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► Know Your Rights
Know your rights
The first thing that to know is that there are different types of tenancy’s, each of which gives you different rights. The ones that are most likely to be relevant to students are:
Assured shorthold tenancies
People are likely to have this is if:
- You moved in after 28th February 1997
- You pay rent to a private landlord
- Your landlord does not live in the same property as you
This tenancy arrangement ensures that you have the right to live in a property for a fixed term.
The law can give you the right to:
- Get information about your tenancy
- Control your home so that you can stop other people freely entering
- Get certain types of repairs done
- Live in your accommodation until your landlord gets a court order to remove you
- Rent! You must pay the rent that you agreed with your landlord
- Repairs! The landlord must keep the structure of the property is good condition, as well as the supply of electricity, gas, heating and water. The tenants are responsible for looking after the property.
- Ending the tenancy! You and your landlord agree to end your contract, you serve a valid notice; your landlord takes action to evict you.
Occupier with basic protection/Licence
People likely to have this are:
- Living in the same building as your landlord
- Living in a student hall of residence
- You pay a low or high rent
If you have this tenancy agreement you are unlikely to have many rights.
- Rent! You must pay the rent that you agree with your landlord, they have the right to evict you if you don’t. Your landlord cannot increase your rent during the agreed contract term without your agreement.
- Repairs! The landlord must keep the structure of the property is good condition, as well as the supply of electricity, gas, heating and water. The tenants are responsible for looking after the property.
- Transfer of tenancy! You have no right to do this, you can be evicted. Only the landlord can do this.
- Ending the tenancy! The agreed term will continue until it is ended by the tenant or landlord.
- Eviction! The landlord only needs to serve a valid notice and obtain a possession order from the courts.
Tenant’s Responsibilities
As tenant you have responsibilities as well as rights;
- Keep up to date with your rent! Rent is normally paid in advance, check your agreement or check with your landlord how much you need to pay and when. You are legally bound to pay rent if you have signed a contract (not living in the property does not mean that you don’t have to pay rent).
o If you are having trouble paying your rent, get advice as soon as possible. Student Advice Centre.
- Paying the bills! Most tenants are responsible for paying for electricity, gas, water and telephone. Your contract will state what you are responsible for.
- Keeping the place tidy! Most tenants are responsible for general cleaning and up-keep of the residence. Landlords are responsible for repairs and maintenance, and to ensure that the property meets safety standards.
- No anti-social behaviour! Anti-social behaviour is a legal reason for eviction, and can lead to a criminal conviction.
- Smoking! Your contract will state if the property is non-smoking or not.
- Ending your tenancy agreement! You must close your tenancy within the terms of your contract.
Landlords Responsibilities
- Respect and Privacy! Landlords may access properties for inspections and to carry out repairs, but only with appropriate notice as set out in your contract. If you have a licence, your right to restrict your landlord’s access is slightly different.
- Landlords must follow the correct procedures to remove a tenant. Most landlords will have to give a written notice and get a court order.
- Carrying out repairs. Landlords are responsible for most repairs; tenants often have responsibility for some minor repairs and maintenance such as internal decorations, gardens and furniture.
- Safety! Landlords have an obligation to ensure the safety of tenants by ensuring that the residence meets legal safety requirements.
o Gas safety certificate.
o Gas repairs
o Furniture meets fire safety requirements
o Provided electrical equipment is safe.
- Rent! Landlords must inform tenants of rent arrangements and when it is to be paid.
- Information! Landlords must provide tenants with certain information
o Name
o UK contract address
Deposits
From 6th April 2007 when you pay a deposit to a landlord or agent,
Moving in – Within 14 days of paying your deposit, your landlord is required to provide you details of how your deposit is protected.
Safeguarding your deposit – You have a responsibility to return your property as you received it, allowing for wear and tear.
Your deposit has not been protected – You can apply to your local county court, your landlord can be made to either repay your deposit, put the money into a protection scheme, of repay a multiple of your deposit. See Student Advice for further information.
Moving out – Check that you are leaving the property in the same or similar condition that it was let to you. You must agree with your landlord that amount of deposit that must be returned, minus deductions for rent or damages. Within 10 days you should have received an agreed amount of your deposit.
Disputes – Visit Student Advice for further information on how you can resolve disputes.
