Student accommodation fees

gary83

I think the landlords could argue that it was morally correct that people stuck to the terms of the contracts they signed. That contract was there to protect both parties, the landlord couldn’t throw the student out because they have a better offer and the student generally can’t stop paying until someone replaces them.

if the accommodation was still available, remembering that most student accommodation is provided by private landlords/companies with no relationship to the universities that no longer require actual physical attendance, I think it’s much less likely than 50/50 that a court would agree the contract was frustrated.

Galloglass

 I think it’s much less likely than 50/50 that a court would agree the contract was frustrated.

But the issue is that no-one knows what a court will decide on the issue of "frustration" as each case will turn on its merits (and not its morals)

When the courts open up again, there will be a shed load of breach of contract cases related to non-payment of rent. As is often the case with such issues, there will be a number of test cases decided at the a higher court which will provide guidance ar the County Court level. All subsequent cases will be referred to the test cases and adjudicated. So 6 months or even a year down the line the bill for the rent (due to breach of contract) will come in and OP's can decide to pay at the pre-action stage IF the test case has gone against them.  The cost will be a rent not paid plus a bit of interest plus some small legal costs. 

Not paying is low risk with some upside. 

silvercar

Some universities are allowing students to break contracts for halls they own.
Some larger private halls are also doing the same, including Unite which is one of the largest private hall providers in the country.
Private landlords may have less leeway as that is their income and the government has done nothing to help them other than BTL mortgages offering a 3 month holiday (which still eventually needs paying).

Fire_Fox

kyra595 said: Yes... she got her student loan... which at the minute is just in an account. We would rather give loan back for this term.. than pay interest on money to pay for something she doesn't need.Thats like getting a car loan with no car! It's pretty unfortunate... because obviously no jobs now for students ....
The maintenance loan does not cover the rent - it only goes some way towards it. . The government are making significant financial concessions to millions of people. I was wondering where this minority of students stand..  and asking the question why they are being penalized at such an early stage in their financial lifes. 

You have misunderstood: the terms of a student loan are completely different from any commercial loan. There are already (rightly so) concessions: interest rates, repayments dependent on income, increase decrease, start stop as income alters.

Penalised? University at 18 is a choice. Some take a year or two out work and save, others take a decade or two out. Some study for their degree part time, others full time. I worked in teaching and research laboratories 'back in the day': at one university department all the first class honours were single mothers! Various longstanding family friends were mature students at an adult education college where my father worked.

Nor are you correct that there is no employment for young people at present. If they can drive or ride a pushbike there may be seasonal work out of town. British farmers are already very worried about the migrant European workers that are not arriving, and will not arrive. Warning of food shortages without a 'land army' of British farm workers from Spring through Summer.

kaMelo

I think the point is that in the absence regulatory directive stating otherwise a contract is still valid and binding. These are unusual times for sure but there are many students who don't have the choice like your son has to leave their student digs early. Overseas students can't go home, some are staying put to isolate from vulnerable people at home, some have no home to go to or they have jobs in the town/city where they study to help pay for their rent/food.
There was nothing stopping him from using the accommodation which is the key fact, choosing not to use it is not really a valid reason not to pay. I assume you are guarantor so it is you that will be on the hook if you choose not to pay and take your chances, if you do I wish you well.