Do you think clauses in your university accommodation agreement are not fair?

This is a non- exhaustive list of unfair clauses in university accommodation contracts between the university and the student. All example are taken from Office of Fair Trading (OFT) judgements and all the clauses mentioned had to be amended or deleted by the university concerned. The What the clause should do section refers to what the OFT recommended under that particular case and may not be applicable to all situations but gives a good indication of what clauses should be containing.

Be aware that the wording of your contract will be different from the examples given here. Therefore, the clauses below should only be used to give you an idea of what kind of clauses are generally deemed unfair. The Office of Fair Trading judges on a contract basis, there is not any case law for university accommodation contracts. Moreover, your rights may vary according to the exact nature of your contract, please refer to further legal advice for information .

We will refer here to situations where the University is the landlord. As a rule of thumb, the contract should not use legal jargon, and should be written in plain and intelligible language .

You will also find at the end of this briefing what you should do if your University tries to enforce rent debts by using academic sanctions.

Unfair clause number 1: vague charges

A clause could be unfair if it imposes on the student an unfair financial burden on tenants by requiring them to pay unfairly vague charges .

What the clause should do:

According to the context, the clause should usually define the charge, and make it reasonable.

Unfair clause number 2: charges for damages to the accommodation

A clause could be unfair if it gave the University absolute discretion to decide what charges should be levied for damage to the accommodation. Also, it could be unfair to impose collective liability on students for damage when the individuals responsible could not be identified .

What the clause should do:

The student should only have to pay a fair proportion of the reasonable costs and expenses properly incurred by the University in remedying any loss or damage caused. The student should also have a right to appeal if he/she believes the University has acted unreasonably in asking him/her to pay for anonymous damage.

Unfair clause number 3: wear and tear

A clause could be unfair if it does not except fair wear and tear from a tenants’ liabilities .

What the clause should do:

The clause should state that the student is not liable for fair wear and tear.

Unfair clause number 4: entering the student’s room

A clause could be unfair if it did not provide 24 hours’ notice to the student before university staff, builders, enter his/her room.

What the clause should do:

The clause should state that the student would be given 24 hours’ notice before the room is accessed.

Unfair clause number 5: moving rooms

A clause could be unfair if the University could move the student to another room without giving the student the right to cancel the agreement if he/she wishes .

What the clause should do:

The clause should provide the student with the option to terminate the agreement if he/she does not wish to move rooms.

Unfair clause number 6: student’s possessions

A clause could be unfair if it allowed the university to remove the student’s items where these did not conform to fire regulations, without informing the student or allowing him/her to retrieve these possessions.

What the clause should do:

The clause could provide the option for students to remove the items themselves, and to provide that where the student cannot do this, the University may remove the item but must return it on request.

Unfair clause 7: notice boards

The clause could be unfair if it prohibited students from displaying any advertisement, sign or notice in their rooms or building .

What the clause should do:

The clause should make clear that the student may only attach posters, signs and notices to notice-boards provided by the University.

Unfair clause 8: keys and locks replacement

The clause could be unfair if it allows the University to levy any costs incurred in replacing locks or keys on the student .

What the clause should do:

The clause should make clear only the reasonable charges incurred would have to be paid by the student.

Unfair clause number 9: eviction

A clause could be unfair if it does not inform the student that the University must obtain a court order before evicting him or her .

What the clause should do:

The clause should state that the University must obtain a court order to evict the student.

Unfair clause number 10: legal proceedings

A clause could be unfair if it sought to charge the student for any costs of legal proceedings.

What the clause should do:

The clause should state that the costs of the legal proceedings are at the court’s discretion.

What about the Big One: enforcing rents debts and fines by academic sanctions?

Withholding results for rent debts and fines

Withholding results under these circumstances breaches the Data Protection Act 1998.

Most universities have now accepted this.

Denial of progression or graduation for rent debts and fines

Denial of progression or graduation is likely to be a breach of the Unfair Terms in Consumer Contracts Regulations 1999. Such a clause seems excessively one-sided and imbalanced. However, this point has not been tested in the courts and further legal advice should be thought concerning it.

What should I do if I think some clauses in my accommodation contract are unfair? Talk to the university and try and make it amend them, on the basis that some universities had similar clauses and have had to amend them (if applicable). If your university doe not take action, you must first complain to your local trading standards department about a landlord’s unfair terms. You will find their number in your phone book under local council or you can visit their website:
http://www.tradingstandards.gov.uk

You can also complain about landlords’ unfair terms by contacting the OFT’s general enquiries line: 020 7211 8948/8470/8594
Email cru@oft.gov.uk

Contract Regulations Unit, Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.

NUS urges students’ unions officers to pro-actively have a look at their contract to spot any potential problem. Amending your university’s accommodation contract is a long-drawn process: cases brought in front of the OFT usually take around 9 months to complete.

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