Tackling anti-social tenant behaviour in your contracts.
Learning from south Liverpool’s ongoing crisis
What should one be on the lookout for when reading a student tenancy agreement? Especially if they have no prior experience with private renting? This article explores some key features of the student tenancy agreement, and identifies potential issues that a student should understand before they sign their tenancy agreement:
What is a student AST?
A student tenancy agreement is a legal agreement between a landlord and a Full Time student to let an identified residential property for a specified term at an agreed rate. The agreement is supposed to cover the rights and obligations of both parties in sufficient detail, to act as a reference whenever a disagreement arises.
The student has a right to know the landlord’s arrangement for deposit protection within a month of the deposit being received. According to the National Student Accomodation Survey 2020, 14% of UK students struggle to get their deposit returned to them. It is crucial for student tenancy agreements to clearly list the conditions under which sums will be withheld from the deposit, so that such difficulties can be averted.
Rights to exclusive possession:
Students, like other tenants, have a basic right to enjoy their home. This means that they are entitled to the exclusive possession of the property, and can keep people out if they so wish. Yet, inappropriate or unannounced landlord visits was the 7th most reported problem for student renters in the above mentioned survey. This could be addressed in the contract by specifying legitimate reasons for the landlord to visit e.g. maintenance, or to show prospective tenants the house. Further, the contract should identify the notice period the landlord must give before a visit, generally it is at least 24 hours in advance.
Damage to property:
A common problem for renters is dealing with damages to the property and its contents. It is important to know that the landlord is legally responsible to repair any damage to the structure or exterior of the property i.e. external gutters, drains, pipes and windows. The student tenancy agreement must reflect this. Damages to other parts of the property can be repaired by either the student or the landlord, but the parties must know beforehand what they are responsible for. The agreement should also outline the procedure for reporting damages so that they are dealt with as efficiently as possible.
Another issue for tenants to be aware of is the existence of break clauses i.e. a term in the student tenancy agreement that provides for the early termination of the agreement before the fixed term expires. Break clauses give either the landlord or tenant the right to end the agreement before the agreed date, and it is sensible for student tenants to be aware of such clauses in their agreements in case either party decides to trigger them.
Lastly, if there is more than one tenant, the student tenancy agreement should say how legal responsibility will be shared between the parties. If liability is “joint and several”, this means that each tenant is liable for the whole agreement as though they were the only signee. On the other hand, if liability is individual, then each tenant is only liable for their share of the rent and the agreement. When living with housemates, everyone should know if -as is often the case- they will personally be held liable on behalf of everyone.
While many understand their student tenancy agreement, many do not. If something does not make sense or seems strange, it is in the student’s interest to seek advice and then discuss the matter with the landlord. Signing a student tenancy agreement has legal implications for both parties, therefore it is crucial for all parties to understand the contents of their agreement.
Legislate’s lawyer-approved student ASTs are robust and fair. Our ‘terms tab’ breaks down your lengthy contract to give an overview of its key terms. If you would like to book a demo of Legislate, please book here. Read our tutorial to learn how to create your tenancy agreements in minutes with Legislate. Alternatively, sign up today!
The opinions on this page are for general information purposes only and do not constitute legal advice on which you should rely.
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