Your tenancy rights as a student

Student housing: where finding a mould-free bathroom is like discovering a unicorn in your garden! If you’re a student, or know students, you have probably heard (or even experienced) horror stories about the state of some student accommodation. According to Save the Student, in 2022, 30% of students had no heating or water, and 26% had issues with damp. Yet, a survey by the National Union of Students found that less than half of students knew their rights as tenants or felt able to assert them.

As a letting agency in Bath and Bristol, we deal with our fair share of student tenants. As such, we try to make the process of renting your student house as simple and seamless as possible, so we want to make sure that you know your rights as a student tenant.

You have the same rights as other renters

First things first, you have the same rights as every other private renter. There’s no such thing as a student tenancy – if you’re renting privately (in someone’s house or flat as opposed to halls) you probably have an Assured Shorthold Tenancy (AST). With an AST, you have the same rights as any other person with this type of tenancy – student or not.

Avoid unnecessary fees

Don’t shell out for any fees that aren’t essential. Charges from letting agents for actions like safeguarding your deposit, conducting credit and reference checks, and covering administrative fees are now illegal.

According to the NUS, some students have been out of pocket by as much as £250 or more due to agent fees. Make sure you only pay what’s necessary. If you’re asked to pay these fees, you have the option to report the landlord or agent to trading standards!

Landlords entering property without permission

There seems to be a few myths floating around that your landlord or letting agent has the authority to enter the property that you are renting without giving you notice, however these are exactly that – myths.

When it comes to entering your place for viewings or repairs, it is a legal requirement for landlords and letting agents to provide you with at least 24 hours notice before they drop by. If you’re not available when they want to come round but you’d feel more comfortable having someone around during their visit, you are able to request a witness.

However, the 24-hour rule doesn’t apply in emergencies. Instances like a fire, gas leak, flooding, significant structural damage, or a crime at the property are exceptions where they can enter without the advance notice.

Are landlords responsible for pest control?

Student homes often attract unwanted visitors – no, we don’t mean your housemates annoying friends – we mean pests like mice, rats and bed bugs. Unfortunately, pinpointing responsibility can be challenging, as it depends on a number of factors.

If you have mice, you should reach out to your landlord immediately and get them gone. If rats are the issue at hand, you need to inform both your landlord and the local health authority. These unwelcome critters pose a major health hazard, so a team of experts will be dispatched to tackle the problem.

If you have bed bugs, that’s where the waters get muddied. You need to identify who’s to ‘blame’ for their presence – a task that’s easier said than done.If the bedbugs were already there when you moved in or their infestation stems from some flaw in the property or its furnishings, responsibility falls on the landlord to sort out.

However, if they made an appearance after you’ve settled in, and their presence is a result of your own negligence (think poor hygiene or irregular cleaning habits), then it’s down to you to get rid.

Fire safety in student homes

Ensuring your protection against potential fire hazards is paramount.First and foremost, your landlord should provide viable means of escape in case of fire and at least one smoke alarm on every floor. For rooms with a functional fireplace or stove (kitchens and living rooms, for example), a carbon monoxide detector is a necessity. At the start of each new tenancy, the landlord is required to check that these alarms are in proper working order and replace them if necessary.

If your home is classed as a house in multiple occupation (HMO), your landlord is legally obligated to install a fire extinguisher on each floor.

Can my landlord evict me?

Various circumstances can lead to a lawful eviction by your landlord. These include:

Falling behind on rent payments by at least two months
Repeatedly delaying your payments
Violating any terms outlined in your tenancy agreement
Letting the property deteriorate to an unacceptable state
Subletting a room without obtaining proper permission
Creating significant disturbances that disrupt neighbours
Engaging in illegal activities on the premises
Refusing to leave the property at the end of your contract

Seek legal advice immediately if your landlord threatens to evict you. If there’s no court order included in your eviction notice, this is illegal. Only a bailiff with a valid warrant can evict you.

It’s important to understand that it is illegal for your landlord to harass you to try and force you to leave. Such tactics include:

Cutting electricity or gas supplies.
Employing threats or resorting to physical violence
Neglecting necessary repairs
Withholding access to keys

Should you encounter such circumstances, you should contact the police immediately.

How Aspire to Move can help

At Aspire To Move, our mission is to create a unique customer experience for our students. Our service sets us apart significantly from the conventional agents you might come across in Bath and Bristol.

We launch all of our student properties in November, allowing you to find your home for the following year early in the university calendar. We make it our job to find you the perfect property.

We offer our clients availability outside of the standard 9-5, Monday to Friday schedule. We firmly believe that a successful business has staff that truly care and are ready to assist you with your housing requirements.