HOUSING TOOLKIT FOR PRIVATE RENTING
As we find ourselves is another national lockdown, this has once again had an immense impact on the student community. The increased restrictions and changing messages have understandably caused much uncertainty and frustration. Winchester students have repeatedly shown huge resilience as we continue to navigate our way through the ever-evolving guidance.
One of the many concerns that students are currently facing is around your University accommodation. If you have been residing in Halls of residence or University Managed Housing (UMH) you can expect to receive communication from the University outlining how they will be managing rent payments for the period of the Government lockdown. Your Student Union Sabbatical Officers made a number of recommendations to the University’s Senior Management, which included a section on accommodation rent rebates – you can view the full blog post here.
With regards to private housing, this is a more complex issue and one that is outside of the University’s control. Your Student Union President, Megan Ball, has written to Steve Brine, MP for Winchester, and The Lord Bishop of Winchester, urging them to do more to support students and the University, and to raise concerns regarding the approach to higher education during this current national lockdown. We are calling on the government to implement national comprehensive financial support for universities and landlords; in turn, allowing them to provide rent rebates without suffering sudden unplanned financial burden as a result of pandemic measures.
A swift response has been received from the Lord Bishop of Winchester, who has pledged his support to you as students, and has advised that he will raise students’ concerns surrounding rent within the House of Lords when he can.
We hope the below frequently asked questions will help to provide you with some clarity regarding private renting. Should you require additional help, guidance and support please do not hesitate to reach out to the Student Union Advice Centre.
My contract hasn't ended but I've left the property and won't be returning. Do I still have to pay rent?
This will depend on your circumstances, for example if you live alone, or everyone on the tenancy agreement wants to leave.
If you have signed a contract for a fixed period, e.g. 12 months, and you are still in that fixed period, check if your contract has something called a ‘break clause’. This may allow you to terminate your contract after a certain date, before the end of the fixed term, providing you give the required notice. A break clause can only be used if every tenant on the agreement wants to move out, and you may still have to pay rent until the required notice period has ended.
If your contract does not have a ‘break clause’, or the break clause cannot yet be exercised, you will not have any automatic right to end your contract. Even though the current situation is very concerning, there have not yet been any changes to the law regarding ending tenancies in relation to Covid-19. Until you negotiate with your landlord, your obligation to pay rent remains the same.
Click here to view a template for rent reductions.
Click here to view a template for contract release.
I want to leave but other tenants are staying in the property
If other tenants are staying on, it is unlikely you will able to leave without continuing to pay rent unless you find a replacement tenant. You should discuss your wish to end the tenancy with the other tenants and the landlord. If the landlord is happy to let you go and will not require your rent to be covered in your absence, then you will not be required to pay (you must get this in writing). However, if the landlord will not release you from the contract without a replacement, they could still ask you, your housemates or your guarantor for the money, even if you have moved out.
How do I ask my landlord if they will release me from my contract?
If you wish to be released from your contract, the best thing to do is send a polite letter/email to your landlord and give them time to consider your request. You can adapt our template which can be found at the bottom of the page.
Any decisions that are reached regarding further rent payments should be confirmed in writing. If the landlord will not release you from the contract, you will have to keep paying the rent, or your guarantor may be asked for the money, even if you’re not staying there.
Click here to view a template for rent reductions.
Click here to view a template for contract release.
If your landlord won’t release you from the tenancy agreement and you can’t afford to pay, you should maintain communication with them about how much you can pay and when, and keep making payments towards the rent you owe. Currently, the government guidance is that landlords can continue to charge you rent, but they have to be flexible about payments. You can adapt our template which can be found at the bottom of the page.
Click here to view a template for Notice of Financial Difficulty.
Can I move between my family home and student home?
In general, leaving where you are currently living to stay temporarily at another property is not allowed. You should continue to follow the Government's 'stay at home' order and only travel when this guidance has changed, there are however some exceptions. Please check Government guidance and the University Intranet for the most up to date announcements and guidance.
If you are moving permanently and you’re being helped, please ensure you adhere social distancing rules and ask your helpers to avoid using local amenities in the interest of public safety.
I don’t live in my student home anymore, but my friends are still expecting me to pay towards the bills. Do I have to pay?
In most cases, yes, because most students are in a jointly and severally liable contract (two or more persons are fully responsible equally for the liability). You should also consider that most of the bills are fixed and you agreed to split them equally when you took up the contract. Everyone has budgeted accordingly and it wouldn't be fair to expect people to suddenly start paying more.
If you’re struggling to pay and need some extra time, you should contact the suppliers you owe money to and explain your situation. If you keep them updated, they should show flexibility during the next couple of months.
What happens if I move out before the end of my tenancy and don’t pay my rent?
The landlord may take action to get the rent from you, or from your guarantor if you have one. They may take some of this money from your deposit. If the amount you owe them exceeds your deposit, they may write to you to formally request the money. You might be charged interest on the amount owing and if you still don’t pay, they may start a court claim against you.
Rent striking
Students may want to withhold payments for their accommodation until they receive a fee waiver or discount. This is known as rent striking. We do not encourage rent striking as it may result in rent arrears or legal action being taken. Students in accommodation are under contractual obligation to pay their rent and must do so on time. Any student who is unable to pay their accommodation fees should speak to their landlord or accommodation provider as soon as possible and let them know about any financial difficulty.
Financial Difficulties
The Student Support Fund is open for applications for students who find themselves in unexpected financial hardship. If you are facing financial difficulties as a result of the loss of part-time work or other changes of circumstance, please contact the Students and Money team. For initial support and advice you can request an appointment to meet with a member of the Students and Money team here. Alternatively, please email StudentsandMoney@winchester.ac.uk.
Letter templates
Notice of financial difficulty template
Template for students to MP Jan 2021
Letter template for rent reductions
Letter template for contract release
