Housing Advice for prospective tenants and landlords
Finding the perfect private accommodation doesn’t have to be a chore. But it’s important to remember that there is more to consider than just the size of your bedroom and how close you’ll be to the nearest pub! Our Housing Guide will help you avoid all the common mistakes thousands of tenants make each year when moving into their new private house.
- What to do when you move in
- What to look for
- Safety Issues
- Household Costs
- Contracts
- Your Rights
- Advice on Personal Safety
- Tenancy Deposits
- Tackling Illegal Immigration In Privately Rented Accommodation
- Energy Performance Certificate (EPC)
- Inventory
- Houses in Multiple Occupation (HMO)
1) What to do when you move in
Check list for a New Tenancy
When you have found somewhere to live there are some important actions you need to carry out to ensure your tenancy runs smoothly:
- For Housing Benefit / Local Housing Allowance, make sure that you have notified the appropriate Council of your new address and handed in a copy of your new Tenancy Agreement and complete any new Benefit forms that need completing – IT IS VERY IMPORTANT TO KEEP HOUSING BENEFITS FULLY INFORMED OF ALL CHANGES.
- Notify the Council Tax Department at your local council that you are living at your new address.
- Contact new Gas / Electric Supplier and advise them of the date that you have taken over the tenancy – Read the meters on the day that you moved in and advise them of the meter readings.
- Contact new Water Supplier, (Normally Anglian Water) on 08457919155 and advise them of the date that you took over the tenancy.
- Notify Child Benefit and Child / Working Tax Credit of new address.
- Notify DWP(Department of Work and Pensions) of your new address if you are claiming any welfare benefits.
- Notify any pension providers of your new address.
- Make sure that you notify your Doctor / Dentist of a change of address.
- Make sure that you notify your bank / building society or the Post Office of a change of address.
- Notify any other parties of your new address.
The Exterior
- The roof looks sound, there aren't any tiles missing.
- The gutters and pipes aren't broken or leaking.
- The window frames aren't rotten.
- The windows aren't broken or cracked.
The Interior
- No signs of damp, e.g., dark patches, peeling wallpaper or flaking paint.
- Few signs of condensation such as mould on the walls.
- There aren't any signs of pests, like slug trails and mouse droppings.
Gas & Electricity
- The plugs don't get hot when switched on. Check there are plenty of sockets.
- The wiring doesn't look old, there aren't any frayed cables.
- The gas fire heats up properly and isn't heat stained (if it is it may be dangerous).
- Date gas appliances last serviced and have been shown the valid Gas Safety Certificate.
- The cooker works!
Plumbing
- There is hot water.
- The taps all work properly.
- The bath and basins aren't cracked and the toilet flushes properly.
Security
- The external doors are solid with five-bar mortice locks.
- The internal doors all have locks.
- The windows all have locks.
- Does it have a burglar alarm? Use your bargaining powers to get one. It is in the agent's/landlord's interest as well as your own.
- Does it have a smoke detector?
Print out Check List:
Gas Safety Certificates
From 1st April 2009, the law requires all agents/landlords to ensure all gas appliances in a property are safe and checked annually by a person registered with the Gas Safe Register and provide each tenant with a copy of the Gas Safety Certificate. If you are a new tenant, then you should be issued with a copy of the Gas Safety Certificate before you move in. Any gas safety record given to you after 1st April 2009 will only be valid if the engineer is registered with Gas Safe Register.
Click on the Gas Safe logo link for more info! The Health & Safety Executive has a Gas Safety Advice line on 0800 300363 In the event of an emergency call 0800 111999 |
Electricity
Many agents/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 housing 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.
Carbon Monoxide
If you have gas appliances in your house, Carbon Monoxide is a possible danger. It's invisible and odourless, but it can kill.
Watch out for.....
- Gas flames that burn orange or yellow rather than blue.
- Sooty stains on or around your appliances.
- Solid fuels that burn slowly or go out.
Know the symptoms....
- Unexplained drowsiness.
- Giddiness when standing up.
- Headaches.
- Sickness and Diarrhoea.
- Chest pains.
- Unexplained stomach pains.
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.
Click here for more information on the Carbon Monoxide? Be Alarmed! Campaign
Bills....
- Clarify what is included in your rent. For instance, some agents/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 rented 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 Council Advice Centre.
- Landlords of Houses in Multiple Occupation (shared housed) are usually responsible for payment of Council Tax.
TV Licence
Contract
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 agent/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 agent/landlord over rents, opt out clauses. If you are not happy with the agent's/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; Citizen's Advice will be able to check your contract.
Remember to get a copy of your contract! - Agents/Landlords must comply with relevant legislation on Notice to Quit and Termination of Tenancies. A Notice to Quit also has to contain prescribed information. An agent/landlord cannot simply evict a tenant without a Court Order and this will only be granted on certain grounds. See your rights.
Your Agent/Landlord is responsible for...
- 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 agents/landlords full name and address.
- Providing you with a copy of the valid current Gas Safety Certificate (see Standards).
- Allowing you to "peacefully enjoy" your housing (unless there is an emergency).
- Agents/Landlords 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.
- Providing you with an Energy Performance Certificate (EPC).
You are responsible for...
- Rent payment, which needs to be on time and in full.
- 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 and 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 agent/landlord (preferably in writing). The agent's/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 Citizen's Advice Bureau.
Harassment and Unlawful Eviction
If your agent/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 Agent/Landlord following the correct procedure then the agent/landlord is committing a criminal offence. In addition, if the agent/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 and so on, then this may amount to harassment which is a criminal offence.
If you are in danger of eviction or suffering from harassment by your agent/landlord then contact your local Council's Housing Options Team. Citizen's Advice also produce a booklet entitled "Protection Against Harassment and Unlawful Eviction".
We would always recommend viewing a property in person, rather than relying on the information on the web. You will need to check that the landlord and the property are bona fide. We would never recommend transferring any monies to anyone before doing so in person. 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.
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 agent/landlord fit one?
- Are the curtains of your room see-through? Insist on thicker ones if they are.
Rent deposits
You usually have to pay a deposit if you want to rent a home. Landlords and agents take deposits as security in case you damage the property or furnishings, and they can also be used to cover unpaid bills, rent or missing items. Most agents/landlords will ask for a sum equivalent to four weeks’ rent or a calendar month’s rent, although some ask more. If you work with the HomeChoice Plus scheme we may be able to assist you with a rent deposit bond.
In the past it’s not always been easy to get deposits repaid, even after any legitimate deductions have been made, and in some cases there has been uncertainty about paying the rent for the last month of a tenancy and whether the deposit affects what is owed. However, the law changed on 6 April 2007. Since that date, if you have an Assured Shorthold Tenancy agreement* and your agent/landlord takes a cash deposit, they have to use a government sponsored tenancy deposit protection scheme. There are two types of scheme: Insurance based and Deposit holding; both types mean that:
- There is a way of settling any disagreement about your deposit without going to court.
- There is a specified process for getting your deposit back if you’re entitled to it.
More information can be found at the Government’s website
Information you should receive
Within 14 days of receiving your deposit your agent/landlord must give you the proper information about the scheme safeguarding your deposit. You should always check that the scheme has received your deposit. This is not necessary if youa re working through the Councils HomeChoice Plus rent deposit bond scheme
What if my agent/landlord does not protect my deposit?
If your agent/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 agent/landlord to pay you back the deposit or to pay it into one of the schemes available. It will also order your agent/landlord to pay you three times the amount of the deposit as a fine. Advice on this is available from Shelter
What you should do
In order to help reduce disputes and make it easier to get your deposit back you should ensure that you:
- get a written statement from the agent/landlord explaining what is covered by the deposit. If the agent/landlord gives a verbal explanation, write to him/her to confirm the details.
- get a receipt for monies paid.
- have a full inventory of furniture and get the agent/landlord to sign it. You may want to take photographs as well. If you are working witht he HomeCHoice Plus scheme we will ensure that an inventory and check in report by an independent company is provided for you free of charge
- take reasonable care of the house and furniture during the tenancy.
- write to the agent/landlord, towards the end of your tenancy, inviting him/her to inspect the property.
- settle all your bills.
- return all the keys to the agent/landlord when you leave, make a written request for the return of your deposit, if not within a bond scheme, and keep a copy of your letter.
Agents and good landlords should be very familiar with what is required and will go through inventories and deposit protection arrangements with you as a standard part of the tenancy sign-up process.
*You should be very wary of any landlord or agent who doesn’t give you a proper written tenancy, but if you don’t have a tenancy document, you will effectively have an Assured Shorthold Tenancy by default, whatever the landlord may have intended.
Deposit Bond schemes
In order to help tenants who might not be able to raise a deposit and who might miss out on getting a private rented tenancy as a result, Mole Valley DIstrict Council operates the HomeChoice Plus Deposit Bond schemes, where we agree with the landlord that, instead of taking a cash deposit, they will take a guarantee from the council instead. Deposit Bonds are not available to all tenants or in all circumstances. More information is available from the council.
9) Tackling Illegal Immigration In Privately Rented Accommodation
The Government is making it harder for illegal immigrants to rent accommodation. The Immigration Act 2014 introduced a requirement for landlords of private rental accommodation to conduct checks to establish that new tenants have the right to rent in the UK. Landlords who rent to illegal migrants without conducting these checks will be liable for a civil penalty.
The government wants to ensure tenants in private rented housing are not living in the UK illegally and is already working with councils to tackle rogue landlords who exploit migrant by housing them in “beds in sheds” and illegally overcrowded accommodation.
These checks have been trialled in one location in the UK in autumn 2014. The requirements will then apply more widely from 2015. Where you are working witht he HomeChoice Plus Scheme we will have made these checks for you.
The government is focussing on making this work for the housing market and minimising regulation. The checks will be very simple, and in most cases landlords will be able to conduct them without contacting the Home Office.
Private landlords will be required to make simple checks on new tenants to ensure that they are entitled to be in this country. The checks will be straightforward and quick for law-abiding landlords and tenants to comply with.
Key Facts
- The requirements will not apply to pre-existing tenancies. Landlords will only have to conduct checks on new tenancy agreements from the implementation date.
- The checks will apply to all adults over the age of 18 living at the property.
- When the checks are mandatory in 2015 there will be resources provided such as draft Codes of Practice, guidance and online resources, including an aid to help landlords and tenants identify whether they are affected and, if so, how to conduct a check.
- The government will also provide a set off services to help landlords to conduct checks such as online guidance and a telephone helpline (local rate) providing general information, and a case-checking service for more complex cases.
- The government are focused on caring for the vulnerable:
- They are making it easy for homeless and vulnerable people to prove their entitlement through simple documentary requirements for the right to rent check
- They are exempting those parts of the housing market where further regulation is least appropriate from this obligation, including homelessness hostels, refuges and student accommodation including all halls of residence, any accommodation provided for students directly by a higher educational institution (HEI), and residency agreements in private residential properties where the student has been nominated to occupy the property by a HEI
- They are excluding all tenants housed by local authorities under a statutory duty from the scheme.
- The focus is on making it work for the housing market and minimising regulation. If a landlord has not had an answer from the Home Office within two working days, they can go ahead and rent without risk of incurring a penalty (Check latest timing on website).
- Failure to comply could result in a civil penalty up to a maximum £3000.
- It is important to check the latest timescales and requirements directly.
For full information visit:
Factsheet Landlords Aug 14.pdf
10) Energy Performance Certificate (EPC)
What is an EPC?
The Energy Performance Certificate (EPC) gives home owners, tenants and buyers information on the energy efficiency of their property. It gives the building a standard energy and carbon emission efficiency grade from ‘A’ to ‘G’, where ‘A’ is the most efficient and with the average to date being D.
In addition to the rating for your buildings current energy performance, part of the EPC report will list the potential rating that the building could achieve (using the same ‘A’ to ‘G’ scale), if the recommendations that are provided within the report were to be made. It is not mandatory for anyone to act on the report’s recommendations. However, doing so may cut your energy bills and reduce your carbon emissions.
Who needs an EPC?
As a tenant moving into a property, or as a buyer looking to purchase, it is the legal requirement of the existing owner to provide you with a full Energy Performance Certificate, free of charge. This law comes into effect after 1st October 2008.
Agents/Landlords and owners are only required to produce an EPC for a property that is self-contained and the certificate is then valid for 10 years. However, an EPC isn’t required when a tenant rents a room and shares facilities.
A group of friends rent a property and there is a single contract between the agent/landlord and the group as the contract is for the rental of a whole dwelling. An EPC is required for the whole dwelling.
For further information, please visit the government EPC website here.
What is an inventory?
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 Agent/Landlord 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 agent/landlord to agree to and sign the inventory.
- Keep a safe copy of the signed inventory to check against when moving out.
Accommodation secured through the HomeChoice Plus Rent Deposit Bond Scheme will have an inventory produced by an independent inventory company.
12) Houses in Multiple Occupation (HMO)
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 were 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.
More information can be found at here
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.
More information can be found at here
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 housing 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 is reducing annually until it reaches its minimum level, i.e. three or more. Students in housing that is an HMO in term time are treated as being solely or principally resident there in order to calculate the number of occupiers of an HMO.
Carbon Monoxide Kills |
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Citizen Advice Bureau Housing guide for England |
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Communities and Local Government - Housing | Communities and Local Government - Housing |