Before you sign your tenancy agreement
In the excitement of finding a new home don't be in too much of a hurry to sign the tenancy agreement. Shorthold Tenancy Agreements are NOT standard and can include clauses very specific to the property, area and landlord. So we urge you to read them, line by line
Issues to look out for include:
Can you keep pets of any kind within the property. Some ban cats and dogs but allow some other pets such as fish in a tank.
Are you prevented from smoking inside the property?
If you are renting a house, does the tenancy say who’s responsible for the front and back garden
Is there an anti-social behaviour clause in the contract – if there is and you party too hard (and the neighbours complain) then the tenancy could be ended.
Does the agreement prevent blue-tack or picture hooks being used to hang pictures and posters?
Who is responsible for maintaining/fixing the white goods within the property including the washing machine, clothes dryer or dish washer?
Get it in writing
Ensure you have a a written agreement. Verbal agreements are much less common than they used to be and are difficult to enforce. If your mate is a landlord and you both agree a handshake is enough - be careful. You are horribly exposed.
Make sure it's an AST
If you are renting from a private landlord 99 times out of 100 you'll be offered an assured shorthold tenancy or AST.
These enable the landlord to regain possession of the property at the end of the agreed period, which is usually six months but can be longer. It is the agreement used by most landlords and letting agents - but you can ask for them to run for longer period - such as a year - if the landlord agrees.
There are two other types of agreement you might be offered but they're very rare these days. This is because, landlords argue, an AST offer a guaranteed period of rental after which either side can walk away.
The other two types of agreement are usually held by people who have been renting for a long time. These include assured tenancies, which offer more protection than ASTs, and regulated tenancies. Both kinds are usually tenancies held for long periods by people who started renting their home before January 1989.
Make sure the basics are right
Every tenancy agreement should contain basic information about the tenant, the landlord, and their responsibilities. Make sure your written agreement includes:
Your name/s;
The address of the property being rented;
How much the rent is;
When the rent should be paid, e.g., last day of the month;
How the rent should be paid, direct debit, BACs etc;
The landlord's name, address, and contact numbers;
The letting agents name, address, and contact number (if applicable);
Whether the rent includes council tax, electricity, gas etc. If not, whose responsibility is it to pay those bills;
Whether a deposit needs to be paid and how much that deposit is;
If a deposit is payable which deposit scheme is it protected by;
How long the rental agreement is for. This is usually a fixed period of six months or a year;
Date the rent may be increased;
Procedures for ending the tenancy.
It should be emphasised here that if there are terms and conditions in the agreement which you don't understand, make sure the landlord or the agent clarifies them for you.
Finally, if there are rules in your tenancy agreement which you consider unfair, get some independent advice. The Citizens Advice Bureau is a very good source of information.
Remember, unfair rules, such as the landlord being able to access the property at any time and without due notice, are not allowed. They are not legally binding.
At the end of the tenancy
When your tenancy agreement ends there are three different outcomes:
You leave the property (your agreement may specify a notice period you must adhere to);
You agree a new fixed term agreement with the landlord at the same or increased rent;
Your tenancy continues on the same terms but on a rolling month to month basis.
Can a tenancy ever be overuled?
A tenancy is a legally binding contract but there are severa situations when its clauses or conditions may be overuled. These concern evictions; if a landlord does not provide a gas safety certificate for the property (assuming it has a gas boiler) BEFORE YOU MOVED IN then it makes it much harder for a landlord to evict you from the property via the 'no fault' eviction process.
Are you currently renting a property?
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Read more: Five questions you should ask you landlord before signing the contract
CreditLadder can help you improve your credit score
If you want to improve your credit position by reporting your rent payments, CreditLadder is the only way to improve your credit score and position across all four of the main Credit Reference Agencies in the UK, namely Experian, Equifax, TransUnion and Crediva. Building up a high credit score has a lot of benefits, including helping you access finance at better rates - this can also help save you money.
CreditLadder also runs a free mortgage application service in partnership with Tembo which will tell you how much you could borrow.
Remember the information provided in this article is for information purposes only and should not be considered as advice.
