| Letting Contracts
for Student Houses - What to look out for |
Before you Sign
Top tip number 1 has got to be make use of your accommodation
office. Invariably they will offer a free tenancy agreement
checking service. They will therefore be able to pick up
any clauses which are illegal or worth negotiating with
your landlord or letting agent. (It is also worth asking
them if they know of any previous problems with the landlord)
Do not be rushed in to signing a contract before you have
had a chance to get the contract reviewed. Any landlord
who will not give you the time to review it (subject to
you having said yes to the house as long as the contract
proves to be acceptable) should be reported to your accommodation
office. You would probably be better off without a landlord
like that anyway.
If you need to negotiate some redecoration or fitting of
window locks or similar with your landlord, the best time
to do it is before signing - make sure you get any commitments
in writing.
Methods of Payment
Typically agencies and landlords will demand that you either
pay by direct debit or that you write post dated cheques
when you sign the contract. It is always good practice
to make sure that you get a detailed receipt for everything
that you pay to a landlord or agency (including deposits).
Making sure you have a new cheque book can also be helpful!
Deposit
You will normally be asked for a deposit equivalent to
one months rent, landlords are not allowed to take more
than two months deposit. See also our section on making
sure you get your deposit back. It should also be noted
that if you go through a letting agent (such as those that
you can automatically contact through us, you are likely
to be charged an admin fee in addition to the deposit.
Types of Contracts
The majority of contracts will be a "Shorthold Assured" or
an "Assured" tenancy agreement. A shorthold agreement
ties you to taking the property for 6 months but also ensures
that the property will be available to you for a minimum
of six months. An assured agreement is similar but instead
of six months the period is as specified in the agreement.
Having the tenancy assured for the whole period that you
intend to rent the house for would be a good idea (although
it does commit you to taking the house for that length
of time).
We would strongly recommend that you look to get one or
other of these types of agreement, and, fortunately, you
probably will anyway (particularly if you go through letting
agents). However it may be more difficult to get one if
you have a live-in landlord. Licences are frequently used
in this situation instead of letting agreements. Particular
care should be taken if this applies to you as you will
not get automatic protection under the housing act (which
you will if your group is letting the whole house).
Your Rights
Flats without live-in landlords come with a good level
of protection under the housing act. If your contract tries
to restrict any of the following rights then the relevant
clauses will not stand up in a court of law but we would
still recommend getting the offending clauses removed before
you sign.
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Privacy - Landlords must give you a minimum of
24 hours written notice before carrying out an inspection.
In other circumstances they can turn up on your doorstep
unannounced but they can not enter the property without
first getting your permission except in emergencies.
They can not appear at anti-social hours either (however
your view of anti-social and the landlords may differ!) |
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You should not be held responsible for the up keep
of the exterior of the building (except the garden
and any sheds), baths and sinks etc and the heating
and hot water system. All else will be down to what
you agree. Under normal circumstances expect to be
held responsible for damage to the interior decoration
and the landlords contents. The landlord will be
responsible for insuring the safety of any appliances
(e.g. cooker, kettle etc) that he supplies. Do not
change any plugs on the landlords property - ask
him/her to do it. |
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You can not be kicked out of the property unless
the proper legal proceedings have taken place. Whilst
it is good news to comply with the landlords request
to leave where you know it to be fair, you can not
actually be removed without a court notice. If you
are served any notice to leave (By court or landlord),
and you do not wish to do so, get in touch with your
accommodation office immediately. |
The
landlord will only be able to get a court notice to remove
you if
any of the following apply:
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The landlord has served written notice in a legally
acceptable format (in most cases this means at least
one months notice and following the expiry of the
assured period) |
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You are two or more months behind on your rent. |
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If you have breached your contract (i.e. trashed
the place etc) |
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If the house is to be demolished or rebuilt (or
sale of the property is forced by a mortgage lender). |
You can not be kicked out just because the landlord sells
the property. The terms and obligations of your agreement
will be transferred to the new owner.
There is a good explanation of the eviction procedure and
rights for Scottish students at the Scottish-Letting-Agency
site.
Safety - see below
Deposits -
The landlord
can not dock
money from
your deposit
for anything
that may be
defined as
fair wear
and tear.
Defining this exactly is obviously not easy, but if you
feel that your deposit has been docked unfairly then discuss
it with your accommodation office and if appropriate you
can then proceed to the small claims court. Your landlord
must detail the reasons for failing to return some or all
of your deposit.
Feel you are being overcharged for the property
compared to similar properties in your area? As long as
you are
within the first six months of the agreement it is usually
possible to apply for a rent assessment but seek help from
your accommodation office before taking any action.
Clauses to be Wary Of
In many cases getting a contract that fits your requirements
completely may not be practical. In these cases it is important
to understand what the implications of the clauses are
so you can manage the risks. The following only covers
the most common clauses that may impact on you but there
will always be landlords (and even agencies) that will
try to get away with a dodgy clause, so be vigilant.
Joint
responsibility for rent - frequently
your group will be asked to take
on the responsibility for the
complete
rent (and liabilities) of the house. This means that if
one of your flat mates quits half way through the year,
the rest of your group will either have to pay his or her
rent between you or be responsible for finding a replacement.
Normally it will be difficult to negotiate your way out
of this so you will probably have to accept it. However
we strongly recommend that you should avoid taking on this
liability if you do not know some of your flat mates and,
in particular, if they were introduced to you by the landlord
or agency. In this case ensure that you negotiate separate
agreements with the landlord/agency.
Rent Increases - Look for details of rent reviews,
you should seek to ensure it is fixed for the period you
intend
to remain in the property.
Restriction on visitors and music late at night - such clauses are usually in line with environmental health
regulations
so you probably will not be able to do much about it. The
good news however is that normally most landlords will
not enforce it. Instead it will be used as an excuse to
get you out if your relationship with your landlord really
breaks down. Make sure you ask the previous tenants about
the landlords attitude to such things.
Restriction
on Visitors full stop - clauses preventing you from having
visitors during the day time should
be
removed from your contract.
Restrictions on Homosexual activity within the
house etc - such politically incorrect clauses are illegal.
You should
ask your landlord to remove them and contact your accommodation
office if your request is refused.
Blue
Tack and Nails in walls - Unfortunately
there is nothing you can do about
this. However most landlords
will accept
the odd new nail here and there and if the walls are left
clean at the end of the tenancy, then you would be unlucky
if they complain. Mark, in the office has admitted to having
used toothpaste to disguise nail holes as well as using
tipex to paint the ceiling in a kitchen after having a
banana fight! We would, naturally, not recommend that though!
We are compiling a list of dodgy clauses so if you come
across any that particularly upset you, or amuse you, please
drop us a line.
Safety
It is your landlords duty to ensure a minimum standard
of safety. In a shared house you should have the following:
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Smoke detectors; |
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Fire Extinguisher and a Fire Blanket in the Kitchen; |
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Proper Fire Doors that ensure an internal escape
route on each landing; |
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Fire Retardant Furniture; Fire Retardant Furniture; |
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Bathroom light switches should be chords or outside
the bathroom; |
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All gas appliances should be properly serviced
on an annual basis. You should ask to see the certificate(s)
before
you move in; |
If you feel that the safety precautions are inadequate
we would advise that you first discuss the issues with
the landlord and failing that you should approach your
accommodation office.
If you have gas
Gas and Carbon Monoxide poisoning have led to the deaths
of a large number of students. Carbon Monoxide is particularly
dangerous as it is colourless and odourless, making it
very difficult to detect. You should regularly monitor
your gas boiler for the following:
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Yellow or Orange flames (it should be blue); |
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Yellow staining or soot on the appliance itself; |
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Blocked Ventilation. |
Make sure you always see the certificate when you move
in and check the expiry date so you know when you should
see the new one (they are only valid for 12 months). The
early warning symptoms of poisoning include the following:
flu-symptoms, aching limbs, nausea, and headaches. It has
to be said that we are yet to work out the difference between
this and the symptoms of a hangover. Unfortunately the
consequences of Carbon Monoxide (death) are far more serious.
As a reminder, if you smell gas:
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Do NOT turn electric switches on or off; |
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Do NOT smoke; |
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Do NOT light any naked flames; |
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Do turn off the gas at the meter; |
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Do open doors and windows; |
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Do call the emergency gas number on 0800 111 999. |
This article is courtesy of pastures-new,
a leading source of student accommodation throughout the
UK |
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