For many students, finding and moving into your student accommodation will be the first time you will have gone through the process of property searching, signing contracts, and understanding the responsibilities of being a tenant. Although it is often an exciting time with the prospect of living independently with your university friends, there is a lot of things to take into consideration before you jump straight in and agree to a tenancy.
Here the SU, we were joined by UK housing charity, Shelter who were able to answer some of the most common questions students here at university have about their student housing, including questions around contracts, knowing your rights as a tenant, and what to do if your concerns are not being acted on.
This article focuses on tenancy agreements and guarantors.
Tenancy agreement/guarantors​
Q. My tenancy agreement states that it is ‘fixed term’, what does this mean?
A. A fixed-term tenancy means you agree to rent the property for a set period (for example, six months).
This means for an assured shorthold tenancy…
- Staying for the full term. You must stay and pay rent for the entire fixed term, unless the landlord agrees to let you leave early.
- Leaving Early: to leave early, you may need to:
- Ask the landlord. The landlord might let you leave early, but it’s up to them.
- Find someone to take over. You might have to find a replacement tenant.
- Pay a fee. Some contracts allow early exit for a fee (called a break clause).
- Landlord’s rights. The landlord can’t end the tenancy early unless you break the agreement (e.g., not paying rent).
In short, if you sign a fixed-term tenancy, you’re committing to stay for that period unless the landlord agrees to let you leave early or you find a replacement tenant.
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Q. What does ‘joint’ and ‘severally responsible’ mean in my student housing contract?
A. The terms ‘joint’ and ‘severally responsible’ mean that if you sign the contract with others, you are all responsible together for following the contract, but each person is also responsible individually for everything. For example, if one person doesn’t pay their share of rent, the landlord can ask any one of you to pay the whole amount.
Before signing, make sure you understand the terms and trust the other people involved, as you could be held fully responsible if they don't pay or follow the rules. If you're unsure about anything in the contract, it might be worth asking for clarification or seeking legal advice.
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Q. Can I still live in my accommodation if I interrupt/withdraw from university?
A. Yes, you can still live in the house if you withdraw from university, as long as:
- You have a tenancy agreement: if you’re renting the house, your right to stay is based on the lease, not your student status.
- You’re not in student halls: If you live in student halls, this often requires you to be enrolled, withdrawing might affect your ability to stay. Check your agreement.
- You can afford rent: If you’re relying on student funding for rent, make sure you can still pay without it.
As long as you’re paying rent and following the agreement, you should be fine. Please note it could affect whether or not Council tax will need to be paid.
Q. What do I do if I signed a contract for a property, but I no longer want to move in?
A. Unlike many agreements, there is no cooling period with tenancy. Once you sign one you are likely tied to your contract unless you find someone to take over the agreement.
The letting agent is correct in saying that you need to either:
- Find a replacement tenant, or
- Complete a novation form, which may cost £50.
If the contract mentions this fee for novation, it’s likely valid. If you’re unsure, review the contract or seek legal advice to check your options.
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Q. My tenancy states that they agree to supply one communal TV licence only. Do I need to pay for a TV licence?
A. In this instance, the landlord is providing a communal TV licence, which covers shared areas. (i.e. watching the TV in the shared lounge) You will need your own TV licence if you watch live TV or use BBC iPlayer, even on a device like a phone or laptop or for tv in your room. If you're only watching things like Netflix or YouTube (on-demand), you don't need your own licence.
So, if you watch live TV or BBC iPlayer on a personal device or in your room, you’ll need your own licence. Otherwise, you don’t.
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Q. What happens if I am unable to provide a guarantor?
A. If you need a guarantor but your family can’t help, you can try these options:
- Ask a friend. Your guarantor does not necessarily have to be a family member, so you could ask a trusted friend to help you.
- Use a professional service. There are some companies available that can act as your guarantor for a fee.
- Offer a bigger deposit. Some landlords might accept a larger deposit instead of a guarantor.
- Talk to the landlord. Explain your situation; they might be flexible and let you rent without a guarantor.
- Look for places that don't require a guarantor. Not every property/landlord will require a guarantor. Ask your letting agent if they know of any places.
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