Tenancy agreements and legal rights

The tenancy agreement will set out the basic details of the tenancy as well as the rights and responsibilities of the tenant and landlord.

• Address of the property being rented.
• Full names and contact details of:
  • all tenants,
  • the landlord,
  • any agent managing the property.
• Start date and duration of the agreement, including information on how to end the tenancy.
• Rent details:
  • The amount,
  • Payment dates,
  • Payment frequency (e.g. monthly or aligned with student maintenance loans)
• Deposit details: The security deposit amount (capped at a maximum of 5 weeks' rent) and which government-backed deposit protection scheme it will be held in.
• Tenant and Landlord responsibilities: Who handles repairs, maintenance, garden upkeep, and safety compliance.

The tenancy agreement should have clear details on whether utility bills (water, gas, electricity, Wi-Fi) are included or if they are the tenant's responsibility.

Make sure to read the agreement carefully to see what is included. Some tenancies may include some, but not all, bills. For example, water bills may be included in the rent, but tenants are responsible for other bills such as Wi-Fi.

Even where a tenancy agreement includes all bills, there may still be some restrictions on usage or bills you need to pay yourself, for example, if you need a TV licence.

Setting up and splitting bills

If you manage bills yourselves, try to divide responsibility evenly. If bills are in your name, you are legally responsible for paying them, even if your housemates haven't given you their share.

Fair usage policies

Many tenancy agreements include a fair usage policy capped at a specific monetary or energy limit per month/year. If your household consistently leaves heating on high, leaves appliances running unnecessarily, or uses excessive energy beyond this agreed-upon limit, the landlord or utility provider has the right to charge you for the extra usage, meaning housemates will have to split any overages out of pocket.

Council Tax Exemption Rules: Full-time students living in a household where every resident is a full-time student are 100% exempt from paying Council Tax. To claim this, you must download your official "Council Tax Exemption Certificate" from your My Student Record account and submit it to the local city council as soon as your tenancy begins.

Note: If even one person in the house drops out, graduates early, or is studying part-time, the household loses its total exemption.

Joint Tenancy

Common in shared student houses. You likely have a joint tenancy if you and your housemates sign a single contract together.

You are "jointly and severally liable", meaning if one housemate stops paying rent or damages the property, the landlord can legally demand the missing money from any or all of the remaining tenants and any guarantors.

As the agreement is for the whole flat, this means that you and the other tenants have "exclusive possession" of the whole property, meaning that the landlord cannot enter the property without notice and permission.

If one tenant ends the tenancy, this ends the agreement for all the tenants.

Individual Tenancy

Common in halls or room-by-room lets. You likely have an individual tenancy if you sign a separate contract for your specific bedroom and shared access to communal areas.

You are only liable for your own rent and any damage to your room or shared areas directly caused by you.

Individual tenancies in shared houses or flats are usually only for the room that you rent. You have "exclusive possession" of this room but only the right to access shared areas. This means that the landlord can access shared areas without notice or permission, but not your room.

The Right to Quiet Enjoyment

Your landlord cannot harass you, show up unannounced, or enter your room without proper notice (usually 24 hours). It's your home while you rent it.

Fitness for Human Habitation

Your accommodation must be safe and liveable. This means working heating, reliable hot water, secure locks, and no severe damp, mould, or pest infestations.

Tenant-Like Care

You have a legal duty to act reasonably - like keeping the place clean, reporting maintenance issues promptly, turning off taps to prevent floods, and not causing damage.

Paying rent

Even if a clause is somehow vague, you have a baseline obligation to pay your rent on time in exchange for living there.

You likely have an assured tenancy if:

• You live in a shared house or flat with other students managed by a high-street letting agent or independent landlord.
• You live in a shared house or flat with some students and some non-students.
• You live on your own, in a property that does not require you to be a student.

Features of an assured tenancy include:

• The tenancy is rolling and periodic (weekly or monthly) with no fixed terms or end date.
• Landlords can only evict you on specified grounds, including ground 4a which is a specific to student housing (see below)
• Tenants can give 2 months' notice to quit (see below)

Your tenancy is likely to be exempt if it is one of the following:

• Private Purpose-Built Student Accommodation - Accommodation built specifically for students that meets specific code exemptions (see below).
• Resident Landlords - If you live with your landlord (e.g., renting a room as a lodger and sharing living spaces). Find out more about rental agreements for lodgers.
• Council and Social Housing - Council housing tenancies (and most registered housing association social housing) are initially excluded from the immediate rollout of the Act. Find out more about Council housing tenancies.
• If your housing is provided as part of your job - This could be temporary housing provided by an employer or a premises that comes with a role, such as a pub landlord. Find our more about accommodation that comes with your job.
• Short term or holiday lets - Seasonal lets or Airbnbs contracted for less than 6 months.

You likely have an a PBSA common law tenancy if:

• You live in a cluster flat with a shared kitchen in a building which is only rented out to students.
• You live in a studio in a building only rented out to students.
• The company runs the property is a private halls of residence or student accommodation provider.

Note: All accommodation booked through the University Accommodation Service is in PBSA, issuing common law tenancies.

Features include:

• Requirement that you confirm your student status on booking and moving in
• Fixed term contracts for the academic year
• Rent in advance or rent payment dates lined up with maintenance loan payment dates

For them to be exempt from the Renters' Rights Act they must:

• Be part of a building occupied by more than 15 students
• Be a member of The National Codes

Check online to see if your property is a member of the National Code. If the property you live in is not listed, it is not eligible for the PBSA exemption to the Act, and you have an assured periodic tenancy.

Note: Tenancy agreements produced in the run up to the introduction of the new Act may say they are Common Law but may not be drafted correctly. You may instead be on an Assured Shorthold Tenancy that will convert to an Assured Periodic Tenancy. Get in contact with the advice centre to have your contract checked.