PROMOTING RESPONSIBLE RENTING

Transcription

1 PROMOTING RESPONSIBLE RENTING OF STUDENT HOUSING IN THE CITY OF EXETER Supported by: Page 1 of 13

2 PROMOTING RESPONSIBLE RENTING OF STUDENT HOUSING IN THE CITY OF EXETER Contents LANDLORD ACCREDITATION PARTNERSHIP AND AIMS...3 This Scheme is Different...4 Why Accredit Landlords?...4 The Benefits...4 GUIDANCE...5 LANDLORD ACCREDITATION REQUIREMENTS...6 STANDARDS... 7 Management...7 Safety & Security...7 Facilities, Maintenance and Repairs...8 Waste & Recycling...8 Energy Efficiency...9 Space Heating...9 Community Relations...9 Anti Social Behaviour...9 Gardens and Yards...10 LANDLORD DEVELOPMENT...10 ADDITIONAL INFORMATION...11 Clarification of Requirements for Gas, EPC, Electrical and Fire Safety...11 Gas Safety...11 Electrical Safety...11 Automatic Fire Detection Systems and Other Fire Precautions...12 Energy Performance Certificate...12 Tenancy Deposit Protection. 13 APPENDICES Appendix 1. Application Procedure and Checklist Appendix 2..Application Form Appendix 3. Code of Management and Practice Appendix 4. Police Student Accommodation Security Checklist Appendix 5..Complaints Procedure Page 2 of 13

3 SHARE: Landlord Accreditation The initial implementation of the scheme will be self-accredited, and there will be no registration fee at this time. It is assumed that an application is made honestly and truthfully. It is assumed that all properties owned by a participating landlord that are used or advertised for student accommodation within the scheme will meet the scheme standards. As part of the scheme, a sample inspection programme of properties may be drawn up to be visited following accreditation. Should an inspection reveal that a landlord or property does not comply with the accredited standard, accreditation status may be suspended, or revoked. The Landlord will only be reinstated if his or her properties reach the appropriate standard; a fee may be charged by the scheme administrators for the re-inspection. LANDLORD ACCREDITATION PARTNERSHIP AND AIMS The Student Housing Accreditation in Exeter Scheme (SHARE) is a partnership of Exeter City Council, the University of Exeter and the University of Exeter Students Guild together with Devon & Cornwall Police and Devon & Somerset Fire & Rescue Service. The scheme provides landlords with the necessary information and training to improve their business, irrespective of whether landlords are new to the business or are already running a successful portfolio. Accreditation under the SHARE scheme will assist business, help market properties and give access to many useful services and benefits. Key aims: 1. To promote a voluntary Code of Management and Standards for landlords of student accommodation in the private rented sector, endorsed by the Partnership. 2. To encourage and assist landlords of student dwellings to maintain their properties in a safe and secure condition, in good repair and according to an agreed standard of management. 3. To encourage good tenancy relations between landlords and tenants by fostering a climate of responsible renting, and by giving advice and information to tenants and landlords about their rights and responsibilities. 4. To promote awareness amongst the student population of SHARE and thereby of accredited landlords properties 5. To give recognition to landlords who operate within the voluntary accreditation scheme. Page 3 of 13

4 SHARE will take account of, and comply with, any changes in legislation introduced during the life of the scheme. SHARE will comply with all relevant legal duties and be consistent with the requirements of the Human Rights Act 1998, the Sex Discrimination Act 1975, the Disability Discrimination Act 1995 and the Race Relations Act This Scheme is Different Many existing accreditation schemes throughout the country in effect accredit properties, not the landlord. The SHARE scheme aims to accredit the landlord him/herself Why Accredit Landlords? The Government is promoting landlord accreditation schemes as an effective means of improving the private rented sector for the benefit of all. The SHARE scheme is founded on the belief that the more knowledge and awareness landlords have regarding the key property management issues, the more likely it is that their properties will be maintained to a higher standard. Their tenants' safety and health will be improved and, perhaps of equal importance to landlords, their businesses will be better protected against non-compliance of the complex laws surrounding the letting of residential properties. THE BENEFITS The scheme will: Recognise the contribution of reputable landlords by displaying the SHARE Accreditation Logo and giving priority advertising on Studentpad. There will continue to be a charge for all landlords advertising on Studentpad via the University of Exeter s Accommodation Office. Landlords, once accredited, do not have to advertise on Studentpad to use the logo Encourage tenants to work with their landlords to keep the property in good condition. Give landlords greater access to information and advice in conjunction with the Exeter Landlords Forum. Discredit unscrupulous landlords thereby improving the image of landlords in Exeter and help to improve the business prospects of the rental market. Give business benefit to landlords, as SHARE will be given priority advertising and promoted to prospective tenants. Research has shown that Universities are likely to start to advertise and recommend accredited landlords only in the future. Create increased opportunities for landlords to communicate directly with the local authority, Fire and Police, for example developing a joint approach to tackling anti-social behaviour and improving the Page 4 of 13

5 satisfaction of landlords with the services they receive from the local authority. Enable Landlords to keep abreast of policy and legislative changes which may affect them and their business. Provide tenants with more assurance that they are dealing with a competent landlord who is recognised as accredited, and enable them to get access to better quality information and accommodation. Improve and maintain safety standards and help to tackle poor housing conditions. Provide and maintain up-to-date knowledge of the key issues of property management and landlord-tenant legislation Provide access to comprehensive reference material covering all aspects of private sector letting Endeavour to secure discount and preferential consideration opportunities with insurance companies, banks, building societies, building materials suppliers, etc Increase confidence that the business is getting it right GUIDANCE Information relating to Fire Safety requirements can be found at where a full copy of the Fire Precautions for Houses in Multiple Occupation is available to download. Information regarding room size standards can be found at All properties in the scheme must have bathroom and kitchen facilities consistent with Exeter City Council s Application Guidance for Licensing of Houses in Multiple Occupation (HMO) Information can be found at All 3 storey properties occupied by 5 or more tenants must be licensed, or a licensing application must have been submitted to Exeter City Council under the mandatory HMO licensing scheme, before the property can be accredited under SHARE. Properties must have no HHSRS (Housing Health and Safety Rating System) Category 1 Hazards.. The guidance document can be found at Information relating to the prevention of Damp and Mould can be found at Where new legislation comes into force, this will over-ride details as stated in this version of the Share scheme. Page 5 of 13

6 On 6 April 2010 changes implemented by The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 meant that, in certain circumstances, a landlord wishing to let out a property as a house in multiple occupation (HMO) may need to seek planning permission before doing so. This change was not retrospective and did not affect existing HMOs. Further information updated on 19th November 2010 can be viewed at nsp pdf Exeter City Council has published consultation notices that it is proposing to restrict home owners Permitted Development rights to use their property as houses in multiple occupation (HMOs). The proposed restrictions would not be implemented until 31 December 2011 and would not affect properties currently used as HMOs. A copy of the full press release can be vieiwed at LANDLORD ACCREDITATION REQUIREMENTS Where areas are covered by existing legislation, adherence to the legislation is the qualifying requirement. In the case of licensed HMOs, where an HMO licence includes a particular condition that is different to a requirement under the SHARE scheme, then compliance with the HMO licence condition will take precedence. All persons applying for accreditation to the scheme will be issued with a copy of the ANUK, LACORS The Landlord Handbook, which is a guide for Landlords and Agents and which covers topics including:- Pre-Tenancy, Responsibilities and Liabilities of the Landlord/Letting Agent Setting up a Tenancy During the Tenancy Ending a Tenancy This can also be viewed at anual_web.pdf Details of the Application Procedure, together with a checklist, are contained within Appendix 1 To participate in SHARE, landlords wishing to be accredited will need to provide: The completed relevant application form to the scheme Appendix 2, including all documentation as listed A signed declaration to conform to the SHARE Code of Management and Practice. Appendix 3 Page 6 of 13

7 STANDARDS Management Use of a reasonable tenancy agreement. The University of Exeter Student s Guild Advice Unit are able to provide details. Advice on good practice tenancy agreements that are fair and equitable can also be found within section 3.1 of The Landlord Handbook Compliance with nationally agreed procedures for deposits - see section 3.3 of The Landlord Handbook Provide an inventory for Tenant and Landlord to sign. Safety & Security To comply with all current legislation relating to Electrical and Gas Safety To hold all relevant up-to-date safety certificates. To carry out PAT (Portable Appliance Testing) on all relevant household appliances provided by the landlord to legislative dates, and to ensure that they are labelled as tested. Accredited properties will be expected to achieve an agreed basic home security standard. The Police have set out a list of recommendations using national security and insurance standards. Appendix 4 contains the current guidance from the Police. Landlords are asked to complete this self assessment checklist to review each of their properties. Assessment is self accrediting, the Police reserve the right to conduct periodic checks and visits to ensure standards are being maintained. A Police visit can be conducted if: a. Requested by the house tenants or landlord b. In response to a crime at or neighbouring the property c. Requested by the Police after giving written notice to the landlord and tenant. The local Police Crime Prevention Officer is available for any questions you may have, and can be contacted by calling or Tenants should be provided with crime prevention information on moving in. Information for landlords for their tenants, is available through the Devon & Cornwall Police. It is recommended that either a notice board is fixed solidly to a wall within a communal area of the property for the display of relevant information, or that this is contained in a ring binder accessible to all tenants. Contractors and tenants should be supplied with the code numbers of alarms. Further information regarding Burglary Reduction in the Private Rented Sector is available at Page 7 of 13

8 Facilities, Maintenance and Repairs Compliance with the minimum HMO requirements relating to room size, bathroom and kitchen provision Supply of sufficient and adequate furniture which is clean and in reasonable condition and which complies with The Furniture and Furnishings (Fire) (Safety) Regulations All bedrooms should contain a bed, adequate clothes storage space, a desk, chair and curtains/blinds which are properly hung/fitted. Note that the desk should be large enough for a computer monitor, keyboard and workspace. Adequate electrical sockets for personal appliances, including computers, Floor coverings or finishes should be draughtproof and easy to clean. The provision of Internet connections within the accommodation is desirable. All properties to be maintained in a satisfactory state of repair. Decorative finishes for which landlords have responsibility are made good within a reasonable timescale if damaged or disturbed during repairs. Tenants to be provided with a point of contact in case of emergency. The following standards should be achieved: Priority One - Emergency Repairs: any repairs required in order to avoid an imminent danger to health, risk to the safety of residents or serious damage to buildings or internal contents, should be resolved within 24 hours of report of defect. In circumstances where this is not practicable, landlords will make the best temporary arrangements possible. Priority Two - Urgent Repairs: repairs to defects, which materially affect the comfort or convenience of the residents should be resolved within five working days of the report of the defect. Priority Three - Non Urgent day to day repairs: reactive repairs not falling within the above categories, should be resolved within 28 working days of report of defect. With the exception of Emergency Repairs, the date on which the repair was reported to the landlord in writing shall be the start date for the repairs completion timescale. Waste & Recycling The SHARE scheme aims to promote best practice from the experience gained across the partnership. Accreditation shall mean that Landlords will: o Provide a waste and recycling education service in conjunction with ECC/University which will comprise : Notification to ECC of their property address(es) and confirmation of the intended maximum number of students on completion of the tenancy agreement. Permanent display of a laminated/hardwearing waste and recycling information sheet available from ECC Verbal explanation of the collection and recycling provision in Exeter when handing out the leaflet to tenants at signature/deposit payment stage of the tenancy agreement. The discussion must include: o Informing tenants of the specific student web site o The method of downloading the specific collection calendar for the premises. o Recommending the opening of a free account with the council (via the link above) for access to all information and communication channels including reminders of collection dates. o Warnings that bins or bags cannot be left on pavements other than on collection days. Page 8 of 13

9 o Promote and support the Student on the Move campaign, if available, for the residents end of tenancy waste. o Ensure that waste from summer maintenance work is removed as soon as possible, by utilising the ECC paid for bulky collection service, or privately arranged alternatives. Landlords will also ensure that the builders they work with are reliable and that they also adhere to the same rules regarding disposal of their commercial waste. Energy Efficiency All dwellings to be provided with a reasonable level of energy efficiency measures and to include as a minimum exposed pipe lagging, insulation to any roof void water tanks and hot water tank (if applicable) and 250 mm insulation to roof void areas. Energy efficiency improvements to be incorporated, where practicable, into refurbishment schemes. (e.g. Replacement boilers and electrical appliances with better efficiency, double glazing) Wherever possible fit low energy lightbulbs. There are now low energy alternatives for most types of lighting, including dimmer switches. Tenants to be given advice upon request, or signposted to an appropriate advisory agency, on how best to heat their accommodation and use hot water in an energy efficient way using the facilities provided. The scheme operator will assist with the provision of such information. Tenants (or prospective tenants) are to be provided with a copy of a valid, up-to-date Energy Performance Certificate (EPC) for the property. Further information is available at Space Heating Properties to be provided with an efficient heating system that, when combined with effective thermal insulation, provides a reasonable degree of thermal comfort. Tenants to be given advice upon request, or signposted to an appropriate advisory agency, on how best to deal with condensation and mould. Further information is available at Community Relations The University has a Community Liaison Officer who works with students and residents living in communities surrounding the Streatham and St Luke s campuses. The role aims to promote positive relationships between students and local people living throughout the city. and has evolved from the ongoing partnership work of the University of Exeter, Exeter City Council, Devon and Cornwall Police and the Students' Guild. Accredited landlords are encouraged to sign up for e copies of the Streetwise newsletter, produced by the University Community Liaison Team, to keep abreast of community issues. Contact details Anti Social Behaviour (ASB) In the event of any anti social behaviour (defined as behaviour likely to cause alarm, harassment, inconvenience or distress to members of the public not of the same household as the perpetrator ) by tenants, landlords may discuss with tenants with a view to ending that behaviour. It is accepted that not all discussion will be successful and, in this case assistance will be requested from a number of statutory and non statutory agencies who may be able to intervene. Further information relating to ASB can be found at Page 9 of 13

10 The University of Exeter produces a specific ASB poster, these are available free of charge and it is recommended that a copy is displayed within each property In respect of matters that can be regarded as anti-social behaviour neighbouring residents and representative organisations can contact the Community Liaison Officer. A neighbour shall be defined as a resident living within 400 metres of the property. Exeter City Council also provides information on noise advice for students, which can be viewed at Gardens and Yards All boundary walls will be maintained, stable and in good repair; Where a garden exists, the path to and from the external door(s) to the house will be kept in good repair and free from obstruction Where a garden or paved area exists this shall be kept in good order and free of waste and litter, so far as is reasonably practicable Tenancy agreements shall require that tenants keep the garden free of litter. The garden area should not be used to store old or unwanted furniture or fittings for more than 10 working days prior to its removal Unless a gardening service is provided by the landlord, some basic gardening tools should be provided where tenants are expected to carry out such duties. LANDLORD DEVELOPMENT All landlords will be required to attend a professional development course, as a condition of becoming accredited by the Share scheme. There will be a nine month period from the launch of the scheme, during which landlords can register to attend the course. The course will cover the following Managing a tenancy Health & Safety responsibilities Risk Assessment techniques for Residential Hazards. At the end of the course there will be a requirement to participate in a short test. Successful participants will receive a certificate. A charge will be made for this training. Details will be available on request. It is also anticipated that on-line training, complete with a test, may be introduced in 2011 thereby providing a choice of training for landlords. Page 10 of 13

11 ADDITIONAL INFORMATION Clarification of Requirements for Gas, EPC, Electrical and Fire Safety A copy of a current Gas Safety certificate, EPC and a current Electrical Safety certificate (together with Automatic Fire Detection) is required for all properties submitted by an accredited landlord for advertisement through the University on Studentpad. Properties of accredited lanlords will be given priority advetising and will display the Share logo. Gas Safety A current Gas Safety certificate must be provided by a Landlord/lady wishing to advertise a property through SHARE. Please note that such certificates are only valid for 12 months. Landlords should ensure that the Gas Engineer is on the Gas Safe Register and that they have access to all rooms in the property, where all gas installations are noted and the certificate is completed correctly. See for more details on the Gas Safe Register. It is a requirement of the Gas Safety (Installations and Use) Regulations 1998 that all Landlords ensure that gas appliances are maintained in good order and checked for safety at least once a year. A COPY OF THE CURRENT LANDLORD S GAS SAFETY CERTIFICATE MUST BE PROVIDED FOR ALL PROPERTIES SUBMITTED FOR AN ADVERTISEMENT Electrical Safety A current Electrical Safety certificate must be provided by a Landlord/lady wishing to advertise a property through SHARE, in the form of a Periodic Inspection Report for an Electrical Installation. For the purposes of the Scheme, these certificates are considered valid for up to five years. Certificates will be accepted from BRE, BSI, ECA, ELECSA, NAPIT and NICEIC registered engineers. The standard relies upon an inspection by a contractor registered with any one of the six Full Scope/Competence Schemes approved under Part P of the Building Regulations and listed above, followed by appropriate tests and an annual visual inspection by the landlord. Please see If either Sections D or F Observations and Recommendations of the Periodic Inspection Report for Electrical Installation contain recommendations, the following will be required prior to advertisement. Please check your certificate for items numbered as follows: If the requirement is prefixed with the number 1, Requires Urgent Attention additional information in the form of a Minor Works Certificate' or a replacement Periodic Inspection Report demonstrating that full remedial works have been completed is required. If the requirement is prefixed with the number 2, Requires Improvement additional information in the form of a Minor Works Certificate' or a replacement Periodic Inspection Report demonstrating that full remedial works have been completed is required. Page 11 of 13

12 If the requirement is prefixed with the number 3, Requires Further Investigation it would be expected that the investigation is carried out as soon as is practicably possible but preferably during the time in which the property is unoccupied e.g. the student summer vacation. Details of this investigation and confirmation of the completion of any works necessary should be given in the form of a Minor Works Certificate or a replacement Periodic Inspection Report. Confirmation that these works will be done with expected completion dates is also required in writing before your advertisement can be placed. A COPY OF THE CURRENT LANDLORD'S ELECTRICAL SAFETY CERTIFICATE MUST BE PROVIDED FOR ALL PROPERTIES SUBMITTED FOR ADVERTISEMENT The following is the link to the Electrical Safety Council s Landlords Guide to Electrical Safety in England & Wales Automatic Fire Detection Systems and Other Fire Precautions The details of the Automatic Fire Detection System (AFDS) can be included in the Periodic Inspection Report when the property is submitted for advertisement. If the details of the AFDS are not included in the Periodic Inspection Report when you submit the property for advertisement, a copy of the additional Minor Works Certificate detailing upgrade/s to an existing system or a Fire Alarm Inspection & Commissioning Certificate detailing installation of a new system must be submitted before the property can be advertised. Both a visual and an aural check of the AFDS should be undertaken. Energy Performance Certificate It is a legal requirement that a landlord provides a new tenant with an Energy Performance Certificate (EPC). 'New tenant' means the occupier of a tenancy which commenced on or after 1st. October EPCs are not required where a tenant rents a room and shares facilities with others and the tenancy is a separate contract between that tenant and the landlord. EPCs are required where a group of people rent a house or flat under a single tenancy agreement and share the house or flat's facilities e.g. where a group of students collectively take a tenancy of a property. EPCs for rented housing have been introduced with two main aims in mind: To enable intending tenants to compare the energy efficiency of one possible home with another To indicate the improvement measures - loft insulation, draught proofing, cavity wall insulation and so on - which could improve the energy conservation performance of the dwelling. EPCs look very much like the certificates which nowadays come with appliances such as refrigerators and washing machines. Page 12 of 13

13 Ratings are represented by a chart with grades from A to G, where A is the most energy efficient and G is the least. EPC s can only be obtained from an accredited energy assessor. Properties of Accredited Landlords must achieve a minimum D SAP rating (unless the building is listed and this rating is not achievable) A residential energy performance certificate is valid for 10 years and can be reused within that period. The EPC is to be commissioned by landlords. Prospective tenants must be permitted to inspect the EPC. A free copy of the relevant EPC should be provided to a tenant prior to the signing of a tenancy agreement. A sample EPC can be found at Tenancy Deposit Protection Tenancy Deposit Protection came into effect on 6th April, It applies to Assured Shorthold Tenancies. Any deposit taken by a landlord for a tenancy created on or after that date must be lodged in one of the three authorised Tenancy Deposit Schemes details below. There are severe penalties for failing to protect a tenancy deposit Comprehensive guidance on Tenancy Deposit can be viewed at /rentingandletting/privaterenting/tenancydepositprotection/ This document will be regularly reviewed, and there will also be a review of the SHARE scheme in June 2011 Page 13 of 13