The Big Guide to Living Off-Campus

Student Advice and Support Service

THE BIG GUIDE TO LIVING OFF-CAMPUS KNOW YOUR RIGHTS AND RESPONSIBILITIES

How do I get my deposit back?

What if I change my mind?

When do I start looking accommo for dation?

“When I was a first year, everyone used to tell me that to get a nice house in town you had to sign up early. I did just that for my 2nd year house and ended paying a lot for a fairly average house. Therefore, my friends and I decided to wait until April 2013 before signing for a house for the following year. This was a fantastic idea as we ended up getting much more for our money as landlords were keen to negotiate come the latter half of the academic year. Hang back until the 2nd semester and negotiate for better deals! I now only pay £58 PPPW – all inclusive.”

04 Househunting 12 Contracts

Ben Lambert (International Relations 3rd year)

16 Deposits 20 Moving In

There is a myth in Loughborough (as in most university towns) that you have to rent a house before Christmas or you won’t get a good one! THIS IS JUST NOT TRUE! In fact there are more houses than students in town; because of this, letting agents and landlords want to fill their properties quickly or they will remain empty. It’s simply business to them.

22 Staying Safe 24 Living in the Property

Don’t be panicked into renting a house, students who wait will have more bargaining power and get much better deals.

The students who get the best deals, best houses and have fewer problems when renting do the following: 1. Wait until they know if they have passed their first set of exams – (what if you fail, and are not allowed back on the course?)

2. Choose their housemates very carefully and wait until they are really sure about someone before agreeing to rent with them 3. Ignore the letting agents/other students who tell them all the best houses will be gone – THEY WON’T! 4. Start looking in April and negotiate on the fees, rent and terms of the contract 5. Look at lots of houses with lots of different agents- and follow our checklist (page10) when viewing a property

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6. Get any promises by agents/ landlords put into the contract (or at least in writing) 7. Know their rights and responsibilities under a contract and have it checked by one of our advisers 8. Check their deposit has been protected 9. Complete a thorough inventory when moving in- they know they will need it when moving out 10. Seek advice from us at the first sign of any problems!

Finding accommodation can be daunting but where you live while studying at Loughborough is one of the most important decisions you will make.

When things go wrong with your housing there is nothing more likely to cause you to stop enjoying yourself, and impact on your studies. We want you to do well, and have a great time in Loughborough.

29 Problems 32 Ending your Tenancy 34 Moving Out

The advice is simple, work your way through this guide and you will have a better experience of renting, giving you more time to enjoy the Loughborough Experience, and concentrate on your studies!

#DONTRENTYET

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HOUSEHUNTING

HOUSEHUNTING

You should be aware of the implications of signing a contract before you commit yourself

Where to find accommodation in Loughborough Halls of Residence If you want to live in halls of residence on campus you apply through the Student Accommodation Centre www.lboro.ac.uk/services/campus-living/ accommodation/howtoapplyforyourroom/ returningstudent

HOUSEHUNTING

Private Rented Accommodation

What type of Accommodation are you looking for?

Private Rented Accommodation In this type of accommodation a number of students share a house, flat, or bedsit.

You should have your own bedroom and share the kitchen, living room and bathroom with other students. These can range in size, and the number of people they can accommodate.

Often you will have a joint contract, with all the other tenants, where you are jointly responsible for the rent, bills and for keeping the property clean and tidy.

Occasionally landlords offer individual contracts where you are only responsible for your room and your share of the communal areas. Either way you are likely to have an Assured Short-hold Tenancy Agreement (AST). You should be aware of the implications of signing a contract before you commit yourself – please see ‘Contracts’ section.

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Accommodation is normally fully furnished but you are expected to provide your own bedding and towels and often smaller domestic items (desk light, iron, kettle, toaster). However, you need to check what is supplied when you view the property.

Halls of Residence Loughborough has 16 halls of residence both catered and self-catered.

A range of different room types are available: every study bedroom has standard furnishings and equipment including shelving, work study table, chair, wardrobe and curtains. Free Wi-Fi and wired internet access in all rooms.

Most halls have launderette facilities, bike storage, common rooms with TV and vending machines, and free contents insurance is provided.

Private Halls of Residence Loughborough has a number of purposebuilt student apartment blocks providing single and shared accommodation. These are owned by private landlords and are not linked to Loughborough University Halls of Residence.

If you wish to rent off campus then we strongly advise you visit Studentpad which is managed by the Student Accommodation Centre (SAC).

All properties advertised on this site: 1. Have been inspected by SAC;

2. Are accredited by Decent and Safe Homes (DASH) Landlord Accreditation; and 3. Meet the standards set in partnership with Charnwood Borough Council For information regarding the accreditation standards please refer to the DASH website: www.dashservices.org.uk

Studentpad lets you search for available properties in Loughborough and has a notice board facility to advertise for housemates.

This can be found at: www.lborostudentpad.co.uk

Lodgings If you are on a strict budget, consider lodgings as these may be a cheaper option, but they do involve living in someone’s home. Generally, the kitchen, bathroom and common areas are shared, although this can vary along with the services provided.

House rules and regimes can also vary considerably, so it’s best to talk to the resident owner about how the house works to see whether his/her lifestyle will be compatible with your own.

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HOUSEHUNTING

HOUSEHUNTING

Essential things to think about before you start your search Letting agents

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Will this be enough? What have the bills been like in the past?

What do you want in the property?

Not everything will be possible but your group could draw up a list of essentials and desirables. This will help you when you start viewing properties.

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Who to live with?

Is there a cap? What is it?

Properties in the golden triangle can be more expensive than others, and at night this area gets very noisy. If you want cheaper rents and a quieter location look in another area!

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Local newspapers may have accommodation listings. These newspapers are available from the local newsagents or online: Loughborough Echo www.loughboroughecho.net

What is the inclusive rent compared to rent without bills?

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Local newspapers

It is always advisable to look for agencies that have the SAFE kite mark or are members of ARLA, NALS, and the Property Ombudsman. These are governing bodies that ensure high standards in their members and have client money protection, which means any money you have paid to the agent will be protected if the agent goes out of business.

What utilities are included i.e. gas electricity, TV licence?

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There is a ‘marketplace’ section on the LSU web pages advertising available properties for rent: www.lufbra.net

Living out means you will be further from the university so you will need to consider public transport links and what the costs are likely to be over the year.

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LSU Web Pages

Remember to take your time choosing a house and avoid being swayed by letting agents or landlords who want you to sign a contract very quickly.

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You may find accommodation advertised on notice boards on and off campus, e.g. in the Union Building, shop windows, etc. These may be from landlords or from students looking for people to share with.

Properties with bills included can seem like a good option. However ensure that you have all the information and ask the right questions. Questions to ask include:

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Notice boards

If you use a letting agency, you will usually need to register with them before they offer you any accommodation. You can register with more than one letting agency at a time and they should not charge you for registering.

Look at what money is coming in and what money is / will be going out and prioritise what you really need to spend your money on. Rent, energy bills and course equipment will be essential out goings, if you can’t pay for these things you’ll find yourself in a mess pretty quickly. We have more information on our website about how to budget: www.lboro.ac.uk/services/sass

You will need to know what budget you have to live on.

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Accommodation may be found by word of mouth; information from friends and so on. If some people you know are due to leave a house that you like, follow it up with them (but get all the info on the landlord first).

Explore areas of Loughborough to decide where you want to live. Rent levels vary depending on different factors, such as distance from the town centre and public transport links. Many students choose to live in a property located in the ‘Golden Triangle’ which is half way between the University and town – Leopold Street, Paget Street, Station Street, Storer Road, Cumberland Road, Rosebery Street, Oxford Street, Goodyards Close and Havelock Street.

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Personal contacts

Some places are rented directly from the landlord and some are rented through a letting agency on behalf of the landlord. Remember the letting agent works for the landlord and not you. Some letting agencies specialise in finding accommodation for students (this does not necessarily make them the best though).

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Other ways to find a property

Location

Ashby Rd

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HOUSEHUNTING

HOUSEHUNTING

Before you sign

You should always go and see the accommodation before you agree to move in or sign any written agreements. Never agree to a place on someone else’s recommendation.

Do not rush into making a decision or signing for the first property you see. Ensure you have time to think things through and talk with those you are looking to share with. Re-visit the property. You may be told that others are also after the house, this is a tactic to make you sign up quickly without really thinking about it. Hold strong and wait until you are totally sure this is the right place!

Viewing a property

If any repairs are needed on the house then this is the time to discuss them. Make sure that the landlord will agree to carry out all the repairs/improvements before you move in and make sure that it is WRITTEN in the contract (don’t just rely on their word).

Negotiate on things- if the bathroom is revolting, ask them to replace it before you move in – if they don’t agree, look elsewhere!

There is no such thing as a ‘Student Let’.

If this is how a property is referred to, it generally means of lower quality!

If you are liable for the utilities such as water, gas, electricity and the internet, it is important to think about how the bills will be paid.

Just because you are a student it does not mean you cannot live in a nice house. Don’t accept sub-standard housing, and remember the law applies equally to students as it does to any other member of the public.

Discuss living arrangements with your housemates before signing (maybe even before viewing). We have listed a few to start you off:

Time spent inspecting a potential house systematically is invaluable. This will save you time, money and, maybe problems in the future.

Arrange the official viewing during the day in order to have a good look at the property from the outside.

Prior to the viewing have a walk around the area at different times of the day and make sure you like the atmosphere and feel safe.

Visit the area after dark with someone to ensure that you feel comfortable in the area at night. This property may be your home for the next 12 months and you need to be safe and secure.

When viewing the property, take your time (don’t be rushed by others). To help you we have put together a checklist which identifies some of the key things you should look for. This can be found on page 10. It is worth taking this along with you when viewing properties. You will soon forget which property had what.

If it’s horrible now, it’s going to be horrible later.

Walk away now and keep looking!!

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Who will have which room in the house?

Study habits and times?

Students who wait until later in the year are able to get landlords to agree to things that would be impossible for those who rent too soon.

Social habits – do you stay up late? Go out at night often?

Stay in and invite friends? Early nights?

Who and when will the cleaning be done? Clean as you go and may be draw up a cleaning rota?

Is it acceptable to have friends over to stay?

How will you agree on heating- when will it be on (you wouldn’t believe the problems this can cause between housemates!).

Is there enough kitchen cupboard space? Who will bring what to equip it?

Discuss in advance how bills will be paid. Please see ‘Living in the Property’ for more information.

Equip yourself with as much information as you can and as early as possible. Find out what is available. If you are unsure about anything or if you want to know more ask the landlord or the letting agency.

At this stage you should bring your contract to us for checking so you really understand your RIGHTS and RESPONSIBILITIES!

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Take this with you when you view.

Extra copies are on our website ADDRESS

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A G N I W E I V Y T R E P O R P T S I L K C E H C

LANDLORD LETTING AGENCY iate for 10 months ot eg (n Y C N A N TE F LENGTH O ferred) instead of 12 if pre rd it?)

RENT (can you affo DEPOSIT

££ Is there a garden? Who maintains it? Are tools provided? ££ Are windows in good condition? ££ Check the roof – is it in good condition? ££ Are any slates or chimney pots missing? ££ Are the gutters free of rubbish and vegetation? ££ Are the drains clear? ££ Is any of the woodwork rotting or unsafe? ££ Adequate facilities for refuse disposal and recycling?

BEDROOMS

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PLUMBING ££ ££ ££ ££ ££ ££ ££ ££

Is the bathroom in good condition?

Are there enough bathrooms/toilets?

Is there a shower?

Any fittings dripping or leaks? (Look up and check the ceiling) Does the hot water get hot enough?

Do all the taps work and does the toilet flush?

Do the sinks drain?

Are there any signs of pests (mouse droppings, slug trails, fleas) in the house?

Ask plenty of questions and obtain adequate answers. Make sure everything works

NOTES

ELECTRICITY AND GAS ££ What form of heating does the property have?

FURNITURE AND FITTINGS

££ Are all external doors solid, secure and lockable? ££ Do all ground floor windows have locks? ££ Do all rooms have suitable curtains or blinds? ££ Is there a burglar alarm system? ££ Are smoke detectors or fire alarms fitted? ££ Are there any fire extinguishers in the property? ££ Is there a fire blanket in the kitchen? ££ Has the house got any fire doors? ££ Are there means of escape in the event of fire? ££ Carbon monoxide alarm?

SOCIAL SPACE ££ Is there enough furniture for you all? ££ Is it in good condition? Does any need replacing? ££ Is there a connection point for telephones and the Internet?

OUTSIDE THE PROPERTY

SECURITY AND SAFETY

Get all promises made by the landlord/ agents put into the contract or they won’t be enforceable later.

££ Do all rooms have a bed, desk, chair, wardrobe and suitable ££ ££ ££ ££ ££ ££

floor coverings?

Do you have enough cupboard space?

Is the furniture, including the bed and mattress, in good condition?

Does all the furniture comply with regulations on fire safety?

Which furniture comes with the property and which belong to the tenants?

Are there television aerial points in all rooms?

Any signs of damp? Look in and behind the wardrobes.

KITCHEN ££ Sufficient space to store and prepare food? ££ Is there a fridge big enough for all of you? ££ Enough cupboards for everyone? ££ Are the cooker, grill and oven in working order? ££ Are there instructions on how to use the appliances? ££ Do extractor fans in the kitchen and bathroom work?

Check the Energy Performance Certificate (Look at what you’re getting for your money. Gas-fired central heating with instant hot water is the cheapest and best form of heating)

££ How does the heating operate? ££ Does the heating cover all areas of the house, and ££ ££ ££ ££ ££ ££ ££

does it work?

Adequate heating for the winter? How much will the heating cost?

Do all of the rooms have adequate electrical sockets that work?

Do the electric/gas fires work?

Have you seen the current year’s gas safety certificate?

When were the electrics last safety checked?

Can they evidence this?

Have appliances been Portable Appliance Tested (PAT)?

EXTRAS ££ Any additional services provided by the landlord? ££ If you have a car, are there parking facilities? ££ Is there an extra cost? ££ How many spaces available? ££ Do you require a permit? ££ Is there bicycle storage?

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CONTRACTS

CONTRACTS

Types of Contract Private Rented Accommodation

Most landlords/agents use an assured shorthold tenancy (AST). This means that you are a tenant and have exclusive possession of the property. You will be liable to pay rent for the full length of contract; break clauses are rare, but you can ask for one!

CONTRACTS

A contract can be a verbal or written agreement. It is better to have a written agreement as both parties know what is expected and it helps to avoid disputes. Once signed it is a LEGALLY BINDING DOCUMENT! Essential information you need to know BEFORE signing a contract: There is no standard tenancy contract, so it is very important to read your contract very carefully and make sure you fully understand the contents You should always be given at least 24 hours to take the contract away and read it Make sure the contract you finally sign is identical to the one you read before Do not sign a contract if you are not happy with the terms or there are any aspects of the agreement you do not understand

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If you’re planning on moving into a shared property, you need to be aware that your contract will make you responsible to your landlord in one of two ways:

Check if you will be paying the rent by direct debit or standing order.

A standing order is the best way to pay as you are in control of it. (see page 25). If there is anything you are unhappy with you should negotiate to have it removed or amended Whatever is agreed should be written down and signed by the owner, so there is no room for ‘misunderstandings’ or ‘confusion’ later Once signed, the contract is legally binding on all parties – you do not get a chance to change your mind MAKE SURE ALL HOUSEMATES SIGN THE CONTRACT AT THE SAME TIME, OR YOU COULD BE LEFT LIABLE FOR THE WHOLE PROPERTY! Contact the Student Advice and Support Service who is here to help you and offer a free contract checking service so you can be happy that the contract you sign is fair – never sign on the spot

1. Joint liability – If you have signed the same contract as your housemates and you all agree to take the property at the same time; you will be jointly and severally liable. This means you are jointly responsible for any unpaid rent and/or damage to the property.

If one of your housemates moves out or does not pay their share of the rent, the others may end up having to pay 2. Individual liability – If you have a separate agreement between you and the landlord/agent, you are solely responsible to fulfil the obligations under the contract. If your housemate leaves, the landlord/agent cannot ask that you cover their rent. You would only be liable for your rent and any damage to your room

University Halls of Residence You will have a license to occupy which means you will have the right to occupy a specific room and common areas (i.e. bathroom/kitchen).

Private Halls of Residence If your halls of residence are run by a private company, you will most likely have an AST. You should have individual liability as each tenant will have signed their own contract.

Lodgings

Normally, if you live with the owner (or a member of their family) and share the accommodation, you will be an excluded occupier. As an excluded occupier you have few rights: If this applies to you, come and see an adviser.

rt!) e boring but essential pa (th s n io it d n o C d Terms an d to carry If your landlord has agree d through and fully It is crucial that you rea the and conditions stated in understand all the terms al y handbook or addition contract. This includes an given. Make sure your contract sheets you are ts what you have agreed contract accurately reflec re rd or letting agent. If the or been told by the landlo ntract is the first point of is a dispute then the co e of used as the main sourc reference and would be se. evidence in any court ca

nts on out repairs or improveme move in, the property before you o the contract (don’t always get this written int by d include an exact date take their word for it), an mpleted. Similarly, if your which the work will be co ve buy extra furniture, or ha landlord has promised to is property, make sure this items removed from the confirmed in writing.

e: The contract must includ u the landlord/ agent. If yo o the contact details of als u yo t make sure tha are renting via an agency ct details. You are nta have the landlords full co ation orm inf legally entitled to this k are due and when. Chec what rent payments the on is what is stated that the advertised rent and if you sign the r contract. Errors do occu ult to argue later contract it may be diffic t t payment is due, and tha Check when first ren it you have the money for Length of the tenancy the bills e.g. water rates who is responsible for and lities of both the tenant rights and responsibi the landlord

ged in any way before The contract can be chan . u and the landlord agree it is signed providing yo t, ac ntr a pre-prepared co However, if you do alter rd to sign the alterations you should ask the landlo nt. ning the whole agreeme separately, as well as sig ered en signed it cannot be alt Once a contract has be . unless both parties agree

t of fuss and hard This may seem like a lo nt to get the work, but it is so importa t. contract right at the star

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CONTRACTS

CONTRACTS

TENANT

Rights & Responsibilities of an AST We want you to have a positive experience living in the private rented sector. To help ensure this happens, you need to know who is responsible for what.

LANDLORD Your landlord is responsible for: Keeping in good repair the structure and exterior of the house, including drains, gutters, and external pipes.

Keeping in good repair and proper working order, the installations for the supply of water, gas, electricity, sanitation (including basins, sinks, baths and sanitary conveniences), and for heating rooms and heating water.

Keeping in good repair any appliances they have supplied. E.g. fridge, washing machine etc.

Undertaking non-urgent repairs within 28 days. Urgent repairs such as plumbing or sanitation should be completed within one or two days.

Landlords must give you at least 24 hours’ notice to enter the property.

Providing you with a copy of the valid current Gas Safety Certificate.

Making sure furniture he/she supplied meets relevant safety regulations. (see page 23).

As a tenant you have the right to: The name, address and contact details of the landlord Stay in the property until the contract ends Quiet enjoyment of the property – if your landlord needs to access the property he must give at least 24 hours’ notice in writing

–– Pay bills and other outgoings in respect of the property

Be responsible for your household and any visitors

–– To use the premises as a private dwelling and not for business purposes

If you are allowed to bring your own furniture into the property, make proper arrangements to store or remove the owner’s furniture where it will not be damaged

–– Not to use the premises for illegal or immoral purposes, or cause a nuisance to the neighbours –– Not to sub-let the premises

A certificate of registration showing the Tenancy Deposit Scheme (TDS); where your deposit is being protected

Act in a ‘tenant-like manner’. This means you should perform the day to day tasks such as:

Have certain repairs completed for you

–– Clean the house on a regular basis

Evidence that the property meets necessary safety standards (e.g. up to date Gas Safety Certificate/HMO License/electrical safety certificates as appropriate)

–– Replace light bulbs

Have the property in a habitable state at start and throughout the contract

As a tenant you have the responsibility to: Fulfil your responsibilities as stated in your agreement such as: –– Pay rent on time

–– Unblock the sinks Take reasonable steps to prevent the water pipes from freezing - if you leave the property unoccupied during cold weather keep the heating on low (e.g. over Christmas) Secure the property when you go away - lock all doors and windows Take the bins out and bring them in again. It’s illegal to leave it on the street Inform the Council of your exemption from council tax

Guarantors As part of the agreement, most landlord/agents will ask for a guarantor. This means they want someone to guarantee that your rent will be paid and they will accept liability for the cost of any damage caused during the tenancy. Guarantors may be your parents, a family member, friend or guardian.

If you are an international student then a parent who is abroad is unlikely to be accepted. Usually landlords require that the guarantor is based in the UK. If you are unable to find someone then most landlords / agents will require more rent in advance.

It is important that both you and your parents understand that if you default on rent or cause damage to the property, your parents will be responsible for the payment. You can even be taken to court.

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Always report any repairs you need in writing immediately, email is acceptable. Keep a copy though If you break or damage anything inform the landlord immediately Ask your landlord/agent’s permission when necessary (e.g. hanging pictures, painting walls) End the tenancy as outlined in the contract Most terms in the contract are likely to be legally binding and if you are in breach of an obligation your landlord may be able to take action against you. Some terms, however, will not be legally binding and if you are in any doubt about these, seek advice from the Student Advice and Support Service.

Guarantors should be allowed to see the tenancy agreement and the guarantor’s agreement at least 24 hours prior to you signing the contract. DO NOT SIGN THE CONTRACT UNTIL YOUR GUARANTOR HAS HAD A CHANCE TO SEE WHAT THEY NEED TO SIGN AND HAVE AGREED TO IT.

References/Credit Check Generally landlords want to ensure that you are going to be good tenants. This may involve a credit check on your past finances, and a reference from a previous landlord.

Agency Fees Landlords/ agents can make a charge for drawing up a contract and there is no limit on the amount that can be charged. The fees are not refundable.

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DEPOSITS

DEPOSITS

S T I S DEP

Holding Deposit A landlord / agent may ask you for a holding deposit to hold the property for you. You should only pay a holding deposit if you are fairly sure you want the property.

If you subsequently decide not to take the property, you may lose the holding deposit. Check the agreement to confirm whether this is refundable. Also check the agreement to see whether you are actually

committing yourself to taking the property even before you have signed a tenancy agreement.

Whichever type of deposit you pay, make sure you get a receipt which states the amount paid and that it is a refundable deposit. Keep the receipt safe.

Tenancy Deposit Schemes

£

Damages/Security Deposit Before you sign the contract and move in, most landlords will ask you for a deposit. Deposits are usually about a month’s rent and payable by each individual tenant. They are used to cover any damage you might cause, unpaid rent and any end of tenancy cleaning the landlord has to do.

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There is no restriction on the amount a landlord can demand, so if you consider it to be excessive, you can try to negotiate a smaller sum. If this is not possible consider finding alternative accommodation.

Tenancy deposits are sometimes called ‘damage deposits’ or ‘security deposits’.

These are different to a ‘holding deposit’ or ‘reservation fee’.

It is a legal requirement for your landlord to protect your damages deposit by registering it in a Tenancy Deposit Scheme within 30 days of receiving it.

It is therefore important that you all have the Lead Tenants’ contact details so they can be contacted after you have moved out. My deposits will only deal with a dispute if it is brought within 3 months of the date the tenancy ended.

This only applies to AST’s. If you live in University halls of residence there is no requirement for the deposit to be protected.

For other schemes the landlord can choose to nominate a Lead Tenant or choose to protect your deposits individually. It is always better if your deposit is individually protected.

There are 3 schemes available:

Deposit Protection Service (DPS) Once your landlord has protected the deposit, they must provide you with Tel: 0844 4727 000 certain information within 30 days: www.depositprotection.com The Dispute Service (TDS) Tel: 0845 226 7837 www.tds.gb.com My Deposits 0844 980 0290 www.mydeposits.co.uk

the landlord’s name and contact details

the amount of deposit paid and the address of the tenancy details of the scheme they are using a copy of the deposit protection certificate signed by the landlord information about the purpose of the tenancy deposit protection scheme how to get your deposit back at the end of the tenancy

If you have a joint agreement and your landlord chooses to use My Deposits, what to do if there is a dispute about you will need to nominate a “Lead the deposit.

Tenant” who will act on behalf of the housemates regarding the deposit. This is because the deposit will be returned only to the Lead Tenant who should then pay the other housemates their share.

What if your landlord does not protect your deposit?

1. Check on all the deposit schemes’ websites to see whether your deposit has been protected 2. If you cannot find details online, then write to your landlord to confirm whether your deposit has been protected or not 3. If your deposit has not been protected, consider court action However, before taking court action you should write to your landlord first to give them the chance to protect the deposit and/or to provide the information. If you consider taking court action then seek advice and assistance from the Student Advice and Support Service.

You can apply to the court if your landlord fails to comply with the requirements: fails to protect your deposit fails to give you details of the scheme used within 30 days only protects your deposit after 30 days A court can order landlords to: make a compensation payment of between 1 to 3 times the value of the deposit; and protect a deposit in a scheme; or return the deposit

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DEPOSITS

What can the landlord make deductions for?

Your tenancy deposit is money that belongs to you and it should be returned to you unless your landlord can show they have suffered a financial loss during your tenancy.

Generally, your landlord can make reasonable deductions for: damage to the property – only what is needed to replace the item on a like for like basis missing items cleaning – your contract might state certain things need to be professionally cleaned. Keep records and receipts for any cleaning you pay for unpaid rent – if you owe more than the value of your deposit then your landlord can take you to court to get what is owed Your landlord cannot keep your deposit because of general wear and tear to the condition of the property. For example, if the carpet gets a bit worn out, it’s probably wear and tear, but if you burn a hole in it, it’s damage.

The normal amount of wear and tear to expect depends on the condition of the property when you moved in and the length of time you lived there. When you move in, make sure that you complete an INVENTORY, and give a copy to the landlord for their comments. Ideally, the landlord/agent should attend a ‘check-in’ with you and complete the inventory at the same time.

DEPOSITS

The inventory is your proof of the state of the property when you moved in, make sure it is completed accurately.

Do not sign the inventory unless you agree with it 100%.

Getting your deposit What if you do not back at the end of have an AST? If you are a lodger, you may find it more the tenancy difficult to get your deposit back because When you leave – providing you and your landlord/agent both agree on how much of the deposit you should get back – you should get it back within 10 days.

If your deposit is retained, the landlord will have to fully justify why they have done so. You should ask to be shown receipts or estimates for items that have been deducted from your deposit.

If you think the deductions are unfair, you can dispute how much of the deposit is repaid at the end of the tenancy. The tenancy deposit protection scheme your landlord used will only hold the disputed amount until the dispute is resolved.

You can also use an alternative dispute resolution (ADR) service provided by the scheme, or take court action.

If you and your landlord both agree to use ADR, you will have to accept any decision made as part of the process. You will then not be able to apply to the courts if you disagree with it.

For help on resolving disputes seek advice from the Student Advice and Support Service You can also visit: www.direct.gov.uk for further information

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there are no special legal rules protecting them.

Your landlord may deduct an amount before returning the deposit to cover certain things, such as damage to the property or furniture. If you disagree with that amount, you can try to negotiate with your landlord to reach an amount you do agree on. Any evidence you have to support your case will be useful, such as the inventory, photographs and anything relating to the condition of the property or the things in it.

Ultimately, if you and your landlord can’t reach an agreement and you think the deductions are unfair or unreasonable, you will have to use the small claims procedure in the county court to get the rest of the deposit back. Sometimes the threat of legal action will be enough to make your landlord return the deposit. The Student Advice and Support Service can help you with that.

OVERVIEW OF DEPOSITS You pay your landlord/agent a deposit

8

Landlord/agent fails to protect your deposit

You can take court action (Come and see us) Court can order your landlord to: 1. Pay compensation & 2. Protect the deposit or Return the deposit to you

4

Landlord/agent provides you with certain information regarding your deposit

You remain at the property and your deposit is returned

TENANCY COMES TO AN END

TENANCY COMES TO AN END

Landlord intends to make deductions which are disputed by you

Landlord could take court action for any unpaid rent, damages or cleaning

Landlord/agent protects your deposit in one of the three Tenancy Deposit Schemes

Use the scheme’s dispute resolution service

We can help you with this

(Undisputed amount should be returned)

No deductions or agreed deductions

Deposit returned within 10 days www.lboro.ac.uk/sass 19

MOVING IN

MOVING IN

MOVING IN...

Moving In You have your keys and can finally move into your house.

You are probably excited but it is important to remain organised and take some basic precautions to ensure that your stay remains stress free as possible.

Before Moving In Now that you have found a place to live and signed a tenancy agreement you can prepare to move in. There will be things you can do to make it is as stress-free as possible. So read on and get clued up!

Make sure you have a copy of the tenancy agreement and take this with you Make sure you have received a letter / certificate notifying you of where your deposit is held

Change of address Make sure you have contact details for your landlord and arrange a collection time for your keys Consider the bank account that you will be using to pay your rent as it is important that rent payments are made on time. You may be charged if the payment doesn’t go through You may want to identify your possessions by marking them with your postcode

4

Your bank/building society Your car insurance providers

Inventory

Driving Licence

The first thing to do is carry out an inventory.

Decorating/DIY

Inform the utility companies (gas, electricity, water and telephone), ideally in writing, of the date you of the date your tenancy starts. Put ALL names on the bill

It forms the basis for any deductions from your deposit for breakages, loss, and damage, so make sure you check it thoroughly.

Most owners do not allow tenants to decorate, so don’t start painting, putting up shelves or hammering nails into the wall without seeking the landlord’s permission. Get confirmation in writing.

Obtain contact details for your fellow housemates if you don’t already have them

Record all the furniture and log its condition Is the house clean?

Are all the listed items present?

List any damaged items Do any repairs need doing?

Check the heating and hot water are working and there are no leaks Take photos of every room including photos of any items which are damaged or marked It is time consuming and boring but it is worth getting it done as it will save you money in the future. You could end up being charged for something you did not do, or for a ‘missing item’ that was never there.

Your future self will thank you! :) The inventory should be agreed with the landlord/ agent and signed by both of you. The inventory must be returned to the landlord / agent with details of any amendments. Keep a copy. Some agents use video inventories. We would advise that you create your own paper one as well as this. See our website for a template.

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There are some people you may need to inform of your change of address: The University when you re-register at the start of term

Security and Alarms

The Police, if you are an International Student and are registered with them.

TIP: If there is rubbish left by previous tenants contact your landlord to discuss its removal otherwise you will become responsible for it.

Check fire alarms are installed and working correctly.

Is there a burglar alarm installed and do you have the code?

Start using it immediately. If you don’t use the alarm and you have a break in, then you could invalidate the landlord’s insurance and your own contents insurance.

Utilities

Take meter readings of gas, electricity and water meters immediately.

Find out where the water stopcock is – handy in an emergency!

Recycling and Rubbish You have a responsibility as a resident to put your rubbish out for collection; this is part of behaving in a ‘tenant like manner’.

Find out the bin collection day, and how you are meant to recycle your rubbish, from the council; text your postcode to 07860019100. You will be notified of any changes to the collection day.

Find out more information by visiting: www.charnwood.gov.uk/pages/domestic_ refuse_collections.

Read ‘Living in the Property’ section on page 24 for further advice on bills.

Gas Safety Certificate Have you seen it?

If you haven’t seen it, then ask for the up-to-date Gas Safety Certificate. This is a legal requirement if there are any gas appliances in your property.

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STAYING SAFE

STAYING SAFE

STAYING SAFE

Electrical safety

Your landlord needs to ensure that the electrical installation and all electrical appliances such as cookers, fridges, kettles etc. are safe and pose no risk to you as a tenant

Houses in Multiple Occupation (HMO) If you are in a shared house of five or more unrelated individuals, living over three stories with shared facilities, then this house is classed as a ‘property more at risk’. The landlord will need to apply for a license from the Council.

Signs to watch out for include: Frayed, cut or damaged leads Cracked or damaged cases on plugs or appliances

To check if this applies to you, contact Charnwood Borough Council on 01509 634937 or look at the HMO register online: http://extranet.charnwood.gov.uk/uploads/publicregister.pdf

As a tenant you should be given a copy of the Gas Safe Certificate before, or at least at the start of, the tenancy. MAKE SURE YOU GET ONE! This certificate is ESSENTIAL and you should not move into a house that does not have one. Your landlord could face fines of thousands of £££££s if he / she does not have one.

Remember: safety checks are part of your legal rights. They ensure that your appliances are working safely.

For further information please visit: www.gassaferegister.co.uk/advice/being_ gas_safe.aspx

Loose cord grips in plugs or appliances If you are unsure about the safety of any electrical appliance contact your landlord / agent, and ask for them to arrange a PAT test on the item.

Carbon Monoxide (CO) CO has no colour, taste or smell and is extremely poisonous. You can’t see it, taste it or smell it but CO can kill quickly without warning.

It’s the silent killer.

It is recommended that the electrical system is checked every 5 years. Ask the owner to show you the periodic safety report. If the property is an HMO the landlord must have their mains installation inspected every 5 years.

Gas fires and boilers will produce CO if it’s not properly installed and maintained.

Look out for:

All furniture supplied by your landlord must comply with the Fire Safety Regulations: all furniture coverings and fillings should be made from fire resistant materials.

These requirements cover: sofas and armchairs beds, headboards and mattresses, futons loose and stretch covers for furniture cushions and seat pads Normally, furniture that complies with the regulations will carry a label. If the furniture in your accommodation does not carry a label, it may be that it does not comply with the Regulations. You should ask your landlord to replace it, unless they can prove otherwise.

Do not compromise on your safety in the home. Come and see an adviser if you have any concerns about the house you are renting.

drowsiness lethargy headaches/migraines sickness chest pains/cough

Fire safety

If anyone in your house has any of these symptoms when using a gas appliance, stop using the appliance until an engineer has checked it. Consult a doctor urgently and mention the possibility of CO poisoning.

The house should have some fire detection equipment, even if this is only battery smoke detectors in the hallways and landings on each floor. Landlords may also have fire doors fitted with self-closers.

For the safety of you and your housemates, it is advisable to fit a CO alarm. Just like a smoke alarm which alerts you to the presence of smoke, a CO detector will alert you to the presence of CO.

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Blowing fuses

CO

Gas Safe Register Every landlord should have all gas appliances serviced every year by a Gas Safe Register registered engineer and approved by the Health and Safety Executive (HSE).

Burn marks on plugs, leads or appliances

Furniture

Make sure the property is safe

Whatever you do, DO NOT remove batteries from smoke alarms or fail to replace them when they run out.

Fire doors contain a fire within a single room for at least half an hour and, coupled with a detection system, can warn you to leave the property, allowing you to do so safely.

Plan your exit route in case of an emergency!

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LIVING IN THE PROPERTY

LIVING IN THE PROPERTY By now you will have realised there is a lot to consider when living in private rented accommodation!

LIVING IN THE PROPERTY

Housemates

The house

Clean up your own mess when you create it (not 6 weeks later)

You have to behave in a tenant like manner – this is an implied term of your contract. This means you have to:

Be considerate of each other

Share the chores equally (like putting the bins out, and cleaning the bathroom)

Change light bulbs when they die

Be quiet when people are working or sleeping

Keep the place clean

Share the remote control

Lock doors when leaving

Ask others if you want friends to stay over

Keep heating on low in icy spells

Just generally be a decent person!

Replace batteries in smoke alarms Keep the noise down

Report damages or breakdowns Pay your rent Put out the rubbish and recycling bins etc etc

If you intend to change your utility supplier you will need to get permission from your landlord first.

One thing to beware of is the cancellation costs. For contracts like gas, electricity and TV licence, it is possible to cancel with minimal or no charge, but internet contracts may be subject to a hefty charge.

Check the contract. You may also have to agree to a fixed term contract that might not work in your favour.

You should also be aware that hanging clothes on radiators to dry will bring black mould into your room and you will be charged for cleaning that. Use a clothes airer, hang them out, or use a tumble drier.

Utilities Where if possible register everyone in the house with each utility company so that no one has to take individual responsibility.

If this is not possible then get as many names on the bill as possible. It is not fair (nor sensible) to have one name or for one person to have all the bills in their name.

Now that all your names are on all of the bills (hopefully) divide the bills between each of you so that each of you is responsible for one i.e. one takes gas, one takes electricity and so on.

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Changing Suppliers and Cancelling Contracts

Direct debit or Standing order?

A direct debit (DD) allows the other party to take as much money as they want from your bank account. While this might be acceptable for large companies, such as utility companies, it is a terrible idea to give a letting agent or landlord a direct debit.

On the other hand, you control a standing order (SO). Only the amount you have told your bank will be paid to the other party.

IF YOU DON’T HAVE ENOUGH MONEY IN YOUR ACCOUNT WHEN A DD OR SO BECOMES DUE, IT MAY BOUNCE AND YOU WILL INCUR BANK CHARGES.

TIP: Set aside the money for bills each month in a separate bank account, so you won’t have to find a large sum later!

Then all you have to do is to calculate how much each person in the house owes when the bill comes i.e. if you are in charge of the gas bill and it is £30 a month and there are 4 of you in the house, you will need to collect £7.50 from each housemate. The same will apply with the other bills.

Instead of chasing your housemates for their share of a bill each month, each of you can consider setting up a standing order to the relevant bank account. NB – Whatever you do, do not set up a joint bank account. This can affect your credit scoring for many years to come, and links you financially to all those people. Just agree with each other whose bank account will be used.

Bills Sorting out bills for your student house is often a long and confusing task, but it sure is essential. By doing it as soon as possible will save you lots of time and stress.

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LIVING IN THE PROPERTY

LIVING IN THE PROPERTY

If you receive a letter from the council you must not ignore it.

Council Tax

If you and your house-mates are full-time students, on a course of 12 months or more, and studying more than 21 hours/ week, you should be exempt from council tax.

Loughborough University will send Charnwood Council a list of the students around October of each year. However it is possible for some students to be missed out for a number of reasons and therefore you can get a council tax exemption certificate yourself. You need go to Student Enquiries at the Rutland Building for this.

If you are a lodger living with your landlord, your landlord will usually be responsible for paying council tax.

A point to note is that if a non-student resides at the property, the property will become subject to council tax. If there is only one non student and the rest are students then the non-student can apply for a 25% discount. The non-student will be liable for the council tax but how this is paid is up to the people in the house.

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Tell your neighbours about any parties and try not to be too loud or late.

If you watch or record programmes without a TV licence then you are breaking the law. You could risk prosecution and face a fine of up £1000.

It’s not worth the risk.

TV licence

You will need a TV licence if you want to watch or record television programmes.

This applies whatever device you watch on – a TV, laptop, mobile phone or games console – and however you are receiving the programmes – via an aerial, satellite, cable or streaming through the internet.

It is worth knowing that you do not need a TV licence if you are only watching catch up TV on BBC iPlayer.

If you live in halls of residence and have your own TV in your room then you will need your own TV licence.

Insurance

If you live in private rented accommodation and have a joint contract, and have your own TV then you only need one TV licence for the whole house. This covers the use of individual TVs in individual rooms.

Visit the TV licensing website: www.tvlicensing.co.uk/check-if-you-needone/for-your-home/students-aud1

If you are moving out of University halls or from your parents’ home, your belongings may no longer be insured. So make sure you get insurance.

Shop around and ensure you have a package that covers all your belongings If you live in private rented and damage to the house – you may accommodation and have an individual need this if you cause a fire or flood! contract, and have your own TV, then each house mate will need to purchase Check your parents’ home insurance as it may be cheaper to cover yourself their own TV licence for their own room. on their policy.

If you use a device powered by its Use a UV pen and write your name and own batteries, such as a smartphone university on your valuables – this will or tablet, you may be covered by your not damage your property. parents TV licence provided they are licenced correctly. However your device Record the make model and serial can not be connected to the mains. numbers of electrical equipment A colour TV Licence only costs £145.50 and there are lots of ways to pay – all in one go or spreading the cost weekly, monthly or quarterly. Just choose whatever suits you.

Mail If you receive mail showing the correct address but in someone else’s name, they may have lived at your address. You can send the letter back to the sender or to the person if you know the forwarding address.

To do this, you should: cross out the address on the front of the envelope with a pen write on the front of the envelope: “NOT KNOWN AT THIS ADDRESS, RETURN TO SENDER” or “NO LONGER AT THIS ADDRESS, PLEASE FORWARD” (write their new address) place the letter back in the post box, which is free of charge You may also get junk mail such as menus, leaflets, and advertisements.

If it is unaddressed you can register with the Royal Mail door to door opt out service. You can also put up a sign on your front door.

Good Neighbours Although certain areas in Loughborough are considered ‘student areas’, other residents live in the area whether they be families, business professionals or the elderly. Your conduct whilst living in the community reflects on the University and students as a whole. It is important that you act in such a manner that does not cause a nuisance.

Here are a few tips to help you get along with your neighbours: Introduce yourselves to your neighbours upon arrival.

The local police can respond to incidents such as noisy parties or noisy neighbours and in extreme cases they can seize equipment.

Do not talk loudly outside or bang car doors if you’re coming home late.

Be considerate!

Put the rubbish out on the right day.

Contain it well as rubbish can attract vermin, insects, and other pests.

Chances are that if you are considerate, your neighbours will be less likely to complain and more likely to look after your house while you’re away, which helps to improve the general security of the area.

Loughborough University takes complaints made against students in the community seriously, and will, where necessary, take appropriate action.

Community wardens are there to help you if you are having problems in your area.

Their website is: www.lboro.ac.uk/services/communitywardens/wardenareas

Register your belongings on the ‘Immobilise’ website: www.immobilise.com

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LIVING IN THE PROPERTY

PROBLEMS

PROBLEMS

Security Take basic crime prevention steps so you don’t become a victim. Test out the property, and ask yourself, if you were a burglar, could you get in?

If yes then you need to read on!

Reduce the risk of your home being burgled by being more security conscious:

Remember: Lock it, hide it, keep it!!!

Lock your door and gate, including the back gate, even when you are at home.

Make sure all doors and windows (ground floor too) are locked when you head out and even when you pop out to a different part of the house for a cuppa – don’t invite people in to steal!

Use the burglar alarm when you go out even if it is a for a short period of time.

Make it look like you’re home when you’re out. Install a timer switch to put a light or music on.

If you leave the property empty over vacation periods such Christmas and Easter, take your valuables with you. Ask your neighbours to keep an eye on the property.

Keep valuables out of sight - put them in a drawer or wardrobe simply hide them.

behind a loose brick – thieves know all the usual hiding places.

Don’t attach your name and address to your house keys.

Don’t advertise the fact that your house is a student house - don’t put your collection of beer bottles in the window even if you’re proud of it.

Trim back any plants or hedges that a burglar could hide behind.

Be careful of people requesting entry into your house. Burglars will try and trick their way in. Don’t be afraid to ask for ID; if in doubt keep them out and ask for them to call back later.

Try and have your keys ready when you approach your home, so you don’t have to rummage through your bags or pockets on your doorstep.

Hopefully you followed our guide and found out everything about the property and discussed everything with your housemates before signing on the dotted line and moving in. However, sometimes even with the best planning in the world, things can go wrong.

So what do you do… read on...

Housemate Disputes If you have disagreements with your housemates then you are responsible for sorting this out between yourselves. Don’t leave it to build up, nip it in the bud.

Speak to the individual Call a house meeting

Whichever way you approach it, do not shout or argue. Explain your side and listen to their position. Make it clear what the issue is and what you want. Try to reach a satisfactory compromise.

If you are unable to resolve the issue, come and talk to us or to the University Counselling Service, who might be able to give you methods of dealing with disputes.

You don’t want this affecting your studies.

If you are in fear of your personal safety do not hesitate to contact the police.

Housemate Leaves If you have a joint contract and a housemate moves out, your rent may go up. The landlord can ask you and the rest of your housemates for their share of the rent.

This may not seem fair but the landlord’s main concern will be to collect his rent.

Your landlord can choose who he/she decides to pursue for the rent and if it remains unpaid then the landlord may choose to take it from the deposit , take court action or pursue the guarantors.

It will be in your best interest to find a replacement tenant so that you do not have to pay any more rent.

If you have a single contract then it will not affect you if a housemate leaves.

Your landlord can’t try and claim their share of the rent from you.

If you are unsure about anything then speak to someone, seek advice from the Student Advice and Support Service.

If the problem is due to the landlord, e.g locks not working, windows broken etc, they have a duty to repair these.

Apply common sense and the same cautiousness when you are out and about and have valuables on you i.e. phones, laptops, iPod etc. Do not keep them in plain sight. Save yourself the grief and cost by doing what you can to protect what’s yours.

Never leave spare keys hidden outside the property such as under the doormat, in a flowerpot or

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PROBLEMS

PROBLEMS

Disrepair The legal definition of disrepair is that there is damage that needs to be put right. Some of the most common disrepair problems in rented properties are:

Harassment Harassment

RentArrears Arrears Rent

Harassment is when your landlord, or anyone acting on their behalf, does something deliberately that interferes with the enjoyment of your home and is intended to make you leave, intimidates you or distress you; or take away your rights.

You will have of course been budgeting but some how you have managed to fall into arrears or you know you will not be in a position to make your next rent payment.

It may be that you expected your next instalment of your student finance loan to come earlier.

Examples of harassment include: forcing you to sign an agreement

What ever the reason may be do not bury your head in the sand and ignore the matter.

neglecting repair work so that your home gets into a bad state of disrepair interfering with or cutting off services such as water, gas or electricity

damp and mould excess cold, often caused by inadequate heating or boiler problems blocked drains burst pipes and blocked toilets roof leaks Your landlord is responsible for keeping your home in good repair, and any repair must be carried out within a reasonable time period. What is classed as a reasonable period of time will depend on the nature of the problem and repair.

STEP 1 Check who is responsible for the repairs. As a tenant, you are responsible for general maintenance such as replacing light bulbs and checking smoke alarm batteries etc.

STEP 2

Notify the relevant pe rson immediately wh en problem arises.

This can be your landlo rd or the letting agen t if they manage the property.

If you report the issue via telephone or in pe rson, follow it up in writing. You should state what the problem is and request that the repair is carri ed out. Keep notes an d evidence of the disrepair, such as ph otographs.

If your landlord/agent agrees to do the repa irs, then you should arrange a date and time for the work to be done.

NB: if you do not repo rt a problem and this causes further damage (e.g. a leak) then you may be resp on sible for the repairs.

STEP 3 If your landlord fails to carry out the repairs then seek advice.

Visit us at the Student Advice and Suppor t Service.

You may also consider: yy Contacting Environmental Health Officers (EHO) who can inspect the property and require your landlord to carry out the repairs. yy Take court action as your landlord is in breach of contract and the courts can order your landlord to carry out the repairs. yy carry out the repairs and recover the costs of the repairs by deduction from future rent payments. If you are considering this option then seek advice first from the Student Advice and Support Service as there is a specific procedure you must follow.

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visiting your home regularly without warning, especially at night using threatening behaviour or being physically violent.

Eviction Eviction If your landlord wants you to leave your house then a legal process must be followed. For AST’s this will include a written notice and applying to the court for a possession order.

You should try talking to your landlord about it and see if you can come to an agreement. If you make a special arrangement or payment plan, make sure you stick to it.

Anti-Social Behaviour Anti-social behaviour (ASB) is acting in a way that causes or is likely to cause harassment, harm or distress to individuals, communities or the environment.

Anti-social behaviour is persistent and can include:

Failure to pay your rent may force your landlord to take legal proceedings to evict you in the form of a possession order.

Nuisance neighbours;

If you require advice come and speak to us at the Student Advice and Support Service.

Vandalism, property damage, graffiti and fly-posting;

Intimidating groups taking over public spaces;

People dealing and buying drugs on the street; People dumping rubbish and abandoning cars; Anti-social drinking;

Illegal eviction happens when you are forced to leave your home and the legal process has not been followed.

Anti-social behaviour can, if found guilty, lead to eviction and/or a criminal record.

Examples of illegal eviction include: changing the locks while you are out

If you are experiencing anti-social behaviour then you can report it to the University if it is by other students or to the local police.

physically removing you from your home stopping you from getting into your home or part of it.

Harassment and illegal eviction are both criminal offences. If you are suffering harassment or in danger of eviction by your landlord then contact the Student Advice and Support Service for advice.

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ENDING YOUR TENANCY

ENDING YOUR TENANCY

ENDING YOUR TENANCY

You want to leave early

For a surrender to be valid, both you and the landlord must agree to it and confirm this in writing via a deed. This is important in case there is a dispute later.

BY THE TENANT HALLS OF RESIDENCE You are bound by your contract and will only be allowed to leave in exceptional circumstances. Please seek advice if you think this applies to you.

If you are unhappy with your current room and want to move then just speak to the Accommodation Centre who may find you another room if this is possible. There will be an administration fee for this swap.

Please talk to the SAC.

PRIVATE RENTED ACCOMMODATION At the end of the tenancy If you are living in private rented accommodation you are most likely to have a fixed term AST. With a fixed term tenancy you can usually leave on the last day of the fixed term without giving notice.

If you intend to do this, first check your tenancy agreement and make sure there is not a requirement for you to give notice.

In practice, even if your agreement doesn’t include such a term, it’s best to let your landlord know what your plans are.

Should you stay beyond the end of the fixed term - even for just one day - you will automatically become a periodic tenant.

You will become liable to pay rent. Your tenancy will run from month to month or week to week, (depending on the normal rent period) and you will then need to give either 1 months’ notice or 4 weeks’ notice to end it.

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If you have a fixed term agreement and you want to move out before the end of the term, you can only do so if: there is a break clause, which allows you to end the agreement early. your landlord agrees to you ending the agreement early. This is called surrender.

NB: If you have a joint tenancy agreement, be aware that ending your agreement in this way will end the contract for your housemates too.

For a surrender to be valid, both you and the landlord must agree to it and confirm this in writing via a deed. This is important in case there is a dispute later. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender.

Some landlords are prepared to negotiate, but they are under no obligation to do so. Your landlord can insist that you keep paying rent for the full length of the tenancy.

If you leave before the end of the fixed term without your landlord’s consent, you are liable to pay the rent until the term ends even if you aren’t living there.

Finding someone to take over your tenancy If you are unable to get out of your contract you can try finding a replacement tenant.

You should speak to your landlord about advertising your room. You can advertise on student pad, notice boards etc.

If your contract is joint and several, then your housemates have to agree to the replacement tenant. They do have the right to refuse them. However, they can only refuse on reasonable grounds.

When your housemates agree to a replacement tenant, you will need to contact the landlord / agent to see whether they will give a new contract to include your replacement and take you out. If the landlord refuses, the next best thing is to sign a Deed of Assignment. It is essential that this transaction is carried out correctly, please come and seek advice from us in the Student Advice and Support Service, or take other legal advice (not just the say so of the letting agent / landlord).

If you have an individual contract then you do not need to get the permission of your housemates. You will however need the landlord/agent to agree. Your landlord can not withhold permission unreasonably but may want to check references. Check that the landlord will give the new person their own tenancy agreement – otherwise, you will still be liable for the rent.

Leaving before the end Leaving your tenancy without giving notice, by moving all your things out and then posting the keys through the letterbox, is called ‘abandonment’. It will not end your agreement, even though you have left the property. Your landlord can carry on charging you rent until the fixed term of your agreement comes to an end.

Your landlord may also seek to keep your deposit.

The landlord can even apply to the court for an order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not.

BY THE LANDLORD If your landlord wants you to leave early, they must also abide by the contract. If you have a fixed-term agreement, the landlord cannot ask you to leave unless there is a break clause or if the landlord seeks possession because you are in breach of contract.

There are set mandatory and discretionary grounds for eviction. Mandatory means that if the case is proven the court will have no option but to grant possession (e.g. eight weeks’ rent arrears).

If your landlord relies on a discretionary ground (e.g. landlord claims the property has not been looked after and the condition of the property has been adversely affected), and it can be proven, the court will then make a decision whether it is reasonable for possession to be granted. The court does not have to grant possession to the landlord.

Repossession by lender (Building Society/ Bank) – A court may grant possession if the landlord has failed to make the mortgage payments. If the landlord has not informed the lender that they were renting the property out, the lender will not recognise you as tenants. As such they have the power to repossess the property with a court order. You can apply to the court for the order to be suspended for a short period of time, so that you can find alternative accommodation.

If you receive any notices or have any queries or concerns please contact the Student Advice and Support Service.

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MOVING OUT

MOVING OUT So the time has come when you will be moving out soon. Find out here how to make it as trouble free as possible and get your deposit back quickly. To be fair, if you have been following our guide it will not be that hard.

NOW THE COUNTDOWN BEGINS

6 weeks to go ££ If applicable give your landlord notice that you are moving out

££ Start gathering your possessions – get those things back from your friends

££ get rid of unwanted items i.e. sell or give away

4 weeks to go ££ Dig out that inventory you agreed and signed when you

moved in. You need to go through it again to ensure the house is put in the condition it was when you moved in or better! Use the photos you took to help.

££ Is anything damaged, broken, stained? ££ Start collecting empty boxes and bubble wrap.

3 weeks to go ££ Start using up frozen food and buy small supplies until you move

££ Contact the utility companies and let them know the final date of your tenancy

££ Clean everything thoroughly. This may be time consuming and may require a lot of cleaning products, but it needs to be done. You are all jointly responsible for the condition of the property so you all need to do your fair share. If you don’t clean you all run the risk of losing some of your deposit. Don’t forget the garden!

34 www.lboro.ac.uk/sass

MOVING OUT

Meter readings : GAS ELECTRICITY

2 weeks to go ££ Start packing your non-essentials such as books ££ Notify others of your change of address: ££ Your bank/building society ££ Your car insurance providers ££ Visit the post office and arrange for your post to be

forwarded. You will be charged a small fee for this service.

££ Put furniture back in its original place

1 week to go ££ Clean! Clean! Clean! All of you need to pull on the

marigolds and get scrubbing. Cooker, fridge, bathroom skirting boards, you name it, it needs cleaning.

££ Keep packing- but don’t pack your camera!

££ Cancel the TV Licence and apply for a refund ££ Locate all instruction manuals (cooker, oven etc.) and put them in a safe place.

££ Put out the bins - don’t miss collection day ££ Defrost and clean the fridge and freezer ££ Arrange with your landlord/ agent to carry out an

inspection. This will give the landlord/agent the opportunity to discuss any matters that need attention. If any issues arise, rectify it before moving out so that the landlord/ agent do not need to employ professionals to do this work.

MOVING OUT DAY A few things left to do:

££ Clean AGAIN! ££ Move your possessions out if you have not done it already ££ Turn off appliances (leave the fridge door open once it’s turned off)

££ Write down your meter readings and inform your utility

companies to close your account and get the final bill sent on to your forwarding address.

WATER

££ Double check you haven’t left anything behind ££ Lock all windows and doors ££ Gather all the keys ££ Leave your forwarding address(es) in the house, and another copy with your landlord/agent

Once you are done have a look around; would you be happy if you were going to move in? If the answer is yes then you have done a good job.

Now get the landlord/agent to visit and carry out a final inspection. Agree on any difference between the moving in and moving out inventory and confirm it in writing. Make sure the landlord signs your copy.

If your landlord/ agent does not cooperate and does not visit the property to carry out the inspection, you need to do this yourself on the last day. Go through the moving in inventory and take plenty of photos.

Try and have something in the photo that indicates the date the photographs were taken. Then, email a copy to the landlord/ agent informing them that this is the final inventory. Ask them to check and agree it.

All done?

Say goodbye, lock it up, hand the keys to your landlord/agent and go and celebrate!

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The Student Advice and Support Service Bridgeman Building Loughborough University Leicestershire LE11 3TU advice@lboro.ac.uk www.lboro.ac.uk/sass T: +44 (0)1509 222058

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