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Halls of residence

This page looks at your rights if you are a student living in halls of residence.

Halls of residence

When you live in halls of residence, you are likely to be a common law tenant.

The landlord can either be your university or a private landlord (if their property has at least 30 bedrooms). 

Tenancy agreements

When you move into halls of residence, you will usually be asked to sign a tenancy agreement. This will state:

  • your name and the name of your landlord
  • the address of the halls of residence
  • how much rent you will pay
  • how long you can live in the halls of residence (the term or duration of the lease). You may only be permitted to stay in your halls of residence 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 halls of residence.

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 the halls of residence 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.

I want to leave my accommodation?

Unlike most tenants, you won't have to give a notice to quit before moving out when your lease expires (usually at the end of term). However, you may want to leave your halls of residence 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 your halls of residence can be vary from hall to hall. 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 of the halls of residence half way through the term. Some 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 of your halls of residence, speak to your landlord. Even if your lease says you can't move out, you may be able to come to an arrangement with them.

I've been told leave the accommodation?

There are three situations in which your landlord can end your tenancy and evict you from the halls of residence:

  • 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 the halls of residence and when you need to move out. However, your landlord should still send you written notice before you need to leave.

Eviction because you have broken a condition of your tenancy agreement

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

However, it's important to remember that your landlord 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 the halls of residence. This will depend on the rules of your particular halls, but if this is the case, it should be written clearly in your tenancy agreement.

The landlord 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 your landlord wants to evict you or you encounter any other problems with your accommodation, get advice from the Students' Association. An adviser may be able to help you to:

  • negotiate with the university to stay in the halls of residence
  • 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 in halls of residence

Landlord responsibilities

Your landlord 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 landlord 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 landlord and they should then get the problem fixed within a reasonable amount of time.

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.

Scotland map Housing laws differ between Scotland and England.
This content applies to Scotland only.
Get advice if you're England

The important points

  • If you live in halls, you are likely to be a common law tenant.
  • Unlike most tenants, you won't have to give the landlord notice to quit before moving out when your lease expires.
  • If the landlord wants to evict you or you encounter any other problems with your accommodation, get advice from the Students' Association.
  • The landlord has a responsibility to ensure the property is habitable and fix installations.

If you're still looking for help, try searching, or find out how to contact us

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