Your account

Hi, You're not registered!

Site search

Site Content

Tenancy agreements

Housing advice

Tenancy agreements

One of the most common causes of dispute in accommodation is the tenancy agreement. You should read any contract or agreement thoroughly before signing. Check which party is responsible for undertaking repairs and paying utility bills. All tenants have a legal right to know the name and address of their landlord.

  • Find this useful?

Landlord and tenant law is extremely complex and it’s not possible to provide a comprehensive guide here. NUS advises students to seek help from either their students' union (many employ a specialist member of staff) or a local housing advice centre, citizens’ advice bureau or solicitor.

Fixed term contracts

In most (though not all) cases students will sign fixed term contracts with the landlord, either individually or as part of a shared household.  In a fixed term contract, you’ll be required to pay a certain amount of rent for a certain period – most commonly a year, but it may be six or nine months or whatever length is deemed appropriate.

You’re strongly advised to be absolutely sure you wish to stay in the property for the entire length of the contract before signing.  Unless there’s a ‘break clause’ in the contract allowing you to withdraw early, once signed the contract is binding for the full length of the term and you’ll remain legally liable for the rent in that time.  This can be true even where you don’t actually move into the property.

In some cases, contracts for university halls may include break clauses in case of illness or other exceptional circumstances, but this is by no means usual.  In addition it may be possible to break the contract if the property becomes unfit to live in, or if fraud or misrepresentation on the part of your landlord can be proved, but you should seek legal advice in such cases.

Otherwise, if you do wish to leave early, the landlord is under a legal obligation to try to find a new tenant, but if they don’t, this doesn’t absolve you of any liability.  Moreover, they may not try particularly hard.  However, should they find a replacement they can’t charge you for any period that the new tenant occupies the property.

Statement of terms

There’s no legal requirement for a landlord to provide tenants with a written contract, but occupants of a shared house can demand a 'statement of terms'. This should include the date the tenancy began, how much rent is to be paid and by when, how long the contract is to run, whether it’s for a fixed term, and the date on which the rent will be reviewed. Tenants have to request the statement of terms in writing and the landlord has 28 days to comply, otherwise they can be fined heavily.

Lodgers

The legal position of 'lodgers' is less secure and you can be given notice to quit without the landlord requiring a court order. However, this does give you greater flexibility when it comes to leaving your accommodation. 

  • Find this useful?