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House Hunting in 2008? Please read this!!!
You may have already begun house hunting for the academic year 08/09 but please do not panic yet!!! Rumours fly around every year that all the ‘good’ housing will go pretty quickly and that if you do not sign a contract soon, you will be left with nowhere to live come September. This is totally FALSE.
York has plenty of student accommodation so there is definitely no need to rush out and sign a contract yet. Student properties become available all the time so please do not sign up to the first property that you view. Take time to look around a few houses first before making up your mind. You may find yourself face to face with a landlord or letting agent who insists that if you do not sign a contract immediately then you will lose the chance of renting a good property – but this is not necessarily the case. Don’t forget that landlords and letting agents are desperate for you to rent their properties so please do not feel pressured into signing a contract for a property you are not fully sure about.
YSJ Accommodation Office produces a list of reputable landlords and properties every year which is available on the Student Web page from 1st Feb 08. Also the Students’ Union along with the Accommodation Office and the Welfare Service are running sessions based on what to look out for when viewing student properties including information on contracts, Tenancy Deposit Schemes, moving in, living with others and any issues that may arise when living in privately rented properties. Sessions are as follows:
3pm - 16th Jan 08 – New Wing 3
4pm – 29th Jan 08 – Skell 3
11am – 6th Feb 08 – Skell 3
For more details please contact Donna Harrison – Vice President Education and Welfare at d.harrison@yorksj.ac.uk.
Good Luck and Happy House Hunting!
Student Accommodation - Rented Properties
If you are thinking of beginning to look for somewhere to live for next year please do not rush into signing any contracts just yet!!!!
The following information contains legal advice, your rights, and other information about renting property such as Tenancy Agreements, what to look out for (issues relating to rot, damp and poor maintenance) and how to live with your housemates (sharing bills, cleaning rotas etc.).
Tenancy Agreements
The information below applies to agreements between tenants and private landlords. If you rent your home from anywhere else you should seek further advice. (see contacts section).
When you find a house, it may be tempting to sign the contract immediately. However, you must remember you are signing a legally binding document so it is important that you fully understand what you are signing before your signature hits the paper.
If you are renting from a private landlord, it is important that you are aware of your rights. When renting from a private landlord, the protection you have largely depends on the type of tenancy you have. The following information outlines the many different agreements available and also the rights and responsibilities of landlords and tenants.
Assured Shorthold Tenancies
Most students who rent their property from a private landlord will have an Assured Shorthold tenancy:
- An Assured Shorthold tenant has the right to occupy the tenanted room or house (also see ‘Joint tenancy).
- You are also entitled to ‘quiet enjoyment' of the premises. This means that you have the right to occupy without the landlord (or their agents, workmen, etc) disturbing you unless agreed by you in advance.
- An Assured Shorthold tenant has the right to occupy the tenanted room or house for at least 6 months. If you have agreed a fixed- term (e.g. 10 or 12 months) you have the right to occupy for the duration of the agreement.
- Landlords can recover possession of the property at the end of the fixed-term, but you are entitled to ask for 2 months written notice that possession of the house is required. Until you receive written notice then you have the right to stay.
- You cannot be evicted unless the landlord obtains a court order, regardless of what your agreement may say. During the fixed-term a court order can only be obtained by you landlord on grounds of rent arrears, causing nuisance to neighbours, etc.
- Landlords have certain obligations for carrying out repairs. Again, this is regardless of what the agreement may say.
Individual Tenancy Agreement
Each individual tenant has their own agreement in which they sign with the right to occupy their room, and shared access to communal areas such as kitchen, bathroom, lounge etc. Each tenant is individually responsible for their own agreement, so if one person does not pay their rent for example, the landlord can only take action against the defaulting tenant. The landlord has the right to access communal areas without your consent (unless it says in the contract differently) and has the right to replace any tenants who move out. For this kind of tenancy, if you have a TV in your room, you will need an individual TV licence.
Joint Tenancy Agreement
This is a single tenancy granted to, and signed by, a group of people. The whole of the house is tenanted and the tenants, together, have the right to occupy all of the premises. There a re no communal areas in which the landlord will have the right to access without your permission. However, joint tenancies are popular with landlords as the tenants as a whole are all responsible and liable for any grievances against the contract. This means if one tenant falls behind with the rent for example, then all tenants are liable to make up the shortfall (note: some contracts do not impose joint liability for rent).
What if I live with my landlord?
If you live with your landlord you will be an ‘unprotected' or a ‘licensee' tenant.
A tenancy with a ‘live in' landlord may either:
- Last for a number of weeks, months or years - fixed term tenancy.
- Run from one rent period to another - a periodic tenancy.
The type of tenancy that you have affects the notice that you will have to give to the end of the tenancy. It is unusual to be able to give notice during a fixed term tenancy (unless there is a break clause in your contract), if you want to give notice, then you should seek further advice.
What if the landlord has a mortgage on the house?
Commonly where the landlord has a mortgage, the lender is unaware that the property is being let. In such cases, it is almost certain that the mortgage deeds prevent them from renting out the property. This has no effect on tenants rights or the landlords obligations to the tenant whilst the mortgage is being paid. If, however, the landlord should fall into arrears and the mortgage lender moves into repossession of the property, the tenants are deemed to be illegal occupiers and have no secure tenure.
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