Contracts

There are two types of contract, and Assured Shorthold Tenancy and a License Agreement. The type of contract depends on the circumstances of your living arrangements. If you have a resident landlord/lady, i.e.. you live in the same house or flat as your landlord/lady then you will have a License Agreement. If you have sole possession of your house or flat then you will have an Assured Shorthold Tenancy. The latter type is the most common and will also be fixed term.

Fixed Term means that you are guaranteed to have occupancy of the property, and are committed to paying full rent for the period stated on the contract. This must be a minimum of 6 months, and landlords/ladies should not be offering a fixed term of any less than 6 months. This means that tenants cannot move out and stop paying rent (they can move out but are still committed to paying rent) This guarantee is only valid providing that the tenants and the landlord/lady remain within the terms and conditions of the contract. For example, if a tenant(s) fails to pay rent, then the contract is breached, and this can be a justified reason for a landlord/ lady to have the property vacated. Similarly if the landlord/lady fails to uphold their obligations as set out in the contract, then the tenant(s) are within their right to leave the property before the defined term has expired.

Joint and Several Liability

If all the tenants sign the same contract then the contract automatically becomes joint and several. This means that all the tenants are equally liable for the full rent of the property. The consequence of this is that if a tenant moves out, the remaining tenants must pay the rent of the person who left.

Paying the Rent

Your contract will probably have a section on how the rent is to be paid. There are several ways of paying rent, by cheque each month, by direct debit or by post dated cheque given to the landlord when signing the contract.

We recommend that you pay by standing order.

This is a standing order that you set up with your bank or building society that allows you to make a set payment each month into someone elses bank account, without the need for you to do anything. This is a safe way of paying your rent. Just remember to cancel it after you move out!

Post-dated cheques are more risky because they can be cashed before the date written on it. If you do not cross your cheque, it can also be cashed by someone else.

Whichever way you decide, make sure that you have sufficient funds in your account to cover payments.

Signing a Contract

Once you are satisfied with the accommodation you have found make some extra checks.

• Are you able to afford the rent?
• Will you be able to afford bills?
• Are you happy with the state of the accommodation?
• Has the landlord/ lady made any promises to refurbish or renovate any part of the property and are you happy with this?

If you are renting a house through an agency your contract must still be with the landlord/ lady of the house and not with the agency. Check this.

Once you put your signature onto a document such as a housing contract, you are committing yourself to the terms and conditions set out in it.

Make sure that you understand what you are committing yourself to!

You can get your contracts checked at AWARE for free.  Having your contract checked involves having it explained to you. We are happy to explain terms and conditions in contracts and point out possible pitfalls.

You are the person responsible for the contract once you have signed it, and no one else can take this responsbility for you. If problems are highlighted with a contract when they are checked then it is up to you to do something about it and follow any advice that may have been given to you.

If in doubt about a contract, do not sign it!

Stamp Duty

Recent changes in the system mean that it is important for students to get their housing agreements "stamped".

The system is only voluntary, but an agreement that is NOT stamped cannot be relied on in court as evidence. This means that if you have a problem that has to be taken to court for settling (such as a difficulty getting work or repairs done), you might not be able to use the contract to show the landlord/ lady's responsibility.

You need to have your own copy of the contract that is signed by both yourselves and the landlord – it must be "original" signatures and not a photocopy.

The document should be stamped and returned the same working day.

You can get your contract stamped by sending it to the following address:

Bristol Stamp Office, The Pithay, All Saints Street, Bristol, BS1 2NY