Know Your Rights: Student Housing and the Law in Belfast

Olivia Jordan

Each September, thousands of students trade the comfort of home for the chaos of student housing. Whether it is a 5-bedroom in the Holylands or a new city-centre flat, one thing unites them all: rent, repairs and the occasional questionable landlord.

But how much do you really know about your housing rights as a tenant? For many students, the answer is not much, however in a housing market under pressure with rising rents and growing demand, understanding your legal rights isn’t just useful, it is essential.

What law protects student tenants?

In Northern Ireland, the key legislation is the Private Tenancies Act (Northern Ireland) 2006, which was recently amended by the Private Tenancies Act (Northern Ireland) 2022. Together, this legislation sets out the rights of both landlords and tenants in private rented accommodation, such as student housing.

Under such laws, there are a number of initial protections that usually impact tenants before they move into their houses. Article 4 of the 2006 Act sets out that the tenant must receive a tenancy agreement in writing, setting out the rent, length of tenancy, and responsibilities for repairs. Under Art 5A of the same Act, landlords must protect your tenancy deposit in an approved Tenancy Deposit Scheme within 28 days of receiving it. Under the Tenancy Deposit Scheme, landlords cannot simply “keep” your deposit. It must be protected in a government-approved scheme, which allows you to dispute deductions if you disagree. Moreover, tenants have a right to a rent receipt and to be informed of any rent increases at least 28 days in advance (Art 5E of the 2022 Act). Arguably most importantly, the landlord is legally responsible for ensuring the property is safe and habitable. This includes ensuring working heating, electricity, fire alarms and a valid Energy Performance Certificate (EPC) (Art 6-11 of the 2006 Act).

If your landlord fails to meet these standards, they may be in breach of tenancy law. If this is the case, you can report them to the Housing Executive or the Environmental Health Department at Belfast City Council.

Moreover, most student houses in Belfast qualify as Houses in Multiple Occupation (HMOs). These are properties shared by three or more tenants from different households and are regulated by the Houses in Multiple Occupation Act (Northern Ireland) 2016. This law aims to improve safety and living standards in shared houses, such as in high-density student areas like the Holylands. Landlords who fail to obtain a licence or meet required standards can face heavy fines. Such legislation also requires landlords to meet strict health, safety, and amenity standards, including adequate fire safety measures, proper waste disposal, and minimum space standards.

Common problems during tenancy and how the law helps

Repairs

Landlords are responsible for structural repairs and repairs to any appliances unless it is the tenant that has caused the damage. Regarding the exterior of the property, the landlord has an obligation to ensure that drains, gutters, and external pipes and paintwork are up to proper working order. Within the interior of the property, installations, as well as heating appliances and appliances used for supply of water, gas, electricity and sanitation which the landlord has provided, must be of a suitable standard. Any fixture of fitting provided under the terms of the tenancy also falls within the landlord’s remit to repair.

As a tenant, you are required to provide the landlord with any relevant information, comply with fire safety and litter storage and disposal arrangements in the property. It is usually stated in the tenancy agreement that the property should be in the same state of repair when you leave as when you started your tenancy.

If you find yourself in a situation where you are experiencing delays in work being carried out, you can contact the landlord or letting agent to remind them of their obligations. If such issues are impacting your ability to live in the property, you can contact Environmental Health, which has the power to inspect and issue enforcement notices.

Entry into the house

In an HMO, your landlord can enter communal areas having given suitable notice, however, he will require your consent to enter the part of the property you exclusively occupy (usually your bedroom).

Damp/mould

It is your responsibility as a tenant to prevent condensation in the property. However, some types of mould, for example those caused by a structural issue, are the landlord’s responsibility. Regardless of the cause, you should report any dampness or mould to your landlord and if they refuse to repair it you should contact Environmental Health.

Why it matters.

The student areas in Belfast, such as Stranmillis or the Holylands are infamous for housing issues. Overcrowding and noise complaints are common, however very few students report such issues. The 2022 Act was designed to rebalance the power between tenants and landlords, however it has come under criticism for not being far-reaching enough. Campaigners such as Housing Rights NI and Renters’ Voice NI continue to argue that Belfast needs stronger rent controls and longer notice periods. The Department for Communities continues to consult on tenancy reform, but enforcement remains uncertain.

Student housing isn’t just a stepping-stone, rather it is an important legal relationship. In Belfast’s competitive market, students often feel powerless, but the law is on your side. For now, the key is awareness. If students know their rights, landlords are more likely to comply.

Where to get help:

-       QUB Students’ Union Advice Centre - provides confidential help with tenancy issues and disputes.

-       Housing Rights NI - provides legal information, mediation, and a free advice helpline

-       Belfast City Council Environmental Health - to report unsafe or overcrowded housing.