Terms & Conditions
Cardiff Sixth Form College Terms and Conditions
1 Introduction
1.1 Terms and Conditions : These Terms and Conditions reflect the custom and practice of
independent schools for many generations and together with:
1.1.1 the letter of offer;
1.1.2 the Conditions of Award if applicable;
1.1.3 the acceptance form; and
1.1.4 the fees list
they form the basis of a legally binding contract between the Parents and the College for the
provision of educational services. These Terms and Conditions are intended to promote the
education and welfare of pupils and the stability, forward-planning, proper resourcing and
development of the College.
1.2 Variations: these Terms and Conditions, the Conditions of Award (if applicable) and the fees
list are subject to change from time to time to reflect changes in the law or in custom and
practice at the College.
1.3 Fees and Notice: The rules concerning Fees and Notice are of particular importance and are
set out in Section 4 and Section 9.
1.4 Managing change: The College, as any other school, is likely to undergo a number of
changes during the time your child is a pupil here. Please see Section 11 for further details
of the changes that may be made and the consultation and notice procedures that will apply.
2 Terminology
2.1 College or We or Us: means CSFC Limited trading as Cardiff Sixth Form College as now or in
the future constituted (and any successor). The College is constituted as a private limited
company.
2.2 College Governors: means the Governors of the College who are appointed from time to
time under the terms of its governing instrument and who are responsible for governance of
the College.
2.3 Head or Principal: means the Head or Principal of the College as appointed by the College
Governors. The Head is responsible for the day-to-day running of the College.
2.4 Parents or You: means any person who has signed the acceptance form. The Parents are
legally responsible, jointly and severally, for complying with their obligations under these
Terms and Conditions. Fees payable by a third party (for example, an employer,
grandparent, step-parent without Parental Responsibility or third party credit provider) will
only be acceptable to the College if a separate agreement between the College, the Parents
and the third party is entered into and the College is satisfied as to the identity of the third
party and/or the source of the funds. Please also see clause 4.3, 4.15 and clause 11.5.
2.5 Parental Responsibility: Those who have Parental Responsibility (i.e. legal responsibility for
the child) are entitled to receive relevant information concerning the child whether or not
they are a party to this contract unless a court order has been made to the contrary, or there
are other reasons which justify withholding information to safeguard the best interests and
welfare of the child.
2.6 Pupil: means the child named on the acceptance form. The age of the Pupil will be
calculated in accordance with British custom.
3 Admission and entry to the College
3.1 Registration and Admission: Applicants will be considered as candidates for Admission and
Entry to the College when the registration form has been completed and returned to Us and
the non-returnable Registration Fee paid. Admission will be subject to the availability of a
place and the Pupil and the Parents satisfying the admission requirements at the relevant
time. The admissions requirements are set out in the College’s Admissions Process current
at the time and published on the College’s website. Admission occurs when the Parents
accept the offer of a place. Entry occurs on the date when the Pupil attends the College for
the first time under these Terms and Conditions .
3.2 Equality: The College is a boarding and day school for boys and girls aged from 15 years. The
College welcomes staff and children from many different ethnic groups, backgrounds and
creeds. Human rights and freedoms are respected. At present, our physical facilities for
individuals with physical disabilities are limited but We will do all that is reasonable to
ensure that the College’s culture, policies and procedures are made accessible to children
who have disabilities and to comply with our legal and moral responsibilities under equality
legislation in order to accommodate the needs of applicants and pupils who have disabilities
for which, after reasonable adjustments, We can cater adequately.
3.3 Offer of a place and deposit: A deposit (Acceptance Deposit) as shown on the fees list for
the relevant year will be payable when the Parents accept the offer of a place. The
Acceptance Deposit will be retained in the general funds of the College until the Pupil leaves
and will be repaid upon request by the Parents unless the Parents wish to donate the
Acceptance Deposit to the College by way of gift. See clause 9.7 for terms relating to the
deposit on termination / cancellation.
3.4 Immigration: The College currently holds a Child Student sponsor licence. The Parents must
inform the Head when returning a completed registration form or at any other time if their
child requires sponsorship from the College in order to obtain a visa to study at the College.
It shall be the Parents’ responsibility at all times to ensure that their child has the
appropriate immigration permission to live in the United Kingdom and to study at this
College and the Parents shall permit College] to take and retain copies of all documentation
required to be kept by the College in order to comply with its duties as a Child Student
sponsor, including passport, visa, vignette and /or biometric resident permit of the child and,
where necessary, the Parents. The Parents shall immediately inform the College of any
intended or actual change in the Pupil’s accommodation arrangements during their period of
sponsorship or any other such changes as may affect the immigration status of either the
Parents or the Child (as the case may be). Please also see clause 9.14.
4 Fees
4.1 Fees: may include alone or in combination any of the Registration Fee, the Acceptance
Deposit, tuition fees, boarding fees (where relevant), fees for extra tuition, other extras
such as clothing and equipment, photographs or other items ordered by the Parents or the
Pupil or charges arising in respect of educational visits, or damage where the Pupil alone or
with others has caused wilful loss or damage to College property or the property of any
other person (fair wear and tear excluded), or bank charges arising from default in Fees
payment or late payment charges if incurred.
4.2 Payment of Fees: The Parents jointly and severally agree to pay the Fees applicable to each
Semester directly to the College. Except where a separate agreement has been made
between the Parents and the College for the deferment of payment of Fees, Fees for each
Term are due and payable as cleared funds before the commencement of the College Term
to which they relate. It is recommended that you use the College’s direct debit or
international payment platform to ensure prompt payment of Fees. If an item on the fees
invoice is under query, the balance of that fees invoice must be paid. The College reserves
the right to refuse a payment if it is not satisfied as to the identity of the payer or the source
of the funds.
4.3 Payment of Fees by a third party: An agreement with a third party to pay the Fees or any
other sum due to the College does not release the Parents from liability if the third party
defaults and does not affect the operation of any other of these Terms and Conditions unless
an express release has been given in writing, signed by the Head or Principal
4.4 . The College reserves the right to refuse a payment from a third party.
4.5 Indemnity: If the College is required to pay all or part of any sum received from a third party
credit provider on behalf of the Parents, the Parents shall indemnify the College against all
losses, expenses (including legal expenses) and interest suffered or incurred by the College.
4.6 Refund or waiver: Save where there is a legal liability including liability under a court order
or under the provisions of this contract to make a refund or reduction, Fees will not be
refunded, reduced or waived if:
4.6.1 the Pupil is absent through illness; or
4.6.2 a Term is shortened or a vacation extended; or
4.6.3 the Pupil is released home before or after public examinations or otherwise
before the normal end of a Term; or
4.6.4 the College premises is temporarily closed due to adverse weather conditions
or otherwise; or
4.6.5 the College is required to provide educational services remotely for whatever
reason; or
4.6.6 for any reason other than exceptionally and at the sole discretion of the Head
in a case of genuine hardship.
See also Section 10 for information about events beyond the control of the parties.
4.7 Exclusion for non-payment: The College reserves the right to exclude the Pupil on three
days’ written notice if Fees are overdue for payment or if the Parents fail to provide
information reasonably requested by the College about the identity of the payer of any Fees
or the source of the funds. If the Pupil is excluded for a period of 28 days, he / she will be
deemed withdrawn without Notice and a Term’s Fees in lieu of Notice will be payable in
accordance with Section 9. Exclusion in these circumstances is not a disciplinary matter and
the right to a Governors’ Review will not normally arise. The College may withhold any
information, character references or property while Fees remain overdue where it is lawful
to do so.
4.8 Late payment: Save where alternative provisions for the payment of interest are contained
in a separate consumer credit agreement made between the Parents and the College, simple
interest may be charged on a day-to-day basis on Fees which are unpaid. The Parents shall
also be liable to pay all costs, fees, disbursements and charges including legal fees and costs
reasonably incurred by the College in the recovery of any unpaid Fees regardless of the value
of the College’s claim.
4.9 Part-payment: Any sum tendered that is less than the sum due and owing may be accepted
by the College on account only. Late payment charges may be applied to any unpaid balance
of Fees, as set out in clause 4.8.
4.10 Appropriation: Save where the Parents expressly state the contrary, the College shall
allocate payments made to the earliest balance on the Fees account. The Parents agree that
a payment made in respect of one child may also be appropriated by the College to the
unpaid account of any other child of the Parents.
4.11 Instalment arrangements: An agreement by the College to accept payment of current and /
or past and /or future Fees by instalments is concessionary and will be subject to separate
agreement(s) between the Parents and the College. Any such arrangement must be first
approved in writing by the Head or Principal. Where there are inconsistencies between these
Terms and Conditions and those of any instalment agreement or invoice issued by the
College to the Parents (as applicable), the Terms and Conditions of the instalment
agreement or the invoice shall prevail.
4.12 Scholarships and bursaries: Every scholarship, exhibition, bursary or other award or
concession is a discretionary privilege, subject to high standards of attendance, diligence and
behaviour on the Pupil’s part and to the Parents treating the College and its staff reasonably.
It is the Parents responsibility to ensure the Pupil is aware of the condition attaching to any
award. The terms on which such awards are offered and accepted will be notified to the
Parents at the time of offer. Any value attached to a scholarship shall be deducted from Fees
before any bursary or other concession is calculated or assessed.
4.13 Fees increases: Fees are reviewed annually and are subject to increase from time to time. If
the Parents receive less than a Semester’s notice of a Fees increase they may give to the
College written Notice of Withdrawal of the Pupil within 21 days and will not be liable to pay
Fees in lieu of Notice and the Acceptance Deposit will be refunded without interest, less any
sums owing to the College.
4.14 Information about Fees: The Parents acknowledge that the College may make enquiries of
the Pupil’s previous schools for confirmation that all sums due and owing to such schools
have been paid. The Parents also acknowledge that the College may inform any other school
or educational establishment to which the Pupil is to be transferred if any Fees of this
College are unpaid.
4.15 Identity and funding checks: From time to time the College may need to obtain satisfactory
evidence of:
4.15.1 the identity of a person who is paying Fees, such as sight of a passport and/or
a recent utility bill;
4.15.2 your child’s identity;
4.15.3 you and / or your child’s right to enter and live in the United Kingdom and
study at the College; or
4.15.4 the source of any funds used to pay Fees.
5 Educational matters
5.1 Provision of education: The College will do all that is reasonable to provide an educational
environment and teaching of a range, standard and quality which is suitable for each pupil
and to provide education to at least the standard required by law in the particular
circumstances. The College will exercise reasonable care and skill in providing educational
services for the Pupil but cannot guarantee that the Pupil will achieve his / her desired
examination results or that results will be sufficient to gain entry to other educational
establishments.
5.2 Organisation of the curriculum: We reserve the right to organise the curriculum and its
delivery in a way which, in the professional judgement of the Head, is most appropriate to
the College community as a whole. In certain circumstances, this may be via online learning
or any other form of remote learning provision provided by the College. We will endeavour
to inform the Parents of significant changes to the curriculum and the reasons for them as
soon as practicable. The curriculum includes teaching which actively promotes the
fundamental British values of democracy, the rule of law, individual liberty, and mutual
respect for and tolerance of those with different faiths and beliefs. If the Parents have
specific requirements or concerns about any aspect of the Pupil’s education or progress they
should contact the Pupil’s tutor, or other appropriate member of staff, as soon as possible,
or contact the Head in the case of a serious concern.
5.3 Progress reports: The College shall monitor the Pupil’s progress and shall report regularly to
the Parents by means of grades, written reports and parents’ meetings.
5.4 Relationships and Sex education: The Pupil will receive health and life skills education,
including relationships education or relationships and sex education appropriate to his / her
age in accordance with the curriculum from time to time unless the Parents have given
formal notice in writing that they do not wish the Pupil to take part in some or all of the sex
education aspect of the curriculum. The Parents acknowledge that they do not have the right
to withdraw the Pupil from classes relating to relationships education.
5.5 Public examinations: The Head or Principal may, after consultation with the Parents and the
Pupil, decline to enter the Pupil’s name for a public examination if, in the exercise of his / her
professional judgement, the Head considers that by doing so the Pupil’s prospects in other
examinations would be impaired and / or if the Pupil has not prepared for the examination
with sufficient diligence, for example, because the Pupil has not worked or revised in
accordance with advice or instruction from his / her tutors.
5.6 Examination services: The Head may, after consultation with the Parents and then if
appropriate the Pupil, decline to apply for access arrangements or post-examination services
if, in his / her professional judgement it is considered not to be in the best interests of the
Pupil or the examination cohort to do so.
5.7 Reports and references: Information supplied to the Parents and others concerning the
progress and character of the Pupil, and about examinations, further education and career
prospects, and any references shall be given conscientiously and with due care and skill but
otherwise without liability on the part of the College.
5.8 Learning difficulties: The College shall do all that is reasonable to detect and deal
appropriately with a learning difficulty which is considered to be a “special educational
need”. The College staff are not, however, qualified to make a diagnosis of conditions such
as those commonly referred to as dyslexia, or of other learning difficulties.
5.9 Screening for learning difficulties: The screening tests available to schools are indicative
only: they are not infallible. The Parents will be notified if a screening test indicates that the
Pupil may have a learning difficulty. A formal assessment can be arranged by the College at
the Parents’ expense or by the Parents themselves. The Parents agree to cooperate fully
with any investigation of the Pupil’s educational needs.
5.10 Information about learning difficulties: The Parents shall notify the Head when completing
the College’s Confidential Information Form and subsequently in writing if at any time they
are aware or suspect that the Pupil has a learning difficulty and the Parents must provide the
College with copies of all written reports and other relevant information. The Pupil’s place
will be cancelled, or, once the Pupil has started, Parents will be asked to withdraw the Pupil,
without further charge if in the professional judgement of the Head and after consultation
with the Parents and with the Pupil (where appropriate), the College is unable to provide
adequately for the Pupil’s special educational needs. The College reserves the right to charge
for the provision of additional teaching where it is lawful to do so.
5.11 Moving up the College: It is assumed that if the Pupil satisfies the relevant criteria at the
time he / she will progress through the College and will ultimately complete their courses.
The Parents will be consulted before the end of February in the academic year there appears
to be any reason why the Pupil may be refused a place in the next year at the College. The
Parents must give a Term’s Notice in writing (i.e. before the start of the Summer Term) in
accordance with the provisions about Notice in Section 9 below if they do not intend the
Pupil to proceed to the next year of the College, or a Term’s Fees in lieu of Notice will be
payable.
5.12 Intellectual property: Where the Pupil creates a copyright work, including where the work is
created jointly with a member of staff or another pupil, the College may use that work for
the purpose of promoting the interests of the College, including exhibiting it, publishing it in
the College magazine or putting it or a copy of it on the College’s intranet or public website.
5.13 Pupil’s work: The Parents consent for themselves and (so far as they are entitled to do so)
on behalf of the Pupil, to the College retaining the Pupil’s original work until, in the
professional judgement of the Head, it is appropriate to release the work to the Pupil.
Certain coursework may have to be retained for longer than other work in order to reduce
the risk of cheating. This does not prejudice the Pupil’s or the Parents’ right to access their
personal data under data protection law. We will take reasonable care to preserve the
Pupil’s work undamaged but cannot accept liability for loss or damage caused to this or any
other property of the Pupil by factors outside the direct control of the Head or staff.
5.14 Consent for educational visits: A variety of educational visits will be provided for the Pupil.
Parents will be provided with relevant information in advance of educational visits. Unless
the Parents specifically notify the College in writing that they do not wish the Pupil to take
part in a specific educational visit, by signing the acceptance form or agreeing to be bound
by these Terms and Conditions the Parents consent to the Pupil taking part in all
educational visits. These include:
5.14.1 visits (including overnight or residential stays) which take place during the
weekends or school holidays; or
5.14.2 non- routine off-site activities and sporting fixtures which extend beyond the
normal start and finish of the College day; or
5.14.3 adventure activities which may take place at any time; or
5.14.4 visits that cost less than £100.
The Parents agree that the Pupil shall be subject to College discipline in all respects whilst
engaged in an educational visit.
5.15 The cost of educational visits: The College will advise the Parents in advance of any
additional costs associated with an educational visit, including those visits described in
clause Error! Reference source not found. to 5.14.3 above. The cost of such a visit or any
visit with a cost in excess of that stated in clause 5.14.4 will be payable in advance and may
be subject to a separate agreement. All additional costs (such as medical costs, taxis, air
fares, or professional advice) incurred to protect the Pupil’s safety and welfare, or to
respond to breaches of discipline, will be added to the fees invoice. The College reserves the
right to prevent the Pupil from taking part in an educational visit while overdue Fees remain
unpaid.
6 Pastoral care
6.1 The College’s commitment: We will do all that is reasonable to safeguard and promote the
Pupil’s welfare and to provide pastoral care to at least the standard required by law in the
particular circumstances. We will respect the Pupil’s human rights and freedoms which
must, however, be balanced with the lawful needs and rules of the College community and
the rights and freedoms of others. The Parents agree that the Head has the right to require
the Pupil to remain away from the College temporarily at the home of his / her Parents or
education guardian:
6.1.1 pending the outcome of an investigation (please see also clause 8.5 below); or
6.1.2 if the Head or Principal considers that the Pupil’s presence at the College
presents a risk to him / her or to any other pupil.
6.2 Complaints: Any expression of dissatisfaction about action taken, or a lack of action by the
College where the Parents seek action by Us must be notified to the College as soon as
practicable. A copy of the College’s complaints procedure can be supplied on request. See
also clause 8.18.
6.3 Pupil’s rights: The Pupil, if of sufficient maturity and understanding, has certain legal rights
that the College must observe. These include the right to give or withhold consent in a
variety of circumstances and certain rights to confidentiality and, usually, the right to have
contact with his / her parents. If any conflict of interest arises between the Parents and the
Pupil, the rights of, and duties owed to, the Pupil will in most cases take precedence over the
rights of, and duties owed to, the Parents.
6.4 Head or Principal’s authority: The Parents authorise the Head or Principal to take and / or
authorise in good faith all decisions which the Head or Principal considers on proper grounds
will safeguard and promote the Pupil’s welfare. Please see Section 7 below.
6.5 Ethos: The ethos of the College is to foster good relationships between pupils and between
members of staff and pupils. Bullying, harassment, victimisation and discrimination will not
be tolerated. The College and its staff will act fairly in relation to the Pupil and the Parents
and We expect the same of the Pupil and the Parents in relation to the College or its staff.
6.6 Physical contact: The Parents consent to such physical contact with the Pupil:
6.6.1 as may accord with good practice; or
6.6.2 as may be appropriate and proper for teaching and instruction; or
6.6.3 for providing comfort to the Pupil in distress; or
6.6.4 to maintain safety and good order; or
6.6.5 in connection with the Pupil’s health and welfare.
The Parents also consent to the Pupil participating in contact and non-contact sports and
other activities as part of the normal College programme or extra-curricular programme.
The Parents acknowledge that while the College will provide appropriate supervision the risk
of injury cannot be eliminated.
6.7 Disclosures: The Parents must, as soon as possible, disclose to the College in confidence:
6.7.1 any known medical condition, health problem or allergy affecting the Pupil;
6.7.2 any history of a learning difficulty on the part of the Pupil or any member of
his / her immediate family;
6.7.3 any disability, special educational need or any behavioural, emotional
difficulty and / or social difficulty on the part of the Pupil;
6.7.4 any family circumstances, court proceedings or court order which might affect
the Pupil’s welfare or happiness, including but not limited to any court order
or undertaking regarding:
(a) the Pupil’s living and/or contact arrangements;
(b) the Pupil’s education, welfare and/or upbringing;
(c) the payment of Fees and/or supplemental charges; and/or
(d) your exercise of Parental Responsibility in respect of the Pupil.
6.7.5 In any such circumstances you must (whether upon request or otherwise)
promptly provide the College with all relevant information, including copies of
the relevant court order(s) or undertaking(s) (or the relevant parts of them)
having obtained the permission of the court if necessary;
6.7.6 any concerns about the Pupil’s safety;
6.7.7 any change to the citizenship or immigration status of either the Parents or
the Child;
6.7.8 any significant change in the financial circumstances of the Parents;
6.7.9 if it is the Parents’ intention that the Pupil is to be cared for and
accommodated by someone who is not a close relative for a period of 28 days
or more except when the Pupil is boarding at the College.
6.8 Confidentiality: The Parents authorise the Head to override their own and (so far as they
are entitled to do so) the Pupil’s rights to confidentiality, and to impart confidential
information on a need-to-know basis where necessary to safeguard or promote the Pupil’s
welfare or to avert a perceived risk of serious harm to the Pupil or to another person at the
College. In some cases, members of staff may need to be informed of any particular
vulnerability the Pupil may have.
The College reserves the right to monitor the Pupil’s use of:
6.8.1 email;
6.8.2 the internet; and
6.8.3 mobile electronic devices.
See also the College’s policy on acceptable use of IT and email.
6.9 Special precautions: The Head needs to be aware of any matters that are relevant to the
Pupil’s safety and security. Accordingly the Parents must notify the Head in writing
immediately of any court orders or situations of risk in relation to the Pupil for whom any
special safety precautions may be needed. The Head may exclude the Parents from College
premises if, acting in a proper manner, he / she considers such exclusion to be in the best
interests of the Pupil or any other member of the College community.
6.10 Leaving College premises: The College will do all that is reasonable to ensure that the Pupil
remains in the care of the College during College hours but does not accept responsibility for
the Pupil if he / she leaves College premises in breach of College rules or regulations. The
College is not legally entitled to prevent a pupil aged 16 years or over from leaving College
premises during College hours.
6.11 Residence during Term time: The Pupil , except when boarding, is required during Term
time and at weekends (permitted periods of time away from College] and half term, to live
with the Parents or a legal guardian or with an education guardian acceptable to the College.
Short-term boarding, charged as an extra, can be provided during Term time for the Pupil
where accommodation arrangements have broken down. The Parents must immediately
notify the Head in writing if the Pupil will be residing during Term time under the care of
someone other than the Parents or his / her education guardian.
6.12 Communications from the Parents: Communications or instructions from one of the
Parents or any person with Parental Responsibility shall be deemed by the College to be
received from both Parents unless there is clear evidence of a contrary view. This
requirement does not apply to the giving of Notice for the Cancellation of the place or the
Withdrawal of the Pupil from the College. Those persons who are required to consent to or
to give Notice of Cancellation or Withdrawal are set out in clause 9.4.
6.13 Absence of the Parents: The Parents must inform the Head or Principal in writing of the
name, address and telephone number for 24 hour contact for the adult who will have the
care of the Pupil at any time when both the Parents will be absent from the Pupil’s home
overnight or for a 24 hour period or longer.
6.14 Education guardians: The Parents if resident outside the United Kingdom must before Entry
appoint an education guardian for the Pupil in the United Kingdom who has been given legal
authority to act on behalf of the Parents in all respects and to whom the College can apply
for authorities when necessary. The College can accept no responsibility for the Pupil when
he / she is in the care of the Parents or the education guardian. The Parents or the education
guardian must make holiday arrangements, including travel to and from the College, in
advance. The responsibility for choosing an appropriate education guardian rests solely with
the Parents. The Parents are responsible in each case for satisfying themselves as to the
suitability of an education guardian. The Parents shall immediately on appointment provide
the College with up to date contact details for the appointed education guardian and shall
immediately notify the College of any changes to those details.
6.15 Photographs or images (including video recordings): The College may obtain and use
photographs or images (including video recordings) of the Pupil for:
6.15.1 use in the College’s promotional material such as the prospectus, the website
or social media;
6.15.2 press and media purposes; or
6.15.3 educational purposes as part of the curriculum or extra-curricular activities.
Please see the privacy notice for more information about how the College uses photographs
and videos of pupils. The College may seek specific consent from the Parents before using a
photograph or video recording of the Pupil where the College considers that the use is more
privacy intrusive. Where the Pupil is of sufficient maturity (usually when aged 12 years or
older) we may seek the Pupil’s specific prior consent in addition to or instead of the Parents’
consent. We would not disclose the home address of the Pupil alongside a photograph or
video without the Parents’ consent.
6.16 Request for confidentiality: The Parents may ask Us to keep information about the Pupil
confidential. For example, You may ask Us to not use photographs of the Pupil in
promotional material or ask Us to keep the fact that the Pupil is on the College roll
confidential. If the Parents would like information about the Pupil to be kept confidential,
they must immediately contact the Head or Principal in writing, requesting an
acknowledgment of their letter.
6.17 Transport: The Parents consent to the Pupil travelling by any form of public transport
and / or in a motor vehicle driven by a responsible adult who is duly licensed and insured to
drive a vehicle of that type.
6.18 Pupil’s personal property: The Pupil is responsible for the security and safe use of all
his / her personal property including money, mobile electronic devices, locker keys, watches,
computers, musical instruments and sports equipment, and for property lent to him / her by
the College.
6.19 Insurance: The Parents are responsible for insurance of the Pupil’s personal property whilst
at College or on the way to and from College or any College-sponsored activity away from
College premises.
6.20 College’s liability: Unless negligent or guilty of some other wrongdoing causing injury, loss
or damage, the College does not accept responsibility for accidental injury or other loss
caused to the Pupil or the Parents or for loss or damage to property.
7 Health and medical matters
7.1 Medical declaration: Before the Pupil enters the College the Parents will be asked to
complete a Medical Information and Consent Form concerning the Pupil’s health and must
inform the Head in writing if the Pupil develops any known medical condition, health
problem or allergy, or will be unable to take part in games or sporting activities, or has been
in contact with anyone with an infectious or contagious disease.
7.2 Medical care: If a boarder the Pupil must be registered on the list of the College Medical
Officer while a pupil at the College. The Parents must comply with the College Medical
Officer’s recommendations which may include a reasonable decision to release the Pupil
home or to his / her education guardian when he / she is unwell.
7.3 Pupil’s health: The Head may at any time require a medical opinion or certificate as to the
Pupil’s general health where the Head considers it necessary as a matter of professional
judgement in the interests of the Pupil and / or the College community. The Pupil if of
sufficient age and maturity is entitled to insist on confidentiality which can be overridden in
the Pupil’s own interests or where necessary for the protection of other members of the
College community.
7.4 Medical information: Throughout the Pupil’s time as a member of the College, the College
Medical Officer shall have the right to disclose confidential information about the Pupil if it is
considered to be in the Pupil’s own interests or necessary for the protection of other
members of the College community. Such information will be given and received on a
confidential, need-to-know basis.
7.5 Emergency medical treatment: The Parents authorise the Head to consent on their behalf
to the Pupil receiving emergency medical treatment where certified by an appropriately
qualified person as necessary for the Pupil’s welfare and if the Parents or a second
emergency contact cannot be contacted in time.
8 Behaviour and discipline
8.1 College regime: The Parents accept that the College will be run in accordance with the
authorities delegated by the Governing Body to the Head or Principal. The Head or Principal
is entitled to exercise a wide discretion in relation to the College’s policies, rules and regime
and will exercise those discretions in a reasonable and lawful manner, and with procedural
fairness when the status of the Pupil is at issue. The Parents accept that the College’s
policies, procedures and regime may be subject to change at short notice, if in the opinion of
the Head or Principal it is deemed appropriate to do so in the circumstances prevailing at the
time.
8.2 Conduct and attendance: We attach importance to courtesy, integrity, good manners, good
discipline and respect for the needs of others. The Parents warrant that the Pupil will take a
full part in the activities of the College, will attend each College day, will be punctual, will
work hard, will be well-behaved and will comply with the College rules about the wearing of
uniform and general appearance.
8.3 College rules: The College rules which apply are set out in the College’s website and other
documents published from time to time. The Parents are requested to read these
documents carefully with the Pupil before they accept the offer of a place.
8.4 College discipline: The Parents accept the authority of the Head and of other members of
staff on the Head’s behalf to take all reasonable disciplinary or preventative action necessary
to safeguard and promote the welfare of the Pupil and the College community as a whole.
The College’s policies on behaviour and discipline current at the time apply to all pupils at
the College and at all times when the Pupil is in or at College (including when engaged in
online remote learning), representing the College or wearing College uniform (if any),
travelling to or from College, on College-organised trips or associated with the College at any
time. The policies shall also apply at all times and places in circumstances where failing to
apply this policy may affect the health, safety or wellbeing of a member of the College
community or a member of the public, have repercussions for the orderly running of the
College or bring the College into disrepute.
8.5 Investigative action: An allegation, complaint or rumour of misconduct will be investigated.
The Pupil may be questioned and his / her accommodation and/or belongings may be
searched in appropriate circumstances. All reasonable care will be taken to protect the
Pupil’s rights and freedoms. The Parents will be informed as soon as reasonably practicable
after it becomes clear that the Pupil may face formal disciplinary action, unless the College is
prevented from doing so by the police if they are involved. If considered necessary, the
College may make arrangements for legal representation for the Pupil to be funded at the
Parents’ expense.
8.6 Procedural fairness: Investigation of an allegation, complaint or rumour that could lead to
Expulsion, Removal or Withdrawal of the Pupil in any of the circumstances explained below
shall be carried out in a fair and unbiased manner If a disciplinary meeting with the Head is
required before a decision is taken, the College will make reasonable efforts to notify the
Parents or education guardian so that they can attend. In the absence of the Parents or
education guardian, the Pupil will be assisted by an adult (usually a teacher) of his / her
choice.
8.7 Divulging information: Except as required by law, the College and its staff shall not be
required to divulge to the Parents or others any confidential information or the identities of
pupils or others who have given information which has led to the complaint or which the
Head has acquired during an investigation.
8.8 Drugs and alcohol: The Pupil may be given the opportunity to provide a biological sample
under medical supervision if involvement with drugs is suspected, or a sample of breath to
test for alcohol consumed in breach of College rules or policy. A sample or test in these
circumstances will not form part of the Pupil’s permanent medical record.
8.9 Sanctions: The College’s current policies on sanctions are available to the Parents on
request before they accept the offer of a place. Those policies may undergo reasonable
change from time to time but will not authorise any form of unlawful activity. Sanctions may
include a requirement to undertake menial but not degrading tasks on behalf of the College
or external community, detention for a reasonable period, withdrawal of privileges or
Suspension, or Removal or Expulsion.
8.10 Definitions of sanctions: The definitions in this clause apply in these Terms and Conditions.
Expulsion: means that the Pupil is required to leave the College permanently in
circumstances described in clause 8.11.
Removal: means that the permanent removal of the Pupil from the College is required in
circumstances described in clause 8.13.
Suspension: means that the Pupil is sent or released home for a limited period as a
disciplinary sanction. or pending a Governors’ Review.
Withdrawal: has the meaning set out in clause 9.4.
8.11 Expulsion: The Pupil may be formally expelled from the College if it is proved on the balance
of probabilities that the Pupil has committed a very grave breach of discipline or a serious
criminal offence. Expulsion is reserved for the most serious breaches. The Head shall act with
procedural fairness in all such cases. The Head’s decision to expel shall be subject to a
Governors’ Review if requested by the Parents. The Parents will be given a copy of the
Review procedure current at the time. The Pupil shall be suspended from the College
pending the outcome of the Review. See clause 8.16 and clause 8.17.
8.12 Fees following Expulsion: If the Pupil is expelled, there will be no refund of the Acceptance
Deposit or of Fees for the current or past Terms if paid. There will be no charge to Fees in
lieu of Notice but, save for any contrary provisions in any other agreement made between
the Parents and the College, all arrears of Fees and any other sums due to the College will be
payable.
8.13 Removal in other circumstances: The Parents may be required to remove the Pupil
permanently from the College or from boarding (where relevant) if, after consultation with
the Parents and if appropriate the Pupil, the Head is of the opinion that:
8.13.1 information required by the College has been requested to satisfy its
obligations / requirements to UKVI (e.g. information set out in the
Parent/Legal Guardian Consent Letter) and such information has not been
provided by the Parents; or
8.13.2 the Pupil has committed a breach or breaches of College rules or discipline for
which Removal is the appropriate sanction; or
8.13.3 by reason of the Pupil’s conduct, behaviour or progress, the Pupil is unwilling
or unable to benefit sufficiently from the educational opportunities and / or
the community life offered by the College; or
8.13.4 one or both of the Parents have treated the College or members of its staff or
any member of the College community unreasonably; then
in these circumstances, and at the sole discretion of the Head, Withdrawal of the Pupil by
the Parents may be permitted as an alternative to Removal being required. The Head shall
act with procedural fairness in all such cases, and shall have regard to the interests of the
Pupil and the Parents as well as those of the College. The Head’s decision to require the
Removal of the Pupil shall be subject to a Governors’ Review if requested by the Parents.
The Parents will be given a copy of the Review procedure current at the time. The Pupil shall
be suspended from the College pending the outcome of the Review. See clause 8.16 and
clause 8.17.
8.14 Fees following Removal: If the Pupil is removed or withdrawn in the circumstances
described in clause 8.13, the provisions relating to Fees shall be as set out in clause 8.12 save
that the Acceptance Deposit will be refunded without interest less any sums owing to the
College.
8.15 Leaving status: The College reserves the right to record the leaving status of the Pupil on
the Pupil’s file immediately after Expulsion or Removal or Withdrawal.
8.16 Governors’ Review: The Parents may request a review by Governors (Governors’ Review) of
a decision to expel or require the Removal of the Pupil from the College, or from boarding,
(but not a decision to suspend the Pupil unless the suspension is for 11 College days or more,
or would prevent the Pupil taking a public examination). The Head will advise the Parents of
the Governors’ Review procedure current at that time when he / she informs the Parents of
his / her decision. A Governors’ Review will be conducted under fair procedures in
accordance with the requirements of natural justice.
8.17 Pupil’s status pending Review: If the Parents request a Governors’ Review, the Pupil will be
suspended from College until the review procedure has been completed. While suspended,
the Pupil shall remain away from College and will have no right to enter College premises
during that time without written permission from the Head or Principal.
8.18 Complaints procedure: A complaint as described in clause 6.2 above which does not involve
an Expulsion or Removal of the Pupil must be made in accordance with the College’s
complaints procedure, a copy of which is available on request. Every reasonable complaint
shall receive fair and proper consideration and a timely response.
9 Provisions about Notice
9.1 Term: means the period between and including the first and last days of the relevant
College term.
9.2 Notice: means (unless the contrary is stated in these Terms and Conditions) a Term’s
Written Notice given by:
9.2.1 both Parents; or
9.2.2 one of the Parents with the prior written consent of the other Parent; and
9.2.3 in either case the prior written consent of any other person with Parental
Responsibility where appropriate
before the first day of Term addressed to and received by the Head personally or the Bursar
on the Head’s behalf. It is expected that the Parents will consult with the Head before giving
Notice to withdraw the Pupil. The Parents should contact the College if no acknowledgement
of the Notice is received from the College within seven days of the date of the Notice.
9.3 Cancel or Cancellation: means the cancellation of a place at the College which has been
accepted by the Parents and which occurs before the Pupil enters the College or where the
Pupil does not enter the College. Please see clause 3.1 for details of when Entry to the
College occurs.
9.4 Withdraw or Withdrawal: means the withdrawal of the Pupil from the College by the
Parents or the Pupil with or without Notice required under these Terms and Conditions at
any time after the Pupil has entered the College. Please see clause 3.1 for details of when
Entry to the College occurs.
9.5 Fees in lieu of Notice: means Fees in full at the rate applicable for the next Semester
following termination by the parents on less than one full Semester’s Notice, or the Pupil is
excluded for more than 28 days for non-payment of Fees as set out in clause 4.7. Fees in Lieu
of Notice is not limited to the parental contribution in the case of a scholarship, exhibition,
bursary or other award or concession. The Parents acknowledge that the requirement to
pay one Semester’s Fees in lieu of Notice is necessary to promote financial stability at the
College and to enable it to plan its staffing and other resources.
9.6 A Semester’s Written Notice: means Notice given before the first day of a Semester and
expiring at the end of that Semester.
9.7 Cancellation rights: If the offer of a place and its acceptance are both made entirely at
distance by means of post or electronic communication without either of the Parents
meeting face to face with a member of the College staff between offer and acceptance, the
Parents have the right to cancel this contract at any time within 14 days of the day after We
receive Your completed and signed acceptance form. In such circumstances the Acceptance
Deposit will be refunded together with any Fees paid pro-rated if the College has provided
any educational services under this contract. Information about the right to cancel and how
to cancel is set out in the College’s cancellation notice and form published on the College
website.
9.8 Termination by the Parents: Except where clause 9.11 below applies, if the Parents wish to
Withdraw the Pupil or Cancel and terminate this contract at any time or after the expiry of
the 14 day cancellation period described in clause 9.7 above if applicable they shall do so
either by:
9.8.1 providing at least one Semester’s Written Notice. If the Parents Cancel by
providing at least one Semester’s Written Notice the College shall retain the
Acceptance Deposit; or
9.8.2 paying one Semester’s Fees in lieu of Notice.
9.8.3 The College reserves the right to offset the Deposit, if paid, against the
Semester’s Fees in lieu of Notice.
9.9 Other Notice requirements: The requirements in clause 9.8 shall also apply if:
9.9.1 the Parents or the Pupil wish(es) to transfer from boarding to day status or
vice versa, or between categories of boarding.
9.10 Cancelling a place offered in the Semester before Entry: Except where clause 9.7 applies, if
the offer of a place is made within a Semester of Entry, the Parents may Cancel and
terminate this contract by notifying the College in writing at any time before Entry but they
shall pay one Semester’s Fees at the rate payable for the Semester of Entry, less the
Acceptance Deposit, payable as a debt.
9.11 Prior consultation: It is expected that the Parents, or duly authorised education guardian,
will consult personally with the Head or with the Head’s authorised deputy before Notice is
given by the Parents.
9.12 Transfer between boarding and day status: Before providing the Notice required under
clause 9.9.1, the Parents must obtain the express permission of the Head in writing if the
Parents or the Pupil wishes to change from boarding to day status or vice versa, or between
categories of boarding (e.g. full boarding to weekly boarding). At the discretion of the Head,
the College has the right to postpone or refuse a transfer request and the Head will consider
the best interests of the Pupil and the College in reaching the decision. Any such place is
subject to the availability of places.
9.13 Discontinuing extra tuition: A Semester’s Written Notice is required to discontinue extra
tuition or a Semester’s Fees for the extra tuition will be immediately payable.
9.14 Termination by the College: The College may terminate this contract:
9.14.1 on one Semester’s notice in writing sent by ordinary post. The College will not
terminate this contract without good cause and full consultation with the
Parents and also the Pupil (if of sufficient maturity and understanding). The
Acceptance Deposit will be refunded without interest, less any outstanding
balance of Fees; or
9.14.2 on reasonable notice if in the professional opinion of the Head the College is
unable to provide all or a significant proportion of the educational services to
the Pupil; or
9.14.3 immediately where the parents are unable to satisfy the school (whether
through the provision of relevant supporting documentation or otherwise)
that the Pupil has, or continues to have, the appropriate immigration
permission to live in the United Kingdom and to study at the College or, in the
case of a Pupil who holds a Child Student visa on the basis of sponsorship by
the College, where Parents have arranged accommodation for the Pupil which
does not meet the requirements of the Child Student Immigration Rules.
10 Events beyond the control of the parties
10.1 Force majeure: An event beyond the reasonable control of the College or the Parents is a
Force Majeure Event and shall include such events as:
10.1.1 an act of God, fire, flood, drought, earthquake or other natural disaster;
10.1.2 war, riot, civil unrest, act of terrorism, strikes, industrial disputes;
10.1.3 subject to clause 10.2, outbreak of epidemic or pandemic of disease;
10.1.4 failure of utility service or transportation,
Provided always that the inability of either party to pay any amount required under this
contract shall not be a Force Majeure Event.
10.2 Epidemic or pandemic: The parties acknowledge that the circumstances of the Covid-19
coronavirus pandemic (or future equivalent circumstances) may affect the nature and
delivery of the educational provision of the College during the 2021/22 Academic Year and
thereafter. For the avoidance of doubt any reasonable modifications to the educational
provision made by the College in order to meet legal obligations, comply with government
guidance and to protect the health safety and well-being of staff or pupils (including but not
limited to the requirement to move to online tuition / remote learning) shall not affect the
obligation of the Parents to pay the Fees in accordance with this contract.
10.3 Notification: If either the College or the Parents is prevented from or delayed in carrying out
its contractual obligations by a Force Majeure Event, that party (the Affected Party) shall as
soon as reasonably practicable notify the other in writing and shall be excused from
performing those obligations while the Force Majeure Event continues.
10.4 Continued force majeure: The Affected Party shall use all reasonable endeavours to
mitigate the effect of the Force Majeure Event on the performance of its obligations. If a
Force Majeure Event continues for a period greater than 90 days from the date of
notification, the Affected Party shall notify the other of the steps to be taken to ensure
performance of its contractual obligations.
10.5 Termination: If the Force Majeure Event continues for a total period greater than 120 days
from the date of notification, the party in receipt of notification under clause 10.3 may
terminate this contract by providing at least three working days’ notice in writing to the
other party. In the event that the contract is terminated in accordance with this clause, no
additional sums will be payable by the Parents but all sums falling due prior to such
termination will remain due and payable in accordance with these Terms and Conditions.
11 General contractual matters
11.1 Data protection: The College has a privacy notice privacy notice which explain how the
College will use the Parent’s and the Pupil’s personal data. This privacy notice is provided
with the letter of offer. The privacy notice is also published on the College’s website. The
Parents must read these privacy notices in full before signing the acceptance form. The
Parents must show the Pupil a copy of the privacy notice and discuss it with him / her before
accepting the offer of a place.
11.2 Change: The College, as any other, is likely to undergo a number of changes during the
period of this contract. For example, there may be changes in the staff, and in the premises,
facilities and their use, in the curriculum and the size and composition of classes, and in the
College rules and procedures, the disciplinary framework, and the length of College Terms.
In addition, there may be the need to undertake a corporate reorganisation exercise and / or
a merger or change of ownership may be necessary. For these reasons, the benefit and
burden of this contract may be freely assigned to another party at the discretion of the
College.
11.3 Consumer rights: Care has been taken to use plain language and to give clear explanations
in these Terms and Conditions. If any words alone or in combination infringe consumer
rights laws or any other provision of law, they shall be treated as severable and shall be
replaced with words which give as near the original meaning as may be fair. Nothing in these
Terms and Conditions affects the Parents’ statutory rights.
11.4 Information for parents: We provide parents of prospective pupils with information about
the College and the educational services we provide in good faith. This information may be
contained in the College’s prospectus / website / promotional literature or in statements
made by staff or pupils during a visit or an open day. If the Parents wish to take account of
the information provided to them when deciding whether to enter into this contract they
should seek specific confirmation from the Head or Principal that the information is accurate
before returning a completed acceptance form to the College.
11.5 Third party rights: Only the College and the Parents are parties to this contract. Neither the
Pupil nor any third party is a party to this contract and shall not have any rights to enforce
any term of it.
11.6 Interpretation: These Terms and Conditions supersede any previously in force and will be
construed as a whole. Headings, unless required to make sense of the immediate context,
are for ease of reading only and are not otherwise part of these Terms and Conditions.
11.7 Jurisdiction: This contract was made at the College and it, together with each matter
relating to the provision of educational services by the College, is governed exclusively by
the law of England and Wales and the parties submit to the exclusive jurisdiction of the
Courts of England and Wales.
11.8 Accommodation: All non-local students may only reside in College accommodation.
Students residing in College accommodation and their Parents/Guardians must comply with
the conditions contained in Annex 1 to these Terms and Conditions.
11.8 Accommodation: All non-local students may only reside in College accommodation.
Students residing in College accommodation and their Parents/Guardians must comply with
the conditions contained in Annex 1 to these Terms and Conditions.
CSFC Limited t/a Cardiff Sixth Form College: a Private Limited Company
Registered in England, Company Number: 10537199
Registered Office: 1-3 Trinity Court, Newport Road, Cardiff, CF24 0AA
Principal: Gareth Collier
Annex 1 Accommodation Conditions
1. Definitions and Interpretations
1.1.Definitions
1.1.1.‘the Building’ means the Student Castle, known as Student Castle, Adam Street, Cardiff
CF24 2FL, Shand House known as 20 Newport Rd, Cardiff CF24 0DB and 98 Newport
Road, Cardiff CF24 1DG of which the Property forms part including any common parts,
forecourts, parking areas, gardens and land held with it;
1.1.2.the Contents’ means the furniture and other items listed in the inventory which are let
with the Property;
1.1.3.‘the Property’ means the student accommodation;
1.1.4.‘the Term’ means the period for which the Property is let including any subsequent
period when the Tenant remains in the Property;
1.1.5.“the Landlord” means the College;
1.1.6.“the Tenant” means the Parent or Guardian of the Student.
1.2. Interpretations
1.2.1.Where the Landlord or the Tenant consists of two or more persons, obligations
expressed or implied to be made by or with them are deemed to be made by or with
those persons jointly and severally.
1.2.2.The Tenant hereby consents to be responsible for all acts and omissions (whether
negligent or otherwise) of the Student and is responsible for procuring that the
Student does not breach the terms contained in this Annex. References to “the
Tenant” in these terms shall be deemed to include reference to the Student.
1.2.3.Words that indicate one gender include all other genders, words that indicate the
singular include the plural and vice versa, and words that indicate persons shall be
interpreted as extending to a corporate body or a partnership and vice versa.
2. Agreement to Let
The Landlord agrees to let and the Tenant agrees to take the Property on behalf of the Student
with the Contents for the Term.
3. Condition of the Property
3.1.The Landlord’s obligations
The Landlord must comply with the Landlord and Tenant Act 1985 Section 11 as to his
responsibility for repairs in the Property.
3.2. Alterations
The Tenant must not damage or injure the Property, make any addition to the Property,
unite the Property with any adjoining premises, or make any alteration to the Property or to
the services or service media in the Property.
3.3.Contents
The Tenant must maintain the Contents and keep them in good condition (except to the
extent their condition deteriorates as a result of fair and ordinary use), must make sure
they are not damaged and must not take any of them away from the Property.
3.4. Blocking of pipes
The Tenant must keep the service media inside or only serving the Property free from
obstruction and the lavatories properly cleaned.
4. Rights of Entry
The Tenant must allow the Landlord, with any necessary contractors and workmen, to enter the
Property at all reasonable times upon 24 hours’ prior notice in writing, causing as little
inconvenience to the Tenant as reasonably practicable and making good any damage caused to
the Property and the Tenant’s property for the following purposes:
4.1. to view the state and condition of the Property and the Contents; and
4.2. to carry out any repairs that are necessary by virtue of the Landlord’s responsibilities under
these conditions or by law or to any adjoining property that can only be carried out by
having access to the Property.
The Landlord reserves the right to perform room checks without prior notice, written or verbal.
5. Appearance of the Property
The Tenant must not erect any poles or masts or display any sign on the Property or install any
cables or wires outside it or allow anyone under his control to do so.
6. Dealings
These conditions are personal to the Tenant. The Tenant must not assign, sublet or part with or
share possession of the Property or any part of it.
7. Use and Nuisance
7.1. Residential student use
The Tenant must not use the Property except as a single private residence for occupation by
the Tenant personally whilst the Tenant is pursuing a course of study provided by the
Landlord.
7.2. Nuisance
The Tenant must not do anything on the Property or the Building that may reasonably be
considered to be a nuisance or annoyance to the Landlord or the owners or occupiers of
adjacent or neighbouring property.
7.3. Auctions, trades and immoral purposes
The Tenant must not use the Property or allow it to be used for any auction sale, any
dangerous, noisy or offensive activity, or any illegal or immoral act or purpose, and must
not carry on any commercial activity on it.
7.4. Pets
The Tenant must not keep or allow any animal at the Property.
7.5. Noise
The Tenant must not play any musical instrument or device and must not allow noise from
any machine or equipment to be heard outside the Property in such manner that may cause
a disturbance after 2200 hours or before 0800 hours on any day.
8. Giving Back Possession at the End of the Term
8.1. Giving back possession
The Tenant must hand over to the Landlord all keys by 1200 noon on the date the Term
ends and give vacant possession of the Property and the Contents back to the Landlord
clean, tidy and in accordance with the provisions of these conditions, and with the various
items of furniture and other items left in the places in which they were situated at the
beginning of the Term.
8.2. Items left
The Tenant will be responsible for meeting all reasonable removal and storage charges if
items of property and belongings are left in the Property at the end of the Term. The
Landlord will remove and store the items for a maximum of one month. The Landlord will
notify the Tenant that this has been done at the Tenant’s last known address. If the items
are not collected within one month, the Landlord may dispose of the items and the Tenant
will be liable for the reasonable costs of disposal. The costs may be deducted from any sale
proceeds and if there are any costs remaining they will remain the Tenant’s liability.
9. Non-Disturbance
The Landlord must permit the Tenant peaceably to hold and enjoy the Property during the
tenancy without any interruption or disturbance from or by the Landlord or any person
claiming under or in trust for him.
10. Recovery of Possession
10.1. Events concerned
The Landlord’s rights under this clause 10 RECOVERY OF POSSESSION arise if and whenever
during the Term:
10.1.1. there is a breach by the Tenant of any obligation or other term of these conditions;
or
10.1.2. the Property is left unoccupied for more than four weeks continuously otherwise
than by prior agreement with the Landlord; or
10.1.3. the Tenant ceases to pursue a course of study provided by the Landlord.
10.2. Application for possession
If and whenever during the Term any of the events referred to in clause 10.1 EVENTS
CONCERNED occurs, the Landlord may commence proceedings to obtain a court order to
recover possession from the Tenant and re-enter the Property subject to his obligations to
serve notice on the Tenant specifying the breach complained of, requiring its remedy if it is
capable of remedy, and requiring the Tenant to pay compensation in any case, and to allow
the Tenant a reasonable time to remedy a breach that is capable of remedy.
10.3. Effect of order for possession
On the making of a court order for possession the tenancy created by these conditions shall
cease absolutely, but this shall not affect any rights or remedies that may have accrued to
the Landlord against the Tenant or to the Tenant against the Landlord in respect of any
breach of these conditions, including the breach in respect of which the possession is
ordered.
