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There's been a lot of focus on tuition fees and whether loss of access to campus services and facilities gives students legal rights to partial refunds. Much commentary has stressed that home UGs might not benefit from a partial refund anyway - a point @MartinSLewis makes a lot
But one of the central issues of contention in the Manchester Fallowfield case is shared facilities in halls. For example Ashburne Hall in Fallowfield has a small computer cluster, common rooms, a music room with a piano, a library and launderette facilities.
In privately run halls these types of facilities are often lavish and very highly specced. In looking at a place in Tottenham now boasting of a games room, cinema, bowling alley, communal study room, a roof top terrace, an on-site gym and communal lounges on every floor.
Let's assume that the vast majority of these communal facilities are closed for the pandemic. Students have paid for both their room and access to these shared facilities. In a lorry of cases they're not getting what they paid for.
In both universities and the private sector accommodation providers are making vast profits from student rents. And (partial) refunds would go into students' pockets.
There's three legal issues here for license holders (students aren't tenants). 1. Does any Force Majeure clause allow a provider to suddenly not provide what's been promised. Probably back in April/May, probably not now - was predictable.
2. Were students misled? Was it clear to students that this stuff might not be available when they signed? Depends.
3. But crucially if they're paying full price and not getting the full services they've paid for they are entitled to proportionate refunds/discounts.
How you calculate that is unclear. For the best read across see this @MoneySavingExp @MartinSLewis piece on Caravan Parks. https://www.moneysavingexpert.com/news/2020/05/can-i-get-a-refund-on-static-caravan-fees-if-i-can-t-use-it--/
CMA says consumers will normally be entitled to a refund for any services they have already paid for but that are not provided by the business or which the consumer is not allowed to use because of lockdown laws
(this may be a partial refund of the total amount the consumer has already paid, to reflect the value of the services already provided)
Crucially consumers will normally be entitled to withhold payment for services that are not provided by the business or which the consumer is not allowed to use because of lockdown laws.
It's looks clear to me students are entitled to partial discounts /refunds for lack of services that may have been advertised but hard to calc appropriate share.
Also looks clear that they can probably cancel now and get full refund if they were missold. I don't think the travel corridor helps them, though.
Now briefly on scale and regulators. Despite a million people signing petitions on fees and refunds, we've not heard a peep out of @CMAgovUK on tuition fees. Maybe they figure @officestudents has this covered, although we are STILL waiting for student facing advice.
But @officestudents repeatedly at pains to stress that it doesn't regulate student accommodation issues. @oiahe would handle complaints but only about provider run stuff, not PBSA.
Well over half a million student consumers in student accommodation need clear advice on their rights. High time that @CMAgovUK stepped up to the plate.
