University halls of residence tenancies

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  • University halls of residence tenancies

    Another theoretical question from me

    When I went to Newcastle University, I lived in the halls of residence. There was a list as long as your arm with restrictions, such as no pets and no guests unless you paid a few quid admin charge, along with many others(no candles for example!).

    My question is, is it in fact fair to have these restrictions? It would not be fair in a "normal" tenancy, so do halls of residence have some kind of special section of tenancy law or something?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

  • #2
    They are not Assured Tenancies, I dont know any more than that

    Comment


    • #3
      University Halls of Residence come under the category of "social landlords" and all occupants are therefore licensees; any restrictions can therefore be applied by the adminstrator/owner.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


      • #4
        Ah OK thank you paul!
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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        • #5
          Originally posted by Paul_f View Post
          University Halls of Residence come under the category of "social landlords" and all occupants are therefore licensees; any restrictions can therefore be applied by the adminstrator/owner.
          Yes and no.
          Universities are not Registered Social Landlords. That expression applies to Housing Associations and the like.
          However, lettings to student tenants ARE tenancies (not licences) but ARE NOT covered by HA 1988 if granted by a specified educational institution: see para. 8 in Schedule 1 to the Act.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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          • #6
            I beg to differ. If a student tenancy is not an assured or assured shorthold tenancy then it will be a contractual licence. There is no piece of legislation that defines the difference.

            One test though will be exclusivity of possession. Halls of residence provide cleaners etc and so the student will not be allowed to exclude others, a key point for a tenancy.

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            • #7
              Originally posted by attilathelandlord View Post
              I beg to differ. If a student tenancy is not an assured or assured shorthold tenancy then it will be a contractual licence. There is no piece of legislation that defines the difference.

              One test though will be exclusivity of possession. Halls of residence provide cleaners etc and so the student will not be allowed to exclude others, a key point for a tenancy.
              ...or a common-law tenancy. Anyway, provision of services by L does not force the contract to be a licence; T has exclusive possession and pays a rent, so it must be a tenancy albeit outside the Housing Act 1988.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Students don't have exclusive possession, they don't have the right to exclude cleaners, warders etc so hence licence.

                That reminds me of my student days in halls of residence in Sheffield good old Beryl the cleaning lady, thick as two short planks and for some unknown reason always pencilled in her eyebrows, one blue and the other brown!!!

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                • #9
                  Originally posted by attilathelandlord View Post
                  Students don't have exclusive possession, they don't have the right to exclude cleaners, warders etc so hence licence.

                  That reminds me of my student days in halls of residence in Sheffield good old Beryl the cleaning lady, thick as two short planks and for some unknown reason always pencilled in her eyebrows, one blue and the other brown!!!
                  No, you're still wrong (except about Beryl, I assume).
                  Student tenants in Hall do have possession exclusive of other tenants; the services which L provides do not resile from this; and, if the lettings were licences, what would para. 8 in Schedule 1 to Housing Act 1988 MEAN?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment

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