Student tenants and housing disrepair: your rights

Students are entitled to the same legal protections as any other private tenant. A landlord cannot treat your property differently because you are a student. If your rented house or room has damp, mould, broken heating, structural problems, or other disrepair, you have the right to ask for repairs, and if the landlord does not act, you may have the right to compensation.

This guide covers the key things students need to know.

You have the same rights as any other tenant

Your tenancy is almost certainly an assured shorthold tenancy (AST). Under an AST, your landlord has the same legal duties to maintain the property as they do for any other private tenant. The law does not create a lower standard for student properties.

Under Section 11 of the Landlord and Tenant Act 1985, your landlord must:

• Keep the structure and exterior in repair
• Keep the heating and hot water systems in working order
• Keep the drainage, water, and sanitation in working order

Under the Homes (Fitness for Human Habitation) Act 2018, the property must be fit to live in throughout your tenancy.

HMOs: the most common student housing type

Most student houses are Houses in Multiple Occupation (HMOs). HMOs carry additional legal requirements. If your landlord has five or more occupants forming two or more households, the property needs an HMO licence from the council. If they are renting without a licence, they are breaking the law.

HMO standards also cover:

• Minimum room sizes
• Adequate bathroom and kitchen facilities for the number of occupants
• Fire safety, smoke detectors, fire doors, means of escape
• Communal areas kept clean and safe

If your HMO landlord is ignoring these standards, the council's environmental health team can inspect and take enforcement action.

Joint tenancies and disrepair

Many students sign a joint tenancy, you and your housemates are all named on one tenancy agreement. Under a joint tenancy, all tenants share the right to request repairs. One tenant can report disrepair on behalf of all of you. If the landlord fails to act, any or all of you can bring a claim.

If some housemates do not want to get involved, you may still be able to proceed, speak to us for advice on how joint tenancy disrepair claims work.

Common student housing problems

The most commonly reported issues in student housing are:

• Damp and mould: Often caused by poor insulation, inadequate heating, or structural problems. Common in older terraced houses converted for student use.
• Broken boilers and no heating: Particularly serious during winter terms.
• Pest infestations: Mice and rats are common in properties that have been subdivided or have gaps in the structure.
• Electrical problems: Overloaded circuits, outdated wiring, cracked sockets or switches.
• Fire safety failures: Missing or non-working smoke detectors, fire doors propped open or not closing, no means of escape.
• Structural problems: Leaking roofs, damp coming through walls, broken windows or doors that do not lock.

Landlord intimidation and end-of-tenancy tactics

Some landlords use the threat of poor references or deposit disputes to discourage student tenants from making complaints. You should know:

• Complaining is a legal right: A landlord cannot lawfully evict you for reporting disrepair. If they serve a Section 21 notice within 6 months of a repair complaint, it may be invalid as a retaliatory eviction.
• Your deposit is protected: By law, your deposit must be held in a government-backed tenancy deposit scheme (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme). The landlord cannot simply refuse to return it at the end of the tenancy without going through the scheme's dispute process.
• References: A landlord who gives you a negative reference in retaliation for a legitimate repair complaint may be acting unlawfully.

What to do if your landlord is ignoring repairs

1. Report in writing: Email or use any online portal provided. Always have written evidence of your report.
2. Give a reasonable time to act: For serious problems (no heating, no hot water, structural risk), a short timescale is reasonable. For less urgent matters, a few weeks is typical.
3. Follow up in writing: If the landlord does not respond, follow up with a clear message repeating the problem and asking for a response by a specific date.
4. Contact the council's environmental health team: They can inspect HMOs and issue improvement or prohibition notices.
5. Contact us: We can advise on whether you have grounds for a compensation claim.

Can you claim even during an active tenancy?

Yes. You do not need to wait until you move out. You can bring a disrepair claim while you are still living in the property. In fact, acting while you are still in the property often produces the strongest evidence.

Fixed-term tenancies ending in summer

Student tenancies often run from July to July. If your landlord has failed to repair the property during the tenancy, you can still bring a claim after you have moved out, there is a limitation period (usually 6 years for contract claims, 3 years for personal injury) that applies. Do not assume you have lost the right because the tenancy has ended.

When should I contact Support for Tenants?

If you are a student tenant living in a property with disrepair your landlord has not fixed, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

Related articles

• What is Section 11?
• Can I claim housing disrepair after I have moved out?
• What evidence do I need?