Tenancy agreements (contracts)

 

 

What is a tenancy agreement?

 

A tenancy agreement is a legally binding contract between you and a landlord, although many agreements will also include the details of a managing agent as well. The tenancy agreement gives certain rights to both you and your landlord, for example, your right to occupy the accommodation and your landlord's right to receive rent for letting the accommodation for the length of time specified. It lets you live in a property as long as you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy.

 

We recommend that you get a written tenancy agreement from your landlord or agent and it should be signed by both you and your landlord. The landlord should provide you with a copy of the agreement.

 

If there are joint tenants on your contract, then it is recommended that each of you should receive a copy of the agreement.

 

 

 

Changes to tenancy agreements from 1 May 2026 

 

On 1 May 2026, the Renters' Rights Act came into effect, read more about this here. Under the new Act, all fixed-term Assured Shorthold Tenancy Agreements have been replaced with rolling Assured Periodic Tenancy Agreements. 

 

 

Assured Periodic Tenancy Agreements

Periodic tenancies have now replaced Assured Shorthold Tenancy Agreements, which used to be the most common contract used by accommodation providers for renting their student accommodation. Existing shorthold tenancies will have automatically converted on 1 May 2026.

 

  • This type of tenancy agreement has no fixed end date, so it runs month to month.
  • Only one month's rent can be requested in advance by the accommodation provider.
  • It can be an individual tenancy agreement, where one person is named on the tenancy or a joint tenancy agreement, where more than one tenant is named on the same agreement.
  • To end the tenancy and move out, the tenant should give 2 months' notice to quit in writing to the accommodation provider. 
  • In a joint tenancy, if one person gives notice to quit, this brings the whole tenancy to an end. The accommodation provider and remaining tenants can choose to start a new tenancy agreement.
  • Offers tenants more flexibility and allows you to end the tenancy when you no longer require the accommodation. This is useful for students who require short-term or single semester lets.

 

How the accommodation provider can end the tenancy

If the accommodation provider wants to end the periodic tenancy, they must serve a formal notice under Grounds 4A. The accommodation provider must provide a written statement at the start of the tenancy of their wish to recover the property to let it to another group of students. They must give at least 4 months’ notice and it must expire at some point between 1 June and 30 September. Ground 4A will not be available if the tenancy of the property has been signed 6 months or more before it commences.  

 

Summer concession

You may find the landlord or letting agent may offer a summer concession through the form of a rent free period or half rent (usually for July and August). Adverts on the LSH website will show if the landlord or agent has offered a summer concession.

 

If you have been offered a rent free or half rent summer concession, then you have a legal right to access the property from the start date of your tenancy, and many students choose to store belongings in the property until they return to commence their studies in September. If you wish to live in the property over the summer months, then you may be asked to pay full rent.

 

Any summer concessions should be made clear in the tenancy agreement, so always check your tenancy carefully before signing, and if you have any doubts, contact us for a free contract check. If you find a property you like and are not offered a summer concession, you can always try to negotiate to get one. You can also wait and sign up for a property much closer to the time if you do not wish to pay summer rent.

 

Tenant Fees Act

From June 1 2019 the Tenant Fees Act was introduced in England, meaning landlords and agents will no longer be able to charge a number of fees for new tenancies signed on or after that date. This includes tenancies that are being renewed.

 

For more information, please visit our dedicated Tenant Fees Act page.

Common Law Tenancy Agreements

This type of agreement is usually used by University accommodation or private halls who are members of the National Code. 

  • A type of fixed-term tenancy agreement with a clear start and end date.
  • Ends on a specific date and you should move out on that date.
  • Exempt from the Renters' Rights Act

Ending the tenancy early, in very limited circumstances 

The agreement should contain an option for the tenant to end the tenancy if they have withdrawn from or been excluded from or refused admission to their institution of study or if the tenant has been absent from their course for more than 60 days due to illness and has agreed with their university to suspend their studies.

 

Before signing a Common Law Tenancy you should check whether such a clause is contained within the agreement and, if not, ask why not, as this could place the provider in breach of the National Code.

Licence Agreements

  • Gives personal permission for you to occupy a property or room but with limited rights, although there is some protection against immediate eviction. 
  • Is used when the occupier does not have exclusive occupancy of their property or room. 
  • Can be a fixed term agreement, with a start and end date. 
  • May state that the accommodation provider can request rent upfront.  
  • This is most likely to be used when you are sharing a property with the owner (homestay). 

If you currently have a Licence Agreement with your private accommodation provider or you have been offered a new Licence Agreement, you should seek advice, as this type of agreement can limit your rights as a tenant. 

 

Individual and joint tenancy agreements

 

If you and your housemates are all listed on one tenancy agreement with an accommodation provider, then you will have a joint tenancy, with the following implications:

  • Tenants are jointly and individually responsible for paying the rent and for any damage to the property.

  • If a tenant does not pay their share or leaves, then the other tenants may be required to pay the outstanding rent amount and the landlord has the option of pursuing any of the tenants for the arrears.

  • If a tenant wants to move out before the end of the contract, it is up to all tenants to find a replacement or they can agree to continue with the tenancy but cover the extra rent.

  • If a replacement tenant is needed, all existing tenants must agree to the new tenant.

  • In a joint contract, landlords cannot evict one tenant without evicting all of the others.

  • If you have any problems paying your rent or continuing to live in a property, always talk to your landlord at the earliest opportunity.

  • If one person gives notice to quit, this brings the whole tenancy to an end. The accommodation provider and remaining tenants can choose to start a new tenancy agreement.

 

If each of you signed a separate agreement with the accommodation provider, then you will have individual tenancies, with the following implications:

  • You are only responsible for paying your own rent.

  • You will be responsible for paying for any damage within your own room and an appropriate share of any damage in communal areas (unless another tenant accepts responsibility).

  • If another tenant moves out you will have no say over who replaces them.

  • You can give 2 months' notice to end the tenancy, the landlord may agree to release you or could find a replacement.

 

 

Homestay agreements

 

Living with a Homestay provider means you will be sharing where you live with the owner of the house or flat.  You will be issued with a Lodgers Agreement or a License to Occupy, but your legal status is likely to be that of an excluded occupier. This is not the same as a tenancy agreement and will provide you with fewer rights.

 

As an ‘excluded occupier’ you will have some contractual rights which will be set out in your written agreement and will outline the conditions for living in the property and may include how the bills are split, cooking arrangements and if food is provided, how often the rent is paid and any other rules that the Homestay provider wishes to include.

 

Liverpool Student Homes runs an accreditation scheme for Homestay providers and can be viewed here 

 

You can find guidance about your rights as a lodger on GOV.UK.

 

If you have a licence agreement, your landlord doesn't have the repair responsibilities that are set out in the Landlord and Tenant Act 1985 because it only applies to tenancies. However, your landlord should still take steps to make sure your home is safe and that you won’t be injured because of the condition of your home. Your licence agreement might set out what repairs you and your landlord are responsible for - it might give you extra rights so it’s worth checking your agreement.

 

If your landlord wants you to leave the property before the end of the agreement the you have a right to 'reasonable' notice.

 

 

 

Tenancy agreement FAQs

 

 

I have signed and returned a contract to the landlord/agent but they haven't sent me a final copy with their signature - is the contract valid?

If you have signed a tenancy agreement and returned it to the landlord there will generally be an assumption that a contract has been entered into, especially if you have paid for a deposit or advanced rent, however in these circumstances we recommend you contact us for further housing advice.

I have signed a contract but not yet supplied details of my guarantor/paid rent/paid deposit - is the contract valid?

Once you have signed a contract it is legally binding on both you and the landlord, this means that the landlord contractually has to provide you keys and let you move in on the start date detailed in the tenancy agreement, regardless of the circumstances. For example a landlord cannot refuse you access to the property if you have signed the tenancy, but your guarantor hasn’t, if you haven’t paid any rent yet or if you haven’t paid a deposit yet. Although you may be in breach of the terms of the tenancy agreement, the landlord is still obligated to provide keys and a moving in date.

I have changed my mind about the property - do I still have to pay rent if I haven't moved in and have returned the keys?

Yes, you are still liable for paying the rent for the length of contract detailed in the tenancy agreement. Even if you don’t move in or return the keys you will still be liable to pay rent as you have entered into a legally binding contract. To leave a tenancy agreement you usually have to find a replacement tenant and you will need to discuss this with your accommodation provider before proceeding, as it is at their discretion to offer this option.