A tenancy agreement is a contract between you and a landlord or letting agent, it gives certain rights to both you and your landlord. For example, your right to occupy the accommodation and your landlord’s right to receive rent for letting the accommodation. It also sets out the legal terms and conditions of your tenancy.
Assured shorthold tenancy agreement
- The most common form of tenancy and most new tenancies are automatically this type.
- Also known as an AST or contract.
- Landlords can only ask you to leave or evict you with a court order.
Fixed term
- The contract runs for a set period of time, this should be clearly stated on your tenancy agreement at the time of signing.
- Periodic – Runs week-by-week or month-by-month.
- A fixed term tenancy agreement can become a periodic tenancy agreement after the fixed term date has expired.
Individual tenancy agreements
- This is when each tenant signs a separate contract with the landlord.
- The contract only has your name on, as the tenant and should specify which bedroom you have exclusive occupancy of.
- You are only responsible for paying your own rent.
- Responsible for the upkeep of your own room and any damage that may be caused. You are jointly responsible with the other tenants for maintaining the communal areas and any damage that may be caused.
- If another tenant moves out, you may have no say over who replaces them.
Joint tenancy agreement
- This is when all tenants are listed and sign one contract is signed by all.
- Tenants are jointly, (joint and severally) responsible for paying the rent.
- All tenants are responsible for the upkeep of the property/ cleaning and any damage that may be caused.
- If the rent is not paid in full at any time by the tenants, the landlord can ask any of the other tenants to pay the full amount, unless it specifically states in the contract you are only responsible for your share of the rent.
Licences
This is used typically by Lodging and Homestay landlords, (when the owner lives in the property). A licence is when someone gives you permission to occupy their premises. You do not have exclusive occupation of the property; however, you will have your own room and share many of the other facilities.
Although no tenancy agreement, there may be terms and conditions for you to adhere to whilst living there. You should ensure you have read, understood and are happy with these terms before agreeing to them.
As you do not have security of tenure like you would with a tenancy agreement, if you did want to leave, you would give ‘reasonable’ notice. Be aware the landlord can also give ‘reasonable’ notice asking that you leave. The notice period should be clearly stated in your terms and conditions.
University of Gloucestershire offers a free contract checking service for all students. We will be happy to look through your contract for any unfair terms or conditions before signing, just email us at [email protected].