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New Student Tenant? Understanding Your Rights

In most cases, the student rental property is the first time a young person will enter into a rental agreement. Amid all the excitement of living independently away from home, this comes with certain responsibilities and pitfalls when broken; it also includes certain rights. In this guide, we explain your rights as a student tenant.

 

Tenants, the Landlord, and Property Access

Despite that they are the owner, the landlord cannot enter the property at their leisure. They must contact you, seek approval, and give at least 24hrs notice. However, if nobody is present and the landlord desperately needs access (to repair a broken window and you’re all away for the weekend) you may ask for a witness.

The only time they do not need permission to enter an occupied property is in an emergency. These include:

  •         Fire / fire risk
  •         Gas leak
  •         Police incident

 

A Right to Dispute

It need not be said that you should take care of the property. You may not be the owner, but you are expected to act as such. There are real world consequences for breakages and damage, and that means loss of part or full deposit. You are only permitted to receive the full deposit value so long as you abide by the rules.

However, if you feel the landlord or their agent treated you unfairly, you have the right to dispute the case. One case in 2018 saw a group of students taking their former landlord to court for deducting their deposit over a paint job. The students argued the deduction was unjustified due to the area being a small patch. The court found the students had a right to a full refund.

This case is not unique, but it isn’t common. In any case, it’s important to take care of the property.

 

Repairs and Maintenance

This is one of those grey areas. You have a right to live in a property that is safe and secure. All devices must be tested and approved with the relevant regulatory framework. Gas appliances must be regularly service and tested too. However, there are some basic maintenance issues for which you are responsible: changing the batteries in a smoke detector is one. Changing lightbulbs is another.

Your rights include the property owner or their agent acting in a timely manner. There is no obligation to do it that day or within a set timeframe. However, you have a right to a reasonable period in which the owner should make the repairs. The law does not determine how long, but anything more than a week may be unreasonable in most circumstances.

While you have many rights set out in contract law, understand you also have responsibilities to take due care of the HMO and everything in it.