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A contract can be a verbal or written agreement. It is better to have a written agreement as both parties know what is expected and it helps to avoid disputes. You should always be given at least 24 hours to read the contract. Never sign on the spot. Once signed the contract is legally binding on all parties, you do not get a chance to change your mind.
The type of contract you sign will depend on whether you rent directly from a landlord/agent, live with an owner or live in University Accommodation.
Most Landlords/agents in Leeds use Assured Shorthold Tenancy agreements. The standard length is for a fixed term of 12 months, although it is possible to sometimes negotiate a shorter term. If you sign a fixed term contract (e.g. 1st July-30th June), you are liable to pay rent for the full period, unless there is a specific clause allowing you to give notice to quit (this is very rare). This type of agreement means that you are a tenant and have exclusive possession of the property. The landlord/agent can have access to the property (e.g. for repairs/inspections), but you should be given notice and they should only call during reasonable working hours.
You will sign a fixed term agreement, covering the full academic year. You will not be able to give notice to quit within the period of the contract. If you live in a self contained flat you are a tenant. If you live in a Hall of residence it is likely that you will be a licensee. Persons acting on behalf of the Residential & Commercial Services can have access to the common parts (e.g. for cleaning purposes), but should not enter your individual room unless written notice is given.
If you live with the owner of the property you will either be a licensee (if the owner of the property has unrestricted access to your room) or an excluded tenant (if you can lock your individual room(s). The length of the agreement can vary depending on what both parties want. It is sometimes possible to come to an arrangement whereby each party can give notice to quit. You will have a bedroom and share the rest of the property with the owner and possibly other students.
If you have signed the same contract as your housemates and you all agree to take the property at the same time; you will be joint and severally liable with each of your housemates for any rent arrears and/or damage to the property. So, if one tenant moves out, the landlord/agent can pursue the remaining tenants (as well as the tenant who has left) for any money due.
If you have a separate agreement between you and the landlord/agent, and another tenant leaves, the landlord/agent can not ask that you cover their rent. You would be liable for any damage to your room. The landlord/agent can make a charge for any damage to communal areas but they have to first try and find out who was responsible.
It is essential that you read through and fully understand all the terms and conditions stated on the contract. This includes any handbook or additional contract sheets you may be given. If there is a dispute then the contract is the first point of reference and would be used as the main source of evidence in any court case. Do not sign a contract if you are not happy with the terms or there are any aspects of the agreement you do not understand.
The contract should include the full contact details of the landlord/agent e.g. name and address. If you are renting via an agency make sure that you also have the landlords’ full contact details. You are legally entitled to this information. If you have just a name and telephone number it could be very difficult to pursue the landlord/agent should a dispute arise.
The contract should also make clear what rent payments are due and when. In addition to this it should be clear who is responsible for the bills e.g. water rates. Before you sign a contract, check that the advertised rent is what is stated on the contract. Errors do occur and if you sign the contract it may be difficult to argue later, especially if you do not have the original advert.
Once a contract has been signed the terms and conditions can not be altered unless both parties agree.
Never sign a contract on behalf of your housemates. Even if their name is on the contract. If they do not sign the agreement and decide not to move in, you could be held liable for the rent of the whole house.
The Unfair Terms in Consumer Contracts Regulations (1999) applies to housing contracts. As such any clauses deemed unfair could be unenforceable. This only refers to the standard terms of a contract (not clauses that have been separately negotiated). Examples of Unfair Terms could be penalty charges, exclusion by the landlord/agent of accepting responsibility for loss or damage to personal property and ambiguous legal clauses.
If you have any queries you can contact The Student Advice Centre.
If you have a joint tenancy, asking your parents to sign a general guarantor form means that they have the same liabilities as you do. So, even if you have paid your rent but others in the property have not, the landlord/agent could pursue your parents for their outstanding rent. The safest option is to go with a landlord/agent who does not ask for guarantor forms. Alternatively, if you really want the property you should insist on your parents signing a guarantor form which limits their liability to just your individual rent and does not make them jointly liable for the property. Many landlord/agents are happy to come to such an arrangement. The Student Advice Centre have copies of a guarantor form that would limit your parents’ responsibilities. Do not sign a contract that requires a guarantor form until you have read the form. Once you have signed the contract you have to fulfil the contractual clauses or you may not be allowed to move in. Seek advice first.
I don’t get on with my housemates anymore and I want to move out – can I give the landlord/agent notice?
You must first check your contract. If there is a clause allowing you to give notice to quit then providing proper notice is given you could move out. If you have signed a fixed term agreement with no such clause then you remain liable for the rent and need to find a replacement tenant.
NB: if there is a serious household dispute and you feel forced to move out, seek advice from The Student Advice Centre before taking any action.
We have signed a joint contract but one of our housemates has moved out. The landlord/agent is asking us for the money but we feel the tenant should pay, is this fair?
Fairness does not really come into it, the landlord/agents’ primary concern is to collect the rent. If a joint contact has been signed the landlord/agent can decide whom they pursue for the rent. If the rent remains unpaid it can either be taken from the collective deposits or if court action is taken, the landlord/agent is likely to issue a summons that names all the tenants. The best option is to try and find a suitable replacement as soon as possible.
It is always worth checking that you have indeed signed a joint contract. Please read the section on Joint Contracts above. If the contract does not meet the conditions for joint liability then the landlord/agent can not make a claim for the rent arrears.
I want to move out of University accommodation but I have signed a contract for the full academic year.
Living in University Accommodation can give more flexibility. It may be possible to transfer to another hall or flat or just to another room in the same block. The first step is to contact your hall/flat Warden. If you simply move out or refuse offers of a transfer, it is likely that you will remain liable for the rent.
You can try and find a replacement through advertising. The replacement must be a student at your institution and ideally be in the same year as you.
NB: If you are leaving University (either temporarily/permanently) you will be released from your contract once you hand in a copy of your leavers form and return the keys to the Accommodation Office.
I have moved out of a shared house but my former housemates are refusing to accept my replacement tenant. What can I do?
If the contract is joint and several the remaining household have the right to refuse a replacement tenant. However, they can only refuse on reasonable grounds such as the replacement tenant not being a student (liability for council tax). If they continue to refuse suitable replacements it is important to notify the landlord/agent. They may decide to take action against the tenants if rent remains outstanding.
If you have an individual contract then you do not need to get the permission of others in the house. However, the landlord/agent does need to agree. It is rare that the landlord/agent refuses a replacement tenant and they would have to give good reasons for doing so.
I have moved out of a shared house and found a replacement for my room, my housemates are happy with the replacement. What do I do next?
You need to contact the landlord/agent and see whether they will draw up a new contract to include your replacement. If they refuse, the next best thing is to sign an assignment notice. This will state that you are leaving, who is replacing you and from what date. The notice needs to be signed by you, your replacement tenant, the landlord/agent and the remaining tenants. Normally this would secure your release from the contract and you can request your deposit back. However, some Assignment notices do include a section that states that you remain liable for the rent should your replacement fail to pay. You would therefore remain liable for the rent if your replacement fails to pay.
Our house is in a poor state of repair - can we move out?
It is very difficult to get out of a property on grounds of disrepair, unless the property lacks the basic facilities and services such as heating and running water; or your are in immediate danger. Disrepair is normally an issue of compensation rather than moving out. Seek advice from The Student Advice Centre before you take any steps to move out of the property.
I have been asked to leave my accommodation, what rights do I have?
Protection from eviction
Unless you live with the owner of the property, court action must always be taken to remove you from the property/room. Under no circumstances can the locks be changed, access refused or your possessions removed. This would amount to an illegal eviction and you could sue for damages. This applies to University Accommodation as well as the private sector.
If your landlord wants you to leave early you must look at the terms of your contract. If you have a fixed term agreement, possession will not normally be granted unless you are in serious breach of contract or the landlord/agent has stated in the contract that the property was recently their principal home (this is rare). There are set mandatory and discretionary grounds for eviction. Mandatory means that if the case is proven the court have no option but to grant possession (e.g. 8 weeks rent arrears). A discretionary ground can be proven but the court will then make a decision whether it is reasonable for possession to be granted (e.g. if the landlord/agent claims the property has not been looked after by the tenants and the condition of the property has been adversely affected.
Repossession by lender (Building Society/Bank)
A court may grant possession if the landlord has failed to make the mortgage payments. If the landlord has not informed the lender that they were renting the property out, the lender will not recognise you as tenants. As such they have the power to repossess the property with a court order. You can apply to the court for the order to be suspended for a short period of time, so that you can find alternative accommodation.
Contact The Student Advice Centre immediately if you receive a notice of seeking possession or a possession order.
The Student Advice Centre have a comprehensive housing advice and representation service. If you need assistance on any housing related matter please see our contact details on the final page.
The Student Advice Centre
Leeds University Union,
Tel: 0113 380 1300
Fax: 0113 3801 301
e.mail: advice@luu.leeds.ac.uk
To advertise for replacement tenants
Unipol Student Homes
Tel: 0113 243 0169
Fax: 0113 283 5973
e.mail: info@unipol.leeds.ac.uk
Web: www.unipol.leeds.ac.uk – go to the Student to Student Noticeboard
The Unfair Contract Terms Unit
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX
e.mail: unfairterms@oft.gov.uk
Please be aware that we are only able to advise current or prospective students of Leeds University.
These pages are for guidance only and are not a substitute for diverse legislation that they cover. The information was checked and correct at the time of writing.
If you have any comments or queries about this page please email advice@luu.leeds.ac.uk.
