ARC Private Housing FAQs
CONTENTS
FINDING PRIVATELY RENTED ACCOMMODATION
CONTRACTS AND INVENTORIES
MOST COMMON TYPES OF TENANCIES
SHARING ACCOMMODATION
DEPOSIT PROTECTION
REPAIRS AND MAINTENANCE
PROBLEMS WITH LANDLORDS
LEAVING/EVICTION
USEFUL RESOURCES AND LINKS
FINDING PRIVATELY RENTED ACCOMMODATION
- Question:
How do I find private accommodation?
Answer:
You can use one of the routes listed below:
ARC- Accredited Letting Agents- we have a professional working relationship with the following local letting agents:
NuPad
Coopers
Gibbs Gillespie.
Click here to access their contact details.
University’s Off-campus Housing Office - you have the option to look for properties which are available on the University’s Off-campus Housing Office Headlease Scheme. You can search for Headlease Scheme properties via the following link:
Private Landlords and/or Letting Agents are registered on a Landlords Accreditation Scheme. If you are looking for a private rental property make sure you use an accredited Landlord or Letting Agency.
Click here for further details of accredited Landlords/Letting Agents.
Letting Agents should also be affiliated to other schemes e.g. The Association of Registered Letting Agents (ARLA); or The National Association of Estate Agents (NAEA). Check out individual letting agents’ websites that they are accredited.
- Question:
What fees and deposits may I be asked to pay?
Answer:
You may be asked to pay some or all of these:
- Security deposit - a security deposit is money paid to a landlord/a letting agency as security against, for example, rent arrears, damage to property or removal of furniture.
If you are asked to pay a security deposit you should check the condition of the property and its contents carefully. This is because, when the tenancy ends, you may be held responsible for anything which is missing or damaged, and may lose all or some of your deposit.
- Agency fees - these can be charged by an agency for their services in helping you find accommodation. They can only charge you if they find you accommodation and you accept it. They are allowed to include an administrative charge for preparing a tenancy agreement, making an inventory, and other costs of setting up a tenancy agreement
- Holding deposit/reservation fee - a landlord or a letting agency can ask you to pay a holding deposit to ‘reserve’ a property before you sign a tenancy agreement. Ask the letting agent for written confirmation that the holding deposit will either be returned once you move in, or that it will be used as part of your tenancy deposit.
Before making any payment, you should be sure you want to take up the tenancy as a holding deposit cannot be returned unless you are unable to move in for reasons beyond your control.
- Premiums -a landlord can charge you a premium, or ‘key money’ for granting a tenancy. There is no limit on what can be asked by a landlord. If the amount appears unreasonable, you have no choice other than not to take the accommodation.
It is against the law for a letting agency to ask for payment for:
- putting your name on its list or taking your details
- providing a list of properties available for renting
From 1 November 2013, adverts for rental properties on websites and in other media must include information about non-optional charges, such as administration fees, charges for inventories and reference checks.
- Question:
What house safety checks should I carry out before deciding to rent?
Answer:
- Check the exterior of the property- make sure the outside of the property is in good condition. Look for loose roof tiles, leaking pipes and gutters, crumbling brickwork etc. If you see any problems, check if they will be repaired before anyone moves in.
- Ask about gas safety - all gas appliances such as boilers, cookers and heaters need to be checked every 12 months. Ask the landlord for the record of the safety check. They should be able to show you a certificate of gas safety provided by a Gas Safe Register engineer within the last year.
- Check the wiring and appliances are safe - your landlord should have electrical appliances checked every 12 months. Usually the electrician will put a sticker on the plug of each appliance saying when they were last checked. Keep your eye out for any fittings that are loose from the wall.
- Are there any signs of dampness or condensation, such as mould on the walls or carpets, in your new home? Also check for signs of pests such as mice, rats and cockroaches. If you see any of these, the property could be a health hazard.
CONTRACTS AND INVENTORIES
- Question:
Does my tenancy agreement have to be in writing?
Answer:
No, a tenancy agreement exists even if there is only an oral agreement between the tenant and the landlord. However, an oral agreement can be difficult to enforce because there is often no proof of what has been agreed, or a particular problem may have arisen which the agreement did not cover.
Therefore, it is in your interest to have a written contractand we strongly encourage you to make a contract check appointment with an ARC Adviser before you sign your tenancy agreement.
- Question:
Can I have my contract checked?
Answer:
Yes.
To help you avoid problems the Advice & Representation Centre (ARC) runs a confidential and independent contract checking service. This is a good opportunity to discuss the property you are thinking of renting, find out responsibilities you will have and also your opportunity to ask questions.
Please contact our offices on 01895 269169 or Email to make a contract check appointment.
Remember, IT IS TOO LATE to make changes, get your deposit back, change your mind or move out, AFTER you have signed the contract.
- Question:
What is an inventory?
Answer:
An inventory is a list of all the furniture and fittings provided in your home. It should specify the condition of items and of the property generally. Having an inventory can help prevent disputes about the deposit at the end of the tenancy. It's best to have a written inventory that is signed by you and the landlord when you move in.
If your landlord provides an inventory, check it carefully before signing it. If it isn't accurate and you agree to it at the start of the tenancy, the discrepancies could be deducted from your deposit when the tenancy ends.
If your landlord doesn't provide an inventory, you should draw one up yourself and ask the landlord or an independent witness to sign it.
It's also useful to take photographs to accompany the inventory.
MOST COMMON TYPES OF TENANCIES
- Question
What are the types of privately rented accommodation for students?
Answer:
The main types of accommodation that students rent privately include:
a)Self-contained accommodation let by private landlords- this is generally flats or houses which you may rent on your own or with other people. Generally, all household bills are separate to the rent. As long as you have self-contained accommodation which you don't share with your landlord, you are most likely to have an Assured Shorthold Tenancy (AST).
AST can be for a fixed term, for example, six or twelve months, or it can be periodic, that is, running from one rent period to another (e.g. from month to month).
b)A room in the same property as the landlord - if you rent a room in your landlord’s home and share some accommodation with them, such as a bathroom and kitchen, then you may be what's commonly known as a lodger. A lodger may have their own room, usually a bedroom, but they don't have exclusive use of that room. This means that their landlord can enter the room without their permission. Lodgers generally pay a charge that covers rent and bills and in some cases meals may be provided too. In housing terms, you will be known asexcluded occupier.
- Question:
I have Assured Shorthold Tenancy (AST) - what are my rights?
Answer:
Assured shorthold tenants have a number of important rights, the main ones are listed below:
- You have a right to a statement of the main terms of your tenancy, including the date it began, the rent due and when it must be paid, how and when the rent can be changed and the length of any fixed term. You should be given a copy of the tenancy agreement before you move in, and it would normally include this information, but if it doesn't, you can ask for it in writing and your landlord must respond within 28 days.
- Your landlord must provide a name and an address in England or Wales where you can write to them.
- Protecting your tenancy deposit - deposits paid on or after 6 April 2007 must be protected in a government-approved scheme and certain information must be provided to you. If the landlord or agent doesn’t do this, or doesn't do it within the required legal timescales, you can take legal action and your landlord may have to pay you compensation.
- You have the right to enjoy your home. This means that your landlord doesn’t have the right to enter your home unless you invite them in.
- You have the right to have repairs done. Your landlord is responsible for doing most repairs except very minor things, such as changing fuses. You should report any repairs to your landlord as soon as you notice them.
- Your landlord also has certain responsibilities for gas and electrical safety, furnishings and asbestos.
- Your landlord can only evict you by serving the correctnotice and getting a possession order from the court. You have the right to stay in your home until the court bailiffs enforce that order and evict you. However, you may have to pay some of your landlord's legal costs if you do stay on after the notice has expired.
- Question:
I have Assured Shorthold Tenancy (AST) - what are my obligations?
Answer:
Your tenancy agreement is a contract between you and your landlord. As well as giving you legal rights, it also means that you have certain responsibilities. Your main responsibilities are listed below:
- You must pay your rent (keep proof of your rent payments).
- You must do minor repairs yourself, such as changing fuses.
- You must keep your home reasonably clean (e.g.take out rubbish).
- You must not cause any damage to the property and make sure your visitors don’t.
- You must use any fixtures and fittings properly.
- Reporting repairs is often a condition of your tenancy agreement, so you may be obliged to report any problems even if they seem quite small or if you’re not too concerned about getting them fixed.
- You must give your landlord access to your home to carry out repairs.
- You have to give your landlord notice on leaving. If you do not do so you may be liable for rent even if you do not live there.
- Question:
I am a lodger - what are my rights?
Answer:
Excluded occupiers have very few legal rights. You may have some contractual rights which have been agreed verbally with your landlord or that are set out in your agreement. However, trying to enforce your rights is difficult because excluded occupiers can be evicted easily.
- Your landlord is responsible for making sure your home is in a proper condition.
- Your landlord has certain responsibilities for gas, electrical safety and furnishings.
- There are no special rules requiring your landlord to protect your deposit in a government-approved scheme.
- You have the right to stay in your accommodation until either:
- your fixed term agreement has come to an end, or
- you have a periodic agreement andyour landlord has given you notice to leave.
- Question:
I am a lodger - what are my obligations?
Answer:
- You must pay your rent when it's due, otherwise your landlord can evict you. Keep proof of your rent payments.
- Your agreement with your landlord may set out what repairs you and your landlord are responsible for.
- You must leave at the end of the fixed term or the notice period given to you by your landlord. Your landlord does not need a court order to evict you.
- You have to give your landlord notice on leaving.
SHARING ACCOMMODATION
- Question:
I want to share a house with my friends - what types of tenancy arrangements can we have?
Answer:
Tenancy arrangements in shared accommodation can vary. The most typical scenarios include:
- One tenancy agreement which each student in the property signs. You all share the property and its facilities and don’t have exclusive possession of any part, even though in practice you may agree to occupy a particular bedroom and pay individual contributions towards the rent. This is a joint tenancy.
- Each student in the property has their own tenancy agreement because they each have exclusive possession of one specific room while sharing other facilities such as the kitchen. In this case, each student has a sole tenancy.
- One student in the property signs the tenancy agreement and has a sole tenancy. They then sub-let rooms separately to other students either as sub-tenants or as lodgers.
Your rights and responsibilities will vary depending on which type of tenancy arrangement you have.
- Question:
What is joint and several liability?
Answer:
If you have a joint tenancy, you and the other tenants have exactly the same rights. You are all jointly and individually responsible for the terms and conditions of the tenancy agreement. This is called joint and several liability.
- Question:
I am a joint tenant – what does it mean
Answer:
Joint tenants have equal rights and responsibilities. They all occupy the property as a whole rather than each having a right to a particular part of it. The most important points are:
- Each tenant has an equal right to remain in the property and not to be excluded without a court order.
- Each tenant is legally liable for the whole of the rent and the landlord could choose to pursue any of them for the whole amount. If one person does not pay her/his share, or leaves, the others are liable to the landlord for paying all of it. If one joint tenant fails to pay the rent, and others have to pay, they can take legal action to get the money back from their co-tenant. This would be an action based on breach of trust. Specialist advice will be needed.
- If the terms of the tenancy are broken by any tenant, action can be taken by the landlord against all of them.
- Each tenant has equal rights as an occupier to apply for housing benefit for her/his share of the rent.
- If action needs to be taken against the landlord for breach of contract, for example, to claim damages for disrepair or harassment, all joint tenants must sue together.
- The tenancy cannot be assigned to a third person without the consent of all joint tenants. Replacement tenants can only join the tenancy with agreement of all parties (that is the landlord and remaining tenants).
- If one joint tenant breaches terms of the tenancy agreement, for example causes a nuisance to neighbours, and if court action were taken by the landlord to get possession for that reason, the action would have to be taken against all joint tenants and, if successful, the joint tenancy would be ended for all joint tenants. This is because all tenants are equally liable for breaches of the tenancy by either one of them.
- If one joint tenant simply leaves and takes no steps to end the tenancy, the joint tenancy and joint liability will continue for all joint tenants. Your landlord may agree to a replacement tenant but you need to discuss this with him/her first.
- Where there is a joint periodic tenancy, one joint tenant can end the tenancy by serving a notice to quit. That would end the other joint tenants’ right to live in the property.One joint tenant can do this without the other tenants’ knowledge and consent.
- Question:
I am a sole tenant – what does it mean?
Answer:
If you share accommodation but have your own individual tenancy agreement there are generally less things that you need to worry about than if you had a joint tenancy with the other students.
- You have exclusive right to occupy your room and you share common areas with other tenants.
- You are only liable for payment of your own rent. If other people you share your accommodation with don’t pay their rent, this won’t affect your tenancy.
- If someone you share with wants to leave then they need to raise it with the landlord. Whether they leave or not won’t affect your tenancy. Your landlord is likely to get a new tenant to replace them. It’s unlikely that you will have any control over who that person is unless your landlord asks for your input.
- If you have a problem with another tenant it’s best to try and resolve any issues between yourselves. However, if that’s not possible, you could raise the matter with your landlord. As you all have individual tenancy agreements, your landlord could decide to take action against the tenant concerned. If they did, it wouldn’t affect your tenancy.
- If you have a TV in your room you need your own TV Licence.
- Question:
Who is responsible for paying bills in a shared house?