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March 2010
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UNION POLL

Poll Results...

► The Contract

It’s important before you move in that you get a written tenancy agreement, outlining the terms and conditions of your lease, the responsibilities of you as a tenant and those of your landlord. It is not a full legal requirement, as informal agreements are common, however having a document that outlines your rights and obligations helps secure your position as a tenant. However your landlord is legally required to provide a ‘statement of terms’, which is a written and signed document that states:

when the tenancy begins

the amount of rent payable

when and how rent is to be paid

whether the stay is for a fixed amount of time or not

the date the rent may be set for review

If your landlord does not provide this ‘statement of terms’, they have 28 days to comply, or they could face a fine if you take it further. In Scotland you can appeal directly to the Sheriff Court for a lease to be drawn up.

In general your contract should include the following:

The landlord’s name and address – as a tenant you are legally entitled to an address for the landlord to which notices can be served

The name(s) of the tenant(s)

Who pays the bills

How much rent is over the summer period

How many tenants will sign the contract

If more than one tenant signs the same contract they are joint tenants. This means that they will all be jointly liable for the rent and unpaid bills for the property. Therefore if one tenant leaves the property, the remaining tenants may be liable to pay their share of the rent. This is important to bear in mind if one of the people you are moving into a house/flat with decides to leave University or decides not live with you after signing the contract. The landlord has a right to pursue any tenant for the rent.

If each tenant has their own contract they are individually liable for their own rent and share of the bills, so if one tenant leaves the property, it is only the responsibility of the tenant who has left to pay their rent and has nothing to do with the remaining tenants. This is the best contract to have. They are also responsible solely for their private space in the accommodation, but all tenants will be responsible for the communal areas.

When a written contract is provided it is important that you read the terms and conditions carefully, paying particular attention to the parts about responsibility for repairs and the inventory. This way you can avoid potential disputes in the future and in particular arguments over returned deposits at the end of your stay.

Potential tenants should have 24 hours to consider the agreement before signing. Before signing any contract is important to have it checked out make sure that it is legal and that there are no hidden clauses that may effect you during your tenancy. Residential Services, which is based in Geddes Court offers a service where they will look through your contract to ensure it is legal before you sign it.

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