Student rent: To pay or not to pay, that is the question

milleniumaire

My son's university shut down last month and like many students he returned home in mid March to continue studying online.  Meanwhile, we received the final terms student accommodation rent bill of £2144.  As most of the Uni owned accommodation is waiving their final rent bills I had hoped our private landlord would do the same, but so far they appear to be continuing to charge.  It's our bad luck we weren't able to get our son into Uni accommodation and had to go private with Glasshouse, a large supplier of flats for Nottingham Trent students.

As well as worrying about the current outstanding rent payment, I have just received a request to start paying rent for his second year.  Again this is a private sector rental.  As we have signed the rental agreement I believe we are legally obliged to pay the rent, but as we have no idea how long the current situation will last, this is yet another payment that could potentially be for nothing, if Universities don't re-open and/or the lockdown is not lifted for many months.

I would appreciate your thoughts on starting to pay out rent for a student property that may not be used if the current lockdown remains in place.

John_

The agreement that was signed will set out the terms, but it seems unlikely that you can avoid paying for the current tenancy. You may have more luck with the one that has not yet started.

sharpe106

It would depend on your contract, but if it says you have to pay and you don't they can try to claim the money. What other people are doing does not matter, it is not a legal defence. 

kyra595

I posted this same issue yesterday... I feel your pain. We are in exact same situation with Liverpool uni accommodation. Got email from accommodation provider today which said despite circumstances they definetly still required payment. I think I may go to local mp to see if they can seek help from government to provide financial support to students of some sort.

A_Lert

Students will still get their summer loan payments, even if their university isn't doing any teaching on campus. That will mitigate any financial issues, though I understand for many students the loan doesn't even pay all the rent never mind living costs.

It rankles to be paying rent for somewhere you're not living, but that's how it is if you have a fixed term tenancy and move out early. The landlord may choose to accept a rent reduction or a tenancy surrender, but if not then you can't do anything.

That's for this year. Next year is another story. I personally would take a dim view of a landlord pushing me to sign now on a tenancy that starts in September.

milleniumaire

A_Lert said:

..... I personally would take a dim view of a landlord pushing me to sign now on a tenancy that starts in September.

Unfortunately we have already signed the agreement for the year that starts in September, so we are legally locked in.  However, if the current lockdown continues through to September and beyond (lets hope it doesn't), we will yet again be paying for rental accommodation we can't use, just like we are doing for the last term of his first year.  This would be through no fault of my own, so I feel that legally we could fight it.  It's unfortunate the new landlord wants us to start paying on 1st May for accommodation that won't be used until September and I'm reluctant to part with any money until I know what the situation will be.

A_Lert said:

It rankles to be paying rent for somewhere you're not living, but that's how it is if you have a fixed term tenancy and move out early. 

Just to clarify, we did not CHOOSE to move out early, this was forced upon my son by the current Covid-19 outbreak.  Yes, he could have stayed in the flat and isolated there, but there was little point seeing that the Uni had shut down, itself an unusual situation.  His loan certainly isn't enough to cover the cost of living expenses and accommodation, we help him by paying for his accommodation.  It is more cost effective and safer for him to be living at home with us during the lockdown.  There is nothing "normal" about what is happening, these are all unforeseen circumstances and we are being forced to do things we wouldn't otherwise choose to do.
Most of us are being challenged financially (we certainly are and currently have NO income), yet private student landlords seem to be able to carry on as if nothing is happening.

Flugelhorn

I know of places where the Uni has shut the halls hence the accommodation is not available so no need to pay - one of my kids is in a private hall, which is still open and has opted to stay there - there are quite a few people there still. thing is the places is still available even if they aren't using it. tricky to know what you should do next year

gary83

milleniumaire said:

A_Lert said:

..... I personally would take a dim view of a landlord pushing me to sign now on a tenancy that starts in September.

Unfortunately we have already signed the agreement for the year that starts in September, so we are legally locked in.  However, if the current lockdown continues through to September and beyond (lets hope it doesn't), we will yet again be paying for rental accommodation we can't use, just like we are doing for the last term of his first year.  This would be through no fault of my own, so I feel that legally we could fight it.  It's unfortunate the new landlord wants us to start paying on 1st May for accommodation that won't be used until September and I'm reluctant to part with any money until I know what the situation will be.

Just playing devils advocate, if the accommodation is available but not occupied that’s also through no fault of the landlord. In addition You signed the contract agreeing to start paying on may 1st. 

I know this is going to be judged as heartless, but why should students be treated differently to anyone else? if anybody else was renting a house or flat they couldn’t expect just to leave it with no financial consequences because they decided to move back home with their mum and dad. Unfortunately the contractual obligations of a tenancy has often been one of those hard lessons people have learnt at uni.

sharpe106

milleniumaire said:

Just to clarify, we did not CHOOSE to move out early, this was forced upon my son by the current Covid-19 outbreak.  Yes, he could have stayed in the flat and isolated there, but there was little point seeing that the Uni had shut down, itself an unusual situation.  

You have answered your own question. Just because he does not want to be there is not an reason to break the contract. They have provided exactly what they said and it is available. They have not broke the contract. With it being a private landlord they will still have costs. So why do you think it is fair that they lose out? 

milleniumaire

sharpe106 said

......So why do you think it is fair that they lose out? 

Why has my client of many years terminated my contract without notice?
Why has the government forced the population to isolate?
Why is the government paying 80% of salaries to millions of people?
Why has my pension portfolio lost so much of its value?
Why can't we buy any toilet roll or hand sanitiser?
The answer is simple: COVID-19. 
We are all having to make sacrifices, why should a large organisation like Glasshouse, who provide student accommodation, be any different?  They are not loosing all their rent, just potentially the last term.  They may still make a profit for the year from the rent they have already received.
Why should Glasshouse continue as if nothing has happened?
I understand I am legally obliged to pay the rent, but is that fair given the current climate?

Flugelhorn

it is frustrating but think about it - you want the accommodation to be there next year and at the same sort of price. suspect uni owned accommodation will be much more expensive in the future as the unis aim to fill the hole in the budgets