This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

This page looks at your rights if you are a student living in halls of residence or other accommodation let to you by your university or college. It includes advice on what to do if you are asked to leave your accommodation.

About university accommodation

University accommodation can consist of:

• a room in a hall of residence
• a room in a shared student flat or house.

Check your university's website to find out what kinds of accommodation are on offer.

If you rent accommodation from your university or college, you are likely to be a common law tenant, which means you will only have limited rights. In some situations, you may have a short assured tenancy - check your tenancy agreement to see if this is the case.

Find out more about your rights if you're a short assured tenant.

Some universities appoint a management agency to run their accommodation services for them. However, unless you're told otherwise, you will probably still be a tenant of the university.

Signing the lease

When you move into university accommodation, you will usually be asked to sign a tenancy agreement. This will state:

• your name and the name of your landlord (ie the university, university accommodation office, etc)
• where you will be living
• how much rent you will pay
• how long you can live in the property for (the term or duration of the lease). You may only be permitted to stay in your accommodation during term-time, and could be asked to pay extra or move out altogether during the holidays. In addition, if you leave or lose your place at university or college, you may have to move out of your student accommodation.

Your tenancy agreement should also state:

• when your rent is due and how you will pay it (for example, by cheque, standing order, etc)
• what your rent includes - for example, does it cover bills (gas, electricity, phone, etc)? Does it include extra services such as cleaning and catering?
• whether you are able to leave before the lease is up, and how much notice you will need to give
• responsibility and procedure for carrying out repairs
• other house rules concerning overnight guests, general behaviour, pets, etc.

Make sure you read the tenancy agreement carefully. If you break any of the conditions, you may be asked to move out.

What if I want to move out?

Unlike most tenants, you won't have to give the university a notice to quit before moving out when your lease expires (usually at the end of term). However, you may want to leave your university accommodation before your lease is up. The agreement you sign when you move in should state whether you are able to do this, and if so, how much notice you will need to give.

The rules about leaving will vary from university to university. For example, if you pay your rent for a whole student term upfront, you may not be able to get a refund if you want to move out half way through the term. Some universities may not return your deposit if you leave before your lease has ended. Others may let you move out, provided you can find another student to take your place.

If you want to move out, speak to your university accommodation office. Even if your lease says you can't move out, you may be able to come to an arrangement with them.

What if the university wants me to leave?

There are three situations in which the university can end your tenancy and evict you from their property:

• when your lease comes to an end
• if you break a condition of the tenancy agreement (although it must state in the agreement that if you break the condition, you will be asked to leave - this is called an irritancy clause)
• if you leave university.

Eviction at the end of your contract

Your tenancy agreement should make clear how long you can stay in your university accommodation and when you need to move out. However, the accommodation service should still send you written notice before you need to leave.

Eviction because you have broken a condition of your tenancy agreement

Universities often expect you to abide by strict rules when living in their property, and they may ask you to leave because you have broken a condition of your tenancy agreement. For example, you may be asked to leave because you have been behaving in an antisocial manner, have done something illegal (for example, drug taking) or because you have not been paying your rent.

If this is the case, the accommodation service must send you a written notice giving you at least four weeks to move out of the property. If you don't think you have broken any conditions and refuse to leave, the university can take the matter to court and ask the court to declare that an irritancy has occurred (ie that you have broken your tenancy agreement). If the court decides in favour of the university, it can grant them an order for recovery of possession, which means you'll have to leave.

However, it's important to remember that the university cannot evict you before the end of your lease without a court order.

Eviction if you leave university

If you drop out or are asked to leave university, you may also have to leave your accommodation. This will depend on the rules of your particular university, but if this is the case, it should be written clearly in your tenancy agreement.

The university must give you at least four weeks' notice to move out. If you don't think this is long enough to find somewhere else to live, speak to the accommodation service. They may allow you to stay longer.

What can I do if I'm asked to leave?

If the university wants to evict you or you encounter any other problems with your accommodation, get advice from the Students' Association, a Shelter advice centre or other local agency. An adviser may be able to help you to:

• negotiate with the university to stay in your accommodation
• find somewhere else to live
• apply for benefits or other financial help.

The section on rent arrears has advice on what you can do if you are having problems paying for your accommodation.

Repairs

University responsibilities

The university has a duty to ensure that your student accommodation:

• is safe and fit for you to live in
• doesn't let in wind or rain
• has adequate ventilation and insulation
• has a heating system that will enable you to keep your home free of damp and condensation without running up huge gas or electricity bills.

The university should also be responsible for fixing installations. Installations are:

• appliances for space heating or heating water
• pipes and flues for the supply of water, gas and electricity and for sanitation, including basins, sinks, and baths. This includes water pipes, gas pipes, flues and ventilation but does not include fixtures, fittings and appliances for using the water, gas or electricity, such as cookers.

If any of the installations breaks or stops working (for example the heating or hot water system, the toilet or shower) it's up to you to report this to the university accommodation service. They should then get the problem fixed within a reasonable amount of time.

If you live in an HMO (a House in Multiple Occupation) you will have additional rights (see below).

Your responsibilities

In return, you must look after the property and any furniture it contains and make sure you repair any damage you cause. This doesn't include fair wear and tear to the property.

What if I live in an HMO?

If you live in a hall of residence or a shared flat with at least two other people who aren't related to you or to each other, the university should have an HMO (a House in Multiple Occupation) licence for the property. In order to be licensed, the property must meet certain legal standards. Read the page on HMOs to find out more what these standards are, and what you can do if you think the standards aren't being met.

What if I live in a privately run halls of residence?

If you live in a privately run halls of residence (that is, in a hall that is not connected to your university or college), you will have either an assured or short assured tenancy. Go to the section on renting from a private landlord to find out more about your rights.

Where can I get help and advice?

If you have any problems with your accommodation, you can get support and advice from your Students' Association, or from an adviser at a Shelter advice centre or Citizens Advice.