This page has been created to assist students in understanding how recent coronavirus legislation affects student tenants and to clear up any confusion regarding student accommodation and coronavirus.

Due to Covid-19/Coronavirus a new piece of emergency legislation was enacted by the Scottish Government which grants students living in PBSAs permission to terminate tenancies, for reasons related to coronavirus, earlier than the lease’s stated end date.

PBSAs - Purpose Built Student Accommodation Providers - are private student halls of residence, such as: Unite, U Student, Student Roost, Fresh Student Living etc...

You are encouraged to keep up to date with any information and advice that is issued by your accommodation provider and the Scottish Government. If you are unsure of how your rights are affected, or how legislation affects you, contact RGU:Union President (Communication & Democracy), AUSA Vice President for Welfare or NESCol SA Regional President.

• Important Information and Key Details
• Important Information about PBSAs in Aberdeenshire

Important Information and Key Details

The Legislation - Coronavirus (Scotland) (No.2) Act 2020

The legislation that has been passed is the Coronavirus (Scotland) (No.2) Act 2020. Below is the relevant extract which applies to students who have a student residential tenancy:

Tenant’s ability to bring tenancy to an end

2  -  (1) A tenant may, for a reason relating to coronavirus, bring to an end a student residential tenancy by giving to the landlord a notice which fulfils the requirements described in paragraph 3.

    -  (2) A tenancy comes to an end in accordance with sub-paragraph (1) on the day on which the notice states (in whatever terms) that it is to come to an end.

Requirements for notice to be given by tenant

3  -  (1) A notice fulfils the requirements referred to in paragraph 2(1) if—

    -  (a) it is in writing, and

    -  (b) it states, as the day on which the tenancy is to end, a day that is after the last day of the minimum notice period.

 

The Legislation - Temporary

The Coronavirus (Scotland) (No.2) Act 2020 is a temporary piece of legislation. It is currently set to be in place until 30th September 2022.

Therefore, the last date on which you can submit notice to terminate your lease is 3oth September 2022, after which it is expected that all relevant legislation will revert to standard.

This legislation has now been extended a number of times, most recently to 31st March 2022, however, as of March 2022, this has now been further extended to the 30th September 2022. Should it be required, Scottish Ministers have the power to further extend the temporary period for which these changes are in place. Therefore, a further extension by the Scottish Government cannot be ruled out. (see here for the Governments reasons for the extension 6.16 Second Scottish Act: section 2 and Schedule 1, Part 1 – Student residential tenancy: termination by tenant)

 

Terminating a Tenancy - Reasons

As stated in the legislation, you may, for a reason related to coronavirus, bring to an end a student residential tenancy. Therefore, the reason stated in your notice should be for reasons related to coronavirus.

The Coronavirus (Scotland) (No.2) Act 2020does not define, or give examples of, reasons relating to coronavirus but these could include financial hardship caused by the epidemic, the cancellation of in person teaching, health or wellbeing issues, or because students have returned to their family home in accordance with government guidance on physical distancing or travel restrictions.

The Coronavirus (Scotland) (No.2) Act 2020 does not require students who wish to terminate their agreements to confirm what their reason relating to coronavirus is, nor does it require students to provide evidence of that reason. It is expected that accommodation providers do not refuse to accept a notice due to a lack of reasons being given or because they disagree with the reasons being provided.

 

Terminating a Tenancy - Notice

Notice should be given in writing (this includes electronic communication where both parties agree to this) to your accommodation provider stating the day on which the tenancy will end (i.e. after the last day the minimum notice period applies). Students should check their tenancy agreement to see what has been agreed about how to serve notice/communicate with landlords.

 

Terminating a Tenancy - Notice Period

Students who entered into a student residential tenancy agreement and had occupied the property before 27th May 2020 can give seven days notice.

Students who have entered into a student residential tenancy agreement on or after 27th May 2020, or have not yet occupied the property, can give 28 days notice while the Coronavirus (Scotland) (No.2) Act 2020 is in force.

 

Important Information about PBSAs in Aberdeenshire

Aparto

Aparto has yet to announce publicly any measures to support student tenants financially during the current term of restrictions. However, they have recently updated their cancellation policy which you can find here so that if you book accommodation for September 2021, you will be allowed to cancel your booking before 31st May without penalty. However, be advised they make no mention on their cancellation policies of government legislation which allows students to terminate their tenancies due to a reason related to coronavirus. You can find out more information about the company’s response to coronavirus on its FAQ page.

Ardmuir

Ardmuir has yet to announce publicly any measures to support student tenants financially during the current term of restrictions. You can find out more information about the company’s response to coronavirus here, and you can find its COVID policy here.

Fresh Student Living

Fresh Student Living has yet to announce publicly any measures to support student tenants financially during the current term of restrictions. You can find out more information about the company’s response to coronavirus here, and you can find its FAQs here.

Hello Student

Hello Student has yet to announce publicly any measures to support current student tenants financially during the current term of restrictions. They have announced that if you book a room for 21/22 at any of their properties you will be able to cancel prior to 31 May 2021, without any penalties or questions asked. However, be advised they make no mention on their cancellation policies of government legislation which allows students to terminate their tenancies due to a reason related to coronavirus. You can find out more information about the company’s COVID-19 updated policy for 2020/21 bookings here. The company has also committed to support students and to discuss student tenant's needs individually by calling or emailing student tenants individually to discuss support requirements.

Homes for Students

Homes for Students has yet to announce publicly any measures to support students financially during the current term of restrictions. They have announced their COVID-19 SPECIAL CANCELLATION POLICY (2020-21 ACADEMIC YEAR) within their FAQs. However, be advised they make no mention on their cancellation policies of government legislation which allows students to terminate their tenancies due to a reason related to coronavirus. You can find out more information about the company’s response to coronavirus here.

Student Roost

Student Roost had announced a rent discount of up to 6 weeks of rent payments which has now ended. If you have any questions, please contact Student Roost for further information. In addition, you can find more information about their cancellation policies here. However, be advised they make no mention on their cancellation policies of government legislation which allows students to terminate their tenancies due to a reason related to coronavirus. You can find out more information about the company’s response to coronavirus on its FAQ page.

U Student

U Student has yet to announce publicly any measures to support student tenants financially during the current term of restrictions. They have stated here there if you want to cancel your tenancy early, their current cancellation policy is still in place and that you should contact your Accommodation Team to discuss further. However, be advised they make no mention on their cancellation policies of government legislation which allows students to terminate their tenancies due to a reason related to coronavirus. You can find out more information about the company’s response to coronavirus on its Coronavirus Advice page.

Unite Students

Unite Students had announced a 50% rent discount period for eligible students from 18th January 2021 up to 28th March 2021 and also that eligible students could participate in a four-week extension to the end of their tenancy at no extra charge. However, applications for these have now closed. They have stated here that if you want to cancel your tenancy early, their current cancellation policy is still in place. However, be advised they make no mention on their cancellation policies of government legislation which allows students to terminate their tenancies due to a reason related to coronavirus.