Tenancy agreements (contracts)

 

 

What is a tenancy agreement?

 

A tenancy agreement is a legally binding contract between you and a landlord, although many agreements will also include the details of a managing agent as well. The tenancy agreement gives certain rights to both you and your landlord, for example, your right to occupy the accommodation and your landlord's right to receive rent for letting the accommodation for the length of time specified. It lets you live in a property as long as you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy. Once a contract has been signed, there are no guarantees you will be able to cancel the contract. 

 

We recommend that you get a written tenancy agreement from your landlord or agent and it should be signed by both you and your landlord. The landlord should provide you with a copy of the agreement.

 

If there are joint tenants on your contract, then it is recommended that each of you should receive a copy of the agreement.

 

 

Assured shorthold tenancy

A tenancy can either be a fixed-term (running for a set period of time) or periodic (running on a week-by-week or month-by-month basis). The most common form of tenancy is an Assured Shorthold Tenancy (AST) with most student tenancies being offered for 12 months, usually from 1st July to 30th June and a landlord can only evict you with a court order. Tenancy lengths for private halls can vary, and are often shorter than the standard 52 week contracts.

 

There are also landlords and agents who will offer shorter contracts for those students who wish to rent for a single semester. Students who are seeking short term semester lets can also check our student message board, as quite often students are advertising their rooms to be available for this type of rental.

 

When being offered a 12 month tenancy, you may find the landlord or letting agent may offer a summer concession through the form of a rent free period or half rent (usually for July and August), or a summer retainer. Adverts on the LSH website will show if the landlord or agent has offered a summer concession.

 

If you have been offered a rent free or half rent summer concession, then you have a legal right to access the property from the start date of your tenancy, and many students choose to store belongings in the property until they return to commence their studies in September. If you wish to live in the property over the summer months, then you may be asked to pay full rent.

 

A retainer is a charge requested that allows students to move into a property at a later date. Further details about retainers, including the updated views of The Property Redress Scheme as of July 2022, can be found on our dedicated Retainers page.

 

Any summer concessions should be made clear in the tenancy agreement, so always check your tenancy carefully before signing, and if you have any doubts, contact us for a free contract check. If you find a property you like and are not offered a summer concession, you can always try to negotiate to get one. You can also wait and sign up for a property much closer to the time if you do not wish to pay summer rent or a retainer.

 

From June 1 2019 the Tenant Fees Act was introduced in England, meaning landlords and agents will no longer be able to charge a number of fees for new tenancies signed on or after that date. This includes tenancies that are being renewed.

 

For more information, please visit our dedicated Tenant Fees Act page.

Joint tenancy agreements

If you and your housemates are all listed on one tenancy agreement with a landlord, then you will have a joint tenancy, with the following implications:

  • Tenants are jointly and individually responsible for paying the rent and for any damage to the property.

  • If a tenant does not pay their share or leaves, then the other tenants may be required to pay the outstanding rent amount and the landlord has the option of pursuing any of the tenants for the arrears.

  • If a tenant wants to move out before the end of the contract, it is up to all tenants to find a replacement or they can agree to continue with the tenancy but cover the extra rent.

  • If a replacement tenant is needed, all existing tenants must agree to the new tenant.

  • In a joint contract, landlords cannot evict one tenant without evicting all of the others.

  • If you have any problems paying your rent or continuing to live in a property, always talk to your landlord at the earliest opportunity.

Individual tenancy agreements

If each of you signed a separate agreement with the landlord, then you will have individual tenancies, with the following implications:

  • You are only responsible for paying your own rent.

  • You will be responsible for paying for any damage within your own room and an appropriate share of any damage in communal areas (unless another tenant accepts responsibility).

  • If another tenant moves out you will have no say over who replaces them.

  • If you wish to move out before the end of your contract, the landlord may agree to release you, but you may have to find a replacement.

 

Homestay agreements

 

Living with a Homestay provider means you will be sharing where you live with the owner of the house or flat.  You will be issued with a Lodgers Agreement or a License to Occupy, but your legal status is likely to be that of an excluded occupier. This is not the same as a tenancy agreement and will provide you with fewer rights.

 

As an ‘excluded occupier’ you will have some contractual rights which will be set out in your written agreement and will outline the conditions for living in the property and may include how the bills are split, cooking arrangements and if food is provided, how often the rent is paid and any other rules that the Homestay provider wishes to include.

 

Liverpool Student Homes runs an accreditation scheme for Homestay providers and can be viewed here 

 

You can find guidance about your rights as a lodger on GOV.UK.

 

If you have a licence agreement, your landlord doesn't have the repair responsibilities that are set out in the Landlord and Tenant Act 1985 because it only applies to tenancies. However, your landlord should still take steps to make sure your home is safe and that you won’t be injured because of the condition of your home. Your licence agreement might set out what repairs you and your landlord are responsible for - it might give you extra rights so it’s worth checking your agreement.

 

If your landlord wants you to leave the property before the end of the agreement the you have a right to 'reasonable' notice.

 

 

Tenancy agreement FAQs

 

 

I have signed and returned a contract to the landlord/agent but they haven't sent me a final copy with their signature - is the contract valid?

If you have signed a tenancy agreement and returned it to the landlord there will generally be an assumption that a contract has been entered into, especially if you have paid for a deposit or advanced rent, however in these circumstances we recommend you contact us for further housing advice.

I have signed a contract but not yet supplied details of my guarantor/paid rent/paid deposit - is the contract valid?

Once you have signed a contract it is legally binding on both you and the landlord, this means that the landlord contractually has to provide you keys and let you move in on the start date detailed in the tenancy agreement, regardless of the circumstances. For example a landlord cannot refuse you access to the property if you have signed the tenancy, but your guarantor hasn’t, if you haven’t paid any rent yet or if you haven’t paid a deposit yet. Although you may be in breach of the terms of the tenancy agreement, the landlord is still obligated to provide keys and a moving in date.

I have changed my mind about the property - do I still have to pay rent if I haven't moved in and have returned the keys?

Yes, you are still liable for paying the rent for the length of contract detailed in the tenancy agreement. Even if you don’t move in or return the keys you will still be liable to pay rent as you have entered into a legally binding contract. To leave a tenancy agreement you usually have to find a replacement tenant and you will need to discuss this with your accommodation provider before proceeding, as it is at their discretion to offer this option.

 

Remember – don’t sign two tenancy agreements!

 

It is really important to remember not to sign two tenancy agreements for the same time period. Each tenancy agreement is legally binding and requires you to pay rent for the period specified, if you sign two tenancy agreements you will be agreeing to paying two rents for the tenancies you have signed. In these circumstances you will need to find a replacement tenant to replace you in one of the agreements. Even if you decide not to move in or you return the keys to your accommodation provider, you will still be liable to pay rent for the length of the contract. 

 

If you need accommodation for a short period before the start of your new tenancy agreement, you can usually find short term summer lets for up to 6 weeks.