Homepage » For Students » Rental accommodation: Legal stuff
 If you're currently in University accommodation but preparing to move out into a student house we strongly recommend that you read and digest the following information. It may seem boring but it could save you considerable hassle and money in the long term!
If you move into a student house or flat in the town you will probably be asked to sign a tenancy agreement by your landlord or agent.
This is a legally binding contract setting out your rights and responsibilities. Both you and the landlord have certain rights protected in law that cannot be overwritten by the contract. In summary these legal obligations apply regardless of most tenancy agreements. For example:
- The landlord must carry out basic repairs and is responsible for the fabric and structure of the property.
- The landlord must maintain the supply of water, gas, electricity, sanitation, and heating in good working order.
- The tenant should take reasonable 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 shorthold tenancy the landlord must provide basic written terms of the agreement within 28 days of the tenant requesting this in writing.
- The landlord should give 24hrs written notice to enter the property. (For example to undertake repairs)
- The tenant has a right to live peaceably in the accommodation without nuisance from the landlord.
Fixed Term Leases
Typically a student rental contract is likely to be an ‘Assured Shorthold Tenancy Agreement’ and will normally last for at least six months. However, many tenancies run for a fixed term, e.g. July 1st 2008 to June 30th 2009. 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.
Is your contract fair?
The terms of a tenancy agreement must be in plain, intelligible language and not be unfair. For example, the tenant should not be subject to unreasonable rent increases or be held to unreasonable penalty charges. A charge of £50 for being a couple of days late with rent would be construed as being unreasonable.
Joint Liability
Tenancies will be either ‘joint’ or ‘individual. If you sign a joint tenancy, which is likely, 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 a housemate doesn’t pay their rent, the landlord could demand it from you and other tenants. Individual tenants still have joint responsibility for damage to communal areas.
 Legally Binding
Remember that a tenancy agreement is a legally binding contract and you cannot just walk away from it without repercussions. If you have fallout with your housemates and decide to move out you will still be responsible for your share of the rent. Having said that it is perfectly possible that your landlord will be agreeable to terminating your contract if someone else is ready to take your place. But you must ask.
Penalty Clauses
If you do not respect the terms of the agreement expect to lose some or all your deposit. If there is a clause prohibiting sticking posters on the wall – don’t do it! If you do and the wallpaper is damaged the landlord may need to pay for repairs. And he will rightly expect you to foot the bill!
If you have any doubt about the contract that you are presented with get it checked out. If you are dealing with a reputable letting agent (particularly if the University has endorsed them) you probably haven’t got much to worry about beyond the obvious (e.g. Don’t sign a 10 year lease!!) The accommodation office should be able to offer advice.
Check List
Before signing a tenancy agreement we recommend that you have satisfactory answers to all the following questions:
- How much is the rent and when is it due?
- The date the tenancy begins and its duration.
- Who is responsible for water rates and fuel bills?
- Are there any other additional charges and if so how much?
- Who, Landlord or agent looks after maintenance and repairs?
- Do you have address and telephone details of said Landlord or Agent?
- Do you (and your housemates) have sole occupancy or does anyone else have use of any part of the property?
- Does landlord provide any additional services such as cleaning or laundry?
Health and Safety
The landlord is responsible for the compliance of health and safety in relation to the dwelling and specifically that:
- the dwelling is adequately heated (which ideally means controllable central heating and insulation)
- the fabric of the building in good repair
- electricity and gas supplies, and the sanitation (drains, basins, sinks, baths and WCs) are in working order
- there are no fall or trip hazards
- water heating equipment is in working order
- the property is free from damp
The property should also have a valid corgi safety certificate if it has a gas connection and furnishings should comply with trading standards regulations.
It is also important to ask your Landlord /agent for a copy of the Corgi Certificate relating to the property. The law requires all landlords to ensure all gas appliances in a property are safe and checked annually by a person registered with CORGI.
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