This section to many of you may just equate to boredom and you will just flick through it - if you've reached this far that is. You really do need to read this and more importantly take note. I know the feeling - you've found a house that's so close to your local that you can almost get served without leaving your living room. Your room's also got a double bed, and that's all that matters, so "lets get it". Be warned, without taking time to evaluate your potential new home properly, you may live to regret making any hasty decisions.
Many landlords may hold a NICEIC certificate which proves that the property has had an electrical check within the last five years. Although this is recommended, it is not a legal requirement.
Fire Safety - Furniture and Furnishings
On 1 January 1997 the final phase of the Furniture and Furnishings (Fire Safety) Regulations 1988 came into force. This means that furniture and furnishings supplied in let accommodation must comply with the fire and safety requirements in the Regulations. All residential premises including flats, bedsits and houses where furniture is supplied as part of the let are covered by these regulations. The type of furniture covered by the regulations are: any upholstered furniture including chairs, sofas, children's furniture, beds, head boards (if upholstered), mattresses, scatter cushions, seat pads, pillows and even garden furniture if it is upholstered and can be used in the dwelling. Carpets, curtains and duvets are not covered by the regulations.
Gas Safety Certificates
Gas Safe Register is the official list of gas engineers who are qualified to work safely and legally on gas appliances. It has replaced CORGI registration. Only a Gas Safe registered engineer should fit, fix or service gas appliances.
Landlords have responsibilities for gas safety. By law your landlord must keep all gas appliances supplied for you to use in good condition. They must arrange for a Gas Safe registered engineer to carry out a gas safety check on them every 12 months and provide you with a copy of the Landlord's Gas Safety Record.
Always:
Ask for a copy of the Landlord's Gas Safety Record before you move in.
Cooperate with your landlord and let a registered engineer in when a gas safety check or servicing has to be done.
Check the ID card of any gas engineer that comes to do work in your home. The engineer must be Gas Safe registered.
Badly fitted and poorly serviced appliances can cause gas leaks, fires, explosions and carbon monoxide poisoning. Carbon monoxide is a poisonous gas which can kill quickly with no warning. Know the six main signs and symptoms of carbon monoxide poisoning - headaches, dizziness, nausea, breathlessness, collapse and loss of consciousness. Don't mistake the symptoms for a hangover.
If you think a gas appliance is faulty turn it off and let your landlord know immediately. In an emergency call the gas emergency helpline on 0800 111 999. If you feel unwell, seek medical help immediately.
For more information and to find and check an engineer go to www.GasSafeRegister.co.uk or call 0800 408 5500. Better Gas Safe than sorry.
Remember, if you think a gas appliance is faulty turn it off and let your landlord know immediately.
In an emergency: If you smell gas or think there might be a gas leak: turn off the gas at the meter, extinguish naked flames, open windows and leave the area. Seek medical advice if you feel unwell. Call the Gas Emergency Freephone Number 0800 111 999.
Carbon Monoxide is a gas that is highly dangerous to people and animals and is produced by appliances that burn fossil fuels such as gas or coal. Even an appliance that has been serviced regularly can produce Carbon Monoxide. NEVER COVER OR BLOCK AIR VENTS.
Even if a property has a safety certificate problems can still occur. Carbon monoxide is difficult to detect because it is:
Colourless. Odourless. Tasteless.
LOOK OUT FOR THE DANGER SIGNS
Sooting or staining marks on or around the appliance. A yellow or orange lazy flame - not crisp and blue. Condensation in the room wherethe appliance is installed.
SYMPTOMS OF CARBON MONOXIDE POISONING
Drowsiness.
Weakness.
Headaches
Nausea.
Lethargy.
Chest Pains.
If unsure, consult your GP.
IF YOU SUSPECT A GAS LEAK OR CARBON MONOXIDE YOU SHOULD:
Open doors and windows to let the gas escape.
Check if the gas supply to an appliance has been left on unlit or if the pilot light has gone out
Turn the gas supply off.
Do not use matches or naked flames.
Do not smoke
Do not turn electrical switches on or off, do not use a doorbell.
Telephone the Gas Emergency Line on 0800 111 999.
Carbon Monoxide? Be Alarmed! Campaign
In October 2008, the Carbon Monoxide Consumer Awareness Alliance launched a new national campaign aimed at cutting the number of deaths and injuries caused by Carbon Monoxide poisoning.
Clarify what is included in your rent. For instance, some landlords include water rates, others don't.
If possible, ask the previous tenants the rough cost of gas, electricity and water.
Take readings of the relevant meters as soon as you can once the last tenants have left.
Change the bills to your name with the relevant suppliers from the time you move in.....decide whether joint names will be put on the bills or if the responsibility will be divided.
Insurance
Don't think of doing without it - the number of burglaries and thefts in student houses is rising!
Shop around to find the right insurance package for your requirements.
Make sure that you're covered over the vacations.
Council Tax
Properties where all the occupants are full-time students will be exempt. You may be asked to produce a certificate giving evidence of your student status; this certificate will be obtainable from your faculty office after you have registered on your course.
If one or more of the occupants of your house is not a student the house becomes taxable so you must clarify whether you are expected to pay anything towards the cost.
If you are unsure about your status with regard to Council Tax then seek advice from your Student Advice Centre.
TV Licence
If you do get a knock on the door you'll no doubt have discussed the cast iron excuse. 'I'll just say I thought that you'd got one', or 'We don't need one cos we're students' or 'We only watch ITV'. The response will, of course, be 'Oh, sorry Sir/Madam I didn't realise. I apologise for disturbing you. I'll let you get back to EastEnders'. If you want the lowdown on the real facts, they are as follows. Students are covered by the same licensing requirements as the rest of the population. A licence will be needed by a student living in halls, a bedsit or a flat. If you live in a shared house one licence is needed per house as long as you have a joint tenancy agreement. If you have separate agreements with the landlord you will need separate licences. If you want more information then contact www.tv-l.co.uk
The protection you have largely depends on your status as an occupier. However, an Assured Short Hold Tenancy Agreement (England) or Short Assured Tenancy (Scotland) are the most common. These can be made for a specific period of time, for instance, one academic year, but they will not usually be made for a period of less than 6 months. Please note that if you are staying in Home Stay or with the owner of the property then you will not be a "Tenant" and should therefore not be required to sign a contract.
If you are sharing a house then you may be asked to sign a joint tenancy or a separate tenancy. If you sign a joint tenancy then you will all be responsible for each other's debts and damages. If you have your own contract then if there are any discrepancies, the argument is between yourself and your landlord and should not involve your housemates.
Points to Note
Rents must be agreed before the contract is signed since this is a binding agreement. Remember-you can negotiate with the landlord over rents, opt out clauses etc. if you are not happy with the landlord's suggestions.
You cannot give notice during the period of the contract, if no such clause has been added to the contract. If you leave before the end of the fixed term then you (or your housemates) remain liable for the remaining rent.
Always try to get your contract checked - the Students Union Advice Centre/Accommodation Office or Citizen's Advice will be able to check your contract.
Remember to get a copy of your contract!
Landlords must comply with relevant legislation on Notice to Quit and Termination of Tenancies. A Notice to Quit also has to contain prescribed information. A Landlord cannot simply evict a tenant without a Court Order and this will only be granted on certain grounds. See your rights
Houses in Multiple Occupation (HMO)
The Housing Act 2004 , which was introduced in April 2006 in England and Wales was created with the intention of providing a fairer and better housing market for those renting properties. The main elements of it include ;
a) Licensing of houses in multiple occupation
A house with three of more stories, occupied by 5 or more people who form 2 or more households (a household being defined as persons belonging to the same family) is classified as an HMO in England and Wales and subject to licensing. The licensing is intended to improve standards in properties where it was felt tenants where at highest risk. Any building, which is occupied by students but managed or controlled by a Higher Education Institution, is deemed not to be an HMO for licensing purposes. Local authorities have at their discretion, but subject to approval from national government, the power to designate other sizes of properties as HMO’s, which are subject to licensing.
b) Housing Health and Safety Rating System (HHSRS)
This is a new system, replacing the "fitness standard for houses", and decides whether a house is healthy and safe. Local council staff will randomly inspect properties and assess the likelihood of injury or ill health calculated via 29 hazards.
In Scotland the Licensing Order makes it mandatory from October 2000 for all HMOs to be licensed. To be classified as a licensable HMO the accommodation must be the only or principle residence of a specified number of people who are not members either of the same family or one or other of two families. The specified number started on 1st October 2000 at six or more and i
Keeping in repair the structure and exterior of the dwelling house, including drains, gutters, and external pipes.
Keeping in repair and proper working order the installations for the supply of water, gas, and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, and for heating rooms and heating water.
Providing a rent book if statute so requires (e.g. where the rent is paid weekly).
Providing you with the landlords or agents full name and address.
Providing you with a copy of the valid current Gas Safety Certificate ( see Standards).
Allowing you to "peacefully enjoy" your accommodation. (unless there is an emergency).
Landlords or their agents have the right to enter the property at reasonable times to carry out the repairs for which they are responsible and to inspect the condition and the state of repair of the property. They must give at least 24 hours notice in writing of an inspection. It would be helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.
You are responsible for.........
Acting in a "Tenant-like manner". This means you should perform the smaller tasks around the house such as mending the electric light when a fuse blows; unblocking the sink when clogged with waste, cleaning the windows when necessary.
Not damaging the house, if you do then you and your guests are responsible for the repairs.
Refuse collection! Remember to find out the collection day from your local council. Put the wheelie bin out - and bring it back in again - it's illegal to leave it on the street.
Securing the property when you go away - lock all the doors and windows!
Being reasonable about noise and parties - weekends are better and let your neighbours know in advance.
Reporting all repairs needed to the Landlord (preferably in writing). The landlord's responsibility to repair begins only when they are aware of the problem. If the fault is not corrected within a reasonable period of time (dependant upon the nature of the disrepair) then seek advice from the Students Union Advice Centre/ Accommodation Office or Citizen's Advice.
Harassment and Unlawful Eviction
If your landlord wants you to leave your house then a legal process must be complied with before you can be evicted. This will include a written notice and applying to the Court for a possession order. If you are evicted without the landlord following the correct procedure then the landlord is committing a criminal offence. In addition, if the landlord (or someone acting on their behalf) interferes with your peace or comfort either with unannounced visits, by not fulfilling his/her responsibilities for basic repairs (as listed above), disconnecting utility supplies etc. then this may amount to harassment which is a criminal offence.
If you are in danger of eviction or suffering from harassment by your landlord then contact the Student Union Advice Centre, your local Council's Housing Advice Team, or your Council's Anti-Social Behaviour Team. Citizen's Advice also produce a booklet entitled "Protection Against Harassment and Unlawful Eviction".
For your own personal safety, it is always advisable for you to view a property accompanied and try to arrange the appointment at a reasonable hour. However, there are advantages to viewing it after dark so that you can get an idea of how you will feel when walking home at night. It is important that you contact your University advice centre if you feel that you were in any way subjected to sexism or harassment during the appointment.
Security:
Here are a few pointers in checking the security of the property.
Is the property in a 'good' area?
Is the property set back from the road? Is the street lighting sufficient?
Are the front and rear doors solid?
Have the doors got five lever mortice locks?
Is there a chain on the door? If not, can the landlord fit one?
Are the curtains of your room see-through? Insist on thicker ones if they are.
You will usually need to pay a deposit if you want to rent a property, but as you probably know, it’s not always easy to get it back when you leave. However, from 6 April 2007, your landlord has been required to register your deposit within the tenancy deposit protection scheme once paid. This means that:
You will get your deposit back if you're entitled to it.
There will be a way of settling any disagreements about your deposit without going to court.
Once you have paid your deposit, your landlord is required to provide details (known as ‘Prescribed Information’) of the Tenancy Deposit Scheme s/he is using within 14 days. This information will also include:
The contact details of the relevant Tenancy Deposit Scheme
The contact details of the landlord or agent
How to apply for the release for the deposit
Information explaining the purpose of the deposit
What to do if there is a dispute about the deposit at the end of the tenancy
Your deposit is to cover damage above and beyond ‘reasonable wear and tear’, and this is alluded to in the vast majority of tenancy agreements.
What if my landlord does not protect my deposit?
If your landlord doesn’t protect your deposit, or refuses to tell you which scheme they are using, you can take them to court. The court will either order your landlord to pay you back the deposit or to pay it into one of the schemes available. It can also order your landlord to pay you three times the amount of the deposit as a fine.
What if I paid a deposit before April 2007
Unfortunately, landlords don't have to use a tenancy deposit protection scheme if you paid your deposit to them before 6 April 2007. If you have a disagreement with them about returning your deposit, try to come to an agreement. If that doesn’t work, you may have to take legal action. But remember, before you take your landlord to court, you should get some expert advice.
It is not uncommon for tenants not to receive a copy of inventory from their
landlords when first moving into their new house.
An inventory can be extremely useful evidence of the condition of the property when you first move in. It provides a full inspection of the property’s contents and their condition.
If you aren’t supplied with an inventory by your Landlord or Letting Agent, don't hesitate to ask for one. If you still don’t receive one, provide them with your own. You do this by making a list of the contents room by room, and then take photos or use video evidence to record the property contents and condition as back up.
The Landlord/Agent and tenant(s) should both sign the Inventory and initial every page to indicate that you agree to the condition of the property contents and condition.
If at all possible, the final inventory check should be done on move out day and checked against the original inventory. This should ensure that there aren't any disputes about the extent of any damage, should there be some, as the landlord may need to take monies out of the deposit to pay for these.
When compiling an inventory it is essential that you:
Describe the condition of every item within the property.
Back it up with photographic/video evidence.
Take a note of the gas and electric meter readings.
Get the landlord/agent to agree to, and sign the inventory.
Keep a safe copy of the signed inventory to check against when moving out.
The University of Gloucestershire Help and Advice
