Legal issues

Inventories

An inventory is simply a list of all the furniture and furnishings within the property and should describe the condition of everything in the property including the wall and floor coverings.

It is very important that an inventory is compiled, either by yourself or the landlord, as this will often be the only evidence of the condition of the property before you move in.

If you want your deposit returned in full it is worth taking the time to complete an inventory!

When compiling an inventory it is essential that you:

• State the condition of every item within the property.
  If the inventory does not describe the condition of a particular article it will be useful for you to do so, we suggest using terminology such as: new, fair, poor, scratched, torn, stained, etc.
• Back it up with photographic evidence, this can be crucial if a dispute occurs .
  Note the gas and electric meter readings when you move in and move out of the property
• Get the landlord to agree to, and sign, the inventory.
• Get an independent witness to sign the inventory if the landlord refuses to do so.

A specimen copy of an inventory is available from Student Housing or it can be sent to you on request by contacting us.

Contracts

A contract is a very specialised area of the law and you should be aware of what you are committing yourself to before signing. We can give you some advice on these pages but we are not professionals and would advise you to seek further advice on anything you are uncertain about.

Do I need a contract?

Your landlord is not required to provide a written tenancy agreement but you should ask for one. A written contract is preferred because it states the terms and conditions of the tenancy. This is crucial in case of a dispute.

If the landlord or a member of their family (inc. son or daughter) lives in the same property and shares any facilities with you then you cannot be a tenant, you are classed as a lodger, and you should not sign a tenancy agreement.

Types of tenancy

As a student you will probably encounter two types of tenancy - an assured or a shorthold agreement. These will generally run for a fixed term as stated on your agreement. The main difference between the two types is the way in which the landlord can gain possession of the property.

When signing a contract, don't forget to check:

• Duration - How long does the tenancy run?
• Repairs - Who is responsible for the repairs?
• Payment - How is the rent paid? Direct Debit/Monthly cheques?
• Rent - Is it paid weekly or monthly?
• Restrictions - Are you allowed pets/posters/guests?
• Liability - Is it a JOINT or INDIVIDUAL contract?
• Deposit - What sort of deposit is it? When will it be returned to you?
• Bills - Who is responsible for the payment of the bills?

IF YOU DON'T UNDERSTAND IT, DON'T SIGN IT!  If you are unsure of something, ask the Landlord to explain it or contact Student Housing for advice.

What is a joint tenancy?

You may be asked to sign a joint tenancy agreement. This is perfectly legal but you should be aware of the implications before signing this type of contract.

A joint tenancy will give a group of tenants equal rights but it also means that they have to share the responsibilities. This usually means covering someone's rent if they leave before the end of the tenancy. Taken to extremes, it could mean that a single student could be left paying rent for a whole house!

Can I leave before the end of my tenancy?

If you have a fixed term tenancy (a contract that has dates specified on it) you can only move out before the end date with the landlord's permission. If they do not agree and there is no 'break clause' in the contract, then you will be liable for the rent for the whole period. In other words, you may leave early but you could still have to pay rent until the end date.

At the end of the tenancy

When a tenancy comes to an end the landlord can gain possession of the property if he/she has followed the proper procedures. The majority of students will sign for one academic year and will not require an extension of their contracts.

If you and your landlord agree to an extension of the tenancy it will probably be extended month by month and continue with the same terms and conditions as the original unless otherwise stated.

What if repairs are needed?

Whatever contract you sign the landlord has an obligation to "keep in repair and proper working order installations for the supply of water, gas, electricity and for sanitation" (section:11, Landlord and Tenant Act 1985).

This means that if an item within the property is damaged or defective you need to notify the landlord as soon as possible and it is his responsibility to repair it.

Should your landlord fail to maintain or repair the property or refuse to do so, make a complaint to the Environmental Health Department who have the power to require the landlord to carry out the necessary repairs.

Does my landlord have access to the rented property?

You must give your landlord reasonable access to the property to carry out all necessary repairs. You do, however, have the right to refuse the landlord entry to the property if he/she does not give reasonable notice, for example 24 hours written notice.

It is advisable to ask for notice to be in writing, this can be crucial if a dispute occurs, and the access to the property should be at a mutually convient time. If it is at an unacceptable time you are entitled to refuse entry, but must arrange a time that is mutually beneficial.

Guarantors

Some landlords or agencies may ask students to nominate a Guarantor, usually a parent or guardian. Being a Guarantor means agreeing to the following:

In the event of a tenant being unable to meet the terms of their tenancy agreement, whether it is through rent arrears or damage to the property, the specified person will accept full responsibility on behalf of the tenant, thus taking on the financial responsibilities and is legally bound to accept all liabilities.

Be aware that if you have a joint contract, the Guarantor can be held individually and severally liable. So in its reality they could actually guarantee all monies for all the tenants in the property. This is not always apparent when signing up!

It may be possible to avoid having to nominate a Guarantor by paying the rent for the tenancy in advance.

Deposits

Once you have found your desired house or flat you will usually be expected to sign a contract and pay a deposit to the landlord or accommodation agency.

It is worth noting that there are two types of deposit that a tenant may be asked for:

Holding deposit

This is a sum of money paid to the landlord or accommodation agency to guarantee that the prospective tenant wishes to take up the tenancy. You should not pay a holding deposit unless you are certain that you will sign the contract.

If you agree to pay a holding deposit and then decide not to sign the contract, the landlord or the agent is entitled to keep the holding deposit.

We do not advise any student to pay a holding deposit, we would rather you pay a damage deposit.

Damage deposit

This form of deposit is usually paid to the landlord at the same time as you sign your tenancy agreement. It is used to safeguard against any damage caused to the property during the tenancy, beyond normal wear and tear, and, if specified, against any unpaid rent or bills.

Tenancy Deposit Protection

On April 6th 2007 a new tenancy deposit law was introduced, giving protection to tenants by preventing landlords and agencies from unfairly withholding deposits.  All deposits taken after this date for Assured Shorthold Tenancies (AST) must be protected by a tenancy deposit protection scheme.

Tenancy Deposit Protection is designed to ensure:

• You get all or part of your deposit back, when you are entitled to it
• Any disputes between you and your landlord or agent will be easier to resolve
• Landlords and letting agents who do not protect tenancy deposits may have to pay their tenant back three times the deposit

How does it work?

At the beginning of a new tenancy agreement, you pay your damage deposit to your landlord.  Within 30 days, (used to be 14) of taking your deposit your landlord or agent is required to give you details about how your deposit is protected, including:

• the contact details of the tenancy deposit scheme
• the contact details of the landlord or agent
• how to apply for the release of the deposit
• information explaining the purpose of the deposit
• what to do it there is a dispute about the deposit

If you don't get this information, ask your landlord or agent how your deposit is protected.

What if your landlord isn't protecting your deposit?

You can apply to your local county court.  The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme.  If your landlord or agent has not protected your deposit, they may be ordered to repay three times the amount of deposit to you.

For more information visit Direct.gov 

At the end of the tenancy

If at the end of your tenancy you have not caused any damage or left any bills unpaid the landlord is legally obliged to return your deposit in full. If there are no further complications this should be returned to you within 28 days of the end of the tenancy.

If there are any outstanding bills or damage to the property, ask for a breakdown of the costs incurred by the landlord. The landlord must provide receipts and make the relevant deduction from your deposit.

IF YOU PAY THE LANDLORD ANY MONEY, ALWAYS GET A RECEIPT!