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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 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.
- 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!)
- 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.
- 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:
- o 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)
o You are two or more months behind on your rent.
o If you have breached your contract (i.e. trashed the place etc)
o 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.
For more about evictions and other legal issues, please see our overviews of the Scottish legal system and the English & Welsh legal system.- Safety - see our safety standards article in the renting basics section
- 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.
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