Understanding tenancy agreements
What happens when I sign a tenancy agreement?
Once you sign a tenancy agreement (housing contract), it is legally binding. This means you're bound by the terms of the agreement, including paying rent for the full length of the contract. This includes online bookings if you proceed to click through to 'sign' a contract online (this is sometimes called 'making a booking' or 'accepting an offer').
Even if you don't move in, pick up the keys, or pay a deposit/provide ID/provide a guarantor's details, once you have signed the contract, you are bound by the terms of the agreement. Sometimes the agreement will indicate that your room will be re-let if you don't move in, but this is just an option that the landlord/housing provider has - generally they do not do this, and instead your tenancy (contract) will persist.
What does jointly and severally liable mean?
Joint tenancies
If you rent a property as a group and you're all named on the contract, it's likely you have a joint tenancy. This means you're all liable for the whole rent of the premises and for any other obligations under the tenancy, including bills.
For example: A group of four tenants sign a joint tenancy for 9 months, with each tenant paying an equal share of the rent. If one tenant decides to leave in the sixth month because they're fed up that noone else does any cleaning, the landlord is entitled to collect the shortfall in rent from any or all of the remaining tenants. The remaining tenants may subsequently be able to recover this money from the missing tenant, but this is not always possible.
In the above circumstance, the ideal solution would be for the leaving tenant to find a new tenant to replace them.
If tenants don't pay their rent, the landlord can ask any one of the other tenants to pay the shortfall.
Sole (individual) tenancies
If you rent a studio or a private flat, it's likely you have a sole tenancy. In this case, the agreement is between you and the landlord/agent. You and your guarantor, if you have one, will be solely liable for any rent arrears or damages.
Sometimes a group of tenants can have individual tenancies of their rooms, even though they're sharing a property. If you'd prefer to rent a property as a group but you want to avoid the burdens of a joint tenancy, you could try and negotiate individual tenancies of your rooms. This means you're only liable for the rent for your room, but have access to all the joint facilities of the property (i.e. bathroom, kitchen, etc). However, there are disadvantages to this, including:
- If someone leaves, you don't have any say on the replacement tenant.
- Claims can still be made against you for damage to the common areas of the property, unless the person responsible is identified.
- You may need to pay a separate licence fee for each TV in the house.
Read our detailed tenancy agreements guide for more information on how housing contracts work and what to look for.
I'm struggling to pay my rent, what can I do?
If you don't pay your rent then you risk losing your housing, so it's important you take action.
Firstly, talk to your landlord and explain what problems you're facing. They may be understanding and offer an arrangement to pay what you owe (i.e. change the payment schedule, or wait until you receive your student funding). It's important you keep your landlord updated; they may take further action if they simply think you're unwilling to pay your rent.
Don't ignore any letters regarding rent arrears as these are grounds to start legal proceedings to evict you from the property. Landlords can also take you to court to recover the money you owe.
If you need advice, contact us at SU Advice.
Did you know?
If you're persistently late with your rent or owe rent to your landlord, and you're unable to reach an agreement with your landlord, they may apply to the court to evict you. What your landlord can do and what the court decides depends partly on the type of tenancy you have and partly on the reason your landlord is applying to evict you. However, if you owe 8 weeks or 2 months worth of rent, the court may make the eviction mandatory.
Your landlord must follow set procedures to evict you, and you don't have to leave the property while these procedures are under way. Shelter provide further information on eviction due to rent arrears.
If you're threatened with eviction or the landlord threatens to take you to court, please contact us at SU Advice as soon as possible.
National Debtline can advise you on managing your debts, and Shelter can provide advice if you're at immediate or imminent risk of homelessness.
I'm not happy where I'm living, can I move out?
In some cases, you may be able to leave your tenancy early. View our detailed guide to leaving your tenancy for more detailed information.
If you don't have a break clause in your tenancy agreement, and you want to leave your contract earlier than it allows, you have 3 options:
- Negotiate with your landlord.
- Find a replacement tenant (with your landlord's agreement).
- Take the risk and move out; however, you will remain liable for paying rent until the end of the contract.
Full guide to tenancy agreements
How to leave your tenancy agreement early
Work through the following steps if you need to leave your tenancy agreement early.
1. Check your tenancy agreement or housing provider's booking conditions
Identify whether there's a cancellation clause, also called a break clause, or cooling off period (if your contract has not yet started).
2. Negotiate with your landlord
Your landlord may be sympathetic to your circumstances and be open to negotiating to end your contract early. If your landlord agrees, we'd recommend getting a copy of this in writing. If you're a joint tenant, you and your landlord will also need agreement from the other tenants.
If your landlord has not met some of their obligations, e.g. protecting your deposit, this may help in negotiating - however, it's best to seek advice on this first.
The following suggestions could be used to negotiate:
- Will your landlord accept a one-off payment to allow you to leave your contract early?
- Will your landlord accept your deposit as part payment?
- Could you provide supporting evidence to back up your case, such as a letter from your tutor or GP?
3. Find a replacement tenant
Landlords often agree to allowing you to move out of the property if you can find a replacement tenant. However, it's your responsibility to find a replacement, and it's important that everything is agreed properly in writing. Some landlords/agents will advertise for a new tenant on your behalf. If you're a joint tenant, you and your landlord will also need agreement from the other tenants.
To find a replacement, put as many adverts up for the room as you can. Make use of the following:
- Posters in shop windows, newsagents, Post Office, etc.
- The Star (local newspaper)
- Contact Hallam's University Accommodation Service to see if they know any students looking for a room.
- Relevant web forums, such as:
Once a replacement tenant is found, a new tenancy agreement should be signed with the replacement tenant (i.e. between them and your former housemates if it's a joint tenancy, or they should sign a new agreement if it's a sole tenancy).
4. Move out/don't move in
It's risky to move out, or not actually move in, if you've not found a replacement tenant. You'll be in breach of your tenancy agreement and will remain liable for paying rent until the end of your contract.
If you intend to take this action, please contact us at SU Advice first.
Full guide to leaving a tenancy