Assured Shorthold Tenancies - Your Rights and Obligations

One of the most common, if not the most, types of contracts a student will sign is an assured shorthold tenancy agreement (AST). Most students will live in a property that requires a House of Multiple Occupancy licence (HMO). The requirements for HMO licences vary in each city but the most common is a house that is rented to three or more people that form more than one household.

When signing your contract, it is important to know what type of tenancy agreement it is as this will impact your rights.

Joint and severally liable

Every student will come across this term at some point. It is found in almost every AST agreement.

This means that your landlord expects you to each pay your own individual rent, for example, £100 rent each per week.

However, if one of you fails to pay, your landlord would claim the money from all the people who signed the contract. The shortfall would have to be covered between the rest of you or by a single person and each of you would be liable to cover the amount in full until the shortfall was covered. his term is included as standard in all contracts and cannot be removed. Everyone must understand what it means.

The Lead Tenant

Lead tenants have more responsibility than the rest of the tenants. Most contracts stipulate that the lead tenant will be the main point of contact for the landlord.

Often students don’t fully realise the legal responsibilities of being a lead tenant.

The lead tenant must be someone who is well organised and can challenge the landlord if required.

In most circumstances, only the lead tenant can start a deposit dispute.

Student Rights in an AST

Surveys show that the right 'not to be disturbed' is the most abused right.

This means your landlord must give minimum 24 hours notice before their visit unless it is for an emergency such as fixing a gas leak.

Letting or estate agents are often the biggest culprits of not providing sufficient notice for viewings. Where an estate agent turns up without notice, you have every right to turn them away.

Where an agent does this consistently, you can make a formal complaint against the company. All letting agents will have a procedure to deal with formal complaints which can be found on their website, including the details of their regulatory or professional licensing body who would be the next step if your complaint is not dealt with satisfactorily.

Your landlord must protect your deposit.

Your landlord must protect it within 30days of you paying it, protect it within an authorised scheme and provide you with written information about the scheme.

You can receive between 1 and 3 times the deposit amount if your landlord fails to protect your deposit within 30 days, provide you with written information within 30 days or keep your deposit protected throughout the tenancy.- For more information on claiming you can contact your local citizen's advice or check their instructions here.

Your landlord can’t increase your rent.

Unless you agree to it or your contact includes a rent review clause.

Your landlord must give you a copy of the Government’s How To Rent guide (this is only a requirement in England).

If you're not provided one, your landlord will have very limited power to evict you under a Section 21 notice.

Section 21 is used for evictions where there is no particular cause.

However, if you have breached your contract your landlord will still have the power to evict you under a section 8 notice.

For more detail on Section 21 and 8 notices check the Government website here.

You can’t claim compensation for your landlord not providing you a How To Rent Guide.

Your landlord must organise a yearly gas safety check.

Your landlord should provideyou with the new certificate within 28days of completing the check.

You have the right to the name and address of your landlord.

This means they must tell you who they are and not just who the person managing the property is.

Unfair Terms

Here are some common unfair terms found in student contracts:

‘The tenant must and agrees to permit the landlord and its agents or servants with or without workmen to enter the property at any time.’

This term should be amended to include the 24hour minimum notice unless there is an emergency.

‘The landlord may, if the tenant fails to keep the property in a clean and presentable condition, employ the services of a professional to do so and charge the tenants any costs incurred therefore.’

This term should be removed. You have the right to keep the property as clean or messy as you like. Your obligation is to ensure your activities do not create unsafe living conditions, rodents or damage to the property.

‘The landlord may bring the tenancy to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving to the tenant at least two months' written notice stating that the landlord requires possession of the property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.’

This clause should provide equal rights in that both of you should have the same cancellation rights. If not, then this term should be removed.

The Government has a list of terms that are deemed unfair in tenancy agreements. The full document can be found here.

The above summary is to help you understand your rights and obligations as a tenant, some of the things to look out for when reviewing the rental agreement, where to further help and how to raise a complaint.

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