Student Accommodation: Legal Stuff...

Homepage » For Parents » Student Accommodation: Legal Stuff

If you have a son or daughter currently in University accommodation but preparing to move out into a student house and you have any concerns, this article is you for. For many students moving into a privately rented student house will be their first exposure to the mysterious world of law and contracts! If they have a basic understanding of the law in relation to the property rental market it will serve them well. 

This article gives a brief overview of the law in relation to the private rental market. We are not lawyers and we have attempted to keep this jargon free!  

Tenancy Agreement

When a student moves into a privately rented student house or flat in the town they will probably be asked to sign a tenancy agreement by their landlord or agent.
This is a legally binding contract setting out rights and responsibilities. Both the tenant and the landlord have certain rights protected in law that cannot be overwritten by the contract. In summary these legal obligations apply regardless of most tenancy agreements. For example:

  • The landlord must carry out basic repairs and is responsible for the fabric and structure of the property.
  • The landlord must maintain the supply of water, gas, electricity, sanitation, and heating in good working order.
  • The tenant should take reasonable care of and not damage the accommodation.
  • The tenant should be supplied with the name and address of the landlord, and the address to which notices should be sent (for example, notices requiring repairs to be carried out).
  • For an assured shorthold tenancy the landlord must provide basic written terms of the agreement within 28 days of the tenant requesting this in writing.
  • The landlord should give 24hrs written notice to enter the property. (For example to undertake repairs)
  • The tenant has a right to live peaceably in the accommodation without nuisance from the landlord.

 Fixed Term Leases

Typically a student rental contract is likely to be an ‘Assured Shorthold Tenancy Agreement’ and will normally last for at least six months. However, many tenancies run for a fixed term, e.g. July 1st 2008 to June 30th 2009. In this case make sure that the length of the contract coincides with term dates, as it is very unlikely that they will be able to end the tenancy early.

Is the contract fair?

The terms of a tenancy agreement must be in plain, intelligible language and not be unfair. For example, the tenant should not be subject to unreasonable rent increases or be held to unreasonable penalty charges. A charge of £50 for being a couple of days late with rent would be construed as being unreasonable.  

Joint Liability

Tenancies will be either ‘joint’ or ‘individual. Most students will sign a joint tenancy, i.e. all the names on one contract; all parties are jointly and severally responsible for the payment of rent and the ‘well-being’ of the property. For example, if a housemate doesn’t pay their rent, the landlord could demand it from the other tenants. Individual tenants still have joint responsibility for damage to communal areas.

Legally Binding

Remember that a tenancy agreement is a legally binding contract and a student cannot just walk away from it without repercussions. If they have a fallout with your housemates and decide to move out they will still be responsible for their share of the rent. Having said that it is perfectly possible that a landlord will be agreeable to terminating or amending a contract if someone else is ready to take his or her place. This cannot be taken for granted though; the landlord must be asked.

Penalty Clauses

If the agreement expect of the contract are not respected a tenant may lose some or all of their deposit. If there is a clause prohibiting sticking posters on the wall – they should stick anything on the wall! If they do and the wallpaper is damaged the landlord may need to pay for repairs. And he will rightly expect the tenant(s) to foot the bill!
If students have any doubts about the contract that they are presented with they should get it checked out. If dealing with a reputable letting agent (particularly if the University has endorsed them) they probably haven’t got much to worry about beyond the obvious (e.g. Don’t sign a 10 year lease!!) The university accommodation office should be able to offer advice.

Check List

Before signing a tenancy agreement we recommend that satisfactory answers are sought to all the following questions:   

  • How much is the rent and when is it due?
  • The date the tenancy begins and its duration.
  • Who is responsible for water rates and fuel bills?
  • Are there any other additional charges and if so how much?
  • Who, Landlord or agent looks after maintenance and repairs? 
  • Do you have address and telephone details of said Landlord or Agent?
  • Do you (and your housemates) have sole occupancy or does anyone else have use of any part of the property?
  • Does landlord provide any additional services such as cleaning or laundry?

For more information and advice about student accommodation see student

Health and Safety

The landlord is responsible for the compliance of health and safety in relation to the dwelling and specifically that:

  • The dwelling is adequately heated (which ideally means controllable central heating and insulation)
  • The fabric of the building in good repair
  • Electricity and gas supplies, and the sanitation (drains, basins, sinks, baths and WCs) are in working order
  • There are no fall or trip hazards
  • Water heating equipment is in working order
  • The property is free from damp