When you’re preparing to move into a new student property, especially for the first time, reading through your tenancy agreement can be a daunting task. This legal document is designed to protect both you and your landlord, setting out the rights and responsibilities on each side. However, its legal language can sometimes make it difficult to fully understand what you’re agreeing to. Here, we’ll explain some of the most common terms and clauses you’ll find in a tenancy agreement, so you can feel confident signing your lease and settling into your new home.
Types of Tenancy Agreements
Before delving into the key terms, it’s essential to know what type of tenancy agreement you’re dealing with. In the UK, most student rentals fall under an Assured Shorthold Tenancy (AST), a contract type that gives landlords the right to repossess the property at the end of the term (usually after six or twelve months). However, you may also come across “licences” if you’re renting in a hall of residence, where you have fewer rights compared to a tenant under an AST.
Key Terms and What They Mean
1. Tenancy Term or Duration
The “tenancy term” specifies the start and end dates of your agreement. This is the time frame during which you’ll be renting the property. Most student tenancies are fixed-term, often covering an academic year (e.g., from September to July). Once the term is up, you may need to sign a new agreement if you plan to stay on, or it could convert to a “periodic tenancy,” which continues month-to-month.
2. Rent and Payment Frequency
This clause details the amount of rent you need to pay, when it’s due, and how often payments should be made (usually monthly). It will also outline acceptable payment methods. Make sure you’re clear on these amounts and deadlines to avoid late fees, which may also be stated in this section. Many agreements also specify whether the rent includes utilities or if you’ll need to budget separately for those.
3. Deposit and Deposit Protection
Your tenancy deposit is typically held as security for any damages or unpaid rent. In the UK, landlords must place this deposit in a government-approved tenancy deposit protection (TDP) scheme within 30 days of receiving it, such as the Deposit Protection Service (DPS), MyDeposits or the Tenancy Deposit Scheme (TDS). The agreement will mention which scheme your deposit is protected by, as well as the conditions under which deductions might be made at the end of your tenancy.
4. Guarantor
Many landlords ask student tenants to provide a guarantor – often a parent or guardian who agrees to pay your rent if you are unable to. Your tenancy agreement will outline the guarantor’s role, which typically involves signing a separate agreement the tenancy agreement itself . Be sure your guarantor understands their responsibilities and is comfortable with the terms before signing.
5. Permitted Occupiers
This clause specifies who is allowed to live in the property. It’s important that only those named on the tenancy agreement live in the property, as having other people stay long-term without permission can violate the terms and lead to eviction. If you have friends or family visiting, check if the tenancy agreement has any rules regarding guests.
Important Clauses to Know
1. Maintenance and Repairs
Your tenancy agreement should outline both your responsibilities and the landlord’s when it comes to property upkeep. Typically, landlords are responsible for structural repairs (like the roof, walls and plumbing), while tenants are expected to keep the property clean and report issues promptly. Make sure you understand this clause, as failing to maintain the property could lead to deposit deductions.
2. Subletting and Assigning the Tenancy
Subletting, where you rent out the property to someone else, is usually prohibited or requires the landlord’s permission. Many student tenancy agreements explicitly forbid subletting, so be sure to clarify this if you think you may need to move out before the term ends and find a replacement tenant. Assigning the tenancy, or transferring it to another person, may also be restricted.
3. Inventory Check
An inventory is a list of items and the condition of the property provided by the landlord before you move in. This document is vital in determining what, if any, damage occurs during your tenancy. Always review the inventory thoroughly and add any notes or photos of pre-existing issues when you move in to avoid any deposit disputes later.
4. Notice Periods
If you wish to end the tenancy early, your agreement will state how much notice you need to give. For fixed-term contracts, landlords are not typically obliged to accept early terminations, meaning you may be liable for rent until a replacement is found or until the contract expires. Periodic tenancies, however, often only require a one-month notice period.
5. Rent Increases
Your agreement should clarify if, when and how your landlord can increase the rent. For a fixed-term AST, the rent cannot typically be increased unless stated in the contract. In periodic tenancies, the landlord must give a minimum of one month’s notice and ensure that any increase is fair and reasonable, according to market rates.
Additional Tips for Reviewing Your Agreement
1. Seek Clarification
If there’s anything you don’t understand, don’t hesitate to ask your letting agent or landlord. A reputable letting agent like Nicholas Humphreys will be happy to explain any clauses and ensure you fully understand the agreement.
2. Check for Additional Fees
Some tenancy agreements include extra fees, such as late payment charges or fees for replacing lost keys. The Tenant Fees Act 2019 prohibits most additional fees for renters, so if you see anything questionable, ask for clarification or seek advice.
3. Know Your Rights
Student tenants have certain rights, including protection from unfair eviction and the right to live in a property in good repair. Familiarising yourself with your rights under UK law can help you navigate any issues that arise during your tenancy.
Ready to Sign with Confidence?
Understanding the ins and outs of your tenancy agreement can make the entire renting process smoother and less intimidating. When you know your rights, responsibilities and the common terms in your agreement, you can confidently sign your lease and settle into student life without worry. If you’re still unsure about any clauses or would like further advice on student renting, feel free to contact the friendly team at Nicholas Humphreys. We’re here to help you find the perfect student accommodation and ensure a stress-free rental experience.
