Page 1
Contents
Getting Started 1
Choosing a
Property
1
Contracts and
Legal Matters
3
Your Rights in the
Property
5
Money Issues
7
Moving In
8
Useful
Addresses
9
Example Letter 9
This booklet has been written for students who are looking for
accommodation in the private rented sector. It should be used as a general
guide and the information is applicable whether you are a first year
undergraduate or a second year PhD student. The key thing to remember is,
always seek advice if you are worried or concerned and never sign anything
you are unsure of. Get it checked by an adviser at DSU Welfare. Good luck
and happy house hunting!
Warning!
Some important sections in this booklet do not apply if your landlord, or a
member of his/her family lives with you. This also applies if you rent from any of
the following: De Montfort University, Willowbrook Properties (Oxford Court); In
this situation seek specialist advice from us.
GETTING STARTED
The most important thing to remember when you start your search for a house is
don’t rush out and take the first place you see. Landlords try to panic students into
signing a contract for their house by claiming that there will be no houses left if the
student waits. There is normally plenty of housing available and panicking will
probably mean you end up with a bad deal.
Be prepared to negotiate with landlords/agents. Don’t accept high rents and poor
conditions. If you feel intimidated, try to go in a group. Remember, if you make a
bad decision at this point, you may be stuck in the house for a year.
CHOOSING A PROPERTY
When you inspect a property you should take your time and work methodically
through the house. Never sign a contract without looking round the house and
reading the contract! Try to speak to the previous year’s tenants. What do they
think of the property? What’s the landlord like? Does he/she complete repairs
quickly?
The following list should give you a rough idea of what to check.
D AMP
Is the property damp? Obvious signs include peeling wallpaper or flaking paint.
Mould on the walls may be due to damp but it could also point to condensation,
particularly in the bathroom.
Damp properties are hard to heat and can damage your health, particularly if you
have asthma. Remember, if the property feels cold and damp in June, how will it
feel in the middle of January?
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E LECTRICITY /G AS
What sort of heating is used in the property? Electric fires or fan heaters cost a fortune to run and
should be avoided. Aim to get a property with central heating. Make the landlord switch the heating
on when you inspect the property so that you know it works.
Are there enough power points in the rooms for all your needs?
--Do the plugs get hot when switched on?
If the house is fitted with gas appliances, the landlord must supply a gas safety certificate for each
appliance. Only licensed engineers can issue these certificates. They must be Gas Safe registered.
Look for the Gas Safe Register name on the certificate. Faulty gas appliances can kill you! More
information and leaflets on gas safety are available from the Welfare Centre.
F URNITURE
Is there sufficient furniture in the house for your needs? Is the furniture in good condition? Try sitting
in the chairs and laying on the beds, will they last for a year? Any soft furnishings in the house, e.g.
sofas, beds, must comply with fire safety regulations. Consult Consumer Direct for further details.
Make sure you get a full inventory of furniture, indicating its condition.
P ESTS
Look out for mouse/rat droppings or holes. Are there any slug trails? Look in cupboards and around
exterior doors for evidence of ants, cockroaches or woodlice. Properties close to the canal often
suffer from pests.
P LUMBING
Do all the taps work? How do you obtain hot water? Using an immersion heater can be expensive, try
to get a property with central heating. When you run the taps, does the water run away properly?
Does the toilet flush?
S ECURITY /S AFETY
Is the house secure? Student houses are often the target of thieves. Are there any window locks?
What are the locks like on the front and back door? Is the house in a reasonable area? Is there an
adequate escape route in the event of a fire? Are there any smoke alarms? Do the windows open?
G ENERAL
Check and double check everything. Do all the appliances work? Just because there is a washing
machine in the kitchen, it does not mean it works. Get the landlord to switch it on ! If it doesn’t work
will he/she replace it or reduce the rent?
You wouldn’t buy a car without a test drive, so why rent a house without checking it thoroughly?
Remember if you make a bad decision now you may have a year to regret it.
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CONTRACTS AND LEGAL MATTERS
Before you read this section, make sure you have read and understood the warning printed on
the inside cover of this booklet.
It is important to understand the differences between the various types of tenancy agreement.
Your security of tenure (right to occupy the house) may depend upon the type of agreement you
have signed. There are two main types of tenancy in the private sector.
• Assured Shorthold Tenancy
• Assured Tenancy
The most common type of tenancy is an Assured Shorthold Tenancy.
A SSURED SHORTHOLD TENANCY
From the 28th February 1997 the contract you sign will, in virtually all cases, automatically
become an Assured Shorthold Tenancy unless your landlord gives you a special notice (see
below).
The main difference between an Assured Shorthold and an Assured Tenancy, is that the landlord
gets an additional right of possession which the courts must enforce if the landlord wants you to
leave.
If the contract you originally signed did not stipulate a minimum fixed term for the length of the
tenancy, then the court will not grant possession in the first six months. However, if you
originally agreed to a minimum fixed term, the court will not grant possession before the expiry
of this period (provided that your contract does NOT have a break clause enabling the landlord
to bring the tenancy to an end before the expiry of the fixed term). Therefore, you should ensure
that the contract you sign covers the full period of time that you want to stay in the property as
you cannot be made to leave before this time unless you seriously breach your contract.
A SSURED TENANCY
This type of tenancy will become increasingly rare following changes in the law that came into
force in February 1997. This tenancy can only be created by the service of a ‘notice’ which states
that you are an Assured Tenant. Alternatively, if the contract states that it is intended to create
an Assured and not an Assured Shorthold Tenancy, this will have the same effect.
The main benefit of an Assured Tenancy is that they offer better long-term residency rights.
However, for many students this is not an important issue, as they typically move house on a
yearly basis.
N O WRITTEN CONTRACT
Although you may not have a written contract it does not mean that you do not have a tenancy.
If your tenancy commenced on or after the 28th February 1997, it is almost certain that you will
have an Assured Shorthold Tenancy.
The problem in not having a written tenancy agreement is that it can be difficult to prove what
was originally agreed when you entered into the tenancy. Assured Shorthold Tenants can make a
written request to the landlord for a statement of basic terms which govern the agreement.
These include;
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• the date on which the tenancy began
• the rent and dates for payment
• details of any rent review clause
• the length of the contract
If the landlord fails to comply with this request within 28 days, they are committing a criminal
offence.
RENT
If your original contract was for a fixed term, then irrespective of whether it was Assured or an
Assured Shorthold, your Landlord cannot increase the rent during this period unless your contract
gives them the power to do this.
If the contract did not stipulate a fixed term, then you will have a periodic agreement. In this case
the landlord cannot increase the rent within the first year of the agreement.
If your landlord wants to increase your rent after the fixed term period or after the first year in a
periodic agreement, seek advice from a Welfare Adviser.
CAN I LEAVE BEFORE THE TENANCY EXPIRES?
If your tenancy is for a fixed term you will not be able to leave unless:
• there is a clause which allows you to give notice (this is rare)
• the owner/agent agrees to release you
• you find a replacement tenant for your room
(known as an assignment)
Unless one of the above points applies you will still remain liable for the rent if you leave the
property. However, if the owner/agent fundamentally breaches the tenancy, for example, by letting
the property fall into disrepair, you may be able to leave early without liability for further rent. Seek
advice on this before leaving.
If you are a periodic tenant, then unless your contract states differently, you will be able to give
notice in line with how you pay rent, so if you pay rent monthly you can give a month’s notice. The
minimum notice period is four weeks. This applies even if you pay rent weekly. The timing of the
notice is important, seek further advice.
If you have not signed a contract, notice can be given in line with how you pay your rent, subject to
a minimum of four weeks notice.
UNFAIR TERMS
Before 1995 if you signed a contract you were legally bound by most terms in it even if later you
thought they were unfair or one-sided. Some terms have always been legally ineffective even if you
appear to agree to them. For example a landlord cannot deny responsibility for the condition of the
property even if there is a clear term in the contract which does this. However since 1995 it has
been possible to challenge terms as “unfair” even if you have agreed to them. A good example is
the common term in ‘hall’ agreements that all students in a particular ‘block’ are liable for acts of
vandalism even where it cannot be proved who were responsible. Recently such terms have been
judged ‘unfair’ by the Office of Fair Trading unless they allocate responsibility fairly and allow for a
right of appeal. If you think a term is your tenancy agreement may be unfair seek advice from the
Welfare Centre.
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YOUR RIGHTS IN THE PROPERTY
F INDING OUT THE NAME AND ADDRESS OF YOUR LANDLORD ( SEE EXAMPLE LETTER ON PAGE 12)
Many students rent their homes from an agent and consequently, they never know who their
landlord actually is. You should never forget that in law the contract is between you and the
landlord, not the agent. The agent is merely the go between.
An example of where it would be useful to know the landlord’s address is where you have
reported disrepair to the agent but nothing has been done about it. You would also need the
landlord’s address if you wish to sue for non return of a deposit.
By law, an agent must supply the name and address of the landlord if you request it in writing or
they commit a criminal offence. If you write requesting this information, it is a good idea to send it
by recorded delivery, so that the agent cannot state that he has not received it.
Q UIET ENJOYMENT
This is a legal term and it relates to your right to live in the property without interference.
In practice, it means that you can refuse unwanted visitors access to your property and this
includes your landlord. Persistent attempts by your landlord to gain access to your property or
entering when you are out may constitute harassment. This is a criminal act. A Landlord does
however have a right to gain reasonable access to inspect the property.
W HAT HAPPENS IF THE LANDLORD / AGENT WANTS ME TO LE AVE BEFORE THE TENANCY ENDS ?
If the landlord wants you to leave your house they MUST obtain a court order. The landlord will
have to serve you with a ‘Notice of Seeking Possession’ (NSP). This is a special legal form. The
landlord cannot just write to you telling you to leave. Possession can only be sought on specific
‘grounds’. These grounds cover a number of areas including things like rent arrears. If you are
served with an NSP, seek advice quickly.
W HAT HAPPENS WHEN YOUR CONTRACT ENDS ?
Just because your fixed term tenancy has ended, it does not mean that you have to leave your
property.
If the fixed term has expired, you can do either of the following things:
• agree to sign a new tenancy for another fixed term
• do nothing and let the tenancy expire. In this situation, you will become a Statutory Assured
Shorthold (or Assured) Periodic Tenant
However, if you originally signed an Assured Shorthold Tenancy, then the landlord can give you
two months notice and then obtain a possession order. If your original shorthold tenancy was for
a non-fixed term period, they can seek possession after six months. A special form is not required
for this type of possession proceedings but it must be in writing.
Never forget that irrespective of what your landlord says or whatever type of contract you have,
the only way you can ever be forced to leave your house is if the landlord has a court order. This
will not apply if you share the accommodation with your Landlord. Seek advice.
H ARASSMENT /I LLEGAL EVICTION
These are serious criminal offences and you should never let anyone force you out of your house
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Any of the following acts may constitute harassment:
• constant visits from the landlord or their agent without warning
• entering your home without your permission
• cutting off your gas/electricity
• harassing you because of your sex, race or sexuality
• threatening you with violence
Any of the following acts will constitute illegal eviction:
• forcing you to sign agreements which reduce your rights
• locks being changed while you are out
• being physically thrown out
• preventing you from getting into part or all of your home
The law states that “any person” who commits these acts shall be guilty of an offence. This covers
not only the landlord but also any member of their family or an agent. If you have suffered from any
of the above acts you should contact the Tenancy Relations Officer and the Welfare & Education
Centre immediately.
R EPAIRS
Irrespective of whatever your contract says, your landlord is obliged by law to maintain the basic
fabric of your house. The Landlord and Tenant Act 1985 states that he/she must:
• maintain the structure in good repair. This includes drains, gutters and external pipes
• keep the installations for supplying water, gas, electricity and sanitation in good repair. This
includes basins, sinks, baths and toilets
• keep the systems for the provision of heating and hot water in good repair
The landlord cannot avoid liability for these repairs. However, the landlord is not liable to repair any
damage that you or your guests cause.
SERIOUS DISREPAIR
As stated above contacting Environmental Health could be a helpful way of getting repairs done
particularly if health issues are involved. If the property you are living in suffers from serious
disrepair (for example, badly leaking roofs, dangerous wiring, or unsanitary plumbing) then the
Environmental Health Department should be your first ‘port of call’ as they are likely to intervene
quickly to compel repairs. The only risk is that in extreme cases the Environmental Health
Department may take the view that the place you are living in is “unfit for human habitation” which
would have the result of you all having to find somewhere else to live. However if things are that
bad, should you really be living there anyway?
W HAT CAN YOU DO ?
First you should tell your landlord about the problem. He/she incurs no liability until they are advised
about the problem. It is best to put everything in writing and always keep copies of any letters you
send. You could also contact the Environmental Health Department at the Council. They have wide
ranging powers and can force the landlord to carry out repairs.
D IRECT ACTION
There is a procedure where you can pay for repairs yourself and then deduct the cost out of your
rent. However, you should never attempt this without taking advice as you will instantly give the
landlord grounds for court action as you will be in arrears with your rent. Seek advice from the
Welfare Centre.
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MONEY ISSUES
C AN YOU AFFORD THE PROPERTY ?
This may seem obvious, but you should ask yourself whether you can afford your chosen
accommodation. Remember the true cost is more than just your weekly rent. Can you afford the
deposit and retainer? Find out exactly what the rent includes, e.g. gas or electricity. Who pays the
water rates?
S UMMER RENT / RETAINERS
Many students pay summer rent (normally half rent) to retain their chosen house during the
summer vacation. You are advised not to pay this unless you are desperate to secure a particular
house. Summer rent is money for nothing. The only way that landlords can get away with charging
it is because students are panicked into taking the first house they see. There are always houses
left, even when term starts. You can save yourselves a small fortune by delaying your house
hunting until closer to the start of term.
R ECEIPTS
Always obtain a receipt for any money you pay to the landlord. Ask the landlord to state what the
money is for, e.g. summer rent/retainer, monthly/termly rent, deposit. Never pay cash to the
landlord without obtaining a receipt.
M ONTHLY /T ERMLY RENT
Paying rent termly is generally not a good idea, although many landlords ask for this. Although
your tenancy agreement will probably not contain a ‘break clause’ allowing you to leave early, you
may wish to do so if the property falls into serious disrepair. If this is the case, there may be legal
ways in which you can leave the house without further liability for rent. However, this may be
difficult if you have just given the landlord a whole term’s rent.
D EPOSITS
Landlords of all Assured Shorthold Tenancies created after 6th April 2007 must use one of the 3
Tenancy Deposit protection Schemes if a deposit is paid. This does not apply to Licences or any
other type of tenancy. If in doubt seek advice.
The landlord or the agent (whoever takes the payment) must protect the deposit with a scheme
within 30 days of receiving the money. They are also required (within 30 days) to provide certain
information such as the contact details of the chosen scheme, confirmation of the deposit amount
and what it may be used for.
You can check whether your deposit has been protected by emailing the details to all 3 schemes.
It is in your interests to ensure your deposit is protected so that you will be able to use the
arbitration service the scheme provides if there is a dispute later on. They help avoid delays in
getting your money back and decide impartially how much money you and the landlord should
each rightfully receive. Also, if the landlord or agency is declared insolvent and you can’t get your
money back from them, the scheme can step in to ensure you are not left out-of-pocket.
If your deposit is not protected there is a particular type of court claim that allows you to sue for
not only the deposit but an amount of between one and three-times the deposit on top. If you
think you may have a claim, contact the Welfare Centre for advice and representation.
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I NDIVIDUAL /J OINT TENANCIES
Signing a contract with a group of other people can have very serious implications, as it is likely
that the agreement will be viewed as a joint tenancy. The law looks upon the individual tenants in
a joint tenancy as one entity. The most obvious problem in this situation arises if one of the group
wishes to leave. Potentially the remaining group incur liability for the whole rent. The only avenue
open to the group is to try to re-let the room or sue the student who has left.
However, one important benefit of joint tenancies, is that the landlord will not have any right to
put in a tenant of their own choice. This can be particularly important where a group of women
are sharing and the landlord wants to fill the vacant room with the local mad axe-man!
With individual contracts the situation is reversed. You will only be liable for your own rent but
the landlord may have the right to fill a vacant room. This is because your tenancy will probably be
for your individual room and not the whole house.
S IGNING THE AGREEMENT
Hopefully by now you will have inspected the property and you should have had some time to
read your prospective contract.
All contracts contain various terms and clauses and it is important to read and understand these.
In general, you will be bound by the terms of your contract so never sign anything you are unsure
of.
If there are any repairs necessary or if any furniture needs replacing, get the landlord to state in
writing that he/she will repair or replace it prior to the start of the tenancy. Your bargaining
power is far greater before you sign the contract than afterwards.
MOVING IN
Now that the day has come to move into your newly acquired palace, you should undertake the
following points as soon as possible.
• take pictures of the property so that you have proof of its condition. A good photo may be the
best asset you have when the time comes to reclaim your deposit
• notify the gas/electricity/telephone/water authorities that you are the new occupants in the
property. If the last tenants didn’t pay the bills when they left, you may get lumbered with their
bills. Come to the Welfare Centre if this happens. Remember to put the bills in different names.
One person should not make themselves liable for all the bills
• get an inventory of all the property in the house and its condition. If your landlord does not give
you an inventory, do your own and keep a copy – this is for your own benefit to protect your
deposit so note everything that already shows wear or damage”
• obtain a Council Tax exemption certificate from the Student Gateway and deliver it to the
Leicester City Council offices
• immediately inform your landlord of any disrepair in writing and keep a copy along with proof of
postage
Hopefully if you have followed this guide you should have ended up with a reasonable house for
the year. Sit back and enjoy!
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Housing Guide
USEFUL ADDRESSES
DSU Welfare
De Montfort Students’ Union
1st Floor Campus Centre Building
Telephone: 0116 257 6307
Website: http://demontfortstudents.com/welfare
Opening hours:
Monday – Wednesday
Thursdays (term time only)
Thursdays (vacation periods)
Fridays
9.30 – 3.45
9.30 – 6.30
9.30 – 3.45
1.00 – 3.45
Housing Options Centre
Leicester City Council
Housing Options
Phoenix House
Welford Place
Leicester
0116 252 7008
Environmental Health
Leicester City Council
Customer Service
New Walk Centre
Leicester
LE1 6ZG
0116 252 6382
EXAMPLE LETTER
(Your Name)
(Your Address)
Date
The Agent, Anytown
Dear Sir/Madam
Please can you supply us with the name and address of the landlord of the above named
property in accordance with s.1 Landlord & Tenant Act 1985.
We have been advised by the Students Union that you are required by law to supply this
information within 21 days or you are committing a criminal offence.
Yours Faithfully