Tag Archives: Rent

Student accommodation: what are your rights?

Citizens Advice has issued the following advice to students who may want to leave their accommodation before the end of the rental agreement.

If you are a student in halls of residence who wants to move out and end your contract. What are your rights?

Students who want to end their contract with the university and move out of halls of residence are unlikely to be entitled to a refund.

However, in the Spring when the national lockdown came into force, many universities did waive rent due on their own accommodation.

It might be possible to put forward a “frustration” argument if a student can’t access their accommodation, for example because campus has been shut down, or it is impossible or illegal for the student to travel to the accommodation.

This might also be relevant if the purpose of the accommodation is radically altered. For instance, if it was closely tied to a student attending a course in a particular location, and the provider is now delivering the whole course remotely.

However, the unprecedented nature of the pandemic means that legal arguments have not yet really been tested in the context of student contracts, and so it is not yet clear to what extent these arguments might succeed.

An argument that any contract is ‘frustrated’ (i.e. it is impossible to perform) is certainly less likely to succeed in a case where the accommodation continues to be available, but it is the tenant’s choice not to occupy it.

If you are a student in privately rented accommodation who wants to move out and end your tenancy. What are your rights?

Generally you are liable for any rent due until the end of your fixed term (and any guarantor may be pursued if you don’t pay).

Some tenancy agreements contain a break clause. But this would be unusual in a student tenancy agreement where the letting is intended to be for an academic year, and the landlord is only likely to be able to re-let it for the following academic year.

If you share accommodation with other people, then unless you each have a separate agreement, you are likely to be jointly and separately liable for rent.

This means that the landlord can pursue any of the tenants (or their guarantor) for any rent due under the joint agreement, regardless of which tenant failed to pay their share.

That said, it’s still worth trying to negotiate with your landlord, and they may agree to release you from the tenancy early, or to waive or reduce rent if you are not living in the accommodation.

Nicky Willshere, Chief Officer at Citizens Advice Ipswich says:

“It must be very frustrating for students that the academic year hasn’t started in the way they would have hoped.

“Unfortunately, there’s not much good news for students who decide to change households for the medium to long-term, by returning to their family home for example. It’s likely that in many cases they will be tied into their accommodation agreements and not entitled to any refund.

“It’s always worth getting in touch with your landlord and trying to negotiate. But realistically, if there is no obligation for them to release you from the contract, they may well be unwilling to do so.

“Where the landlord is the university, they may be more sympathetic to a short-term reduction in rent, or ending a contract early, if there is no longer any reason for you to remain in halls.

“However, it is early in the academic year, and it may be difficult to find alternative halls of residence accommodation if a student gives up their place, but later wishes to return.”

Ending the benefits freeze won’t stop families facing the choice between heating and eating

MPs voted to end the benefits freeze by agreeing to increase income-related benefits by inflation on Monday.

While a welcome move, new analysis by Citizens Advice shows that almost 4 in 10 households that seek debt advice and receive these frozen benefits would still not have enough money to cover their costs by 2024 – even if these rises were to continue in future years.

Citizens Advice has helped people such as Sheila, 64, who works part time and receives Universal Credit. Her payments can change on a monthly basis, making it hard for her to budget and cover her monthly costs. She is trapped in council tax and rent arrears, and has had to resort to a foodbank.

She said:

“Quite often I don’t have any electric, so I’m very cold. I can’t even make a hot water bottle to keep warm, or make a hot drink. I have to stay under the duvet.

“Even in the months when I am paid my full Universal Credit and wages it’s still really hard to afford everything, including food.

“It’s all swings and roundabouts, I just don’t have enough money coming in to pay the council tax and rent arrears, the actual council tax, buy food and top up my gas and electric.”

The analysis from Citizens Advice found that the number of people who are unable to cover their living costs has increased since the benefits freeze began in 2016. In the first five months of the current financial year, 40% of the people the charity helped with debt who claim income-related benefits didn’t have enough money to cover their living costs – an increase of 25% since the freeze came into effect.

Citizens Advice is continuing to call for the government to help address this problem by increasing income-related benefits by the Consumer Prices Index (CPI) plus 2% for four years, and to recalculate Local Housing Allowance, which determines housing benefit for private tenants. This will help provide families with financial security and protect people from further hardship.

It also argues that changes to benefit levels need to be accompanied by wider reforms to ensure the benefits system as a whole provides people with the right support. This includes ensuring Universal Credit gives people enough to live on by reviewing areas such as the amount of money retained by working claimants, and deductions for those dealing with debts or repaying advance payments.

Dame Gillian Guy, Chief Executive of Citizens Advice, said:

“Our evidence shows that increasing numbers of people simply don’t have enough money to make ends meet. While a step in the right direction, increasing benefits by inflation will not go far enough to help solve this problem.

“The benefits system was created to support people in times of need. The government should show it’s serious about meeting this ambition by properly investing in working-age benefits, and making sure fewer families are left in a downward spiral with no way to pay their bills.”