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What do you expect? It’s only a student house...
There is absolutely nothing in housing legislation to say that ‘student accommodation’ can or should be of a lower standard than other properties let by landlord/agents. The attitude "what do you expect it’s only a student house?" is a get out clause used by a few landlords/agents who do not want to meet their legal obligations in providing a safe and well maintained property. Your health and safety could be at risk if you accept substandard conditions. This booklet explains your rights and responsibilities and how you can enforce the rights that you have in law.
Your landlord/agent is only legally obliged to repair the property and maintain it to a safe standard. They do not have to make improvements unless these are written into the contract.
Your rights to repair will differ if you live in a property with the owner or if you rent from a landlord/agent and have exclusive possession of the property.
Renting from a landlord/agent
This is where you have signed a contract either direct with the landlord or via an agency. If it is the latter it is important to remember that both the landlord and the agent who represents them, have equal responsibilities for ensuring that repairs are carried out. The agent can not refuse to undertake essential repairs by simply saying that the landlord will not authorise the works to be done.
You have a legal right to live in a property that is safe and well maintained. The landlord/agent has a legal responsibility to:
The landlord/agent can not pass on responsibility for these legal obligations by putting clauses in your contract. For example, making you responsible for maintenance of drains or gas fires where central heating has been installed.
Living with the owner
If you live with an owner you have fewer rights to repair, unless your contract is specific about what repairs the owner has agreed to cover. If your contract is not specific, but the disrepair is likely to endanger the health and safety of the household or members of the public, Environmental Health (link to below) can request essential works are carried out. This could cover gas safety and damage to the structure of the building.
You should always treat the property in a ‘tenant like manner’. This means:
Local Councils have legal powers to take action on noise pollution. The Council could ultimately confiscate equipment and/or impose a fine of up to £5000. If you experience problems such as loud music late at night/early hours of the morning, report it to Environmental Health. They will investigate your complaint and send a letter to the offending party. If the problem continues, noise monitoring equipment may be used. The evidence gathered from this could be used in any legal action.
A landlord/agent can take action in the courts to repossess a property on the grounds of nuisance. This covers behaviour that is likely to cause nuisance and annoyance to surrounding neighbours by either a tenant or their friends. If you experience problems of harassment or intimidation contact your owner/agent. If they take no action contact The Student Advice Centre for advice and assistance.
Remember that you are part of a community and these powers are also open to your neighbours. Be considerate and keep the noise down when you arrive home after a night out. If you have a party keep the noise levels down. Out of courtesy you should inform your neighbours or invite them.
Environmental Health Officers will investigate complaints of disrepair which include:
Officers have the power to serve legal notices on the landlord/agent requiring works to be carried out within certain time limits. They can also prosecute the landlord/agent if the works are not done. You should bear in mind that the process is not always quick, unless there is an immediate risk to the health/safety of the household. Always contact the landlord/agent to get repairs done before involving Environmental Health. The latter can be involved if the landlord/agent refuses or fails to undertake repairs.
You can arrange for an inspection by contacting an Environmental Health Officer, giving them a brief description of the disrepair. They will then arrange a date and time to visit. The service is free of charge.
Most Council Pest Control officers will deal with rat and cockroach infestations free of charge because they are classed as prejudicial to health. However, there is normally a charge for dealing with mice and flea infestations as these are not seen as immediately detrimental to health. Mice can be attracted to a property because of overflowing bins and food scraps and fleas can be brought into the house if you have pets. If this is the case any charge incurred by the landlord/agent can be passed on to you.
Report all disrepair immediately. The landlord/agent's responsibility for repairs starts when they are aware or could reasonably be expected to have become aware of the disrepair. If you wish to move out because of disrepair, you are strongly advised to seek advice first as you could still be liable for the rent. Use an independent advice service e.g. The Student Advice Centre.
Always report repairs in writing (see the sample letter A). Problems can occur when you just report disrepair over the phone; you may speak to the wrong person, the message may be lost or the incorrect details could be taken down. If you later want to claim a rent rebate because of disrepair you will need some proof as to when the disrepair was first reported.
If a landlord/agent has their own repair forms, make sure you use them, but always ask for a photocopy of any forms you complete. Be specific; state the exact problem, which room and what the affects of the disrepair are.
Ideally the landlord/agent should arrange a suitable time and date with you. Access should not be given to workmen without your prior agreement unless the repair is an emergency. Workmen should always secure the property when leaving and should clean up after they have finished. If you have any problems whilst work is being carried out raise them with the landlord/agent.
Always give the landlord/agent a reasonable time scale to work to.
Priority One: Emergency Repairs - Within 24 Hours
Any repairs required in order to avoid a danger to health, risk to the safety of residents or serious damage to buildings or residents' belongings.
For example: gas appliances, no hot water, broken WC, external door locks.
Priority Two: Urgent Repairs - Within 5 Working Days
Repairs to defects that materially affect the comfort or convenience of the residents. For example: leaking roofs, minor mice infestation or minor cracks in windows.
Priority Three: Non Urgent Day To Day Repairs - Within 28 days
Repairs that are not covered by the above two categories, for example, guttering, replacing window frames.
Send a follow up letter (see sample letter B,) stating that repairs are still outstanding. Depending on the nature of the disrepair, give the landlord/agent between 24 hours and 36 hours to respond. If they fail to respond seek advice from an appropriate independent advisory service such as The Student Advice Centre.
It is not advisable to simply stop paying rent because the landlord/agent could take legal action against you for rent arrears.
If you have suffered financial loss, inconvenience or damage to your property because of disrepair, you may have a case to claim a rent rebate from the landlord/agent. Examples could be loss of cooking facilities for more than 24 hours, having to move out of your bedroom or have lost the use of the lounge due to serious or extensive disrepair, loss of facilities such as a shower, bath or hot water.
Discuss the issue of a rent rebate with the landlord/agent first. You need to clearly state why you feel compensation is warranted, giving specific examples. If an agreement can not be reached, you could deduct the money from your rent. However you must be aware that if the landlord/agent disagrees with your claim, they could take the money from your deposit, or take action in the small claims court to recover any shortfall in rent. Seek advice from an independent advisory service e.g. The Student Advice Centre, before taking the step of deducting rent.
Sample letter A. Click here to download >>>
Sample letter B. Click here to download >>>
The Student Advice Centre
First floor of the Union Building
Tel: 0113 380 1300
Fax: 0113 380 1301
Email: advice@union.leeds.ac.uk
Unipol Student Homes
General Enquiries and Code of Standards
Tel: 0113 2430074
Fax: 0113 2343549
Email: info@unipol.leeds.ac.uk
Web: www.unipol.leeds.ac.uk
C.O.R.G.I.
Check engineer's registration
Tel: 01256 372200
Health & Safety Executive
Tel: 0113 2834200
Gas Safety Advice Line
Tel 0800 300 363
Trading Standards
Checking furniture meets with fire safety regulations
Tel: 0113 2536111
Transco
Gas Leaks
Tel: 0800 111999
Leeds City Council
Reporting Disrepair and Noise Problems - Environmental Health Department
Tel: 0113 2477647
Rubbish Collection - Cleansing Department
Tel: 0113 2477477
Pest Control
Tel: 0113 2477477
Leeds City Council Code of Standards
Tel: 0113 2476240
Wakefield Metropolitan Borough Council
Reporting Disrepair and Noise Problems - Environmental Health Department
Tel: 01924 306906
Rubbish Collection - Cleansing Department
Tel: 01977 722 090
Pest Control
Tel: 01924 306459
Barnsley Metropolitan Borough Council
Reporting Disrepair and Noise Problems - Environmental Health Department
Tel: 01226 770770
Rubbish Collection
Tel: 01226 772045
Pest Control
Tel: 01226 773865
Bradford Metropolitan Borough Council
Reporting Disrepair and Noise Problems - Environmental Health Department
Tel: 01274 753531
Rubbish Collection - Cleansing Department
Tel: 01274 751000
Pest Control
Tel: 01274 753926
Please be aware that we are only able to advise current or prospective students of Leeds University.
These pages are for guidance only and are not a substitute for diverse legislation that they cover. The information was checked and correct at the time of writing.
If you have any comments or queries about this page please email advice@luu.leeds.ac.uk.
© LUU Student Advice Centre September 2004.
