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Why Jan-Feb is the Ideal Time to Review Your Student Tenancy Agreement

It’s a new year and for the landlords of student properties all over the country, that means one thing. In the coming weeks, you’re going to start receiving applications and the first details of students seeking to rent your property for next year.

 

Why now?

The question you should be asking yourself now is whether your tenancy agreement is still relevant. It’s worth reviewing every couple of years. If it’s been a while, now may be ideal.

Now is the perfect time for that because you can expect these new enquiries in the coming weeks. Students are warned every year to ensure they find somewhere to live in plenty of time. They usually do – it is reported most find property by or over Easter.

 

The agreement is a legal form

The overwhelming majority of student tenancies pass without incident every year; however, it’s important to have a robust coverage. A verbal agreement isn’t enough:

  •         Without payment in advance stipulated, tenants can legally pay rent in arrears
  •         You are not legally able to without part or all the deposit for damages
  •         You cannot evict tenants without a forfeiture clause which should go in the agreement
  •         Your insurance may be invalidated
  •         Other policies you’ll find it impossible to enforce include pets, smoking, and even subletting

These are the main points you should review and should always form the backbone of your student tenancy agreement.

 

Also look at compliance issues

The student tenancy agreement isn’t just about rights and responsibilities while residing at the property. There are legally binding clauses you should also include to ensure you’re not prosecuted for your tenants breaking the law.

An example is stipulating who and how many people are permitted to resident in the property. Your license may be for four people, but if they bring in a fifth (one student finds a partner), you can protect yourself against this breach of license.

There may also be issues with Right to Rent checks on the new person, also making your license invalid. Even if they do have a right to remain in the UK, the lack of checks will count against you.

In such cases, you will be responsible for any fines and court prosecution, not your tenants though you may have a civil case against them.

 

Check it for changes in the law

If you’ve been a landlord for a while, you’ll know the government has tinkered with legal requirements and regulation a great deal. There has been a great deal of change and it’s your responsibility not just to keep up with it, but to ensure all your processes adjust in line with them.

As the old saying goes, it is better to be safe than sorry.