Brighton Accommodation Guide

Most landlords/agents will ask you to sign a tenancy agreement.

This is a legally binding document setting out each party’s rights and responsibilities. By signing it, both you and the landlord have certain rights protected in law, which can’t be overwritten by the contract. Before you sign, make sure you understand all the clauses, so there can be no nasty surprises after you’ve signed.

If asked to sign an agreement, it is likely to be an Assured Shorthold Tenancy Agreement and will normally last for at least six months, after which the tenancy will run on a monthly basis. However, many tenancies run for a fixed term, i.e. July 1st 2020 to June 30th 2021. In this case, make sure that you are happy with the length of the contract as it is very unlikely that you will be able to end the tenancy early.

The terms of the agreement must be in plain, intelligible language and not be unfair. For example, the tenant should not be restricted from breaking a fixed term agreement if the landlord is not in the same way, nor should they be subject to unreasonable rent increases or held to unreasonable penalty clauses (for example, extortionate charges for late payment of rent).

Get a tenancy agreement checked first by an informed person, such as an advisor from the Citizens Advice Bureau. If the landlord/agent won’t let you take the contract away to get it checked first, think twice about signing it. Spend a little extra time in getting your contract checked out to save time, money and stress later in the year.

• Heating and hot water installation
• Baths, sinks, basins and other sanitary installations
• The structure of the exterior of the property
• Repairs and safety of gas and electrical appliances
• Ensuring that any furniture that he or she
  supplies meet fire resistant requirements

• Water and sewage charges
• Utility bills – gas, electricity, telephone and internet connection (if any)
• To take care of the property
• Use the property in a responsible way
• Pay the rent as agreed
• Keep to the terms and conditions of the agreement

The landlord or his agents have the right to access the property at reasonable times during the day to carry out repairs for which they are responsible for and inspect the condition of the property. 24 hours’ written notice to inspect the property must be given.

Arrangement for access to the property must be written into the contract. Tenants have the right to possess and enjoy the property during the tenancy without any interruption from the landlord. This clause does not limit any of the rights made under this agreement that the tenant has allowed the landlord/landlady to exercise. Neither does it prevent the landlord from taking lawful steps to enforce these rights if the tenant should break any of the terms of the agreement.

Depending on your own personal consumption, you can expect to pay £1O – £15 per week for utility bills. Remember that if solely full-time students occupy a property then they are exempt from Council Tax

The deposit is generally the equivalent of one month’s rent. Your landlord or agent must, under the 2004 Housing Act, protect your deposit within 14 days of receiving it as part of the Tenancy Deposit Protection Scheme and provide you with certain information relating to this.

This scheme ensures that deposits paid to the landlords are kept safe and that tenants gets their deposits back at the end of the tenancy, so long as there hasn’t been a breach of the tenancy agreement, such as unpaid rent. Remember that the money held as a deposit remains yours at all times and not the landlords, and only by mutual agreement should any money be deducted.

Your deposit, or part of it, will be withheld if you:

• Fail to return ALL keys at the end of the tenancy
• Are responsible for any damage to the property, either willful or negligent
• Have not cleaned the property adequately
• Have left rubbish which needs removing from the property

No, because to do so would be a breach of your contract. It is important that rent and deposits are separate.

A guarantor is someone who signs an agreement to pay for any rent or damages if the tenant fails to pay up. The guarantor will most likely be a parent or guardian.

Some landlords ask for a guarantor but not all do. So, there are still plenty of properties to choose from if you don’t have someone who will be a guarantor for you – you’ll just need to look around.

A guarantor is taking on quite a large responsibility, particularly if you are signing a joint contract. For example, if your housemate hasn’t paid their rent, your guarantor could be made to pay.

Do not sign a contract that requires a guarantor form until you and your guarantors have read the form and agreed to sign. If you have already signed a contract, but a guarantor refuses to sign, you might not get the keys to the property. A good landlord will give you copies of the forms and time to check them through.

Ask the landlord to accept a limited guarantee from your guarantor e.g. just covering your rent/damages. Tell your guarantor not to give too much personal information on the form e.g. Nl number, bank details or passport details should not
be necessary.

It may be possible for you to come to an arrangement for the early return of the deposit, but the landlord/agent will obviously want to inspect the house and check all rent is paid.

No, not if the bills are in the name of the tenants – the utility companies will chase the named persons and not the landlord/agent. Your deposit will be protected as part of the Tenancy Deposit Protection Scheme and therefore cannot be used by the landlord or agent.