Renters' Rights Bill

Written evidence submitted by University of Westminster Students’ Union to The Renters’ Rights Public Bill Committee (RRB92).

This submission comes from the University of Westminster Students’ Union (UWSU). We represent 21,200 students studying at the University of Westminster. We are submitting this evidence as housing is one of the most significant challenges facing our membership, and we hope that this legislation will take meaningful steps to improve the rental housing experience that is so desperately needed for university students. We have utilised insight from previous UWSU surveys as well as consulting students on campus, who shared their lived experiences of renting. This submission focuses on guarantors, tenant protections in PBSAs, and grounds for possession.

We welcome the content regarding discrimination relating to children or benefits status outlined in Chapter 3. In addition, we ask the Committee to consider extending the provision regarding discrimination to cover persons with student status, on two financial grounds. First, we strongly believe that the practice of the UK-based guarantor scheme can discriminate against many students, particularly care leavers, students from IMD Q1 and Q2, and international (non-EU) students. Of those classified, 54% of Westminster students are from IMD Q1 or Q2. 28% of Westminster students are international (non-EU). The reliance on a guarantor – typically a family member – can reduce access to Higher Education. Prospective and continuing students, without someone who can act as a guarantor, are less likely to consider moving to a private rental to study. Similarly, we have heard from international students about the additional stress of finding a UK-based guarantor. This increases the propensity to pay large sums – often six or 12 months – of rent in one go in order to secure a room. The scrapping of the guarantor system would remove this risk many students have to experience to access Higher Education.

Second, we strongly believe that the average student accommodation costs, especially in London, are too high in relation to student income. In the UWSU Term 1 Check-In Survey 2023/24, 92% of students stated they have not had enough money to cover essential costs for living and studying at some point in the past year (656 responses). We would welcome the Committee exploring the possibility for the Office for Students (OfS), or another body, to oversee the setting of rents in HEI- and privately-owned PBSAs as well as private student rental properties, in line with maintenance loan levels. In addition, we would welcome efforts to ensure that maintenance loans increase alongside the rate of inflation, as it is proposed rental prices shall. The following quote from a student completing our Check-In Survey (Term 2, 2023/24) summarises the general issue:

"Money is a big issue, especially living in London... all and more of my student finance goes towards transport and accommodation making me reliant on my parents to lend me money for groceries."

We are conscious of both sides to the debate around whether this Bill should or should not move purpose-built student accommodation away from assured shorthold tenancies. We currently have no strong opinion for or against this. We only wish to stress the importance of enshrining tenant protections for those living in PBSAs, and this submission highlights two key aspects of tenant protections that students need improving.

First, we hear all too regularly the poor state of living conditions within PBSAs. As a Students’ Union, we regularly hear anecdotal feedback from students about poor living conditions. This often ranges from troubles with damp and mould, financial struggles caused by high rents, or struggles communicating with their landlord or PBSA provider to fix issues. This is backed up by UWSU and wider sector insight. For example, in a UWSU survey entitled ‘Being Well, Doing Well’ (February 2021), 31% of Westminster students shared that they are stressed ‘often’ or ‘all the time’ because of their living conditions (1,405 responses). Similarly, Save the Students’ national student accommodation survey 2024 emphasised the biggest issues with properties students live in, including damp (37%), inappropriate landlord visits (13%) dangerous living conditions (8%) – which should be mitigated with new legislation.

Second, we have had from many students how PBSAs – especially privately owned – swallow up student deposits at the end of tenancies with little to no justification. The existing system of deposit reclaims rely on ex-tenants having the time, money, and energy to refute deposit deductions that they deem unfair. These are things far too many students are without. One current student told us:

"I lost my £300 deposit when I lived in private student halls in West London last year. After I moved out, I never heard from them even after emailing and trying to contact them about my deposit deductions. Everyone I spoke to that lived with me also never heard back or received their deposit back."

To this extent, we would greatly appreciate further tenant protections for students in PBSAs being enshrined in this legislation. It is also important to emphasise the negative impact substandard living conditions can have on a student’s ability to study and make the most of university.

In addition to the comments made above, there are areas we would appreciate clarity on.

1. On rental agreement with all-inclusive bills – it is common practice for students to sign tenancy agreements where rental payment includes the cost of bills. We would appreciate clarity on what students signed to one of these types of agreements may expect from potential rent increases as outlined in Chapter 1, Part 7.

2. Ground 4A possession of student accommodation (January starters) – we acknowledge that most university students are on the standard September to August academic cycle. However, there are approximately 700 students at the University of Westminster studying on the January to December academic cycle. This means that the proposal for Ground 4A condition for possession will fall between 1 June and 30 September may significantly negatively impact the ability of some students to continue studying.

3. Ground 4A possession of student accommodation (rent hikes) – we are concerned that Ground 4A may be utilised to unfairly remove continuing students to allow for a hiking of rent for a new student group. We believe this would be rectified by adding a clarifying point that possession as per 4A may only occur where the landlord(s) reasonably believes that the current tenants are due to finish their course and therefore will fail the student test in the next four months, on the basis that they have or are about to complete their course and are not moving onto another academic course.

4. Coherence with incoming Lifelong Learning Entitlement – there may be a lack of clarity over who constitutes a ‘full-time student’ when the Lifelong Learning Entitlement is introduced, and so further guidance on how we can protect students and their rental rights in keeping with this Bill will be appreciated.

5 November 2024