Students – What are my rights and obligations if they leave?

by Readers Question

16:35 PM, 26th March 2020
About 7 months ago

Students – What are my rights and obligations if they leave?

Make Text Bigger
Students – What are my rights and obligations if they leave?

I have a student HMO. The tenants are still on a fxed term joint and several AST for 10 months commencing 9th Sept 2019. One of the tenants who is Polish has asked to be able to terminate his tenancy early in April subject to travel availability to return to Poland.

Is he permitted to terminate whilst the tenancy is still in the fixed term period and how does this affect the other tenants as they are technically liable for the leavers portion of the rent.

I have read the tenancy agreement ( a standard NLA Document ) and whilst it specifies rules re termination once the agreement has become periodic I can find no reference to the situation re the fixed term.

I anticipate some of the others may want to do the same.

I have read that the student payments/loans etc will still be paid at the beginning of next term after Easter so they cannot claim that the virus has caused them financial hardship as they have not lost income and cannot therefore claim any government financial aid and if they move back home they will be classed as living with parents so no benefits are payable.

Any advice as to the legal position will be gratefully received.

Paul


Share this article

Twitter Facebook LinkedIn

Comments

Peter Rachman

9:40 AM, 27th March 2020
About 7 months ago

"I have read that the student payments/loans etc will still be paid at the beginning of next term after Easter so they cannot claim that the virus has caused them financial hardship as they have not lost income and cannot therefore claim any government financial aid and if they move back home they will be classed as living with parents so no benefits are payable."

It's pretty rare that the mainainance loan will cover the rent and leave enough for food, clothes, etc... Plenty of students will have part tim jobs to suplement income, or will receive help from others who may well be suffering financial hardship as a result of Covid. I realise this doesn't answer your question but I've seen a lot of landlords suggesting that because loans are still being paid that students will not be subject to loss of income which is untrue for many.

Mark Steel

10:08 AM, 27th March 2020
About 7 months ago

Unite student accomodation is allowing students to not pay next term (as the uni's are closed for f2f teaching), and as above comment the student loan even if they get any for maintenance at all, its not enough - its £9203 for 2020/21, and i know halls rent is on average £7500 - so that leaves £1700 for the year to live on...

Freda Blogs

8:38 AM, 28th March 2020
About 7 months ago

Reply to the comment left by Peter Rachman at 27/03/2020 - 09:40
I don’t wish to appear hard hearted here, but isn’t this where guarantors come in? They are there in theory for when tenants cannot/will not pay.

The majority of guarantors will be receiving appropriate employer/governmental support (and many landlords will not). Whilst some students/guarantors will have financial difficulty, it should not be assumed as a matter of course that the buck stops with the landlord.

Jon Williams

10:00 AM, 28th March 2020
About 7 months ago

Reply to the comment left by Freda Blogs at 28/03/2020 - 08:38
I'm waiting to see what happens on 01st April when the rents are next due. Yes I agree that Guarantors are my recourse if there's non payment. I don't get bailed out by the government so I need income. Also students will still be receiving their loans!
From what I've read force majeure doesn't apply in most property tenancy agreements so the tenants are legally bound to pay the rent (or the Guarantors). We'll probably be held up as heartless landlords but no one else is covering my income. As an Industry I think we have to stand firm.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Welsh temporary lockdown - Is moving home permitted?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More