Contracts

Most students renting in the private sector will have an assured tenancy. This is a legal agreement between you and your landlord that sets out important details such as the rent you pay, each person’s responsibilities, and how the tenancy can end. Most private renters fall into this category, as long as the property is a self contained home and you live there as your main residence. More information is available on the Shelter website.

 

 

An assured tenancy gives you important legal protection. Your landlord cannot simply ask you to leave without following the correct legal process and must have a valid legal reason (known as a ground for possession) if they want to end the tenancy.

 

 

Under recent reforms, all assured tenancies are now periodic (rolling) tenancies. This means there is no fixed end date. Instead, the tenancy continues on an ongoing basis, usually from month to month depending on how often rent is paid. The tenancy will only end if you give the correct notice, both parties agree to end it, or the landlord successfully obtains possession using a valid legal ground.

 

If you live in the same property as your landlord, you will usually have a different type of agreement called a licence to occupy, rather than a tenancy agreement. This means your housing rights and responsibilities are different from those of a tenant.

 

 

To find out more about licences to occupy and living as a lodger, visit Shelter’s guidance on lodgers.

 

Private Halls (also known as Purpose Built Student Accommodation) that are members of the National Code (ANUK/ Unipol) are largely exempt from the Renters’ Rights Act. This means the accommodation provider will offer you a Common Law tenancy agreement (“non-statutory contractual tenancies" covering situations where statutory housing law does not apply), and the fixed term length of your contract will still apply under the Act.

 

If you live in Purpose‑Built Student Accommodation (PBSA), your contract normally follows the academic year and ends automatically on the fixed end date. PBSA providers can continue using fixed‑term student contracts outside the standard private renting rules, which means early move‑out is usually only possible if a replacement student is found.

 

This is the type of agreement normally used if you and a group of friends are going to rent a house. This essentially means collective responsibility. In the eyes of the law, all tenants are considered to be one tenant, and the behaviour of each individual therefore affects everyone else. For instance, if one tenant does not pay their portion of the rent, the landlord can legitimately ask the other tenants to pay this amount. Equally, if one tenant causes damage, the landlord can take it out of all the tenants’ deposits.

If the property is rented out on a room by room basis, you should be offered an individual tenancy agreement and it should detail which room you are renting. On an individual contract you should have exclusive possession of your own room / bedroom but be allowed to use the shared areas such as the kitchen, lounge and bathroom. These types of tenancies are more common in private halls of residence.

 

Certain fees have been banned by the Tenant Fees Act 2019. A landlord or agent cannot change for:

🟧 References

🟧 Administration

🟧 Viewings

🟧 Credit/immigration checks

🟧Renewal of a tenancy agreement following the end of a fixed term

None of the fees above should be included in your tenancy agreement.

A landlord/agent is allowed to charge you certain fees relevant to your tenancy. These include:

🟧 Rent - the rental amount should be specified in your tenancy agreement.

🟧 Holding deposit - this can be no more than 1 weeks' rent. For more information, visit our page on Deposits.

🟧 Security/tenancy deposit - this can be no more than 5 weeks' rent. For more information, visit our page on Deposits.

🟧 Changing or transferring your tenancy - no more than £50 can be charged to amend or transfer your tenancy, after it has been signed.

🟧 Early tenancy termination.

🟧 Lost keys or fobs - you can be charged reasonable replacement costs, but this should be mentioned in the tenancy agreement.

🟧 Late rental payments - this can only be charged after rent is 14 days late. This must be mentioned in the tenancy agreement and cannot exceed 3% APR above the basic Bank of England base rate.

Before you go on a property viewing always:

🟧 Check whether any fees or additional payments apply

🟧 Ask what the fee is for

🟧 Check if the fee is refundable or will it form part of the deposit payment

🟧 Ask if the fee is per tenant or per property

🟧Always ask for a receipt

 

Unlimited guarantors are common when a Joint and Several Tenancy Agreement is signed and this means that the guarantor is responsible for any outstanding rent and/ or cost of repairs to the property.

Limited guanators are also common when a Joint and Several Tenancy Agreement is signed and this means that the guarantor's responsibility is limited in terms of outstanding rent but unlimited in terms of cost of repairs to the property.

This is applicable when an Individual Tenancy Agreement is signed and this means that the guarantor is only responsible for outstanding rent and/ or cost of repairs to the property.