Student Housing Contract Advice | UniHomes

Student housing contract advice

You might be thinking about moving out for uni and looking into the options for your perfect home from home. However, you could be unsure of the different types of tenancies that are available and how that may affect you. Maybe the thought of a contract and its terms confuse you, so you aren’t sure whether to sign it, or whether it’s right for you. We understand the struggle - especially if it’s your first time moving away from home! That’s why we’ve put together all the bits you’ll need to know before you sign on the dotted line!

Read the contract carefully before signing it 

Before you put pen to paper and sign your tenancy agreement it’s highly recommended that you read the full contract. We know this is probably the most boring job in the world, but it’s also quite important. If there are parts of the contract that you don’t agree with, then you shouldn’t sign it without having a discussion with your future landlord first. If you can’t come to an agreement, and there are still things in the contract you don’t want in there, it could be best to find an alternative property. You should always be given at least 24 hours to read through the contract. You should never feel pressured to sign it on the spot, so go away, take some time, and read it properly. Getting advice on the agreement through your university students’ union advice centre is also a really good idea as they know exactly what to look out for. Remember, as soon as you’ve signed the contract it becomes legally binding and you can’t change your mind (unless there’s a cooling off period stated in the terms and conditions).

The types of contracts 

Depending on who you are renting from - are they a private landlord, or is it a purpose built student accommodation? - your contract will be different. This can also change for the type of accommodation you have opted for. For example, a shared accommodation will have a different tenancy agreement to a one bedroom apartment or studio. We’ve listed the type of student rental contracts below.

Renting from a landlord or agent

The usual type of contract from a landlord or agent is an assured short hold tenancy agreement for a fixed term of 12 months. This means that throughout the 12 months, you have sole enjoyment and possession of the property without the landlord's interference, and you are to pay the rent for all 12 months, whether you’re in the property or not. The landlord or agent can enter the property for repairs and inspections, but you should be given plenty of notice via your chosen contact method at reasonable times of the day e.g. 9am-5pm. As this is a fixed-term agreement, you’ll not be able to give notice to quit (leave the property before end of contract) unless there are specifics in the contract which state so. This is very rare.

University accommodation

The typical contract - unless a short term agreement - covers the academic year, and is a fixed terms contract for this time period. This again means you’ll not be able to give notice to quit before the end of the contract. You’ll be given the right to occupy a specific room in the accommodation and the common areas that come with it such as kitchen and living space and shared bathroom if applicable. Staff acting on behalf of the accommodation provider such as maintenance and cleaners can enter the shared spaces when needed, but will need to give notice to enter your private room.

Living with the owner

If you’ve chosen to live with the owner of a property e.g. renting a spare room in their house, you’ll be given one of two contracts. The first states you’re a licensee which means the owner of the property can have unrestricted access to your private dwellings, while the second states you’re an excluded tenant which means you’re able to lock your individual room or rooms. The length of the contract will vary depending on whether the owner prefers a month by month agreement or prefers you to stay for a fixed period of time. It’s important to remember that when living in a house with the owner you’ll more than likely be sharing the kitchen and living area with them.

Individual liability

This applies to people who are living on their own, but also to people in shared accommodation who’ve booked their room, not the whole accommodation. By this we mean if you and your friends each sign a contract separately you’re only liable for your room, not the whole house. Obviously if you’re living on your own you are solely responsible for the whole space you’re renting, however if you’re in a shared accommodation any damages to the property and cleaning fees that need to be added on will be charged to all if they don’t figure out who was responsible. If you have a friend who tends to break things, try and sign a contract with individual liability. 

 Individual liability also means that if one of the people you’re sharing with moves out, you will not be responsible for their rent or finding another tenant to replace them. This falls onto the person who moved out and/or the landlord.

Joint liability

Joint liability is where you have signed a joint contract with your housemates and you’ve all agreed to take the property at the same time. You’ll all be jointly liable for any damages and/or cleaning fees to all parts of the property, and if someone moves out the landlord can pursue the remaining tenants for any monies due. It can also be your (and your housemates) responsibility to find a replacement tenant. 

Terms and conditions

It might surprise you but landlords and agents can’t just add any terms and conditions they want to a contract, they have to abide by certain rules and restrictions. This is due to the unfair terms in consumer contracts regulations act in 1999. Meaning that the standard terms and conditions have to meet the standard of the act. 

Another thing your landlord or agent may ask for is a guarantor. This is someone who will pay the rent should you not be able to. They will have to sign a separate agreement to this which states their liability if you fail to pay. More info on this can be found in our blog “what is a guarantor for student housing?”. 

How to get out of a student accommodation contract 

There is an advantage to choosing to live in student accommodation. You can’t simply pack up and move out without continuing to pay rent - unless there is a term in your agreement known as a break clause - but there is a bit of flexibility. Most accommodation providers will accept a transfer of contract. This is where you find a suitable replacement tenant and they take over the remainder of your contract. You pay the rent up until the day the check in (usually, unless agreed otherwise). Once they’ve checked in, you’re released from the contract. However, you can’t go about this without talking to the landlord or agent first, they need to be kept in the loop. 

Another option is to ask for a transfer to another room or property that the accommodation provider owns. For example, if you’re unhappy with the flatmates you have been put with, or you feel uncomfortable, talk to your landlord about possibly moving to another room in the building. Should you feel it best to move to a completely different building, express this to your landlord or agent. There may be a fee to upgrade if the rooms are higher priced at the other site, but if you’re happy with that you should be able to move.

 If you’re finding a replacement tenant you must remember that they need to meet the requirements of the room. For example, if you’re a female and all your roommates are female, then the new tenant may need to be female also. It is your responsibility to advertise and find a suitable replacement tenant. Without this, even if you move out, you’ll still be liable for the rent payments.

 
How to get out of a private student accommodation contract

Depending on the type of contract you have, you may be able to give notice to the landlord regarding your intention to move out. If you have a periodic tenancy, AKA rolling tenancy - month by month, week by week etc - you can give the landlord the minimum notice period. This is usually one months notice for tenancies running on a month to month basis, and four weeks’ notice for a week to week rental. If your tenancy period lasts for longer than one month, for example you pay rent every two months, then you’ll have to give 2 months notice. The amount of minimum notice you need to give usually mirrors your rental period, but check with your agreement. If you’re in a fixed term contract, there is no minimum notice period as you can’t leave your contract before the end of the fixed term. However, check your contract for a break clause. If it has one, the amount of notice you will need to give is what is stated in the clause.

If there is no break clause

If your contract doesn’t have a break clause, meaning you can’t leave the contract until the end of the fixed term, you should speak to your landlord if you’re still wanting to leave. Having a conversation with them may seem daunting but this is unfortunately your only option. Your landlord doesn’t have to agree to end your tenancy early but you should explain your circumstances. For example, if you’re wanting to leave early as you need to look after a family member, or maybe you’re changing universities, you should explain this to your landlord and be as honest as possible. If for any reason they don’t agree to end your contract early, even if you move out you will still need to pay the rent and bills. If you don’t pay, your landlord can raise a court order to make you pay and you’ll have to pay the court fees too.

Problems with the property and/or landlord

If your reasons for moving out are due to the property being in bad shape then you should talk to your landlord. Chances are that they haven’t realised how bad things have gotten if people are moving in and out year after year. However, if once you’ve raised this with your landlord and they still do not fix the relevant issues such as wear and tear and repairs, talk to citizens' advice to get help on how to approach this. If the reason for you wanting to move out is solely down to your landlord - maybe you feel discriminated against, or they’ve entered your home without your permission or knowledge - then again, you should speak to citizens' advice on how to complain about your landlord. 

 Summary

Rental contracts can seem a little confusing at times, but it’s best to take your time and read them thoroughly. Make sure everything in the contract is right for you and you are happy with all the terms and conditions. If for any reason you decide to end your tenancy early, follow the appropriate steps above and remember to always talk to and inform your landlord and/or agent. If you feel at a loss or you don’t know how to approach your landlord, citizens’ advice is always there to help, and your student union may offer advice too.

Reading through a contract can be hard and boring, but choosing the best property for you doesn’t need to be! UniHomes offers the best of the best when it comes to student accommodation. Our properties are in great locations and all come with bills included, so that’s one less stress to worry about! Take a look at our huge range of student homes today!