Private housing guide

It’s good practice for a written tenancy agreement to include the following details:

• your name
• your landlord’s name
• the address of the property which is being let
• the date the tenancy began
• details of whether other people are allowed the use of the property and, if so, which rooms
• the duration of the tenancy (if it’s a fixed term tenancy, this means the date when the fixed term ends)
• the amount of rent payable, how often and when it should be paid and how often and when it can be increased
• what the rent includes (for example, council tax or fuel)
• whether your landlord will provide any services (for example, laundry, maintenance of common parts or meals and whether there are service charges for these)
• the notice period you and your landlord need to give to end the tenancy. There are statutory rules about how much notice to give and this will depend on the type of tenancy and why it's ending

The agreement may also contain details of your landlord’s obligations to repair the property.

UWL’s Student Advice team will be able to help check through your contract if you’re worried about it – just book an appointment with an advisor.

Citizens Advice also has some really useful information about tenancy agreements.

Your security deposit must be covered by one of three government-approved deposit protection schemes if you have an assured shorthold tenancy (AST).

1. MyDeposits (Tel: 0333 321 9401)
2. Deposit Protection Service (Tel: 0330 303 0030)
3. Tenancy Deposit Scheme (Tel: 0300 037 1000)

Ask the landlord or agent if you have any questions about how or where your deposit has been protected. The name of the scheme will frequently be listed on your contract.

When your landlord or agent receives the deposit, they have 30 days to:

• Protect the deposit
• Provide all tenants and any pertinent person who made a payment or contributed to a deposit on a tenant's behalf should be given the "prescribed Information"

Although you will still be required to pay rent, the first month's payment cannot be increased to compensate for the fees.

To remove a home from the market, a landlord or agency may still want a holding deposit, but it cannot exceed the cost of one week's rent.

A security deposit is money that the landlord or agent maintains throughout the lease. It is sometimes known as a "damage deposit" or "tenancy deposit.” It is usually payable before or at the time you sign the contract and cannot exceed the cost of five weeks' worth of rent, or six weeks' worth if the yearly rent exceeds £50,000.

The landlord or agent is responsible for returning the tenants' security deposit at the end of the tenancy.

Agents or landlords may remove a fair amount from the security deposit to cover:

• Unpaid rent or bills
• Damage or disrepair
• Cleaning

A landlord is legally required to secure a security deposit paid for an assured shorthold tenancy (AST) with one of the three government-approved deposit protection schemes.

You may be charged a fair fee to replace your keys. The agent or landlord should be able to provide invoices and receipts to prove this expense.

You may incur reasonable charges if you need to modify the tenancy agreement, for as by adding a replacement tenant.

Early termination fees should not be greater than the loss the landlord or agent has suffered, and proof of losses should be presented. It is recommended to have a breakout clause in the contract.

A few things that landlords or agents can no longer charge for include:

• Viewing fees for properties
• Tenancy set up fees
• Admin fees
• Inventory fees
• Check-in and check-out charges
• Specialised professional cleaning (Aside from reasonable wear and tear, you are responsible for returning the property in the same condition you found it)

You should receive a refund of any fees within 28 days of making the payment. If the money is still not returned, the landlord or agent is breaking the law and you can denounce them to the Trading Standards department of your local council. For a first offence, the pecuniary fine can be up to £5,000. For subsequent offences, it can be up to £30,000.