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► What type of tenant are you?
Different kinds of tenancy confer different rights and as the law is complicated, this is only a brief summary. Contact one of the agencies listed on our useful contacts page for further information and advice.
If you are unsure or concerned about a tenancy agreement, get it checked by an adviser in the Student Advice Centre BEFORE you sign it.Once you have signed, it may be too late to change your mind and you may be bound by the terms and conditions set out in the agreement.
Ensure that you have any agreements you make with your landlord in writing. If your landlord will not do this, write to him, detailing the agreement/arrangement that was made between you. Send this by recorded delivery and keep a copy.
Tenancy agreements
Tenants with live-in landlords
If you share facilities (eg. a bathroom, kitchen etc.) with your landlord, your rights are very restricted (i.e. you may only be given one week's notice to leave, and this doesn't have to be in writing). Usually you'll be renting a room in the landlord's home and be referred to as a "lodger".
It is common to pay one week's rent in advance and one week's rent as a deposit when you move in.If you pay the rent weekly you're entitled to a rent book.
Your landlord does not have to give you a written agreement, but if he does, and you sign the terms and conditions, you will be bound by them.
The advantage of this arrangement is normally, it's more flexible than an assured shorthold tenancy agreement for both sides. But as the landlord doesn't need a reason to ask you to leave and doesn't need to go to court to evict you, it is less secure.
Assured shorthold tenants
You are probably an Assured Shorthold Tenant if your landlord doesn't live in the same house as you, ( but seek advice if the landlord lives in the same building and you don't have your own seperate entrance).
Legally, the Assured Shorthold Tenancy does not have to be in writing but many landlords will provide you with a written contract. If your landlord does not, you are strongly advised to write to him asking for a written 'Statement of Terms' - you should ask that the 'Statement of Terms' covers: the date the tenancy began, the amount of rent due and when it should be paid, any rent review clause, details of any 'fixed term'. The landlord must then reply within 28 days. Noncompliance is a criminal offence - seek advice.
The tenancy is usually for an initial period known as the 'fixed term'. For the duration of the fixed term, you are obliged to pay rent and the landlord is obliged to allow you to remain in the property (unless you breach the contract and your landlord obtains a court order to get you to leave). If you leave before the fixed term ends, you could be liable for rent for the remainder of the term.
You have the right to know your landlord's name and address. You are advised to get this in case you need to contact the landlord (eg. if repairs are needed).
A tenancy agreement may give you responsibility for maintenance of certain aspects of the property eg. gardening, window cleaning etc. You are obliged to comply and if you don't could lose some of your deposit money..
Most tenancy agreements contain a "forfeiture" clause which says something like:
"Provided that the rent shall be in arrears or if there shall be any breach of any of the obligations on the part of the tenant the landlord may immediately re-enter the premises…"
However, this is misleading, as it is only if you breach the agreement, or are behind with your rent, that the landlord is entitled to go to court to start possession proceedings (but cannot make you leave immediately).
Sharing
If a number of people sign the same agreement, it makes you all joint tenants. This means you are each wholly responsible for ensuring that all the obligations of the tenancy (eg. paying rent) are met.
If one person leaves, the remaining people are responsible for the whole rent. If that happens, you might want to persuade the landlord to allow you to find someone else to move in with you. There can be legal complications, so please get advice.
If you live in a bedsit or in shared accommodation where you each have your own room with your own key and own separate tenancy agreement, then you are not joint tenants, and so not liable for someone else's rent if they leave.
Ending the contract
If you want to leave at the end of the fixed term, you do not legally have to tell your landlord you are going, but it is good practice to do so.
If your landlord wants you to leave at the end of the fixed term, he must give you two months proper written notice (ie. if your tenancy is due to expire on 30th June, you must be served notice by 30th April). If you're not sure if you have been served the correct notice, please seek advice.
If you agree with your landlord to stay on after the initial fixed term has expired, your landlord may either give you a new fixed term agreement, or you may become a 'statutory periodic tenant'. This means you stay on, just as if your agreement continued. Your landlord will then have to give you two months proper written notice if he wants you to leave, and if you want to leave, you must give 4 weeks or a month's notice (depending on whether your rent is paid weekly or monthly) in writing. In both cases, the notice should tally with a rental day ie. if you pay rent on 1st of each month and want to leave on 1st July, then your notice must be given to the landlord by 1st June.
Leaving early
If you leave, you will still be liable for rent until the end of the fixed term or until the landlord is able to find another tenant. It might be possible for you to find a replacement - you would need to get the landlord's (written) consent.
If you are sharing and you are joint tenants, and one person leaves, the remaining people are responsible for the whole rent. If that happens, you might want to persuade the landlord to allow you to find someone else to move in with you. There can be legal complications, so please get advice.Technically, you have to pay the rent and then reclaim it from person who has left, until there is a replacement.
Rent
If you are an Assured Shorthold Tenant, it is usual to pay one month's rent in advance, but some landlords request more e.g 2-3 months in advance. The landlord cannot increase the rent during the initial 'fixed term' of your tenancy.
If your rent is stated to be payable weekly, your landlord is legally required to provide a rent book, which should then be kept by you and signed by the landlord each week when he receives the rent. You could ask your landlord for a rent book even if your rent is paid monthly, as it's a convenient record of payments for both parties.
You should never pay by cash without getting a receipt.
Guarantors
Landlords frequently ask younger people (not just students) for a guarantor, to pay the rent if for any reason it is not paid. Check what the Guarantor is agreeing to - they are sometimes liable for all costs - damage, court costs, as well as rent.If the tenancy is a joint one, and depending on the terms of the guarantee, your personal guarantor could be held responsible for unpaid rent by other joint tenants.
Harassment and unlawful eviction
Harassment and unlawful eviction occasionally occur, but usually only after a simple landlord and tenant dispute has escalated out of control. If you are in dispute with your landlord, get advice EARLY. It may be possible for someone to intervene and mediate on your behalf.
You are legally entitled to stay in your home unless your landlord obtains a court possession order against you and only official court bailiffs can carry out an eviction.
Harassment is hard to define but includes phone calls, visits, cutting off utilities or intimidation.
Your landlord should give you at least 24 hours written notice before entering the property, and should not let himself in under any circumstances.
Houses in Multiple Occupation (HMOs)
What’s an HMO?
Most students at university will be living in a shared house or flat that is a HMO – ie. a property with 3 or more unrelated tenants sharing facilities. This can cover a group of students renting a house on a joint contract, a group of students with individual rooms in a house or someone renting a bedsit in a house converted into bedsits or people living with their landlords as lodgers (if the landlord has 3 or more lodgers). It doesn’t cover halls of residences.
Under the Housing Act 2004 all HMOs are now subject to local authority powers and have to meet certain management standards ( e.g provide contact details for a manager, ensure fire precautions are maintained, keep communal areas in repair and clean etc). It is also compulsory for landlords of larger HMOs to apply for a licence - they should have done this before August 2006.
Am I in a licensed HMO?
An HMO should be licensed if it has:
- Three storeys (including attics and basement if living space)
AND - 5 or more occupiers
AND - these occupiers form 2 or more ‘households’
AND - they share facilities e.g. kitchen/bathroom
Presuming the property meets the above definition and is occupied by 5 students or sharers, rather then a family of 5 who are one household, it will be a licensed HMO.
What does this mean?
The council will then inspect the property and if satisfied that:
-
it is suitable for the number of occupiers (eg. it has adequate washing facilities)
-
the landlord is a fit and proper person
-
it has adequate management arrangements
they will grant a licence for 5 years. Basically, these new rules should improve the quality of HMO accommodation.
What can I do?
If your property meets the definition above and you don’t think the landlord has applied for a licence this is a criminal offence, subject to a possible fine of up to £20,000, and you should report the landlord to your local council (if you live in Brighton & Hove you should contact Brighton & Hove Council's Private Sector Housing Team on 01273 293157) .
You may be able to reclaim rent paid for the period the property hasn’t been licensed (if your landlord is convicted of the offence). Also, the landlord may be unable to legally evict you when they don’t have a valid licence.
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