Advice for Renters

To be classed as a “tenant”, you must under the law, satisfy the following four conditions: 

1. A legally binding contractual relationship has been entered into with the landlord.  
2. The occupier has the right to enter and occupy (possess) at least one room in the property to the exclusion of everyone else, including the landlord. 
3. You are renting for a period of time. This can be either ‘fixed term’, e.g. 12 months or ‘periodic’, when you’re in an agreement to pay rent week by week or monthly with no clause specifying when the contract will end. 
4. Rent is being paid to a landlord or agent.  

If one of more of the above conditions are not met, then you are classed as a ‘Licensee’ whereby you have permission to occupy rather than a legal right of occupation, as would be the case if you were a tenant.  Some common examples of licence arrangements are: 

• Living with parents or family where there is unlikely to be a contractual agreement to live there or “exclusive occupation” of one room. 
• Living in a hostel where you are sharing a room with someone else. 

Assured Shorthold Tenancies 

The most common form of tenancy agreement in the private rented sector is an Assured Shorthold Tenancy (AST). These are generally the tenancies created automatically by law, unless the rent is more than £100,000 a year or the landlord lives in the same property. ASTs usually are for an initial fixed term, which may be one or two years. In some agreements, the tenancy can be for an indefinite period (known as a Periodic Tenancy). ASTs automatically continue after the initial fixed term, as a periodic tenancy, if no further fixed term is agreed.  

An Assured Shorthold Tenancy protects you from being evicted to some extent, as the landlord will need to serve you with a notice. They they will then need to apply to court for a judge to agree to the eviction. Commonly, this is known as receiving a Section 21 notice, followed by a Section 21 eviction. Your landlord cannot evict you without following the proper legal procedure. 

Many student tenancies are joint tenancies where all the people who share the property are jointly and severally liable. This means as a joint tenant you share the responsibility for the whole amount of the rent, any rent arrears and any damage to the property during your tenancy. If one person wants to leave the tenancy, everybody needs to agree to this and if no replacement is found, it would involve the remaining tenants splitting the rent between fewer people.

If the contract just contains your name, then you have sole liability for the rent and any damages to the property or room. 

License agreements

If you don’t have an Assured Shorthold Tenancy, then it’s likely that you’ll have a licence agreement with your landlord. Licences are either called a Bare Licence or a Contractual Licence.  

• A bare licence is where you have a simple permission to live in a property, e.g., looking after a friend’s home or living with parents.   
• A contractual licence is where you have accommodation in exchange for performing a service or pay money in return for that accommodation, but the conditions for creating a tenancy, which we mentioned at the top of this page, are not met. 

Living with a Landlord 

Some students rent a room in a house where the landlord also lives, sharing “common spaces” such as a kitchen or bathroom. If you live with your landlord then you have different legal rights, for example compared to having an Assured Shorthold Tenancy. This is sometimes referred to as being a "lodger". You could be asked to leave with a shorter notice, such as a week, unless you have a contract which states otherwise. It is advisable to get a contract as it will protect you and confirm your rights whilst you live in the accommodation. 

Tenant Fees Act 

From 1 June 2019, the government introduced the Tenant Fees Act. The Act bans most letting fees and caps deposits paid by tenants renting in the private sector. 

The only payments that landlords or letting agents can charge tenants for are: 

• Rent. 
• A refundable tenancy deposit which is no more than five weeks’ rent where the total annual rent is less than £50,000, or six weeks’ rent where the total annual rent is £50,000 or above. 
• A refundable holding deposit (to reserve a property) capped at no more than one week’s rent. 
• Payments associated with early termination of the tenancy, when requested by the tenant. 
• Payments associated with amending your tenancy, including swapping tenants (where allowed by your landlord). Capped at £50 unless the landlord can show greater costs
• Payments in respect of utilities, communication services, TV Licence and Council Tax. 
• A default fee for late payment of rent and replacement of a lost key/security device giving access to the housing, where required under a tenancy agreement. 

You can find more information in our Guide to Tenant Fees.

Break Clause 

• A break clause in a contract allows either the tenants or the landlord, or both, to end the tenancy early by giving notice. Your tenancy agreement should tell you when and how notice can be given. 
• If you have a joint tenancy, then all tenants usually must give notice jointly under the break clause in order to bring the tenancy to an end. This is unless the agreement says something different. Using the break clause will end the entire tenancy, so it's not possible for just one joint tenant to use the break clause and move out whilst the others remain.
• Not all contracts have break clauses.
• You usually need to ask for one when you're negotiating the terms of the tenancy, before you sign anything. There is no requirement for a landlord to agree to include a break clause.

Assignment 

• You can sometimes move out early if you find someone who can take over your tenancy – this is known as ‘assignment’
• It is your responsibility to find a replacement tenant, and your landlord (and flatmates) need to agree in writing to an assignment. If a letting agent is involved, they might be willing to help to find new tenants.
• Your landlord usually cannot ‘unreasonably’ refuse to consent to an assignment and a term in the contract that says assignment is not allowed may be unfair
• There can be a fee for assignment, but it shouldn’t be more than £50. You can only be charged more than £50 if the landlord can show the change costs them more than this.
• Assignment should be agreed in writing by ‘Deed’ (a legal agreement confirming the assignment).
• You will need to keep paying rent until a new tenant is found  .

Be aware that finding a replacement tenant can take some time, you can advertise your room for free on Gumtree, Facebook Marketplace, or Spare Room. Student housing Facebook groups can also be places to find a replacement tenant - try Flatmate Finder Facebook Group (run by University of London Housing Services). The Union also has a Flatmate Finder where you can post adverts and look for spare rooms.

Subletting 

• This is where you find a new tenant for your room but you continue to pay rent to your landlord
• Sub-letting can be risky, as you take on the responsibilities of a landlord and remain liable to your landlord for any damage caused to the property by your sub-tenant
• It is important to get the consent of your landlord and your flatmates before sub-letting.

Surrender 

• This is the legal term for where a landlord and tenant mutually agree to bring the tenancy to an end
• Surrender should be agreed in writing by ‘Deed’
• You may have to pay the landlord or agent ‘reasonable costs’ for a surrender. 

Can I just move out?

• Your options for moving out part-way through a tenancy are limited.

• You do not have an automatic right to end the tenancy early even if:
  • your situation has changed
  • there are problems with the property or landlord

• Moving out early is not generally recommended, as you will likely still be liable for the rent for the rest of the contract
• Seek advice from our Advice Service if you think that:
  • The landlord or agent misled you or misrepresented the situation before you entered into your tenancy
  • You relied on promises or assurances from the landlord or agent in entering into the tenancy, and the landlord or agent has not done as promised
  • The property has become uninhabitable due to serious disrepair.
  • The landlord has not complied with any other legal obligations

Shelter also have information on their website about ways you can try to end a fixed term tenancy early.