Renting a home during university will be most students first taste of being a tenant, which can be overwhelming, especially when it comes to understanding your rights and responsibilities. If you’ve been presented with a very long and boring tenancy agreement, it is hard to navigate your way through, to know what it’s asking of you, and what you can expect in return. Whether you’re moving into a house share with friends, or renting alone, it’s essential to know the basics to ensure a fair and fun experience. Read our guide below to walk you through the key points of student tenant rights.
HMO
‘HMO’ stands for ‘house in multiple occupation’ and simply put is a rental property where 3 or more people from different households live together. Each person usually has their own bedroom, but share the common areas such as the kitchen, bathroom and living room. If you’re living in a student house, it is more than likely it’s an HMO. Landlords of HMOs have more legal responsibilities, such as meeting extra safety standards and obtaining certain licences from the council.
Jointly and Severally Liable
When multiple tenants rent a property under a joint and several agreement, then all tenants are equally responsible for the payment of rent and all liabilities included in the tenancy agreement. In other words, rent is taken as a whole amount for the tenancy, rather than on an individual basis, and each tenant is responsible for making sure that whole amount is paid. The same is true for any damage that is done, or any part of the agreement that is breached – all tenants are mutually responsible.
Deposit protection
A security deposit must be protected with one of the approved government deposit schemes. Deposits can be held either ‘custodially’ where the scheme holds the money, or ‘insured’, where the money is held by the landlord but is registered and insured by the scheme. All the government backed schemes include a free dispute resolution service which can be used by both landlords and tenants if there is disagreement at the end of the tenancy. It is highly advised that an inventory and schedule of condition is done at the start of the tenancy, which is a detailed report listing the contents of a rental property and the condition of each item, with photos, to ensure an accurate representation is detailed of how the property was given to the tenants. This can then be compared to a checkout report, taking place at the point the tenant vacates, to assess the condition of the property and if any of the security deposit is due to the landlord.
Quiet Enjoyment
All tenants have the right to ‘quiet enjoyment’, which means they have the right to live in their home without interference from the landlord or anyone acting on their behalf. Your landlord cannot enter your home without prior notice, unless in a case of an emergency. The standard notice period is 24 hours, and it is then the tenant’s responsibility to let the landlord know if there is a valid reason why they (or person on their behalf such as a maintenance person) cannot enter at the given time and date. Tenants are always permitted to ask if an appointment can be rescheduled.
Subletting
Subletting, or underletting, is where a tenant rents a part of a home to someone else. In most cases the tenancy agreement will forbid subletting without the landlord’s permission first, and if you’re living in student accommodation it is unlikely the landlord would allow you to sublet.
Guests
The majority of standard tenancy agreement only allow guests to stay for a certain length of time (usually 3 consecutive days), this is because most student accommodation can only have a certain number of people living in a property for health and safety reasons. If you’re living in an HMO it’s also always good to remember to be mindful of your housemates, as they may not want another person in the home for long periods of time.
Alterations and Redecoration
Tenants should always check their contract to see what it says about decorating. In most cases the tenancy agreement won’t allow you to make alterations without the landlord’s consent, some landlords are very flexible about this, whilst others will not want you to make any changes. If you do get permission, make sure you get it in writing for proof, and agree the terms on how you are to leave the property at the end of the tenancy (whether you can leave it as the changes you made, or if the landlord wants it returned to its original state).
Repairs
Landlords are responsible for the repair of the structure and exterior of the premises along with any items included as part of the tenancy (usually all these items with be noted in the inventory). So, if you’re in a furnished let, then the landlord will be responsible to repair or replace any items needed during the course of your tenancy, aside from where the damage was caused by the tenant. All issues should be reported in a timely manor to the landlord, and access should be granted, when sufficient notice is given, to contractors the landlord has instructed on their behalf. You as a tenant will have the responsibility to carry out minor maintenance jobs yourself such as changing lightbulbs and testing smoke alarms.
Safety
All rented properties should have adequate protections against fire, along with assurances that the gas and electrics of the property are in safe working order. There should be at least one smoke alarm on each floor of the building used as living accommodation, along with a fire extinguisher (for HMOs). If there is a gas supply to the property then a CO alarm should be fitted in any rooms that contains a gas appliance (excluding cookers), and an annual gas safety check should be conducted by a Gas Safe registered engineer. A 5-yearly check needs to be done on the electrical installations by a qualified electrician and if any electrical items are included as part of your tenancy these should be PAT tested annually. Tenants should see a copy of the certificates for the gas and electric checks before you sign the tenancy agreement.
Council Tax
If everyone in your home is a full-time student, then you will not have to pay council tax. You will need to notify the council that you’re students and may need to give documentation to prove this. If one person in the property is not a full-time student, then the property won’t be exempt and they will have to pay, although them may qualify for a discount.
Right to Rent
Everyone that rents a property in England must legally undergo a right to rent check by their landlord/letting agent. This is a standard check which will include asking to see your ID, passport, and/or immigration documents. You may not have had to do these checks when you were living in university halls (as they are exempt), but all tenants will be asked to do this.
Fixed Term Tenancy
Most students will sign a fixed term tenancy agreement that runs for the length of the academic year (or there abouts), and neither you nor your landlord will be able to end the contract early unless it is mutually agreed. Depending on what it says in your tenancy agreement you may or may not need to give notice before this fixed term comes to an end to legally finish the contract. In most cases the landlord will have contacted you beforehand to check if you want to stay or not, but it is best to read your tenancy agreement and understand what your obligations are in giving notice.
Rent Increases
Landlord’s can only raise the rent once in any 12-month period. If you’re on a fixed-term contract, the rent cannot be raised until either that fixed-term comes to an end, or it is mutually agreed by the landlord and tenant, and the tenancy agreement contains a rent review clause. When implementing an increase landlords can suggest any amount, however it must be fair and realistic, and in line with local rents.
Eviction
There should be no reason your landlord can evict you if you stick to the terms of your tenancy agreement on a fixed term contract. Only under certain circumstances can a landlord serve you with what is called a ‘section 8 notice’ which has the power to start eviction proceedings, for things such as illegally subletting, constantly being late with payments, using the property for illegal purposes, or breaking a term of the tenancy agreement. So, make sure you know what the tenancy agreement is asking of you.
If you’re on a fixed term tenancy and have told your landlord you don’t want to stay once it comes to an end, you may be served with a section 21 notice roughly 2-months before your tenancy end date. This is nothing to worry about, it is just a ‘belts and braces’ way for your landlord to officially end the tenancy on the agreed date.
