Reaching an agreement with agent/landlord

Negotiating rent

Is the rent reasonable? Find out about other similar properties in the area to make sure you are not being overcharged. You can compare rents of similar properties online.

Adding break clauses or changing contract length

Signing a contract is legally binding, but your circumstances may change. If you are unsure of a full contract term, you may be able to negotiate a break clause or a shorter term contract. See page 22 for further details on break clauses.

Understanding letting fees

Adding items and requesting work to be carried out.

Additional requests for items or for works to be carried out prior to the start of the contract must be confirmed in writing.

Any promises made should be written in the holding deposit receipt and in the tenancy agreement.

• Get your contract checked by the Student Accommodation Office.

The tenant fees act bans most letting fees and capping tenancy deposits paid by tenants in the private rented sector in England.

If you sign or renew a tenancy you can’t be asked to pay for:

• referencing

• credit and immigration checks

• administration

• renewing your contract

Fees you can be charged for are:

• if you are more than 14 days late paying your rent

• the cost of replacing a key or fob

• if you want to end or change a term in your tenancy

If you are charged a fee that you do not think is legal, you should raise this with your landlord or letting agent. For more information see the Guidance for Tenants, published by the government. bit.ly/tenant-fees-act

Holding deposits

A holding fee is paid if you agree to take the property, but have not signed the contract to take up the tenancy. Do not pay it if you’re not absolutely sure. Holding fees are typically nonrefundable. Ask for a receipt and a copy of the terms and conditions.

A holding receipt should include:

• Amount of holding deposit

• Address of the property

• Proposed rent for the property

• Length of contract

• Tenancy start date

• Requests for the landlord (e.g. cleaning, furniture)

• Conditions for refunding the deposit (should you or the landlord change your mind or your references fail)

Top Tips

• If the agreement is cancelled by the agent or the landlord the holding deposit should be returned to you.

• If you decide you no longer want the property, you could lose your deposit.

Once you’ve paid a holding deposit:

• The landlord or agent should stop advertising the property

• It is not permitted for the Landlord to take a holding deposit from more than one person for the same property at the same time

• You have 15 days from when you pay a holding deposit to enter into a tenancy agreement

• You can agree a different deadline with the landlord or agent in writing.

If you enter into a tenancy agreement, the landlord must either:

• Return your holding deposit within 7 days of agreeing the contract

• Deduct it from the security deposit or the first rent payment with your permission.

Houses of multiple occupancy

Before you rent a room in a shared accommodation, check if the landlord has the correct licence to legally rent their property.

Houses of Multiple Occupnacy (HMOs) are properties where three or more unrelated people share facilities such as a kitchen or bathroom.

To find out whether a property has an HMO licence, ask your landlord or contact your local council for a list of licensed landlords in that area. gov.uk/find-local-council

Mandatory HMO Licensing

It is a legal requirement to licence properties that are defined as Mandatory HMOs. This applies to large shared rental properties with five or more (unrelated) people.

Additional HMO Licensing

Some London councils require smaller shared houses and flats with three or more (unrelated) occupants to have this licensing.

Selective Licensing

Some London councils require all private rented properties to have a license - called selective licensing. This applies to all private rented properties regardless of number and relations of occupants.

Checking the legal property owner

If you are unsure whether the landlord or lead person(s) owns the property you are about to rent, use the Land Registry website which may have a record of your landlord’s name and address: gov.uk/search-property-information-land-registry

• You’ll need to pay a small fee for this information.

• If the prospective landlord is not the property owner, you will need proof that they have the right to rent it to you.)

References and guarantors

You will need a reference in order to let a property. Most students have yet to build up a credit history to provide the kind of references required by agents.

Some agents may settle for a letter from a previous landlord or employer, or a bank statement showing proof of funds and written proof that you are an enrolled student.

If not, the agent or landlord may ask a parent or guardian to act as your guarantor (this person must be UKbased).

What is a guarantor?

A guarantor is someone willing to be responsible for payment of your rent or damage if you don’t pay it. Remember, you and your flatmates will all be liable as well as your guarantors.

If you do not have a UK-based guarantor, the agent or the landlord could ask you to pay more rent in advance.

It is common to pay between 3 and 6 months rent in advance when you don’t have a guarantor. We would advise not to pay more than 6 months.

Rent Guarantor Scheme

The College can act as a legal guarantor for students renting in the private sector who are not able to provide a suitable UK guarantor.

The scheme is managed by the Student Accommodation Office, and will allow successful applicants to rent any property up to a maximum weekly allowance.

Please visit our website to check if you are eligible and read our full terms and conditions.

bit.ly/ic-rent-guarantee

Please note a £75 inc. VAT administration fee applies per submitted application.

Right to rent

Private landlords and agents are legally required to check the immigration status of all prospective tenants.

What documents do I need to provide?

A landlord will want to see an original copy of your passport and any relevant visa document demonstrating a legal right to live in the UK. You should receive a Biometric Residence Permit. If you do not receive a physical BRP you should be given a share code which you can provide your landlord.

If you are unable to provide such documentation because your application is in process or you’re appealing a decision, the landlord can ask for a ‘right to rent’ check from the Home Office.

Who has the right to rent?

Depending on your immigration status you will either have an unlimited right to rent or a time-limited right to rent.

Eu residents

If you are an EU, EEA or Swiss citizen and need support regarding Right to Rent please read through information at: gov.uk/check-tenant-right-to-rentdocuments/how-to-check

RIGHT-TO-RENT CHECKS

Depending on your immigration status you will need to have one of the following checks:

I Have Unlimited Right To Rent

• Right-to-rent checks take place at start of your tenancy

• No further checks are required for this tenancy period

I HAVE TIME-LIMITED RIGHT-TORENT

• Right-to-rent checks must be done with 28 days of tenancy start date

• Your documents will be checked at the following intervals:

» Annually from the date the last checks were made

» Until the expiration of your ‘leave to be in the UK’

» Until the expiration of the documentation which evidences your right to be in the UK

See the Home Office website for more information: gov.uk/checktenant-right-to-rent-documents

Security deposits

A tenancy or security deposit provides security for a landlord against damage or financial loss from unpaid rent. The maximum you can be charged for a tenancy deposit is equal to 5 weeks rent.

What is tenancy deposit protection?

It is an independent scheme that has been designed to ensure:

• You get all or part of the deposit back.

• Disputes between you and your landlord will be easier to resolve with an independent third party.

• Tenants and landlords/agents make a clear agreement from the start on the condition of the property.

Deposit protection schemes

Your landlord or agent must protect your deposit with an authorised scheme if you have an assured shorthold tenancy. Your landlord does not need to protect your deposit if:

• You are living with your landlord as a lodger.

• You live in the same converted building as your landlord but in a separate flat.

No Deposit scheme

The No Deposit scheme has been introduced as an alternative to providing a 5-week security deposit. If you choose this option, you will pay a non-refundable fee equal to 1-weeks rent.

At the end of the tenancy, you will follow the same move out procedures as you would with any tenancy. The landlord can register charges for cleaning, damages or rent arrears with Reposit along with supporting evidence and you will be given the chance to accept or raise a dispute.

For more information visit the Reposit website: reposit.co.uk

Contracts

Contracts are legally binding documents, ensuring both parties are clear as to the other’s responsibilities. Most contracts have a fixed term. If your contract is longer than 9 months, you may want a break clause (see page 22).

Which contract type will I have?

Are you looking to rent a room and live with a live-in landlord?

Assured Shorthold Tenancy Agreement

If you are not living with the landlord, then you will be signing an AST. There are a few ways this can be applied.

Licence agreement

If you become a lodger, this is the most likely contract type you will have.

Individual ASTPrivate Halls

If you are moving into a private hall, you’ll have an AST - however given the way private halls are run, you’ll likely find the contract has different clauses and terminology from a contract for a houseshare.

Will you be moving into a Private Hall of Residence?

Are you looking to rent a whole property as a group?

Joint AST

When you rent as a group you most likely sign one contract with everyone’s names, meaning you are all liable for costs.

Individual AST

If you are renting a room in a houseshare, but the landlord is not living there, you may have an individual AST which will set out your legal obligations and liabilities.

Licence Agreement

If you live with a live-in landlord or a member of his/her family, it is likely you will have a Licence Agreement. Key aspects of this contract type are:

• Your deposit does not have to be protected in a scheme

• The landlord can enter your room without giving noticed

• The landlord does not have to go to court to evict you, but would be expected to give you reasonable notice

Assured Shorthold Tenancy Agreement (AST)

Is a fixed term agreement between the landlord and tenant either individually or as a group. There are various clauses within the contract that both the landlord and the tenant(s) must abide by. The main obligations are:

Tenant

• Pay the rent on time and in the manner specified

• Keep the property clean and in good condition

• Not cause a noise nuisance

• Report any repairs or damage as soon as they occur (the landlord cannot be held responsible until they are informed)

• Return the property in the same condition as it was when you moved in (less fair wear and tear)

Joint vs individual tenancies

Landlord

• Let you live in the property free from harassment (the landlord has to give reasonable (usually 24 hours) notice to enter the property)

• To protect the security deposit in one of the government schemes

• To insure the building and the landlord’s contents (the landlord will not insure your belongings).

• To carry out repairs within a reasonable time unless it is found to be the tenant’s neglect or misuse

Often students with an AST sign one contract with everyone’s names included. This means you are individually and jointly liable for the cost and state of the property. Therefore, if one tenant stops paying rent, then the others are responsible for ensuring the full amount is paid. If you sign a group contract the landlord will charge a total rent and it is up to you to decide the proportionate share of rent for each room.

You could negotiate individual tenancies leaving you liable for the rent in your room only, but still jointly responsible for the shared rooms and the household bills.

Contract contents

What should be in your contract?

• Landlord’s name and address with telephone number

• Property address (of the house you are renting)

• The amount of rent to be paid

• Who the rent is paid to (the agent or landlord)

• When the rent is to be paid (weekly, monthly, quarterly)

• Name of every tenant (not just the spokesperson)

• Details of services offered by the landlord (e.g. cleaning, gardening and maintenance etc.)

• Who is responsible for the bills (are they included/excluded from rent?)

• Contact details in case of an emergency

• Length of notice (is there a notice period?)

• Landlord’s right of access

• Where the security deposit is protected or who is holding the deposit

If you have requested additional items or works to be carried out prior to the start of the tenancy, the ‘addendum to contract’ is an example of how this should be done.

Use our Glossary on page 40 to ensure you understand the terms used in the contract

Adding An Addendum

“The attached tenancy agreement dated 1 February 2022 for the property 11 Mill Lane, London, WC1 1AA is being signed on the understanding that prior to the tenancy the landlord will provide the following items and will carry out the following schedule of work [date of completion].

Items to be provided:

• Wardrobes in each bedroom

• Vacuum cleaner

• Kitchen table and chairs

Schedule of work:

• Professionally clean property

• Paint bedroom walls”

If the landlord fails to carry out the repairs or install listed items then the landlord or agent would be in breach of contract.

Adding A Break Clause

A break clause allows the tenant to give notice and leave the property prior to the end of the tenancy without any further obligation to the contract.

If you have a joint AST and one person in the group initiates a break clause, then you all have to leave; however, if only one person wants to leave it may be possible for that person to find another tenant to replace them in the contract. Permission from the agent or landlord would be required.

Contract checking

Never sign a contract if you are feeling pressured or unsure about any of its contents

• Have someone look over the contract; a parent, a solicitor or the Student Accommodation Office.

• Think twice before signing! Do not pay any money to the landlord/agent until you are happy with the contract.

• Some landlords or letting agents ask for a holding deposit while you look over the contract. Check that this is refundable if you decide not to take the property.

• Get a receipt for any monies paid to the landlord/agent.

Get your contract checked by the Student Accommodation Office. Use our online contract checker or book an appointment to discuss your contract in person.

Go online: bit.ly/contract-checking

Email an advisor: accommodation@imperial.ac.uk