How are student landlords preparing for the Renters’ Rights Bill?

How are student landlords preparing for the Renters’ Rights Bill?

0:01 AM, 22nd October 2024, About 2 months ago 10

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Hi, like most landlords letting exclusively to students I am dreading the Renters’ Rights Bill as it looks as if it’s just around the corner. The summer of 2025 to be more precise.

I have a feeling it won’t fail as the enthusiastic new Labour government is on a mission, be it a misguided one. As most student landlords know it’s nearly that time of year we rent for the next academic year. Fixed term tenancies or AST’s will be abolished, a disaster for me and many of you.

I have learnt that some allowances will be made so we can evict tenants at the end of their academic year, an attempt to preserve the academic year, HOWEVER THAT HAS TO BE WRITTEN INTO THEIR TENANCY. I’m sure like everyone else we will sign up groups on an AST. One can hope!

An AST would make no allowances for this eviction so what can be done. It looks certain this Bill will go through, although there are still many uncertainties. How will student landlords manage to get the eviction option into their AST’s or will they sign them up to a new lease?

I self manage. For good or for bad I’ve called mine a Fixed Term Tenancy. It has worked for forty five years.

I have now written into the lease: If the RRB goes through, I reserve the right to evict them on the end date of their fixed term with notice in line with the Bill.  What are other student landlords doing? (I do appreciate that my tenants may be long gone being able to give a couple of months notice but on the other hand they may stay.)

Thanks,

Yvonne


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Martin Thomas

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11:25 AM, 22nd October 2024, About 2 months ago

Very good point. I've dropped a line to my local Uni to say they need to campaign the government to allow fixed term tenancies to remain for student lets - if institutional landlords can have fixed terms then why can't private landlords in exactly the same market? It's ridiculous.
Also, we ask foreign students to pay 3 monthly in advance because we have no legal recourse if they don't pay the rent. That disappears as well. We use 'joint and several' tenancies so theoretically, the others would have to pay the shortfall but what if all the tenants are foreign? One option, if there is a UK student in the group, is to make them provide a guarantor so any default falls on the others. Sounds unfair but what else can we do?
Labour will probably try to ban that as well!!
In our experience, rent arrears with students is not an issue but we may have to build in safeguards to guard against the possibilities.

Marlena Topple

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11:31 AM, 22nd October 2024, About 2 months ago

There are so many unanswered questions. I am a student landlord. I would like to know, in the light of the RRB, what happens when one person in a joint tenancy gives notice. Do the others have the right to stay? My agent says yes but I haven't seen this written down anywhere. Is a clause around joint and several liability for rent enforceable? I am as concerned about people leaving early as I am about people not leaving.

Peter Charon

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11:41 AM, 22nd October 2024, About 2 months ago

Been a student LL for as long as I can remember. Typical example 6 tenants all on one AST + 6 guarantors. Works a treat. No rent arrears, no voids. Suits both sides. Labour says if it ain’t broke, let’s fix it anyway. I’ve never been concerned they won’t leave at the end of the fixed term. 2 months notice of a massive rent increase solves that issue. No, far more serious is that they will serve notice in March to leave latest end of May after exams. So at least a 2 month void. Killer. So I’m looking into - this is the rent - £xx - for 12 months OR PART THEREOF - If you leave after 10 months or 2 months that’s up to you but it’s the total sum that is the contractual debt enforceable MCOL. Only alternative is either to assume they will leave immediately after exams and an immediate 15% increase (+ normal inflation annual increase) to cover or start the whole cycle 2 months earlier - I.e May onwards? Those are the only things I can think of….???

Paul Essex

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12:40 PM, 22nd October 2024, About 2 months ago

Reply to the comment left by Peter Charon at 22/10/2024 - 11:41
Note that the Councils are now after council tax during any voids.

Marlena Topple

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13:58 PM, 22nd October 2024, About 2 months ago

Reply to the comment left by Peter Charon at 22/10/2024 - 11:41
I am concerned people will leave even earlier than exam time once they crack onto the fact that the majority of their tuition is on line. They can give their 2 month notice on the day they move in as far as I understand. Thank you for sharing your model. I would be grateful to hear from any other student LL that has a strategy to cope with students ending tenancies early.

Ian Narbeth

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16:11 PM, 22nd October 2024, About 2 months ago

Reply to the comment left by Peter Charon at 22/10/2024 - 11:41
I used to rent a 4-bedroom house to students. The problem was not that they wouldn't leave (so the abolition of s21 is not relevant - in any event s21 does not guarantee they will leave on time). The problem was the two months in the summer after exams. We used to sign them to a 12 month AST but with nominal rent for the last two months. They remained as tenants and so the Council Tax exemption applied for the whole year.

You won't be able to make them pay for a full twelve months. It will be pro rata'd down. If they leave after 4 months they pay one third of the annual rent.

Another problem is that if the students fall out with each other, they may leave part way through the academic year meaning the landlord has a void.

Lawrie Madden

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17:26 PM, 22nd October 2024, About 2 months ago

Once the Renters Reform Bill comes in next year (likely to be announced around Spring and be law from the summer onwards), you won’t be able to charge multiple rent in advance. You can charge the current month in advance but not ¼, 1/3s or yearly in advance, only the current month.
In the past I took money three times a year around loan time
Will not be allowed now

DPT

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9:51 AM, 23rd October 2024, About 2 months ago

There is little point campaigning for the Bill to be amended to allow fixed terms in student tenancies. Amendments cant be proposed for anything in the title of a Bill. The long title of this one includes the phrase "...including provision abolishing fixed term assured tenancies and assured shorthold tenancies".

Peter Charon

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10:08 AM, 23rd October 2024, About 2 months ago

Reply to the comment left by Ian Narbeth at 22/10/2024 - 16:11
Hi Ian. Clearly we will all have variances, possibly depending on location, desirability and so on. Our model has been brilliant quite honestly, 12 months full rent and no CT liabilities, typically we go to the market mid November and usually by mid Jan we have the group signed up for beginning of July to end of June following year. So I think we probably have one more cycle of that.

If all other avenues won’t work and I think some are still a work in progress then it’s back to the pretty huge increase in the rent to compensate. If all student LL move at the same time - say 15-20% - it could well become - be careful what you wish for…!!

GEORGE WARREN

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10:11 AM, 29th October 2024, About a month ago

Reply to the comment left by Peter Charon at 22/10/2024 - 11:41
I agree Peter. This was pretty much my conclusion for my student lets in Norwich (UEA). I self manage but yesterday spoke to a large letting Agent and he agreed with my conclusion that the industry will probably move en masse to the earlier start dates you mention.

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