This can be really tricky, especially as a first time renter. This is of course not legal advice, but there are the key things we've picked up from our experiences.
Your tenancy agreement is a legally binding contract between you and your landlord. It sets out the rules of your rental, so it is crucial you understand it before signing.
A tenancy agreement outlines your rights as a tenant, the landlord's rights and responsibilities, and the rules for living in the property.
Always make sure you keep a copy of the contract for easy access!
Before signing a contract we recommend checking with your potential landlord that they definitely have the correct safety certificates up to date - including the electrical installation condition report (EICR), and an up to date gas safety certificate.
You can also check online that they have an in date EPC by searching the property on the government website energy certificate section.
TYPES OF TENANCY AGREEMENTS
As a student you are likely to have a joint tenancy, or an individual tenancy.
Joint Tenancy - When you rent with housemates under one contract, you're jointly responsible for the rent and potential damage etc.
Individual Tenancy - (A room in a shared house) You sign a separate agreement for your room, you're only responsible for your rent and conduct.
KEY DETAILS IN THE CONTRACT TO NOTE
What is the tenancy length - The start and end dates, worth noting to make sure you are in and out at the correct times. Often as a student you have to pay for rent over summer, regardless of if you are staying in the property over the break.
How much is the deposit? - The amount held for potential damage/unpaid rent - this must be in a protected government scheme. In the UK, the amount held for a deposit is capped at the sum of five weeks rent.
How do the bills work? - Are they included in the rent you pay or excluded? If they are excluded you will need to set up payment for the bills yourself. You can reach out to your landlord to ask what companies you need to set up water, electricity, and gas bills with.
Is there a guarantor? - Usually you have to give details of a guarantor. This is someone who essentially agrees to pay rent if you don't. People often have a parent or guardian sign on as this.
What happens with repairs? - Understanding who handles repairs is crucial. You might assume the landlord would be responsible for repairs, but make sure the tenancy agreement clearly states who is responsible for specific types of maintenance. We will get on to a landlord's legal obligations further down this page.
What is the rule on visitors? - some landlords are funny on this and may not allow guests or won't allow a certain number or frequency. Therefore, make sure you know what the rule is about guests, and that you're happy with it before you sign the contract.
YOUR RIGHTS AS A TENANT
You have the right to:
Live in a safe and well maintained property.
Have your deposit protected.
Receive at least 24 hours notice before the landlord or a contractor visits.
Have repairs done in a reasonable time.
Not be harrassed or illegally evicted.
YOUR LANDLORD'S RESPONSIBILITIES
Landlords or letting agents MUST be a part of a GOVERNMENT APPROVED REDRESS SCHEME, so check if they are registered with The Property Ombudsman, or Property Redress Scheme.
When carrying out maintenance, landlords must provide a tenant with at least 24 hours' written notice before entering a property for a non-emergency. The only time they can violate this is if they have to enter for an emergency that requires immediate access.
In the UK, by law your landlord is responsible for maintaining the structure and exterior, heating and hot water, plumbing and sanitation, electrical safety, fire safety, and gas safety of the property.
TENANT RESPONSIBILITIES
As a tenant, you are expected to report issues promptly, and carry out basic upkeep. This includes keeping the property relatively clean and ventilated, taking the bins out to prevent vermon infestations, and to avoid damage to the property. You will also need to do minor maintenance, like replacing lightbulbs.
JOINT RESPONSIBILITIES (ALTHOUGH MAY VARY BY AGREEMENT)
Mould/Damp - This is generally the responsibility of the landlord if it is caused by structural issues, but the fault of the tenant if it is caused by poor ventilation.
Pest Infestations - Again depends on the cause. If pests where already there when you arrived (which they shouldn't be) it is of course not your fault, but if they come because you don't take out the bins or something else caused by you, it's your issue to deal with.
Broken Appliances - If provided by the landlord, devices that are broken with regular wear and tear must be repaired or replaced, particularly if mentioned in the contract explicitly.
Furniture Damage - If it's wear and tear, it's the landlord's responsibility. If the damage is due to misuse, it is your issue.
ALWAYS MAKE SURE YOU REPORT ISSUES IN WRITING.
Keep records of all reports. This protects you in case there is a dispute later.