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► Tenancies and Contracts
Tenancies & Contracts
your housing contract is usually a written agreement. Never sign a contract on the spot - you should always be given at least 24 hours to read the contract. It is vital that you remember that once a contract has been signed that it is legally binding on all parties, you do not get a chance to change your mind.
The type of contract you sign will depend on whether you rent directly from a landlord/agent, live with an owner, or live in University Accommodation.
Renting from a landlord/agent
Most students will sign what is called an Assured Shorthold Tenancy agreements. There is usually a standard fixed term of 12 months, although it is possible to sometimes negotiate a shorter term. If you sign a fixed term contract (e.g. 1st July to 30th June), you are liable to pay rent for the full period, unless there is a specific clause allowing you to give notice to quit (this is very rare). This type of agreement means that you are a tenant and have exclusive possession of the property. The landlord/agent can have access to the property (e.g. for repairs/inspections), but you should be given notice and they should only call during reasonable working hours.
Living with an Owner
If you live with the owner of the property you will either be a licensee (if the owner of the property has unrestricted access to your room) or an excluded tenant (if you can lock your individual room(s). The length of the agreement can vary depending on what both parties want. It is sometimes possible to come to an arrangement whereby each party can give notice to quit. You will have a bedroom and share the rest of the property with the owner and possibly other students.
Joint Liability
If you have signed the same contract as your housemates and you all agree to take the property at the same time; you will be joint and severally liable with each of your housemates for any rent arrears and/or damage to the property. So, if one tenant moves out, the landlord/agent can pursue the remaining tenants (as well as the tenant who has left) for any money due. the majority of students sign Joint tenancy's which is why it is so important to make sure that you are moving in with the right people.
Individual Liability
If you have a separate agreement between you and the landlord/agent, and another tenant leaves, the landlord/agent can not ask that you cover their rent. You would be liable for any damage to your room. The landlord/agent can make a charge for any damage to communal areas but they have to first try and find out who was responsible.
Terms and Conditions
It is essential that you read through and fully understand all the terms and conditions stated on the contract. This includes any handbook or additional contract sheets you may be given. If there is a dispute then the contract is the first point of reference and would be used as the main source of evidence in any court case.
Do not sign a contract if you are not happy with the terms or there are any aspects of the agreement you do not understand.
The contract should include the full contact details of the landlord/agent e.g. name and address. If you are renting via an agency make sure that you also have the landlords' full contact details. You are legally entitled to this information. If you have just a name and telephone number it could be very difficult to pursue the landlord/agent should a dispute arise.
The contract should also make clear what rent payments are due and when. In addition to this it should be clear who is responsible for the bills e.g. water rates.
Before you sign a contract, check that the advertised rent is what is stated on the contract. Errors do occur and if you sign the contract it may be difficult to argue later, especially if you do not have the original advert.
Once a contract has been signed the terms and conditions can not be altered unless both parties agree. Never sign a contract on behalf of your housemates. Even if their name is on the contract. If they do not sign the agreement and decide not to move in, you could be held liable for the rent of the whole house.
Unfair Contract Terms
The Unfair Terms in Consumer Contracts Regulations (1999) applies to housing contracts. As such any clauses deemed unfair could be unenforceable. This only refers to the standard terms of a contract (not clauses that have been separately negotiated). Examples of Unfair Terms could be penalty charges, exclusion by the landlord/agent of accepting responsibility for loss or damage to personal property and ambiguous legal clauses. If you have any queries you can contact the Student Advisor, your local Citizens Advice Bureau or contact your local Trading Standards office.
Guarantor Forms
If you have a joint tenancy, asking your parents to sign a general guarantor form means that they have the same liabilities as you do. So, even if you have paid your rent but others in the property have not, the landlord/agent could pursue your parents for their outstanding rent. The safest option is to go with a landlord/agent who does not ask for guarantor forms. Alternatively, if you really want the property you should insist on your parents signing a guarantor form which limits their liability to just your individual rent and does not make them jointly liable for the property.
Many landlord/agents are happy to come to such an arrangement.
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