COVID-19: Early termination notices for student accommodation in Scotland

Last updated 1 June 2022

Note added 1 June 2022: The provisions of the Coronavirus (Scotland) (No. 2) Act 2020 (discussed below) which allow students to give 28 days’ notice to terminate purpose built student accommodation tenancies for a reason relating to coronavirus will be suspended on 1 July 2022 by the Coronavirus (Scotland) (No. 2) Act 2020 (Suspension: Termination of Student Residential Tenancy) Regulations 2022. The suspension means that the relevant provisions will no longer have effect but are capable of being revived by regulations made under section 8 of the Act. The suspension does not apply in relation to relevant notices given before regulation 2 of the 2022 Regulations comes into force. Therefore, a student will be able to terminate their tenancy for a reason relating to coronavirus on giving 28 days’ notice at any time before 1 July.

Students in purpose-built student accommodation or university/college halls of residence in Scotland are currently permitted to terminate their tenancies early "for a reason relating to coronavirus" under temporary provisions included in the Coronavirus (Scotland) (No.2) Act 2020 (“the Act”). The Act came into force on 27 May 2020 and a number of its provisions have recently been extended to 30 September 2022 by the Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2022.

For the purposes of the Act, purpose-built student accommodation has the same definition as in paragraph 5 of schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016, which means that the let property must be within accommodation including at least 30 bedrooms.

Under part 1 of schedule 1 of the Act, a student (in purpose-built accommodation or university/college halls) may (for a reason relating to coronavirus) bring their tenancy to an end on giving not less than 28 days’ notice. Although the Act refers to tenancies, it seems likely that the intention is that students with licences to occupy are also entitled to serve early termination notices. (Originally, the Act had also allowed a shorter (seven day) period of notice to be given by students had who entered into a tenancy before 27 May 2020 and occupied the property prior to that date, but this provision expired on 30 September 2021.)

The Act does not expand on the meaning of "a reason relating to coronavirus,” but parliamentary reports published during the passage of the Bill which preceded the Act confirm this is deliberate, to give courts a wide degree of flexibility in interpreting the phrase.For a student’s notice to be valid, it must be in writing (which includes electronic communications) and state the day on which the tenancy is to end. This must be a day that comes after the last day of the minimum notice period.

A Scottish Parliament briefing paper published with the Bill in May 2020 explains the policy intention behind the provisions relating to student tenancies:“These measures ensure that students who have left their accommodation, or who are unable to return to it due to the coronavirus outbreak, are able to end their contracts early. Students looking to find suitable accommodation for the next academic term have reassurance that, should restrictions continue and they are unable to occupy their accommodation, they will not be forced to pay for accommodation they are not using for a full academic term during the time that the provisions are in force.”

The Scottish Government’s most recent report on the operation of the Act (published on 13 April 2022) includes the following explanation (at paragraph 7.2.1) for the continuation of the provisions:

“Earlier in the current academic year, the levels system of restrictions was revoked and revised guidance published for universities, colleges and community learning and development providers. The guidance reflects an understanding that the virus remains unpredictable and significant risks remain and therefore, the provisions of the Act remain necessary at the moment. The 28 day notice period has given students looking to find suitable accommodation in the current academic year reassurance that, should restrictions continue or more restrictive measures be re-introduced, either locally or nationally, that prevent students from taking up their accommodation as planned, they will not be held liable to pay for accommodation they are not able to use.”

Providers of purpose-built student accommodation may also be interested to know that part 10 of schedule 4 of the Act expired on 31 March 2022. The effect of this provision had been to extend council tax-exempt dwelling status to unoccupied student accommodation that became unoccupied for a reason relating to coronavirus on or after 17 March 2020.