Student Bedsit Agreement (Rent Exclusive of Outgoings)
This Student Bedsit Agreement (Rent Exclusive of Outgoings) should be used where a private Landlord wishes to grant a tenancy of a furnished bedsit to a student. Usually the tenancy will have a term of 12 months, although sometimes a shorter term will be granted, e.g. September to June.
A bedsit is typically a self-contained unit comprising a living area and a sleeping area. The bedsit may include a small kitchen or kitchenette and/or bathroom facilities. Alternatively, kitchen and/or bathroom facilities may be shared with other occupiers of the house in which the bedsit is situated.
This Agreement provides for the student to pay for outgoings, such as Council Tax (although the student may qualify for a Council Tax exemption – see the commentary on Clause 4 below), utilities charges, telephone and broadband and cleaning of the communal areas, in addition to the rent. If the rent is to include outgoings, please use the Bedsit (Incl Rent).
The Student Bedsit Agreement is an Assured Shorthold Tenancy (AST). This is the usual form of tenancy granted by private landlords. Unlike other forms of residential tenancy, a tenant under an AST has virtually no security of tenure. As long as the proper procedures are followed, a Landlord can regain possession of the property after six months.
Although the majority of private lettings are ASTs, there are some arrangements that cannot be assured shorthold tenancies. In the context of student lettings, the main exclusion is where there is a resident landlord, for example because the house is owned by a student who lives there. In this situation, the Licence to Occupy a Room (either the full time version or the term time only version) can be used.
If the Landlord wishes to let a house or flat to a group of students (as opposed to letting individual rooms to individual students) our AST Furnished House or AST Furnished Flat should be used.
The Landlord is likely to require the student’s parents to act as guarantors. The Student Tenancy Agreement Guarantee should be used for this.
The Tenancy Agreement sets out the main details at the beginning, being the parties’ names, the address of the property, the term and the rent, which may be payable monthly or termly. An Inventory should be completed and attached to the Tenancy Agreement to record the condition of the property and the furniture and contents.
Clause 1 is the grant of the tenancy. The student is given rights to use such communal parts of the house as the Landlord may specify.
Clause 2 contains standard legal interpretation clauses.
Clause 3 deals with the Tenancy Deposit. The amount of the Deposit should be inserted in clause 3.1. In clause 3.4 the Landlord must specify whether the Deposit will be protected in an insurance scheme or a custodial scheme. Please see the Guidance on Tenancy Deposit Protection for details of the different schemes and the procedural steps the Landlord must take. Please note that this clause should not be used if the Landlord is protecting the Deposit in the Tenancy Deposit Scheme (one of the insurance schemes). That scheme has its own clause which should be substituted – please see the Prescribed Information and Clauses document on the TDS website: http://www.tds.gb.com/agents-and-landlords-documents-and-forms.html.
Clause 4 contains the Tenant’s covenants. These cover payment of rent and other outgoings (e.g. utilities), repair and maintenance, use, allowing the Landlord access for inspections and end-of-tenancy arrangements. (Council tax is mentioned as an expense which the Tenant must pay, but if the Tenant is a are student he is likely to qualify for a Council Tax exemption.) Clause 4 includes covenants requiring the Tenant to observe the terms of the Landlord’s insurance policy and any title documents such as a superior lease. These covenants will only have effect if the Landlord has given the Tenant copies of the relevant documents.
Clause 5 provides for interest to be paid on overdue rent.
Clause 6 is the forfeiture clause. This allows the Landlord to forfeit (i.e. bring to an end) the tenancy if the rent is at least 21 days overdue or if there has been a substantial breach of any of the Tenant’s obligations. Landlords should note that it will still be necessary to go to court in order to obtain possession of the property; the forfeiture clause does not have quite the effect it purports to have but it is important to have the clause in the Tenancy Agreement, otherwise the court will be unable to order possession during the fixed term of the tenancy.
Clause 7 contains the Landlord’s covenants. These cover quiet enjoyment (the right of the Tenant to use the property without interference) and repair.
Clause 8 is an optional break clause for each party. Landlords should note that, as well as serving a notice to exercise the break, they must also serve a notice under section 21 of the Housing Act 1988. The break notice will only bring the fixed term of the tenancy to an end. A section 21 notice is needed in respect of the periodic tenancy which will automatically arise once the fixed term has ended.
Clause 9 will contain the parties’ addresses for service of documents. Section 48 of the Landlord and Tenant Act 1987 provides that rent is not lawfully due from a tenant unless the landlord has provided him with an address where notices are served. It is vital that the Tenant is given an up to date address for the Landlord.
Clause 10 is a jurisdiction clause.
The Tenancy Agreement complies with the Housing Act 1988 (as amended) and the Tenancy Deposit legislation and takes account of the OFT’s 2005 Guidance on unfair terms in tenancy agreements.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
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