Concerns about Rental Agreement for Uni Student

Wikikenkey

Just wondering if there are any specialists who could have a quick read of my daughter's rental agreement below - she is looking to rent a 7 bed with friends at uni - bills included. Hope this is not too long... How can I rephrase the "jointly and severally" sentences so the limitation is restricted to just my daughter's rent? Is this a standard agreement?

ImportantNotes for Tenants

This tenancy agreement is a legal and binding contract and the Tenant is responsiblefor payment of the rent for the entire agreed term. The agreement may not be terminated earlyunless the agreement contains a break clause, or written permission is obtainedfrom the Landlord.

Where there is more than one tenant, all obligations, including those for rent andrepairs can be enforced against all of the tenants jointly and against each individually.

If you are unsure of your obligations under this agreement, then you are advisedto take independent legal advice before signing.
General Notes

1. This tenancy agreement is for lettingfurnished or unfurnished residential accommodation on an assured shortholdtenancy within the provisions of the Housing Act 1988 as amended by Part III ofthe Housing Act 1996. As such, this isa legal document and should not be used without adequate knowledge of the lawof landlord and tenant.
2. Prospective tenants should have anadequate opportunity to read and understand the tenancy agreement beforesigning in order for this agreement to be fully enforceable.

3. This agreement may be used forresidential tenancies of three years or less. Agreements for tenancies of a longer duration should be drawn up bydeed.
4. Section 11, Landlord and Tenant Act 1985– these obligations require the Landlord to keep in repair the structure andexterior of the dwelling, and to keep in repair and proper working order theinstallations for the supply of water, gas and electricity and the installationsin the Property for space heating and heating water.

5. Section 196 of the Law of Property Act1925 provides that a notice shall be sufficiently served if sent by registeredor recorded delivery post (if the letter is not returned undelivered) to theTenant at the Property or the last known address of the Tenant or leftaddressed to the Tenant at the Property.
6. This agreement has been drawn up afterconsideration of the Office of Fair Trading’s Guidance on Unfair Terms inTenancy Agreements.

THIS AGREEMENT is made on the date specified below BETWEEN the Landlord and theTenant. It is intended that the tenancycreated by this Agreement is and shall be an assured shorthold tenancy withinthe meaning of the Housing Acts
Date:

Landlord(s):
Note: Under s. 48, Landlord and Tenant Act 1987,notices can be served on the Landlord at the above address


'Summer Retainer' paid monthly for July &August2015.
* SeeSpecial Conditions Clause 10 for details.

Payment: inadvance by equal payments monthly on the 1st of each month
Deposit: Adeposit of £2380.00 is payable on signing this Agreement. It is protected by the following scheme: TheDeposit Protection Service www.depositprotection.com

1. The Landlord agrees to let and theTenant agrees to take the Property and Contents for the Term at the Rentpayable as above
2. The Tenant pays the Deposit as security forthe performance of the Tenant's obligations and to pay and compensate theLandlord for the reasonable costs of any breach of those obligations. It isspecifically agreed that this money is not to be used by the Tenant as paymentfor any rent due under this agreement. No interest shall be payable on thisDeposit. The balance of the Deposit to be paid to the Tenant within 10 days ofthe conclusion of the tenancy & subject to the requirements stated inclause 12 of the Special Conditions of this Tenancy Agreement, less anyreasonable costs incurred for the breach of any obligation as agreed by theappropriate deposit scheme, details of which are contained in the scheme'sdeposit information leaflet and website.

TheTenant agrees with the Landlord:
3. Rent & charges

(3.1) To pay the Rent on the days and in the manner specified to theLandlord.
(3.2) To pay promptly to the authorities to whom they are due, counciltax, water and sewerage charges, gas, electric and telephone (if any) relatingto the Property, where they are incurred during the period of the agreement,including any which are imposed after the date of this Agreement (even if of anovel nature) and to pay the total cost of any re-connection fee relating tothe supply of water, gas, electricity and telephone if the same isdisconnected. The Tenant agrees to notify the Landlord prior to changingsupplier for any of the utility services stated above

(3.3) That in the case of a breach of the terms of the tenancy by theTenant, a reasonable administration charge may be made in addition to the costsof any remedial work, in order to compensate the Landlord or Agent hisreasonable expenses.
4. Use of the Property

(4.1) Not to assign, or sublet, part with possession of the Property, orlet any other person live at the Property except that during the fixed term ofthe tenancy the Tenant may assign or sublet with the Landlord’s express consentwhich will not be unreasonably withheld. Such consent, as a variation of thetenancy agreement, to be agreed in writing
(4.2) To use the Property as a single private dwelling and not to use itor any part of it for any other purpose nor to allow anyone else to do so

(4.3) Not to receive paying guests or carry on or permit to be carriedon any business, trade or profession on or from the Property
(4.4) Not to do or permit or suffer to be done in or on the Property anyact or thing which may be a nuisance damage, or annoyance to a person residing,visiting or otherwise engaged in lawful activity or the occupiers of theneighbouring premises

(4.5) Not to keep any cats or dogs at the property and not to keep anyother animals, reptiles or birds (or other living creatures that may cause damageto the Property, or annoyance to neighbours) on the Property without theLandlord's written consent. Such consent, if granted, to be revocable, onreasonable grounds by the Landlord
(4.6) Not to use the Property for any illegal or immoral purposes

(4.7) Where the Landlord's interest is derived from another lease("the Headlease") then it is agreed that the Tenant will observe therestrictions in the Headlease applicable to the Property. A copy of the Headlease, if applicable, isattached
5. Repairs
(5.1) Not to damage the Property and Contents or make any alteration oraddition to the propertywithout the written permission of the Landlordnot to be unreasonably refused

(5.2) To keep the interior of the Property and the Contents in at leastas good and clean condition and repair as they were at the commencement of thetenancy, with fair wear and tear excepted, and to keep the Property reasonablyaired and warmed
(5.3) To pay the reasonable costs reasonably incurred by the Landlord orhis Agent in replacing or repairing any furniture or other contents, lost,damaged or destroyed by the Tenant or, at the option of the Landlord, replaceimmediately any furniture or other contents, lost, damaged or destroyed by theTenant, and not to remove or permit to be removed any furniture or othercontents from the Property

(5.4) That the Landlord or any person authorised by the Landlord or hisAgent may at reasonable times of the day on giving 24 hours' written notice,(unless in the case of an emergency) enter the Property for the purpose ofinspecting its condition and state of repair. The Tenant shall permit theProperty to be viewed on reasonable notice (of at least 24 hours) at allreasonable times.
(5.5) To keep the gardens (if any) driveways, pathways, lawns, hedgesand rockeries as neat, tidy and properly tended as they were at the start ofthe tenancy and not remove any trees or plants

(5.6) To replace, at the Tenant's own cost, all broken glass damagedduring the tenancy including, but not limited to, doors, windows, oven doorsand shower cubicles , unless caused by the Landlord, his servants or agents.
(5.7) Not to alter or change or install any locks on any doors orwindows in or about the Property or have any additional keys made for any lockswithout the prior written consent of the Landlord, such consent not to beunreasonably withheld, and the cost of providing a set of keys for the Landlordor his agent to be met by the Tenant

(5.8) To notify the Landlord promptly of any disrepair, damage or defectin the Property or of any event which causes damage to the Property
(5.9) Not to affix any notice, sign, poster or other thing to theinternal or external surfaces of the Property in such a way as to cause damage

(5.10) To take all reasonable precautions to prevent damage by frost
(5.11) In order to comply with the Gas Safety Regulations, it is necessary:

a) thatthe ventilators provided for this purpose in the Property should not be blocked
b) thatbrown or sooty build up on any gas appliance should be reported immediately tothe Landlord or Agent

(5.12) Not to cause any blockage to the drains, pipes, sinks or baths
(5.13) Not to introduce into the Property any portable heaters fired byliquid or bottled gas fuels without the Landlord's prior written consent

(5.14) That the Tenant shall be responsible for testing all smoke detectors(if any) fitted in the Property on a regular basis and replace the batteries asnecessary
6. Other tenant responsibilities

(6.1) Within seven days of receipt thereof, to send to the Landlord allcorrespondence addressed to the Landlord or the owner of the Property and anynotice, order or proposal relating to the Property (or any building of whichthe Property forms part) given, made or issued under or by virtue of anystatute, regulation, order, direction or bye-law by any competent authority
(6.2) To pay the Landlord fully for any reasonable costs or damagesuffered by the Landlord as a consequence of any breach of the agreements on thepart of the Tenant in this Agreement

(6.3) To permit the Landlord or any person authorised by the Landlord atreasonable hours in daytime to enter and view the Property with prospectivetenants or purchasers, having first given the Tenant a reasonable period ofnotice
(6.4) That where the Property is left unoccupied, without prior noticein writing to the Landlord, for a prolonged period, the Tenant has failed topay rent for that period, has shown no intention to return, the Tenant isdeemed to have surrendered the Tenancy. This means that the Landlord may takeover the Property and re-let it

(6.5) To properly secure all locks and bolts to the doors, windows andother openings when leaving the Property unattended and where the Property isleft vacant for more than 28 consecutive days and the rent is paid, to notifythe Landlord, and to allow him access to the property in order to secure itwhere necessary
7. Endof tenancy

(7.1) To return the Property and Contents at the end of the tenancy in aclean state or condition.
(7.2) To leave the Contents at the end of the tenancy in approximatelythe same places in which they were positioned at the commencement of thetenancy

(7.3) To return the keys of the Property to the Landlord on the agreedtermination date, or the end of the tenancy (whichever is sooner). The Tenant also agrees to pay for anyreasonable charges incurred by the Landlord in securing the Property againstre-entry where keys are not returned
8. TheLandlord agrees with the Tenant that:

(8.1) The Landlord shall permit the Tenant to have quiet enjoyment ofthe Property without interruption by the Landlord, however this does notpreclude the Landlord from taking action through the courts should the Tenantfail to pay the rent due or be in breach of the Tenancy Agreement
(8.2) The Landlord will return to the Tenant any rent payable for anyperiod during which the Property may have been rendered uninhabitable by fireor any other risk which the Landlord has insured

9. Subject to the condition that aLandlord must obtain a court order for possession of the Property beforere-entering the premises; if the Tenant does not:
(a) pay the rent (or any part of it) within14 days of the date on which it is due; or
(b) comply with the obligations set out inthe agreement,
then thelandlord may re-enter the Property and end the Tenancy.

Thisright must be exercised in the correct way through the Courts and only theCourt can order the Tenant to give up possession of the Property
10. TheLandlord agrees to carry out any repairing obligations as required by section11 of the Landlord and Tenant Act 1985 (see note 4)

11. In this Agreement, unless the contextotherwise requires, the following expressions shall have the followingmeanings:
"The Landlord" includesthe persons who during the period of the tenancy have a legal interest in theproperty

"The Tenant" includesthose who might inherit the tenancy. Whenever there is more than one Tenant allcovenants and obligations can be enforced against all of the Tenants jointly and against eachindividually. Joint and severalliability means that any one of the members of a party can be held responsiblefor the full rent and other obligations under the agreement if the othermembers do not fulfill their obligations
12.The parties agree:

(12.1) Notice is hereby given that possession might berecovered under Ground 1, Schedule 2 of the Housing Act 1988 ifapplicable. That is, that the Landlordused to live in the Property as his or her main home; or intends to occupy theProperty as his or her only or main home
(12.2) The tenancy may be brought to an end if themortgagee requires possession on default of the borrower under Ground 2,Schedule 2 of the Housing Act 1988

(12.3) Before the Landlord can end this tenancy, heshall serve any notice(s) on the Tenant in accordance with the provisions ofthe Housing Acts. Such notice(s) shallbe sufficiently served if served at the last known address of the tenant inaccordance with section 196 of the Law of Property Act 1925 (see note 5)
13. The Property is let together with the special conditions (if any) listedin the First Schedule attached hereto

THEFIRST SCHEDULE (attach a separate sheet if necessary)
1. Schedule of additional tenant charges that mayarise during the Tenancy period.

(a) A£15 charge will be levied on the tenant should the Landlord write to the tenantas a result of a direct breech of any of the covenants on the part of tenantherein contained.
(b) Acharge of £20 will be made to the tenant each time a cheque fails to clear

(c) Acharge of £15 will be made to the tenant for each written reminder of overduerent. The first to be issued no earlier than 5 days after the rent became dueand thereafter on a weekly basis until the amount is due is paid in full.
(d) Acharge of £20 will be made to the tenant should the Landlord be required to refund any overpaidrent as a direct result of the non cancellation of standing order payments bythe tenant after the tenancy period has ended. will not be heldliable for any bank or other charges incurred by the tenant in overpayment ofrent during or after the tenancy.

(e) A charge of 1/8th of monthly rent plusVAT will be made to the tenant where the tenant enters into a new TenancyAgreement on the property following the end of the fixed term. The fee must bepaid in cleared funds no later than theday of signing the new Agreement.
(f) A charge of £150 plus VAT will be due forany Tenancy Agreement changes requested by the tenant proceeding the signing ofthe original tenancy agreement. Tenants are advised that if there is a changein tenants of the property any tenant, including those remaining, who requireda Guarantor for the original tenancy will require a new Guarantor Form to becompleted.

(g) A Charge of 50% of the monthly rent will bemade to the tenant should they vacate the property before the end of the fixedterm and are required to findreplacement tenants to fulfill their tenancy term. Payable on new tenants beingobtained. Please note that tenants are fully responsible for their tenancyobligations until new tenants sign a tenancy agreement relieving their duties.
(h) A Charge of £15 plus any key replacementcosts will be issued to the tenant for any extra sets of keys provided and notreturned at the end of the tenancy. A Charge of £15 will be made to thetenant each time we have to write to the tenants regarding any unreturned keyson temporary loan to the tenant during the tenancy.

(i) A Charge of £25 + VAT will be made tothe tenant for ‘check out’ appointments requested outside the hours of 9am -4pm Monday to Friday. Appointments are subject to availability and Sunday andBank holiday appointments are not available. Charge is payable in cleared funds no later than the inspection appointment.
(j) A charge of £25 +VAT will be made to thetenant should they fail to attend or are unable to vacate the property at theprearranged check out inspection at the end of their tenancy.

2) If anydamage due to smoking is caused to the fixtures and fittings at the property,it will have to be made good by the Tenant by having all carpets, curtains andsoft furnishings professionally steam cleaned.

3) Onissue of an Inventory of the Statement of Condition of The Property at thebeginning of the Tenancy, Tenants should check, sign and return thedocument. If the Inventory is notreturned within 14 days of issue the Inventory will be assumed to portray anaccurate description of the Contents and Condition of The Property.
4) Noticeshall be considered sufficiently served by the Landlord or Tenant should it besent by 1st or 2nd post with an allowance of a two working day period fordelivery.

5)Bicycles are not permitted in either the properties themselves or any communalpassageways. Any bicycles found obstructing fire exits will be removedimmediately and left outside the property at the owners risk.
6) Thetenant agrees that in relation to the Utility Accounts for the property toinclude, Gas, Electricity, Water and Council Tax to waive their rights to dataprotection and allows the landlord or his agent can contact the utilitycompanies on their behalf and where necessary give the companies contactdetails to allow initial accounts to be created or bills to be finalised on thebehalf of the tenants.

7) TheTenant must ensure that should they or the landlord provide a television in theproperty the Tenant is responsible for any Television Licence charges unlessotherwise stated in the tenancy agreement.
8) Theproperty must be kept in a cleanly state at all times. Should the propertyattract rats, mice or vermin due to uncleanliness the tenants will be heldresponsible for any Pest Control services required.

9) If theTenant reports any disrepair, damage or defect in the Property and it is deemedto be caused either directly or indirectly by the Tenant or through the actionsof the Tenant; the Tenant will be held fully liable for payment to thecontractor. If a contractor attends and finds the call out to be false orunnecessary, the Tenant will assume full responsibility of payment of areasonable call out fee payable directly to the contractor.
10) Inthe case where tenants are paying a ‘summerretainer’ for months July & August of a particular year, tenants arepermitted to leave their belongings in the property during the period inquestion but are NOT permitted to occupy the property without writtenpermission from the Landlord. In mostcases written permission will be granted upon payment of full rent during theperiod the tenant wishes to occupy the property.

princeofpounds

Not going to read through a whole agreement. Maybe someone with more time can.

But their NUS will have access to a legal advisor who can. Often university housing services will do this too.

Joint and several is of course often deeply inappropriate for student rentals where the guarantors don't really have any knowledge of the other tenants they are guaranteeing, and the potential liability is too vast.

But then do realise that many landlords will simply not give a tenancy unless it is joint and several, and the shortage of student accommodation means there is little choice.

IIRC, the maximum number of parties to an AST is actually 4, so if she is named 5-7th position on the tenancy then the LL may have limited comeback to her. But I am not firm on that point.

Another possibility is that frequently guarantees are often made unenforceable by not being constructed properly. That may provide you with another 'dodge'.

eddddy

Wikikenkey wrote: »

J
...
How can I rephrase the "jointly and severally" sentences so the limitation is restricted to just my daughter's rent? Is this a standard agreement?

Welcome to the world of student letting!

I think you will find "joint and several" liability in all tenancy agreements for shared student houses.

You can try negotiating with the agent on this but I suspect the answer will be "if your daughter and her friends wont sign this agreement, there's plenty of other student tenants that will".

Perhaps the best solution is to explain to your daughter that she will be jointly responsible for all her friends' rents (and any damage they cause) - does she know and trust them well enough to commit to that?



(Or maybe you're suggesting quietly crossing out and changing clauses in the AST, and hoping that the agent doesn't notice/challenge the changes? If so, I guess it might work! Who knows!)

silvercar

It is a big problem with student letting. Unless you can persuade the landlord to change the contract then you have to make a decision on whether you take the risk.

Wanting to be helpful to your student offspring generally means that you do run that risk and hope that all like minded parents of the fellow students think the same.

Specific dangers occur when 1 or 2 of the students get away with not having a guarantor or a substitute student joins the tenancy mid year and hasn't paid full deposit etc. Also, a landlord may be less willing to chase a parent guarantor who resides overseas than one in this country.

Rambosmum

If your daughter is sharing the house with friends and they are renting the whole property together then this is normal and perfectly justifiable. If your daughter is renting a room in shared property then you can reasonably expect separate tenancy agreements and request one. The LL is likely to tell you to do one though.

Pixie5740

As others have said, joint and several liability is very common for student lets. There is no such thing as your daughter's share. All tenants are held jointly and severally liable for the total rent.


Have you been asked to be a guarantor?

Wikikenkey

Thanks all. Yes I have been asked to be a Guarantor. Myself and the other parents have been given forms to fill.

Arkers

This is a fairly standard AST (assured shorthold tenancy) agreement. As others have said it's common practice for properties to be let as a whole where all parties are subject to the T's and C's in the contract. More often then not mortgage lenders require properties to be let this way, rather then having separate licence agreements with each tenant. Although again this depends upon the nature of the property, for example are there communal areas in the house shared etc.


If your daughter wants to rent the house, then to reiterate what has already been said you have very few options. What you can ensure is that all the other tenants have a guarantor in place, and that the deposit DOES get protected. I would ask if the deposits could be registered in each of the tenants names separately, rather then lumped together with one lead tenant.


As a practical point, I would also make sure that all the utility bills are put in all the tenants' names and not just one or two; you don't want to be left with huge bills in your daughter's name only.


You don't mention whether this agreement is via the Uni's accommodation service. I would always recommend going through them as most tend to offer an agent type service nowadays, and in my experience you are less likely to be ripped off by huge charges. If it is via a high street agent then just be aware.


Hope this helps


Arkers

TartanSaver

You said in the first post that it was bills included, but this lease specifically says bills are tenant responsibility. Which is pretty normal for non-student lets, but if bills are included in her rent, this looks like a mistake.

G_M

Arkers wrote: »

As a practical point, I would also make sure that all the utility bills are put in all the tenants' names and not just one or two; you don't want to be left with huge bills in your daughter's name only.

Arkers

Except that this raises a different issue.

If more than one name is on the utility bill(s), those individuals (however many there are) will be financially linked.

If one of them gets a CCJ, or other bad credit, any time in the next (7 ?) years, the credit records of the others linked to him/her will be affected. This could make future applications for mortgage, loans, credit cards, or even bank accounts difficult......

Arkers

Good point, you can get schemes to manage this but I believe there is a cost involved. I would think if you have a joint tenancy agreement with others where you are joint and severally liable then you risk this too? ie that your potentially liable for others debt if they don't pay then rent?