TikTok, Twitter and tenancy agreements with teeth - how to protect against rogue landlords

While one generation of students, some for the first time, are figuring out where they are living in the next academic year, many of last year’s students are still struggling to get their deposits back from landlords and estate agents.

Four out of ten students (38 per cent) can expect their landlord to keep almost a third (29 per cent) of their deposit when they move out of their privately rented accommodation, research from independent comparison website money.co.uk reported last year.

The principal issues for landlords were cleanliness - more than half (52 per cent) felt the property wasn’t cleaned to a high enough standard to warrant a full deposit return. But damage to fixtures and fittings accounted for almost a quarter (24 per cent) of students who didn't get their full deposit back with excessive wear and tear (22 per cent), also an issue.

Yet many students would disagree, arguing that they are often seen as easy targets for criticism, especially as for most tackling a row about a rental deposit will be their first experience of negotiating a dispute that could have legal consequences.

Now some are turning to social media to encourage landlords to be more realistic - like Newcastle University student Max Trobe.

Trobe, 21, who is studying a degree in marketing, was battling to get his second year rent deposit worth £500 back after being accused of staining a mattress.

“I checked into my room about a year ago in a shared house,” says Trobe, “and everything seemed fine. My mattress was a little grim and stained, so I put down a mattress protector.”

But aware that he would be held accountable, Trobe decided to be proactive.

“My dad and I recorded a video of it just so we had some evidence if something went wrong,” he says, “but we didn't think anything untoward would happen. There were also a few other minor problems with my room, it was dirty when we moved in with marks on the walls and rips in the sofa, but it was nothing major.”

Trobe was unusual in making a visual record: Money.co.uk’s research also shows that four out of five students (79 per cent) do not sign a photo inventory when they move in which can provide valuable evidence.

And at first he wasn't too worried. Trobe adds: “We thought if anything serious was to happen, then it would be fine. So at the end of the year, when the landlord asked if all nine of us wanted to pay £60 each for a house clean, we opted to do it ourselves across two days and did a pretty good job at it.”

When Trobe then received his deposit documents, he noticed that collectively about £500 had been taken off from all of their deposits, and he was individually being charged £45 for leaving behind a stained mattress the one which he says his landlords provided him with at the beginning of the year.

His friend, who also lived in the same property, was also told that she had a stain on her mattress and had to pay £200 for a full mattress replacement. “We agreed that realistically we couldn’t fight against all of the reductions.”

At first, Trobe did try to approach the landlord via email. But when that didn't work, he decided to get creative. Aware that other students had used social media, he first put in some research.

“I looked into it before I posted anything,” says Trobe, “because if you share a landlord's full name or put a business on blast and it gains a lot of traction, then you could be sued for defamation.

“If you post anything on social media, you need to make sure you're just posting factually what happened and not tarnishing someone's character - as you're legally allowed to post an email.”

He points out: “I haven't named the letting agency I’m in a dispute with, I'm not trying to ruin anybody's livelihood. I just want justice.”

While Trobe has taken a fairly confrontational approach - albeit one with lots of humour - most students may find being patient and resourceful even more effective.

That’s the advice of Scott Dixon, who runs the consumer advice website thegrumpygit.com.  Students need to develop the capacity for inventive thought and quick understanding, he says, because on most occasions, deposits should be legally protected.

“Keep it polite and professional,” says Dixon, author of How to Complain: The Consumer Guide to Resolve Complaints and Motoring Disputes. “Remain calm and have everything in writing, keeping the emotion out of it.

“Follow up any phone calls with an email noting the time, date and who you spoke to so you can, this helps to create a paper trail of evidence. Stick to the facts and quote legal jargon where necessary, because knowing your consumer rights and how to assert them will give you the advantage in any consumer dispute.”

Dixon points out that you may not be the only feeling worried. “Vulnerability cuts both ways,” he says, “especially now, and you don’t know the circumstances of the people you are dealing with. Remember, you get what you give.”

He is not a fan of Trobe’s approach, saying “Do not take your dispute to social media, as anything you put on there is published material and can be used against you in court. The internet never forgets.”

But Dixon believes that there are ways those who are about to move into accommodation can better protect themselves and avoid getting into such a situation in the first place.

“Do your homework in advance on the landlord and letting agency,” he says. “Read reviews, do the Google searches with the landlord’s name in inverted commas to narrow the search for adverse comments, and never part with any money without seeing the property for yourself and signing any tenancy agreements.

“Take check-in and check out photos, and note any marks, stains, holes in walls and any minor cosmetic damage. If any are spotted, inform the landlord or letting agency right away.

“Always treat the property as your own, look after it, take out contents insurance, take photos of meter readings at the start, and keep all paperwork in a safe place.”

Thomas Street, regional lettings manager for Winkworth estate agents, covering Shoreditch and the City fringes, says they always advise students to find their rent accommodation through a reputable agent.

Says Street: "They can then go back to the agent and ask for advice on the best way forward. The deposit should be held in an independent deposit scheme, which will look to arbitrate to find a solution.

"Communication is the best way to maintain a good relationship with the landlord. If there is any damage or fixtures that need maintenance, the tenant should let the landlord know as soon as possible.

"An agent should be able to advise on the best way of approaching the landlord. The next step could be to talk to the Citizens Advice Bureau."

Yet Hillary Gyebi-Ababio, the vice president of higher education at the NUS, says: “Student tenants have been ignored by the government throughout the pandemic and in many cases treated appallingly by landlords. As the eviction ban comes to an end, we urgently need government action to boost tenants’ rights and ensure all students have access to safe, decent and affordable accommodation in the next academic year.

“In the meantime, students can ensure they’re protected from rogue landlords by joining local tenants’ unions such as ACORN and seeking support from trained housing advisers in their students’ union, university from organisations such as Shelter.”