

If you are coming to study from outside of the UK, and you require a VISA for this study but your VISA application is unfortunately denied, then you are able to cancel your contract as long as your contract has not yet started. You will also need to provide one of the following as supporting evidence, and there will be no penalty for your cancellation:
1) Confirmation of your VISA rejection or
2) Confirmation of failure to gain University place

We would still need you to submit your Cancellation Request on your online portal account under the “Your Requests” tab, where you can also attach a copy of your supporting evidence. If we were able to release you from the contract due to this criteria being met, any deposit or rent payments already made will be refunded in full.

If your tenancy has started and you have occupied the Room, you will be charged £50.00 to cover our costs of preparing the Room for the replacement Tenant.

2023/24 Academic Year

Cancellations during the 2023/24 academic year / tenancy period

If your booking is for the 2023/24 academic year, then as soon as you sign the contract, you are tied into it as it has surpassed the 31st July 2023  (this was the cut off date for a 3 day cooling off period when signing).  So if you signed a contract for 2023/24 on or after 31st July 2023, you’d be tied into the contract immediately.

We are unable to cancel any contract unless a replacement tenant is found (and the replacement subsection of clause 9 in your contract is met) as detailed above. You’d be liable for the room’s rent up to the date that the new tenant’s contract starts. All cancellation requests should be submitted to your site team using your online dwell portal account under the “Your Requests” tab.

You will only be released from your contract if a suitable replacement tenant is found for your room (and the replacement subsection of clause 9 of your contract is met), including all of the below details:

• A replacement tenant has been found who has been approved by us as a suitable tenant
• You have paid any administration fees owed to us for transferring your tenancy along with any rent owed on the room up to the end of your tenancy period
• Paid any reasonable charges that are ascertained during an inspection of the flat and room at the end of your tenancy period
• The new tenant has signed a tenancy agreement with us for a period that is equal to the rest of your fixed term
• The new tenant has paid any deposit and any rent owing on the room
• The new tenant has provided all documents required, including guarantor information if applicable

If a replacement student meets the above criteria, then you’d be liable for the rent of the room up to the contract start date of the replacement’s contract start date. Your site team would tell you how much you owe, and would confirm with you once you are released.

Failure of a new tenant signing a tenancy agreement for the room and fulfilling all criteria will mean you are liable for the full rent on the room until the end date set out in the principals of your contract.

If your tenancy has started and you have occupied the Room, you will be charged £50.00 to cover our costs of preparing the Room for the replacement Tenant.