Guide for Landlords

Letting your Property to StudentsA Guide for Landlords

Student Services

For further information please contact the Accommodation Team.

Kate McAdam – Head of Accommodation Services

Helen Knowles – Accommodation Operations Manager

Karen Jones – Accommodation Officer

David Coffey – Accommodation Officer

Neil Dixon – Accommodation Officer

Richard Pugh – Accommodation Officer/Accommodation Finance Officer

Accommodation TeamStudent ServicesEdge Hill University St Helens RoadOrmskirkLancashireL39 4QP

T: 01695 584200

E: [email protected]

W:edgehill.ac.uk/landlords

EDGE HILL UNIVERSITY | GUIDE FOR LANDLORDS

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Foreword 2

Equal Opportunities Policy 3

The Accommodation Team 3

West Lancashire Accreditation Scheme 5

Advertising your Property 6

Different Types of Student Accommodation 7

Acceptable Standards 8 - Soft Furnishing Regulations 10- Gas Safety Regulations 11- Harassment 12

Rent 12

Retainers and Deposits 13

Bills 17

Council Tax 18

Houses of Multiple Occupancy 19

Energy Performance Certificates 20

Fire Safety 20

Contracts 21

Repairs and Maintenance 24- Landlord’s Obligations 24- Students’ Responsibilities 26- Inspecting your Property 27

Property Management Advice 28

Legislation Update 29

Checklist - when students move in 30

Checklist - when students move out 31

Contents

Edge Hill University has over 20,000 students enrolled on our courses. Halls ofResidence provide on-campus accommodation for over 2,000 students whichmeans an estimated 18,500 students either live at home or within private sectoraccommodation. There is no doubt that students seeking rented accommodationwithin the private sector prefer to live close to university. The most popular areasare those within easy travelling distance to the campus.

Students may travel further afield if rents are reasonably priced to compensatefor the expense involved in travelling. Health Studies students based atLiverpool, St Helens and Whiston hospitals may prefer to live within easytravelling distance of the hospital by public transport.

The Accommodation Team, based at Edge Hill University, provides a broadrange of services and information to students and landlords throughout the area.We link students with local landlords through our comprehensive informationservice and aim to promote good practice within the sector.

This handbook is intended as a guide to existing and potential landlords. It willhelp you to let your property to students within the legal framework, and detailstandards that have become the norm for students and the University. We aimto promote a stress-free experience for landlords by explicitly stating ourexpectations of students. We also aim to support you when dealing with thecomplexities of letting your property to students. Ultimately however, thedecisions you take about letting your property are yours, and the contractualagreements you enter into with any students as tenants are strictly betweenyourselves and your tenants. This handbook can only provide a guide for you.We welcome any feedback or comments you have on the content of thishandbook, together with any suggestions that you may have about how we mightfurther improve our services to landlords and students.

Please also remember to have a look at our website, which contains more usefulinformation for landlords: edgehill.ac.uk/landlords.

Foreword


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Equal Opportunities Policy

Our equal opportunities policyEdge Hill University’s vision is to provide an environment where everyone feelsable to participate, contribute, enjoy and influence their experience; and whereinclusive practices underpin everything we do. Respect for and celebration ofindividual diversity will shape institutional strategy, direction and behaviour.

The University seeks to identify and eradicate any practice which discriminateson the basis of race, disability, sex, gender reassignment, age, sexual orientation,marriage and civil partnership, pregnancy and maternity, religion, belief ornone, or socio-economic background.

Landlords who seek to register their property with Edge Hill University shouldtherefore be aware that we require a commitment to this philosophy.

The Accommodation TeamThe Accommodation Team is based in the Student Information Centre at EdgeHill and deals with all aspects of housing for students on and off- campus. Forstudents who wish to live off campus, and all landlords who are registered withthe Accommodation Office, we provide the following services:

Publication of Registered Accommodation ListThe Team manage a database of over 300 off-campus properties and undertakesto provide accurate, up-to-date information on all current or imminentvacancies. This list is updated regularly to show all existing vacancies thatlandlords have advised us of.

Advertising Your Vacancies Your property is advertised to thousands of students via our accommodationlists, in hardcopy and also on the student intranet. We pass on your informationto students who are house-hunting in groups for new accommodation inSeptember, or alternatively, if a student leaves your property before term hasended, we can immediately advertise your vacant room. Please note: theresponsibility for finding tenants lies solely with the landlord and not Edge HillUniversity. Also, contractual agreements are strictly between the landlord andthe student(s), not Edge Hill University.

If the gas safety certificate you have provided for your property has expiredwe are unable to advertise that property on our accommodation list. It is yourresponsibility to ensure that you provide the accommodation team with a copyof a current gas safety certificate for any property you want to be advertisedon our list.

On-going Management SupportBeing a landlord can present its own particular challenges. The AccommodationTeam staff are experienced professionals who have career histories in the fieldof housing management and we are pleased to offer our support to landlordsand students in helping to resolve issues. In particular, the team offers amediation service, and we are also trained in conflict resolution. We are able tocall upon the services of other colleagues in the University to help out in issuesof financial advice, debt management, welfare rights, and Equal Opportunitiesissues. We also offer a confidential counselling service.

Information Updates The Team monitors developments in housing legislation and updates ourregistered landlords via regular letters.

Trouble-free DocumentationThe Team are committed to improving standards and are proactive in updating andstreamlining information, and making it accessible to landlords. In particular,the most important document for you as a landlord is the contract. Samplecontracts are available from upon request from the Accommodation Team. Westrongly advise that any contract you use incorporates relevant, up to datelegislation, is clearly written and is easy for landlord and students to understand.Whilst we offer a sample contract to you, we recommend that landlordsinvestigate alternative contracts which are more appropriate for your needs.


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Trouble-free StudentsEdge Hill University has a Student Code of Behaviour which all students areexpected to abide by whether they are resident on or off the campus. This meansthat there are prescribed expectations of behaviour for students living in yourproperty, and a documented disciplinary system for students who fail to meetthose standards. Our Student Code of Behaviour covers issues such as excessivenoise pollution, disruptive or offensive behaviour, threatening and/or aggressivebehaviour, and any form of sexual or racial harassment, including issues thatcontravene the University’s Equal Opportunities Policy.

Landlords who feel that their student tenants are in breach of this Code ofBehaviour are invited to discuss the issue with the Accommodation Team, whocan investigate the matter further. Breaches of the Code of Behaviour often resultin a meeting with an Accommodation Officer and may result in disciplinaryaction. Please contact us if you have any concerns.

West Lancashire Landlord Accreditation SchemeThe Accreditation Scheme gives landlords of West Lancashire benefits andsupport. A West Lancashire Accredited landlord will recieve:

• Recognition by the Local Authority of your commitment to good standards and a professional service

• Up to date information on the key issues of property management and landlord-tenant legislation

• Discounts with a range of goods and service providers

The scheme is operated by RLAAS, the Accreditation Scheme of the ResidentialLandlords Association and is supported by West Lancashire Borough Council,Edge Hill University, Edge Hill Students’ Union and the West LancashireLandlords Forum.

To find out more and apply visit: www.westlancslas.co.ukor call 0844 887 1407

Data ProtectionPlease note that in all dealings with you and with the students, Edge HillUniversity adheres strictly to the requirements of the Data Protection Act. Thismeans that we cannot disclose information about any individual to any thirdparty without their permission.

Advertising Your Property

This is our timetable for advertising your property to students:

September - NovemberSoon after students arrive in September we begin the process of compiling theoff campus accommodation list.

Information packs and registration forms are made available for downloadonline (date to be advertised).

Completed registration forms together with gas safety certificates (if applicable)and contracts must be returned to the accommodation office.

The Accommodation List is prepared for publication in December. The day thelist is made available the Accommodation Team also holds an AccommodationFair on campus. This gives landlords the opportunity to meet and sign upstudents and allows them to network with local organisations such as the police,council and fire service.

December - JulyStudents contact landlords on the list to arrange their accommodation for thefollowing academic year.

The Accommodation Team updates the list regularly when notified vacanciesoccur, or are taken up by students

AugustWe run house-hunting workshops in August to enable students who wereunsuccessful in being allocated a place in halls of residence to look for off-campus accommodation. If you still have vacancies at this time you should beavailable to show your property to students.

To enable our records to be as accurate as possible and provide you with the bestservice, we rely on YOU to inform us as soon as possible if you have a vacancyin your property, or if you have filled a vacancy.

Please telephone us on 01695 584200 or email [email protected] we can amend our list.


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Different Types of Student Accommodation

Student accommodation falls into two broad types: self-catering and lodgings.

Self Catering Accommodation This is subdivided into three distinct types, all of which mean that the studenthas access to a kitchen area or cooking facilities. Average rents range from£75.00 to £95.00 per week, depending on the standard of the accommodationand the facilities provided.

Shared house accommodation tends to be the most common type of accommodation used by students. This is where students share all amenities of the house with other students but have sole occupancy of a bedroom/study room.

Bedsit accommodation is also popular with students. A Bedsit is a unit that contains a self contained cooking area, although occupants of bed-sits tend to share the bathroom facilities with other students.

Flat accommodation tends to be attractive to mature students or those students with children. A flat usually contains a bedroom(s), kitchen, bathroom, living room and toilet. All the amenities listed are used solely by the registered tenant.

Lodgings Accommodation Lodgings are rooms in private households, usually in the landlord’s own home.This kind of accommodation is generally offered on a five or seven day basis.The average rents range from £80.00 to £110.00 per week, depending on howmany days the student stays and whether meals and/or cleaning are provided.In recent years, this type of accommodation appears to be less popular withstudents, although landlords who are prepared to offer flexible contracts -for example termly or even weekly lets - are more likely to be successful inattracting interest.

Acceptable StandardsThe accommodation you offer must be of a standard that is suitable for students. Listedhere are the minimum expectations of furniture and furnishings which you will needto provide, together with guidance on what fire safety provision you must have in place.

Throughout the property Essential DesirableAdequate heating supply to all living areas Adequate lighting to all areas, including direct sunlightVentilation: windows which open, extractor fans etcDry plasterwork and flooring: lack of damp and/or mouldCarpets, rugs or equivalent floor coverings Curtains or blinds Annual gas safety check (see page 11) Secure doors and windows Rooms appropriately sized (see page 10) Sufficient power points 5 yearly electrical safety certificate Energy performance certificate Smoke alarms, wired into the mains or wireless Fire extinguisher(s) Clear escape route and Fire Doors or escape windows Thumb turn locks on doors

Bedrooms Essential DesirableAdequate heating and lighting Minimum of 70 sq ft if single room and 110 sq ft if shared roomSingle or twin bed(s) (mattresses should display fire labels)Wardrobe Chest of drawers Mirror Desk Chair Bookshelves Wastepaper bin Smoke alarms, wired into the mains, wireless or batteriesThumb turn locks on doors


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Bathroom Essential DesirableBath and/or shower Toilet Washbasin Bathroom cabinet or shelf space Mirror Bin Adequate ventilation

Lounge/ Dining Room (if applicable) Essential DesirableChair or sofa space per tenant (soft furnishings must display fire safety labels) Coffee / dining table Cabinet

Kitchen Essential DesirableCooker Fridge and freezer Adequate storage space Vacuum cleaner Adequate ventilation Cleaning equipment Cutlery and/or crockery Iron and ironing board Fire extinguisher Fire blanket Heat Detector

The accommodation must also be of an adequate size for the number of students.

Bedsit Rooms and Flats:One room unit of accopmmodation with cooking, living and sleeping facilities

Bedsit for one person 10.2m2 (bedsit only)

12.4m2 (inc. toilet with WC)

13.2m2 (inc. shower room with toilet)

15.2m2 (inc. kitchen)

Two or more room units with cooking, living and sleeping facilities.Single Bedroom 6.5m2

Double Bedroom 10.2m2

Each living room for single person units 9.0m2

Each living room for two person units 10.0m2

Each living room/dining/kitchen for single person unit 11.0m2

Each living room/dining/kitchen for two person unit 13.9m2

Shared House:Each bedroom/study shall be for occupation by one person. The bedroom shallbe at least 10m2 except where a seperate living room is provided which is not akitchen or kitchen dining room. If a room is provided the bedroom shall be atleast 6.5m2.Living room - up to 5 occupants 9.3m2 minimum

1.9m2 per personLiving/dining 11.5m2 minimum

2.3m2 per person

We expect all registered properties to comply with current housing legislationand Local Authority regulations concerning planning permission, building,environmental health and fire regulations.

Furniture and FurnishingsAll furniture in furnished accommodation must meet the fire resistancerequirements as stated in the FURNITURE & FURNISHINGS REGULATIONS1988 as amended in 1989 & 1993. This legislation stipulates that allupholstered furnishings provided in rented furnished accommodation mustmeet fire resistance requirements. Furniture must also carry a label attachedstating that it complies with the regulations. Furniture without a label attachedshould be regarded as suspect. If you require any additional information contactWest Lancashire Borough Council, Environmental Health Department on 01695585247, or Trading Standards on 0345 404 0506.


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Gas Safety RegulationsLandlords or their agents are required by law to have all gas equipment in theirrented properties checked annually by a GAS SAFE registered installerunder the GAS SAFETY (INSTALLATION AND USE) REGULATIONS1998. In accordance with this law, when a person lets a property, or part of aproperty (i.e. a room in their home), a gas safety check must be carried out atleast once every 12 months to ensure that all gas appliances in that propertyhave been checked for safe use. The GAS SAFE registered installer will thenissue a certificate to confirm the check has been completed. Always check yourinstaller is registered by asking to see a current GAS SAFE registration certificateor by ringing GAS SAFE on 0800 408 5500.

If you have any gas appliances in your rented property, please note that theAccommodation Team requires a copy of a valid gas safety certificate(s) in orderto keep your registration up-to-date. You MUST also provide a copy to yourtenants within 28 days of the safety check being carried out.

The Gas Safety Certificate must:- be issued by a GAS SAFE registered professional- be dated and current: certificates are valid only for 12 months- show the address of the property inspected- explicitly state that the property has been checked for gas safety and that all appliances are safe for use. This includes such items as gas cookers, heaters, fires and boilers. By law, gas heaters in bedrooms must be fitted with an automatic safety cut off device.

If an agent manages your rented property then your agent has a duty to informyou of these requirements. Your management contract must also specify who isresponsible for the maintenance of any gas appliance and for keeping a recordof safety checks carried out.

Please note: As of 1st April 2009 Gas safety is overseen by the Health andSafety Executive (HSE). From this date gas safety inspections must be carriedout by a GAS SAFE registered engineer.

HarassmentIt is illegal for a landlord to harass a tenant. Harassment entails:- acts likely to interfere with a tenant’s quiet enjoyment of the property- persistent withdrawal or withholding of services which the tenant needs to live reasonably within the premises

The definition of harassment varies but may include these examples:- the landlord entering the premises without the tenant’s consent- the landlord going through the tenant’s possessions- the landlord threatening the tenant with, or actually carrying out violence- the landlord withholding a key which may cause difficulties- anti-social behaviour by the landlord or his/her agent- a failure to carry out repairs which the landlord is legally obliged to do

Rent, Deposits and BillsRentCalculating how much rent to charge and what the rent covers can be one of themost important decisions you have to make when offering accommodation. EdgeHill University does not advise landlords on specific rent levels. However, as aguideline, weekly rents per student per week are generally in the order of:

Self catering house shares and flats - £75.00 - £90.00Lodgings - £80.00 - £110.00

Charges vary according to the facilities and amenities provided and the locationof the property.

Collecting the Rent This is a matter of agreement between the landlord and the tenant, and shouldbe clearly reflected in any appropriate documentation such as licenceagreements or tenancy agreements.

Rent is usually paid in the following instalments:

weekly: this arrangement is usually more suitable when the landlord resides inthe property (ie. lodgings).

monthly: inform your tenants whether the monthly payment is for either acalendar month or a four week period.

termly: most landlords request termly rent payments, to coincide with studentsreceiving their student loan instalments.


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You can collect rent in person, by cash or cheque or by bank standing orderdirectly into your bank account. It is recommended practice to always providethe tenant with a receipt for any payments you receive or to document theinformation in a supplied rent book, which should show your name and addressas the landlord.

Rent Arrears Please note that any contract signed between you and a tenant is independentof Edge Hill University and we are therefore unable to legally recover any moneyowed to you from students. We advise landlords to maintain a dialogue withstudents about their rent, and not to allow more than two months of rent arrearsbefore taking action to recover the money. If students fail to respond to warningletters then you should seek the advice of the Citizens Advice Bureau or a solicitor.

RetainerThe retainer is an amount paid to retain the property or the room during theholidays. Whether or not you decide to make this charge is entirely up to you.Some landlords charge half rent, charge a reduced rent, or charge nothing at allduring the Christmas and Easter holidays. For summer holidays you mayconsider charging:

- a non refundable sum ( usually between £100.00 - £300.00),- a refundable lump sum, or a lump sum which is then discounted against the first terms rent. - a lump sum which is then used as a damage deposit - a reduced rate per week- nothing at all

Most students are not entitled to housing benefit so many cannot afford to paythe retainer over the summer months. Consequently, large numbers of studentswill not rent a property until September in the hope of avoiding a retainercharge. However, if a student has additional needs, they may be entitled tohousing benefit. They should contact the local authority housing benefits sectionfor more information.

DepositA deposit is the amount paid to either secure a property for a future date, or tocover any loss or damage to a property. The amount charged for deposits variesconsiderably but students are usually unable to afford a deposit in excess of£100.00. Legally, the deposit should not be more than one sixth of the annualrent of the property or equal to two months rent.

Tenancy Deposit Protection SchemeAny landlord entering into a new Assured Shorthold Tenancy after 6th April2007 must place any deposit they take into a government recognised scheme.The Tenancy Deposit Protection Scheme has been introduced to help preventdisputes between landlords and tenants if the deposit is not to be returned atthe end of the tenancy.

Landlords are required to tell the tenants within 14 days which of the schemesthey will be using along with the contact details. Each of the schemes will havethe use of a dispute resolution service but both parties will still have the right totake their dispute to the small claims court if they are unwilling to use theresolution service. If the service is used, the decision of the arbitrator is bindingon both parties.

Landlords can help avoid disputes by taking a full inventory at the start of thetenancy. This should include a full list of all appliances, furniture, fixtures andfittings along with the condition of each room. Photographs are also a usefulrecord of the condition of each room. The inventory should be repeated at theend of the tenancy. The landlord and the tenant should sign the inventory toshow that it is accurate and the tenant should be given a copy. The twoinventories can then be presented as evidence should a dispute arise at the endof the tenancy.

Renewing an Existing TenancyIf you are renewing a tenancy that was entered into before 6th April 2007 theuse of the scheme will depend on how the tenancy will continue:

continuation of the existing tenancy without an agreement being signed

If the tenancy is to continue under the same terms and no new tenancy agreementis to be signed (known as a periodic tenancy) then the Tenancy Deposit ProtectionScheme does not apply

continuing the tenancy but with a new tenancy agreement

If you wish to renew the tenancy and will be issuing the tenant with a newtenancy agreement, the deposit that was taken under the original tenancy mustnow be placed into one of the schemes as it falls under the Tenancy DepositProtection Scheme.

Student LetsIf you let to students, the Tenancy Deposit Protection Scheme will apply if youlet the property on an Assured Shorthold Tenancy Agreement and charge adeposit. It is important to note that you must tell the tenants if they will all bejointly liable for any damage.


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How do I Protect the Deposit?The government has awarded contracts to specific companies who will be theonly ones that can protect a deposit. The schemes fall into two categories;custodial schemes and insurance based schemes. The landlord can choose whichof the two types of scheme to use.

Custodial SchemeThe landlord will pay the full amount into the scheme within 14 days of receivingit from the tenant. The scheme will hold the deposit until the end of the tenancy.

If the landlord and the tenant agree how the deposit is to be returned i.e. eitherin full to the tenant or landlord if there has not been any damage or in part wherethe tenant agrees that some damage has been caused, the scheme operator willreturn the money as instructed.

If the landlord and tenant cannot agree how the deposit should be returned, thecase is referred to the dispute resolution scheme where a decision will be made.

Once a decision has been made, the deposit will be returned within 10 days.

The custodial scheme does not charge a fee to landlords. The interest generatedby the deposits being held is expected to cover the cost of the scheme.

Insurance Based SchemeThe landlord will retain the deposit but will pay an insurance premium to thescheme operator within 14 days of receiving the deposit from the tenant.

If the landlord and the tenant agree how the deposit is to be returned once thetenancy has ended, the landlord returns the agreed amount to the tenant. Thismust be done within 10 days.

If the landlord and tenant cannot agree how the deposit should be returned, thelandlord must pay the disputed amount to the scheme operator until the case isresolved. E.g. the deposit £500, the landlord wants to keep £200 for damagecaused. The tenant disputes the damage. The landlord must pay the £300 notin dispute to the tenant and pay the disputed £200 to the insurance scheme.

The case will be referred to the dispute resolution service for a decision.

If the landlord fails to comply with the insurance arrangements, the scheme willpay the amount due to the tenant and recover the money from the landlord.

There will be costs attached to this scheme. Landlords are advised to contact thecompanies operating the schemes directly for further details.

What Happens if I do not Protect the Deposit?If you do not protect the deposit, you will not be able to serve notice on yourtenant if you do not wish to renew the tenancy at the end of the term. This isknown as notice-only as landlords do not need a reason to end the tenancy oncethe fixed term has expired.

The courts can also order the landlord to repay the deposit to the tenant with 14days, or order the landlord to pay the deposit to the custodial scheme. The courtmust also order the landlord to pay a fine equivalent to 3x the deposit to thetenant within 14 days.

Scheme Operators

Insurance Based Schemes

My DepositsWeb: www.mydeposits.co.ukTel: 0333 321 9401

The Tenancy Deposit SchemeWeb: www.tds.gb.comTel: 01844 262 891

Custodial Based Scheme

The Deposit Protection ServiceWeb: www.depositprotection.com

further information can be obtained at: www.gov.uk/tenancy-deposit-protection


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Bills

Gas All students who live in a property that has gas appliances installed need toregister with the gas supplier. It should be the students living in the premiseswho are liable for the gas bill and not the landlord. The students should contactthe gas supplier and nominate one resident student to become the named liableperson for the gas bill.

On arriving at the property all tenants should insist on a meter reading so thatthey know from which point their contribution should start. When students arevacating the property, another reading should be taken by the gas supplier. Thegas supplier should be informed of the exact dates the students move out.Students will need to give at least three days notice to ensure that they get ameter reading.

Electricity Students should contact the electricity supplier to arrange for a new accountnumber and to sign the necessary documentation, including the Application forSupply Form, which transfers the responsibility of the bill to the new tenants,

To register with an electricity supplier the tenants usually need to provide proofof tenancy, either through a letter from the landlord or from the tenancyagreement. The electricity supplier also requires some form of security against non-payment of future bills. Acceptable forms of security are a £100.00 cashdeposit; bills paid by direct debit or the installation of a card meter. Electricitycards can be obtained from a number of retail outlets using an account cardsupplied by the electricity company.

The card works on the principle that payments are credited to the card account:the tenants effectively pay for their electricity before they use it.

Whenever students vacate a property they should inform the electricity supplierto arrange a final reading. This measure ensures that students do not pay forelectricity that they did not use.

Council TaxProperties will be exempt from Council Tax if ALL the adult residents areregistered as full time students. If there is only one adult student who is not infull time education then 75% of the Council Tax will be payable. If there are twoor more adults residents who are not full time students, then full Council Taxwill be payable.

Student tenants should be made aware of the status of all other residents in theproperty so that there are no misunderstandings about liability for council tax.

To be exempt from Council Tax, your tenants need to prove that they are studentsin full time education. First year students are issued with Council Tax StatusDiscount Certificates when they register at the start of their course. Theseexemption certificates are valid for the period the student is on a course at EdgeHill University and must be retained by the student. Replacement forms areavailable from Academic Registry at a charge of £10.00.

When you as the landlord have received the Council Tax Status DiscountCertificates from the student it is your responsibility to send it to the appropriateCouncil Tax Department immediately. Failure to do so may result in you beingcharged the full amount of Council Tax for the property.

For further information on Council Tax billing contact your local Councildirectly. West Lancashire Borough Council, Council Tax office 0300 790 0381

Refuse CollectionIf six or more students live in your property they can apply for an additionalwheelie bin from their local authority. If you need more information or help:click on to www.westlancs.gov.uk/refuse. Here you can find moreinformation and request help online.

Call West Lancashire Borough Council on 01695 577177Go or write to: Refuse Services West Lancashire Borough Council, 52 DerbyStreet, Ormskirk, L39 2 DF


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Houses of Multiple OccupationYour property is a house in multiple occupation (HMO) if:• at least 3 tenants live there forming more than one household; and• you share toilet, bathroom or kitchen facilities with other tenants

A household can mean either a single person or members of the same familywho live together and people in same-sex relationships.

A HMO must be licensed if:• the living accommodation is spread over 3 floors including basement and l oft conversions; and• the property is occupied by five or more people forming two or more households

The council keeps a register of all licensed HMOs in the borough. It is a criminaloffence to manage or control a HMO that should be licensed but is not. Thecouncil will provide the you with an opportunity to apply for a licence beforeconsidering prosecution. If a landlord is convicted of not licensing the propertythe fine can be up to £20,000. In addition, the landlord may have to pay backall the rent received during the time the property was not licensed (up to amaximum of 12 months).

All HMOs have to managed in accordance with The Management of Houses inMultiple Occupation Regulations 2006, irrespective of whether they need to belicensed. Failure to comply with these regulations could see the landlord finedup to £5,000.

You can complete the houses in multiple occupancy enquiry form to ask if alicence is required.

If you know the property needs a licence or your current licence is due forrenewal, you can download a HMO Licence Application and submit it along withthe required fee of £350 by accessing this link:www.westlancs.gov.uk/media/135598/1a-hmo-licence-application-aug-14-check-list-crb.pf

Energy Performance CertificatesFrom 1st October 2008, legislation was introduced requiring landlords to havean Energy Performance Certificate (EPC) whenever a property is let to a newtenant.

To check if you require an EPC for your property we advise that you contact thelocal Trading Standards department for your area. They are responsible forenforcing the regulations that require EPCs to be produced for rental dwellings.

The EPC must be made available free of charge to prospective tenants and a copymust be given to the tenant who takes the property.

The EPC shows landlords and tenants the energy efficiency rating of a property,in much the same way as energy ratings for appliances, on a scale from A-G. ‘A’represents the most efficient, whilst ‘G’ is the least. The EPC also shows thepotential rating of the property if certain recommended improvements areimplemented. The recommendations range from energy efficient light bulbs tocavity wall insulation.

An EPC lasts for 10 years and can be used as many times as is necessary duringthat time.

An EPC must be provided by an accredited Domestic Energy Assessor (DEA) orHome Inspector (HI). Details of accredited energy assessors can be found onthe following website www.epcregister.com

If you are required to have an EPC for your property and fail to comply with theregulations, this can result in the Trading Standards department issuing a noticewith a penalty charge of £200.

Fire SafetyAs part of a Fire Service initiative ‘To Make Lancashire a Safer Community’Lancashire Fire Rescue Service play an active role in working with landlordswho are registered with Edge Hill University University. Landlords are requestedto allow Lancashire Fire Rescue Service personnel to give an educational firesafety talk to the occupants of the property, (please note: this is not a safetyinspection of the property). If you require a Free Home Safety Check please ringFreephone 0800 169 1125 or go to www.lancsfirerescue.org.uk


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ContractsYou are advised that, when you have found a suitable tenant, you both sign aformal tenancy agreement. Before signing the agreement please ensure that itis clearly written and contains the following essential information.

The name of the landlord and tenant(s)The address of the property (and room number if applicable)The period of the agreement The amount of the rent and other charges Details of when the rent is to be paidNotice period & deposit details

Even if there is no written agreement, a verbal agreement is a legally bindingcontract. However this is harder to negotiate if there are any problems.Regardless of what contract is used it is essential that the landlord and thetenants read it thoroughly and understand what they are signing.

Please note: We do not endorse the use of any particular contract and stronglyadvise you to investigate the various alternatives that are available. It is yourresponsibility to use a contract that is appropriate for your needs. Anycontractual agreement you enter into is strictly between you and your tenants,not Edge Hill University.

If you choose to use the Edge Hill contract the tenants have the right to giveFOUR weeks notice to terminate the tenancy

Assured Shorthold Contract There are various types of property agreements available for owners to choosefrom, with the Assured Shorthold Tenancy Agreement being the most common.The Assured Shorthold Tenancy cannot be used if the landlord lives in thepremises that are offered to be let. Please note, most tenancy agreements areAssured Shorthold contracts by default unless the parties agree otherwise. TheAssured Shorthold Tenancy is an agreement used for a specific length of time.This means that if a student wishes to leave the premises before the end of thecontract they must find an approved replacement, unless there is a provision forleaving in the agreement. However, the landlord cannot gain possession until atleast six months of the tenancy have elapsed simply on the basis that it is anAssured Shorthold Tenancy.

Gaining Repossession of a Property using the Assured Shorthold ContractIn order to bring the above contract to an end the landlord must serve thetenant/s with a formal Notice to Quit the property. The minimum period ofNotice to Quit is two months but this can be given any time up to two monthsfrom the end of the contract. For example, a contract that expires on July 10thcan have a notice to quit served on the tenants at any time up to May 10th, thusleaving the property vacant on July 10th. If notice has not been given by thelandlord within these timescales then two months notice may still be given butmust expire on a rent day. For instance, if the tenancy agreement states that therental should be paid monthly on the 10th day of each month then in the aboveexample a notice served on May 11th must give notice requiring possession onAugust 10th. (Two clear months notice expiring on a rent day).

Evicting Shorthold Tenant if They Will Not Move Out A tenant cannot be evicted from a property without a possession order from theCourt. Landlords can apply to the court to start possession proceedings as soon asthe Notice to Quit expires. Landlords do not need to give any grounds for possession.

Leaving an Assured Shorthold Tenancy When the students sign the agreement they have a contractual obligation to adhereto the conditions set out. However, there are special cases when a student mayhave to vacate the premises and break the contract. We recommend that landlordsallow the student to terminate their tenancy when there is a valid reason.

Examples of valid reasons are:- Medical evidence has been provided recommending a change of address- Personal difficulties cause the student to end their course and return home.- The student experiences sexual harassment in the property.- The student fails their exams and is forced to leave Edge Hill University.

The tenant would be within their rights to terminate a contract under certainconditions, for example:- Constant visits by the landlord to the property, without prior notice.- Sexual harassment by the landlord.- Failure on the landlord’s behalf to carry out specific repairs which could put the tenants at risk.

If a student wishes to leave the property for other reasons you should tell themthat they need to find a replacement to mitigate the financial loss to you. Youshould also contact the Accommodation Office to advise of the vacancy, as wemay be aware of students looking for an off-campus vacancy.


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Assured Tenancy This form of agreement is now rare unless landlords wish to prevent the tenancybeing an Assured Shorthold Tenancy. They can openly do so by the service of anotice to that effect, or if the tenancy contains a provision to that effect. If thetenancy is weekly then the landlord must supply a rent book.

Under an Assured Tenancy eviction of the tenant(s) can only be carried out bythe landlord on supplying a ‘Notice Seeking Possession of an Assured Tenancy’and stating the grounds for seeking repossession. This must then be submittedto the Courts for a decision. A fixed term Assured Tenancy expires at the agreedend date. If a landlord has to evict a tenant at this time he/she must still supplya ‘Notice Seeking Possession’ to the Courts for a decision and a Court Order tobe made.

LicenceA licence is a contract that gives a student the right to live in a household butdoes not give them exclusive possession. A licence leaves the general control ofthe household with the landlord.

Lodgings, or any accommodation which is in the landlord’s main home, can beoffered using a Licence. It is essential to discuss all the arrangements with eachstudent, including what facilities are provided and what notice is required if thestudent wishes to leave.

Joint TenancyWhere a tenancy is held jointly, that is, when a group sign only one agreementto rent an entire house or flat, each student will have the rights and obligationsof an individual tenant but also hold these rights and obligations as a group.Joint tenancies can be either Assured or Assured Shorthold Agreements.

This means that each student and their joint tenant(s) will be individually andjointly responsible for abiding by the terms of the contract, paying the rent andother charges or damages. For example, if four students hold a joint tenancy foran entire house at £400 per week, the rent will be £100 for each student perweek. If during the tenancy two students decided to move out and noreplacement was found then the remaining two students would have to pay £400per week between them – i.e. £200 each.

Students are not encouraged to sign joint agreements as it could put them insevere financial hardship if another joint tenant(s) left. Students are encouragedto sign an individual contract so that they are responsible for their own part ofthe rent.

Repairs and Maintenance

Landlord’s ObligationsWhen you rent your premises to students, by law you agree to keep:

‘the structure and exterior of the premises in repair and the installations in thepremises in repair and proper working order including those for the supply ofwater, gas, and electricity, for sanitation, and for space heating or heating water’Clause 6.1.1 & 6.1.2 Edge Hill University Tenancy Agreement

We recommend to all landlords that you ensure the house is in good repairbefore the tenants move into the property, since outstanding repairs andinadequate facilities can prove to be the main source of disagreement betweenstudents and landlords. From the outset it is important that both parties areaware of their responsibilities in relation to repair and maintenance to theproperty. It is crucial that all landlords are aware that they do have legalobligations to repair and they do have to meet specific legal requirements.

Rights to RepairsUnder the Landlord and Tenant Act 1988, landlords are legally bound to keepthe structure and exterior of the house in repair and in proper working order.

This includes:- Installation of water, gas and electricity supplies.- Repairs to the roof, floors, walls and windows.- Upkeep of gutters, pipes and drains- Repair of plumbing and sanitary convenience, i.e. baths, showers, toilets, sinks.- Repair of electrical wiring, gas plumbing, fixed heaters, central heating and water heaters.

- Repair of window frames, internal doors and glass frames- Repairs to the bath, basins, boilers and pipework

Regardless of what the contract states, landlords must carry out the dutiesdefined by law. Any contract or agreement you may make with the tenant(s) canadd to your duties to repair but cannot take away any such duties as specified in law.


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Council InterventionThe Housing Act 2004 requires Councils to carry out an evidence based riskassessment of dwellings using the Housing Health and Safety Rating System(H.H.S.R.S). Under this system the properties are assessed against 29 prescribedcategories of hazard. Examples of some of the categories of hazard:

Damp and mould Excess heat/coldCarbon monoxide Crowding and spaceLighting HygieneFood safety FallsElectrical FireErgonomics Structural

Where a significant hazard is found, the Council must take appropriate actionincluding the serving of an Improvement Notice requiring a landlord to carryout specified works.

Failure to carry out the works may result in prosecution and/or the Councilcarrying out the works and recharging the landlord.

The landlord has a right to appeal against the notice to the Residential PropertyTribunal.

Further information on the H.H.S.R.S. system is available from your localCouncil Office.

A student can seek help from the local Council if a landlord refuses to carry outessential work. The Council can serve repair notices on a landlord to ensure thatrepairs are carried out by a specific date. If the landlord fails to respond to thisnotice it can lead to the work being completed by external agents and the costbeing transferred to the landlord. A landlord can appeal against the notice anda court will decide if the notice should remain. Non-compliance of the noticecould lead to legal prosecution.

Student ResponsibilitiesStudents, on the other hand, are often held responsible for ensuring that sinksare unblocked, batteries are renewed in doorbells and/or smoke alarms, andthat light bulbs are changed - maintenance of a minor nature which can properlybe expected of any occupier. It is essential that students are aware of theimportance of reporting ALL repairs to the landlord. A delay in notifying you ofwhat may appear to be a minor repair could have detrimental consequences tothe structure and value of the property. For example, a leaking downspout maynot affect the comfort of the students but it could damage the brickwork andcause damp.

Reporting RepairsYou will need to consider what system you want your tenants to use for reportingrepairs. Students should be given a contact number to report urgent repairs,although you may prefer that less urgent repairs are reported in writing.Landlords should stress to students the need to report all defective items in aclear and concise manner, no matter how small the repair.

Responding to RepairsOnce a repair has been reported, you should respond within a reasonable timespan. If the repair causes potential health and safety risks or inconvenience tothe tenants then the response should be within twenty-four hours. For example,a gas leak should be acted upon immediately for safety reasons whereas repairsthat do not interfere with the comfort of the residents should be completedwithin twenty-one days.


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Inspecting Your PropertyThe Accommodation Team recommends that landlords should inspect theirpremises regularly to ensure that minor repairs and good housekeeping practiceswhich are the responsibility of the students are not being overlooked, in additionto more major repairs which you may need to be notified of. Please be awarethat it is good practice and recommended by the Accommodation Team that youshould give at least twenty-four hours notice before inspecting the property. If,upon inspection, you identify potential problems, then the number ofinspections should be increased and a further inspection arranged.

We suggest the following procedures when inspecting the property:- Try to give tenants one week written notice of the inspection date. Students tend to clean their rooms prior to an inspection. The presence of the student during the proposed visit is not necessary but preferable.

- Examine the property and point out anything that is not satisfactory.

- If you identify problem areas you should notify the student that the faults need to be rectified within twenty-one days. After twenty-one days, inform the students that you will be re-inspecting the premises to check on progress and examine the defects.

- Tell the students about any defects that might affect the refund of the deposit. This may encourage students to take greater care of the household facilities and take responsibility for maintaining the property in reasonable order.

Property Management Advice

Whenever a student enquires about accommodation and visits your premises,you should discuss the following issues:

Rent How much you intend to charge; how many weeks you charge for; what the rent covers; when it is due; should the student pay the rent individually or in a group?

Contract Are you using a Tenancy Agreement or a Licence Agreement? ALWAYS provide the tenants with a copy of your contract

Retainer How much will the students be paying during the summer holiday period?

Deposit How much is the deposit? What does it cover? Which of the tenancydeposit schemes you will be using along with contact details.

Inventory At what point will the inventory be agreed? ALWAYS provide students with a copy of the inventory: we suggest that you attach it to the Tenancy Agreement

Repairs Discuss reporting of repairs and give an indication of your responsetime. How much notice will be given to students if repairs are to be carried out in the property?

Bills Who is the person liable for the gas and/or the electricity bill? How will the bills be paid? If the bills are included in the rent then you should provide the student with a copy of the quarterly bill(s). Make sure all the meters are read the day the students arrive and leave the property.

Telephone Establish who pays the telephone rental charge. You also need to inform students about the method of payment for calls.

Notice How many weeks notice would the students need to give legally should they want to vacate the premises?

Parking Are there parking facilities available?

Visitors Can friends and family stay if they visit?


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Cleaning Explain your expectations and outline any specific issues

Security Explain your security procedures and talk about keys. What happens if a student loses a key?

Storage Can the students store their belongings during the summer holiday?

Gas If your property has any gas appliances, tell the students about your gas safety certificate: this should help to reassure your potential tenants (and their parents) about the safety of your property

Insurance All students must take full responsibility for ensuring that their own personal belongings are insured. The contents of the property, as listed on the Inventory, should be insured by you, NOT the students. Clarify what is covered by your insurance and reinforce that students’ own possessions are not covered by your policy.

Lodgings If you are providing lodgings accommodation you should discuss the provision of meals. Which meals (if any) are provided? At what time will meals be served? Can the student(s) use the kitchen at other times of the day? What facilities in the kitchen can they use? Are all the rooms in the property available to the student(s), or do you have a private sitting room etc?

Legislation Update - Premises Closure OrdersFrom the 1st December 2008 courts were given new powers to act against anti-social tenants. The Criminal Justice and Immigration Act 2008 introducedpremises closure orders, which enable councils or the police to temporarily closepremises associated with significant and persistent disorder or persistent seriousmisuse.

If offenders refuse to comply with an order by returning to the property, theycould face six months imprisonment or a fine of up to £5000 or both.Perpetrators can be monitored for a further three months on their return to theproperty, giving authorities the chance to extend the orders.

Checklist - When Students Move In - Ensure that the property is clean and in good repair for students arriving.

- Discuss in full the Tenancy or Licence Agreement, including the notice period the student must give if they wish to vacate the property. Make sure that the students fully understand the contract and all have a copy of the contract

- Confirm the rent arrangements, e.g. how much the students need to pay and when and provide each student with a receipt for any money paid

- Provide each student with a written statement detailing exactly what the deposit covers. Landlords who use the University contract will find this is already mentioned

- Discuss the Tenancy Deposit Protection Scheme procedures, including information about which scheme you are using and the contact details

- Discuss arrangements for having the meters read

- Explain how the bills are paid. Are they included in the rent, are there coin or card meters or are they due quarterly

- Do a full inventory at the start of the tenancy. This should include all appliances, furniture, fixtures and fittings along with the condition of each room. Repeat this process at the end of the tenancy. Both parties should sign the inventory to show this is accurate

- Demonstrate to the students where the electricity switch/ gas/water supply taps are located in the premises

- Ensure that all doors and windows open and close and are not obstructed

- Make sure that all emergency escape routes are accessible and clearly signed

- Make sure that all students have a contact number should there be an emergency

- Discuss the terms and conditions of your Insurance policy, highlighting exclusions

- Discuss any parking arrangements. Parking is usually at the car owner’s risk

- Ask about any absences during term time, eg teaching practice or field work

- Ensure that you have each student’s full name and home addressDiscuss all arrangements and terms with each student: do not rely on students to pass information on to others in the group


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Checklist - When Students Move Out- At the end of the term of the tenancy you should check the inventory which you agreed when the student(s) moved into the premises. If everything is in order and there is no damage, instruct the tenancy deposit protection scheme operator to return the deposit.

- Inspect the premises even if just one of the students moves out - it would be unfair to retain that student’s deposit if subsequent damage was caused by the other students who remained in the property.

- If you wish to retain any part of the deposit and you and your tenant cannotagree the case can be referred to the dispute resolution service of the scheme you are using.

- It is a good idea to incorporate the cost of professional cleaning into the rent so that the property can be cleaned professionally when the students move out, thus saving time and energy for you and money for the students.

- Complete any repairs and maintenance that is required to bring the house back into good repair, preferably during the summer months. Your property will then be ready to start the cycle all over again!

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Student ServicesEdge Hill UniversitySt Helens Road, Ormskirk, Lancashire L39 4QP

T: 01695 584554

edgehill.ac.uk/studentservices

CS-1738

Guide for Landlords

Documents

Transcript of Guide for Landlords