Tuesday 22-09-2026 - 11:40

Understanding the Consultation

The Scottish Government is currently consulting on proposals that could significantly shape the rights of students living in Purpose-Built Student Accommodation (PBSA), including university-operated halls and private student residences. The consultation follows the introduction of Section 45 of the Housing (Scotland) Act 2025 and seeks views on when students should be allowed to end their accommodation contracts early.

Under the current proposals, students would be able to terminate their tenancy only in specific circumstances, including:

• Bereavement of a close family member
• Serious health issues
• Withdrawal, transfer or expulsion from studies
• Significant risks to health or safety, including domestic abuse
• National emergencies affecting studies
• Visa revocation

The consultation also asks for views on evidence requirements, notice periods, and the process students should follow if a provider refuses a request to leave accommodation.

Why This Matters to Students

While these proposals represent a positive recognition that students' circumstances can change unexpectedly, they also raise important questions about fairness, accessibility, and whether the proposed protections go far enough.

When a student's circumstances change due to illness, financial hardship, caring responsibilities, family issues, or safety concerns, remaining tied to an accommodation contract can create significant emotional and financial pressure. Students should not be forced to choose between their wellbeing and unaffordable contractual obligations.

Evidence gathered during previous reviews of PBSA demonstrates that many students who wished to leave their accommodation were unable to do so because of the financial consequences involved. For many students, accommodation costs are already one of the largest expenses they face during their studies.

Our Response

We support the introduction of a more consistent framework that enables students to leave accommodation when exceptional circumstances arise. However, we believe that the proposed regulations should go further.

Broadening the Circumstances for Early Release

We believe the regulations should recognise additional circumstances that can impact students' lives, including:

• Severe financial hardship
• Estrangement or family breakdown
• Caring responsibilities
• Placement and study-abroad opportunities
• Serious disrepair or accommodation related issues
• International students 

Students experience a diverse range of challenges, and the regulations should reflect that reality.

Creating an Accessible and Compassionate Evidence Process

While we recognise the importance of evidence in supporting requests, the process must not create barriers for students during periods of distress or crisis.

We believe that:

• Confirmation from a university support service should normally be sufficient evidence.
• Students should not incur costs to obtain evidence.
• Alternative forms of professional support should be accepted where appropriate.
• Students experiencing domestic abuse or gender-based violence should never be required to provide a police report in order to access their rights.

Improving the Notice and Decision-Making Process

We support the proposed 28-day notice period as a reasonable starting point. However, we have concerns about a process that could leave students waiting for extended periods while additional evidence is requested and reviewed.

We have called for:

• Clear deadlines for providers to make decisions.
• A requirement for providers to communicate promptly with students.
• Opportunities for students to correct minor issues with applications rather than having requests automatically withdrawn.
• A system that prioritises fairness and support rather than administrative hurdles.

Addressing the Financial Impact

We believe the regulations should explicitly address:

• When rent liability ends.
• Refund arrangements for advance payments.
• Deposit protections.
• The responsibilities of guarantors following termination of a tenancy.

Without these protections, students may continue to face significant financial barriers even when they qualify to leave under the new rules.

Ensuring a Fair Appeals Process

Students whose requests are refused should have access to a transparent challenge process, receive clear explanations for decisions, and be able to seek review through an independent body where necessary.

Rights are only effective when students have a practical way to enforce them.

Looking Forward

This consultation is a welcome step towards creating greater consistency and fairness within Scotland's student accommodation sector. However, we believe that no student should be left financially trapped in accommodation that they can no longer reasonably occupy. Housing policy should support students through life's unexpected challenges, not create additional barriers during difficult times.

The Students' Association has submitted a response to the consultation on 18th September 2026 urging the Scottish Government to strengthen these proposals and deliver a framework that puts student welfare, fairness, and accessibility at its core.

You can contact ThankGod at: VP.SHLS@GCUstudents.co.uk.