Student Halls - refunds

sealady

My son has just finished his first year at uni and stayed at the halls but this was not managed by the university but a private company.

After the christmas break he was instructed by the uni not to go back because of the covid restrictions.  Because he had signed a contract he had to pay his halls fees.  Has anyone else successfully gained a refund or is there something amongst all the Covid legislation that covers student halls?  I think he paid in excess of £2500 per term and not being allowed to live there seems a little unfair.  Any advice or help welcome.  I am going to send an email to the company who manages the halls but need to get the wording right.

Jeremy535897

The most important point is whether he was allowed to use the living accommodation. If he was, despite the fact that there may have been no point in him doing so, then the provider still expects to be paid. That is certainly the case with private accommodation, but if the university actually owns the accommodation in question, that may be different. It would be worth contacting the student union and the university about the issue.

Pennywise

Even Uni owned accommodation has been very varied.  Some unis have refunded for the weeks the flats weren't used, others have refunded a fixed weekly amount unrelated to the amount of rent paid (so some students got more than their rent, others got less), and some unis simply refused all refunds (at least publicly!).  Trouble is that there's nothing in the contracts to provide for a pandemic and the government didn't make any rulings either.  So basically, any refund at all is nothing more than a goodwill gesture, there's certainly no legal "right" for any refunds, whether private or Uni accommodation, unless the contract provided for that.

sheramber

Has your son still been paid a maintenance loan for living away form home?

Pennywise

sheramber said:

Has your son still been paid a maintenance loan for living away form home?

Pretty irrelevant as most loans don't cover living costs.  Repayments and interest are also required.

Jeremy535897

Pennywise said:

Even Uni owned accommodation has been very varied.  Some unis have refunded for the weeks the flats weren't used, others have refunded a fixed weekly amount unrelated to the amount of rent paid (so some students got more than their rent, others got less), and some unis simply refused all refunds (at least publicly!).  Trouble is that there's nothing in the contracts to provide for a pandemic and the government didn't make any rulings either.  So basically, any refund at all is nothing more than a goodwill gesture, there's certainly no legal "right" for any refunds, whether private or Uni accommodation, unless the contract provided for that.

I don't think it's that simple. If a student contracts with a university for accommodation, and the university then refuses the student entry into that accommodation, for whatever reason, that contract has not been performed by the university, and a refund should be due.

sealady

sheramber said:

Has your son still been paid a maintenance loan for living away form home?

yes he was but as the mentioned its irrelevant because in years to come when he has to pay it back.  It meant that when I was struggling financial because of various Covid reasons he could not pay towards his keep living with me

sealady

Pennywise said:

Even Uni owned accommodation has been very varied.  Some unis have refunded for the weeks the flats weren't used, others have refunded a fixed weekly amount unrelated to the amount of rent paid (so some students got more than their rent, others got less), and some unis simply refused all refunds (at least publicly!).  Trouble is that there's nothing in the contracts to provide for a pandemic and the government didn't make any rulings either.  So basically, any refund at all is nothing more than a goodwill gesture, there's certainly no legal "right" for any refunds, whether private or Uni accommodation, unless the contract provided for that.

I agree that is exactly what we have found.  The local university where I live if you did not live in your either privately managed halls, or university managed halls you did not have to pay for it.  

Pennywise

Jeremy535897 said:

Pennywise said:

Even Uni owned accommodation has been very varied.  Some unis have refunded for the weeks the flats weren't used, others have refunded a fixed weekly amount unrelated to the amount of rent paid (so some students got more than their rent, others got less), and some unis simply refused all refunds (at least publicly!).  Trouble is that there's nothing in the contracts to provide for a pandemic and the government didn't make any rulings either.  So basically, any refund at all is nothing more than a goodwill gesture, there's certainly no legal "right" for any refunds, whether private or Uni accommodation, unless the contract provided for that.

I don't think it's that simple. If a student contracts with a university for accommodation, and the university then refuses the student entry into that accommodation, for whatever reason, that contract has not been performed by the university, and a refund should be due.

Indeed, that's another permutation.  But that's difficult when students have their own keys, and some students are allowed on campus (i.e. because practicals are essential), but other students in the same flat are officially told (by Govt) not to return to their flats, but can do if they want (unofficially).  Where do you draw the line in the sand as to when the Uni refuses entry?  Obviously, it's easier in more old fashioned halls when the Uni has more control over the entry points via porter stations etc.  But what about where the Uni allows access (because they can't prevent it) but the Govt rules prohibit the student from returning to Uni after, say Christmas.  The Uni themselves aren't preventing students accessing their flats, but the Govt rules were that they should stay away and/or not travel.  In that case, the Uni aren't refusing entry, so aren't breaching the contract.  In fact, some Unis used that reason for not issuing refunds!

Jeremy535897

Pennywise said:

Jeremy535897 said:

Pennywise said:

Even Uni owned accommodation has been very varied.  Some unis have refunded for the weeks the flats weren't used, others have refunded a fixed weekly amount unrelated to the amount of rent paid (so some students got more than their rent, others got less), and some unis simply refused all refunds (at least publicly!).  Trouble is that there's nothing in the contracts to provide for a pandemic and the government didn't make any rulings either.  So basically, any refund at all is nothing more than a goodwill gesture, there's certainly no legal "right" for any refunds, whether private or Uni accommodation, unless the contract provided for that.

I don't think it's that simple. If a student contracts with a university for accommodation, and the university then refuses the student entry into that accommodation, for whatever reason, that contract has not been performed by the university, and a refund should be due.

Indeed, that's another permutation.  But that's difficult when students have their own keys, and some students are allowed on campus (i.e. because practicals are essential), but other students in the same flat are officially told (by Govt) not to return to their flats, but can do if they want (unofficially).  Where do you draw the line in the sand as to when the Uni refuses entry?  Obviously, it's easier in more old fashioned halls when the Uni has more control over the entry points via porter stations etc.  But what about where the Uni allows access (because they can't prevent it) but the Govt rules prohibit the student from returning to Uni after, say Christmas.  The Uni themselves aren't preventing students accessing their flats, but the Govt rules were that they should stay away and/or not travel.  In that case, the Uni aren't refusing entry, so aren't breaching the contract.  In fact, some Unis used that reason for not issuing refunds!

Yes, it is complicated. If a student rents private accommodation, and the provider makes that accommodation available, it does not help if the university is closed, because the student could still occupy the property. It does not really help if the government imposes restrictions on the student's movements either, as so far as the provider is concerned, they have made the property available (this was a major issue on holiday parks as well). Where a university provides the accommodation and prevents the student occupying it, the university has not performed the contract.

If government tells the university it cannot let students in to the accommodation, the contract is frustrated, but that does not mean the student cannot obtain a refund:

"If a contract is frustrated, it is automatically discharged at the time of frustration. This means that the parties to the contract do not need to perform any future contractual obligations. In addition, parties to the contract cannot claim damages for non-performance of these future obligations. 

Under the Law Reform (Frustrated Contracts) Act 1943, any money paid pursuant to the contract before the frustrating event occurred is repayable. Further, parties are released from future performance."

sheramber

https://www.moneysavingexpert.com/news/2021/01/students-face-rent-rebate-lottery-as-post-xmas-university-return/

https://researchbriefings.files.parliament.uk/documents/CBP-9122/CBP-9122.pdf