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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 457
Experience:  Owner at James Bruce Solicitors
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Our son is a student in Gloucester uni, the problem he face

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Our son is a student in Gloucester uni, the problem he face is that the accommodation he was in didn’t realised the students from their contract for 3 semest due to covin19 however that was the only student accomodation in Gloucester that request to pay £1500 instead of £400 like rest of student accommodation in Gloucester. The uni is saying that is because the particular accomodation is managed by privat company cityheart. He also was recently harassment from uni about the way he stand out for unfair treating between students accomodation. The tutor over the phone told him that he might loose his scholarship because he is making despite. Please could you advice what to do
JA: Has he talked to a lawyer about this? What country does he live in? If different, what country does this legal question relate to?
Customer: uk
JA: What steps have been taken so far?
Customer: emails sent to universitet facility team, student uni, living heart LTD, MP, Youth monies blog, and some news paper
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that the accomodation is on Gloucester university website Adverted between rest of students accomodation but it’s saying that is managed by cityheart.

Hello I am James a Solicitor

I will assist today,

It is not very clear, what you are asking for help with, is it about student accommodation and rent?

Customer: replied 13 days ago.
The is more issue with The cityheart They offered a discount of £500 but only to the 8th of May and they said that if you don’t pay then the full amount will be due. Our son come back to his primary accomodation on the day that prime minister say so therefore he left empty accomodation on 27 March. This looks for me that the company is blackmailing students that the about the discount. We don’t understand how rest of uni accomodation are paying only £400 when that one request the full amount or with discount but only if you do s
Customer: replied 13 days ago.
Ye
Customer: replied 13 days ago.
it’s about the payment of the rent for the 3th semester when all uni accomodation realised students to pay it for.
Customer: replied 13 days ago.
Are you able to help??

Unfortunately, unless there is a clause in the agreement to allow no payment in such circumstances, then the student will still be liable for the rent on the accommodation.

Customer: replied 13 days ago.
But this is not normal situation? How about the other students why they have be able not paying at all or just a little as £400???

The government has made no provisions for students and payment for accommodation. Student can try to negotiate with their landlord, but landlords under no obligation to cancel rent payments.

Customer: replied 13 days ago.
Covin19 this is situation
Customer: replied 13 days ago.
But this is not a privat Landlord this is uni accomodation managed by company called cityheart

Covid19 is a terrible situation, but does not break a tenancy agreement or rental agreement, that is the current law.

Private landlords can and in most cases are pursuing students for the rent and will proceed for breach of contract if not paid.

Customer: replied 13 days ago.
This is a company

Yes a company who rent property, same principles apply, the only way out possibly would be if the agreement allows for it.

Customer: replied 13 days ago.
How come Uni is realised students to pay for
Customer: replied 13 days ago.
How the students can be treated differently???

Sorry but I cannot answer for the uni is doing, that is at their discretion.

It is very unfair, but legal.

Scottish government has addressed this with new tom laws, but not in England.

Simply, the student did not have to rent the property, that was their choice, hard but that is the law. They entered into a legal contract, and without a clause such as force majeure to end it, the contract is still legally enforceable

Customer: replied 13 days ago.
How possible that some big companies that own the students accomodation are let students no to pay and some don’t?? He is not leaving in the accomodation due to not fault of his. The cityheart then not able to provide the srevice

I have already explained that, it is at their discretion, if they choose testily charge the tenant they are legally entitled to.

if you have a copy of the agreement you can attache I can look to see if there is a get out clause.

Customer: replied 13 days ago.
I will have a look for it.
Customer: replied 13 days ago.
Why the company cannot claim the loose of income like university does ?

If i could ask you to click on the 5 stars and accept answer i can then reserve the question to me and then answer whennyou find agreement.

Customer: replied 13 days ago.
I’m looking for the agreement will take me a bit of time

Thats fine I am here to try and help you out of this terrible situation.

If you could accept answer I will hold onto question.

Customer: replied 13 days ago.
Have you received the attachment

sorry, no attachment yet

Customer: replied 13 days ago.
File attached (LTGPSG6)
Customer: replied 13 days ago.
File attached (Z3SL662)
Customer: replied 13 days ago.
File attached (L1G2V4P)
Customer: replied 13 days ago.
File attached (P3QM1P4)

just arrived

Customer: replied 13 days ago.
File attached (SLG5ZVT)
Customer: replied 13 days ago.
File attached (P72V3LG)
Customer: replied 13 days ago.
File attached (114Z5Z5)
Customer: replied 13 days ago.
File attached (PM5ZV35)
Customer: replied 13 days ago.
Any chance??

Thanks, ***** ***** read through the tenancy agreement.

Unfortunately, there is no break clause in the contract to allow the tenant to end early. Neither is there a force majeure clause to rely on.

Therefore, I am sorry to say, that without the discretionary agreement of the landlord, the rent payments still have to be paid.

The clause regarding the student remaining in full-time education I would assume is still applicable and that the student is still registered at the university. Even if not, they would still be legally responsible to pay the rent. The option to terminate in this situation again, is discretionary on the landlord.

Customer: replied 13 days ago.
Ok understand. But who is the landlord in that case?

The parties at item 1 in the agreement. The contract is between them, the student and the guarantor.

Customer: replied 13 days ago.
Was that our son no miss sold as he chooses the accomodation from uni website where the accomodation was advertised between others uni accomodation?

Sorry, but I have advised on the law regarding your current tenancy agreement, the bot***** *****ne is that if the rent is not paid the the landlord can come after either the tenant or the guarantor for the payment.

I cannot comment on whether the accommodation was missed as you put it. There is no evidence of any miss selling in the agreement.

The whole situation is unfair, but as a solicitor I must advise on the law, which does mean on occasions giving advice that customers may not want to hear.

Can I assist further at this time. I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. Although you have already paid Justanswer, I won’t be paid for my time from their website if there is no rating left for me

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