Housing

The SU Advice team are currently receiving enquiries from students asking what their legal obligations are in relation to their accommodation. These questions have mainly been based around refund of rent, and whether contracts can be terminated. 

We appreciate that these are exceptional and difficult times for our students, and many may have chosen to return home. Unfortunately, accommodation agreements are still legally binding, and it is up to accommodation providers to decide whether they will agree to end agreements early, or negotiate with residents/tenants. 

Any student who vacated University-owned accommodation by 1st April 2020 and informed the Accommodation team have been released early from their contract and will no longer be charged the final rent installment for this academic year. Students living in accommodation owned by Unite Students or IQ who have now vacated have also been released early from their contracts. These students should have received communication from Unite Students and IQ directly providing further information. 

If your housing contract is with a private landlord/agent, it is likely you are still legally liable to pay rent.

Most student tenancies do not have a ‘break clause’ so you will remain liable for the rent until the end of the fixed-term. 

If you have a joint tenancy agreement, as most students in private-rented accommodation do, if one of your housemates doesn’t pay their rent, you have “joint and several liability” for the rent. This means that you and your housemate are liable for all the rent due - so you could be asked to pay it (as could guarantors). 

Our advice is as follows:

• Stay in your current household as long as the government guidelines advise you to do so. For government guidance please see here (https://www.gov.uk/coronavirus
• As you are legally liable for your rent, you should continue to pay it.  
• Speak to your landlord or agent and see if you can negotiate an agreement with them. Whilst there is no obligation for them to make any concessions, you may be able to arrange something. For some tips on writing to your landlord please read this document (Hyperlink to doc about writing letter to landlord)
• Check whether your contract has a break-clause. If in doubt, send SU Advice a copy of your contract and we can check for you. 
• Your contract will usually say that you need to give notice if you are going to be away from the accommodation for a period of time – check your contract and let your landlord/agent know if you are going to be away. 
• You will remain liable for the utility bills until the end of your tenancy agreement. If your rent includes an amount for bills – you could ask the landlord/agent to reduce your rent amount if you will not be staying in the property (and they do not agree to end your tenancy early). 
• If you have signed an accommodation contract for the academic year 2020/21 - this agreement will still be binding.  
• If you have paid a deposit and are moving out, ask when you will get your deposit back. Deposit scheme rules vary, but you may only have 3 months (less one day) from the end of the tenancy, or from vacating the property, to access the “alternative dispute resolution service” that the schemes offer.  

The University of London Housing Services has useful information about Covid-19 Coronavirus & Private Housing Rights which we strongly recommend you read.

The Government has also created “Coronavirus (COVID-19) Guidance for Landlords and Tenants” which may also be useful to read.

Please get in touch with Students’ Union Advice if you have any queries related to accommodation at su-advice@bathspa.ac.uk

Coronavirus (Covid-19): Writing a Letter to Your Landlord Guidance

If you have read your tenancy agreement and there is no break clause, then you can write a letter to your landlord. The SU Advice Centre has put together some hints and ideas of what you can include in your letter.

Please note this is not an exhaustive nor prescriptive list, please use what is relevant to you in writing your letter.

Summarise your situation

Briefly explain your own circumstances. This may include if you have moved out, become ill or struggling to pay full rent whilst remaining in the property.

Detail your mitigating circumstances

If you have specific reasons why you are unable to continue making rent payments, such as unemployment due to Covid-19, illnesses or family circumstance then these are mitigating circumstances and can be included.
If you are an international student, either remaining in the UK or that has returned home, whose financial situation has changed this would also be a mitigating circumstance.

Include evidence

Include relevant dates as evidence, such as when the university changed to online teaching, when you moved out of your property, when you were made redundant or when you became ill. 
Any documentation, website pages or emails related to your situation and mitigating circumstances can also be included.

Possible solutions

Explain what solution you are looking for. This may be:

• Early release from your tenancy agreement - The contract would end and you will no longer be a tenant
• A rent reduction - an agreed reduction in your rent payments that would continue to be paid according to the original payment dates
• A rent holiday - this would pause your payments for an agreed period of time however the full amount would be due at a later date

You should make sure that you get any agreements in writing from your landlord and keep all correspondence for your own records.

Top Tips

• Remember to be professional, it will look better if you have put effort into your letter so we recommend getting a friend or family member to proofread your letter.
• Be as honest and detailed about your situation as you are comfortable to be. Landlords are more likely to be sympathetic if they understand your whole situation
• Be kind. Politely requesting the end of a contract or reduction in rent payments will be more persuasive than demanding anything.
• Don’t forget you can ask an advisor at the SU Advice Centre for any advice about your letter or housing situation

Please note - There is no guarantee that by following these steps your letter will be successful.  It is simply to be used to provide your landlord with an overview of your current situation.  Your landlord will advise whether or not they are able to amend the payment terms of your tenancy agreement. 
 

In England and Wales, if you rent your home on an assured shorthold tenancy that started after 6 April 2007, your landlord must place your deposit in one of the following tenancy deposit protection (TDP) schemes:

• Deposit Protection Service
• MyDeposits
• Tenancy Deposit Scheme

These government-backed schemes ensure you’ll get your deposit back if you:

• meet the terms of your tenancy agreement
• don’t damage the property
• pay your rent and bills

For more information about Tenancy Deposit Protection please see https://www.gov.uk/tenancy-deposit-protection

The website above includes information on:

• Overview
• Information landlords must give tenants
• If your landlord doesn't protect your deposit
• Disputes and problems
• Get help and advice

When moving in make sure you:

• Fill out an inventory and what condition things are in. Make sure you mark any changes and sign and date it. Don't forget to keep a copy for yourself once you have sent it back to your landlord.
• Make sure you take pictures and email the pictures to yourself. You will regret it when you move out if some of your deposit gets taken because of a mark that was already there when you moved in.
• Report any issues in writing to your landlord or letting agent.

You can find out more information at NUS’ Ready to Rent website http://readytorent.nus.org.uk/moving-in/

When moving out make sure you:

• Read all the meters, and then contact all the utility companies with the final reading. 
• Give them a forwarding address for the final receipt. 
• Get contact details from all your housemates- you may need to forward deposits etc. 
• Remove all of your items from the house- including any rubbish. 
• Return ALL the keys to the agents- they will charge you if you don’t.

Student Housing Services are your source for information and help on housing and accommodation.

There is lots of information on their website: http://thehub.bathspa.ac.uk/services/housing

Current and prospective students can also email them on accommodation@bathspa.ac.uk or ring on 01225 876777

Alternatively, for independent and impartial advice, email our Student Advice Centre, on su-advice@bathspa.ac.uk.

Shelter: http://england.shelter.org.uk/housing_advice

The Student Community Partnership (SCP) is made up of Bath & North East Somerset Council and Student and Staff representatives from the University of Bath and Bath Spa University.

It provides a forum for liaison between the Universities, their Students' Unions and the Council on matters relating to students and the local community. This includes accommodation, transport, welfare, community relations, community safety and environmental issues. 

You can have a look at the Student Community Partnership website here.