Issue 151

Know your rights?

29th January 2007

Unfortunately, not all of a student's personal loan can be spent on alcohol, kebabs and substances of an unmentionable nature (ok, hairdye and ketchup).

In reality, a large segment of a student's income is consumed by housing costs that include rising electricity and gas prices, and perhaps more importantly the rent itself.

The average price of student accommodation in the private sector now stands at around £50 a week, which excludes bills.

Financially, landlords make a pretty penny out of students, and as a result you would probably expect a tenant's rights to be upheld at the very least.

However, this is not always the case, as many students continue to suffer the horrors of substandard accommodation. It seems that many landlords still consider students a degenerate subculture of sorts, that we perhaps enjoy living in desolate and filth ridden holes.

After all, the image of students living in squalor is still relatively popular, immortalised by the cult 80's television comedy The Young Ones - although if you're able to draw any kind of comparison between your own student residence and the soiled squat featured in the show, something is deeply wrong.

Understandably many first and second year students are innocent to the pitfalls of renting a property; sadly this situation can somtimes encourage immoral landlords to actively neglect and abuse an abundance of housing regulations.

In this respect it is highly important for a student to fully recognise their own rights, as well as the mandatory responsibilities of the landlord.

Legally, tenants are protected under a range of governmental laws (the Protection from Eviction Act 1977, the Landlord and Tenant Act 1985 and the Housing Act 1988).

Subsequent to entering into a housing contract, these fundamental acts are immediately applied and should not be looked upon lightly. Perhaps the most common breach of rights a landlord is inclined to commit is visiting their tenants unannounced. This practise is actually illegal and should not be tolerated.

Don't fall under the impression that you have to let the landlord into your new home at any time, actually reasonable notice of at least 24 hours is required, even though they own the property, they are renting it to you.

If your accommodation begins to quite literally fall apart, it is in most cases entirely the landlord's responsibility to repair the disarray.

Just remember, any damage caused by a tenant during a period of depraved partying and madness does not automatically make the landlord liable, no matter how you choose to tell the story. The landlord should keep essential amenities such as sinks and toilets in permanent working order, and the overall safety of the property should be guaranteed at all times.

Worryingly, every year around 30-35 people die as a result of carbon monoxide poisoning in the home. Particularly at risk are those living in 'low cost' rented accommodation, such as students and other low income divisions of society.

The nightmarish threat of eviction can seem almost too real for some students, inducing angst driven visions of life on the street as a Swansea hobo.

Fear not though, as there are also restrictions on what a tenant can lawfully be evicted for. For instance, your landlord has two primary grounds for eviction, mandatory and discretionary.

Mandatory eviction can only occur if the house is under a state of repossession, the landlord plans to move back, you refuse or delay vital maintenance work, or have neglected rent payment for over two months. A landlord can also evict tenants via the discretion of the court. Such legal proceedings may be sought if you've broken the terms of the contract, you're consistently late in rent payment, or have lied or deceived the landlord in order to acquire the property.

Most landlords of privately run student accommodation will request a compulsory deposit from each tenant. This deposit is used to provide security to the landlord and ensure any damages you or your housemates incur are paid in full. Although there is no exact legal limit regarding the sum of the payment, it is usually the equivalent of one or two months (maximum) worth of rent. To avoid disputes with your landlord at a later date, always request a receipt and ensure the agreement clearly outlines what the deposit actually covers. An inventory of the entire property is also worth conducting, and will often make the difference between paying for something you broke and something you didn't.

Under the Landlord and Tenant Act of 1985, the local council has the power to indefinitely prosecute any landlord who chooses to ignore their obligations.

Clearly, this action should not be considered an initial response, instead some form of communication between the landlord and the tenant will often resolve the majority of student housing issues.

Finally, remember to thoroughly read through the proposed housing agreement and ensure you understand every aspect of the contract. Once you've signed the dotted line, it will become legally binding and any clauses present will essentially need to be abided by.

Good luck and happy househunting.

Aaron Hook