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Legal Tips on your Letting Agreement

If you are renting privately owned accommodation, it is essential to enter into a written letting agreement to protect your rights. Your letting agreement is a legal contract which should be reviewed by a lawyer before you sign it. Here’s what to look out for:

Your letting agreement

Your letting agreement should be what is legally known as an assured shorthold tenancy. This is a form of letting for a period of over 6 months which sets out your obligations as a Tenant.

   
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Rent

Your letting agreement should clearly state the agreed amount of rent and how and when it is to be paid. Usually rent is paid in advance by standing order. Once you sign your letting agreement you will be contractually bound to pay the rent for the full period of the agreement unless you have a break clause. Your letting agreement should also state whether or not the rent includes water rates and utilities charges.

The Legal Lounge Tip: Negotiate a break clause to end the letting after 6 months if you can. This gives you the option to move out if circumstances change.

Term

Typically your letting agreement will run for a period of 12 months.

The Legal Lounge Tip: Negotiate an agreement to run for the length of your academic year i.e September to June.

Deposit

Most Landlords will ask you to provide a Deposit of approximately one month/six weeks rent. Ensure that your letting agreement sets out exactly what the Deposit covers such as repairs, damage and the cost of cleaning the Property when you leave. The Deposit will also usually cover arrears of rent and any unpaid bills. The Landlord should hold your Deposit in a designated bank account and return it to you at the end of your letting.

The Legal Lounge Tip: Ask for the interest earned on your Deposit to be paid to you.

Joint & Several liability

If you sign the same letting agreement as your housemates, you will be legally defined as Joint Tenants. This means that you will be “joint and severally liable” and if your housemates break anything or don’t pay their share of the rent the Landlord will expect you to pay for it!

The Legal Lounge Tip: Choose your housemates carefully.

Your responsibilities

Your letting agreement will set out your responsibilities as a Tenant. These will include keeping the Property clean, tidy and secure. You will be required to give your Landlord access to the Property on reasonable notice for inspection and to carry out any repairs.

The Legal Lounge Tip: Read your letting agreement carefully to check your responsibilities as a Tenant.


Your Landlord’s responsibilities

Your letting agreement should state that your Landlord will carry out repairs to the exterior and the structure of the Property and maintain services including hot water, gas and electricity. In addition your Landlord should insure the Property (but not your belongings).

The Legal Lounge Tip: Ask your accommodation office/other Students about your Landlord’s reputation.


© The Legal Lounge 2002 and Accommodation for Students Ltd. All rights reserved.
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