What’s the difference between separate tenancies, a joint tenancy, or a tenancy in only one person’s name?
Simon says: Separate tenancies are for bed-sits/rooms. A Joint tenancy is for a group of sharers and will be an Assured Shorthold Tenancy; this is the most common agreement for students and sharers. A tenancy in one person’s name could be for one person taking the tenancy along with “persons permitted to reside” This is not recommended for groups of sharers.
Cherwell says: There are lots of ins and outs of what type of tenancy to pick. All Cherwell advises is that you don’t let a parent be your landlord. Yes, you probably get to keep the house afterwards, but getting your friends to pay you rent is awkward to say the least, as if your mum ringing the house phone as you’re trying to get your house party on.
What are the key things to look for in the small print of a tenancy agreement?
Simon says:Joint & several; this means that all parties to the agreement, tenants and guarantors are all responsible for all parts of the agreement. This means if three of four pay the rent and the fourth doesn’t, the balance can be claimed from the three who have paid their share. Not great if you’ve got an unreliable friend.
TDS: The Tenancy Dispute Scheme; All deposits must be protected by the agent or landlord
Checkout fees: Is there a charge at the end of the tenancy for checking the property and is this lower if you leave the property well maintained.
Any other fees – make sure they are clearly stated. You don’t want to be charged an ‘undisclosed amount’.
Cherwell says: Like an exam paper question, just make sure you read it. Twice. When you’re not hungover.
What do you do if your landlord is refusing to refund part or all of a deposit, for a reason you dispute?
Simon says: The return of the damage deposit is the number one cause of dispute between landlords and tenants and the one which most frequently ends up being resolved by the courts. Firstly you should always arrange to walk around the property about a month before the end of the tenancy to ask what the landlord or agent expects to be done, especially before making bodged repairs or decoration. Speak to your agent if you have any queries. You should refer to your copy of the inventory and aim to return the property in the same condition as it was at the start. ‘Wear and tear’ is not a phrase that allows for cleaning or damage. If you really can not reach an agreement (in Oxford most normally do) on deductions, refer to your agreement for details on where your deposit is protected and how to instigate a dispute.
Cherwell says: If your landlord is refusing to refund part or all of the deposit and you disagree with his reason then you need to go all superhero on his ass and take some (legal) action.
Firstly, write to your landlord asking for the return of the deposit and reasons in writing as to why he is retaining it. Keep copies of any letters you send or receive, because you’ll need them if you have to take action in the county court. If you are not happy with the landlords response (or if he’s not so-politely ignoring you), you will need to seek advice about where to go for help either negotiating with the landlord or taking them to court.http://www.hmcourts-service.gov.uk is the best place to go to get yourself started.
Something has broken and our landlord is saying it’s not his problem or avoiding our calls. Where do we stand?
Simon says: If it is something that belongs to the landlord and has stopped working, the landlord should fix the item. Try other methods of contacting your landlord – email for example. If you still cannot reach your landlord, speak to the Environmental Health dept at the Council. If it is something that has broken through neglect or misuse, you should pay for the item to be fixed yourselves.
Cherwell says: Whatever tenancy agreement you have signed the landlord has a duty to carry out certain repairs. The Landlord and Tenant Act 1985 obliges a landlord to repair the structure and exterior of the premises. The Act also covers disrepair to the heating, water supply and toilet system. So, hot water, hot air and a flushing toilet are pretty much guaranteed, if you can get your landlord on the phone. Exploding boilers are always the landlords responsibility. The red wine stains on the carpet after your MENTAL houseparty are not. Ditto for the broken window that the awful rugby boy, who noone thinks is funny, smashed as some hilarious gag.
We have a mouse infestation, whose responsibility it is to deal with them?
Simon says: A common sense approach is best, mouse traps are very cheap and work well with a smear of Nutella or peanut butter but you can ask your agent or landlord who will usually contact a pest control company or the Council. Remember though if the cause is brought about by rubbish left by you, expect to be charged.
Cherwell says: Unless they’re the cute mice from Disney’s Cinderella that talk and help you get dressed in the morning, get rid of them as soon as possible. You will have to argue with the landlord about whose responsibility it is to deal with them – if they got in through a giant hole in the wall, then it’s probably the landlord’s fault. If you’ve had a pile of discarded cheese festering in your living room for the last month, it’s probably all on you. If you have rats, your local authority Environmental Health Department should come round and deal with the problem free of charge.
We want to leave a contract earlier than it permits, what happens now?
Simon says: It depends on your tenancy agreement. You should check whether it is for a fixed term, whether there is a break-clause. It is usually unlikely that you will be able to change the agreement; this is to protect you and means that the landlord can not change the terms half way through your tenancy. It is always worth asking your agent or landlord.
Cherwell says: If you want to leave a contract earlier than it permits, it is very difficult to do this without the agreement of the landlord. There are some very rare occasions when a tenant or a licencee has the right to leave early, regardless of the landlords wishes – but these are long and arduous to explain.
A friend has moved out and we’ve signed a ‘joint tenancy agreement’, what does this mean for the rest of us?
Your friend must continue to pay their share of the rent until a new agreement is signed by all the new parties, until that time the total monthly rent for the property still needs to be paid regardless of your friend moving out
Cherwell says: Never talk to them again. That is, unless they moved out because you are vile to live with, in which case, it probably won’t make a difference.
