For many students, finding and moving into your student accommodation will be the first time you will have gone through the process of property searching, signing contracts, and understanding the responsibilities of being a tenant. Although it is often an exciting time with the prospect of living independently with your university friends, there is a lot of things to take into consideration before you jump straight in and agree to a tenancy.
Here the SU, we were joined by UK housing charity, Shelter who were able to answer some of the most common questions students here at university have about their student housing, including questions around contracts, knowing your rights as a tenant, and what to do if your concerns are not being acted on.
This article focuses on issues with landlords and letting agents.
Q. What do I do if my letting agent/landlord is not responding about repairs that are needed in my accommodation?
A. If the letting agent or landlord isn't responding about repairs, here’s what you can do:
- Communicate in writing. Always request or communicate about repairs in writing (such as email, text or chat) so you have a clear record that you have notified the landlord.
- Send a formal letter. Write a clear letter or email asking for repairs and keep a copy for yourself. Shelter has a good guide for this on our website here.
- Know your rights. Research what repairs your landlord is legally required. Please make use of Shelter webchat, website or approach our local office.
- Contact your local council. The Council has enforcement powers and can contact the landlord to highlight disrepair and take steps to remedy it.
- Take legal action. If nothing works, you might need to get legal help to resolve the issue.
Please note that it is not advised that you withhold rent as a result of disrepair as you may end up needing to back pay the rent you withheld after the repairs have been fixed.
Q. Is my landlord\letting agent allowed to having viewings at my accommodation without telling me?
A. In short, no they are not allowed. Here’s what should happen:
- Notice: your landlord or letting agent should give you at least 24 hours’ notice before a viewing (sometimes more).
- Consent: they need your permission for the viewing, and you can say no if the notice is too short, or the timing is bad. The landlord and their agents are not entitled to access the property without consent.
- Check your tenancy agreement: see what it says about viewings and how much notice you should get.
- Contact the letting agent or landlord: let them know you weren’t informed and ask them to follow the rules next time.
- Follow up: if it happens again, send a formal email or letter asking them to respect your rights. If you need further advice please make use of Shelter’s webchat, website or approach our local office.
Q. There are rodents in my property, who is responsible for sorting this?
A. The responsibility for dealing with rats and mice depends on the cause of the infestation:
- Landlord’s responsibility: if the infestation is caused by a defect or disrepair in the property (e.g., rats entering through a hole in the wall), or if the issue occurs in a common area, it is generally the landlord’s responsibility to resolve it. Landlords are required to maintain the property in a habitable condition, which includes fixing structural issues that could lead to pest infestations.
- Tenant’s responsibility. However, if the infestation is caused by the tenant’s actions, such as failing to store food or waste properly, then it is likely to be the tenant’s responsibility to address the issue. In this case, the tenant could be held accountable for the pests.
To sum up, if the issue is due to disrepair or structural problems, the landlord should act. If it’s due to tenant behaviour (e.g., failure to clean up after themselves), the tenant may be responsible.
Q. Do I have the right to know who my landlord is? What happens if my letting agent is not providing me with this information?
A. Yes, the letting agent must provide you with the landlord’s service address (not their personal address) if you ask. This address is needed so you can take legal action or seek redress if required.
If the agent refuses to provide it, you can lawfully withhold rent until the service address is given, as the law does not consider rent legally due without this information. However, once the service address is provided, any unpaid rent becomes due. If you take this action, it’s important to save the rent carefully to one-side to be paid once the details are provided.
Here’s what to do:
- Ask in writing: request the service address in writing to keep a record.
- Check your tenancy agreement: the service address might already be in the agreement.
- Contact the local council: if the agent refuses, the council may help you get the information.
Q. If there is an extra room in my student property, can the landlord fill it?
A. Whether the letting agent can fill the extra room depends on your type of tenancy:
- Joint tenancy: if you and your housemates have a joint tenancy, the letting agent cannot add someone without everyone’s consent. The tenancy agreement would need to be amended, and all tenants would need to agree.
- Room in a shared house: if you're renting a room in a shared house, the situation is different. In this case, the letting agent may have more flexibility to fill the room without needing your consent. However, you could try to convince the landlord to keep the room vacant, perhaps by offering to absorb the cost between the remaining tenants.
In short, if you're in a joint tenancy, the agent needs your consent, and the tenancy agreement will need to be updated. If you're renting a room, there’s less you can do, but you might be able to negotiate with the landlord.
Q. If a friend or a partner of someone I am in a tenancy agreement with is spending a lot of time at the accommodation but not contributing to rent, do I have the right to ask them to leave?
A. You can ask but it does not necessarily mean that your housemate is required to agree:
- Know your rights: as an assured shorthold tenant, your housemates have the right to have overnight guests, but you can ask for reasonable boundaries around this. If the tenancy agreement says no guests, this is likely to be deemed an unfair term unless it leads to statutory overcrowding.
- Talk to your housemate: have a friendly conversation with your housemate. Explain how it’s affecting you, like taking up space or disrupting shared areas.
- Set guest rules: agree on clear rules with your housemate about how often guests can stays when they can come, and how to share spaces fairly.
- Respect shared areas: your housemates should try to let you know in advance if they are having a guest and keep noise levels down.
- The are responsible for their guests: they are responsible for their guest’s behaviour. If they cause problems (like damaging property or being disruptive), it could amount to a breach of tenancy.