The start of higher education is a critical time in a student’s life, with many leaving their parental home for the first time. Many students learn from a shared house how to live/negotiate. This could be lost if Purpose Build Accommodation (PBSA) becomes their only option
The student sector is unique in that student tenants generally enjoy a camaraderie between the occupants, and it is important to them to be involved in selecting a replacement if one of the tenants’ leaves (for whatever reason). Additionally, they will be looking for a specific contractual term of agreement, normally from the beginning of academic term 1 (September/October) to the end of term 3 (June).
Some may choose to stay on over the summer to allow them to get a summer job; some may have reduced rent to allow them to store their goods, without occupation. Many will want to sign an agreement up to 6 months before, to ensure they can get the accommodation they require.
Many landlords will use the summer hiatus to make necessary repairs, frequently completely redecorating the property.
All these requirements can be met under the current scheme, that has worked well for many years, and, in the opinion of iHowz, does not require altering.
We are concerned that under the twin proposals of periodic tenancies only, and the ability for tenants to give two months’ notice at any time, will cause considerable dislocation to this model, leading to uncertainty for tenants and landlords alike.
If we continue to give joint and several tenancies, and one (or more) of the tenants gives notice, it will end the tenancy agreement for all the tenants. This will then give uncertainty to the remaining tenants not knowing if they will be able to continue in that accommodation. Currently, all the tenants are bound to a fixed term, and if one wishes to leave the landlord and tenants work together to ensure any replacement is mutually to all parties.
If we change to granting individual room agreements, the tenants will lose control of their fellow occupants.
We also cannot understand why it is suggested that large Purpose-Built Student Accommodation (PBSA) accommodation would be exempt from proposals. The Renters Rights Bill doesn’t allow for the fact that is frequently insufficient accommodation in the PBSA, and that rents are frequently more expensive than the Private Rented Sector.
iHowz propose a new student shorthold tenancy (SST) tailored to meet the unique needs of student renters, addressing flexibility, fairness, and safety concerns. This proposed SST would allow for fixed-term agreements that align with academic schedules, providing students guaranteed accommodation for the academic year or term while giving them a more practical commitment timeframe—starting early in the calendar year, rather than the previous December.
- This type of tenancy would have:
- A clear commencement date and completion date, ensuring students have guaranteed accommodation for the academic year or term.
- That the tenants won’t be contractually obliged until early in the calendar year, rather than the end of the previous calendar year.
- It is unrealistic to suggest that landlords could simply replace tenants who wish to hand back a property early, as many of these properties are subject to Article 4 and other planning restrictions in addition to licensing, and lack of a fixed term would remove certainty for the next academic let.
- Termination for Health and Safety Violations: Like the general fixed-term proposal, If a tenant reports a problem to the local authority and a Section 11 Improvement Notice is served, and not complied with in the stated period, the tenant would be able to terminate the tenancy. This ensures that landlords maintain a safe and habitable living environment for students.
- Landlord Accreditation Requirement: Only landlords who are part of an appropriate accreditation scheme (which sets standards for student accommodation) would be eligible to issue an SST. If a landlord does not meet these accreditation standards, they would only be able to offer a standard Assured Tenancy, as outlined in the Renters Rights Bill.
Finally, it is unclear about the responsibility for Council Tax under the new proposal. Currently, the Council Tax is the responsibility of ‘an interested party’, defined as a tenant ‘granted for a term of six months or more’[1]. It is clear this would no longer be the case for any tenancy, putting the onus, and cost onto the landlord.
We ask that further consideration to be given to the matter of student tenancies.
[1] https://www.legislation.gov.uk/ukpga/1992/14/section/6
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