Our top ten tips before you sign on the dotted line

1. Do not pay any money before you sign the agreement – Reservation deposits can be accepted providing they are small and refundable. Always ask for a receipt! This should clearly state what this money is for and the grounds of a refund.

2. Negotiate – You may be asked to sign a tenancy for 12 months but you may only be on campus for the academic year which is normally 9 months, is there scope for a cheaper deal?

3. Explore the legal aspects of renting – What are your landlord’s responsibilities, and what are yours? The following website will help https://england.shelter.org.uk/housing_advice/private_renting/upfront_costs_of_private_renting

4. If you don’t understand it, don’t sign it – Take your time and read through your contract.

5. Get a second opinion about what you are signing – The Advice Centre is here to help and we will be happy to read through your contract and highlight any areas that may concern us.

6. Don’t be rushed by anyone – It is reasonable for the landlord to allow you at least 24 hours to read through and check your contract before putting pen to paper and signing it.

7. Do you research! Google the landlord to find any feedback that may help you make a decision.

8. Can you actually afford the rent? After paying for utility bills, food, living costs, course materials are you still in a financially viable position?

9. Have a look around the property – Compare it to others you have visited, can you see yourself living there?

Don’t get stuck with additional rent – If you are signing a joint tenancy

Understanding your housing contract

• Individual Tenancies - This normally refers to an instance where the house you are living in is let by a room by room basis. The tenants have exclusive possession of a specific room but other facilities are shared including common areas, lounge, washing, cooking etc.
• Joint tenancies – Where all the tenants share the house and all its facilities and they do not have exclusive possession of any one part. The rooms are allocated between the tenants on an agreed basis.

Before you sign a tenancy agreement

You usually have to pay:

• Rent in Advance
• A tenancy deposit

Most fees for private tenants are banned. You can’t be asked to pay for things like credit checks or references when agreeing a new tenancy. The following website offers further insight into fees that are banned or applicable to you.

https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants

Tenancy Deposits

Many landlords ask for a tenancy deposit before you move in. You should get this back when the tenancy ends as long as you don’t owe rent and leave the property in the same condition as when you moved in.

From 1st June 2019, the maximum tenancy deposit is equal to 5 weeks’ rent.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/paying_a_tenancy_deposit

Deposit Protection Schemes

How do they work? If you have an assured shorthold tenancy, your landlord or agent must protect your deposit. There are 3 deposit protection schemes from which your landlord or agent can chose. Theses are:

• Deposit Protection Scheme (DPS) https://www.depositprotection.com/
• Tenancy Deposit Scheme (TDS) https://www.thedisputeservice.co.uk/
• mydeposits https://www.mydeposits.co.uk/

Your landlord or agent keeps your deposit for the duration of your contract. You can tell your deposit protection scheme at the end of your tenancy if you feel that unfair deductions have been made. The Scheme will then:

• Tell the landlord to pay the disputed amount into the scheme, or Provide a free resolution service to decide how much you get back.
• Tell the landlord to pay the disputed amount into the scheme, or Provide a free resolution service to decide how much you get back.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected

Your landlord needs to ensure the health and safety of your property. This includes,

• Gas safety checks annually
• Smoke alarms on every floor and carbon monoxide detectors in any room with a coal fire or wood burning stove
• Making sure the wiring and the electrics and in safe working order.

Repairs

Your landlord is responsible for

If your landlord needs access to the property to inspect its condition they should:

• Arrange a suitable time giving at least 24 hours notice in writing.
• Allow access to tradespeople or engineers if the landlord has arranged repairs with prior notice.
• Remember, if your landlord wants access to your home for other reasons, you don’t have to let them in unless you want to! Unreasonably frequent inspections or unannounced visits could amount to harassment.
• Your landlord should deal with any issues relating to damp and mould that are caused or make the property not a fit place to live.
• Pests! Your landlord must carry out any repairs necessary to stop pests getting in to your home.
• Your expected to do small jobs like changing the light bulb and testing your smoke alarm.
• You should report any repairs needed to your landlord.
• Make sure your home is well ventilated to avoid condensation.
• Dispose of your rubbish please!

Health and safety 

Your landlord must:

• arrange gas safety checks every 12 months by a Gas Safe registered engineer
• make sure wiring and electrical appliances are safe
• provide smoke alarms on each floor and carbon monoxide detectors in any room with a coal fire or wood burning stove 

Enjoying your home

Landlords must let you live in your home without unnecessary interference.

Your landlord should not let themselves into your home without your permission.

Your landlord should not harass you or make it difficult for you to live in your home.

https://england.shelter.org.uk/housing_advice/private_renting/landlord_responsibilities

But..

Take responsibility for behaviour! You can be held responsible for the behaviour of anyone who lives with you or visits you in your home.

Your landlord might take steps to evict you if they receive complaints of noise nuisance or antisocial behaviour from neighbours or other tenants in the property.

Repairs and conditions in your home

The home you rent should be safe to live in and in good repair.

Your landlord must:

• carry out repairs within a reasonable time when you report them
• arrange gas safety checks by a registered engineer every year
• install working smoke alarms/a> on each floor of your home

https://england.shelter.org.uk/housing_advice/private_renting/private_rented_housing_for_students

Landlord's repair responsibilities

Your landlord is responsible for most repairs in your home. This applies to private landlords, councils and housing associations.

Their responsibilities include repairs to:

• electrical wiring
• gas pipes and boilers
• heating and hot water
• chimneys and ventilation
• sinks, baths, toilets, pipes and drains
• common areas including entrance halls and stairways
• the structure and exterior of the building, including walls, stairs and bannisters, roof, external doors and windows

Your landlord should also redecorate if needed once the problem is fixed.

Damp and mould

Your landlord must deal with a href="https://england.shelter.org.uk/housing_advice/repairs/damp_and_mould_in_rented_homes">damp and mould problems that are caused by disrepair or make the property unfit to live in. <

Rats, mice and other pests

Your landlord must carry out any a href="https://england.shelter.org.uk/housing_advice/repairs/pests_and_vermin_infestations_in_rented_homes">repairs needed to stop pests getting in to your home.

Gas safety

Your landlord must arrange gas safety checks every year.

Electrical installations and appliances

Your landlord must make sure that wiring, plug sockets and any electrical appliances they provide are safe.

Fire safety

Your landlord must install a href="https://england.shelter.org.uk/housing_advice/repairs/fire_safety_in_rented_homes">smoke alarms and carbon monoxide alarms/a> where needed.

https://england.shelter.org.uk/housing_advice/repairs/landlord_and_tenant_responsibilities_for_repairs

Your Responsibilities..

Find out your main responsibilities when you rent your home from a private landlord.

Pay your rent on time

Rent is usually paid in advance every month or week. You should pay it on time.

If you fall behind with the rent, your landlord can take steps to evict you and claim any money you owe them.

Look after your home

Your landlord is responsible for repairs and maintenance of the exterior and the structure of the property, as well as the plumbing, wiring and heating.

As a tenant you must:

• report any repairs needed to your landlord
• make sure your home is well ventilated to help avoid condensation
• do minor maintenance such as checking smoke alarms and changing light bulbs
• dispose of your rubbish properly

You must not damage internal decorations, furniture and equipment. You'll have to pay for anything you've broken or damaged.

Tenant's responsibilities

You have certain responsibilities regarding repairs and conditions in your home. 

Looking after your home

You must use your home in a ‘tenant like manner’.

This means:

• keeping your home reasonably clean
• safety checks on electrical appliances you own
• keeping gardens or outside areas in a reasonable state
• minor maintenance such as changing light bulbs or smoke alarm batteries

You only need to maintain your home to a reasonable level. You don't have to leave it in a better condition than when you moved in.

Allow access for repairs and inspections

You should give your landlord access to your home to see if repairs are needed.  

Your landlord must:

• give you at least 24 hours' written notice
• inspect at a reasonable time of day

You should also allow access to tradespeople or engineers if the landlord has arranged repairs or a href="https://england.shelter.org.uk/housing_advice/repairs/gas_safety_in_rented_homes">gas safety checks/a>. 

If your landlord wants access to your home for other reasons, you don't have to let them in unless you want to.

You have the right to live in your home without interference from your landlord. 

Unreasonably frequent inspections or unannounced visits could amount to a href="https://england.shelter.org.uk/housing_advice/eviction/harassment_by_a_private_landlord">harassment/a>.

Take responsibility for behaviour

You can be held responsible for the behaviour of anyone who lives with you or visits you in your home.

Your landlord might a href="https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction">take steps to evict you/a> if they receive complaints of noise nuisance or antisocial behaviour from neighbours or other tenants in the property.

Follow rules on smoking

Unless the tenancy agreement says that your property is non-smoking, you are allowed to smoke and allow visitors to smoke in your home.

Smoking is not usually allowed in any parts of the building that are shared with other tenants.

https://england.shelter.org.uk/housing_advice/private_renting/tenants_responsibilities

Damage due to crime

It's usually the landlord's responsibility to repair damage caused by a crime.

Examples include:

• windows broken by a burglar
• vandalism in a shared area such as a garden or hallway

If your home has been damaged by crime, contact the police and ask for a crime report number.

Tell your landlord if there has been any criminal damage to your home. and give your landlord a reasonable time to fix the problem.

https://england.shelter.org.uk/housing_advice/repairs/damage_to_your_rented_home

When you can end a fixed term early

You can end a fixed term early if you either:

• Break clause in your contract or,
• Negotiate a surrender with your landlord.

If not, please remember you are still liable for rent!

To find out more about a break clause ..

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_fixed_term_tenancy_early/use_a_break_clause

Negotiating with your landlord

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_fixed_term_tenancy_early/negotiate_with_your_landlord

Thinking of leaving whilst still owing money?

Your landlord could take you to court if you leave owing rent. They could apply to the court for a money judgment called a county court judgment (CCJ).

The court can order you to pay the money back. You may also have to pay court costs.

A CCJ affects your credit rating.

Has one of your housemates left early?

If you sign a joint tenancy, you’re all responsible for paying rent. The landlord has a responsibility to pursue one or all the joint tenants for the whole rent payment.

If the rent isn't paid, your landlord could get a court order to evict everyone left in the property.

If the rent isn't paid, your landlord could get a court order to evict everyone left in the property.

It's best to talk about the situation if anyone wants to leave. You can try to negotiate a new agreement with the landlord if you want to stay. Your landlord will have to agree if you want a new tenant to take the place of someone who has left.

Checking the inventory once you move out

Its recommended that you are present when your landlord or agent does a check out inventory. This way all disagreements can be recorded if necessary. Ensure you sign and date the check out inventory if your happy it is fine.

The end of your tenancy and disputes!

If you broke or damaged anything in the property while you were living there, your landlord can make deductions from your deposit.

Your landlord shouldn’t make deductions for normal wear and tear, such as worn carpets or faded curtains.

You can dispute unfair deductions from your tenancy deposit. A tenancy deposit protection scheme or court will expect your landlord to provide evidence to support any deductions made.