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Student Letting: Know Your Rights and Responsibilities

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Wednesday, 22nd October 2008
With many students starting their first year in privately-rented accommodation, The Yorker brings you a quick guide to your legal rights and responsibilities as a tenant so you can prepare and fight back if the worst happens.

Tenancy Agreements

Pretty much everyone will have already signed a tenancy agreement for this year: it is imperative that if you haven't already, you read it thoroughly. If you don't understand some part of it, don't be afraid to ask your landlord or letting agency, it's not a crime to not understand legalese, but equally, ignorance is not (usually) a valid excuse when it comes to contract law. Key things to look out for are the type of tenancy agreement (usually Assured Shorthold Tenancy) and whether it is a "joint" or "several" tenancy. In a joint tenancy, all the residents are responsible for the actions of any one individual and importantly, everyone is responsible for meeting the total rent.

Most tenancy agreements are very similar and describe a standard set of rights and responsibilities for both tenants and the landlord. Often there are a set of amendments at the end of the contract regarding additional conditions that pertain specifically to that property or the landlord's own preferences (such as not using sticky-tack on the walls or moving the lawn regularly). Tenancy agreements must however be deemed "fair" by law. Check the Office of Fair Trading's Guide to Unfair Terms in Tenancy Agreements if you think your agreement may be too favourable of your landlord. You can also get the university's student welfare advisers to look through your tenancy agreement and provide guidance before or after you sign.

Deposits

At the same time as signing your contract, you probably had to hand over a deposit somewhere between two- and three-hundred pounds. Since April 6th 2007, all deposits taken by landlords and letting agents (for Assured Shorthold Tenancies) must be protected by a tenancy deposit protection scheme. This is to ensure that disputes over deposit repayments are resolved properly through a third-party if necessary. Make sure your landlord knows this and has provided you with details of the protection scheme. For more information on deposits, consult Direct.gov.

Insurance

Most of the student lets in York are in houses without alarm systems and often with weak-framed, single-pane windows. Fortunately the burglary rate is very low, but you can never be too careful. Aside from taking all the usual precautions that YUSU remind you of, such as not leaving valuables on display, you should invest in your own insurance, as normally the landlord's insurance will not cover your possessions.

Council tax

If everyone living in your house is a full-time student then you are exempt from paying Council Tax. If only one person in your house is not a full-time student, then you must pay a reduced Council Tax bill. You can organise all this with the council online without the need to provide certificates of student status by following this link.

Your legal rights as a tenant

Firstly and most importantly, you have the right to "quiet enjoyment" of your home. This means that your landlord can not just show up when they like and expect to enter the house, much less enter using their own keys, without first giving you reasonable notice. Most landlords and letting agents tend to give 24 hours notice or more. If your landlord comes to your door and asks to enter the property without giving you notice, then unless it is an emergency, you are perfectly entitled to turn them away. If your landlord or letting agency informs you of a scheduled visit, it may be your legal responsibility to inform the rest of your housemates, especially if you are appointed "lead tenant" in the tenancy agreement - check your agreement if you are unsure. It is generally assumed that if one tenant has been informed, then all tenants have been.

If you signed your several tenancy agreement or are viewing a property as a prospective tenant after the 1st of October this year, then your landlord should make an Energy Performance Certificate for the property available to you. This allows you to see the potential costs for heating the house, general information on its energy efficiency and how it can be improved.

The landlord shouldn't carry out general maintenance (such as painting) unless you agree to it, and should not interfere with the way you would normally use the property.

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