As Resolution Department Lead at mydeposits, a key part of Suzy Hershman’s role involves delivering training workshops and responding to queries from landlords and agents. Suzy is in a unique position as she can provide practical help and support not only from the deposit perspective, but also about issues relating to the Property Redress Scheme (PRS). Both brands are powered by Total Property, which brings together complementary private rented sector products, services, and expertise.

Why many landlords choose to rent to students

If you own a property in a bustling student hub, tapping into the student housing market can offer attractive advantages, including high demand, good rental yields, and straightforward annual contracts. Whether you’re a seasoned landlord with experience in student rentals or contemplating entering this market, renting to students can be a rewarding option. But doing so does come with a number of challenges, some of which are unique to renting to this specific tenant type.

Student tenancy FAQs and issues that arise

Recently, landlords and agents have been looking for guidance on dealing with student tenancies. Problems range from burning candles to anti-social behaviour, nighttime noise and damage to neighbour’s property. NRLA insurance partner, Total Landlord, has created an ultimate guide to student properties which tells you all you need to know about letting to students.

Here, Suzy highlights some of the more common FAQs relating to student tenancies.

Q: What should I say to my tenants about candles?

A: Candles and tea lights are a great way to add warmth and ambiance to a room, but in addition to them causing smoke and heat damage to walls and ceilings, they are a major cause of house fires and injuries in the home. For that reason we would suggest you add a clause in the tenancy agreement prohibiting the use of candles in the property (possibly with the exception of birthday candles). For a similar ambiance we would suggest recommending they use battery operated candles or fairy lights instead.

Q: How should I handle noise complaints?

A: From loud music to noisy late night parties, everyone has the right to be protected from excessive noise that interferes with their quality of life, and this right is backed up by three separate laws. No matter who it is making the complaint, it is in your best interests to deal with the issue even though, in most instances, you are not legally required to.

Complaint from the tenant: If your tenant has complained about noisy neighbours and it is a legitimate problem, firstly we would suggest the tenant politely raises the issue with the neighbour in question. If they are uncomfortable in reaching out to the neighbour then you as landlord should follow up with the neighbour. If the issue remains unresolved, you can support your tenants in filing a complaint with the local environmental health office.

Complaint about the tenant: Although landlords are not accountable for their tenants' excessive noise, it’s wise to try and resolve any noise issues to keep the neighbours onside and to avoid any potential problems that might arise with the council. If talking to the tenant doesn’t work, your neighbours may wish to contact their local environmental health authority.  

Tips: 

• Include a clause in the tenancy agreement that addresses excessive noise and designated quiet hours
• If there is a noise complaint start open communication with your tenant, as soon as you become aware of it. They may be unaware of the effect of their behaviour
• Tenants should also inform their neighbours in advance about any upcoming parties and disturbances with reassurance that it will be finishing at a reasonable time
• Document any complaints, communications with the tenant and the steps taken to resolve the issue. A neighbour could raise a complaint against a managing agent if the agent was not doing anything to address the problem.

Q: I’ve had complaints about the behaviour of my student tenants from another tenant in the property, what should I do?

A: Living away from home for the first time can be daunting, exciting or a combination of both. Add in the young age of most students, as well as stress, alcohol and not always being able to choose who you live with, and this can be a recipe for anti-social behaviour for some, as the following PRS case study highlights.

PRS case study – HMO antisocial behaviour

The complainant tenant said:

• she rented a room in a mainly student household, with six other individual tenants, but when a new tenant moved into room three, they instantly became a problem, banging on walls at 3am, shouting, playing loud music and stealing her food from the fridge
• when she tried to talk to them about it, they screamed in her face, which she felt was harassment
• the agent was unhelpful, sending a couple of generic emails to the whole house but nothing directly to the tenant causing the issues
• the agent hung up on her calls and didn’t respond to any emails

Resolution wanted: the complainant wanted the other tenant to be evicted, her food replaced and compensation for the stress

The agent responded, saying: 

• tenant relations are not their problem
• they sent two emails to the house confirming their expectations of everyone's behaviour
• the complainant was being troublesome by sending repeated emails to them and she should contact the police instead

What evidence was provided?

Email communication, video, photographs, tenancy agreement

What was decided and why? 

• the tenancy agreement showed that the agent was the landlord under the agreement, so could decide if a tenant remained in the property
• The complainant’s evidence supported their complaint about the tenant in room three’s anti-social behaviour
• During the early resolution process:
  • the complainant said the said the situation became progressively worse, to the extent that the police issued the room three tenant with a warning
• We explained to the agent: 
  • their responsibilities for the tenants they placed in the property
  • the duty of care owed to the complainant living there, who had no control over the situation other than to contact the agent and ask for help
  • that the situation had been frustrated by them not responding to the complainant after two emails or dealing with the problem tenant’s ongoing behaviour directly
• there was no evidence that the agent took any direct action with the tenant in room three. With ongoing poor behaviour, the agent should have considered ending their tenancy, as such behaviour would be disruptive to all tenants at the property

The case assessor decided that: ​​​​​​​

• as the ‘landlord’, the agent had the right to end the tenancy of the room three tenant, but had not done what was reasonably expected of them when notified of the behaviour
   
• the agent’s poor communication with the complainant was also unreasonable and lacked their duty of care
   
• the PRS have no authority to direct an agent to serve a Section 21 notice, but the agent agreed to do so in this case, to facilitate ending this tenancy
   
• the agent was not responsible for replacing any stolen food, but was directed to pay £600 compensation for unnecessary stress caused to the claimant

The complainant and agent both agreed to this proposal and this case was resolved at early resolution.

Key takeaway points

• The agent has a duty of care towards the tenants they place in a property and is responsible for acting if a tenant is breaking the terms of their agreement, causing disruption to other tenants​​​​​​​
   
• An agent would be expected to send communication to the household confirming reasonable expectations on how to live with other people and follow up on any reported poor behaviour
   
• Sometimes the PRS has authority to deal with only part of a complaint and in certain circumstances, issues can only be, or are better dealt with, by another body, and we will make this suggestion signposting consumers to the most appropriate body 

Tip: To pre-emptively manage potential disturbances, incorporate a nuisance clause in your tenancy agreement. Define behaviours that qualify as nuisances or anti-social activities. This clause can be invaluable for maintaining a harmonious living environment and can even serve as a discretionary ground for possession under the Section 8 procedure if needed.

Q: What are the requirements for fire extinguishers?

A: As a landlord, you have a responsibility to make sure the property is safe from fire. If a fire breaks out in your student property, in addition to smoke alarms, fire extinguishers are a tenant’s first line of defence. So it is vital that all extinguishers supplied are in full working order and regularly checked to prevent escalation and save lives. 

Note: For HMOs, a multipurpose foam extinguisher should be sited on each floor in a common area. These should be checked and serviced annually.

Regulations state that your fire extinguishers should always be mounted to a wall or placed in a stand to prevent misuse. But as extinguishers are often subject to misuse and theft, as well as anti-tamper pins/seals, you might want to invest in additional products to discourage opportunistic anti-social behaviour, such as cabinets, cages or covers; or a theft stopper (which emits a piercing alarm when removed, which could also alert other tenants to a fire). Read more here.

Tip: Provide your tenants with information and impress upon them the importance of looking after any fire equipment such as extinguishers as a potential life-saving item.

Q: The communal areas in my student property are a mess, what can I do?

A: Unless included in the rent, the cleaning and general upkeep of any communal areas such as the bathroom, hall, kitchen, living room or garden are the responsibility of the tenants. How the tenants decide to share these chores is down to them. Remind all the tenants that cleaning is their responsibility, and that they are responsible for returning the property cleaning to the same standard it was in at the start or it could impact any deposit refund.

More importantly, tenants should be aware of fire regulations relating to any of the communal areas, such as not propping open fire doors if installed and that any fire exits are not blocked or secured internally for any reason.

Regular scheduled or mid-term inspections are an important opportunity to identify any issues and remind tenants of their obligations. 

Q: Should tenants use blu-tac or similar products?

A: For many students, it will be their first time away from home and they may want to personalise their room with posters or pictures from home. So, it is important to make them aware that there may be implications if using Blu Tack or other adhesives on the walls of a rental property which may end up stained or damaged. If the landlord needs to carry out remedial work or redecorating because of using these products it could result in a claim on any deposit.

An alternate product is ‘white’ blu-tack, which is far less noticeable on light coloured walls and, due to its less aggressive composition, is less likely to stain or discolour wallpapered or painted walls, leave a residue, or damage the tenant’s posters/pictures.

Even with white blu-tack though, there is still the potential for some residue, so depending on the wall surface a better alternative is to use removable wall hooks or other damage-free hanging solutions.

Q: Am I responsible if my tenant damages a neighbour’s property?

A: Generally speaking, if the tenant has caused damage to any part of the neighbour’s property, then no, you are not responsible. The tenant is responsible for their own negligence or wilful acts. The only possibility of you being responsible for costs would be if you were negligent by not carrying out maintenance which directly led to the damage or, if you had allowed – or asked ­ – the tenant to do something that caused the damage.

Q: What can I do about rubbish or belongings my tenant has left behind?

A: At the end of the tenancy it’s common for tenants to leave packing up to the last minute, leave the property unclean and move out in a hurry. This can be a real bugbear for landlords and a common cause of end of tenancy claims. Students occasionally leave behind rubbish or even belongings that they are unable to take back home with them which they have accumulated during their time studying. As a landlord it’s important you keep them stored for a reasonable time and try to contact the tenant, asking them what they want you to do with their belongings.

If they want to collect some or all of their goods at a later date, you could agree to charge them for storage, and if they say to bin what has been left you could charge for the cost of clearing and disposal.

If you do throw away or sell any of the tenant’s items as soon as they move out, without making enquiries, you could be responsible for costs.

Neither of these situations is ideal however, so remind your tenant before they leave or at check-out to remove all their possessions and rubbish from the property (unless agreed in advance) or that you may need to claim for disposal against the deposit.

Q: Damp is causing mould in a bedroom, whose responsibility is this?

A: Poor ventilation, cooking and drying clothes indoors can all cause condensation and damp, over time. If left untreated this can cause mould, which can lead to a number of health issues for tenants, and property problems for the landlord. With many student properties offering little or no suitable outdoor space to dry clothes, drying clothes indoors without ventilating the room can release huge amounts of water vapour into the air which then clings to walls and windows, causing condensation, potentially leading to mould,

Educate your tenants on the need to ventilate any room clothes are dried in by opening windows, by not drying wet clothes on radiators and by investing in a clothes airer to speed up drying. When cooking or using the bathroom, fitted extractor fans should always be used and windows opened if there are any.

During mid-term inspections check for any signs of damp or mould and clean and treat as necessary. Ask the tenant to let you know if they see anything. If the tenant causes damp or mould through negligence having been educated on how to avoid it then they may well be responsible for end of tenancy costs. NRLA insurance partner, Total Landlord, has written a comprehensive guide to identifying damp, mould and condensation in your property, which includes a tenant checklist for you to share with your tenants.

Tip: To prevent condensation some landlords have taken to providing a dehumidifier for their student properties, to be used in a communal area. These are both effective and efficient, costing as little as 4p an hour to extract 12 litres a day* and in winter when most often used they provide the dual benefit of heat too. Though there is an initial outlay for the landlord it can reduce the need for dealing with damp and mould which would likely be much more costly and/or time-consuming.

*Ideal Home, April 2024, here

In summary

Renting to students can be a learning curve for both landlords and their student tenants. Clear and open communication with tenants is a key requirement for landlords in any tenancy but for a student landlord it is critical.

As a landlord you need to understand that for many students, this may be their first time away from home and they are learning to be independent. This can be a shock to the system, especially for those young adults that are less mature than their peers. So educate them on the basics and exactly what you expect of them. If necessary, repeat this at each mid-term inspection and follow up by email to get the message across and to make sure you have a good written audit trail, as evidence.

Make sure your tenancy agreement  highlights who is responsible for maintaining  any communal areas in the property and what happens to the deposit if there is any damage or cleaning required in these areas as well as their own individual rooms.

If you do include any specific clauses in the agreement, make sure your tenants are aware of them and have agreed to the entire document by signing and dating it.

If you do employ an agent for the tenancy management, make sure they communicate not just with you but the tenants too. As the landlord you are still ultimately responsible for the property and your tenants’ safety.

Further information

For more information about renting to students, read mydeposits separate NRLA guide for student landlords, ‘Students, tenancy deposits and avoiding disputes’. For additional guidance on student tenancy deposits and how to avoid tenancy deposit disputes read more on the mydeposits Content Hub here and here.

You can also read Total Landlord’s ultimate landlord guide to student properties for detailed advice on everything from investing in student properties, to attracting the best student tenants, legal requirements for student landlords and how to manage the student / landlord relationship.

Finally, watch Suzy’s video guide here (running time 4 min 30 secs)

Protecting deposits, and your investment

Deposit protection: We would highly recommend that you take deposits from all your tenants. Our deposit protection partner mydeposits is a government authorised tenancy deposit protection scheme who uniquely cover every region of the UK. Find out more and protect your deposits here

Tenant welcome pack: A tenant welcome pack forms an integral part of being a good landlord, providing a very useful reference document for your tenants, helping to develop a healthy relationship with them. Find out why you need one and get a FREE template here

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If you're interested in learning more about letting to student have a look at our Letting to Student training course