Renters’ Reform and Students

Among the arguments for watering down the key element of the promised legislation - that is, restoring security of tenure for private renters by getting rid of the S.21 (no fault) ground for possession and offering indefinite tenancies - some landlord groups have been arguing that an exception must be made for student accommodation. They claim that, if students lets can no longer be for a fixed term, they will not be able to offer properties to new students in advance of each academic year.

We disagree.

For a start, who decides who is a student and what classifies as 'student accommodation'? Do all the tenants in a flat share have to be registered at a particular Training College or University? Advice for Renters has been around long enough to know that many landlords will exploit any loophole to reduce renters' rights, and we would soon see a vast increase in 'Student' lets, but there are other reasons why such an exception is simply not necessary.

Remember, we are not talking about specific accommodation for students provided by the educational establishment itself, but to ordinary private lets, where landlords choose to target students.

First, there are very few students who want to continue their rental liability in the area once their studies have been completed. Most will be keen to return to their home or perhaps to a new area with a job opportunity.

But if any students wish to stay, they have a legal right to do so as the law stands now. When a fixed term ends and the tenant remains, the tenancy continues as a ‘periodic’ tenancy, that is, it simply runs from one rental period to the next. If the landlord wishes to obtain possession, he can use the s.21 procedure and if necessary, apply to court for possession. This process can take several months, so if the landlord had to offer the flat to another student and it wasn’t vacant, this could result in the same risk as tenancies that are periodic from the start.

What is a much higher risk, particularly in university towns where it may be hard to find a place to rent, is that landlords will insist that tenants declare that they are students (perhaps they are attending an evening class or having some music lessons).

What’s more, it simply isn’t necessary. There are currently more student lets than are needed in many areas. Debates in the landlord press indicate a number of reasons for the current surplus of student accommodation. The cost-of-living crisis is causing some young people to defer their university studies, while others are commuting from cheaper areas or choosing colleges nearer home. The ability to study remotely that came in during Lockdown means that students no longer have to be in college every day.

In any event, there really doesn’t seem to be any good reason for the Government to muddy the Renters’ Reform bill with exceptions to their commitment to give all tenants indefinite tenancies for all new lets.