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:
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Plumbing such as leaking pipes
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The building itself like doors, windows, and walls
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Heating and hot water
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Furniture that they provide
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Gas and electrical safety
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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
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!