PRIVATE HOUSING GUIDE
2015-16
University of London Housing Services Student Central, 4th Floor, Malet Street, London WC1E 7HY www.housing.london.ac.uk
020 7862 8880 housing@london.ac.uk @ULHS fb.com/UoLHousingServices
The University of London Housing Services (ULHS) has been producing student housing publications for many years. This new guide is in no small part thanks to the hard work and dedication of all those who have worked with us on previous publications. Editors: Kate Logsdon & Edward Rees Design: Simon Judd, SJ Creative studio@sj-creative.co.uk www.sj-creative.co.uk
Introduction 1 INFORMATION
WELCOME TO LONDON
ACCOMMODATION GUIDE
... AND MORE!
RESOLVING ISSUES
DEPOSITS
MOVING IN
REPAIRS
VIEWING
CONTRACTS
LOOKING
HOW TO FIND SOMEWHERE TO LIVE
MY OPTIONS
This guide is intended to give you an overview of all the things you need to be aware of when looking for and living private rented accommodation in London, including:
REFERENCES
If you are interested in finding out more about the accommodation options on offer from the University of London, take a look at our Accommodation Guide. 2015-16
MY OPTIONS
INFORMATION
2 Introduction
CONTENTS WHAT ARE MY OPTIONS? . . 5 Types of accommodation . . . . . . 6
VIEWING PROPERTIES & SIGNING CONTRACTS . . . . 35 Inspecting a property . . . . . . . . . 36
Choosing your flatmates . . . . . . 10
LOOKING
Agency fees . . . . . . . . . . . . . . . . . 41 When to start looking . . . . . . . . 14 Holding deposits . . . . . . . . . . . . . 42 Where to look . . . . . . . . . . . . . . . 15 Negotiating . . . . . . . . . . . . . . . . . 44 Rents in London . . . . . . . . . . . . . 20
VIEWING
Damage deposits . . . . . . . . . . . . 46 Budgeting & tips . . . . . . . . . . . . . 22 Do I need to pay council tax . . . 24
Checking ownership of a property . . . . . . . . . . . . . . . . 47
REFERENCES
RESOLVING ISSUES
MOVING IN
References & guarantors . . . . . . 48
LIVING IN LONDON . . . . . . 27
Contracts . . . . . . . . . . . . . . . . . . . 50
Getting around London . . . . . . . 28
Other types of contract . . . . . . . 53
Safety . . . . . . . . . . . . . . . . . . . . . . 30
Break clauses . . . . . . . . . . . . . . . . 55
Housing for students with families . . . . . . . . . . . . . . . . 32
Does your landlord need a licence? . . . . . . . . . . . . . . 56
Housing for students with disabilities . . . . . . . . . . . . . . 33
Introduction 3 INFORMATION
Repairs . . . . . . . . . . . . . . . . . . . . . 74
Utilities . . . . . . . . . . . . . . . . . . . . . 63
Damp & mould . . . . . . . . . . . . . . 78
Council tax . . . . . . . . . . . . . . . . . 65
Infestations . . . . . . . . . . . . . . . . . 80
TV licencing . . . . . . . . . . . . . . . . . 66
Intrusive landlords . . . . . . . . . . . 83
Insurance . . . . . . . . . . . . . . . . . . . 67
Noise & neighbours . . . . . . . . . . 85
Deposit protection . . . . . . . . . . . 68
Leaving early . . . . . . . . . . . . . . . . 86
Gas safety . . . . . . . . . . . . . . . . . . 70
Getting your deposit back when you move out . . . . . . . . . . 88
VIEWING
Inventories . . . . . . . . . . . . . . . . . . 60
LOOKING
WHEN THINGS GO WRONG 73
MY OPTIONS
MOVING IN . . . . . . . . . . . . 59
Electrical safety . . . . . . . . . . . . . . 71 Where can I go for help? . . . . . . 92
MOVING IN
Fire home safety checks . . . . . . 71
RESOLVING ISSUES REFERENCES
£138 /WEEK SINGLE ROOMS
HACKNEY & BETHNAL GREEN WW W.CASSANDCLAREDALE.CO.UK
What are my options? 5 INFORMATION
WHAT ARE MY OPTIONS?
MY OPTIONS
CHOOSING YOUR FLATMATES
MOVING IN RESOLVING ISSUES
DO I NEED TO PAY COUNCIL TAX?
RENTS AND BUDGETING
VIEWING
WHERE TO LOOK
WHEN TO START LOOKING
LOOKING
TYPES OF ACCOMMODATION
REFERENCES
MY OPTIONS
INFORMATION
6 What are my options?
TYPES OF ACCOMMODATION: SHARED FLATS & HOUSES • Most popular housing option • Cost effective • Living with friends • Greater freedom and
LOOKING
independence
• Each person usually has their own bedroom
• Bathroom(s) and kitchen VIEWING
are shared
WHAT DO STUDENTS THINK? Our 2014 Student Accommodation Survey found that satisfaction levels in private rented accommodation were quite high. You can search for this type of accommodation on our housing database: www.housing.london.ac.uk
• Joint responsibility for rent, bills, cleaning etc.
• Bills not normally included • Contracts are normally for one year
Very satisfied Satisfied Dissatisfied Very dissatisfied
4%
2%
14% 16%
25%
Undergraduate
REFERENCES
RESOLVING ISSUES
MOVING IN
in the rent
55%
24%
Postgraduate
60%
What are my options? 7
THINGS TO CHECK
in one building
• Good way to meet other students
• Individual contract for your •
Private halls are mostly selfcatered
• Students quite often have their • Rent is usually inclusive of bills and internet
higher than for shared flats and houses or for residences managed by your University social spaces and study spaces for residents
• Contracts usually last for 51
www.nationalcode.org
Is the hall in which you are interested still under construction?
• There is always a risk that the
building might not be ready for you to move in on the agreed move-in date
• It is advisable to ask the
management in advance about what contingency plans are in place in the event that construction work takes longer than expected
weeks, but shorter contracts are sometimes available
REFERENCES
You can browse through listing of private halls of residence on our website: www.housing.london.ac.uk
RESOLVING ISSUES
• It is common for there to be
• Full details can be found at
MOVING IN
• Overall cost is generally
benchmark standards that tenants can expect from their private hall of residence
VIEWING
own en-suite bathroom and share a communal kitchen with other students in a ‘cluster flat’
• The ANUK Code sets
LOOKING
room
Is the hall a member of the ANUK Code of Standards for Larger Developments?
MY OPTIONS
• Lots of students living together
INFORMATION
PRIVATE HALLS OF RESIDENCE
STUDENT ACCOMMODATION @ FANTASTIC LOCATIONS ACROSS LONDON
THE CURVE From £199 per week Zone 1 location
From £182 per week
From £242 per week
From £140 per week
CRM IS YOUR COMMUNITY
All inclusive utility bills
FREE WiFi throughout
Bathrooms cleaned weekly
All inclusive utility bills
High speed WiFi
Roof terrace & landscaped gardens
FREE WiFi throughout
Excellent communal spaces
www.crm-students.com/parisgardens
FELDA WEMBLEY Short walk from the Stadium
Fantastic communal areas & gym
www.crm-students.com/thearcade
PARIS GARDENS Prime SE1 location
FREE high speed WiFi
www.crm-students.com/thecurve
THE ARCADE Zone 2 location
All inclusive utility bills
All inclusive utility bills
www.crm-students.com/wembley
CRM-STUDENTS.COM
What are my options? 9
Landlord’s own home
• Owner-occupied properties
are generally kept in a better state of repair than other rented accommodation
• Resident Landlords can be
of all ages, from a variety of backgrounds
• There might be certain ‘house-
duration or flexible
rules’ which restrict your freedom and independence
• Can sometimes be a cost
effective way of living in quite central locations in the rent
• You have your own
• Many private halls offer studio rooms
might miss out on the social advantages of living with other students
• If living as a couple,
you might feel the strain of both living in a confined space with just each other’s company
REFERENCES
bathroom and kitchen facilities
• If living alone, you
RESOLVING ISSUES
option, offering greater freedom and independence
MOVING IN
• A more private housing
STUDIOS & ONEBEDROOM FLATS
VIEWING
• Bills might be included
LOOKING
• Contracts might be for a fixed
MY OPTIONS
• Renting a bedroom in the
INFORMATION
LIVING WITH A RESIDENT LANDLORD
Think carefully about who you might choose to live within in shared accommodation. Your closest friends might not necessarily make the best flatmates and it is not uncommon for friendships to turn sour over quite trivial household topics such as noise, cleaning and bills. Before committing to a flat or house, everyone in the group should have a frank discussion together about your wants, needs and expectations of each other as flatmates.
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
MY OPTIONS
CHOOSING YOUR FLATMATES
LOOKING
INFORMATION
10 What are my options?
THINGS TO THINK ABOUT AND DISCUSS WITH FUTURE HOUSEMATES INCLUDE:
Disposable income – Once rent, bills and other essentials are accounted for, will one flatmate be struggling financially whilst the others can afford to go out regularly? This can sometimes lead to tension. See page 22 for more information on budgeting
Cleaning – what is ‘acceptable’ to you in terms of cleanliness and tidiness? Will you set-up a cleaning rota and all pitch in, or will cleaning be more of an ‘as and when’ (or never…) task?
What are my options? 11 INFORMATION MY OPTIONS
what you had agreed regarding contributions to bills and cleaning duties later on in the tenancy.
LOOKING
Why not try putting things in writing in a ‘Housemate Agreement’? It might help avoid any misunderstandings over
VIEWING
Timetables – are you an early riser or a night-owl? Will your housemates be up and about while you are trying to sleep?
Contract start and end dates – do you all need the accommodation for the same length of time? Will someone need to leave part-way through the year for an elective placement or semester abroad?
REFERENCES
Guests – are you expecting to have your partner stay over regularly? Will there be an agreed ‘limit’ on guests, after which your more frequent visitors are asked to contribute to a share of the bills?
RESOLVING ISSUES
Pets – this should be agreed to by your flatmates as well as your landlord or agent. Are your flatmates happy to take care of your pet if you go away for a few days?
MOVING IN
Noise – do you study mostly at home or in the library? Will you need a quiet living environment or are you looking for a sociable home-life?
What are my options? 13
Because demand for larger properties is much greater than supply, unscrupulous Landlords can sometimes get away with charging higher rents for relatively poor quality housing. Landlords of larger properties will sometimes need a licence from the Local Authority.
RESOLVING ISSUES
See page 56 to find out more about licensing.
MOVING IN
Where a property is for 5 or more unrelated tenants and consists of 3 or more storeys it is a legal requirement that the landlord or managing agent has an HMO licence.
VIEWING
A group size of 3-4 is usually optimum.
It can be quite hard to find properties for five or more people in central locations.
LOOKING
The rent for a two-bed flat will generally be more expensive ‘per room’ than a four-bed property in the same location and of a similar quality.
POTENTIAL PITFALLS OF LARGER GROUPS
MY OPTIONS
GENERALLY: THE LARGER THE HOUSEHOLD, THE CHEAPER THE RENT WILL BE PER ROOM.
INFORMATION
HOW MANY PEOPLE SHOULD YOU LIVE WITH?
REFERENCES
REFERENCES
Our annual Housing Fair takes place around early May each year and this is the date on which we release the first lists of accommodation offers from our registered Landlords and Letting Agents. Rooms in private halls of residence are often advertised earlier in the year as well.
JAN SOME PRIVATE HALLS BEGIN TO ADVERTISE ROOMS FROM ABOUT NOW
APRIL
MARCH
FEBRUARY
Properties for the next academic year begin to be advertised on the University of London Housing Services database from the preceding May.
JANUARY
LOOKING
Therefore, it is not generally possible to search for accommodation during January– April if you do not plan to move-in until August or September.
RESOLVING ISSUES
Private flats and houses in London are usually advertised no more than 1-2 months before they are available for you to move in.
VIEWING
WHEN TO START LOOKING FOR ACCOMMODATION
MOVING IN
MY OPTIONS
INFORMATION
14 What are my options?
What are my options? 15 MAY SEP/OCT START OF THE ACADEMIC YEAR
OCTOBER
SEPTEMBER
AUGUST
JULY
www.housing.london.ac.uk
All accommodation providers listed on our database sign-up to our Code of Good Practice.
For further details on Student Homes and Halls of Residence offered by the University of London, have a look at the University of London’s Accommodation Guide. http://studenthomes.london.ac.uk www.halls.london.ac.uk
REFERENCES
You can search for flats, houses and rooms by price, location and distance from your campus.
UNIVERSITY MANAGED ACCOMMODATION
RESOLVING ISSUES
Students and staff at our subscribing Colleges can register to use our online property database.
You can have confidence that any issues or complaints you bring to our attention will be fully investigated.
MOVING IN
ULHS DATABASE
VIEWING
WHERE TO LOOK
LOOKING
JUNE
LARGEST NUMBER OF PRIVATE RENTED PROPERTIES BEING ADVERTISED
MY OPTIONS
MAY
AUG/SEP
INFORMATION
HOUSING FAIR: RELEASE OF FIRST LISTS OF HOUSING FROM OUR REGISTERED LANDLORDS AND LETTING AGENTS
This is Your Place. The perfect place to call home in one of the World’s greatest cities Some of the best value student studios in London Studios from only £240/week all inclusive Why Ravenscourt should be Your Place: D Contemporary single, double and D On site management team
committed to student satisfaction
accessible studios
D Large beds and ample storage D Within walking distance of four major tube lines D Limited Skyline studios with amazing views of London
D Convenient central location D Next to the beautiful 13 hectare Ravenscourt Park D Great communal spaces and outdoor courtyard area
Find out why our students love DIGS: Ravenscourt, 3 Paddenswick Rd, London, W6 0BY 020 856 38809 ravenscourt@digstudent.co.uk www.digstudent.co.uk/ravenscourt
5 mins
Ravenscourt Park
Hammersmith
10 mins
/digsstudent
@digs_student
@digs_student
digstudent.co.uk/blog
What are my options? 17
www.housing.london.ac.uk
• The Property Ombudsman • Ombudsman Services:
www.ombudsman-services. org/property.html
ARLA – Association for Residential Letting Agents www.arla.co.uk NALS – National Approved Letting Scheme www.nalscheme.co.uk RICS – Royal Institute for Chartered Surveyors www.rics.org/uk
REFERENCES
www.tpos.co.uk
Some of the well-known accreditation schemes include:
RESOLVING ISSUES
If you have a complaint about your letting agent that you are unable to resolve directly, you may refer the matter to the redress scheme. The three redress schemes are:
Accredited agents subscribe voluntarily to additional rules and standards above the legal minimum and you should expect a higher level of service
MOVING IN
Independent Redress Schemes By law, every letting agent and property manager should be a member of a redress scheme.
Accreditation Schemes We recommend that you only deal with agents that are members of an accreditation scheme
VIEWING
Which agent should I use? You can find a list of the letting agents registered with the ULHS on our website: www.housing.london.ac.uk
www.theprs.co.uk
LOOKING
Letting Agents that have agreed to abide by the ULHS Code of Good Practice advertise their properties on our database
• The Property Redress Scheme
MY OPTIONS
Letting agents have access to a large number of private rented properties.
INFORMATION
LETTING AGENTS
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
18 What are my options?
WEBSITES IN ADDITION TO THE ULHS DATABASE, THERE ARE MANY OTHER WEBSITES ON WHICH PROPERTIES ARE ADVERTISED. Letting agents often advertise on the following sites:
• www.onthemarket.com • www.rightmove.co.uk • www.zoopla.co.uk Properties on offer from both letting agents and private landlords are advertised on numerous websites, message-boards and social networks. Not all websites will perform checks on the properties being advertised or the people placing the adverts. Popular websites for looking for accommodation include:
• www.gumtree.com • www.spareroom.co.uk You should be aware that some offers of accommodation will not be genuine.
Scammers will often target students, particularly those who are new to London, asking for deposits on properties that do not exist. HOW DO I SPOT A SCAM?
• The price might be a lot lower than for similar properties in the area
• You may be asked to pay a
deposit before viewing the flat
• The advertiser might ask you
to ‘prove you have the funds’ to rent the property: you may be asked to transfer money to yourself or a friend via Western Union or another money transfer service
WARNING SIGNS
• Very low rent • Deposit before viewing • Money transfer services, such as Western Union
INFORMATION
WORD OF MOUTH Sometimes good rented properties aren’t openly advertised – instead the current tenants can put the Landlord or Agent in touch with friends or acquaintances that are looking for somewhere to live.
LOOKING
To make sure the place is right for you, questions to ask the current tenants are:
MY OPTIONS
RE O T SO HE UR R CE S
What are my options? 19
• How good is the Landlord at responding to repair issues?
A small proportion of rooms and properties are advertised in print. Local newspapers and magazines sometimes contain a room or property adverts under the ‘classifieds’ section. One example is Loot, which is published three times per week in London. It also has a website: www.loot.co.uk
Sometimes rooms and properties might be advertised informally on postcards or homeprinted adverts
REFERENCES
COMMUNITY NOTICEBOARDS & SHOP WINDOWS
RESOLVING ISSUES
CAUTION: Just because a room or property has been advertised on a University noticeboard does not mean that the accommodation has been vetted or approved by your University.
MOVING IN
NEWSPAPERS
VIEWING
• What are the neighbours like? • How much are the bills? • What is the local area like?
20 What are my options? INFORMATION
RENTS IN LONDON
MY OPTIONS
NW7
LOOKING
N4
N19
NW3
W13
W5
W3
NW8
W14
SW13 SW14
2
SW1 SE11 SW8
RESOLVING ISSUES
E1
3
SW18
SW12
SE2 SE10
SE14
SE3
SE15 SE4
SE22 SE21
SE13 SE12
SE23
SE6
SE26
SE27 SE19
SE18
SE7
SE8
SE24
SW16
SE28
E16
E14
SE17
SW2
E6
SE16
SW9
SW17
REFERENCES
EC 4
E13
E3
2
SE5
SW4
SW19
E15
E2
1
WC
SW11 SW15
E7 E9
SE1
W8
SW7 SW5 SW3 SW 10 SW6
W6 W4
E12
E5 E8
1
W1
W2
W11
W12
NW1
W9
W10
N16 N5
N7
NW5
E11 E10
N1
NW6
W7
VIEWING
N6
NW2
NW10
MOVING IN
N15
N8
NW11
E18
N17 E17
N2
NW4
N18
N22
N10
E4
N9
N13
N11
N12 N3
NW9
N21
N14
N20
SE20
SW20 SE25
Less than £100 £100-£114 £115-£139 £140-£174 £175+
SE9
What are my options? 21 SE22 East Dulwich SE23 Forest Hill SE24 Herne Hill SE25 South Norwood SE26 Sydenham SE27 West Norwood SE28 Thamesmead
W5 Ealing
E15 Stratford
SOUTH WEST
W10 North Kensington
E16 Canning Town
SW1 Victoria, Pimlico, Belgravia SW2 Brixton, Tulse Hill SW3 Chelsea SW4 Clapham SW5 Earls Court SW6 Fulham, Parsons Green SW7 South Kensington, Knightsbridge SW8 South Lambeth SW9 Stockwell SW10 West Brompton SW11 Battersea SW12 Balham SW13 Barnes SW14 East Sheen, Mortlake SW15 Putney, Roehampton SW16 Streatham SW17 Tooting SW18 Southfields, Wandsworth SW19 Wimbledon, Colliers Wood SW20 Raynes Park, West Wimbledon
W11 Notting Hill, Holland Park
E10 Leyton E11 Snaresbrook E12 Manor Park E13 Plaistow, West Ham E14 Poplar, Isle of Dogs
E17 Walthamstow E18 Woodford
SOUTH EAST SE1 Bermondsey, Lambeth SE2 Abbey Wood SE3 Kidbrooke, Blackheath SE4 Brockley
SE6 Catford, Bellingham SE7 Charlton SE8 Deptford
SE10 Greenwich SE11 Vauxhall, Oval, Kennington SE12 Lee
SE14 New Cross
EAST
SE15 Peckham, Southwark SE16 Rotherhithe SE17 Walworth SE18 Shooters Hill, Woolwich, Plumstead SE19 Norwood SE20 Penge SE21 Dulwich
W8 Kensington W9 Maida Vale, Warwick Avenue
W12 White City, Shepherds Bush W13 West Ealing W14 West Kensington
NORTH WEST NW1 Camden Town, Chalk Farm NW2 Dollis Hill, Willesden Green NW3 Hampstead, Belsize Park NW4 Hendon NW5 Kentish Town, Gospel Oak NW6 Kilburn, West Hampstead NW7 Mill Hill NW8 St John’s Wood NW9 Colindale NW10 Willesden, Harlesden, Kensal Green NW11 Brent Cross, Golders Green
WEST W1 West End, Soho, Mayfair W2 Bayswater, Paddington, W3 Acton W4 Turnham Green, Chiswick
CENTRAL EC1/3/4 City of London EC2 Barbican WC1 Bloomsbury WC2 The Strand, Holborn
REFERENCES
E1 Whitechapel, Mile End E2 Bethnal Green, Aldgate, Stepney E3 Bow E4 Chingford E5 Clapton E6 East Ham E7 Forest Gate
W7 Hanwell
RESOLVING ISSUES
SE13 Lewisham, Hither Green
Ravenscourt Park
MOVING IN
SE9 Mottingham, Eltham
VIEWING
SE5 Camberwell, Denmark Hill
W6 Hammersmith,
LOOKING
E9 Victoria Park, Homerton
MY OPTIONS
E8 Dalston
N1 Shoreditch, Islington N2 East Finchley N3 Finchley N4 Finsbury Park, Manor House N5 Arsenal, Drayton Park N6 Highgate N7 Tufnell Park, Holloway N8 Turnpike Lane N9 Lower Edmonton N10 Muswell Hill N11 Bounds Green, Frien Barnet N12 Woodside Park, North Finchley N13 Palmers Green N14 Southgate, Oakwood, Arnos Grove N15 South Tottenham, Seven Sisters N16 Stoke Newington, Stamford Hill N17 Tottenham N18 Upper Edmonton N19 Upper Holloway, Archway N20 Totteridge, Whetstone N21 Winchmore Hill N22 Wood Green East
INFORMATION
NORTH
BUDGETING & TIPS • Your
• Work out a budget online at • Budgets
• The
• Leave
housing costs will represent a significant part of your budget for each academic year table opposite is a guide based on average figures for housing costs
www.studentcalculator.org or www.themoneycharity. org/resources
some funds for emergency situations
• You will need to work out • Try the budget first to see • Account for the need to a budget for all of your expenses that takes account of your spending habits and standard of living
if it works – if it doesn’t, go back and readjust it
• If you overspend, don’t give
will help you spend within your means and avoid getting into problems with debt
pay a large rental deposit upfront rent before agreeing a tenancy
up! Go back, see where you may have miscalculated and see if additional savings can be made elsewhere
Preparing your own meals from scratch and buying non-branded products from supermarkets are both ways of saving money
TR
AN
SP
OR T
FO OD
RESOLVING ISSUES
MOVING IN
VIEWING
• Budgeting
REFERENCES
change from month to month: you will be spending more on books and equipment at the start of the academic year and more on gifts and transport over the holidays
STA BOO TIO KS NE & RY
LOOKING
MY OPTIONS
INFORMATION
22 What are my options?
See page 28 for further details on transport costs
What are my options? 23
Rent
£7,176.00
£138.00
Water (between 3)
£396.93
£2.54
Electricity (between 3)
£592.00
£3.79
Gas (between 3)
£752.00
£4.82
Broadband (between 3)
£168.00
£1.08
TV Licence (between 3)
£145.50
£0.93
Contents Insurance
£120.00
£2.31
TOTAL www.thameswater.co.uk www.gov.uk www.moneysavingexpert.com
www.tvlicensing.co.uk www.comparethemarket.com www.themoneycharity.org.uk
GO OU ING T
ES O T SE HE NT R IA L S
MO PH BIL ON E E
When going out keep track of what is for free at www.timeout.com/free & www.londonforfree.net
REFERENCES
(e.g.: toiletries, clothing, laundry costs)
RESOLVING ISSUES
Good deals can be found on price comparison sites www.moneysavingexpert.com & www.billmonitor.com
MOVING IN
Second-hand books are cheaper and Freshers’ Fairs and other events offer a plentiful supply of free stationery!
VIEWING
The above figures are based on data from the sources listed to the right:
£153.47
LOOKING
Per Person Per Week
MY OPTIONS
Annual Cost
INFORMATION
HOUSING COSTS
MY OPTIONS
INFORMATION
24 What are my options?
DO I NEED TO PAY COUNCIL TAX WHAT IS IT?
• A charge on residential
properties made by the councils (‘local authorities’)
VIEWING
LOOKING
DO STUDENTS HAVE TO PAY IT? If you live in a property occupied only by full-time students, the property is exempt from Council Tax.
• Full-time = 21 hours of
study per week; 24 weeks of attendance each year
WHAT IF I LIVE IN A MIXED GROUP OF STUDENTS AND NON-STUDENTS?
• If not everyone in the shared flat or house is a full-time student, then some Council Tax will be payable.
• It will be for the group of
flatmates to decide how the Council Tax bill be apportioned between them (as with any other household bill)
• However, full-time students
cannot be pursued directly for Council Tax by a local authority
REFERENCES
RESOLVING ISSUES
MOVING IN
You and your flatmates need to:
• Ask for a ‘Council Tax
Exemption Certificate’ or ‘Confirmation of Study Letter’ from your University
• Send these to the local
authority (keeping copies for yourselves as well)
In which local authority area do you live?
• Check online: www.gov.uk/find-your-local-council • Ask your Landlord or Letting Agent
What are my options? 25 INFORMATION MY OPTIONS
ALL FULL-TIME STUDENTS = FULL COUNCIL TAX EXEMPTION
welfare benefits under the terms of his or her leave to remain in the UK
The property will not be exempt if your non-student spouse, civil partner or any dependants living with you are EEA nationals, British citizens or have indefinite leave to enter or remain in the UK. SEEK ADVICE STRAIGHT AWAY IF:
2X FULL-TIME STUDENTS, 1X PART-TIME STUDENT, 1X NON-STUDENT = FULL COUNCIL TAX IS PAYABLE
• You receive a ‘reminder’, ‘final notice’ or ‘summons’ relating to Council Tax
• You think that your local authority are wrongly refusing to accept that your property is exempt from Council Tax
REFERENCES
RESOLVING ISSUES
ONE IS NOT A FULL-TIME STUDENT = 25% DISCOUNT ON COUNCIL TAX
• Not a British Citizen, and • Prevented from working or claiming
MOVING IN
If you are an international student on a full-time course of study, then your spouse, civil partner or dependent will also be treated as a full-time student for Council Tax purposes if he or she is:
VIEWING
INTERNATIONAL STUDENTS WITH SPOUSES AND/OR DEPENDANTS
LOOKING
4 PEOPLE 1 HOUSE
Looking 27 INFORMATION
LIVING IN LONDON
MY OPTIONS LOOKING
GETTING AROUND LONDON
MOVING IN
HOUSING FOR STUDENTS WITH DISABILITIES
VIEWING
HOUSING FOR STUDENTS WITH FAMILIES
SAFETY
RESOLVING ISSUES REFERENCES
VIEWING
LOOKING
MY OPTIONS
INFORMATION
28 Looking
GETTING AROUND LONDON WHEN YOU’RE SEARCHING FOR A PLACE TO LIVE, YOU WILL MOST LIKELY BE TRAVELLING QUITE A LOT BETWEEN VARIOUS APPOINTMENTS AND PROPERTY VIEWINGS.
REFERENCES
RESOLVING ISSUES
MOVING IN
TIPS any particular day, try to concentrate • On your appointments in the same area of London – this means you can devote more of your day to viewing properties, rather than sitting on the bus! enough time to get from one • Leave viewing to the next down on your travel costs by using an • Cut Oyster card or contactless payment card
London is a large city with lots of transport options available. Depending on your chosen mode of transportation, travel costs over the year might be significant.
TUBES, BUSES & TRAMS Think about how often you will be using the bus or tube over the year. It might work out cheaper to buy a 7 Day, Monthly or Annual Travelcard. 18+ Student Oyster photocards give students 30% off Travelcards and can be combined with 1625 National Railcards for further discounts. Bus & Tram Passes are a cheaper alternative and you can still get 30% off with your 18+ Student Oyster photocard. If you opt to ‘pay-as-you-go’, be aware that peak fares operate from 0630 to 0930 and 1600 to 1900 on weekdays. You might save money if you travel on the underground outside these times. www.tfl.gov.uk/students
Looking 29 Prices accurate at the time of printing (June 2015), although fares usually increase in January each year.
7-day
Monthly
Annual
£22.40
£86.10
£896.00
1–3
£26.30
£101.00
£1,052.00
1–4
£32.20
£123.70
£1,288.00
1–5
£38.28
£146.70
£1,528.00
1–6
£41.00
£157.50
£1,640.00
1–7
£44.50
£170.90
£1,780.00
1–8
£52.60
£202.00
£2,104.00
1–9
£58.30
£223.90
£2,332.00
Cycling is a great way to see London, get some exercise and move quickly around the city.
Only Black Cabs (with an orange light displaying the word ‘TAXI’) can be hailed by passengers from the street. They can also be found at designated taxi-ranks or by calling 0871 871 8710
If you are not keen on bringing a bicycle to London, you can hire one as and when needed from a Santander Cycles docking station. This costs as little as £2.
RESOLVING ISSUES
Text CAB to 60835 to request numbers of licensed minicab firms in your area.
MOVING IN
Visit www.tfl.gov.uk/cycling for details on Road Safety, Cycle Superhighways and Santander Cycles.
Minicabs must be booked in advance. If a minicab is not prebooked, it is unlicensed and you should not use it.
VIEWING
TAXIS & MINICABS
LOOKING
CYCLING
MY OPTIONS
1–2
INFORMATION
Zones
REFERENCES
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
30 Looking
SAFETY LIKE ALL LARGE METROPOLITAN CITIES, LONDON HAS ITS FAIR SHARE OF CRIME. There are no specific areas of London that the University of London Housing Services would warn students away from. Very rarely do we hear of students encountering problems when going to view properties. Below are some simple steps to improve your personal safety, as well as some safety considerations to bear in mind when viewing a property.
S
I M
P
Stay alert – wearing headphones or using your phone might distract you from your surroundings and make it difficult to spot trouble approaching Invest in a personal alarm Make sure you avoid danger spots – busy and well-lit streets are preferable to quiet or badly lit alleys, parks or pedestrian subways. Plan ahead – think not just about how you will get to your destination, but also how you plan to get home.
L
Listen to your instincts – if you feel threatened, head for a safe place where there are other people, such as a busy street, shop or café.
E
Ensure you take the same precautions wherever you are – whilst it is natural to feel comfortable and safe in your own neighbourhood, do not get complacent.
Looking 31
• Have a think about the route
• Go back to the area with some
friends after dark. Do you feel any less comfortable about the idea of living there? windows of the property. Do the external doors seem secure? Are the windows lockable?
• Lock your doors and windows before you go out
windows and out of sight
• Using an ultraviolet pen,
• Get contents insurance
Medical (non-emergency) 111 www.nhs.uk Crime Stoppers 0800 555 111 www.crimestoppers-uk.org Rape Crisis 0808 802 9999 www.rapecrisis.org.uk Drugs Advice 0300 123 6600 www.talktofrank.com Samaritans 08457 90 90 90 www.samaritans.org Nightline 0207 631 0101 www.nightline.org.uk
REFERENCES
and make sure it covers the value of all your belongings, especially the ones that are most valuable and essential to you
www.police.uk
RESOLVING ISSUES
mark your valuables with your name, post-code and student ID number. Draw-up lists of the make, model and serial numbers of your valuables as well.
101
MOVING IN
• Keep valuables away from
Police (non-emergency)
VIEWING
When living in a rented property:
999
LOOKING
• Look at the doors and
Police, Fire or Ambulance
MY OPTIONS
between the property and the nearest tube station or bus stop. Is it busy and well-lit? Is it quite dark and isolated?
EMERGENCY & USEFUL CONTACTS
INFORMATION
When inspecting a property, you should bear the following in mind:
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
32 Looking
HOUSING FOR STUDENTS WITH FAMILIES Family accommodation in London can be difficult to find. We advise that students should only bring their families to London once long-term accommodation has been found. Some student residences and housing associations can assist couples and those with children. However, places are limited so we advise getting in touch with these organisations as soon as possible.
International Hall
www.halls.london.ac.uk
Goodenough College
www.goodenough.ac.uk
International Students House
www.ish.org.uk
Nansen Village
www.nansenvillage.co.uk
Zebra Housing Association
www.zebrahousing.com
Ducane Housing Association
www.ducaneha.org.uk
The rest of the advice and guidance in this publication is equally applicable to students with and without families. Read on to find out more about looking for and living private rented accommodation.
Looking 33
See also: www.disabilityrightsuk. org/housing-links Disabled Students Helpline: 0800 328 5050 Email: students@disabilityrightsuk.org
RESOLVING ISSUES REFERENCES
Information about grants for making adaptations to your home can be found here: www.gov.uk/ disabled-facilities-grants
Disability Rights UK is the leading charity promoting the rights of disabled people: www.disabilityrightsuk.org
MOVING IN
Landlords have a duty to make ‘reasonable adjustments’ for disabled tenants. Landlords cannot charge a higher rent or a higher deposit for disabled tenants.
W: www.equalityadvisoryservice.com T: 0808 800 0082 Text phone: 0808 800 0084
VIEWING
Private landlords and letting agents are prohibited from providing less favourable treatment if you have a disability and are looking to rent accommodation.
The Equality Advisory & Support Service (EASS) can provide more details about disability rights in relation to private rented housing.
LOOKING
Many of the newly-built private halls of residence in London have rooms that meet the needs of disabled students. See page 7 for further details on private halls of residence.
MY OPTIONS
PROPERTIES THAT ARE WELLDESIGNED OR ADAPTED FOR THE NEEDS OF DISABLED RENTERS ARE DIFFICULT TO COME BY IN LONDON.
INFORMATION
HOUSING FOR STUDENTS WITH DISABILITIES
Viewing properties & signing contracts 35
LOOKING
INSPECTING A PROPERTY
VIEWING
NEGOTIATING
CHECKING OWNERSHIP OF A PROPERTY
DAMAGE DEPOSITS
MOVING IN
REFERENCES & GUARANTORS DOES YOUR LANDLORD NEED A LICENSE?
BREAK CLAUSES
RESOLVING ISSUES
CONTRACTS
MY OPTIONS
AGENCY FEES
INFORMATION
VIEWING PROPERTIES & SIGNING CONTRACTS
REFERENCES
INSPECTING A PROPERTY In order to avoid any nasty surprises when you move into a property, make sure you carry out a proper inspection before you pay any money or sign a contract. Remember: photographs are no substitute for walking into a property and having a good look around. Make sure everyone in your group visits the property.
T
S I L K C E H C Y T R E PROP
Roof and guttering: Any missing slates? Generally intact and in good order?
EXTERIOR
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
36 Viewing properties & signing contracts
Windows and doorframes: In good condition? Exterior walls: Any gaps or cracks? Rubbish disposal: Suitable area for rubbish storage? Local area: What is it like? Have you visited at night as well?
Viewing properties & signing contracts 37
Locks: Are they on all external doors and accessible windows? Chubb style lock on doors are recommended Evacuation route: Can you escape easily in the event of a fire? Can the doors be unlocked from the inside without a key?
Bedrooms: Is the mattress comfortable? Is there enough space for your belongings?
Gas appliances: Have you seen a valid Gas Safety Certificate? See page 70 for more information.
Furniture: Do you know which items of furniture belong to the landlord and will be at the property when you move in?
Electrics: Are there any exposed wires, loose or cracked switches or sockets? Any burn or scorch marks? If there will be 3 or more unrelated people sharing, have you seen an electrical safety certificate? Number of occupiers: If there are 5 or more of you sharing a property with 3 or more storeys, check that an HMO Licence is in place. See page 56 for more information.
RESOLVING ISSUES
Heating: Is it gas or electric? Are there enough heaters or radiators throughout the property? Do they work? Mould and damp: Any discoloured patches on walls or ceilings? Are there any musty smells?
Windows and doors: Do they close properly? Is there a draft?
Furniture: Do the items of soft furniture have fire safety tags on them, to show that they comply with the Furniture and Fire Regulations 1988?
REFERENCES
Pests: Any warning signs, such as rodent or insect traps in the kitchen?
VIEWING
Kitchen: Do the appliances work? Is there enough cupboard and fridge space for everyone?
MOVING IN
LOOKING
Walls: Any gaps or cracks? Is the sound insulation good enough between your rooms and between you and your neighbours?
Fire alarm/smoke detector: Is there at least one on each floor of the property?
MY OPTIONS
General condition: Is the property well looked-after? Is it clean and tidy enough for you to be able to inspect it thoroughly?
INFORMATION
INTERIOR
SAFETY FEATURES
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Viewing properties & signing contracts 39
repairs?) in a shared property: with how many people will you be sharing bathroom and kitchen facilities? how much are they likely to be?
• Are there any agency or
respond quickly when repairs are reported?
• What are the neighbours like?
• Is it a nice area to live in?
RESOLVING ISSUES
administration fees to pay and, if yes, how much?
• Does the landlord or agent
MOVING IN
• Are bills included? If not,
Remember: you are viewing a property that is someone’s current home, so be polite and not too intrusive.
VIEWING
• If you are renting a room
Sometimes you might meet the current tenants when going for a viewing. They are a useful source of information about the landlord, the property and the area.
LOOKING
(i.e. with whom will you deal during the tenancy and to whom should you report
MY OPTIONS
• Who manages the property?
QUESTIONS TO ASK THE CURRENT TENANTS
INFORMATION
QUESTIONS TO ASK THE LANDLORD OR AGENT
REFERENCES
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Viewing properties & signing contracts 41
prospective tenant
• Showing you properties or lists of properties
REFERENCES
There are no caps on letting agency charges in England. If an agency’s charges are not affordable, you are advised to seek accommodation through an alternative agency.
RESOLVING ISSUES
Any letting agent who fails to comply with this should be reported to the local Trading Standards body and, if prosecuted, could be fined up to £5,000.
MOVING IN
All letting agencies must display these fees in their office and on their website (if there is one). They must also explain whether these fees are per property or per individual and must be inclusive of VAT.
VIEWING
• Contract fee • Reference checking fee • Inventory check in/out fee • Administration fee
• Registering with them as a
LOOKING
These might include administration fees, credit or reference checks. The national average for letting agents’ fees in England is £350 per person. These fees may include any of the following:
An agency can only charge once you have found a property to rent through them. It is a criminal offence for an agency to charge for:
MY OPTIONS
MANY LETTING AGENTS WILL ASK TENANTS TO PAY CERTAIN FEES BEFORE AND DURING A TENANCY.
INFORMATION
AGENCY FEES
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
42 Viewing properties & signing contracts
HOLDING DEPOSITS ONCE YOU FIND A PROPERTY YOU LIKE THE NEXT STEP WOULD PROBABLY BE TO PAY A ‘HOLDING DEPOSIT’. This is an amount of money (usually 1-2 weeks’ rent) that you pay to show your interest and ‘make an offer’ to the landlord. Once a holding deposit is paid, the agency should stop marketing the property to others. Essentially you should be paying to get ‘first refusal’ on that particular flat or house. However, if the landlord is using multiple agents, these other agents are allowed to continue advertising the property. What if the landlord rejects my offer? Your holding deposit should be returned in full. What if I change my mind? We advise not paying a holding deposit unless you are sure that you want that property. You might lose some or all of the holding deposit if you decide to pull out. You should check the agency’s written terms before paying a
holding deposit to see how your money will be treated if you withdraw your offer. The landlord or agency may argue that some or all of the holding deposit should be withheld as they may have incurred costs (such as referencing fees) or suffered losses (such as having been unable to market the property to other tenants while it was being held for you). Isn’t this all a bit unfair? Holding deposits are controversial, both in principle and in practice. The tenant will lose money if they decide not to proceed but the landlord does not lose any money if they decide not to accept the tenant’s offer. This means that in pre-tenancy negotiations, landlords are under far less pressure to agree to tenant requests once a holding deposit has been paid.
Viewing properties & signing contracts 43 INFORMATION
Amount of holding de posit Address of the prope rty Proposed property
rent
for
the
Leng th of contr act Sta rt date of tenancy
The length of time tha t the landlord ha s to co nsider your offer
REFERENCES
The refund rules, should you withdraw your off er or your references fail
RESOLVING ISSUES
Any requests for the landlord e.g. pro fes siona l cleaning or to provid e extra furniture
MOVING IN
Try to avoid paying by cash where possible. Bank transfers, cheques or bankers’ draft is preferable, but most agents and landlords will insist on cash for initial payments.
A holding deposit receipt should include as a bare minimum:
VIEWING
TIP:
Always get a receipt for any money you pay.
LOOKING
If you do not feel that you can avoid it, you should make sure that the receipt for your deposit outlines all the core terms of the offer to the landlord and you should ask to see a draft of the proposed tenancy agreement before you pay any money. Ideally, also get this checked by one of our housing advisors.
CAUTION:
MY OPTIONS
WE ADVISE YOU NOT TO PAY A HOLDING DEPOSIT IF THIS CAN BE AVOIDED.
RESOLVING ISSUES REFERENCES
NEGOTIATING RENTS IN LONDON HAVE BEEN ON THE INCREASE IN RECENT YEARS. Although it is likely that rents will continue to increase, accurately predicting the market is an almost impossible task.
s e ge or pa r m on e n in S e 1 fo ti o t s -2 ma ren . e on 20 o r g f in e ra n d Lo av
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
44 Viewing properties & signing contracts
In a market where there is a high demand for private housing, negotiating on rents or agency fees can be difficult.
HOW DO I KNOW IF I AM PAYING A FAIR PRICE? Test the market: Visit as many properties as possible
• Compare rents for similar properties online
• Ask if the agency offers a discount on fees to students
You should also be prepared to bargain and indeed walk away from a deal if you do not feel entirely comfortable with it. You can also negotiate over things other than the rent, such as:
• Extra or replacement furniture • Redecoration or refurbishment before you move in
These things should be agreed in writing. It’s a good idea to set out any requests when you pay your holding deposit. These promises can be written into the holding deposit receipt or as an ‘Addendum’ to the tenancy agreement. If the landlord accepts your offer to rent the property, double-check that they have agreed to your additional requests as well.
Viewing properties & signing contracts 45 INFORMATION
• Vacuum cleaner
• Professionally clean property • Showerh ead to be repa ired • Bath seal ant to be repa ired
Joe Bloggs
Signed __________________ __ (Landlord)
RESOLVING ISSUES
• Desks to each bedroom
Schedule of work: MOVING IN
• Washing machine
VIEWING
Item s to be provided:
LOOKING
The attached tenancy agreement dated 20th September 2015 for the proper ty at 10 Walford Heights, London E20 0BC is being signed on the understanding that, prior to the start of the tenancy, the landlord will provide the following item s and will carry out the following schedule of wo rk.
MY OPTIONS
ADDENDUM TO CONTRACT
REFERENCES
2. Damage or disrepair 3. Cleaning
• You are sharing
accommodation with your landlord in their home as a lodger
• You and your landlord live in separate flats located in the same converted house
e p a ase h e g e re f o n r in 6 8 e r t f f pr d or or o ot ep m ec os at t i o it i o n n.
REFERENCES
RESOLVING ISSUES
MOVING IN
1. Unpaid rent
Your landlord does not need to protect your deposit if:
rt
At the end of the tenancy, the landlord or agent should return the damage deposit to the tenants. Landlords or agents can make reasonable deductions from damage deposits for:
Pl
It is usually payable before or at the time you sign the contract and is of an amount equivalent to 4-6 weeks’ rent.
If a damage/security deposit is paid in relation to an assured shorthold tenancy (AST) then the landlord is legally required to protect it in one of the three government authorised deposit protection schemes.
fu
A damage deposit (also referred to as a ‘security deposit’ or ‘tenancy deposit’) is money that the landlord or agent holds during the tenancy.
VIEWING
MY OPTIONS
DAMAGE DEPOSITS
LOOKING
INFORMATION
46 Viewing properties & signing contracts
Viewing properties & signing contracts 47
debit card
• Search using the full property address and postcode
• If there is a choice between ‘Leasehold’ and ‘Freehold’, you should purchase the ‘Leasehold’
• Where there is only ‘Freehold’
VIEWING
available, this is probably the document you need
MOVING IN
There have been cases in London of council or housing association tenants subletting their flats to students in order to benefit from the difference between social rents and market rents. If the council or housing association find out, you may find yourselves being evicted.
• A search costs £3 • Pay online using a credit or
LOOKING
Does the person with whom you are dealing have the right to let?
Use the Land Registry website to check property ownership details: www.landregistry.gov.uk
MY OPTIONS
WHO OWNS THE PROPERTY YOU ARE ABOUT TO RENT?
INFORMATION
CHECKING OWNERSHIP OF A PROPERTY
RESOLVING ISSUES REFERENCES
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
48 Viewing properties & signing contracts
REFERENCES & GUARANTORS A GOOD WAY TO GUARANTORS You will most likely be asked to IMPROVE YOUR provide a guarantor. A guarantor is someone who agrees to pay your BARGAINING rent and compensate the landlord for any damage caused at the POSITION WITH property if you, as the tenant, fail to do so. LANDLORDS IS A guarantor is usually required to: TO PERSUADE resident in the UK THEM THAT YOU • BeUndergo a reference check • ARE GOING TO For many students, a guarantor BE AN EXCELLENT might be a parent, guardian, other family member or family friend. TENANT. The best way to do this is to get references from previous landlords. If you do not have these, for example you are a first year student and have lived in halls during your first year, try to get the nearest thing you can. Most halls will provide a reference to state that you haven’t damaged your room and have paid your rent on time (provided this is true, of course).
Guarantor agreements are legally binding and, as with all such documents, it is a good idea to get the guarantor agreement checked with an advisor before it is signed. If you are entering into a joint tenancy, your guarantor will most likely be guaranteeing the rent for the whole property and not just your share of the rent.
Viewing properties & signing contracts 49 INFORMATION
• Limits their liability to just your share of the rent
period of time, i.e. the fixed term of the contract
• Limits the guarantee to only
University of London Student Homes
• University of London is your landlord
What if I don’t have a guarantor?
• The College or University at
which you are studying acts as your guarantor
• For more details, visit http://
studenthomes.london.ac.uk
REFERENCES
Some Colleges and Universities can act as a guarantor for their students – check with your College’s accommodation or advice & welfare service for further details.
RESOLVING ISSUES
College or University Guarantor Schemes
MOVING IN
If you are not able to offer a UKbased guarantor, you might be asked to pay rent in advance, e.g. 6 or 12 months. If this is the case, you will have less bargaining power if something goes wrong with the flat and you are trying to get the landlord to carry out repairs. You would also be vulnerable in the, albeit rare, event that a property is re-possessed due to a landlord defaulting on their mortgage payments (see page 85 for more details).
VIEWING
the rent and does not also include the costs of damage or disrepair
accept a larger deposit instead of advance rent – a deposit would usually be protected in a deposit protection scheme, giving you a greater degree of confidence that your money is safe (see page 68 for more details).
LOOKING
• Limits the guarantee to a set
• Ask if the landlord is willing to
MY OPTIONS
Where possible, it is better for your guarantor if the guarantor agreement:
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
50 Viewing properties & signing contracts
CONTRACTS There are many different types of contracts for accommodation. This chapter is intended to alert you to the most important points about contracts and is not intended as a substitute for getting your contract checked with a Housing Advisor before you sign it. You can book an appointment for a contract check by contacting the University of London Housing Services (ULHS) on: T: +44(0) 20 7862 8880 E: housing@london.ac.uk You should insist on a written contract between you and your landlord and this contract include:
• Your name, your landlord’s name and your landlord’s address
• The address of the rented property
• Start date of the contract • Length of the contract • How much rent you pay • When your rent is due • The amount of your deposit
• Whether any bills are included in the rent
• How much notice either you
or the landlord need to give to bring the contract to an end
Accommodation contracts can sometimes be long and complex. It is recommended that you:
• Read the contract • Check that it is accurate and includes everything that you have discussed with the landlord or agent
• Take it away to get it checked by a Housing Advisor
Never sign a contract with which you do not agree or that you do not understand.
Viewing properties & signing contracts 51 INFORMATION
The most common type of contract for students renting in the private sector is an ‘assured shorthold tenancy’ (AST). If you share kitchen or bathroom facilities with your landlord then you would not have an AST.
If a group of you are renting a property together and you are all named on a single contract then you will have a joint tenancy.
Features of an AST include: landlord cannot come into your home without your permission
•
• Security of tenure – your
• Protection from eviction –
• Notice period – the landlord
needs to give at least two months’ written notice in order to end the tenancy
Please see page 86 for further details on this.
REFERENCES
your landlord will need a court order before you can be evicted from your home
WHAT IF ONE PERSON WANTS TO MOVE OUT EARLY?
RESOLVING ISSUES
right to stay in the property is protected for the length of the contract, which is usually for a minimum of 6 months
Being joint tenants means that all or any one of you can be held liable for the full rent and full cost of any damage to the property. If one joint tenant stops paying their rent, the landlord can ask the others to make up the shortfall.
MOVING IN
Tenancy deposit protection – your landlord needs to protect your deposit
VIEWING
• Exclusive possession – your
As joint tenants, you will most likely have ‘exclusive possession’ of the whole property. This means that the landlord cannot enter through the front door without your permission and without having given reasonable notice.
LOOKING
JOINT TENANCIES
MY OPTIONS
ASSURED SHORTHOLD TENANCY
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
52 Viewing properties & signing contracts
INDIVIDUAL TENANCIES If a group of you are living in a property together, but you want to avoid signing a joint tenancy, you could try and negotiate individual tenancies of your rooms. An individual tenancy can be different from a joint tenancy because:
• You are only liable for the rent for your room
• If a housemate does not pay their rent, the landlord will not be able to ask you to contribute extra
However, you may still have joint responsibility for bills and the condition of the common areas. If one tenant moves out, you will not have any say over who the new tenant will be. Additionally, individual tenancies only provide exclusive possession of your individual room. This means that the landlord does not always need your permission to enter the flat and common areas.
Viewing properties & signing contracts 53
There are no exact rules about what is ‘reasonable notice’ but some relevant factors are:
• The length of time you have been living there
• The length of time between rent payments
wishes you to leave
REFERENCES
• The reason why the landlord
RESOLVING ISSUES
For example, you might not have ‘exclusive possession’ of the property. This means that the landlord could let him or herself into your room without needing to give notice.
If your contract does not have a minimum length or include a notice period then you or the landlord may be able to end the agreement by giving ‘reasonable notice’.
MOVING IN
If you live in the same flat or house as your landlord, then you have fewer rights than if you rented a self-contained property.
You might not have ‘protection from eviction’, meaning that the landlord would not need to get a court order to be able to evict you.
VIEWING
LIVING WITH A RESIDENT LANDLORD
There might be a shorter notice period before your landlord can require you to leave.
LOOKING
YOUR CONTRACT MIGHT BE A ‘BARE CONTRACTUAL TENANCY’ OR A ‘LICENCE’.
Your deposit will not need to be protected in a deposit protection scheme.
MY OPTIONS
You will have a different type of contract if you share bathroom or kitchen facilities with your landlord or if you and the landlord both live in separate flats in the same converted house.
INFORMATION
OTHER TYPES OF CONTRACT
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Viewing properties & signing contracts 55
• A break clause gives the
landlord the right to end the tenancy early as well
• Seek advice on the wording
of a break clause before you agree to it:
ooMake sure you know what
LOOKING
you need to do to use the break clause
ooCheck that it cannot be used by a landlord to end the contract during your revision or exam period
VIEWING
ooIf it is imbalanced and gives the landlord greater rights and more flexibility than you, it might be unfair
REFERENCES
“The Landlord or Tenant may give 2 month s’ prior written notice at any time to terminate this agreement provided that such notice does not exp ire sooner than nine month s from the start of the ten ancy.”
RESOLVING ISSUES
AN EXAMPLE OF A BREAK CLAUSE:
MOVING IN
If you have a joint tenancy, then all tenants must give notice jointly under the break clause in order to bring the tenancy to an end. It is not possible for just one joint tenant to exercise the break clause and move out whilst the other tenants remain.
CAUTION:
MY OPTIONS
Often, landlords and agencies will insist that you sign a 12-month tenancy agreement. However, most undergraduates at Colleges and Universities study from September to June. You might therefore be signing an agreement for longer than you need. Having a break clause in your contract could allow you to end your agreement sooner than 12 months after its start date.
INFORMATION
BREAK CLAUSES
MY OPTIONS
INFORMATION
56 Viewing properties & signing contracts
DOES YOUR LANDLORD NEED A LICENCE? Does your rented flat or house accommodate 5 or more people over 3 or more storeys?
LOOKING
If yes, then it probably requires an HMO Licence.
• HMO stands for ‘House in Multiple Occupation’
• The licence should be held
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
by the landlord or person managing the property
• A licence lasts for up to 5 years • Check with the local authority’s Environmental Health department to see if a licence has been obtained
IS LICENSING IMPORTANT? Licensing is important as it helps maintain quality and safety standards in private rented accommodation. Properties that do not meet the required standards for safety and amenities (i.e.: whether the bathroom or kitchen facilities are adequate for the number of people living there) will not be granted a licence.
WARNING SIGNS
• If you ask about licensing and the landlord or agent seems evasive or does not know the answer, seek advice
• DO NOT agree to sign a
contract unless ALL the intended occupants are named on it
Viewing properties & signing contracts 57
A number of local authority areas in London have introduced or are proposing to introduce additional or selective licensing.
LOOKING
Contact the relevant local authority for details or seek advice from a Housing Advisor if you are unsure.
VIEWING
Additional licensing is the licensing of other types of HMO. A local authority might require all HMOs to be licensed. It may be that any rented property is licensable, regardless of the number of storeys, if it is occupied by 3 or more unrelated people sharing basic facilities, such as a kitchen or a bathroom.
Selective licensing does not specifically relate to HMOs, but will require that all privately rented properties within a specified area be licensed.”
MY OPTIONS
On top of the mandatory HMO licensing required for 3 storey properties with 5 or more tenants, some local authorities have introduced ‘additional’ or ‘selective’ licensing.
INFORMATION
OTHER TYPES OF LICENSING?
PENALTIES FOR LANDLORDS
License-holders who do not comply with the conditions of a licence can face fines of up to £5,000 and have their licences revoked.
RESOLVING ISSUES
There is a maximum fine of £20,000.
MOVING IN
Landlords or agents who require a licence but do not have one are committing a criminal offence.
REFERENCES
Keeping you connected to Virgin Media... Great News! Your University has partnered up with one of the biggest brands in Britain – Virgin Media – in order to offer exclusive deals on award winning Broadband and TV services. Once you have found your new home, simply call the Virgin Media Home movers team on 0141 5348715 quoting special promotion code 72001 and Virgin Media will give you the exclusive £35 credit and 9 month contract student deal.
STUDENT
DEAL
Moving in 59
INVENTORIES
FIRE HOME SAFETY CHECKS
MY OPTIONS
UTILITIES
INFORMATION
MOVING IN
LOOKING
COUNCIL TAX
RESOLVING ISSUES
ELECTIRICAL SAFETY
GAS SAFETY
MOVING IN
DEPOSIT PROTECTION
INSURANCE
VIEWING
TV LICENCING
REFERENCES
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
60 Moving in
INVENTORIES An inventory is a written record of all the rooms, furniture and other items provided by your landlord. It should accurately describe the condition of the property and its contents and include comments about the standard of cleanliness and whether individual items are new, worn, old or damaged. A detailed inventory will also contain photographs of the property to illustrate its condition. AT CHECK-IN When you first move-in to a property, you might carry out an inventory with the landlord or agent. Sometimes an independent inventory clerk will carry out the inventory. Ask to see a copy of the inventory report. Check the inventory report to see if there are any mistakes or omissions. If there are, let the landlord or agent know in writing (providing additional photographs where relevant) as soon as possible.
Your contract may give you a limited amount of time in which to do this, so check your contract to avoid missing the deadline. DOES AN INVENTORY COST ANYTHING? Costs of an inventory check are usually split between the landlord and tenant. Either both parties pay half the total cost or one party pays for the check-in and the other party pays for the check-out. The landlord or agent should make it clear from the outset what fees are payable and how much they might be. Please see page 41 for further details on fees. WHAT IF THE LANDLORD DOESN’T WANT TO DO AN INVENTORY? If the landlord or agent shows no interest in carrying out an inventory or does not provide you with a copy, you should write one yourself. Send a copy to the landlord or agent, along with dated photographs, as soon as possible after you move in and ask them to confirm receipt of it.
Moving in 61
It is the responsibility of the tenant to return the property to the landlord at the end of the tenancy in the same state of cleanliness and condition as it was in at the start, less fair wear and tear. Check your contract to see if you have agreed anything else. If any repairs or extra cleaning are required, the landlord will want to deduct the costs from your deposit.
The check-out inventory is compared with the check-in inventory and used by the landlord or agent to determine:
• If additional cleaning is required
• If any damage or deterioration, beyond fair wear and tear, has occurred during the tenancy
MOVING IN
An inventory should also be carried out at the end of the tenancy.
VIEWING
DEPOSIT DEDUCTIONS
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AT CHECK-OUT
MY OPTIONS
You might need to prove that the inventory and the photographs you provide are an accurate representation of the proper ty at a certain point in time. One way of doing this is to take a close-up photograph of that day’s newspa per (showing the main headline and the date) and then have this newspa per visible in your photographs of the proper ty.
INFORMATION
WHY ‘DATED’ PHOTOGRAPHS?
If the check-out inventory is scheduled to take place in your absence, make sure you carry out your own inventory and take dated photographs while you still have access to the property.
RESOLVING ISSUES
It is also recommended that an inventory is carried out if there is a change of tenant mid-way through a tenancy.
REFERENCES
VIEWING
LOOKING
MY OPTIONS
INFORMATION
62 Moving in
REMEMBER:
• There is an allowance for ‘fair wear and tear’
ooSomething that is brand new at the start of the tenancy (i.e.: a wardrobe) might not look as perfect after a 12 month tenancy. As long as any marks or scratches are attributable to normal everyday use, then there should be no deduction from the deposit.
• The landlord cannot
REFERENCES
RESOLVING ISSUES
MOVING IN
automatically charge you for the full cost of a brand new replacement item.
ooIf a carpet is 5 years old at the start of your tenancy, but is subsequently damaged and requires replacement at the end of the tenancy, you would only be liable for a proportionate amount of the cost of a brand new replacement carpet. This factors in that a landlord cannot make deductions from a deposit in order to ‘improve’ the property.
If there is a dispute between you and your landlord as to what, if anything should be deducted from the deposit at the end of your tenancy, then the inventories are likely to be used as evidence in resolving the matter. See page 88 for further information on getting your deposit back.
Moving in 63
GAS, ELECTRICITY AND WATER
• Ask your landlord or agent
• Take meter readings on the • Contact the suppliers and
Water is not always metered, so you might instead be billed an estimated amount based on the number of people living at the property.
RESOLVING ISSUES
provide the meter readings along with your names and bank details for payment
When you move out, you will need to contact the utility companies and close your accounts. This is done by providing final meter readings and paying any outstanding balance (or claiming a refund, if you are in credit). Ask for copies of the final bills to be sent to you by email or to your new address.
MOVING IN
day you move in (or check the inventory to see if they are recorded here)
MOVING OUT
VIEWING
to confirm who the current suppliers are
You might be able to save money by switching your supplier. Check your tenancy agreement to see if there are any rules about this – you might need the landlord or agents permission, or you might be required to switch back to the original supplier at the end of your tenancy.
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This is usually a simple process.
SWITCHING SUPPLIERS
MY OPTIONS
If you are responsible for paying the bills (such as gas, water and electricity), then you will need to arrange for the accounts for the supply of these ‘utilities’ to be transferred into your names.
INFORMATION
UTILITIES
REFERENCES
FIND YOUR PERFECT HOME Choose from a range of student flats, in fantastic locations across London.
unite-students.com 0300 303 8653
Terms and conditions apply. Visit unite-students.com/legal-booking for full details. Images and photography are representative of accommodation only. All information correct as at 8 June 2015.
Moving in 65
RESOLVING ISSUES REFERENCES
You can find out the local authority for your property by asking the landlord or agent or searching online: www.gov.uk/find-your-local-council
MOVING IN
You will usually receive confirmation in the form of an amended Council Tax bill. If you do not hear anything, or if you receive further reminders asking you to pay Council Tax, get in touch with the local authority immediately.
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Find out the correct office or address to which these documents should be sent. Some local authorities allow you to submit these documents online or via email.
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IF YOU ARE ENTITLED TO ANY EXEMPTION OR DISCOUNT, IT IS YOUR RESPONSIBILITY TO SORT OUT THE RELEVANT PAPERWORK AND INFORM THE LOCAL AUTHORITY.
If you are claiming an exemption because the property is occupied solely by full-time students, then all tenants will need to contact their College or University to get a ‘Confirmation of Study Letter’ or other document confirming fulltime student status.
MY OPTIONS
You can find information on who is and is not liable to pay council tax on pages 24-25.
INFORMATION
COUNCIL TAX
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
66 Moving in
TV LICENCING Getting caught without a TV licence means you could face prosecution and a fine of up to £1,000, so it’s a good idea to get one. A colour TV Licence costs £145.50; a black and white licence is £49.00.
shared by all, then only one TV licence is required (a joint tenancy agreement would usually be evidence that the house is a single licensable place for this purpose – see joint tenancies on pages 5053).
The following are the rules regarding payment. You will have to pay for a licence, if you are sharing a house with other students and use a TV in your room, and your room is a separately occupied place (a separate tenancy agreement would normally indicate that this is the case – see joint tenancies on pages 50-53).
The easiest way to pay and get any clarification of these rules is to go through the TV licensing website: www.tvlicensing.co.uk
If you have an individual tenancy agreement but a television is only being used in a communal area, then only one licence is required. If you are sharing a house with other students and you use a TV in your own room but the house can be treated as one place
If you have bought a TV licence for the year and return home for the summer don’t forget to contact TV Licensing for a refund.
Moving in 67 INFORMATION
INSURANCE If you were to add up the cost of replacing all of your belongings, you might be surprised at the result.
Your belongings might already be covered by a policy linked to your family home. Sometimes insurance is packaged with bank accounts or credit cards, so check with your providers to see if this is a the case.
WHAT SORT OF INSURANCE WOULD I NEED?
Websites that allow you to compare prices between different providers are useful: www.moneysavingexpert.com www.moneysupermarket.com www.confused.com www.comparethemarket.com
MOVING IN
‘Contents’ insurance would cover your belongings. You do not need an insurance policy that insures the building itself, as this is the landlord’s responsibility.
WHERE CAN I GET INSURANCE?
VIEWING
If there is a fire, flood, theft or otherwise at your home, it is essential to get yourself back on your feet as soon as possible. Your insurance company should replace or compensate for your lost items fairly speedily.
LOOKING
DO I ALREADY HAVE INSURANCE?
MY OPTIONS
DO I NEED INSURANCE?
Check to see whether a policy also covers you against any accidental damage you cause to the landlord’s belongings.
RESOLVING ISSUES
Make sure that you get cover for the full replacement value of ALL your belongings, including things like phones and laptops.
REFERENCES
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
68 Moving in
DEPOSIT PROTECTION If you have an assured shorthold tenancy (AST), your damage deposit must be protected with one of three governmentauthorised deposit protection schemes. Your landlord or agent has 30 days from the date they receive the deposit in order to:
• Protect the deposit, and • Provide the ‘Prescribed
Information’ to you and any relevant person who paid or contributed to the deposit on your behalf.
DEPOSIT PROTECTION SCHEMES You can check to see if your deposit is protected via the websites or telephone numbers below: My Deposits: www.mydeposits.co.uk Tel: 0333 321 9401 DPS: www.depositprotection.com Tel: 0845 226 7837 or 01844 262 891 TDS: www.tds.gb.com Tel: 0330 303 0030 If you are not sure how your deposit has been protected, ask the landlord or agent. Get in touch with a Housing Advisor if you think that the landlord or agent has not protected your deposit on time or at all.
Moving in 69 INFORMATION
•
You have a potential claim against your landlord for a penalty payment of between 1-3 times the value of the deposit
•
Your landlord might not be able to serve a valid ‘section 21 notice’ on you in order bring your tenancy to an end
protected
• How to get your deposit back at the end of the tenancy
• How to resolve disputes over the return of the deposit
The exact requirements of the ‘Prescribed Information’ are quite detailed and it is common for landlords and agent to get it wrong.
REFERENCES
Keep all paperwork, certificates and reference numbers that relate to your deposit. You may be provided with information by both the landlord and the scheme that you will need in order claim back your deposit or raise a dispute.
RESOLVING ISSUES
REMEMBER:
MOVING IN
The rules regarding deposit protection and the associated sanctions against landlords who fail to comply can be complex. Get in touch with a Housing Advisor to see if you have a potential claim and for advice on how to proceed.
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• How your deposit has been
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The purpose of the Prescribed Information is to let you know:
What happens if my deposit is not protected, is protected late or I am not given the correct Prescribed Information?
MY OPTIONS
PRESCRIBED INFORMATION
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
70 Moving in
GAS SAFETY Unsafe gas appliances produce a highly poisonous gas called carbon monoxide. Carbon monoxide is sometimes referred to as the silent killer. Every year in the UK, over 200 people go to hospital with suspected carbon monoxide poisoning, which leads to around 40 deaths. Your landlord must arrange for a Gas Safe registered engineer to carry out a safety check every year on all gas appliances in the property. By law, all gas appliances must be checked annually, e.g. even if there is no gas heating in a room let to a student, the fact that there is a gas boiler in the property still requires a landlord to provide a Gas Safety Certificate. You should get a copy of the safety certificate before you move in or within 28 days of the safety check. If you don’t have it, ask to see it.
Any work on a gas appliance must be carried out by a Gas Safe registered engineer. All registered engineers carry a Gas Safe ID card. Make sure you check both sides of the card to verify it’s valid and that the engineer is qualified to do the work. Recent high-profile prosecutions of landlords have highlighted the issue of tenant safety. Prosecution can result in the landlord facing a maximum penalty of £5,000 for each offence. If the case is then referred to the Crown Court the maximum penalty may be an unlimited fine and the possibility of imprisonment. For more information about Gas Safety, please visit: www.gassaferegister.co.uk
Moving in 71
• That the electrical installation
is safe when you move in and maintained in a safe condition throughout
To meet these requirements a landlord will need to regularly carry out basic safety checks to ensure that the electrical installation and appliances are safe and working.
They will advise you on any aspect of fire safety and help you devise an escape plan, if you do not already have one. They may also fit a free smoke detector, if it is required. For more information visit www.fireservice.co.uk/safety
RESOLVING ISSUES
You can arrange for the Fire and Rescue Service to carry out a Home Fire Risk Assessment, free of charge.
MOVING IN
FIRE HOME SAFETY CHECKS
VIEWING
Occupation (HMO) has a periodic inspection carried out on the property every five years. Please see page 56 to for further information on HMOs.
is safe and has at least the CE marking (which is the manufacturer’s claim that it meets all the requirements of European law).
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• That a House in Multiple
• That any appliance provided
MY OPTIONS
Landlords are required by law to ensure:
INFORMATION
ELECTRICAL SAFETY
REFERENCES
THERESE HOUSE
CENTRAL LONDON STUDENT LIVING
Zone 1 En-Suite rooms 1 minute to Tube 50mb Wifi and Broadband Studios and Shared flats
0207 253 7603
therese@touchstonecps.com www.touchstonestudentliving.co.uk
When things go wrong 73 INFORMATION
WHEN THINGS GO WRONG INFESTATIONS
MY OPTIONS
DAMP & MOULD REPAIRS
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NOISE AND NEIGHBOURS
LOOKING
INTRUSIVE LANDLORDS
MORTGAGE REPOSSESSIONS
LEAVING EARLY MOVING IN
GETTING YOUR DEPOSIT BACK WHEN YOU MOVE OUT
RESOLVING ISSUES
WHERE CAN I GO FOR HELP?
REFERENCES
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
74 When things go wrong
REPAIRS STEP 1 WHOSE RESPONSIBILITY IS IT? Your contract should set out who is responsible for different repairs or odd-jobs around your rented flat or house. The law also implies various duties on landlords to keep the property safe and in good repair. It is not always easy to determine exactly who is responsible for certain repairs. Your rights and responsibilities may vary depending on the type of letting agreement that is in place. Seek advice from a Housing Advisor if you are not sure about the situation in your rented flat or house.
LANDLORD’S RESPONSIBILITIES:
• In general: the big things! • Heating and hot water supply • Basins, sinks, baths and toilets • Structure of the property, windows, external doors, drains and gutters
• Gas appliances (boiler, cooker) • Fixed electrical installations (wiring, electrical sockets and fittings)
TENANT’S RESPONSIBILITIES:
• Report repair issues to the
landlord or managing agent
• Change light bulbs • Test smoke alarms periodically, and changing the batteries if required
• Keep the property (and the
garden, if there is one) clean and in good order
When things go wrong 75 INFORMATION
SAMPLE EMAIL
• In writing – a simple email is best
telephone or in person, followup with an email to confirm what you discussed
• Report the details that are ooWhat has stopped working? ooWhen did it stop working? ooIs it affecting anything else in
As agreed, we are hap py for you to give our mobile num bers to the engineer so we can arra nge a time for someone to come and fix it. Best wishes, Kate and Aisling
MOVING IN
the flat?
• Keep a record of any emails sent and received
and events, such as:
ooAppointments arranged for the landlord or an engineer to visit the property
ooAny diagnosis of the problem from an engineer
ooEstimates of how long it will take to fix the problem, order parts etc.
ooThe date on which problem is
REFERENCES
finally resolved
RESOLVING ISSUES
• Keep notes of relevant dates
VIEWING
relevant:
Following on from our telephone conversation earlier tod ay, this email is to confirm that the boiler stopped working yesterd ay – we noticed this when we cou ldn’t get any hot water last nigh t.
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• If you report something by
Dr Sewell
MY OPTIONS
STEP 2 REPORT IT!
STEP 3 FOLLOW-UP HOW LONG SHOULD IT TAKE FOR A PROBLEM TO BE FIXED?
WHAT IF THE PROBLEM DOES NOT GET FIXED?
• The law allows a reasonable
• If your landlord is not seeing
time for your landlord to resolve repair problems in your rented property
• What is ‘reasonable’ will
vary depending on the circumstances. If you think things are taking too long and are not sure of how to proceed, you should seek advice
RESOLVING ISSUES REFERENCES
to repairs within a reasonable time (or at all…) they may be in breach of the tenancy agreement. You may also have a claim against the landlord for compensation
• It might help to take a more
formal approach to the issue, such as:
ooWriting to the landlord again. There are some good sample letters on the Shelter website to help you with this
ooSeeking advice from a
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
76 When things go wrong
Housing Advisor. An advisor may be able to write to the landlord on your behalf For more detailed guidance on repairs, you can:
• Seek advice from a Housing Advisor at the University of London Housing Services
• Find out more about the
topic of repairs on the Shelter website: http://england.shelter.org.uk
ooContacting your local authority. They may be able to assist by putting pressure on the landlord to carry out the repairs
When things go wrong 77 INFORMATION
• It is rare for a repair problem
to be serious enough to allow you to walk away from the contract
• Most students in London
(otherwise known as a ‘month by month’ or ‘rolling’ contract),
WHO CAN CARRY OUT REPAIRS?
• If your landlord is responsible
• It is very risky for tenants to
for a repair, he or she is also responsible for ensuring it is carried out safely and by a suitably qualified engineer
take on repairs themselves, even if directly employing a contractor. You would be responsible for any defects in the work and will likely find it difficult to claim back from the landlord the money you have spent
• Always get the landlord’s
written permission before carrying out any work at the property
REFERENCES
• If you have a periodic tenancy
of your rights
RESOLVING ISSUES
have 12-month fixed term tenancies. A landlord cannot end a tenancy early just because you have reported a repair issue. If there is a break clause in your agreement, then it might be possible for the landlord to bring the contract to an end sooner than you had anticipated
• Seek advice if you are unsure
MOVING IN
CAN MY LANDLORD EVICT ME IF I REPORT REPAIRS?
laws are scheduled to come into force which will restrict a landlord’s ability to end a tenancy after tenants have reported certain repair issues
VIEWING
a right to end the tenancy automatically, it might be that you can negotiate an early termination (otherwise known as a ‘surrender’) of your tenancy with the landlord’s agreement. See pages 86-87 for further details on leaving early
• From Autumn 2015, new
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• Whilst you may not have
then your landlord may be able to end the tenancy by serving a section 21 notice
MY OPTIONS
CAN I MOVE OUT IF THE PROBLEMS DO NOT GET FIXED?
Musty smells in your property? Dark or discoloured patches on walls or ceilings? Evidence of mould growth? Damp and mould in itself is not ‘disrepair’, so figuring out the causes behind it is key to determining who might be responsible to sort it out. Unfortunately, determining the cause is often tricky.
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
MY OPTIONS
DAMP & MOULD
LOOKING
INFORMATION
78 When things go wrong
Damp and mould might be a result of:
• Condensation • Lack of insulation of the property
• Leaking pipes • Rain water coming in through cracks in the roof or external walls
• Blocked guttering or drains which are overflowing
• Water rising from the ground due to inadequate dampproofing
Things that tenants can do to tackle condensation and reduce the risk of mould growth include:
• Using extractor fans or
opening windows in the bathroom and kitchen
ooHow do I know if the extractor fan is working? Hold up a piece of paper to it – if the paper sticks, then it is working. If it is broken, report this to your landlord
• Wiping down any
condensation you see on windows or walls
• Keeping the property well
heated and ventilated, especially after taking a shower or when drying clothes indoors
When things go wrong 79 INFORMATION LOOKING
• Steps you have taken to tackle
MY OPTIONS
If you experience problems with damp or mould you should report it to your landlord. You might find that landlords or agents are quick to put the blame on the tenants and their use of the property as being the cause of the problem, so make sure you let them know: the condensation
• Size and location of any damp • Any changes or updates to the
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patches on walls or ceilings
situation, especially if it begins to get worse
MOVING IN RESOLVING ISSUES REFERENCES
MY OPTIONS
INFORMATION
80 When things go wrong
INFESTATIONS No one likes the idea of mice, rats or other pests in their home. If you identify a problem, you should concentrate on two main points:
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
HOW DO I GET RID OF THEM? Many local authorities will provide a service for treating rodent or insect problems through their Environmental Health departments. Some local authorities will help to tackle rat problems free of charge. Supermarkets and hardware stores usually sell traps or treatments to help tackle problems. Private pest control companies will generally be more effective at treating a problem than shopbought treatment methods, although are more costly.
HOW DO I STOP MORE OF THEM FROM COMING INTO MY HOME? What the landlord can do Blocking or filling in any holes or gaps through which mice or rats are gaining entry. If a hole in a wall or floor is a result of disrepair, then this is the landlord’s responsibility. What tenants can do Make sure the property is kept in a clean condition. Empty the rubbish bin regularly and do not leave food lying around. Report problems to the landlord as soon as they arise
When things go wrong 81 INFORMATION MY OPTIONS
Bedbugs are increasingly becoming a problem in large cities like London.
A delay in seeking advice might limit your options for resolving the situation.
RESOLVING ISSUES
Seek advice if you are unsure of where the responsibility lies.
You should seek advice straightaway if you move into a property that is infested with bed bugs.
MOVING IN
It can be difficult to determine who is responsible for getting rid of an infestation. Generally, if a problem is present from the start of the tenancy, it would be the responsibility of the landlord. However, if the problem only occurred after the tenants have been living there for a few months, it may be difficult to prove that they did not cause or contribute to the problem.
VIEWING
BED BUG WARNING
LOOKING
WHO IS RESPONSIBLE?
REFERENCES
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Female only residence
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When things go wrong 83
• Inspect the property from time to time during the tenancy
• Enter the property to carry out • Show prospective tenants
VIEWING
repairs
If you are living in the same home as your landlord, you do not have the same rights as a tenant in a self-contained property. However, if you are finding your landlord’s behaviour intrusive or overbearing you could still let them know how you feel. It might be that he or she did not realise how their behaviour was affecting you.
LOOKING
Your tenancy agreement is likely to allow the landlord or agent to:
RESIDENT LANDLORDS
MY OPTIONS
Your rented flat or house is your home. A landlord who does not live at the property with you has no right to let him or herself in without your permission.
INFORMATION
INTRUSIVE LANDLORDS
or purchasers around the property
RESOLVING ISSUES
If the landlord or agent is not observing these rules, put your complaint to them in writing. If things do not improve, seek advice.
MOVING IN
You can usually insist on being given at least 24 hours’ advance notice of any visit to the property by the landlord or agent, except in emergency situations.
REFERENCES
When things go wrong 85
Noisy neighbours can make your life a misery.
• You should open and read
addressed ‘To The Landlord/ Homeowner’ to the landlord or agent as soon as possible
Seek advice straightaway if you find out that a bank or other party is going to court to get possession of your rented property.
REFERENCES
any post addressed ‘To The Occupier/Tenant’
RESOLVING ISSUES
Your landlord’s bank might take court action to get possession of the property, which could result in you being evicted.
The bank should write to you as tenants to let you know what they plan to do.
MOVING IN
If your landlord has a mortgage on the property, you may find yourself in difficulties if he or she fails to make the required mortgage repayments. This is relatively rare, but the consequences for you as tenants can be very disruptive.
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MORTGAGE REPOSESSIONS
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If talking does not get you anywhere, you should get in touch with the Noise Pollution or Environmental Health team at your local authority. The local authority
As difficult as a neighbour dispute might be, it does not give you the right to terminate your tenancy. Seek advice if you are unsure of how best to deal with a dispute with your neighbours.
MY OPTIONS
You can try to talk it over with your neighbours to see if you find a way forward that works for you all.
has a range of powers, including the confiscation of stereos and other noisy equipment.
INFORMATION
NOISE & NEIGHBOURS
• You should forward any post
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MY OPTIONS
INFORMATION
86 When things go wrong
LEAVING EARLY Most students in London will sign a fixed term contract, usually for 12 months. There is no implied right for a tenant to move out before the end of the contract. However, it is not uncommon for people’s circumstances to change and for a student to find him or herself needing to move out earlier than planned. There are a number of ways you can leave a property before the end of your contract:
REFERENCES
RESOLVING ISSUES
MOVING IN
BREAK CLAUSE
• A clause in your contract
allowing you or your landlord to serve notice to end the tenancy early
• If you are a joint tenant, you
would all need to give notice and move out together to take advantage of a break clause
• Read the break clause
carefully – there are likely to be restrictions on when notice can be served or how soon you can end the tenancy
• The break clause might allow
the contract to be ended partway through the academic year or exam period. Would you be happy if your landlord did this? ASSIGNMENT
• Finding a replacement tenant
(also known as ‘transferring the tenancy’) is a common way to move out early
• It is your responsibility to find
a replacement tenant, and your landlord (and flatmates) need to agree in writing to an assignment
• Your landlord cannot
‘unreasonably’ refuse to consent to an assignment and a term in the contract that says assignment is not allowed may be unfair
• Assignment must be agreed in writing by ‘Deed’
When things go wrong 87 INFORMATION
• This is where you remain
bound by the contract with your landlord, but you let the room to a sub-tenant take on the responsibilities of a landlord and remain liable to your landlord for any damage caused to the property by your sub-tenant consent of your landlord and your flatmates before subletting
• This is the legal term for where • Surrender must be agreed in writing by ‘Deed’
trading practices, such as an agent or landlord telling you something about the property that they know to be untrue, but which is a significant reason for you entering into the tenancy
ooFundamental breach or frustration of the contract, such as where the property becomes uninhabitable due to a fire or flood
• You should seek advice from a Housing Advisor to discuss your options before taking action.
RESOLVING ISSUES
a landlord and tenant mutually agree to bring the tenancy to an end
ooMisrepresentation or unfair
MOVING IN
SURRENDER
options for tenants to walk away from a tenancy with no further liability. These include:
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• You are advised to get the
• The law provides quite limited
LOOKING
• Sub-letting can be risky, as you
IS THERE REALLY NO WAY THAT I CAN JUST GIVE NOTICE AND MOVE OUT?
MY OPTIONS
SUB-LETTING
REFERENCES
LOOKING
MY OPTIONS
INFORMATION
88 When things go wrong
GETTING YOUR DEPOSIT BACK WHEN YOU MOVE OUT It is common for landlords and tenants to find themselves disagreeing over what, if anything, should be deducted from the tenants’ deposit once the tenancy has ended. It might be the case that your landlord or agent is:
• Unjustifiably withholding all or part of the deposit
• Denying responsibility for VIEWING
refunding the deposit
• Not responding to contact
from you regarding the deposit
REFERENCES
RESOLVING ISSUES
MOVING IN
STEP 1 – MY LANDLORD HAS NOT REFUNDED MY DEPOSIT
• Write to your landlord, asking for:
ooThe return of the deposit, and ooWritten reasons as to why it is being withheld
• Keep copies of any
communication you send or receive on the matter
STEP 2 – MY LANDLORD HAS NOT RESPONDED OR I AM NOT HAPPY WITH THE RESPONSE
• Seek advice as to how best to
proceed. There are a number of options available to you:
• Negotiating ooAn advisor can assist you in negotiating the return of your deposit and let you know what, if any, other claims you might have against the landlord
ooBased on the advice you receive, you might feel that meeting the landlord halfway and agreeing to some deductions is a reasonable compromise and allows you to resolve the matter fairly quickly
• Alternative Dispute Resolution (‘ADR’)
ooIf your deposit was protected in a deposit protection scheme (see pages 68-69 for details) you can ask the scheme’s ADR service to
When things go wrong 89 INFORMATION
• Taking court action
• You need to pay a fee in order to submit your claim
• A further fee is payable if the
matter progresses to a hearing.
• Be prepared to commit time
in preparing your claim and responding to correspondence within deadlines set by the court. You may also need to attend a hearing
VIEWING
and deductions from it – adjudicators cannot take account of other claims you might have against the landlord, such as claims for disrepair or other breaches of contract
A claim for the return of a deposit is likely to be for less than £10,000 and therefore a ‘small claim’.
LOOKING
ooADR only covers the deposit
SMALL CLAIMS IN THE COUNTY COURT
MY OPTIONS
resolve the matter. ADR is free and much quicker than going to court, but you only have 3 months after moving out of the property to make use of it
ooThe court system is complex,
submitting a court claim
RESOLVING ISSUES
ooAlways seek advice before
MOVING IN
but in some situations it is the only way to enforce your rights and get your money back
REFERENCES
ONLINE PROPERTY DATABASE
HOUSING ADVICE
CONTRACT CHECKS
STUDENT MESSAGEBOARD
HOUSING EVENTS
www.housing.london.ac.uk housing@london.ac.uk 020 7862 8880 @ULHS fb.com/UoLHousingServices
When things go wrong 91 INFORMATION
• A special court procedure applies
• The fees can be higher than • Seek advice on how to
• Using bailiffs • Freezing’ money in the
landlord’s bank account
• Having money deducted from the landlord’s wages
• Applying for a ‘charging order’
against the landlord’s property
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for a ‘small claim’
You would need to take further action in order to ‘enforce’ the judgement. This might involve:
LOOKING
If your landlord should have protected your tenancy deposit but did not do so, you have a claim against him or her for a penalty payment of between 1-3 times the amount of the deposit.
WHAT IF I WIN AND THE LANDLORD DOES NOT PAY?
MY OPTIONS
CLAIMING FOR A DEPOSIT PENALTY
proceed
REFERENCES
http://england.shelter.org.uk www.gov.uk/make-money-claimonline www.moneyclaim.gov.uk www.justice.gov.uk
RESOLVING ISSUES
Other useful resources on this topic can be found at:
MOVING IN
The ULHS can advise and assist students in negotiating the return of deposits and, where negotiations fail, taking court action.
The University of London Housing Services (ULHS) provides advice to students on all aspects of private rented accommodation. If you are looking for or living in private rented accommodation and need advice, you can get in touch with us via:
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MY OPTIONS
WHERE CAN I GO FOR HELP?
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INFORMATION
92 When things go wrong
www.housing.london.ac.uk 020 7862 8880 housing@london.ac.uk @ULHS fb.com/UoLHousingServices
MOVING IN
KEEN TO TACKLE THINGS YOURSELF? The Shelter website is full of useful tools:
• Check that your deposit is
REFERENCES
RESOLVING ISSUES
protected
• Template letters on disrepair and deposits
• A comprehensive guide to your rights
http://england.shelter.org.uk
LOOKING FOR SOMEONE TO TAKE OFFICIAL ACTION? Your Local Authority is likely to have many departments that can assist on housing issues, including:
• Environmental Health –
investigating standards and taking action
• Trading Standards – deal with unfair trading practices, such as hidden letting agency fees
• Tenancy Relations Officers
– assistance in cases of harassment or illegal eviction
www.gov.uk/find-your-local-council
When things go wrong 93 INFORMATION
Citizens Advice www.citizensadvice.org.uk
LOOKING
They have a great website filled with useful information and you can also use your local Citizens Advice bureau for face-to-face or telephone advice.
MY OPTIONS
OTHER ADVICE SERVICES:
Don’t forget!
MOVING IN RESOLVING ISSUES
Please note: there are many sources of advice available and each advisor might take a slightly different approach to any given situation. Acting upon potentially conflicting advice from multiple sources might be disadvantageous to you. Therefore, we recommend sticking with one advisor or source of advice on any given issue.
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Your College, University or Students’ Union might have an advice service that you can use.
REFERENCES
LOOKING
MY OPTIONS
INFORMATION
94 References
INDEX Accreditation Schemes . . . . . . . 17
Eviction . . . . . . . . . . . . . . . . . . . . . 77
Advice . . . . . . . . . . . . . . . . . . . . . . 92
Fire Safety . . . . . . . . . . . . . . . . . . 71
Agencies . . . . . . . . . . . . . . . . . . . 17
Flatmates . . . . . . . . . . . . . . . . . . . 10
Agency Fees . . . . . . . . . . . . . . . . 41
Gas Safety . . . . . . . . . . . . . . . . . . 70
Alternative Dispute
Guarantors . . . . . . . . . . . . . . . . . . 48
Resolution (ADR) . . . . . . . . . . . . . 88
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Average Rents . . . . . . . . . . . . . . . 20 Bills . . . . . . . . . . . . . . . . . . . . . 23, 63 Break Clauses . . . . . . . . . . . . . . . 55
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Budgeting . . . . . . . . . . . . . . . . . . 22 Checking ownership . . . . . . . . . 47
REFERENCES
RESOLVING ISSUES
Condensation . . . . . . . . . . . . . . . 78
Halls of Residence . . . . . . . . . . . . 7 Help & Advice . . . . . . . . . . . . . . . 92 HMO Licensing . . . . . . . . . . . 56, 57 Holding Deposits . . . . . . . . . . . . 42 Household Bills . . . . . . . . . . . 23, 63 Housemates . . . . . . . . . . . . . . . . 10
Contracts . . . . . . . . . . . . . . . . 50, 53
Housing Advice . . . . . . . . . . . . . . 92
Council Tax . . . . . . . . . . . . . . 24, 65
Infestations . . . . . . . . . . . . . . . . . 80
Court . . . . . . . . . . . . . . . . . . . 89, 91
Inspecting a Property . . . . . . . . . 36
Damp . . . . . . . . . . . . . . . . . . . . . . 78
Insurance . . . . . . . . . . . . . . . . . . . 67
Deposits . . . . . . . . . . . . . 42, 46, 88
Intrusive Landlord . . . . . . . . . . . . 83
Electrical Safety . . . . . . . . . . . . . . 71
Inventory . . . . . . . . . . . . . . . . . . . 60
References 95 INFORMATION
Redress Schemes . . . . . . . . . . . . 17
Land Registry . . . . . . . . . . . . . . . . 47
References . . . . . . . . . . . . . . . . . . 48
Leaving Early . . . . . . . . . . . . . . . . 86
Rents . . . . . . . . . . . . . . . . . . . . . . . 20
Local Authorities . . 24, 56, 57, 76, 85, 92 Lodger . . . . . . . . . . . . . . . . . . . 9, 83
Reporting Repairs . . . . . . . . . . . . 75 Repossession . . . . . . . . . . . . . . . 85
Mortgage Repossession . . . . . . 85
Safety . . . . . . . . . . . . . . . . 30, 70, 71
Mould . . . . . . . . . . . . . . . . . . . . . . 78
Students with Disabilities . . . . . . 33
Moving In . . . . . . . . . . . . . . . . . . . 59
Students with Families . . . . . . . . 32
Moving Out . . . . . . . . . . 63, 61, 88
Tenancy Agreements . . . . . . 50, 53
Negotiating . . . . . . . . . . . . . . . . . 44
Tenancy Deposit
Neighbours . . . . . . . . . . . . . . . . . 85 Noise . . . . . . . . . . . . . . . . . . . . . . 85
Protection . . . . . . . . . . . 46, 68, 88 Tenancy Deposits . . . . . 46, 68, 88 Transport . . . . . . . . . . . . . . . . . . . 28
Personal Safety . . . . . . . . . . . . . . 30
TV Licensing . . . . . . . . . . . . . . . . 66
Pests . . . . . . . . . . . . . . . . . . . . . . . 80
Utilities . . . . . . . . . . . . . . . . . . . . . 63
REFERENCES
Penalty Payment . . . . . . . . . . . . . 91
RESOLVING ISSUES
Resident Landlord . . . . . . . . . . 9, 83
MOVING IN
Accommodation . . . . . . . . . . . 5, 14
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Looking for
Repairs . . . . . . . . . . . . . . . . . . . . . 74
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Licensing . . . . . . . . . . . . . . . . 56, 57
MY OPTIONS
Joint Tenancy . . . . . . . . . . . . . . . 51
REFERENCES
RESOLVING ISSUES
MOVING IN
VIEWING
LOOKING
MY OPTIONS
INFORMATION
96 References
NOTES
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