We’re all used to scrolling past user agreements on our phones, ticking the ‘I agree’ box and carrying on without a second thought.
But if you're entering a new tenancy agreement, it's definitely worth a second look.
It may not be the most riveting read, but it's important to check the details and get to grips with exactly what it all means for you.
Here are some of the main things to look out for.
Are you signing an assured shorthold tenancy (AST)?
Because you should be.
This is the standard contract for the vast majority of rental properties. To be specific, it's for those with rental rates over £250 per year (or £1,000 if you're in London) and under £100,000 a year.
ASTs come with various protections, including for your deposit.
As a consumer contract, your AST should be written in plain English so you don’t need a law degree to understand it.
Joint or sole tenancy?
Your AST will either be a joint or sole tenancy agreement.
A joint tenancy agreement means everybody in the rental home is collectively responsible for paying the rent.
A sole tenancy agreement means you have an individual contract with the landlord and you are only liable for your portion of the rent.
Which one is right for you will depend on what kind of home you’re renting.
If you’re moving into a smaller house share with friends or a family rental home, you’ll probably have a joint agreement.
If you’re moving into a large property with lots of rooms rented by people you do not know, a sole tenancy might be more appropriate.
Are the personal details correct?
Once you know you’ve got the right contract in your hands, the devil is in the detail.
To start with, check that your name, the landlord’s name and contact details, and the property’s address are all present and correctly spelled.
What about the dates?
Your agreement should include the date your tenancy begins, how long it will run for, and if you'll have the option to extend when you reach that time.
Check it all matches up with what you and the letting agent or landlord have discussed.
Do the rates and fees all stack up?
It sounds obvious, but double check the monthly (or weekly) rental rate and what date it needs to be paid. You might want to set up a direct debit to make sure you never miss it.
Make sure the agreement states the amount you have to pay for the security deposit and when that deposit is due.
The agreement should also set out exactly what fees you have to pay when you move in and when, such as a holding deposit and rent in advance.
Tenant fees: everything you need to know
Do you know the notice period?
Look out for the notice period you’ll need to give at the end of the contract.
You may be liable for rent after the contract ends if you don’t hand in your notice properly.
Equally, make sure there is a break clause in the contract which will allow you to leave early if things aren’t working out. You’ll need to give notice for this too.
It’s worth adding these dates to your calendar to give you a nudge when the time comes.
Who's paying the bills?
Make sure your contract is clear about who’s responsible for paying different bills.
It'll leave a big dent in your budget if you think the owner is covering them only to find, down the line, actually you are.
Usually it’s the renters’ responsibility to pay for essential utilities, internet, Council Tax and so on, but down to the landlord or letting agent to make sure everything’s in good working order.
It's worth checking if you are allowed to switch utilities providers, and asking for this to be made clear in the contract if so.
Is it clear about repairs?
It’s up to landlords to fix leaky pipes and carry out other maintenance and repairs as long as you haven’t caused the damage.
Again, this needs to be set out in the contract, which should allow for general wear and tear.
You are also entitled to see a gas safety certificate and an energy performance certificate for the property.
Any extra rules?
The landlord can set out extra conditions and rules.
These can be things like whether you're allowed to have a pet, store bikes inside, smoke on the property or even dry laundry indoors.
There might also be rules around whether you can decorate (and who pays), subletting rooms, and friends and family visiting you. It's worth noting you're responsible for anyone's behaviour when they do come over.
The landlord will probably stipulate about subletting rooms as well.
If you’re not happy with any of the rules set out in the rental contract, ask if they can be reconsidered.
Do you want to make any amends to the contract?
Before you sign is the time to ask for amends to the contract.
If anything is incorrect or sits uncomfortably with you, request it is changed and be clear if it is a deal-breaking issue.
Make sure the contract is updated before you sign it.
Also, if the landlord has agreed to make improvements to the home before you move in, this should be included in the agreement.
Where's your deposit going?
You’re happy with the contract and ready to sign, so one last thing: check where your deposit is going.
By law, the landlord or letting agent is required to put it into a deposit protection scheme. Do not sign the contract if not.
Guide to deposit protection schemes
What if something changes while you're under contract?
Life moves on, and it's not always nicely and neatly at the end of a tenancy agreement.
So what are your obligations if something changes while you’re still under contract?
A new job or losing a job
You don't usually need to tell your landlord about a change in employment, unless it's specifically stated in the contract.
But if you’re struggling to pay the rent, it’s worth talking this through with them.
Hopefully they’ll work with you to find a solution but they can start the eviction process once you’re two months in arrears.
If you need to leave
If you need to leave for whatever reason, you’re still liable for your rent until the end of the contract.
The best way around this is to find a replacement that your housemates and landlord are happy with. A new tenancy agreement will need to be drawn up that doesn’t include you.
On the other hand, you might want to move somebody in.
Tell your landlord; they’ll find out eventually.
If the new resident is viewed as a tenant, a new agreement will need to be signed, which could involve a rent increase, and your deposit protection scheme reorganised.
Finally, just to reiterate, read the contract carefully. Then read it again.
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