Before You Sign

Contracts

The protection you have largely depends on your status as an occupier. However, an Assured Shorthold Tenancy Agreement (England), an occupation contract (Wales) or Short Assured Tenancy (Scotland) are the most common. These can be made for a specific period of time, for instance, one academic year, but they will not usually be made for a period of less than 6 months.

Please note that if you are staying in lodgings, Homestay or with the owner of the property then you will not be a “Tenant” and should therefore not be required to sign a tenancy agreement. They may issue a room licence or lodger agreement.

Once the Renters Rights Bill has come into force,, unless your landlord is a landlord of ‘Purpose Built Student Accommodation’ (where different rules apply), Assured Shorthold Tenancies in England can no longer exist, and all English tenancies will be Assured Tenancies.  Any Assured Shorthold Tenancies at the commencement of the Renters Rights Bill will be converted automatically to Assured Tenancies. 

After the Renters Rights Bill has come into force, Assured Tenancies will not be for a specific period of time (i.e. a fixed term) but will convert to ‘periodic tenancies’.  This means they will run on from week to week or from month to month (this is the ‘period’ of the tenancy) until either you give notice and vacate or until you are evicted by the Landlord obtaining a court order for possession. Note that the period of the tenancy cannot be more than 1 month (if paying monthly) or 4 weeks (if paying weekly).  Any attempt by your landlord to create a longer period will be of no effect.

Joint Tenancy

If you are sharing a house or flat then you may be asked to sign a joint tenancy agreement or a separate tenancy agreement. It is a joint tenancy if you have all signed the same agreement. It is a single tenancy if you have each signed separate tenancy agreements (i.e., just for your own room with shared use of the rest of the property).

If you sign a joint tenancy agreement then you will all be responsible for each other’s debts and damages in respect of the property. So if one of the tenants moves out without giving the notice or paying rent then the remaining tenants are liable to pay that tenant’s share.

If you have a separate agreement for your own room and shared use of the ‘common parts’ of the property, then if there are any discrepancies, the argument is between yourself and your landlord and will not normally involve your housemates (unless perhaps it relates to the common parts of the property).

Bills

• Clarify what is included in your rent. For instance, some agents/landlords include water rates, others don’t.
• Some tenancies may also be inclusive of other bills such as gas and electricity. Check your tenancy agreement carefully before you sign it to make sure that it agrees with what you have agreed with the landlord/agent.
  
• If relevant, ask the previous tenants the rough cost of gas, electricity and water.
• Take readings of the relevant meters as soon as you can, once the last tenants have left.
• Where you are responsible for bills, change the bills to your name with the relevant suppliers from the time you move in, and decide whether joint names will be put on the bills or if the responsibility will be divided. It makes sense to put the names of all residents on the bills to ensure shared responsibility.

Insurance

• Don’t think of doing without it; the number of burglaries and thefts in student houses is rising! Your landlord’s insurance will not cover your personal possessions.
• Shop around to find the right insurance package for your requirements.
  Your University or college may be able to recommend suitable insurance.
• Make sure that you’re covered over the holidays.

Council Tax

• Properties where all the occupants are full-time students will be exempt. You may be asked to produce a certificate giving evidence of your student status; this certificate will be obtainable from your faculty office after you have registered on your course.
• If one or more of the occupants of your house is not a student, the house becomes taxable, so you must clarify whether you are expected to pay anything towards the cost.
  
• If you are unsure about your status with regard to Council Tax then seek advice from your Student Accommodation Department.

TV Licence

Click here for more information. Call: 0300 790 6113 for more information.

The Contract

Most landlords and agents will ask you to sign a tenancy agreement. This is a legally binding document setting out each party’s rights and responsibilities. Although note that both landlords and tenants have some rights (for example tenants’ rights under the repairing and fitness for habitation legislation) which cannot be overwritten by the contract. Before you sign make sure that you understand all clauses, so there can be no nasty surprises after you’ve signed.
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We would always recommend seeking advice regarding your contract before you sign it. If your landlord will not allow you to take a copy of the contract away to be checked, you should not sign it. Your legal obligations and rights are different if you live in University accommodation or share a property with your landlord. Please contact your local Student Accommodation Department for further information on this issue. If asked to sign an agreement, it is likely to be an Assured Shorthold Tenancy Agreement and will normally last for at least six months, after which the tenancy can run on a monthly basis. However, many tenancies run for a fixed term, i.e. July 1st 2020 to June 30th 2021. In this case make sure that you are happy with the length of the contract as it is very unlikely that you will be able to end the tenancy early.
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The tenancy agreement should also state the following:

• How much the rent is and when and how it should be paid (check that the rent adds up and that there are no extra charges).
• Information on when and how the rent could be reviewed in the future
  
• How much deposit is and how it will be protected (note that by law now in England deposits cannot be for more than five weeks worth of rent)
• The circumstances in which the deposit may be withheld either in full or in part, e.g. to carry out repairs works due to damage the tenants have caused
• If you are paying for an alternative scheme rather than a traditional deposit this should be set out in the agreement. Make sure you check the provisions of the   alternative scheme carefully. Note that your landlord must offer you the choice of a traditional deposit.
• The landlord’s and tenants’ names and address of the property being let.
• The date the tenancy began and its duration.
• Who is responsible for the fuel bills, water rates and council tax.
• Details of whether other people are allowed the use of all or part of the property, and if so, which part.
• Whether the landlord will provide any services (i.e. laundry, cleaning), and whether there are service charges for these.
• The length of notice which the landlord or the tenant need to give, if the tenancy is to be ended. (There are statutory rules regarding this dependent on the type of tenancy and usually you cannot give notice to end a tenancy early).
• The landlord’s and tenant’s repair obligations. (Again there are statutory rules regarding this).
• The landlord’s right of access, which should be at a reasonable time and after 24 hours’ notice.

The terms of the agreement must be in plain, intelligible language and fair. For example, any clause allowing the tenancy agreement to be ended early (known as a break clause) must apply to both landlord and tenant. A clause just allowing the landlord to end early will be invalid, and tenants should not be subject tounreasonable rent increases. Note that most fees and penalty clauses will now be illegal under the Tenant Fees legislation. Tenancies will be either ‘joint’ or ‘individual’. If you sign a joint tenancy, i.e. all the names on one contract, you are jointly and severally responsible for the payment of rent and the ‘well-being’ of the property. For example, if your housemate doesn’t pay their rent, the landlord is legally entitled to demand it from the other tenants. Individual tenants still have joint responsibility for damage to communal areas.

Read the small print of a tenancy agreement. Most student accommodation contracts are for a fixed period of time. It is unlikely that there will be a ‘get out’ clause in your tenancy agreement, so you need to be 100% sure it is the place you want to live in and the people you want to live with. A landlord or agent may consider releasing you if you have a suitable replacement tenant to take over your room. In the past some considerate landlords and agents have released tenants if they have been kicked off their courses or have left University for health or financial reasons – but they don’t have to if they don’t want to

If a landlord or agent won’t release you, you will usually be responsible for the rent for the rest of the tenancy period. Most things that you agree to in a tenancy agreement you will have to stick to. For example, if you agree not to use blue tack on the walls, you cannot use blue tack on the walls (and if you do, you will probably have to pay for the walls to be re-decorated when you leave). Here are certain legal obligations that apply to student housing regardless of most tenancy agreements.

For example:

• The property must be ‘fit for human habitation’ at the time it is let and throughout the tenancy. This means that it must meet basic standards for example as regards, repair, with no risk of harm to the health or safety of the occupiers.
• The landlord must carry out some basic repairs, and is responsible for the structure and exterior of the property.
  
• The landlord must keep the installations for the supply of water, gas, electricity, sanitation and heating in good working order.
• The tenant has a right to live peaceably in the accommodation without interference from the landlord.
• The tenant should take proper care of and not damage the accommodation.
• The tenant should be supplied with the name and address of the landlord, and the address to which notices should be sent (for example, notices requiring repairs to be carried out).
• For an assured short-hold tenancy created on or after 28th February 1997, the landlord must provide basic written terms of the agreement within 28 days of the tenant requesting this in writing.
• The landlord should give 24 hours written notice to enter the property. For example, to undertake repairs or view the property with prospective tenants. Although if the appointment is inconvenient for you, you can ask for this to be changed and the landlord cannot enter if you do not agree.
  
  Note that after the Renters Rights Bill has become law and come into force:
  ·   Landlords will be under a legal obligation to provide a tenancy agreement and can be fined if they fail to do this
  ·   All tenancies will be assured tenancies and will be periodic (i.e. they will run from month to month rather than the tenant being signed up for a period of time such as a year)
  ·  Tenants will be able to end their tenancy on giving a two month ‘Notice to Quit’ to their landlord
  ·  Note that there are different rules if you live in Purpose Built Student Accommodation or rent a room as a lodger in your landlord's home.  If you are not sure whether this applies to you, seek advice from your Student Accommodation Office.

For further information on tenants rights see the excellent guidance on the Shelter site at https://england.shelter.org.uk/housing_advice
‍You will also find answers to common questions and online guidance at The Renters Guide Website at https://www.therentersguide.co.uk/

Under the Tenant Fees Act 2019 (in England) and similar legislation in Wales, your landlord/agent are now restricted in the fees that they charge. It is illegal for any charges to be made other than:

• A holding deposit (before the tenancy)
• A traditional deposit (see below) which (in England) cannot be for more than five weeks worth of rent, and
  
• Rent – note that the landlord cannot charge a higher rent in any month (eg in lieu of an administration fee)
• Utilities and Council Tax
• A TV licence and communication services (eg broadband and satellite TV)
• For the actual cost of lost keys
• Interest at 3% above bank base rate for unpaid rent after 14 days
• Who is responsible for the fuel bills, water rates and council tax.
• A fee of £50 (or sometimes the landlords actual expenses) if the landlord varies the tenancy agreement at your request
• Payments if the tenancy is ended early by agreement – which must not be more than the total rent due under the tenancy agreement

Landlords may be able to make other charges with agreement of the tenant – for example if your elect to pay for an alternative deposit scheme rather than pay a traditional deposit.
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Beware fraudsters
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It’s worth mentioning here that criminals are always with us and there are many scams aimed at students. Be very careful about paying money out in respect of properties you have not seen. If possible it is best to rent from landlords approved by your student accommodation office, or from a letting agent who is a member of ARLA or RICS. You can normally check that an agency is regulated from the ARLA or RICS website.

When the Renters Rights Bill comes into force, landlords will be prohibited from asking for or accepting any rent before the tenancy agreement has been signed.  However, once this has been done, they can ask you for one month’s rent in advance.

Holding Deposit

Some landlords/agents may ask for a holding deposit which by law can only be for up to 1 weeks worth of rent. This is to provide security to the landlord/agent while they take the property off the market while doing checks. However, there are strict rules on holding deposits and, unless you are responsible for the tenancy not proceedings (e.g. if you give incorrect information and fail referencing or decide not to proceed) the money must be returned to you or (if you agree to this) offset against your rent.

The landlord/agent can only hold the money for 15 days unless this time is extended by agreement with you. At the end of this period the landlord/agent must either return the money to you or tell you why it is being withheld.

Tenancy Deposits

You will normally be required to pay a tenancy deposit to the agent/landlord as security in case you damage the property or furnishings. It can also be used to cover unpaid bills, rent or missing items. Most agents/landlords will ask for a sum equivalent to four weeks’ or a calendar month’s rent but the maximum an agent/landlord can charge by law (in England) is five weeks’ worth of rent in England or six weeks if the annual rent is £50,000 or more.

In order to ensure that you get your deposit back:

• Ensure that you know what things your landlord can deduct from the deposit (this will normally be covered by a clause in the tenancy agreement).
• Note that if there is no clause in the tenancy agreement providing for the things that can be deducted from the deposit, your landlord will not in most cases be able to make any deductions.
• Ensure that you have a receipt for monies paid.
• Ensure that you have a full inventory - this should also set out the condition of the property and furniture within it.
• Get the agent/landlord to sign it.
• You may wish to take photographs, particularly if the condition of the property is different from what is written in the inventory. Make sure they are clear and in focus, contain something to show the scale and ideally use a camera which will date them.
• Take reasonable care of the house and furniture during the tenancy.
• Towards the end of your tenancy write to the agent/landlord inviting him/her to inspect the property.
• Settle all the bills.
• When you leave return all the keys to the agent/landlord and make a written request for the return of your deposit. Keep a copy of the letter.

Tenancy Deposit Scheme

Deposits paid by tenants who have assured shorthold tenancy agreements, are safeguarded by a Government sponsored scheme, which will facilitate the resolution of any disputes that arise in connection with such deposits.

There are two types of scheme:

1. Custodial Scheme a tenant pays the deposit to the landlord who in turn places it into a designated scheme account. When the scheme administrator returns the deposit to either the tenant or the landlord it is done so with interest at a rate specified by the Government. If they are not in agreement, a final court order will have to be obtained specifying the proportion of the deposit to which each is entitled.

2. Insurance based schemes a tenant pays the deposit to the landlord who only transfers it into a designated scheme if there is a dispute at the end of the agreement. When the landlord and tenant reach agreement or a court decides how much each party is entitled the administrator will distribute the deposit accordingly.
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Within 30 days of receiving your deposit your agent/landlord must give you ‘prescribed information’ regarding the scheme safeguarding your deposit. You should always check that the scheme has received your deposit.
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If at the end of your tenancy, an agent/landlord using an insurance based scheme fails to repay the deposit to you then the scheme will refund any deposit money due to the tenants (and then pursue the landlord separately for reimbursement).
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Alternative Deposit Schemes

Some landlords and agents are now using these. Note that they are not actually deposit or insurance schemes - they are a guarantee given to the landlord by the scheme that they (the scheme) will pay the landlord up to a specified amount, if the tenant leaves owning money for damage or rent. They involve a much smaller payment by the tenant, or sometimes a regular monthly payment.

You need to be very careful about these schemes. They are all different – some may be very good, others less so.

Here are a few things to note:

• Your landlord/ agent MUST allow you to pay a traditional deposit if you prefer. They cannot insist on the alternative deposit scheme
• What you are paying is not a deposit but a non-refundable fee. You will never get it back. Unlike a traditional deposit where you will get all the deposit back if you leave the property in good condition.
• If your landlord claims on the scheme, the scheme may then pursue you for the money they have to pay out to the landlord/agent. This could be a considerable sum as these schemes sometimes guarantee the landlord more than the tenancy deposit limit of five weeks rent If you disagree with the sum claimed by the landlord/agent there may be a fee to pay if the dispute goes to adjudication (as opposed to traditional deposit schemes where the adjudication service is free). For some schemes there could be other fees.

You should be very careful about signing up to one of these schemes. Read all the paperwork carefully and if you are worried, speak to your Student Accommodation Department.

Retainers

These are paid to the agent/landlord by prospective tenants. The retainer period forms part of the contract (typically July to August) when the student is unlikely to want to occupy and the agent/landlord may wish to carry out certain maintenance works to the property. The normal retainer payment is 50% of the per calendar month rent.

Points to Note: England and Wales only

You usually have to pay a deposit if you want to rent somewhere, but as you probably know, it’s not always easy to get it back when you leave.
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Disagreements:

If there is a dispute about deductions from the deposit at the end of the tenancy then there is (for traditional deposit schemes) a free adjudication service you can use which is provided by all the tenancy deposit schemes. You can find out about these by visiting the scheme websites. In a few situations it may be necessary to go to court but this is rare. Speak to your Student Advice Centre if you experience problems.
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However, your agent/landlord has to use a tenancy deposit protection scheme if they want to take a deposit from you. This means that:

• you will get your deposit back if you're entitled to it.
• there will be a way of settling any disagreement about your deposit without going to court.

What if my agent/landlord does not protect my deposit?

If your agent/landlord doesn’t protect your deposit (assuming this is a traditional deposit), and/or fails to provide the prescribed information, within the 30 day time limit, you can take them to court. The court may either order your agent/landlord to pay you back the deposit or to pay it into one of the schemes available. It will also order your agent/landlord to pay you between 1 to 3 times the amount of the deposit as a fine.
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Note that you can check to see if your deposit has been protected by looking at all the scheme websites – which are:
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• The Deposit Protection Service (DPS)
• My Deposits
• Deposit Scheme (TDS)

The scheme websites also have a lot of helpful information for tenants so are worth checking out. If you’d like to find out more about the Tenancy Deposit Law, visit: https://www.gov.uk/tenancy-deposit-protection