This is part of a series of guidance about tenancy agreements provided for students.
Exercising Caution with Tenancy Agreements
Read Before you Sign
Take the time to carefully read any tenancy agreement. Don’t be rushed into signing one that you haven’t read. Your contract is likely to commit you to thousands of pounds of rent over the course of the tenancy, so it makes sense to check carefully. If a landlord is unwilling to let you spend time doing this, think carefully about whether they have something to hide.
Many universities and colleges have a Student Advice Centre or similar which will be able to help you check through a tenancy agreement, and it’s a good idea to use this service. If not, contact a local Citizen’s Advice Bureau.
A few details you might like to look out for include:
- Conditions made for the return of the deposit.
- Whether the deposit is held as part of a scheme such as the TDSRA (see our guidance on Deposits for more details.
- Who is responsible for maintaining the gardens. This will often be the tenants, and there’s nothing wrong in that, but you should be aware of what you’re signing up to.
- How the rent is paid. We recommend monthly cheques or Standing Orders. It is legal for a contract to specify that it is paid in advance for the full year, but do you really want to do this?
Unfair Terms
The Unfair Terms in Consumer Contracts Regulations 1999 exist to ensure that consumers are not bound by any terms in contracts that are deemed to be unfair. The Office of Fair Trading (OFT), who oversee the regulations, have put particular efforts into the area of tenancy agreements, since they are one of the largest contracts a consumer is likely to enter into.
If terms are found to be Unfair they could be void, and the landlord would not be allowed to rely on them. Only a court can decide what is Unfair, but the OFT produce a guide for tenants called “Unfair Terms in Tenancy Agreements: Don’t Get Caught Out”, which you can download from their website, giving details of areas they think could be unfair.
Some examples of terms that may be unfair include:
- Anything that attempts to make the tenant responsible for something that is the landlord’s duty in law.
- Terms written in hard-to-understand jargon, or using words with legal meanings that you may not understand.
- Excessive interest rates for late payment of rent.
- A term allowing the landlord to enter the premises without giving you reasonable notice, except in an emergency.
Summary
- Always read a tenancy agreement before signing it.
- Consider having it checked by a Student Advice Centre or Citizen’s Advice Bureau.
- If there are things included in your tenancy agreement that seem unreasonable, they may be covered by Unfair Terms Regulations. Check out the OFT’s website for more information. A Court makes the final decision on the fairness of a term.
Pages in this Guide
- Types of Tenancy
- Joint vs. Individual Tenancies
- Fixed term vs. Periodic Tenancies
- A Valid Tenancy
- What’s included in a Tenancy Agreement
- Exercising Caution with Tenancy Agreements
- Verbal Agreements
This information is provided for general guidance only, and should not be considered to be definitive or legally binding in respect of any specific situation. If you have a specific query, you should contact your Student Advice Centre, or a Citizens’ Advice Bureau.
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