Could the current Corvid19 situation be 'tempest'?

[rfisher]

An offspring has signed an AST contract for uni accommodation from 1st August.

If we are still in the throes of a viral pandemic by then, could he claim that the rent due was refundable under the term of tempest?

Specific wording as per image;

[anonymous-user]

No. Tempest means a big storm.

Here is a famous one -

http://shakespeare.mit.edu/tempest/full.html

Edited by anonymous-user on Sunday 22 March 21:25

[anonymous-user]

It is deplorable that a landlord uses such an old fashioned document.

There is a possibility, but at present only a possibility, that performance of the the tenancy agreement may become impossible (suppose for example that emergency powers are introduced and prevent travel to the location of the flat). If performance is impossible for a reason not within the control of either party, the contract may be frustrated. This has not happened yet in your case.

[rfisher]

Many thanks for sharing your expertise in legal issues so quickly - it's much appreciated.

I'm hoping that the letting agent behaves appropriately, given the current situation.

There are 1000's of students in a similar position and I don't think Boris has got round to thinking about them yet.

[Jimmy Recard]

It’d be murder having to pay

[ging84]

Not sure I quite understand
Uni might be closed, but students still need a place to live, they may choose to move back with thier parents, but that hardly means thier property is inaccessible.

[anonymous-user]

You are welcome, OP, but little expertise is required on this one. The basic way to interpret a document is to give the words their usual meanings. Tempest is now a somewhat archaic word, but it is still just a word that has an ordinary meaning.

[rfisher]

Use of the word performance wrt a contract is beyond my area of expertise, but well within yours and is helpful.

So thanks again.

The point made by ging84 is valid, but it could also be argued that current Government advice is for 'families' to self isolate.

Many students will want to return to their parental home while their Uni is closed down.

If travel between regions is banned then, as I now understand it, the rental agreement will not be able to be 'performed'.

I guess it's possible the letting agent or Landlord will argue that the student didn't have to go home, but we will have to wait and see.

[V8fan]

rfisher said:

Many thanks for sharing your expertise in legal issues so quickly - it's much appreciated.

I'm hoping that the letting agent behaves appropriately, given the current situation.

There are 1000's of students in a similar position and I don't think Boris has got round to thinking about them yet.

The universities aren't closed yet are they? At least it's not compulsory yet. If they are closed past 1st Aug, the country will have bigger problems than opening unis.

[Durzel]

rfisher said:

The point made by ging84 is valid, but it could also be argued that current Government advice is for 'families' to self isolate.

That seems like a stretch. Offspring is a fully grown adult and does not need to stay with family during this pandemic, and I don't think I've seen guidance to suggest anything close to what you're arguing. The guidance is for people to self-isolate and if one member of a household shows symptoms then the whole household should be under quarantine.

They may want to come back home, but that's a different matter entirely.

IANAL though, so my opinion is worth less than 2p.

[Red Devil]

Durzel said:

rfisher said:

The point made by ging84 is valid, but it could also be argued that current Government advice is for 'families' to self isolate.

That seems like a stretch. Offspring is a fully grown adult and does not need to stay with family during this pandemic, and I don't think I've seen guidance to suggest anything close to what you're arguing. The guidance is for people to self-isolate and if one member of a household shows symptoms then the whole household should be under quarantine.

They may want to come back home, but that's a different matter entirely.

IANAL though, so my opinion is worth less than 2p.

Come back? I think you have missed the point that the OP's post refers to a situation four months in the future.
It doesn't specify, but the individual concerned may still be currently living at home

[mmm-five]

Would the missing commas between 'fire tempest flood' not mean they'd all have to occur simultaneously for that clause to be valid - or for just an 'inevitable accident' to have occurred?

If a virus an 'inevitable accident' if someone in China has eaten a prohibited 'foodstuff'?

[anonymous-user]

The missing commas do not mean that. Bad legal drafting (and the contract quoted is an example of that) is afraid of commas, and uses outmoded terminology, but the list is a list, and any one if the things mentioned will operate the clause.

[anonymous-user]

Inevitable accident would not work, because, even if the virus is such a thing, the virus does not render the flat uninhabitable or inaccessible. Government policy might render the flat inaccessible, but that is not inevitable accident.

[mattyprice4004]

Is it run by the uni as in halls, or a private letting?
If uni run, I'd imagine they'll keep it closed while the uni is.
If it's private, it'll depend on what's happening at the time - but you need to weigh up any claim for rent back with the fact the landlord will be out of pocket too.
A fair compromise will probably be the way forward - half rent for example.

[anonymous-user]

Your opinion is incorrect. A promise to pay is consideration. There is no question in this case of whether a contract has been made. A contract has been made. The question is: can the landlord enforce the contract against the tenant? That depends on what happens. If travel is still not permitted by the start of the next academic year, the contract will probably have been frustrated.

Please take this gently, but what is the point of cutting and pasting a bunch of stuff from some contract law website that you do not understand?