Living as a Tenant: Your Rights and Responsibilities

Tenancy agreement

As a student, it is more important than ever that you understand exactly what your rights are when you’re paying your rent to a landlord or letting agent. All landlords will charge a varied amount for the student accommodation that they offer and will provide you with a tenancy agreement before you move in, this should state the agreed rent and the rules that need to be followed by both parties, having a good knowledge of your tenancy agreement can only work in your favour. Your agreement will also tell you your allotted time at your accommodation, this time will be more than likely a year for a university student. Finally, your agreement will contain the rules that are set out, this can change depending on the landlord and the property. These rules can include any of the following; maintenance, allowance of pets and what a tenant can and cannot change (e.g. painting, wall mounts).

 

Rent Deposits

The majority of landlords and lettings agents ask that their tenants pay a deposit when they let a property to them. This deposit acts as security against non-payment of rent and damage. However, it is important to remember that that deposit should be returned. If the tenants failed to leave the property in a clean and respectable condition prior to vacating, the landlord will deduct as much as is required to fix or clean the property.

It is possible that a situation could occur in which a landlord feels justified in refusing to give the tenants deposit back, even if the property was left as it was found. A useful tip for new tenants at a property is to ensure you have photographic evidence of the state that the property was found in. That way, if it comes to it, you can prove that you left the property in the same state as it was found.

Additionally, a scheme was put into place in England and Wales in 2007 that is a huge benefit to tenants. This scheme offers protection to tenants’ deposits regarding assured shorthold tenants.

It is mandatory for the landlord to use a tenancy deposit protection scheme to safeguard the deposit that’s been paid when renting accommodation.

As a result, if the landlord has no need to make deductions due to any damage to the property that may have been caused, you should find the process by which you get your deposit back at the finish of your tenancy much less difficult.

Repairs

It is the legal responsibility of the landlord to adequately maintain your home, and, as a tenant, you have the right for your rented home to be kept in a state of repair that is reasonable. This includes the interior of the building, such as toilets, drains, sinks and gas appliances as well as external doors, windows, walls and roofs.

Repairs and Tenant Rights

You should contact your landlord if you notice that any repairs are required on your rented property. You should do this in writing and provide a deadline for completing these repairs. Due to your tenant rights, you have the option of taking the issue further as a way of forcing your landlord to complete the repairs if he or she unreasonably delays or refuses to complete the repairs.

There may be the possibility of you being able to take court action. Also, if the situation arises whereby the disrepair is creating a serious health and safety risk, you can contact the Environmental Health Department of your local council. It may be reasonable in some instances to make the arrangements yourself for the repairs to be carried out before claiming the costs later.

It is worth pointing out though, that prior to you talking action in response to the disrepair in your accommodation, you should read through your tenancy agreement. Given that putting in a request for repairs to be carried out can make it easier for landlords to end certain tenancy agreements, you could face the prospect of being without your home.

  

Responsibilities, Rights and Shorthold Tenancies

The rights and responsibilities of the tenant and landlord are listed in the contract that is agreed upon when you begin renting your property as a tenant. Your legal rights will be determined by the nature of the tenancy agreement, that exists between you and your landlord.

Tenancy agreements come in a range of various types. Most of these tenancy agreements state which specific type they are. In England and Wales, the majority of tenancies entered into on or subsequent to 28^th February, will be shorthold tenancies. This form of tenancy has these characteristics:

• The property must be the main home for at least one of the tenants.
• The tenants must be individuals.
• The tenants are free to use the property as their own (meaning that other people, including the landlord should not be using or treating the property as their own).