SCHEME INFORMATION FOR LANDLORDS

Transcription

1 BARNSLEY ACCREDITATION SCHEME Improving private rented homes SCHEME INFORMATION FOR LANDLORDS BARNSLEY Metropolitan Borough Council BARNSLEY Metropolitan Borough Council

2 LIST OF CONTENTS AIMS OF THE BARNSLEY ACCREDITATION SCHEME Aims of Barnsley Accreditation Scheme How the Barnsley Accreditation Scheme Operates Application Process General Information Termination of Membership Complaints and Breaches of the Scheme Membership Incentives and Benefits Barnsley Metropolitan Borough Council s Responsibilities Tenancy Management Standards Tenancy Deposit Protection Scheme / Bond Guarantee Schemes Fire Safety Guidance Barnsley Accreditation Scheme Awareness Utility Charges Other Service Charges Tenancy Agreement Inventory Anti-social Behaviour Pre-tenancy Repairs Individual Property Information Pack Property Checks Complaints Managing Empty Properties Property Standards Accredited Property Standard Non-accredited Properties General Information During a Tenancy Houses in Multiple Occupation: Licensing Over-crowding Ensuring Possession Access Conduct Repairs and Maintenance Visual Appearance Council Tax Barnsley Metropolitan Borough Council (BMBC) recognise the important role the private rented sector can play in providing good quality housing. BMBC are members of Accreditation Network UK (ANUK), and National Landlords Association (NLA).The Barnsley Accreditation Scheme is based on national good practice. The aims of the scheme are to: To encourage, acknowledge, raise awareness and actively promote good property standards and management practices by landlords and managing agents To assist landlords, managing agents and tenants to undertake their respective responsibilities to each other To encourage and acknowledge responsible behaviour by tenants through the operation of the Barnsley Accredited Tenant Scheme To ensure that the physical condition of properties, the provision of basic amenities and management practices, are fair and reasonable, and not liable to be prejudicial to the health, safety and welfare of tenants or the surrounding neighbourhood To ensure that where problems do occur they are promptly resolved, and misunderstandings and disputes are reduced To work with Local Authorities across the Leeds and Sheffield City Regions to develop a cross-boundary approach to accreditation At The End Of A Tenancy Termination of Tenancy Inventory Council Tax Tenancy Deposit / Bond Guarantee Arrangements Contact Information Legal Note References

3 HOW THE BARNSLEY ACCREDITATION SCHEME OPERATES HOW THE BARNSLEY ACCREDITATION SCHEME OPERATES Application Process Landlords are required to submit an application form and sign a declaration, full details are included on the Membership Application form. On receipt of an application BMBC will ensure as far as is reasonably practicable, that the landlord is responsible, competent and suitable to be a member of the Barnsley Accreditation Scheme. The applicant(s) will be contacted by the Accreditation Officer to arrange an inspection of a sample of their properties, as part of the application process. Following successful application, the landlord will then be awarded accreditation status by BMBC, and will be issued with: A membership card and number A membership certificate A Membership Information Pack A Tenant Information Pack for every property in their portfolio Access to the range of benefits and incentives attached to the scheme General Information Membership of the Barnsley Accreditation Scheme will last for three years, at which point membership can be renewed. BMBC reserve the right to withdraw, change or add to the benefits and incentives of the scheme subject to one month s notice to all members. The Barnsley Accreditation Scheme comprises an element of selfregulation and accordingly relies on a degree of goodwill and trust on the part of its members. Members of the Barnsley Accreditation Scheme must ensure that in addition to complying with the requirements of the Scheme, they also comply with their legal obligations. The Barnsley Accreditation Scheme is free to join; however, BMBC will periodically review the operation of the scheme and reserves the right to introduce a membership fee at a later date. The Barnsley Accreditation Scheme will operate a Steering Group, which will consist of scheme members including landlords, managing agents, representatives from local landlord associations and council officers. The Steering Group will meet quarterly to discuss scheme progress, any emerging issues, and the promotion of the scheme. In addition the Steering Group will have a role to play in the planning of member forum events and trade fairs. The main function of the Steering Group is to ensure that through its activity the Barnsley Accreditation Scheme continues to be fit for purpose, and makes a positive contribution to improving property conditions and management standards in the private rented sector. The Barnsley Accreditation Scheme will be reviewed after the first full operational year, and bi-annually thereafter. The review will be carried out in consultation with the Steering Group, and with the members of the scheme. The regular reviews will facilitate continual improvements in the scheme, and will ensure that new developments in legislation, standards and good practice are taken account of. The review process will ensure that the scheme continues to be fit for purpose. Termination of Membership To terminate membership, one month s notice should be supplied in writing to the Accreditation Officer. Arrangements should also be made to return the member s ID card, the membership certificate and any other items supplied as part of the membership package. Complaints and Breaches of the Scheme Breaches of the Barnsley Accreditation Scheme, or formal complaints about the operation of the scheme shall be dealt with in the first instance by the Accreditation Officer. Should matters fail to be resolved, they will be referred onto the Group Leader for Strategy and Commissioning, BMBC Strategic Housing, who will consider the nature of the breaches or the complaint and will make a decision. Should the member wish to appeal the decision, the matter shall be passed onto the Assistant Director for BMBC Strategic Housing, whose decision will be final and binding. Landlords who lose their accredited status will no longer be participants of, or eligible for any of the benefits of the Barnsley Accreditation Scheme. They must return the membership card and certificate, and any other items supplied as part of the membership package to BMBC. The Assistant Director for BMBC Strategic Housing will consider the reinstatement of accreditation status if the landlord is able to demonstrate that following remedial action they are capable of meeting the requirements of the Barnsley Accreditation Scheme. 4 5

4 MEMBERSHIP INCENTIVES AND BENEFITS BARNSLEY METROPOLITAN BOROUGH COUNCIL S RESPONSIBILITIES Property Accreditation Grants of up to 500 per property (subject to availability) 100 saving on Mandatory Licence fees for Houses in Multiple Occupation: Members 225, Non-members 335 Membership card Membership Certificate Property Accreditation Certificates for qualifying properties Free advertising of Members contact details on BMBC website (with prior agreement) Free tenant finding facility Free advice regarding tenancy related support Free tenant reference checking facility available for previous Berneslai Homes tenants Free advice from BMBC Neighbourhood Safety Unit on problems with tenants relating to Anti-Social Behaviour Specialist advice and assistance on tackling Anti-Social Behaviour available from BMBC Neighbourhood Safety Unit (fees may apply) Dedicated contact in the BMBC Housing Benefit Department for complex cases and complaints Any housing complaints received by BMBC to be referred back to the accreditation scheme member in the first instance, for resolution Free advice from BMBC Regulatory Services regarding Housing Legislation, Regulations and Codes of Practice, Pest Control, Drainage, Noise Nuisance, Statutory Nuisance and Air Pollution Member liaison s and updates regarding industry developments Quarterly Housing market bulletin reports Invitations to Member Forum meetings Invitations to Private rented trade Fairs Accredited tenants scheme with certificates for qualifying tenants Members Information Pack which includes full details of all incentives and benefits, in addition to a variety of useful websites, electronic documents and leaflets Free advice on managing empty properties Provision of Tenant Information packs to be made available in each property Dedicated Accreditation Officer to provide advice, assistance and support regarding the accreditation scheme, and the associated standards Assistance upon request with Property Upgrade Plans, to meet the accredited property standard The opportunity to influence the council s private rented sector housing policies The opportunity to work with the council providing accommodation for a wide range of services and individuals Market advantage when letting properties Barnsley Metropolitan Borough Council (BMBC) will: Work closely with landlords, managing agents, the local bona fide landlord associations and other key private rented sector stakeholders Facilitate the Barnsley Accreditation Scheme Steering Group Administer and monitor the Barnsley Accreditation Scheme, and carry out a programme of random property condition checks on accredited properties, and also random compliance checks on management practices Maintain a database record of accredited landlords, accredited managing agents, accredited properties, and accredited tenants Be responsible for the issuing, administration, suspension and revocation of accredited status Be responsible for the issuing of Accredited Property Certificates Be responsible for the issuing of Accredited Tenant Certificates Provide general help and advice on the Barnsley Accreditation Scheme standards Provide information on changes and likely pending changes in legislation through forums, fairs and newsletters Provide advice on energy efficiency measures Actively promote the Barnsley Accreditation Scheme across its geographical area Issue members with a membership card and certificate Allow use of the Barnsley Accreditation Scheme name by its members, for promotional purposes Give reasons in writing if the landlords or managing agents application to join the Barnsley Accreditation Scheme is unsuccessful Provide a range of membership benefits and incentives Regularly consult with Barnsley Accreditation Scheme members and stakeholders and act positively on feedback Work with Local Authorities across the Leeds and Sheffield City Regions to develop a cross-boundary approach to accreditation 6 7

5 TENANCY MANAGEMENT STANDARDS TENANCY MANAGEMENT STANDARDS Tenancy Deposit Protection / Bond Guarantee Schemes Members of the scheme must use a Tenancy Deposit Protection Scheme, if a deposit is required. It is the landlord s responsibility to ensure their tenants receive the relevant scheme s terms and conditions and that the tenant also receives a notification from the scheme provider which proves that the deposit is protected by the scheme. Alternatively, tenants may wish to access a bond guarantee, via a Bond Guarantee Scheme. Members of the Barnsley Accreditation Scheme should accept bond guarantees, in respect of tenants. Fire Safety Guidance Clear guidance on fire safety will be provided to residents by landlords at the commencement of the tenancy. Barnsley Accreditation Scheme Awareness Tenants will be given a copy of the Barnsley Accreditation Scheme and the Barnsley Accredited Tenants Scheme at the commencement of their tenancy. Sufficient numbers of copies for this purpose will be provided by BMBC. Utility Charges The tenant is clearly informed as to who is responsible for the payment of all utility charges and Council Tax, and that this responsibility is accurately stated in the terms of the tenancy agreement. Other Service Charges Where any service charges are made it is properly specified and detailed in the tenancy agreement. Where transactions are undertaken in cash or cheque a written receipt will always be provided by the landlord upon request. Landlords will provide bank account details to the tenant in order for them to pay rent, deposits, utility or service charges, upon request. Tenancy Agreement A proper written tenancy agreement is required, a copy of which will be given to the tenant. Tenancy agreements shall be written in clear legible English containing no contractual terms in conflict with any statutory or common law entitlement of the tenant, or the terms of the Barnsley Accreditation Scheme. Tenants shall be issued with a clear statement of the rent due to be paid, including the dates, amounts and method of payments due to be made during the contract, in addition to any other fees payable and any arrangements with a tenant s guarantor. The name and current business address of the landlord shall be stated on the agreement together with the address and telephone numbers of any managing agent or person(s) acting on behalf of the landlord, including the provision of emergency contact numbers. The tenancy agreement shall contain appropriate clauses in relation to anti-social behaviour. The standard of cleaning and condition of the property expected at the end of the tenancy should be clearly stated to the tenant, to avoid misunderstandings. Tenants shall be made aware of their responsibilities regarding the upkeep of the property. Monies are only received prior to the signing and completion of a tenancy agreement as a non-returnable deposit, if the property is reserved for an agreed specified period, and for which a receipt must be given. Any incidental costs likely to be incurred should be clearly stated in writing. Inventory A detailed inventory shall be carried out at tenancy check-in and check-out, if possible in the presence of the tenant. Good practice would be to ensure that the inventory includes all the contents, fixtures and fittings and their condition. The inventory shall be initialled on all pages by both parties and signed and dated by them on the last page. Anti Social Behaviour (ASB) Landlords are expected to proactively manage any anti-social behaviour linked to their tenants and/or properties and co-operate with agencies engaged in tackling anti-social behaviour. Guidance should be issued to tenants regarding their expected conduct in relation to anti-social behaviour. Specialist advice on tackling ASB is available on request. Pre-tenancy Repairs At the commencement of the tenancy or other date mutually agreed with the tenants, all obligations on the part of the landlord in regard to the repairs property maintenance and improvements will have been fully discharged. Any agreed pre-tenancy repairs or any intentions on the part of the landlord to undertake upgrading should be confirmed in writing to the tenant. Tenants are provided with details of Property Upgrade Plans where the property is subject to one. Individual Property Information Pack Individual Property Information Packs should be made available in each property, and must include: Copy of Gas Safety Certificate Copy of Energy Performance Certificate (where applicable) Copy of Electrical Safety Certificate (a requirement for accredited properties) In addition, Individual Property Information Packs should also include where possible: Instructions for space heating and hot water heating Location of gas and electricity meters, and water stop-cock Instructions on any appliances provided A Tenant Information Pack will be provided by BMBC for every property in the member s portfolio, the intention being that this can be kept along with the items listed above. Where a fee is chargeable for arranging a tenancy agreement, then prospective tenants should be clearly informed of this in advance. If requested, prospective tenants shall be allowed 24 hours to seek independent advice regarding the tenancy agreement. 8 9

6 TENANCY MANAGEMENT STANDARDS PROPERTY STANDARDS Property Checks Properties should be checked by the landlord during the tenancy (with 24 hours prior notice to the tenant). As part of the check, the landlord should ensure all fire detectors are still in working order. This forms part of the ongoing management of the property and the tenancy. Complaints Landlords are required to have a written procedure for dealing with complaints, which is given to each tenant or client at the start of the tenancy that makes clear: The purpose of the complaints procedure How the complaint should be made How and by whom it will be considered How long it will take The procedure should aim to resolve complaints quickly and fairly so that a line can be drawn under them and the parties can move onto a more constructive relationship for the remainder of the tenancy. The procedure should have at least three stages.the intention is to resolve complaints as early as possible, ideally at stage one.the later stages should be available if this not possible. The Housing Ombudsman Service provides good practice guidance in relation to complaints procedures (link to guidance in membership pack). In addition, landlords can also voluntarily join the Housing Ombudsman Service, which offers an impartial, careful and cost-effective review of complaints and disputes after the landlords procedures have been followed. Please note that fees are chargeable. Managing Empty Properties Empty properties must be kept safe and secure in the most appropriate manner for its location. Advice regarding the appropriate security measures for an empty property can be provided if necessary e.g. no additional measures required, net curtained and alarmed, security screens etc. The empty property should be kept in a condition that does not detriment the surrounding neighbourhood.the garden/yard should be kept tidy and free from rubbish. Hedges, grass and vegetation should be tended. Internally, the water stop tap should be turned off to prevent any water damage occurring to neighbouring properties should any leak occur. Accredited Property Standard This standard applies to properties put forward for accreditation status by landlords. To register individual properties for accreditation status landlords must complete a self-certifying Property Accreditation Registration form.the property may or may not be inspected as part of the registration process. BMBC will then issue a Property Accreditation Certificate. In order to maintain standards, BMBC will carry out random inspections of accredited properties to ensure that standards are being complied with. Should any discrepancies arise, Property Upgrade Plans may be issued in order to assist with compliance. Landlords can also request Property Upgrade Plans to assist them in meeting the accredited property standard. Tenant s questionnaires will be sent out randomly to accredited properties, in order to monitor compliance with the scheme standards. Full details of the standards are available on the Accredited Property Registration Form. Non-accredited Properties Where it is not possible for specific properties to meet the accreditation standard, landlords should work towards ensuring that as far as is reasonably practicable, their properties do not contain any category one hazards, as defined by the Housing Health and Safety Rating System (link to guidance in membership pack). General Information Licensed HMOs will not be subject to inspections by the Accreditation Officer, should they be put forward for accreditation status, as these properties will already be subject to inspections by BMBC Regulatory Services. Please note that Gas Safety Certificates are a compulsory requirement for all privately rented residential properties. Energy Performance Certificates are required, where applicable. When empty properties are ready for letting they should be safe, secure, clean and all services in working order

7 DURING A TENANCY DURING A TENANCY Houses in Multiple Occupation - Licensing In the case of Mandatory licensed HMOs, where an HMO licence includes a particular condition that is different to a requirement of the Barnsley Accreditation Scheme, then compliance with the HMO licence condition will take precedence, or necessary repairs to comply with the Housing Act Applications should have been made for Mandatory HMO licences, for all applicable properties, and those properties should meet or will comply with licence conditions within agreed timescales to ensure compliance with the national minimum standards. Landlords will also notify BMBC of their nonlicensable HMO properties. Licensed HMOs will not be subject to inspections by the Accreditation Officer, should they be put forward for accreditation status, as these properties will already be subject to inspections by BMBC Regulatory Services. Overcrowding Properties are not knowingly overcrowded Ensuring Possession New tenancies do not commence until the existing one has finished. Access Where access is required for routine inspections or viewings, the tenants should receive notification of the date, time and purpose of the visit not less than 24 hours in advance in writing, unless otherwise agreed, and with the exception of circumstances where this notice period is impracticable. Tenants privacy and entitlement to unnecessary intrusion is respected. Conduct Business is pursued by landlords in a professional, courteous and diligent manner at all times, and they do not act in such a manner that brings the Barnsley Accreditation Scheme into disrepute. Repairs and Maintenance All properties are maintained in a satisfactory state of repair. As far as is reasonably practicable the following repairs completion performance standards should be worked towards: Emergency Repairs Any repairs required in order to avoid a danger to health, risk to the safety of residents or serious damage to buildings or internal contents - within 24 hours of report of defect. For example, structural damage or broken heating systems. In circumstances where this is not practicable, landlords will make best temporary arrangements. Urgent Repairs Repairs to defects, which materially affect the comfort or convenience of the residents, for example minor leaks or electrical repairs - within 3 working days of report of defect. Priority Repairs Repairs which are not emergency or urgent, but are still a priority, for example a leaking roof or broken extractor fan within 7 working days. Non Urgent day to day repairs Reactive repairs not falling within the above categories for example plastering or guttering - within 25 working days of report of defect. With the exception of Emergency Repairs, the date on which the repair was reported to the landlord or managing agent shall be the start date for the repairs completion timescale. Decorative finishes for which the landlord has responsibility for are made good within a reasonable timescales if damaged or disturbed during repairs. Maintenance and Servicing tasks which can be carried out in a planned and cyclical manner and which are the responsibility of the landlord are carried out with due regard to the convenience of tenants. With the exception of emergencies, tenants will be notified prior to attendance by contractors to undertake repairs. Where contractors and trades persons are undertaking works in occupied premises, it is written into the contract that they remove all redundant components and debris from site on completion of works in a reasonable time and behave in a professional and courteous manner at all times whilst at the premises. Visual Appearance Within the landlords responsibilities and reasonable endeavours the visual appearance of properties, outbuildings, gardens and yards and boundaries are: Maintained in a reasonable state so as not to detract from the visual amenity of the area Kept free from refuse and other waste materials, and Any accumulations of refuse and waste materials will be removed within a reasonable timeframe upon notification from BMBC Council Tax Landlords to inform Council Tax when a new tenant moves in

8 AT THE END OF A TENANCY CONTACT INFORMATION For further information Write: Accreditation Officer Barnsley Accreditation Scheme Strategic Housing PO BOX 634 Barnsley S70 9GG Telephone: Fax: accreditation@barnsley.gov.uk Termination of Tenancy All tenancies are terminated using the appropriate legal process. Inventory There is a proper check-out inventory, if possible in the presence of the tenant.the inventory will be initialled on all pages by both parties. Council Tax Landlords to inform Council Tax when a new tenant moves out, and provide a forwarding address if possible. Tenancy Deposit / Bond Guarantee Arrangements Following agreement of the check-out inventory and final settlement of the tenants rent account, all tenancy deposits (or balances on deposits) shall be returned to tenant, within the timescale agreed in the tenancy agreement. Similarly, Bond Guarantees will be discharged with the scheme provider. If the landlord wishes to make a claim against the tenancy deposit or the Bond Guarantee, an explanation is to be provided to the tenant as to why this is necessary, and the appropriate procedures followed. Note The Barnsley Accreditation Scheme is operated on a self-regulating basis, and is only subject to random compliance checks. Upon this basis BMBC cannot make any representation nor warrants and no warranty shall be implied that BMBC has approved, or in any way endorsed any particular property, landlord, managing agent or tenant. BMBC shall not be liable to any person or persons for any information contained in the Barnsley Accreditation Scheme or supplemental document or reliance upon it or for any loss, damage or injury or any disputes proceedings or claims by or between any person or persons (and whether or not including or against BMBC) whatsoever or howsoever arising from any information herein contained or any supplemental document. References Model Accreditation Scheme,Accreditation Network UK (ANUK), Barnsley s Private Rented Accreditation Scheme, 2004 Operating Guidance, Housing Health & Safety Rating System(HHSRS), 2006 Housing Fire Safety Guidance, LACORS, 2008 National Approved Letting Scheme,