How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Vineet S Your Own Question
Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1673
Experience:  Freelance Solicitor at Self Employed
60556257
Type Your Law Question Here...
Vineet S is online now

I have some problems with ending the accommodation contract.

This answer was rated:

Hi! I have some problems with ending the accommodation contract. Would you be able to help me with that and give some advices?
JA: Where are you? It matters because laws vary by location.
Customer: Kent, Canterbury
JA: What steps have you taken so far?
Customer: I sent them a long email, providing 3 strong arguments: health risk, financial problems and all online classes. I would like to ask you if you could look on the agreement and see if I can still got a chance. It is written in the contract that I can break the contract because of health and security issues without liability if they consider my health is at risk, which it is true, because of COVID 19
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Hi there,

Could you please attach your tenancy agreement here.

Customer: replied 17 days ago.
Thank you
Customer: replied 17 days ago.
sure
Customer: replied 17 days ago.
https://media.www.kent.ac.uk/se/13497/BT_130447_AccommodationHandbook2020-21_A5_NEW.pdf
Customer: replied 17 days ago.
sorry, not the right one
Customer: replied 17 days ago.
https://media.www.kent.ac.uk/se/12326/Terms_and_Conditions_of_the_Accommodation_Agreements_2020_V3.pdf.

You have to attach it here by clicking the upload icon on top of your reply box.

Customer: replied 17 days ago.
11.TERMINATION AND SUSPENSION OF THE AGREEMENT

https://www.justanswer.com/help/how-do-i-send-photo-or-file-expert

Customer: replied 17 days ago.
the agreement is only available online, like a website. If you write kent accommodation agreement 2020-2021,you'll find it
Customer: replied 17 days ago.
I don't have it like a file saved on my computer

You can copy paste the relevant clause here-

Term and termination

Customer: replied 17 days ago.
File attached (P7Z7T44)

Thank you. I will go through it and will be with you shortly.

Customer: replied 17 days ago.
ok, thanks

Where is the duration, term of this contract?

Customer: replied 17 days ago.
is for 2020-2021, meaning from september to june
Customer: replied 17 days ago.
because it is the same for all the students, for 3 terms

Right.

so, it is a fixed term contract.

Customer: replied 17 days ago.
I think so

A fixed-term tenancy can be terminated -

by exercising Break clause

or on the expiry of the fixed term tenancy.

Or by surrender of the tenancy in favour of a new tenant , if mutually agreed with the Landlord.

Tenant remains liable for all rent payments till the new tenant takes over the tenancy , in surrender of tenancy.

Customer: replied 17 days ago.
But there is written about health and security too

tenancy agreements are binding contracts and can not be breached without having financial implications.

Customer: replied 17 days ago.
moreover, I know a friend that ended her contract without finding another person that would take over
Customer: replied 17 days ago.
wouldn't it be this an argument?

It is for University to determine , if they have to close the accommodation due to health and safety reasons.

Customer: replied 17 days ago.
can you help me with some good arguments in order to convince them?

You can ask your university to early release from this agreement

Customer: replied 17 days ago.
They try to convince me not to

Is there any personal guarantor who signed it for you?

Customer: replied 17 days ago.
I signed it for it online

So, no personal guarantors or advance payment of rent?

Customer: replied 17 days ago.
No, it is a campus accommodation
Customer: replied 17 days ago.
it is provided by the university

Is there online classes now?

Customer: replied 17 days ago.
that's the think! They promised us a mix of online and offline classes and now I got only 1 offline class per week, which is not reasonable for me to any longer pay for acccommodation as I am not from UK. It seemed like they hided these things in order to make us pay for our rooms and come on campus

right, you with other students have to speak with the university’s accommodation or housing office, explain your situation and try to negotiate with them, and try to cut your rental agreement short, or rent reductions.

You might not be able to terminate it though, unless mutually agreed with the University.

Customer: replied 17 days ago.
do you think is possible?

if your accommodation is tied to you attending a course in a particular location but the course is now being delivered mostly online, you might be able to make the argument that your rental agreement has been frustrated .

yes, it is possible , all of the students have to take joint action, and collectively pressurize the university authorities

Customer: replied 17 days ago.
isn't it a good argument that the only option that they give to me (to find another person) is impossible during pandemic right now, so they take my right to end the contract in a way?
Customer: replied 17 days ago.
also, if they did accept to end to contract for a student and don't want to end mine, isn't it unfair?

No, for the first reply.

Yes, if university has terminated some or any of the student early, then it can be used as a precedent for others.

Customer: replied 17 days ago.
any other advices you can give?

You can use that argument that other student has been released early by the university , and now you should be given the same opportunity .

Customer: replied 17 days ago.
ok, thank you

My pleasure, thanks again and all the best.

Vineet S and 2 other Law Specialists are ready to help you