When you first move into a flat, go into each room and write up a list of all the items, specifying any damage. Take photographs if you feel necessary. Send a copy of this to your landlord, keeping a copy for your own records. This will act as a safeguard should there be any disputes about the condition of the items when you leave.

The following is a brief summary of the different issues which can arise in relation to renting contracts. There is more specific information and legal advice available for free from the following websites – compactlaw.co.uk and venables.co.uk .

One of your flatmates moves out early

If you have a joint tenancy agreement and all flatmates are named on the contract then you are all jointly liable for the property. The rent is calculated per property, not per room, so you will have to pay the difference collectively. You may be able to sue the flatmate who left, but if he/she is a student, it’s unlikely they’ll have much money. If they have a parent as a guarantor, you may be able to seek the rent from them.

There is an increase in rent

If the contract is fixed term with a stated start and finish fate, the landlord cannot legally increase the rent during this period. If you are in the property after the fixed term, the landlord can increase the rent, provided they give you prior notice to their intention. If the landlord does not follow this process, you are entitled to continue to pay the original amount.

Repairs

Landlords have a legal obligation to ensure that their accommodation is fit to live in. This means ensuring that the property is wind and water tight, and the property is safe and comfortable. Fixtures and fittings must be in good working order and be suitable to use, and that a basic level of repair is carried out if required.

If you ask for a repair to be performed and the landlord refuses there is a process which you can follow. Withholding your rent as a means of ‘protest’ is not the ideal solution either as the landlord could evict you. Instead follow these steps:

1. Write to the landlord, giving him reasonable time (14 days) to perform the required repairs. Detail in your letter what you need to be done and when it is convenient for this to be carried out. Send the letter recorded delivery and keep a copy of your letter, and the receipt, as evidence.
2. During this period arrange quotes from different companies for the repair.
3. After 14 days, if you have heard nothing from your landlord, write to him again including the quotations you have received. Request that work is carried out within a reasonable period of time (7 days) and state that if the work isn’t carried out you will undertake the repairs yourself. Again send the letter recorded delivery and keep a copy for your own records.
4. If you still haven’t heard anything, then choose the cheapest quotation and start the repairs. Keep all receipts and write to landlord upon conclusion of the repair, enclosing receipts. Threaten to deduct the cost of the repair from your rental payments if payment is not received within 7 days. If no payment is forthcoming then deduct the amount from your rent.

Ensure you keep a copy of all letters as proof, so that if the case is to go to court you have a tangible explanation of why rent has not been paid.

Landlords Responsibilities

1. Outside + inside walls
2. Ceilings
3. Floors
4. Electrical wiring
5. Baths
6. Sinks + toilets
7. Heating + water supply
8. Roofs
9. Gutters + drains
10. Water tanks
11. Stairs
12. Balconies + lifts

Tenants Responsibilities

1. Reporting all repairs & providing access
2. Decoration
3. Toilet seats
4. Dripping floors
5. Sinks + bath plugs
6. Floor covers

Deposit withheld

If your deposit is withheld you need to ask yourself whether this is justifiable. If there is a reason for this, for example you caused damage, then the landlord will have a right to withhold the deposit. If there is no reason you are entitled to receive your deposit back within seven days. However to ensure you receive it back it may be necessary to start legal proceedings but seek advice from your Student Welfare Officer or Citizens Advice bureau.

Eviction

There is a legal procedure that landlords must follow if they wish to evict a tenant. They cannot simply change the locks, harass you or throw your property and possessions out. It is illegal for them to use violence or threaten to use violence, or for them to offer you money to leave. Illegal eviction is a criminal offence, and local authorities can investigate any claims of this sort. Eviction can be split into two categories – mandatory and discretionary.

Mandatory eviction is when a valid reason is behind the landlords wish for you to leave the property. This could be because the owner of the home wishes to return to the home, the house is being repossessed or you have fallen behind, two months or more, in your rent.

Discretionary eviction happens when the landlord asks the court to forcibly legally evict you. This could be because you have broken the terms of your contractual agreement for example you trashed the flat, you are consistently late with paying your rent or you lied to get the flat in the first place.