When renting a room you should always have a clearly written, legally valid document that states the agreement between you and your landlord. Although in some cases an oral contract is legally binding, your landlord has to provide you with a written statement of the main terms of the tenancy agreement if you ask for them. We highly recommend that you have a written contract right from the start.
The tenancy agreement contains things like:
- Your name
- Your landlord's name
- The address of the property in which a room is being let
- The date the tenancy began
- The amount of the deposit
- The amount of rent payable each month
- What the rent includes or excludes (e.g utility bills, council tax)
- The length of notice you or your landlord must give to end the tenancy
- Your landlord's obligations to repair the property
- Your obligations to keep the property in good condition
- An inventory of items in the house and of the condition of your room.
Types of tenancy agreement
Assured Shorthold Tenancy (AST)
This is the most common form of tenancy agreement in the private sector. It states that the landlord can end the tenancy AFTER a 6 month period without giving a particular reason. After 6 months, they can serve you a valid notice to quit* the property.
Assured Tenancy
This is very similar to an assured shorthold tenancy, but with more security for the tenant. An assured tenancy is required if the tenancy is going to be over 3 years, or if the intention is for a very long-term contract. If the landlord wishes to end the tenancy, they have to give very specific reasons and go through lengthy processes to make the tenants leave. Assured tenancies are more common in public sector housing.
House/Flatshare/Lodger Agreements
If you're renting a room you may have this kind of agreement with your landlord. Resident landlords often choose it because it gives them more control over their living situation. Non-resident landlords however can use this sort of agreement too. It gives the tenant less security of tenure (or rights) than an assured shorthold tenancy.
As a tenant, you will not be able to dispute the amount of rent you have agreed to, and you can be given less notice to leave a property if the landlord wants you to go. You can also end the tenancy quickly if you want to.
If the landlord does not live in the property in a house-share situation, they have to give you and any other tenants 4 weeks notice to quit the property. This applies if the landlord lives in a different flat in the same building. If the landlord does live in the property (i.e. in the same house or flat), there is no required notice period. However, if there is a written statement in the tenancy agreement that gives a longer notice period this should be used.
* A notice to quit is a formal document that a landlord may give you, to notify you that you must vacate a property by a certain date. They must give you the amount of notice set out in your contract.