Find out everything you need to know about a tenancy agreement, including what happens before you sign, types of tenancy and what’s included in your agreement.

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Understanding Your Tenancy Agreement

  • Video transcript

    [Introduction title slide showing the title ‘Understanding Tenancy Agreements: A practical guide to your rights and responsibilities’]

    Welcome to the University of Sussex’s guide to understanding tenancy agreements. This is a practical guide to your rights and responsibilities.

    [New slide titled ‘Main Elements of your Agreement: Types of Agreement’.
    Slide content reads:

    Two main types of agreement:
    AST (Assured Shorthold Tenancy) or Lodging Agreement (also “License to Occupy”)]

    We’re going to walk you through the main elements of your agreement, and we're going to start with distinguishing between two types of agreement.
    The first is an assured shorthold tenancy (or AST). The second is the lodging agreement or license to occupy, and these are quite different.

    [New slide titled ‘Types of Agreement’.

    Slide content reads:

    AST (Assured Shorthold Tenancy):
    •Fixed term (6 – 12 months, usually), and then proceeding to periodic monthly.
    •36x income or guarantor required to secure property.
    •Deposit must be protected in government-approved scheme.
    •Difficult to terminate early – replacement tenant typically required.
    •Cannot be evicted during fixed term using a Section 21 (no-fault) notice.
    •More protections, less flexibility.]

    With the assured shorthold tenancy, this is usually fixed term [from] 6 to 12 months, and then after that you would normally proceed into a periodic monthly contract - so that is in effect a rolling contract from month to month. A guarantor is usually required to secure the property under an AST agreement, and usually that guarantor has to be UK based with an income between 30 and 36 times the rental of the property. The deposit has to be protected in a government approved scheme. We'll talk a little bit more about that in the presentation.

    It's quite difficult and sometimes impossible to terminate these agreements early because these are legally binding contracts and it's only with the landlord's permission that you can then seek to replace a tenant, and this is a typical requirement in those contracts. You can't be evicted during the fixed term using a Section 21 ‘no-fault’ notice. I'm going to talk a little bit more about that too in the presentation.

    [New slide titled ‘Types of Agreement’.

    Slide content reads:

    Lodging Agreement (License):
    •No fixed term in most cases, monthly periodic contract.
    •No guarantor required.
    •Deposit not required to be protected.
    •In most cases, a month's notice can end the tenancy.
    •Can be told to leave at any time without a court order.
    •Fewer protections, more flexibility.]

    So in contrast, the License to Occupy or the lodging agreement, there is no fixed term in most cases. Usually this is a monthly periodic contract. There is no guarantor requirement. So in the situation where you are living in a landlord’s house and the landlord's property, the landlord is present, these types of agreements do not require a guarantor or a deposit.

    And in most cases, one month's notice can end the tenancy. But conversely, you can actually be asked to leave by the landlord without the landlord necessarily having to get a court order in order to do that.

    So the basic contrast here is between the AST, which allows you more protections but there is less flexibility, and contrast with the lodging agreement where there are fewer protections for you as a tenant, but you have more flexibility, for example, to move out in a relatively short space of time.

    [New slide titled ‘Types of Agreement’.

    Slide content reads:
    Contracts can be complex, and this advice may not be universal.
    Check your agreement in full!]

    Now contracts can be complex, and in this sense obviously what we're trying to do here is clarify what you need to be aware of when checking your agreement. You need to check your agreement in full, and you need to be careful not to sign a tenancy agreement unless you're absolutely certain about the terms and conditions that apply.

    [New slide titled ‘Sections to Expect’.

    Slide content reads:

    •Type of Agreement (AST/License plus bills inclusive/exclusive?)
    •Tenant, landlord, and property manager details
    •Costs, fees, and tenancy dates
    •Tenant Responsibilities
    •Landlord Responsibilities
    •Prescribed Information (How to Rent Guide, EPC, Gas Safety)]

    So the sections to expect in your agreement, it will state the type of agreement, just as we've explained, between an AST and a License to Occupy and also whether or not the contract is inclusive or exclusive of bills.

    All the details between the tenant, the landlord, the property manager, or the letting agent for example, should be within the contract, as should be the costs and any fees.

    And of course the tenancy dates themselves.

    Very importantly, you should read and make yourself aware of the tenancy with the tenants’ responsibilities. That means your responsibilities during the contract, during your tenancy, and also the landlord's responsibilities.

    You should also expect to get what's called prescribed information and we will talk a little bit more about that, but it includes things like the ‘How to Rent’ guide, the EPC, which is an electricity certificate, electricity rating and gas safety as well. So key things to do with health and safety, how to rent, and also if you are in an AST for example, you would expect to get information about your deposit protection scheme.

    [New slide titled ‘Guarantor Requirements’.

    Slide content reads:

    Most agents/landlords will require a guarantor when signing an AST (Assured Shorthold Tenancy).
    They will usually require your guarantor to be a UK resident who owns a home, and/or has a yearly income of 36x your share of the monthly rent.
    Example: £500pcm rent = £18,000 per year]

    So we'll talk about guarantors now.

    Most agents and landlords will require a guarantor when signing an AST. They will usually require your guarantor to be a UK resident who owns a home and/or has a yearly income of 36 times your share of the monthly rent. So for example, if you pay £500 per month in rent, then that salary equivalent is £18,000 per year.

    [New slide titled ‘Guarantors: University Scheme’.

    Slide content reads:

    If you don't have a UK guarantor and need one to move into private sector accommodation, you can apply for the University to act as one on your behalf if moving into a Sussex StudentPad property.

    Also present are two QR codes which link to the following pages:

    Apply for the University Guarantor Scheme: https://student.sussex.ac.uk/accommodation/private/signing-tenancy/guarantor-scheme

    Find a property on Sussex Studentpad: https://sussexstudentpad.co.uk ]

    Now, Sussex University has its own guarantor scheme and if you don't have a UK guarantor and need one of those to move into private sector accommodation, you can apply to the University for them to act on your behalf as a guarantor if moving into a Sussex Studentpad property.

    Now you can see here that there are two QR codes that we've provided. One is to apply for the University of Sussex Guarantor scheme and the other one is to find a property on Sussex Studentpad, and we would encourage you to look on Sussex Studentpad at the properties that are available.

    [New slide titled ‘Commercial Guarantor Providers’. The slide contains the logos for ‘Housing Hand’ and ‘Rent Guarantor’, which are respectively accompanied by two QR codes which link to the following pages:

    Housing Hand: https://housinghand.co.uk
    Rent Guarantor: https://rentguarantor.com

    Text is present stating that other schemes/companies may be available.]

    In some cases, if you cannot find a property on Sussex Studentpad and you're still looking for a guarantor but are unable to provide one on the basis of the requirements previously outlined, then you can apply to a commercial guarantor. We’ve put two of those on our screens now - one is Housing Hand, as you can see, there is a QR code for that, and the other one is Rent Guarantor.

    Other schemes and companies may be available. These are commercial companies who will provide a guarantor service for a small fee.

    [New slide titled ‘Guarantor Alternatives’.

    Slide content reads:

    Some landlords will accept advance rent in lieu of a guarantor.
    This can sometimes be negotiated, although this can frequently amount to 6 or more months’ rent, which for many is unaffordable.

    Landlords should not ask to have BOTH a guarantor AND rent in advance.]

    So, guarantor alternatives.

    Some landlords will accept advance rent in lieu of a guarantor. This can sometimes be negotiated, although we have found that this can frequently amount to six or more months rent, which for many is simply unaffordable.

    Importantly, landlords should not ask to have both a guarantor and rent in advance.

    [New slide titled ‘University Hardship Fund’.

    Slide content reads:

    The University has a Hardship Fund which you can apply to in cases where financial difficulties are impacting significantly on your ability to study.

    Search for ‘Hardship Fund’ in the Student Hub webpages, or scan the QR code to access the page.

    Also displayed is a QR code linking to the follow page: https://student.sussex.ac.uk/money/help/hardship ]

    The University has a hardship fund for those who would find it difficult financially.

    You can apply to the Hardship Fund in cases where those financial difficulties are impacting significantly on your ability to study. Simply search for ‘Hardship Fund’ in the Student Hub webpages or scan the QR code that you can see on screen.

    [New title slide reading ‘Deposits’. The speaker changes for this section.]

    So there are a number of deposits that you'll be expected to pay before you move into the property, the first of which is the holding deposit.

    [New slide titled ‘Holding Deposit’.

    Slide content reads:
    •Capped at 1 weeks' rent.
    •Secures the property – the landlord cannot take multiple holding deposits at the same time.
    •The landlord should have the paperwork/referencing processed within 15 days.
    •Refundable after signing, unless you fail a Right to Rent check, give false/misleading information, or do not proceed with renting.]

    So, this is capped at one week's rent.

    This will secure the property for you, and the landlord cannot take multiple holding deposits at the same time. So usually, you'll view a property and in order to secure that and take it off the market, you'll pay a one week's rent holding deposit.

    The landlord should have the paperwork and referencing processed within 15 days from the holding deposit being paid.

    And this is refundable after you sign it, unless you file a ‘Right to Rent’ check, give false or misleading information, or do not proceed with renting. This will either be refunded to the account you used to pay for it or it will form part of the 5-week security deposit.

    [New slide titled ‘Security Deposit’.

    Slide content reads:

    •Capped at 5 weeks' rent.
    •Used for damages, cleaning costs, and unpaid charges throughout the tenancy.
    •MUST be protected within 30 days under an AST in a government-approved scheme (resident landlords excluded).
    •If not protected, you are entitled to 1-3x your deposit in compensation, and the landlord cannot evict you under Section 21 unless refunded/protected.]

    So, before the beginning of the tenancy, you'll also be asked to pay a security deposit.

    This is capped at five weeks rent and is used for damages, cleaning costs, and any unpaid charges throughout the tenancy.

    This has to be protected within 30 days under an AST in a government approved scheme, unless you're renting through a resident landlord, who do not need to protect the deposit.

    If you are renting through a resident landlord and you've been asked to pay a security deposit, you should ask for a receipt of the payment to prove at the end of the tenancy that you did pay this.

    If the security deposit isn't protected within the time[frame], you are entitled to between 1 and 3 times your deposit back in compensation and the landlord cannot evict you under a Section 21 notice unless refunded or protected.

    [New slide titled ‘Government-Approved Deposit Schemes’ showing the logos for TDS, DPS, and MyDeposits.]

    So these are the three government approved deposit schemes. So we have TDS (Tenancy Deposit Scheme), we have DPS (the Deposit Protection Service), and mydeposits.

    These largely function similarly and they can all provide free arbitration at the end of the tenancy if there are any disagreements around your security deposit and the deductions that the landlord is trying to make.

    [New slide titled ‘Security Deposit’. The slide displays for the formulas for calculating the security deposit, which is as follows:

    (Monthly Rent * 12) / 52 * 5

    e.g. For a rent of £500 a month:

    £500 * 12 = £6000 (yearly)
    £6000 / 52 = £115.38 (weekly)

    Five week security deposit:
    £115.38 * 5 = £576.92]

    So here is the formula to calculate the security deposit and we would always recommend double checking the amount listed on your tenancy agreement. So for example, for a £500 a month rent, the maximum you should be paying is £576.92.

    [New slide titled ‘Commercial Providers’. Slide content reads:

    1.You pay a fee to the company.
    2.The landlord raises any deductions at the end of the tenancy.
    3.The landlord is reimbursed by the company.
    4.The company then pursue you for the costs.

    Reposit offers dispute adjudication for a fee, refunded if they side with you.

    Also present is a screenshot of the Reposit website, and text stating that other schemes/companies may be available.]

    If you don't have a five week security deposit available, there are a number of commercial providers, including Reposit and Zero Deposit.

    The way that these work is that:

    1. You pay a fee to the company.
    2. At the end of the tenancy, the landlord will raise any deductions.
    3. The landlord will be reimbursed by the company for the deductions made and then;
    4. The company will pursue you for the costs.

    If you disagree with the landlord at the end of the tenancy around any of the deductions, you do have to pay a fee in order for this to be looked at through Reposit, and several other schemes have a number of different charges as well.

    We would typically never recommend using one of these schemes as it will cost you more money in the long run, but if you don't have the five week security deposit available, this is an option for you.

    [New title slide reading ‘Tenant Fees Act 2019’]

    So the Tenant Fees Act 2019 is an important piece of legislation.

    [New slide titled ‘What is the Tenant Fees Act?’. Slide content reads:

    •Letting agents used to be able to charge for signing contracts, check-ins, check-outs, amongst other costs.
    •The Tenant Fees Act 2019 was introduced for tenancies beginning 1 June 2019 onwards.
    •Bans the majority of default fees, and specifies the permitted fees that landlords are allowed to charge.
    •Applies to all tenancies.]

    It was introduced in 2019 for tenancies beginning from the 1st of June 2019 onwards.

    So letting agents used to be able to charge for signing contracts, check-ins, check-outs and a whole host of other costs as well. It wasn't uncommon to be charged £300 of fees in addition to security deposits and rents in advance.

    So, the Tenant Fees Act came in to band the majority of default fees and specifies the permitted fees that landlords are able to charge.

    This applies to all tenancies, including resident landlords.

    [New slide titled ‘Permitted Fees’. Slide content reads:

    •1 week refundable holding deposit.
    •5 weeks’ security deposit.
    •£50 for amendment to tenancy, unless costs can be proved to be higher.
    •£5 - £20 for a replacement key, unless costs can be proved to be higher (i.e. door fob).
    •Payments associated with utilities, council tax, TV License.]

    So - the permitted fees, the list is quite short:

    so they can charge a one week's refundable holding deposit;

    the five weeks rent security deposit;

    £50 for an amendment to the tenancy unless they can prove that the costs are higher;

    £5 to £20 for a replacement key, depending on the type of key, or if they can prove it to be higher than this cost, such as for a specialized security key, they can provide an invoice and charge you for this;

    And then any payments associated with utilities, council tax or TV license, if these are covered in the rent.

    [New slide titled ‘Permitted Fees’. Slide content reads:

    Essentially, all costs must be evidenced and reasonable.
    The landlord cannot be placed in a position of betterment.]

    So all costs that the landlord passes on must be evidenced and reasonable, and they cannot be placed in a position of betterment.

    So this means that the landlord cannot profit from the fees that they're charging.

    [New slide titled ‘Prohibited Fees’. Slide content reads:

    •Check-in costs
    •Overcharging utilities
    •Arbitrary maintenance costs
    •Viewing fees
    •Check-out fees
    •Fines for breaking clauses]

    So in terms of prohibited fees:

    check-in costs are now banned;

    overcharging for utilities, so if utilities are included in the rent, the landlord shouldn't be able to profit from these;

    Arbitrary maintenance costs. So, for instance, if they send you a letter for £10, that would be illegal. And also they can't charge you a profit on any repair works that are done;

    Viewing fees;

    Checking out of the property;

    And fines for breaking clauses. So, you can be expected to pay compensation to the landlord where you breaking a clause has caused an item of repair, or perhaps if their insurance premiums have gone up, but they can't arbitrarily charge you a flat fee just because you break one of the clauses.

    [New slide titled ‘Landlord Penalties’. A table is shown showing the nature of the breach (2 types of breach in total); the penalty for the first offence; and the penalty for a further breach of that offence within 5 years.

    First row:

    Breach: Charging unlawful fees

    First Offence: Civil breach – up to £5,000 fine

    Further breach within 5 years: Criminal offence but financial penalties of up to £30,000 can be issued as an alternative to prosecution. The criminal offence would be a banning order offence under section 14 of the Housing and Planning Act 2016.

    Second row:

    Breach: Unlawfully retaining the holding deposit

    First Offence: Civil breach – up to £5,000 fine

    Further breach within 5 years: Civil breach – financial penalty of up to £5,000 fineNot a banning order offence]

    So the penalties are quite severe if the landlord does break the Tenant Fees Act.

    So for a first offense, they could be charged up to £5,000 and then any further breaches within five years can result in prosecution a fine of up to £30,000 or a banning order being placed.

    [New slide titled ‘Prohibited Fees’. The slide shows a screenshot of a problematic clause found in a tenancy agreement.
    The clause in question reads:

    2.19.2 To clean to a professional standard, the Property, its Fixtures and Fittings, including the cleaning of any carpets, curtains (including net curtains), blankets, bedding, upholstery, etc which have become soiled, stained, or marked during the Tenancy. To provide, upon request, receipts to the Landlord or his Agent to demonstrate compliance with this clause.]

    So these are some examples of prohibited fees that we've come across. So we see it quite often in tenancy agreements that landlords will try to charge for a professional clean by default - they are not allowed to do this.

    If the property does need cleaning, they have to provide you with an invoice, ideally itemized, which details each of the items of cleaning which are required. They can't require you to professionally clean the property at the end. The only obligation is that it matches the inventory from when you moved in.

    [New slide titled ‘Landlord Penalties’. This shows three tables in the same format listing the room location, item, and condition of said item.

    Table 1: Condition on Inventory

    Item (Bedroom 1 FFR): Chest of drawers, white
    Condition: Clean, in good working order

    Table 2: Condition on Check-out Report
    Item (Bedroom 1 FFR): Chest of drawers, white
    Condition: Clean, in good working order

    Below the table is a label reading ‘Unable to charge’ with a red X.

    Table 3: Condition on Check-out Report:
    Item (Bedroom 1 FFR): Chest of drawers, white
    Condition: Dust and debris to interior of drawers, requires cleaning

    Below the table is a label reading ‘Reasonable Cleaning Fee’ with a green tick mark.]

    So this is an example of a check out report and an inventory. Typically, you'll be given these in quite a similar format. So it should list the room that you're in and the item itself and also the condition of the item.

    So if you moved into the property and on the inventory, a chest of drawers were shown to be in good, clean working order and on the checkout report that matched, the landlord would not be able to charge you for cleaning or repair.

    If you did leave it dirty, then the landlord would be able to charge you a reasonable cleaning fee for this item.

    [New slide titled ‘Government Tenants’ Q&A’. Slide content reads: Scan to view the Government’s Tenant Fees Act 2019 guidance, or visit https:// gov.uk/government/publications/tenant-fees-act-2019-guidance

    Slide also contains a QR code which links to https://assets.publishing.service.gov.uk/media/5f745d69d3bf7f287328e5a5/Tenant_Fees_Act_-_Tenant_Guidance.pdf ]

    So the government have provided a really useful Q and A for the Tenant Fees Act for tenants, and this is extremely useful in quoting to letting agents, so we would highly recommend scanning this QR code and keeping a copy at-hand just in case you do have any disagreements at the end of the tenancy, or alternatively, if there's anything in the tenancy agreement before you moved in, it's really good to check this across.

    [New title slide reading ‘Tenants & Landlord Responsibilities’. The speaker changes back to the original speaker for the final duration of the presentation.]

    So we'll talk now about tenant and landlord responsibilities.

    [New slide titled ‘Tenants’ Responsibilities’. Slide content reads:

    •Joint and Several liability
    •Gardening
    •Windows and doors
    •Mould/damp prevention
    •Cleanliness
    •Noise/ASB
    •Financial liability (inc. Termination of agreement)]

    Tenants’ responsibilities - joint and several liability. You'll see this term in contracts, and what that means is that you and the other people that you share the house with are all responsible for the rent and for any bills;

    You will often find a clause in your contract about gardening and the need to maintain the garden, keep it clean and tidy;

    The same with windows and doors;

    Making sure that you keep the house aerated and free from mould and damp prevention;

    Making sure that the house is clean;

    That you act as good neighbours and do not create excess noise or ASB, which stands for anti-social behaviour - these can cause complaints;

    And, financial liability - for example, the termination of the agreement.

    [New slide titled ‘Landlord’s Responsibilities’. Slide content reads:

    Mandatory clauses to be included:
    •Structural integrity and maintenance
    •Notice periods (e.g. rent increases, eviction notices, etc)
    •Landlord and trade visits, inspections, viewings
    •Late payments
    Preferred clauses to be included:
    •Check-ins/inventory.
    •Early termination conditions.]

    The landlord's responsibilities, which split into mandatory and preferred.

    Mandatory responsibilities include:

    The structural integrity and maintenance of the property;

    Any notice periods, for example, rent increases or eviction notices;

    Any visits that are planned either by the landlord, the letting agent, or any trade visits. For example, the electricians or any tradesmen that need access to the property, including inspections and also any viewings for future tenants;

    Late payments, and landlords would usually put clauses in about late payments and you should read those carefully.

    What is preferred in contracts is:

    To see a check-in or inventory, and that's important because it allows you the opportunity to make sure that that inventory is accurate;

    Sometimes you'll find that there are early termination conditions in a contract, and this can be helpful because it clarifies what would happen if you needed to leave the property before the end of the contract.

    [New slide titled ‘Landlord’s Responsibilities’. Slide content reads:

    ‘Preferred clauses to be included (example of inventory clause):’

    A screenshot from a tenancy agreement accompanies this, reading:

    ‘3. Contents

    3.1 The Tenant shall keep the Contents in good and clean condition and shall return the Contents to the Landlord at the end of the Tenancy in the same state (except for fair wear and tear) as detailed on the inventor and Schedule of Condition.

    3.2 The Landlord and Tenant consent to the use of the inventory and Schedule of Condition as evidence in any dispute aiding in connection with the Deposit if the dispute is referred to an adjudicator according to the TDS in which the Deposit is held.’]

    I mentioned the check-in inventory. This is an example of a clause that you might find, and this is related to the idea that in order to get your deposit back at the end of the contract, it's your responsibility to keep the property clean and more or less in the same condition as you find it when you moved in.

    This is why the inventory and the condition of the property on entry is really important - so you can compare that to the condition of the property when you leave, and if they are more or less the same, then you can argue to get most or all of your deposit back.

    [New slide titled ‘Landlord’s Responsibilities’. Slide content reads:

    ‘Preferred clauses to be included (Example of early termination clause):’

    A screenshot from a tenancy agreement accompanies this, reading:

    8. Assignment or Subletting

    8.1 The Tenant shall not assign, sublet, part with or share possession of the whole or any part of the Property without the prior written consent of the Landlord.

    8.2 The Tenant has agreed to occupy the Property for the Term. Where the Tenant is more than one person and any individual tenant wishes to vacate the Property during the Term, that individual tenant (‘the Exiting Tenant’) must obtain prior written consent from the Landlord or the Agent. The Exiting Tenant must find a Suitable Tenant replacement who will need to be approved by the Landlord or Agent. Before the Exiting Tenant can be released from their obligations under this agreement:

    (a) The Exiting Tenant must pay any costs incurred for amending the tenancy agreement in the sum of £50.00 (inc. VAT) or for any reasonable costs incurred if these are higher than £50.
    (b) The remaining Tenants(s) occupying the Property must confirm in writing that there are no outstanding monies payable, and that there are no further deposit deductions to be applied to the Exiting Tenant;
    (c) The Tenant must enter into a Surrender of Tenancy with the Landlord; and
    (d) The Suitable Tenant and the remaining Tenant(s) occupying the Property must enter into a new Assured Shorthold Tenancy Agreement with the Landlord by providing a satisfactory rental reference, guarantor and comply with right to rent checks.

    8.3 Where the Landlord agrees to early termination of the Term at the Tenant’s request, the Landlord or Agent will be entitled to recover their costs related to early termination of the Term, such costs not to exceed the loss incurred by the Landlord or reasonable costs incurred by the Agent in re-letting the Property.’]

    This is the sort of clause that you might see for early termination - some of this relates to not being allowed to sublet your room and the property. That is not allow someone else to stay there if you have to move out without the prior permission of the landlord or letting agent, and can include things like what would be required for you if you wanted to leave the property early.

    [New slide titled ‘Tenancy Issues: Common Issues’. Slide content reads:

    •Repairs / Damage
    •Inventory (items missing, not as described)
    •Finance (e.g. late payments, bills)
    •Deposit returns
    •Landlord communication
    •Disruptions by tradespeople, viewings, inspections, etc
    •Neighbour complaints]

    So, tenancy issues. Common issues that we find are:

    That at the end of the contract or during the contract there are repairs needed or there is damage to the property;

    And the inventory items might be missing or not as described. That's why it's important that you make a note of anything that is missing or not as described when you move into the property;

    Sometimes late payments can cause charges to be applied, and if bills are not paid, then again, that can cause some issues within the property;

    Deposit returns are the one issue that we find the most in terms of the contention between what the landlord is going to charge in terms of any deductions from the deposit and what the tenants usually consider to be what would be fair. So this can be an issue, and this is also why when we are talking about the inventory and the condition of the property, that it's really important that you record at the beginning and record at the end of your tenancy the condition of the property itself so that you can have an evidence base to argue for the maximum amount of the deposit to be returned;

    Sometimes communication between tenants and landlords and also letting agents can be problematic. The lack of communication sometimes, or for example, that the channels of communication are somehow not quite right. For example, if the telephone numbers that are in the tenancy agreement or the email addresses that are in the tenancy agreement have changed and so therefore it's difficult to make contact;

    We have found that sometimes disruptions to a tenancy, usually because of things like the arrival of tradespeople that need to do work, other viewings from tenants that might be looking to move in towards the end of your contract, or any inspections can sometimes happen at very short notice;

    And then finally, neighbour complaints. This is something that we have found with things like excessive noise if you're in the property and also if there were any anti-social behaviours that are in evidence.

    [New title slide reading ‘Tenancy Checklist’.]

    Now we've provided on our website a tenancy checklist, and we strongly recommend that you that you look at the pages, they’re comprehensive in terms of the guidance.

    [New slide titled ‘Tenancy Checklist’. Slide content reads:

    Tenancy agreements are legal documents. Once signed and dated by you and the landlord, you will be responsible for the duration of the agreement!

    Under an Assured Shorthold Tenancy you will usually be ‘Joint and severally liable’ - All equally responsible for the property and payments.

    Can be for a fixed period of time- e.g. 12 months or can be periodic - Month to month.]

    So, the tenancy checklist. We’ve put there the legal document - once signed and dated by you and the landlord, you will be responsible for the duration of the agreement. This is really important. It's very important you can commit to the entire length of your contract and make sure that you understand the terms and conditions within that legal document so that you know what you are signing up to.

    [New slide titled ‘Tenancy Checklist’. Slide content reads:

    •Type of agreement – AST or licence
    •Names of all people involved (Landlord and/or Agent and tenants)
    •Property address
    •Start/end date of the tenancy (contract dates)
    •Rental amount and how it’s paid
    •Deposit amount and deposit protection scheme information
    •When the deposit can be fully or partly withheld, e.g. to repair damage caused by tenants
    •Permitted fees during the tenancy
    •Tenant and Landlord obligations
    •Notice period for tenant and landlord
    •Which bills tenants are responsible for]

    Under an Assured Shorthold Tenancy, you will usually be joint and severally liable. We discussed that before, where you are all equally responsible for the property and all the payments of that property.

    It's usually a fixed period of time for the contract 12 months or can be periodic month to month. But in the first instance you will usually find that you will have a fixed term of between 6 and 12 months.

    So look out for: The type of agreement;

    whether or not it's an Assured Shorthold Tenancy or License;

    the names of all the people involved; the property address;

    the start and end date of the tenancy; the rental amount and how it's paid;

    the deposit amount and deposit protection scheme information;

    when the deposit can be fully or partly withheld - for example, to repair damage caused by tenants;

    permitted fees during the tenancy;

    tenant and landlord obligations that we've just discussed;

    and the notice period for tenants and landlords;

    and also if applicable, which bills tenants are responsible for.

    [New title slide reading ‘University Support’.]

    Now, the University provides support for students who are in the private sector in Assured Shorthold Tenancies and with Licenses to Occupy.

    [New slide titled ‘Private Sector & Communities Team’ containing a QR code linking to the following page: https://student.sussex.ac.uk/accommodation/

    Slide content reads:

    •Private Sector Support Events
    •Sussex StudentPad
    •Community Ambassadors
    •Tenancy Agreement Checks
    •Advice Appointments
    •Student Hub Advice Pages]

    We've put the QR code on screens so that you can easily access the Housing Services Student Hub.

    The Private Sector and Communities Team offer private sector support events;

    We are administrators for the Sussex Studentpad site;

    We have a number of community ambassadors who are out in the community on a regular basis;

    We provide tenancy agreement checks themselves. So if you are unsure about anything in your tenancy agreement, you can send a PDF of that tenancy agreement to us at Housing Services and we will review that for you. Please note that we do not offer legal advice, but we have seen a lot of these agreements and can help spot any red flags or issues that you might want to clarify with your landlord or letting agent;

    We also have some appointments available for specific advice or if you have a specific issue about your tenancy;

    and we run the Student Hub advice pages, which are again comprehensive in terms of the amount of information and process that you need to follow. Sussex Students’ Union also provide support.

    [New slide titled ‘Sussex Students’ Union Support’ containing a QR code linking to the following page: https://sussexstudent.com/about-us/contact

    Slide content reads:

    The Student Union advice team provide advice on University-related issues and housing for every Sussex student.]

    The Students’ Union Advice team provide advice on University-related issues and housing for every Sussex student.

    Their pages are available through that QR code.

    [New title slide reading ‘External Support’]

    And there are also external support services too.

    [New slide titled ‘External Support: Shelter & Citizens Advice’ containing QR codes linking to the respective pages:

    Shelter: https://england.shelter.org.uk/
    Citizens Advice: https://www.citizensadvice.org.uk/

    Slide content reads:

    Shelter and Citizens Advice offer excellent support resources, and advisors can provide free legal advice.]

    The two most common advice and guidance sites that are available are Shelter and Citizens Advice. They offer excellent support resources and advisors can provide free legal advice. So please use these QR codes and check out Shelter and Citizens Advice - very, very useful sites for you.

    [New slide titled ‘Brighton & Hove City Council’ containing a QR code linking to the following page: https://www.brighton-hove.gov.uk/ ]

    The local council, Brighton and Hove [City Council], also have information on housing and you can access that through the QR code on screen.

    [End of presentation.]

     


Before you sign your tenancy agreement

You will be asked to prove your right to rent in the UK, and may be asked to provide a reference and/or guarantor before your landlord or letting agent draws up your tenancy agreement to sign. This is to check you are eligible to rent the property.

References

Your new landlord or letting agent may want to see evidence that you have been a good tenant, for example, paying your rent on time.

To prove this, you can usually request a reference from your previous landlord, or if your last address was in University-managed accommodation, you can ask for a reference from us.

If you are unable to provide a reference from a previous landlord, you may be asked for a character reference or an employer reference. You should check the kind of reference your landlord or letting agent requires. They may also ask for proof that you are, or will be, a student.

Guarantors

Most landlords and letting agents require a UK-based homeowner to act as a guarantor for your tenancy and agree to take liability for any unpaid rent or charges above the security deposit amount.

The university operates a guarantor scheme. In some cases, we can act as a guarantor for you.

Proving your right to rent in the UK

Landlords and letting agents are legally required to carry out checks relating to the immigration status of all their tenants to make sure that they have the right to rent in the UK. This applies to all over the age of 18 living in private rented accommodation.

Find out how to prove your right to rent in the UK.


Types of tenancy agreement 

You may be asked to sign either an assured shorthold tenancy or a licence to occupy agreement.

The agreement you are given depends on:

  • whether your landlord lives with you, or in the same building
  • the type of housing you live in.

The type of agreement you are given outlines the rights and responsibilities for you and your landlord.

You should ensure you have received a written agreement before moving into the property.

Agreements usually include:

  • full name of the landlord and all tenants living in the property
  • address of the property that you will be renting
  • start and end date of the tenancy
  • how much the rent will be and how it should be paid
  • a rent review clause after the initial fixed term
  • who will be responsible for paying any utility bills, internet or council tax
  • information outlining your responsibilities, for example, reporting any repairs promptly
  • landlords responsibilities, for example, maintenance obligations 
  • how your tenancy deposit will be protected and any reasons the landlord or letting agent may have for taking money from the deposit 
  • rules on ending the tenancy
  • information about how the landlord can take back possession of the property.

Free tenancy check service

Important: Students can self serve by referring to our two sample agreements, Resident Landlord Licence Agreement and Assured Shorthold Tenancy. Please note - these are sample documents and for reference only. If you require further advice and guidance, Housing Services offers a free tenancy check service where by appointment, a member of the team can sit with you and talk through the document before you sign. Landlords or letting agents should allow you 48 hours to seek advice on the document before you sign. Email a copy of the agreement to housing@sussex.ac.uk. Alternatively, you can book an appointment with the Student Union Advocacy Team.


Assured shorthold tenancy

If you live in a private house or an apartment by yourself or with housemates, and the landlord does not live there, you are most likely to have an assured shorthold tenancy agreement. See an example of an assured shorthold tenancy agreement [PDF 614KB].

The agreement is usually for a fixed period of six or 12 months, or you could be given a periodic tenancy, which runs weekly or monthly. You may sign a joint tenancy agreement or an individual tenancy agreement.

By law, when signing an assured shorthold tenancy, your landlord or letting agent must provide you with the following documents:

  • gas safety certificate: if the property has gas appliances and/or gas central heating the landlord must by law have a gas registered engineer check the safety of these every year
  • energy performance certificate: the property must have a rating of E or above to be let. The closer the rating is to A the more energy efficient the property will be
  • the Government's How to Rent guide: this guide takes you through the process of renting
  • deposit protection information: this will outline which government protection scheme the landlord or letting agent has registered your deposit with.

In addition to the documents required by law above, you should ask for the following:

  • electrical condition report: this is an assessment of the condition of the electrics in the property and will be carried out periodically
  • House of Multiple Occupancy Licence: this is issued by the city council to landlords or letting agents who let out properties with three or more unrelated people living together across two floors. You should check that your property has a licence if required.

Important: Once the agreement is signed and dated by you and the landlord, it becomes a legally binding document. You should always read through it carefully before signing and seek advice on any terms you do not understand. Our housing services team will read through your tenancy agreement and advise you on the terms for free.

Joint tenancy

You will have a joint tenancy if you signed one single agreement that includes you and your housemates names on the contract. This means you all have equal responsibility for the property and payments connected with the agreement, including rent.

Rent

You will each pay a share of the rent, however if one of your housemates does not pay their share, the landlord will be entitled to ask that any of the other tenants in the house cover the costs.

Damages

You are all responsible for looking after the whole property, so the security deposit that everyone contributed towards will cover any damage regardless of who caused it.

Leaving a joint tenancy

Leaving a tenancy once it has started can be difficult, unless there is a specific break clause in the agreement, which states that after a certain amount of time you can give notice to the landlord.

If there is no break clause you will be responsible for the property until the end of the tenancy.

In certain agreements there will be a clause allowing you to leave if you find someone to replace you. The landlord will have to agree to this and your housemates will usually have a choice in whether they accept your replacement. There may also be a fee of £50 (or more if the landlord can prove it has been more costly).

Individual tenancy

On occasion landlords and letting agents will provide an individual tenancy to each person sharing the house, so you will have a contract that is just between you and the landlord.

The agreement will be specific for a room that you alone are responsible for and paying the rent for, but you will still have joint access to the communal areas such as the kitchen or bathroom.

You will have sole responsibility for any damage done to your room, but may also still have responsibility for the communal areas.

If any of your housemates do not pay their rent and you have an individual tenancy then this will not affect you, as you will only be responsible for your rent.

There are some disadvantages to individual tenancies for example, if one of your housemates leaves, you will have no say in who replaces them and you also may have to buy your own TV Licence.

Unfair clauses

When you receive an agreement, it should be written so that it is easy for you to understand.

You should always be given at least 24 hours to take your agreement away and have it checked. Never be pressured to sign a tenancy on the spot.

Terms and conditions in the agreement must be fair to both parties and legal.

Some clauses written into the agreement are not automatically legal and enforceable.

Sometimes, an agreement may include ‘unfair clauses’ such as:

  • increasing the rent during the fixed term without notice
  • the landlord or letting agent not taking any maintenance responsibilities
  • stating that the landlord or letting agent can make spot check visits without giving notice (unless it is an emergency).

Tip: The Tenant Fee Act came into effect on 1 June 2019, and bans certain letting fees, caps the holding fee to one week’s rent and the security deposit to five weeks rent. This applies to all new tenancy and license agreements signed on or after 1 June 2019. For more information see the Government guidance for tenants.

Bills included

Some tenancies include energy bills as part of the agreement. It is important that you check your tenancy agreement for ‘fair usage’ clauses.


Licence to occupy agreements

If you live with a resident landlord or host family, your agreement will be a licence agreement rather than an assured shorthold tenancy. See an example of a licence agreement with a resident landlord [PDF 104KB].

The differences between these agreements are:

  • a licence gives you permission to occupy a room within the landlord’s home, whereas an assured shorthold tenancy gives you exclusive use of a property
  • your protection from eviction will be different, if you have a licence your landlord can ask you to leave after giving you appropriate notice (usually one month’s notice if you pay monthly or a week’s notice if you pay weekly). If you have an assured shorthold tenancy you will usually have the right to stay until the end of the fixed term, and if the landlord wants you to leave during the tenancy they have to apply for a court order
  • a licence gives the landlord access to your room and they do not need to give you notice to go in, whether that’s for cleaning or decoration. With an assured shorthold tenancy the landlord has to give at least 24 hours notice to visit the property (unless it’s an emergency)
  • a licence means that if the landlord sells their property the new owner does not have to honour the agreement and can ask that you leave
  • under a licence agreement the landlord does not have to protect your deposit in a protection scheme.

When entering into a licence agreement, make sure you ask for receipt of payment and never pay in cash.

Check that you are receiving the right kind of agreement when you are moving into a property. Shelter’s tenancy checker can help you understand which agreement you have been given.

In addition to this if you require legal advice with regards to your tenancy agreement, this can be sought for free through the following services:

Citizens advice
Shelter

When you find a property you like, you will usually be required to pay the following fees before moving in:

Fees payable before moving in
Fees payableCost
Holding Fee (Capped at one week’s rent) £135 (one week’s rent per person)
First month’s rent in advance (£135 per person, per week) £585
Deposit (capped at five weeks rent) £675
Total before holding fee taken off £1260
Holding fee -£135
Total per person

£1125 per  person

(Example prices based on 1 person sharing a 4-bed house).

2. At the end of the tenancy, the landlord will raise any deductions.3. The landlord will be reimbursed by the company for the deductions madeand then;4. The company will pursue you for the costs.If you disagree with the landlord at the end of the tenancy around any ofthe deductions, you do have to pay a fee in order for this to be lookedat through Reposit, and several other schemes have a number of differentcharges as well.We would typically never recommend using one of these schemes as it willcost you more money in the long run, but if you don't have the five weeksecurity deposit available, this is an option for you.[New title slide reading ‘Tenant Fees Act 2019’]So the Tenant Fees Act 2019 is an important piece of legislation.[New slide titled ‘What is the Tenant Fees Act?’. Slide content reads:•Letting agents used to be able to charge for signing contracts, check-ins, check-outs, amongst other costs.•The Tenant Fees Act 2019 was introduced for tenancies beginning 1 June2019 onwards.•Bans the majority of default fees, and specifies the permitted fees thatlandlords are allowed to charge.•Applies to all tenancies.]It was introduced in 2019 for tenancies beginning from the 1st of June2019 onwards.So letting agents used to be able to charge for signing contracts, check-ins, check-outs and a whole host of other costs as well. It wasn'tuncommon to be charged £300 of fees in addition to security deposits andrents in advance.So, the Tenant Fees Act came in to band the majority of default fees andspecifies the permitted fees that landlords are able to charge.This applies to all tenancies, including resident landlords.[New slide titled ‘Permitted Fees’. Slide content reads:•1 week refundable holding deposit.•5 weeks’ security deposit.•£50 for amendment to tenancy, unless costs can be proved to be higher.•£5 - £20 for a replacement key, unless costs can be proved to be higher(i.e. door fob).•Payments associated with utilities, council tax, TV License.]So - the permitted fees, the list is quite short:so they can charge a one week's refundable holding deposit;the five weeks rent security deposit;£50 for an amendment to the tenancy unless they can prove that the costsare higher;£5 to £20 for a replacement key, depending on the type of key, or if theycan prove it to be higher than this cost, such as for a specializedsecurity key, they can provide an invoice and charge you for this;And then any payments associated with utilities, council tax or TVlicense, if these are covered in the rent.[New slide titled ‘Permitted Fees’. Slide content reads:Essentially, all costs must be evidenced and reasonable.The landlord cannot be placed in a position of betterment.]So all costs that the landlord passes on must be evidenced andreasonable, and they cannot be placed in a position of betterment.So this means that the landlord cannot profit from the fees that they'recharging.[New slide titled ‘Prohibited Fees’. Slide content reads:•Check-in costs•Overcharging utilities•Arbitrary maintenance costs•Viewing fees•Check-out fees•Fines for breaking clauses]So in terms of prohibited fees:check-in costs are now banned;overcharging for utilities, so if utilities are included in the rent, thelandlord shouldn't be able to profit from these;Arbitrary maintenance costs. So, for instance, if they send you a letterfor £10, that would be illegal. And also they can't charge you a profiton any repair works that are done;Viewing fees;Checking out of the property;And fines for breaking clauses. So, you can be expected to paycompensation to the landlord where you breaking a clause has caused anitem of repair, or perhaps if their insurance premiums have gone up, butthey can't arbitrarily charge you a flat fee just because you break oneof the clauses.[New slide titled ‘Landlord Penalties’. A table is shown showing thenature of the breach (2 types of breach in total); the penalty for thefirst offence; and the penalty for a further breach of that offencewithin 5 years.First row:Breach: Charging unlawful feesFirst Offence: Civil breach – up to £5,000 fineFurther breach within 5 years: Criminal offence but financial penaltiesof up to £30,000 can be issued as an alternative to prosecution. Thecriminal offence would be a banning order offence under section 14 of theHousing and Planning Act 2016.Second row:Breach: Unlawfully retaining the holding depositFirst Offence: Civil breach – up to £5,000 fineFurther breach within 5 years: Civil breach – financial penalty of up to£5,000 fineNot a banning order offence]So the penalties are quite severe if the landlord does break the TenantFees Act.So for a first offense, they could be charged up to £5,000 and then anyfurther breaches within five years can result in prosecution a fine of upto £30,000 or a banning order being placed.[New slide titled ‘Prohibited Fees’. The slide shows a screenshot of aproblematic clause found in a tenancy agreement.The clause in question reads:2.19.2 To clean to a professional standard, the Property, its Fixturesand Fittings, including the cleaning of any carpets, curtains (includingnet curtains), blankets, bedding, upholstery, etc which have becomesoiled, stained, or marked during the Tenancy. To provide, upon request,receipts to the Landlord or his Agent to demonstrate compliance with thisclause.]So these are some examples of prohibited fees that we've come across. Sowe see it quite often in tenancy agreements that landlords will try tocharge for a professional clean by default - they are not allowed to dothis.If the property does need cleaning, they have to provide you with aninvoice, ideally itemized, which details each of the items of cleaningwhich are required. They can't require you to professionally clean theproperty at the end. The only obligation is that it matches the inventoryfrom when you moved in.[New slide titled ‘Landlord Penalties’. This shows three tables in thesame format listing the room location, item, and condition of said item.Table 1: Condition on InventoryItem (Bedroom 1 FFR): Chest of drawers, whiteCondition: Clean, in good working orderTable 2: Condition on Check-out ReportItem (Bedroom 1 FFR): Chest of drawers, whiteCondition: Clean, in good working orderBelow the table is a label reading ‘Unable to charge’ with a red X.Table 3: Condition on Check-out Report:Item (Bedroom 1 FFR): Chest of drawers, whiteCondition: Dust and debris to interior of drawers, requires cleaningBelow the table is a label reading ‘Reasonable Cleaning Fee’ with a greentick mark.]So this is an example of a check out report and an inventory. Typically,you'll be given these in quite a similar format. So it should list theroom that you're in and the item itself and also the condition of theitem.So if you moved into the property and on the inventory, a chest ofdrawers were shown to be in good, clean working order and on the checkoutreport that matched, the landlord would not be able to charge you forcleaning or repair.If you did leave it dirty, then the landlord would be able to charge youa reasonable cleaning fee for this item.[New slide titled ‘Government Tenants’ Q&A’. Slide content reads: Scan toview the Government’s Tenant Fees Act 2019 guidance, or visit https://gov.uk/government/publications/tenant-fees-act-2019-guidanceSlide also contains a QR code which links tohttps://assets.publishing.service.gov.uk/media/5f745d69d3bf7f287328e5a5/Tenant_Fees_Act_-_Tenant_Guidance.pdf ]So the government have provided a really useful Q and A for the TenantFees Act for tenants, and this is extremely useful in quoting to lettingagents, so we would highly recommend scanning this QR code and keeping acopy at-hand just in case you do have any disagreements at the end of thetenancy, or alternatively, if there's anything in the tenancy agreementbefore you moved in, it's really good to check this across.[New title slide reading ‘Tenants & Landlord Responsibilities’. Thespeaker changes back to the original speaker for the final duration ofthe presentation.]So we'll talk now about tenant and landlord responsibilities.[New slide titled ‘Tenants’ Responsibilities’. Slide content reads:•Joint and Several liability•Gardening•Windows and doors•Mould/damp prevention•Cleanliness•Noise/ASB•Financial liability (inc. Termination of agreement)]Tenants’ responsibilities - joint and several liability. You'll see thisterm in contracts, and what that means is that you and the other peoplethat you share the house with are all responsible for the rent and forany bills;You will often find a clause in your contract about gardening and theneed to maintain the garden, keep it clean and tidy;The same with windows and doors;Making sure that you keep the house aerated and free from mould and dampprevention;Making sure that the house is clean;That you act as good neighbours and do not create excess noise or ASB,which stands for anti-social behaviour - these can cause complaints;And, financial liability - for example, the termination of the agreement.[New slide titled ‘Landlord’s Responsibilities’. Slide content reads:Mandatory clauses to be included:•Structural integrity and maintenance•Notice periods (e.g. rent increases, eviction notices, etc)•Landlord and trade visits, inspections, viewings•Late paymentsPreferred clauses to be included:•Check-ins/inventory.•Early termination conditions.]The landlord's responsibilities, which split into mandatory andpreferred.Mandatory responsibilities include:The structural integrity and maintenance of the property;Any notice periods, for example, rent increases or eviction notices;Any visits that are planned either by the landlord, the letting agent, orany trade visits. For example, the electricians or any tradesmen thatneed access to the property, including inspections and also any viewingsfor future tenants;Late payments, and landlords would usually put clauses in about latepayments and you should read those carefully.What is preferred in contracts is:To see a check-in or inventory, and that's important because it allowsyou the opportunity to make sure that that inventory is accurate;Sometimes you'll find that there are early termination conditions in acontract, and this can be helpful because it clarifies what would happenif you needed to leave the property before the end of the contract.[New slide titled ‘Landlord’s Responsibilities’. Slide content reads:‘Preferred clauses to be included (example of inventory clause):’A screenshot from a tenancy agreement accompanies this, reading:‘3. Contents3.1 The Tenant shall keep the Contents in good and clean condition andshall return the Contents to the Landlord at the end of the Tenancy inthe same state (except for fair wear and tear) as detailed on theinventor and Schedule of Condition.3.2 The Landlord and Tenant consent to the use of the inventory andSchedule of Condition as evidence in any dispute aiding in connectionwith the Deposit if the dispute is referred to an adjudicator accordingto the TDS in which the Deposit is held.’]I mentioned the check-in inventory. This is an example of a clause thatyou might find, and this is related to the idea that in order to get yourdeposit back at the end of the contract, it's your responsibility to keepthe property clean and more or less in the same condition as you find itwhen you moved in.This is why the inventory and the condition of the property on entry isreally important - so you can compare that to the condition of theproperty when you leave, and if they are more or less the same, then youcan argue to get most or all of your deposit back.[New slide titled ‘Landlord’s Responsibilities’. Slide content reads:‘Preferred clauses to be included (Example of early termination clause):’A screenshot from a tenancy agreement accompanies this, reading:8. Assignment or Subletting8.1 The Tenant shall not assign, sublet, part with or share possession ofthe whole or any part of the Property without the prior written consentof the Landlord.8.2 The Tenant has agreed to occupy the Property for the Term. Where theTenant is more than one person and any individual tenant wishes to vacatethe Property during the Term, that individual tenant (‘the ExitingTenant’) must obtain prior written consent from the Landlord or theAgent. The Exiting Tenant must find a Suitable Tenant replacement whowill need to be approved by the Landlord or Agent. Before the ExitingTenant can be released from their obligations under this agreement:(a) The Exiting Tenant must pay any costs incurred for amending thetenancy agreement in the sum of £50.00 (inc. VAT) or for any reasonablecosts incurred if these are higher than £50.(b) The remaining Tenants(s) occupying the Property must confirm inwriting that there are no outstanding monies payable, and that there areno further deposit deductions to be applied to the Exiting Tenant;(c) The Tenant must enter into a Surrender of Tenancy with the Landlord;and(d) The Suitable Tenant and the remaining Tenant(s) occupying theProperty must enter into a new Assured Shorthold Tenancy Agreement withthe Landlord by providing a satisfactory rental reference, guarantor andcomply with right to rent checks.8.3 Where the Landlord agrees to early termination of the Term at theTenant’s request, the Landlord or Agent will be entitled to recover theircosts related to early termination of the Term, such costs not to exceedthe loss incurred by the Landlord or reasonable costs incurred by theAgent in re-letting the Property.’]This is the sort of clause that you might see for early termination -some of this relates to not being allowed to sublet your room and theproperty. That is not allow someone else to stay there if you have tomove out without the prior permission of the landlord or letting agent,and can include things like what would be required for you if you wantedto leave the property early.[New slide titled ‘Tenancy Issues: Common Issues’. Slide content reads:•Repairs / Damage•Inventory (items missing, not as described)•Finance (e.g. late payments, bills)•Deposit returns•Landlord communication•Disruptions by tradespeople, viewings, inspections, etc•Neighbour complaints]So, tenancy issues. Common issues that we find are:That at the end of the contract or during the contract there are repairsneeded or there is damage to the property;And the inventory items might be missing or not as described. That's whyit's important that you make a note of anything that is missing or not asdescribed when you move into the property;Sometimes late payments can cause charges to be applied, and if bills arenot paid, then again, that can cause some issues within the property;Deposit returns are the one issue that we find the most in terms of thecontention between what the landlord is going to charge in terms of anydeductions from the deposit and what the tenants usually consider to bewhat would be fair. So this can be an issue, and this is also why when weare talking about the inventory and the condition of the property, thatit's really important that you record at the beginning and record at theend of your tenancy the condition of the property itself so that you canhave an evidence base to argue for the maximum amount of the deposit tobe returned;Sometimes communication between tenants and landlords and also lettingagents can be problematic. The lack of communication sometimes, or forexample, that the channels of communication are somehow not quite right.For example, if the telephone numbers that are in the tenancy agreementor the email addresses that are in the tenancy agreement have changed andso therefore it's difficult to make contact;We have found that sometimes disruptions to a tenancy, usually because ofthings like the arrival of tradespeople that need to do work, otherviewings from tenants that might be looking to move in towards the end ofyour contract, or any inspections can sometimes happen at very shortnotice;And then finally, neighbour complaints. This is something that we havefound with things like excessive noise if you're in the property and alsoif there were any anti-social behaviours that are in evidence.[New title slide reading ‘Tenancy Checklist’.]Now we've provided on our website a tenancy checklist, and we stronglyrecommend that you that you look at the pages, they’re comprehensive interms of the guidance.[New slide titled ‘Tenancy Checklist’. Slide content reads:Tenancy agreements are legal documents. Once signed and dated by you andthe landlord, you will be responsible for the duration of the agreement!Under an Assured Shorthold Tenancy you will usually be ‘Joint andseverally liable’ - All equally responsible for the property andpayments.Can be for a fixed period of time- e.g. 12 months or can be periodic -Month to month.]So, the tenancy checklist. We’ve put there the legal document - oncesigned and dated by you and the landlord, you will be responsible for theduration of the agreement. This is really important. It's very importantyou can commit to the entire length of your contract and make sure thatyou understand the terms and conditions within that legal document sothat you know what you are signing up to.[New slide titled ‘Tenancy Checklist’. Slide content reads:•Type of agreement – AST or licence•Names of all people involved (Landlord and/or Agent and tenants)•Property address•Start/end date of the tenancy (contract dates)•Rental amount and how it’s paid•Deposit amount and deposit protection scheme information•When the deposit can be fully or partly withheld, e.g. to repair damagecaused by tenants•Permitted fees during the tenancy•Tenant and Landlord obligations•Notice period for tenant and landlord•Which bills tenants are responsible for]Under an Assured Shorthold Tenancy, you will usually be joint andseverally liable. We discussed that before, where you are all equallyresponsible for the property and all the payments of that property.It's usually a fixed period of time for the contract 12 months or can beperiodic month to month. But in the first instance you will usually findthat you will have a fixed term of between 6 and 12 months.So look out for: The type of agreement;whether or not it's an Assured Shorthold Tenancy or License;the names of all the people involved; the property address;the start and end date of the tenancy; the rental amount and how it'spaid;the deposit amount and deposit protection scheme information;when the deposit can be fully or partly withheld - for example, to repairdamage caused by tenants;permitted fees during the tenancy;tenant and landlord obligations that we've just discussed;and the notice period for tenants and landlords;and also if applicable, which bills tenants are responsible for.[New title slide reading ‘University Support’.]Now, the University provides support for students who are in the privatesector in Assured Shorthold Tenancies and with Licenses to Occupy.[New slide titled ‘Private Sector & Communities Team’ containing a QRcode linking to the following page:https://student.sussex.ac.uk/accommodation/Slide content reads:•Private Sector Support Events•Sussex StudentPad•Community Ambassadors•Tenancy Agreement Checks•Advice Appointments•Student Hub Advice Pages]We've put the QR code on screens so that you can easily access theHousing Services Student Hub.The Private Sector and Communities Team offer private sector supportevents;We are administrators for the Sussex Studentpad site;We have a number of community ambassadors who are out in the community ona regular basis;We provide tenancy agreement checks themselves. So if you are unsureabout anything in your tenancy agreement, you can send a PDF of thattenancy agreement to us at Housing Services and we will review that foryou. Please note that we do not offer legal advice, but we have seen alot of these agreements and can help spot any red flags or issues thatyou might want to clarify with your landlord or letting agent;We also have some appointments available for specific advice or if youhave a specific issue about your tenancy;and we run the Student Hub advice pages, which are again comprehensive interms of the amount of information and process that you need to follow.Sussex Students’ Union also provide support.[New slide titled ‘Sussex Students’ Union Support’ containing a QR codelinking to the following page: https://sussexstudent.com/about-us/contactSlide content reads:The Student Union advice team provide advice on University-related issuesand housing for every Sussex student.]The Students’ Union Advice team provide advice on University-relatedissues and housing for every Sussex student.Their pages are available through that QR code.[New title slide reading ‘External Support’]And there are also external support services too.[New slide titled ‘External Support: Shelter & Citizens Advice’containing QR codes linking to the respective pages:Shelter: https://england.shelter.org.uk/Citizens Advice: https://www.citizensadvice.org.uk/Slide content reads:Shelter and Citizens Advice offer excellent support resources, andadvisors can provide free legal advice.]The two most common advice and guidance sites that are available areShelter and Citizens Advice. They offer excellent support resources andadvisors can provide free legal advice. So please use these QR codes andcheck out Shelter and Citizens Advice - very, very useful sites for you.[New slide titled ‘Brighton & Hove City Council’ containing a QR codelinking to the following page: https://www.brighton-hove.gov.uk/ ]The local council, Brighton and Hove [City Council], also haveinformation on housing and you can access that through the QR code onscreen.[End of presentation.]

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