Tenancy agreements
If you are planning to rent from a private landlord you will most likely be offered a tenancy (an assured periodic tenancy), however since the introduction of the Renters Rights Act many landlords are choosing to offer a licence to occupy.
It is important that you understand what type of agreement you are being offered and how this affects your rights.
If you are unsure about what rights to agreement you are being offered gives you, you should as the landlord for a draft copy and seek advice.
If you have a Tenancy (an assured periodic tenancy) you will have exclusive control. That means that if the landlord wants to inspect the property they must give you notice beforehand and agree your permissions (except in genuine emergencies).
This also applies if you live in an HMO. If you share a property with other people, you will have exclusive control of your bedroom, or any other room listed on your tenancy as being exclusive for your use. The landlord can enter shared communal spaces such as hallways, living rooms, kitchens etc. but they must seek permission to come into your room.
Since RRA all tenancies are periodic so you are not tied into a fixed term and can give the landlord two months’ notice to leave. If you give the landlord a deposit they must protect that deposit inline with regulations which gives you added protection in the case of a dispute.
Licences
If you have a licence (to occupy) you will not have exclusive control.
A licence to occupy gives someone permission to occupy premises for a period of time in return for rent, but they do not have the right of exclusive possession.
This means the landlord or someone acting on their behalf can enter without your permission. This is usually to deliver regular services such as cleaning and linen changes. It also means that the landlord can move guests between rooms as needed.
If you have a licence this can be for a fixed term, which means that you would be expected to pay the rent for that period. It also means that if you paid a deposit the landlord does not have to protect it which means you have less protection if there is a dispute.
If you are unsure what type of tenancy you have, or are being offered you can also use the tenancy checker on Shelters website: https://england.shelter.org.uk/housing_advice/tenancy_checker
There are benefits to both types of agreement but it is important that you recognise which agreement you are being offered before you sign it and understand what that means for you.
Lodgers (Excluded occupiers)
If you live in the same home as your landlord AND share facilities such as bathrooms and/or kitchen you are likely to be a lodger or exclude occupier.
This means you are likely to have very few rights. Your landlord does not have to provide a written agreement, if they do provide a written agreement it can be for a set time or periodic.
If you pay a deposit it will not be covered by tenancy deposit protection rules.
The landlord can ask you to leave by giving reasonable notice, this should be explained in the written agreement but the landlord does not have to get a court order to evict you.
Beware of sham licences.
While many landlords offer genuine agreements, a few will try and offer a sham licence.
A sham licence is when a landlord tries to avoid regulation by offering a licence agreement, but to all intents and purposes the tenant has a tenancy.
This can be as simple are renaming a tenancy agreement document a ‘licence’, or offering services such as cleaning and linen changes but never actually providing them.
It is important that you read any document before signing it. If you are unsure about a document you can ask for a document check. If you are a student most universities will offer a document check service or you can ask the Council or a charity like Shelter or CAB.
A genuine landlord will be more than happy to offer you a draft copy of the agreement to take away and wont pressure you to sign on the spot.
If you are unsure about the type of tenancy you have or are considering taking up you should contact CAB or Shelter or seek other legal advice.
The rules have recently changed and landlords must follow new guidelines, you can find out more about these and other changes at: Renting is changing.