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Sean Gunning
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About Me

I own ST Independent Property Advice

my expertise in the industry


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Sean Gunning
Tony / Mark, it is interesting to see the take from a legal perspective on a majeure clause. However, it is very likely that these properties were let to individuals as a place of residence. It could then be argued that the occupants being "tenants" is irrelevant. Yes, the Covid 19 is an unforeseen circumstance but this doesn't mean that the tenants could not go get another job to pay their rent. As well as that, they should not have been travelling home. If this case was to win, then majeure could be claimed in nearly any situation to get out of paying rent. My girlfriend got pregnant and we need another room, etc. I think it is right that these tenants are made to pay their rent in full. They are awarded Government grants and loans to pay for their living costs whilst at University. Will the tenants be asked to pay a proportion of their grants/loans back which can then be redirected to the landlords? Just like the previous story about the Council asking the landlord to take a hit, we see how farcical the financial response to this situation has been. That council has decided that the social responsibility to prevent homelessness lies with the landlords paying for strangers from their own pocket. Surely that is the role of the elected representatives. If someone cannot pay rent, the benefit system is there to help them. If that is broken (which we all know it is), we have a more serious problem. These students are still students at the end of the day. They still have to do their lectures and work online. Covid 19 simply required tenants to stay home and not venture outside. It did not prevent them from being students, it did not require them to move home to live with parents. A student is the group least affected by Covid 19 to an extent because in most cases their incomes have not changed. To the most part they lived on loans/grants before Covid so had we not been isolating, how would they pay their rent?

From: Sean Gunning 26 May 2020 10:40 AM

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