Contract Checklist

Below is a list of points to check when signing any contract regarding property. 
This is not a definitive list and is only intended to give an indication of the things you should be looking for. 

For complete legal advice you should either contact a solicitor or your local Citizens Advice Bureau.

Types of Contract
There are several different types of contract depending on your specific situation or dwelling. The main contracts are as follows:

1) If you are living in a self contained flat or house on an exclusive basis (the landlord does not live with you) the contract will automatically be an ASSURED SHORTHOLD TENANCY.
2) If you move in with a number of other students you will sign a JOINT TENANCY.
3) If you share accommodation with your landlord you will be a LICENSEE or EXCLUDED TENANT.


There is no legal requirement for a landlord or agent to provide a written contract for any accommodation that you occupy. However we strongly recommend that you do have a contract with your landlord or agent - it could save a lot of trouble later on.
If your landlord/ agent does not offer a contract, insist or alternatively offer to do so yourself.
There are a number of benefits to having a contract:

1) A contract will confirm in writing what was actually agreed.
2) A contract will prevent misunderstanding and confusion.
3) A contract confirms the 'legally binding' nature of your agreement.


General Points
General Points to check:
1) Is the contract complete - are all pages present?
2) Is the contract clearly readable?
3) Is there a cover sheet attached to the contract that details the correct pricing and length of rental period?
4) Is the contract a fixed term? Is there a break clause?

There are a number of points on the contract that can be broken down into landlord responsibilities and tenant responsibilities. The tenants' responsibilities always outnumber the landlords' - this is normal.


Legal Terms
You must ensure that you are clear about any legal terms and their implications within the context of the contract. It is not wise to try and guess the legal definition of any phrases or terms and you should always seek professional advice if in any doubt.
You have been warned!

However here are some of the most common terms contained within Assured Shorthold Tenancy contracts:

1) ASSIGN used in terms of a tenancy agreement being passed ('assigned') from the original tenant to a replacement tenant.
2) BREACH meaning that a term of the contract has been broken.
3) SERVE NOTICE REQUIRING POSSESSION when the landlord writes to you and asks you to leave; either because your rental period is coming to an end or otherwise there has been a breach of contract on your part.
4) DETERMINE end


Clauses relating to the Landlord
There are normally two main terms relating to the landlord within the contract:

a) There should always be a term that covers the landlord giving the tenant 'quiet possession of the property' without any interruption. What this actually means is that the landlord cannot just arrive at the property and let him or herself into the property without permission from the tenants. In practice, a landlord will normally give at least 24 hours notice before arriving at the property.
b) Often in a contract of this nature, there is no term detailing who is responsible for any repairs during the course of the tenancy. However there is usually a mention of 'the provisions of section 11 of the Landlord and Tenant Act 1985'. This specific clause confirms the landlord's responsibility for any maintenance and repairs relating to the 'skin' of the property - gas, electricity, water, sewage, gutters, roof, walls, windows, and doors generally. Remember that it is the responsibility of the tenant to report any need for repairs.


Clauses relating to the Tenant
There are lots of clauses relating to the tenant within the contract. Most are quite simple and confirm the tenant's responsibilities such as;

- paying the rent on time
- not causing a nuisance
- paying the utility bills
- not running a business from the property 
- looking after the property and fixtures and fittings

In addition there will normally be the following clauses included within the contract:


a) There will be a clause stating that the tenant is not allowed to assign or sublet the property to any third parties without the landlord's prior consent.
b) In addition the tenant is not allowed to 'part with possession of the property' without the prior consent of the landlord.
c) There will be a clause regarding the Local Government and Finance Act 1992 (Council Tax) which confirms it is the responsibility of the tenant(s) to pay the Local Council. Remember full-time students are exempt.
d) There is usually a clause mentioning that the tenant should act responsibly and perform the 'small jobs' around the house such as changing fuses and light bulbs, unblocking the sink and so on.
e) There will be a clause that allows the landlord (or agent) to visit the property occasionally to check the general condition. Again 24 hours notice is normally the minimum given - the obvious exception is emergencies.
f) There will be another similar clause that allows the landlord (or agent) to show new prospective tenants around the property towards the end of your rental period.
g) There is a clause that is worded something like this '..in the case of rent arrears of at least 14 days or a breach of the agreement (contract) by the tenant, the landlord has the right to re-enter the property and immediately the tenancy shall absolutely determine (end)..' This is not strictly true, as the landlord must give notice in writing of his (her) intention to go to court to remove you from the property. This period of notice is normally 14 days. Once the notice expires the landlord can start proceedings. Should you be in this unfortunate position you should seek advice immediately.


Signing
The last section if the contract will contain any other special terms and then there will be a space for the signatures of the tenant(s), landlord(s) and any witnesses. There will also be a space for the date.


A final word of warning if we may - get someone to look over any contract you sign prior to signing. Otherwise enjoy!