International Education - Student Homestay and Housing Services

Presented By 2050 Knowledge Corporation – Speaker – John Boon, J.D.

For … students, hosts, recruiters, consultants, institutions and regulators.

Available – Training Product Catalog

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Most countries have seen greatly increased numbers of international students. This has resulted in greater demand for services targeted at ensuring students have adequate and affordable housing. The same services may also target domestic students.
 
This session focuses on what are often called “Homestay” services – where institutions, residential hosts and other intermediary or service parties work to meet student housing needs. These services cannot, however, be practically separated from student housing issues generally.
 
As with many areas of the education sector and international education, there are multiple parties involved – and multiple legal relationships that are often not fully or properly governed by clear and comprehensive contracts. Residential tenancy legislation or other regulations often apply. 

 

Outline - Multiple Legal Relationships - Multiple Contracts
  1. The institution and student contract should address student housing – often to state the institution will not provide housing.
  2. Institution and student education service contracts should be distinct from housing contracts.
  3. Residential tenancy statutes (RT) – protect tenants and target landlords – apply to homestays unless exceptions apply (rare) – issues arise over who the homestay landlord and tenant are.
  4. Most RT cases are resolved under tenancy contracts – not public law RT regulation that often just requires minimal standards.
  5. RT statutes apply to all tenancies – few exceptions exist – institution’s dorms versus homestay – if exempted the contract still exists.
  6. RT arbitrators determine if the Act applies – their discretion is subject to statute purposes.
  7. Homestay agencies – home stay hosts – institutions – students – other parties – the need to identify the real and intended legal and contract relationships – contract terms can vary from case to case.
  8. The need for students to always understand and be empowered to enforce their rights – and that requires a clear understanding of prevailing legal relationships.
  9. The need for students to know when they and other parties operate within “Homestay” service systems – and when they may move beyond those systems.
  10. The need for students, institutions and all housing service stakeholders to monitor and control the roles and representations of recruiters and immigration consultants.