► Housing Contracts
Renting a property can seem like a daunting task, particularly if this is the first time you have gone through the experience. However, the following information has been compiled to help answer any questions you may have - please read it carefully.
If you have any further questions or queries not covered or answered here, then please feel free to contact the Head of Student Services : T: 029 2039 1321 E: studentservices@rwcmd.ac.uk
Contracts
Once you have found a place to live, you will probably be asked to sign a contract by your landlord. Make sure you read the contract carefully before signing it. If you do not understand it or are worried about any part of it, ask for a copy to take away with you so you can ask for advice before signing. Once you have signed, keep a copy in a safe place.
In detail
Most contracts that students sign are Assured Shorthold Tenancies (AST), also known as Shorthold Tenancies. This may be for a fixed number of weeks, months or years (Fixed Term tenancy), or can run indefinitely from one rent period to the next (Contractual Periodic Tenancy). The most common is an AST for “a term certain of 6 months” initially, which is then renewed by the agreement of all parties. With an AST, the landlord can regain possession of the property 6 months after the beginning of the tenancy, provided that he gives you 1 month notice of this.
Also, please ensure that you know exactly how long the 'term certain' of the contract is for, as this is the length of time you will legally be liable for the rent due. Legally, this needs to be for a minimum of 6 months, and we would recommend that you stick to this length of time. This does not mean you have to leave the property after 6 months, simply that you guarantee you will be there for at least 6 months. You can then continue the agreement on a month by month arrangement with the landlord.
The landlord is not required by law to provide a written agreement but you should ask for one. If you have an oral agreement with the landlord, you are bound automatically by the legislation applying to shorthold tenancies if the tenancy began on or after 28 February 1997. In this situation you have a legal right to ask for written statement of any of the following main terms of the tenancy:
- the date the tenancy began
- the amount of rent payable and the dates on which it should be paid
- any rent review arrangements
- the length of any fixed term that has been agreed
You must apply in writing for this statement and the landlord is required to provide it within 28 days of receiving your request. If he fails to do so, without a reasonable excuse, he will be liable to a fine.
On a longer contract you can only give notice to leave before the end of the tenancy if this is explicitly stated on the contract. If you leave before you are legally allowed to do so, you can be sued for the outstanding rent. With an AST your landlord cannot evict you during the period of the agreement unless you have seriously breached the agreement and he must get a possession order from a County Court to do so.
If you are renting a self-contained property and your landlord does not serve you with a notice or an AST, or you only have a verbal agreement, then you will be assured shorthold tenants. You only then have security of tenure and can only be evicted on specific grounds.
If you are renting a house with a group of friends, then you will most likely be joint tenants. This means that all the tenants are jointly responsible for paying the rent. If one tenant falls into arrears, the other tenants can be pursued for the money and would probably lose their deposits.
When signing a joint agreement, you should be sure that you all want to stay in the house for the whole period of the tenancy. If you wish to leave before the contract expires, you must find a replacement and check with your
landlord that this is acceptable.
If you lodge in someone's house, you will have far fewer rights. Write a simple contract stating how much the rent is, when and how it is payable, how much notice should be given by either side and how much deposit is held. However, you have no legal security of tenure and the landlord can give you notice to leave at any time. They do not have to give a reason and can do so no matter what was verbally agreed when you moved in.
Make sure that you know your landlord's name and address. Finally, do not pay your deposit until everything is finalised and you and your landlord have signed the agreement.
