House Hunting Guide

Never sign a contract unless you have read and understood it. Contracts can be confusing and full of legal jargon. If possible get it checked at the Student Advice Centre to make sure you know what you are being asked to sign is fair - it could also save you money in the long run. Most reasonable landlords will give you a copy of a contract to look over and not rush you in to signing it. Negotiate any changes or additions that you want including and get them written into the contract.

Remember too that verbal agreements can also create a binding contract, but without a written record disputes can be more difficult to resolve.

The Student Advice Centre produces two housing contracts . an Assured Shorthold suitable for shared houses, flats and bed-sits and a letting agreement for use by resident landlords. These are free to students from the Student Advice Centre.

All contracts should at the very least include details of the following:

• Landlord's name and address and preferably telephone number (emergency contact)
• Property address.
• Name of every tenant and rooms specified if sole tenancy.
• Length of contract with start and end dates.
• The amount of rent, what is included in the rent and frequency of payments e.g monthly, quarterly.

Most students will have an Assured Shorthold Tenancy. This means the landlord cannot force you to leave before the end date without going to court and unless you have broken the terms of the contract, for example if you are in arrears with your rent. If a landlord does threaten to evict you or cause you harassment, please contact an adviser at the Student Advice Centre. You can also get advice from Housing Aid at Sheffield City Council. See below for contact details. If you have a resident landlord, contact the Student Advice Centre as the law treats this situation differently, and you may have fewer rights.

Rents

The contract should identify how much the rent is and when and how it should be paid. It should also make clear whether utility bills are included in the rent or are payable separately. Remember, the landlord cannot increase the rent after you have signed the contract unless the contract allows. The contract may also specify charges that may be made during the tenancy such as for late payment of rent, replacement of lost keys, or calling out the landlord to attend to a problem which the tenants have caused. Sometimes a list of charges is provided separately. If this is the case the charges should be made clear to you before you sign the contract.

Tenant's obligations

The bulk of most contracts is then taken up by a long list of clauses outlining the tenant.s obligations. These normally cover how the tenant is expected to look after the property and allow the landlord access (eg to carry out inspections and repairs); how the tenant should behave (eg not cause nuisance or annoyance to neighbours); and how the property should be handed back. All these clauses should be carefully read and understood before the contract is signed. If there is anything you think you will not be able to comply with (eg no smoking), it is best to tell the landlord and, if possible, negotiate an amendment to the contract before signing.

Landlord's obligations

Most contracts then conclude with a brief list of the landlord.s obligations. The most important (which applies even if it is not mentioned) is the obligation to carry out repairs under Section 11 of the Landlord & Tenant Act 1985, refer to the Student Advice Centre Repairs leaflet for more information, also available online at www.sheffield.ac.uk/union/advice.

The second important obligation is to allow the tenant to occupy the property without interference (the concept of 'quiet enjoyment'). A landlord should normally give 24 hours notice before coming around unless it is an emergency.

If you want the landlord to improve the house (eg redecorate before you move in), ask for this to be written in to the contract. Try to agree a deadline for any work to be carried out and what will happen if the work is not completed on time eg compensation. Do not rely on verbal agreements.

Deposits

Ideally, the contract should also acknowledge receipt of the deposit and state how and when it will be returned. If the contract fails to mention the deposit, you should ask the landlord to amend the contract or provide a written receipt. An average deposit would be £250 or a month's rent.

From April 2007, if you have an Assured Shorthold Tenancy your landlord has to protect your deposit. He or she should provide you with details of the Tenancy Deposit Protection Scheme in which it is held, within 2 weeks of paying the deposit. For more information refer to www.direct.gov.uk/tenancydeposit or refer to the Deposits Handbook available from the Student Advice Centre or call in to speak with an adviser.

Other useful publications

The Student Advice Centre produces leaflets on a wide range of housing issues including Deposits, Moving In and Out Guide, Repairs, Harassment and Illegal Eviction. These are available from the Student Advice Centre or on line at www.sheffield.ac.uk/union/advice.

Accommodation and Campus Services also produce information leaflets, available from Property With US in the Union or at www.sheffield.ac.uk/housing/privatehousing

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