Private Sector Accommodation Registration and Accreditation Landlord Guidance Notes

Transcription

1 Private Sector Accommodation Registration and Accreditation 2013 Landlord Guidance Notes Introduction The Accommodation Office has been operating its Accreditation Scheme since 2008 for landlords who wished to register their properties with us. We insist that all landlords wanting to advertise with us ensured their properties met the standards for accreditation. These standards are based largely on the requirements laid out for landlords/managers in the Management of Houses in Multiple Occupation (England) Regulation 2006 and the Housing Act 2004 We have also worked closely with Cornwall Council (formerly Carrick District Council) and the Devon & Cornwall Constabulary to try to improve the scheme over the years and include some new areas of management provision and property/safety standards. Our intention is not to place any additional burden on landlords, but to assist those that wish to work with us to ensure that they meet their statutory obligations, duty of care and provide high quality student accommodation. In return for meeting these standards we agree to promote your property to all our students and of course you will be able to refer to the fact that the property is an accredited one in any advertising/promotion you may wish to do. We hope these notes will assist you in completing the registration form but please do not hesitate to contact the Accommodation Office should you wish to discuss any issues relating to the form or to the Accreditation Scheme. 1 of 11

2 PART 1 1. Physical Standards Your property should: Be structurally sound and in good repair Be free from significant damp Be clean and in good decorative condition (See also note 4) Have adequate and appropriate heating provision given the size and layout of the property (See also note 8) Have a clean water supply and drainage system Have adequate natural lighting in all habitable rooms Have adequate ventilation in all rooms (including electrical extraction in bathrooms and kitchens as appropriate) (See also note 7) Have sufficient toilets, baths/showers & wash basins with adequate hot and cold water suitably located for the number of occupiers (See also note 7) Have an effective system of drainage for waste, foul and surface water Have sufficient and satisfactory facilities for the storage, preparation and cooking of food (see also note 7) Cornwall Council s Private Sector Housing Team Electrical Safety i) Mains supply Landlords are required to ensure that the mains electrical system in their property is in good, safe working order. Landlords are therefore required to commission a qualified electrician to undertake a full electrical Periodic Inspection at least every 5 years with a report to confirm any remedial works highlighted by the inspection have been carried out and signed off. The Accommodation Office requires a copy of such an electrical report to be returned with the registration form ii) Electrical appliances Landlords must ensure that all electrical appliances supplied by them are in a good, safe, working order and fitted with the appropriate (fused) plug. This applies to portable appliances such as toasters, kettles and televisions as well as fixed appliances such as storage heaters and electric cookers. 2 of 11

3 We would recommend that all appliances supplied by the landlord are inspected and tested by a qualified electrician who should mark each item to show it has been tested and when the next test is due. Annually the landlord should undertake a visual inspection of all appliances supplied by him for signs of wear and tear, damage or other defect. Where appliances are effectively abandoned by outgoing tenants the landlord will assume responsibility for them. Trading Standards Gas Safety Landlords are required to ensure that all gas appliances (and the pipe work, flues etc) are in good, safe working order. Landlords must have a gas safety inspection carried out every 12 months by a qualified contractor registered with Gas Safe and to obtain a Landlord s Gas Safety Certificate. NB Gas Safety certificates must be shown to all incoming tenants and we recommend a copy of the certificate is clearly displayed in the house. The Accommodation Office requires a copy of the certificate to be returned with the registration form. Gas Safe Register: Health and Safety Executive: 4. Property management Landlords are required to ensure that their property is: Maintained in good, clean decorative repair Maintained in a safe, working condition (see also note 10) Fire safety equipment is maintained in good working order Kept reasonably free from obstruction and have adequate facilities for the storage of refuse and waste (see also note 11) This applies to all areas of the property including communal areas, gardens, outbuildings, paths, boundary walls, fences and railings. 3 of 11

4 Of particular importance - the landlord must ensure that handrails, banisters and stair coverings are kept in good and safe repair and that all windows (and other means of ventilation) within the property are kept in good order. We expect that properties should be clean, free from previous tenant s rubbish/belongings and where necessary redecorated at the start of the tenancy. Cornwall Council s Private Sector Housing Team Adequate space All rooms are required to have adequate space for the facilities and furniture provided. All shared student dwellings should have a communal living room separate from the kitchen of adequate size for the number of occupiers. This may be combined with dining facilities since there is no requirement for separate living and dining rooms. Bedrooms are required to meet minimum floor areas: Bedroom (1 person): 7.0 sq. metres. Bedroom (2 sharing): sq. metres Cornwall Council s Private Sector Housing Team Furniture All furniture supplied by the landlord must be in good condition and comply with the Furniture and Furnishings (Fire) (Safety) Regulations These regulations cover such items as beds, headboards, mattresses, 3 piece suites, sofa beds, armchairs, cushions, loose/stretch covers and seat pads. All such furniture should display a label showing compliance. Please be aware these standards may also apply to curtains and bedding supplied by the landlord. Trading Standards of 11

5 7. Amenities All bath/shower rooms, WCs and kitchens must be in good condition and have smooth impervious or otherwise cleanable floor wall and ceiling surfaces. i) WC s. 1 WC is required for every 5 persons and each is required to have an accessible wash hand basin supplied with hot and cold water. Where there are 5 or more tenants, at least half the WCs should be separate from the bath/shower rooms. For example if you have 7 students sharing there must be 2 bath/shower rooms and 2 WCs, one of which must be separate from the bath/shower rooms. (Outside WCs are not counted) ii) Baths and showers. 1 bath or shower room is required for every 5 persons and each facility must be provided with adequate supplies of hot and cold water. iii) Ventilation. Bath/shower rooms, separate WCs and kitchens must be fitted with electrical extractor fans (via light switch or humidistat control) unless a suitably sized opening window is available. iv) Kitchens. Kitchens must be conveniently accessible, have adequate and satisfactory facilities for the storage, preparation and cooking of food for the number of occupiers. Adequate lighting and ventilation must be provided and preferably be provided naturally. Cornwall Council s Private Sector Housing Team Heating The property must have an adequate and efficient heating system. Landlords should also ensure that The property has sufficient insulation (i.e. loft, walls) Water tanks and pipes in under heated to be suitable lagged Hot water cylinders to be adequately insulated. There are usually grants to help towards the cost of insulation. Cornwall Council s Private Sector Housing Team of 11

6 9. Security Landlords are required to consider the following best practice measures to assist with securing their property: All external doors, windows and their frames to be of solid, robust construction. All front doors should, where appropriate, be fitted with a door viewer. (Advice should be taken from the installer if fitting these to PVCU doors) All ground floor windows (including Patio/French doors or similar) and any easily accessible windows above ground level to be fitted with suitable locks. Keys to be kept available near to windows, whilst not being visible from outside. All external/exit doors to be fitted with a 5 lever mortise lock and a rim lock, unless fitted with an appropriate multi-point locking system. Both types must be capable of being opened from the inside without the need for a key to ensure quick and safe escape in the event of a fire. Because of the above requirement it is best practice to have unglazed doors. This also applies to any windows adjacent to a door where the lock is within reach. French windows should be fitted with a BS lever mortice lock and mortice bolts fitted to the top and bottom of each door. (However if this is the only escape route to the rear then this again may also require the fitting of alternative locks to allow keyless egress) Note: Where there is doubt as to the most appropriate escape route, the local authority in consultation with the Fire Service can provide further advice on request. Houses, which are large or of an unusual layout may require additional work to satisfy means of escape (see also Fire Safety below). It is advisable to have outdoor lighting around the property. The most appropriate lighting is dusk till dawn lighting, which only comes on when it gets dark and provides a uniform and constant level of light. Please be aware to avoid nuisance to neighbours. Side and rear access should ideally be secured with high, robust, lockable gates, these should be operable from the inside without the use of key, i.e. bolted to ensure safe egress in case of fire Rear garden fences should ideally be 1.8m high, they can be made more difficult to climb by fixing garden trellis to the top. Any sheds or outbuildings should be secured with a good quality padlocks. Trees and plants should be well maintained to enhance natural surveillance and the effectiveness of any outside lighting. Suggest that any shrubs at the front of the property be kept ideally below a height of 1 metre. Similarly any larger trees should have lower branches removed 6 of 11

7 Devon and Cornwall Constabulary, General Police enquiries Fire Safety Under the Regulatory Reform (Fire Safety) Order 2005, landlords (as the responsible person ) must ensure that they carry out a Fire Safety Risk Assessment of their property and, as a consequence, ensure that there are sufficient fire safety measures in place. We recommend employing professional fire safety assessors to undertake risk assessments. Depending on the size and layout of the property this may include one or more of the following; Smoke/heat detectors in rooms most at risk Fire blankets (in kitchen) Emergency lighting Fire alarm system(s) Fire doors Fire escape routes which are clear from obstructions and flammable materials Fire extinguishers As the responsible person landlords also need to ensure that they regularly review the fire safety measures and equipment in their property and, of course, ensure that any equipment is regularly tested and that all tests are recorded. NB officers from the Fire and Rescue Service and the local authority may ask to see fire safety risk assessments and periodic test records. We are aware that issues concerning fire safety are not only extremely important but can also appear somewhat confusing and daunting for landlords wishing to ensure they comply with the relevant legislation and provide a safe environment for their tenants. 7 of 11

8 We would therefore strongly recommend that landlords seek help and advice about Fire Safety and as a starting point contact their local Fire Brigade and/or the Private Sector Housing Team. Cornwall County Fire Brigade Tel Cornwall Council s Private Sector Housing Team Tel We would also suggest that landlords read the comprehensive guidance on Fire Safety produced by LACORS (Local Authorities Co-ordinators of Regulatory Services) which has been approved by the Chief Fire Officer s Association. Although a lengthy document it does have some very helpful examples of Fire Safety measures certain sizes and types of property need to have in place (e.g. 2 storey shared house, 3 storey bedsit type dwelling etc). The guide can be viewed and downloaded free from the LACORS website: Waste disposal facilities Landlords are required to provide sufficient bins/waste disposal receptacles for the storage of waste pending its disposal having regard to the size/layout of the property and the number of residents living there. We would also expect landlords to ensure their residents are aware of the services provided by the local authority for waste disposal (eg. collection days for the area, recycling arrangements, removal of bulkier items etc) Cornwall County Council ( refuseandrecycling@cornwall.gov.uk of 11

9 PART 2 Licensed Houses in Multiple Occupation (HMOs) If your property is a larger HMO see definition below you may require a licence. If so, this is a statutory requirement and you MUST contact the local authority s Private Sector Housing team. If you already have a licence and can provide the licence number we will be able to put your property onto our list as accredited although we will still require our form to be completed. Definition of a House in Multiple Occupation (HMO) A House in Multiple Occupation (HMO) is a house or flat occupied by 3 or more unrelated people forming 2 or more households who share basic facilities, such as a kitchen, WC or bathroom. A household includes single people (such as a student) so most selfcontained student properties will be defined as a House in Multiple Occupation. The Housing Act 2004 was introduced, in part, to tackle poor standards of accommodation and management of HMOs. It introduced mandatory licensing and also set out standards of management for such properties. Mandatory Licensing of larger HMOs If your property has 3 or more storeys (including converted attics or basements) AND you have 5 or more tenants in two or more households sharing facilities you must obtain a licence from the local authority. This will be granted after ensuring the property meets certain basic standards relating to such issues as; size of the property, provision of washing/toilets facilities, cooking facilities, fire safety measures and general management arrangements. Currently a licence lasts for a period of 5 years for which there is a fee to be paid. It is a criminal offence to let, manage or control a licensable property without a licence. If convicted the landlord or manager could be fined up to 20, and could be made to repay rent received during the period it is let without a licence. If you are unsure whether your property requires a licence, contact Cornwall Council s Private Sector Housing Team on of 11

10 PART 3 Tenancy Management As well as providing a high standard of accommodation we also expect landlords who register with us to ensure that they manage their property effectively and in accordance with the appropriate legislation and regulations. To this end we expect them to provide, as a minimum; A written tenancy agreement A written inventory with a copy for each tenant Landlord contact details to be passed to each tenant Clear details for reporting repairs and defects, including emergency repairs Details of how they have protected tenants deposits (in one of the 3 government sponsored schemes) These measures not only provide tenants with clear rights and responsibilities but also protect the interest of the landlord, particularly in the event of any kind of dispute or difficulty. PART 4 Energy Performance Certificates (EPCs) From 1 st October 2008 rental properties with a new tenancy in England and Wales are required to have an Energy Performance Certificate (EPC)*. They look very similar to the energy labels found on domestic appliances such as washing machines and refrigerators. They show the energy efficiency and environmental impact of a property on a scale from A G and also include a list of recommendations for improving the energy efficiency of the property. Certificates must be provided by an accredited Domestic Energy Assessor (DEA) who will visit the property and make the assessment based on the age, construction and location, as well as the current facilities such as heating system, insulation, double glazing etc. Costs of getting an EPC will vary from assessor to assessor and can range from * Exceptions: Shared properties let on INDIVIDUAL tenancy agreements (i.e. not a joint tenancy agreement for the whole property) do not require an EPC. 10 of 11

11 Trading standards: Communities and Local Government Department: A list of local DEAs can be obtained via Contact: Richard Wilkins, Private Sector Liaison Officer, Accommodation Office Tremough Campus Treliever Road Penryn Cornwall TR10 9EZ Tel: E mail: richard.wilkins@fxplus.ac.uk Working in partnership with: If you require a version of this leaflet in larger print please contact the Accommodation Office 11 of 11