Case Studies We publish case studies of some of the complaints that we receive and how they were resolved. We always leave out of the summary any information that might identify the student or provider. Where a case is upheld by the Tribunal, the notes of this can be found here December 2020 - a postgraduate student was suffering noise nuisance during the pandemic Issues Raised An international postgraduate student contacted the National Code to make a complaint because he was unhappy with the anti-social behaviour (ASB) within his accommodation and he felt the Provider was not doing enough to help. He explained that he was living in an inner-city development during the pandemic, which was occupied mostly by first year students who were gathering to socialise, despite the COVID Restrictions. The complainant was struggling to work and sleep because of unacceptable levels of noise and disturbance throughout the day and night. This was having a negative impact on his studies and wellbeing. The student wanted to stay in the UK but he was extremely unhappy with his living conditions. He felt that the Accommodation Provider was not solving the problem or ensuring his quiet enjoyment. The Code The Complainant was living in Accommodation provided by his University, within a privately owned building. The National Code of Standards for Larger Developments for student accommodation NOT managed and controlled by educational establishments applied. This Code does not specifically address Noise and ASB. Noise and ASB are statutory matters. Accommodation providers can send warning letters and then they may escalate to the relevant organisations (the Police and Local Authorities) to take enforcement action. They may involve the relevant academic institutions, who could take action under their Code of Conduct. It is possible to evict a tenant for ASB, however this is rarely practical because the legal process of going to court and presenting evidence would usually take longer than the length of the fixed term tenancy. Problems relating to inter- tenant friction are generally resolved by arranging a room-swap for the person affected. Action taken The Complaints Investigator talked with the Complainant to get a better understanding of the problem and to explain the remit of the Code. The provider had previously arranged a move to a different flat within the development but this had not helped. The provider had proposed a further move within the same development but the complainant was frustrated, thinking this demonstrated a lack of care and understanding because similar issues with noise, gatherings and ASB and were occurring throughout the building. The Complaints Investigator contacted the Provider to discuss the case and express the severity of the problem which was being compounded by the exceptional circumstances of the Pandemic. The Provider agreed to make urgent contact with the University to explore other options. The Provider was able to work with the University to agree a move to a different site with other Post Graduates. Outcome No Formal Complaint was made because there was no breach of the Code, but a positive outcome was reached for the tenant who was happy to be suitably re-housed. February 2021 - a student with disabilities had to suspend her studies for medical reasons during the pandemic Issues Raised The mum of a student contacted the Code Complaints Investigator because her daughter had deferred studies and left her accommodation. As she was no longer a student and not receiving a maintenance grant, the tenant was struggling to pay her rent. The student had chosen a practical degree course because she had learning disabilities and depended heavily on face-to-face, one to one sessions with her lecturers and designated Academic support. The Pandemic caused significant alterations to the course and the modified delivery methods no longer met the student’s learning needs. The course leader agreed the student should suspend studies until the course could recommence as normal. The complainant contacted the Accommodation Provider on several occasions to discuss options but felt her daughter’s case had not been given full consideration. The Code The Complainant was living in privately owned student accommodation, covered under the National Code of Standards for Larger Developments for student accommodation NOT managed and controlled by educational establishments. It is not within the remit of the Code to deal with contractual issues (such as tenancy agreements and rent) because these are legal matters. There is no provision made within the Code for dealing with the effects of the pandemic because it was unforeseen. The formal position of the UK government was that “tenants should continue to pay rent and abide by all other terms of their tenancy agreement to the best of their ability” and rent levels agreed in the tenancy agreement remain legally due. However, the National Code stated that the Complaints Investigator would consider the Exceptional Circumstances of each case. Where it was felt that the unique circumstances merited individual consideration, these representations were sent to the provider with the expectation that they would be properly considered and responded to in a way that avoided reference to internal policies, addressed the individual’s unique circumstances and provided sound justification for decisions. Action taken The Complaints Investigator asked the Code Contact for the Provider to consider the Exceptional Circumstances of the case. Outcome In light of the circumstances, the provider decided to release the tenant from the tenancy agreement early. The complainant was relieved and satisfied with this outcome. April 2021 - an International Student with disabilities retuned home during the pandemic Issues Raised An International student contacted the National Code. He had come to the UK to start a tenancy in January but was met with restricted access to university facilities and course materials. He was unable to collect an employment Visa. Without a job, he was unable to support himself financially. He applied for hardship funding but was not eligible. He had a diagnosed disability but found himself unable to access necessary treatment and support though the NHS because of the long waiting lists resulting from the pandemic. The tenant provided official evidence to support each of these claims. The tenant contacted his provider and asked to be released from his tenancy but had not recieved a response. In light of the rapidly changing situation in his home country, and faced with the likelihood that if he didn’t return home immediately it may be a long time before he got another chance, he decided to get a flight home. The tenant had been waiting 6 weeks for a decision from the Provider, having been told there was a delay because each request was being reviewed on a case-by-case basis. The Code The Complainant was living in privately owned student accommodation, covered under the National Code of Standards for Larger Developments for student accommodation NOT managed and controlled by educational establishments. Regarding timescales, The Code state that: Where disputes arise with tenants, managers will ensure that: 9.2 They make written response to any correspondence from tenants or their representatives within 14 days of its receipt; 9.3 The response they make confirms the actions they propose to take and the overall timetable they aim to achieve; It is not within the remit of the Code to deal with contractual issues (such as tenancy agreements and rent) because these are legal matters. There is no provision made within the Code for dealing with the effects of the pandemic because it was unforeseen. The formal position of the UK government was that “tenants should continue to pay rent and abide by all other terms of their tenancy agreement to the best of their ability” and rent levels agreed in the tenancy agreement remain legally due. However, the National Code stated that the Complaints Investigator would consider the Exceptional Circumstances of each case. Where it was felt that the unique circumstances merited individual consideration, these representations were sent to the provider with the expectation that they would be properly considered and responded to in a way that avoided reference to internal policies, addressed the individual’s unique circumstances and provided sound justification for decisions. Action taken The National Code asked the Provider to consider the exceptional circumstances of the case and provide a prompt response. Outcome Within a week, the Provider confirmed they had agreed to release the tenant for a significant portion of the tenancy, as a gesture of good will, and due to the exceptional difficulties faced by the tenant.