You’re living the student dream. You found the perfect flat. You had a great time settling in and getting to know your housemates. But now the stress and excitement of moving into somewhere new has settled. The reality of study and independent living has hit. Things may not always be going to plan.

When you’re locked into a legal contract it’s often hard to know exactly what your rights are - especially if this is your first time renting. Often hard to remember that people are there to help - not just take your money.

Here, we summarise the main things you should be expecting from your landlord if you are a student living in the most common type of shared accommodation, a home of multiple occupancy.

Safety 

- A landlord is legally required to make sure the space you are renting is safe to live in. A responsible person (this could be your landlord or agent are required to carry out and regularly review a fire risk assessment which is enforced by the Fire and Rescue Authority. Landlords are required to to install, test and maintain fire alarms and emergency lighting. If you want, you can ask your landlord/agent for a copy of their recent fire alarm and emergency lighting tests. 

- All gas appliances and electrical sockets should be correctly installed and regularly checked by a safe registered professional with a written record to prove this has been done. It is your right to request to see this and challenge if they say “no.”. All electrical appliances that come with the house (kettle, toaster, microwave .etc.,) should also have been safety checked before you move in. But! this doesn’t apply to any additional electrical items you bring with you. If you want to show off that fancy air-fryer you got for your birthday, it’s down to you to ensure that it is safe to use and to take the consequences should anything go wrong.             

Privacy 

- A landlord or anyone acting on their behalf (including letting agents and service maintenance professionals) cannot legally visit the property while you are renting it without giving you warning first. They need to give at least 24 hours notice. It is also your right to request a witness if they warn you they are coming and you’re not able to be there at the time.

- Of course, this doesn’t apply to emergency situations when you would need a landlord to turn up without notice - like if there was a fire, flood, gas leak or crime committed at your property.

Cleanliness and Conditions

- It is your landlord’s responsibility to ensure the property you move in to is structurally safe and to take on the responsibility of most major structural repairs including walls, doors, windows, roofs, and plumbing. The lines can become a bit blurry when it comes to taking responsibility for the cause and consequences of structural damage.

For example, if you get a mouse or rat infestation due to a hole in the wall or floor that you didn’t cause and that your landlord has failed to repair, the pest infestation is the landlord’s fault. However, if the house is structurally fine and mice and rats are invited in because you have failed to keep things clean or you’ve not gotten rid of rubbish properly, then the pest infestation is on you.

- Regardless of whose fault it is, you should always report condition and cleanliness concerns to your landlord. Common student problems like damp or mice can be a big health risk which you will need help to deal with. A landlord can’t help you if they’re not aware of the problem. They also can’t legally evict you for simply raising a concern or bringing a problem to their attention.

- If you are struggling to get a landlord to listen or respond to a concern you have raised, always make sure to put it in writing. This will normally encourage them to act as a written record helps make their negligence easier to prove.

Moving Out and Eviction

- To be clear, your landlord cannot force you to leave your rented property without a court order. Court orders for evictions can be issued for reasons like being regularly late with rent payments, using the property for illegal activity, regularly disrupting local residents or going against the terms of your contract. Even if these things apply to you, the proper process to get you evicted must be followed. A landlord cannot take it upon themselves to use tactics such as threatening behaviour, refusing to carry out repairs or cutting electricity and gas supplies in order to force you out a property.

- Although your landlord cannot order you to leave, they do have the right to ask you to leave, as long as your contract includes a break clause. This means that notice to leave must be a request, not an order, and delivered in writing with a reasonable period of notice as dictated in the contract. For example, your contract may say that you are tied in to paying rent for 12 months, but this agreement can be broken after the first 6 months as long as 4 weeks notice is given.

- If you or your landlord indicate that your tenancy needs to end early, it is really important that you get legal advice to check everything is being done within the terms of the contract. These things can be complex, so external help is always at hand to protect the rights of both you and your landlord.   

Always remember!

- It is always mutually beneficial to keep a good relationship with your landlord wherever possible. If you can be polite, friendly and ensure to treat their property with care they are much more likely to help you out when needed or consider favours beyond what they are legally obliged to do, such as helping you get rid of excess rubbish during a bin strike.   

- Regardless of any present situation or problem, you signed a contract before moving in to your property. This contract largely dictates the direction things will go in during the term of your rent and there will be consequences for either side if these terms are broken. 

These things can be complex, especially if you have never rented independently before. Your friendly Advice Service are here to help with contract checking, advising on your rights and signposting you to other organisations that can help with housing or landlord issues if needed. If you’re struggling, don’t stay silent. Find out more about what we can do for you by either visitng our housing webpages or contacting Your Advice Service.