Common problems with student landlords and how to deal with them: The position in 2026
Common problems with student landlords and how to deal with them involve understanding your legal rights as a tenant and knowing when your landlord is failing to meet their responsibilities. In 2026, the situation of tenancy agreements has shifted significantly due to new legislation like the Renters' Rights Act 2025, which aims to protect tenants further against unfair practices.
In the context of student housing, these issues often revolve around poor maintenance, intrusive behaviour from landlords, and unlawful evictions. The new laws strengthen protections for tenants by abolishing Section 21 notices and setting stricter conditions on how landlords can manage their properties. This article will guide you through the legal framework and practical steps to address common problems with student landlords.
What the law says
The Housing Act 1988 (sections 8, 13, and 21) governs many aspects of tenancy agreements in England, Wales, Scotland, and Northern Ireland. Section 8 outlines grounds for eviction based on breaches by the tenant, while Section 13 sets out rent control measures. The Deregulation Act 2015 (section 33) amended these rules to provide clearer guidance on how landlords must communicate with tenants regarding repairs and maintenance issues.
The Housing Act 2004 also includes provisions for dealing with disrepair and habitability standards, while the Landlord and Tenant Act 1985 (section 11) mandates that landlords maintain certain facilities within a property. The Tenant Fees Act 2019 prohibits landlords from charging tenants for administrative fees or other unnecessary costs.
These statutes collectively aim to ensure that all tenants, including students, receive fair treatment and have their living conditions meet basic safety standards.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 introduced significant reforms aimed at protecting tenant rights further. Key provisions include abolishing Section 21 notices, which previously allowed landlords to evict tenants without a reason after six months of tenancy, and requiring all periodic tenancies to start on the first day of the month from the statutory conversion date.
The Act also enforces an annual rent cap based on Section 13 provisions, limiting how much rent can increase each year. Additionally, it extends the Decent Homes Standard to the private rented sector (PRS), ensuring that properties meet minimum quality and safety standards.
Awaab's Law, which originally applied only to social housing, now covers private landlords as well, mandating that all rental homes must be fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018. At Common problems with student landlords and how to deal with them, this includes requirements for adequate space, heating, ventilation, lighting, water supply, drainage, sanitation, and protection from hazards.
The Act also establishes a new Private Rented Sector Ombudsman to handle disputes between landlords and tenants and mandates that all PRS properties register with the PRS Database to ensure transparency about rental quality and landlord conduct.
What this means for tenants
Under the Renters' Rights Act 2025, tenants have enhanced protection against arbitrary evictions and unfair rent hikes. Tenants are now expected to receive a periodic tenancy from day one of their agreement, providing greater security in knowing that landlords can't abruptly terminate agreements without just cause.
Tenants may be entitled to challenge any breach of the Decent Homes Standard or Awaab's Law through legal channels if their landlord fails to address disrepair issues promptly. The new rent cap means tenants will have more predictable monthly expenses, reducing financial uncertainty.
Tenants can now report poor rental conditions and landlord misconduct directly to the PRS Ombudsman for resolution, providing an additional avenue beyond traditional dispute mechanisms like deposit disputes or court actions.
What this means for landlords
Landlords must comply with stricter regulations under the Renters' Rights Act 2025. They're expected to ensure that rental properties meet the Decent Homes Standard and Awaab's Law requirements at all times. This includes maintaining adequate heating, ventilation, sanitation facilities, and ensuring premises are free from hazards.
Periodic tenancies starting on day one mean landlords can't initiate a Section 21 notice without just cause. Additionally, landlords must adhere to the annual rent cap, limiting how much they can increase rents each year based on market conditions and inflation rates.
Failure to comply with these regulations could result in penalties, disputes through the PRS Ombudsman, or even legal action from tenants seeking compensation for breaches of habitability standards or excessive rent increases.
Common scenarios
Scenario 1: A tenant discovers mould growing extensively throughout their rented accommodation. At Common problems with student landlords and how to deal with them, the landlord has ignored multiple requests to address this issue over several months. Under the Renters' Rights Act 2025, tenants may pursue legal action through the PRS Ombudsman or Housing Ombudsman if the problem persists.
Scenario 2: A student tenant finds that their rent has increased significantly more than allowed under the new rent cap set by Section 13 of the Renters' Rights Act 2025. The tenant can challenge this increase in a dispute resolution forum and may seek legal advice to contest it further if necessary.
Scenario 3: A landlord attempts to evict a student tenant without providing adequate notice or just cause, violating the provisions that abolished Section 21 notices under the Renters' Rights Act 2025. Tenants can report such unlawful actions directly to their local council's environmental health department for intervention and possible legal action.
Evidence tenants should keep
Tenants must maintain thorough records of all interactions with landlords regarding repairs, rent increases, or other tenancy-related issues. This includes:
- Letters: Keep copies of all written communications detailing requests for maintenance work or complaints about living conditions.
- Photos: Document any disrepair issues, such as mould growth, structural damage, or malfunctioning appliances, using dated photographs and notes.
- Emails/Texts: Maintain a record of all digital communications regarding tenancy matters, including timestamps to prove the sequence of events.
- Correspondence with Authorities: Save letters from local council departments like environmental health services when reporting ongoing issues.
These documents serve as evidence in disputes over habitability standards or unfair practices and can be submitted during formal complaints or legal proceedings if necessary. Keeping detailed logs also helps tenants track timelines accurately, ensuring compliance with relevant statutes and deadlines.
What to do if things go wrong
If problems arise with a student landlord, tenants should escalate issues methodically:
- At Common problems with student landlords and how to deal with them, Complaint Letter: Start by writing a dated, signed letter outlining the issue, its duration, desired resolution, and any applicable breaches of tenancy agreements or statutory requirements.
- Council Environmental Health: If repairs aren't addressed, contact your local council's environmental health department for intervention.
- Deposit Scheme Dispute: For disputes over deposits, use the deposit protection scheme's dispute resolution process to seek compensation.
- Housing Ombudsman: Report landlord misconduct or breach of tenancy terms through the Housing Ombudsman if initial steps fail.
- PRS Ombudsman: Utilise the new PRS Ombudsman for issues related to rental conditions, rent increases, or other disputes covered under Renters' Rights Act 2025 provisions.
- First-tier Tribunal: For serious breaches or unresolved disputes, tenants may consider taking their case to a first-tier tribunal.
- County Court: As a last resort, tenants can pursue legal action through the county court system if all other avenues fail.
Each step provides escalating levels of intervention and oversight, increasing pressure on landlords to comply with tenant rights and legal obligations.
Common mistakes to avoid
Both tenants and landlords frequently make errors that can exacerbate disputes or lead to legal complications:
- Tenants skipping formal complaint processes: Failing to document issues properly before taking them to authorities can weaken a case.
- Landlords evicting without proper notice: Initiating eviction proceedings prematurely, especially through Section 21 notices which are now abolished, can result in penalties and tenant rights violations.
- Misinterpreting rent cap rules: Incorrectly calculating allowable rent increases under the new caps set by the Renters' Rights Act 2025 may lead to disputes and legal challenges.
- Neglecting PRS Database registration: Failing to register rental properties with the required database can affect a landlord's ability to manage tenancies legally.
- Ignoring environmental health advice: Disregarding recommendations from local authorities on property maintenance or habitability standards can prolong issues unnecessarily.
Avoid these pitfalls by adhering strictly to legal guidelines and seeking professional guidance when necessary.
Where to get help
Shelter offers full support through its helpline (0808 800 4444) and online resources, providing advice on tenancy agreements, landlord obligations, and dispute resolution. Citizens Advice also provides local assistance with housing issues via their network of offices and website.
Your local council's housing team can offer guidance on specific problems like disrepair or illegal eviction attempts through environmental health departments. Consulting a housing solicitor experienced in tenant rights is advisable for more complex legal disputes or cases involving significant financial claims.
Legal aid may be available for certain types of housing disputes, particularly those concerning severe breaches of habitability standards or unjustified evictions under the Renters' Rights Act 2025. Check eligibility criteria and application processes with local legal aid providers directly.
Related: Student Renting Guide: Deposits, HMOs and Your Rights