Contracts - Things you need to know
By Libby Walden
What happens if you’ve excitedly moved into your new house with new flatmates and circumstances arise where you need to move out mid-contract? This can be exceptionally difficult and potentially expensive so if it’s just because you’ve had a falling out with a few of your new housemates, sit them down and talk it through rather than dramatically exiting and leaving them in the lurch – you really will fall out then! However, for some students leaving is not optional due to a change in circumstance. Here at Total Students we are offering up some information with regards to where you, and the rest of the house, stand.
Obviously it is totally dependent on your contract. Before signing you should have read through the terms and conditions of the tenancy carefully and this should outline whether your accommodation is periodic or assured and if the contract is joint or sole.
Periodic accommodation is where the student pays rent on a weekly or monthly basis with a notice period written into the contract. So if your contract states that you must give two months notice before you leave then you have to inform your landlord two months beforehand. Alternatively if you have signed a fixed term tenancy, i.e. agreed for a specified period of time, then the contract cannot be broken and if it is breached then it is the landlord’s right to demand payment from you for the rest of the agreed term.
However before you sign a contract you could negotiate with the landlord or agency a break clause which would enable you to end your contract before the fixed term, i.e. leave in June rather than paying rent until the following September.
Assured accommodation guarantees tenancy for six months, though usually the contract is for longer (commonly a year), allowing the student to maintain rights with regards to leaving early or eviction.
Joint contracts apply to the house as a whole, meaning that every tenant who signed the contract is responsible for the tenancy. So if one person decides to leave it is up to the rest of the housemates to cover the shortfall in rent – obviously this runs the risk of making the person leaving very unpopular with out-of-pocket flatmates.
If you decide to exit a joint tenancy you, your landlord, your replacement tenant and your old flatmates MUST sign an assignment document which, legally, allows you to leave and be replaced by another tenant – ideally one found by you and making sure you have introduced them to your ‘old’ housemates! If you don’t have an assignment document drawn into your contract you could be pursued for rent after leaving.
You can access an assignment document here: http://www.studenthousing.lon.ac.uk/uploads/media/Assign.pdf
Sole contracts means that every tenant signs a separate contract and is responsible for his/her rent alone, paying for their room only, although the house shares communal areas. Sole contracts often mean that separate television licences may be required per student and the landlord can have free access to any unoccupied rooms, i.e. communal areas. The problem with leaving a sole contract is that you or your flatmates have no control over who replaces you – which may cause friction.
If you do decide to leave mid-contract ALWAYS make sure you speak to everyone involved with plenty of notice, especially the landlord or agency. Try to be as helpful as possible in order to make the transition easy for you and your housemates; it might just save friendships as well as you money!
By Libby Walden
What happens if you’ve excitedly moved into your new house with new flatmates and circumstances arise where you need to move out mid-contract? This can be exceptionally difficult and potentially expensive so if it’s just because you’ve had a falling out with a few of your new housemates, sit them down and talk it through rather than dramatically exiting and leaving them in the lurch – you really will fall out then! However, for some students leaving is not optional due to a change in circumstance. Here at Total Students we are offering up some information with regards to where you, and the rest of the house, stand.
Obviously it is totally dependent on your contract. Before signing you should have read through the terms and conditions of the tenancy carefully and this should outline whether your accommodation is periodic or assured and if the contract is joint or sole.
Periodic accommodation is where the student pays rent on a weekly or monthly basis with a notice period written into the contract. So if your contract states that you must give two months notice before you leave then you have to inform your landlord two months beforehand. Alternatively if you have signed a fixed term tenancy, i.e. agreed for a specified period of time, then the contract cannot be broken and if it is breached then it is the landlord’s right to demand payment from you for the rest of the agreed term.
However before you sign a contract you could negotiate with the landlord or agency a break clause which would enable you to end your contract before the fixed term, i.e. leave in June rather than paying rent until the following September.
Assured accommodation guarantees tenancy for six months, though usually the contract is for longer (commonly a year), allowing the student to maintain rights with regards to leaving early or eviction.
Joint contracts apply to the house as a whole, meaning that every tenant who signed the contract is responsible for the tenancy. So if one person decides to leave it is up to the rest of the housemates to cover the shortfall in rent – obviously this runs the risk of making the person leaving very unpopular with out-of-pocket flatmates.
If you decide to exit a joint tenancy you, your landlord, your replacement tenant and your old flatmates MUST sign an assignment document which, legally, allows you to leave and be replaced by another tenant – ideally one found by you and making sure you have introduced them to your ‘old’ housemates! If you don’t have an assignment document drawn into your contract you could be pursued for rent after leaving.
You can access an assignment document here: http://www.studenthousing.lon.ac.uk/uploads/media/Assign.pdf
Sole contracts means that every tenant signs a separate contract and is responsible for his/her rent alone, paying for their room only, although the house shares communal areas. Sole contracts often mean that separate television licences may be required per student and the landlord can have free access to any unoccupied rooms, i.e. communal areas. The problem with leaving a sole contract is that you or your flatmates have no control over who replaces you – which may cause friction.
If you do decide to leave mid-contract ALWAYS make sure you speak to everyone involved with plenty of notice, especially the landlord or agency. Try to be as helpful as possible in order to make the transition easy for you and your housemates; it might just save friendships as well as you money!
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