Tessa's Ten Top Tips for tenants on tenancy agreements
- When signing a tenancy agreement with one or more friends, note that if they refuse to pay their share, you are legally responsible for the whole of the rent, including their share. This is known as 'joint and several liability'. It means that that the landlord can claim the whole rent from each the tenants individually, whatever arrangements they have made between themselves. You can even remain responsible for rent after you have left the property if the other tenants stay on under the same tenancy agreement (ie the one with your name on it). Only sign a joint tenancy agreement with people you can really trust.
- Read the tenancy agreement carefully and get advice on any clauses you do not understand. Make sure that the payments are described correctly, particuarly the rent. If you sign an agreement with the rent £100 pcm more than you thought you were to pay, the landlord may not be prepared to change this later.
- Be wary about signing agreements for long terms particuarly with a new property or landlord. If you want to leave early, you will be responsible for the rent for the rest of the term, even after you have left, unless a suitable new tenant can be found.
- Make sure you know what bills will be paid by you and what bills will be paid by the landlord. For example water rates, council tax and utilities. This should be clearly set out in the agreement.
- Tenancy agreements are now subject to the Unfair Terms in Consumer Contracts regulations and agreements must be 'fair' and written in plain English. Clauses which do not comply with these requirments will be void and unenforceable. You can complain about this to your local Trading Standards Office
- Tenancy deposits for assured shorthold tenancy agreements taken after 6 April (or where a new tenancy agreement is given to you after that date) will need to be protected under one of the government authorised tenancy deposit schemes. Check that your tenancy agreement provides for this. Your landlord is supposed to give you notice of the scheme used within 14 days of receiving the deposit.
- Be wary about signing a tenancy agreement if the property needs repair work and/or is missing furniture or other items. The landlord may say he is going to do it, but how can you be sure? If you need to move in urgently, get the landlord or agent to agree in writing that you can move out without penalty if these matters are not dealt with within a specified time.
- Note that if your landlord lives in another part of the same building (e.g. in another flat in a converted house, but not if this is a purpose built block of flats) or if the rent is over £100,000, your tenancy will be a common law tenancy and not an assured shorthold tenancy.
- If you pay rent weekly, your landlord should provide you with a rent book in the prescribed form.
- When the fixed term in your tenancy agreement has expired, this does not mean that you have no agreement or are no longer a tenant (and you are NOT a squatter!). Your tenancy will continue but will run from month to month (if you pay monthly) or week to week (if you pay weekly), and will be subject to all the terms and conditions in your existing tenancy agreement. This will continue until you sign a new tenancy agreement when the new terms in that agreement will apply. When a tenancy 'runs on' after the end of a fixed term, it is known as a 'periodic tenancy'. Note that this is not necessarily the case for common law tenancies.
Notes:
Members can read FAQ and articles on all the points covered here.
