Signing on the dotted line

Remember that when you enter into a contract with a landlord, you are making a serious legal commitment. Make sure that you are fully informed before you commit; the information in this section should provide some help.

Student Services can also help if you need it.

Tenancy agreements

There are different types of agreement but, provided the accommodation does not have a ‘resident landlord’, your agreement will normally be one of two types:

Assured Tenancy

With this type of agreement as long as you do not break the terms of the tenancy you may continue to live in the property.

Assured Shorthold Tenancy (AST)

This is the most common type of agreement in the private rented sector. The AST will normally be for a fixed initial term. It is important to recognise that all reasonable terms in tenancy agreements are legally binding so read the agreement carefully and only sign it if you are comfortable with the conditions. In signing the agreement you commit to paying rent until the end of the initial term, even if your circumstances change and you wish to leave. If you need advice on understanding the terms of the agreement contact, please call Health Assured’s FREE 24/7 Student Helpline on: 0800 028 3766.

Remember…

An important point to establish is whether each of your group will be expected to sign individual tenancy agreements or whether the whole group is expected to enter into a joint tenancy agreement. If you sign a joint agreement with one or more others, you are all liable for the entire rent. If one person fails to pay, the landlord will expect the rest of the group to make up their share. Equally if one person causes any damage to the property the whole group is liable for any repair costs. It is therefore crucial that you know and can trust all parties to a joint agreement. If one of the group wishes to move out before the end of the agreement the rent must still be paid in full. Most agreements allow you to find another housemate but it is likely that you will have to meet any associated costs such as advertising, taking up references or amending the agreement.

Rent & deposits

Deposits

Once you’ve found a suitable place to rent, most landlords and letting agents will need you to pay a deposit and may also ask for a guarantor before they draw up a contract. They may also ask you to pay rent in advance.

Don’t hand over any money until you’ve had a good look around the property: check for obvious signs of disrepair, damp, badly fitting doors or windows, or anything that could compromise your security.

It might also help to take someone else with you to get their views on the property.

Deposit Protection

With effect from April 2007, it is a mandatory requirement for any deposit taken under an Assured Shorthold Tenancy to be protected and the landlord must provide you with ‘prescribed information’ as to how your deposit is protected within 14 days of payment.

The scheme was designed to ensure that tenants get all or part of the deposit back when they are entitled to it and to make it easier to resolve disputes surrounding the deposit between landlords and tenants by giving tenants an equal say in the matter. For more information, visit www.mydeposits.co.uk.

Paying on time

It’s your responsibility to pay rent, not the landlord’s responsibility to chase it. Make sure the rent arrives on the due date, not leaves your account when it is due. It will make life hassle free. It is important to remember that witholding rent is not a legal way of protesting against your landlord not fulfilling their duties regarding repairs or other tenancy matters.

Inventories/photos

An inventory should be taken before you move into any property. Essentially, this is a list of the contents of the property and also the condition of the property and contents.

Is there a double bed in your room as described? Are the items listed in good condition? Note on the inventory any problems, damage, or obvious stains. List any items which are missing. Check things like whether the shower works and that all doors have appropriate locks. Also check that appliances work.

It is important to agree the inventory with the landlord and for both parties to sign it before you move in, as any damage not recorded on the inventory could be charged to you at the end of the tenancy. You might find it useful to take (date marked) photographs of the property and make sure everyone, including the landlord or agency, has a copy of the dated photographs.

Check that all of the cupboards are emptied of previous tenants’ belongings. Make sure that any garden or garage (if it is part of the tenancy) is clean and free of rubbish. If rubbish is left behind by the previous tenants and its presence has not been noted on the inventory, you may be held responsible for clearing it out, or paying the costs of removal.

Tenants & landlords rights

The best way to avoid conflict or difficulty is to understand your rights, and what you can expect of your landlord.  Here are some things you may need to know.

Tenants’ rights

Every tenant has the right:

  • To know the terms of the tenancy
  • To know the name and address of the landlord
  • To a decent standard of repair in the property and safe accommodation
  • To ‘quiet enjoyment’ while living in the property
  • To a rent book if the rent is payable on a weekly basis
  • To proper notice (usually 24 hours) if the landlord wishes to inspect the property
  • To proper notice if the landlord wishes the tenant to leave

Landlords’ rights

Every landlord has the right:

  • To charge a market rent (on lettings which began on or after 15 January 1989)
  • To fix the terms of the agreement before the tenancy begins
  • To receive rent as and when it falls due
  • To be advised on any necessary repairs
  • To be given proper notice by a tenant if he or she wishes to leave
  • To be allowed reasonable access to inspect the property (by appointment)
  • To ask for a deposit which can then be used to offset any damage to the property by the tenant;
  • To ask for rent in advance
  • To choose who the property will be let to, as long as the choice is in compliance with with legislation prohibiting discrimination on the basis of race, sex or religion