Student tenant rights UK: everything you need to know

Student tenant rights UK: everything you need to know

21 November 2022 • 8 min read


When you’re looking for a university home it’s super easy to get lost in the excitement of house viewings and exploring new places. This can be the main reason most students skip over the housing contract and simply just sign. Although you’re going to want to put pen to paper as soon as possible, it’s still a good idea to know what to look for in a contract, and be aware of your rights as a student tenant.

 

HMO explained

A HMO stands for house in multiple occupation. This covers most of the student housing as, unless you choose a one-bedroom apartment or house, you’ll more than likely be sharing part of the house with others such as kitchen and living area, and in some cases bathrooms. HMO’s are larger properties of three or more people that are unrelated - not blood related and not a couple. When renting a HMO landlords have extra procedures to follow that we will explain in this blog.

 

Entering the property

It’s a popular belief that landlords can enter your property whenever they like. This is not the case at all. Unless there is an emergency where they need to get into your home, such as a flood, or if an incident has occurred and you are injured or in danger, they will give you at least 24 hours’ notice before entering. It’s then your responsibility to let the landlord know of any viable reason why they cannot enter the property at the chosen time and date. If you know you are not going to be in at the time of the visit but would prefer that someone you trust is around to let the landlord in and out, you can ask for a witness, or the landlord may reschedule until you are next available.

 

Guests

Most contracts may only mention having guests stay over briefly in the agreement. The standard for this is a guest can usually only stay over for three consecutive days, after that they will need to leave. It’s also important to note that if you are in a HMO you need to be mindful of your housemates and be respectful of their wishes. Plus, if you have a guest and they cause damage, you will be liable for the payment. If the guest stays longer than 3 consecutive days (or whatever it states in your contract) your landlord may arrange a meeting to discuss this. Most student accommodation can only have a certain number of people living in the property and only one person to each room for fire and safety reasons. If it is found that your guest is no longer a guest and is secretly living with you, they will first be asked to leave, and you could even risk eviction for yourself.

 

Subletting

Subletting is almost always never allowed, and this will be stated in the contract. Subletting is where you accept money from guests for staying over, or you rent out your room while you’re not there. Subletting without the landlord's permission is illegal and you could be evicted from the house if caught. Make sure you run it past your landlord and ask their permission. However, we aren’t guaranteeing they will agree!

 

Decorating your home

Although you may be tempted to choose a different colour for your room, you first need to check your contract and ask for the landlord's permission. For them to agree, you’ll need written permission. Some landlords may agree to you decorating your walls with the terms that you will paint them back to the original colour before you leave the property. Others may not agree at all. However, there are other ways to make your room feel like yours. You can buy as many cushions, plants, decorations, and picture frames as you like! Just make sure you don’t damage the walls or flooring.

 

Repairs

A landlord is responsible for most major repairs throughout the property. Any repair that needs fixing and could result in an accident needs to be reported to your landlord straight away. They are responsible for:

 

-        Plumbing such as leaking pipes

-        The building itself like doors, windows, and walls

-        Heating and hot water

-        Furniture that they provide

-        Gas and electrical safety

-        Replacing smoke alarms and fire/heat detectors

 

Check with your landlord regarding minor repairs like replacing light bulbs. Most will suggest you replace these yourself, while others may prefer to do it for you. However, if you have caused a repair by damage, whether that be big or small, you may be charged for it or asked to fix it yourself (usually meaning to hire a contractor).


Fire Safety

As a tenant you have a right to be fully protected against fire hazards in your property, and this is your landlord's responsibility. You should have a means of escape in the property. This means that at least one smoke alarm needs to be on every floor of the building, any property that has gas needs to have a carbon monoxide detector fitted, and in HMO’s the landlord needs to supply the property with an extinguisher on each floor. Make sure to check for these when viewing the property and check the contract to see if it is your responsibility to change batteries in the detectors. However, the landlord is required to check all detectors are fully working before you move in.

 

Appliances

If your landlord supplies you with appliances such as toasters, kettles, microwave ovens etc. They have a responsibility to make sure these are safe and working before you move in. All gas appliances in the property need to be thoroughly checked and installed safely as well as annually maintained by a Gas Safe registered engineer.

The electrical plug sockets and light switches will need to be inspected too. This time by registered electrician once every five years. Again, there should be a record of this to ask to see it before signing the contract.

 

Pest control

 Pest control can be a tricky one. With pests such as mice and rats, the first thing you need to do is contact your landlord immediately. They may suggest you contact the local health authority too or they might do it on your behalf. The landlord will then make plans to get rid of the pests ASAP. However, depending on the cause of the pests, you may be charged if it’s down to neglect on your behalf (e.g., leaving food outside and in the open). Other pests such as bed bugs are a bit trickier. If when you move in it’s obvious that there’s an infestation and you haven’t caused it, it will be the landlord's responsibility to rid your home of the pest. However, if the cause is down to yourself such as poor hygiene, the landlord may refuse to intervene, and you will have to eliminate the pests yourself.

It’s always a good idea to double check your contract. The agreement may state that the landlord is responsible for dealing with all pests no matter how they got there.


Eviction

The thought of being evicted is a scary one. However, if you stick to your tenancy agreement and you’re a good tenant there should be no reason for your landlord to evict you. They can only legally evict you under certain circumstances such as you illegally subletting, breaking your tenancy agreement, constantly being late with payments, or using the property for illegal purposes. We advise that you thoroughly read your contract prior to moving in to ensure you don’t break any sections of the agreement.

 

Notice period

Normal student tenancies will be a fixed-term tenancy agreement (AKA assure shorthold tenancy), typically for 12 months. This means that you or your landlord cannot end the contract early unless stated in the agreement (or if you break the contract). If it’s stated in the contract that the tenancy can be ended early, this is referred to as a break clause. Without this you’ll not be able to leave the contract early unless agreed upon with your landlord. For more information on notice periods and contracts in general check out our student housing contract advice blog.

 

Summary

You may have more rights as a student tenant that you originally knew. Make sure you read the contract fully and understand what you’re signing. A contract is there to not only protect you, but to protect the landlord too, so it’s important that you both stick to it.

If you think you’re ready to search for your next student home, take a look at our amazing catalogue of properties to get you started! The best bit? Every property is all bills included!



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