Student housing advice

Accommodation Checklist

The Exterior

• The roof looks sound, there aren't any tiles missing.
• The gutters and pipes aren't broken, leaking or full of grass.
• The window frames aren't rotten.
• The windows aren't broken, cracked or draughty.

The Interior

• No signs of damp, e.g: dark patches, peeling wallpaper or flaking paint.
• Few signs of condensation such as mould on the walls.
• There aren't any signs of pests, like slug trails and mouse droppings.
• Check if the furniture is included in the let.

Gas & Electricity

• The plugs don't get hot when switched on. Check there are plenty of sockets.
• The wiring doesn't look old, there aren't any frayed cables.
• The gas fire heats up properly and isn't heat stained (if it is it may be dangerous).
• When was the last service and is there a valid Gas Safety Certificate?
• The cooker works! Try it. Is it clean?

Plumbing

• There is hot water.
• The taps all work properly.
• The bath and basins aren't cracked and the toilet flushes properly.

Security

• The external doors are solid with five-bar mortice locks. Your insurance may insist on this. Ideally they will open from the inside without a key (these are known as ‘thumb turn locks’) as these mean you won’t be trapped indoors if there is a fire.
• Locks - If you rent your own room, with a separate tenancy agreement which includes shared use of common parts with other tenants, then your room should have a lock. Otherwise this may not be something the landlord is willing or able to do.
• The windows all have locks.
• Does it have a burglar alarm? Use your bargaining powers to get one. It is in the agent's/landlord's interest as well as your own.
• Does it have a smoke detector? There should be one on every storey in the property where there is a room used as living accommodation.
• Are there carbon monoxide alarms? There should be a carbon monoxide alarm in all rooms used as living accommodation which contain a fixed combustion appliance (excluding, in England, gas cookers).
• Print out Check List:

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Gas Safety

Gas Safe Register has the official list of gas engineers who are qualified to work safely and legally on gas appliances. Only a Gas Safe registered engineer should fit, fix or service gas appliances. Visit https://www.gassaferegister.co.uk/ for more information. Landlords have responsibilities for gas safety. By law your landlord must keep all gas appliances supplied for you to use in good condition. They must arrange for a Gas Safe registered engineer to carry out a gas safety check on them every 12 months and provide you with a copy of the landlord’s gas safety record.

Always:

• Ask for a copy of the landlord’s current gas safety record before you move in. By law, landlords have to give a hard copy to the tenant on or before the move in date.
• Cooperate with your landlord and let a registered engineer in when a gas safety check or servicing has to be done.
• Check the ID card of any gas engineer that comes to do work in your home. The engineer must be Gas Safe registered.

Monoxide Awareness
Does the property have a carbon monoxide alarm? If not, ask the landlord to install one in every room which has a gas appliance.

By law, the landlord must fit a carbon monoxide alarm in all rooms used as living accommodation which contain a fixed combustion appliance. This will include coal or wood burning stoves, but in England, does not include gas cookers (although it does in Wales). However, if there is a gas cooker but no CO alarm in the kitchen, it is a good idea to ask your landlord to fit one anyway.

If you have gas appliances in your house, Carbon Monoxide is a possible danger.

Badly fitted and poorly serviced appliances can cause gas leaks, fires, explosions and carbon monoxide poisoning. Carbon monoxide is a poisonous gas which can kill quickly with no warning. Know the six main signs and symptoms of carbon monoxide poisoning – headaches, dizziness, nausea, breathlessness, collapse and loss of consciousness. Don’t mistake the symptoms for a hangover.

It's invisible and odourless, but it can kill.

Watch out for...

• Gas flames that burn orange or yellow rather than blue.
• Sooty stains on or around your appliances.
• Solid fuels that burn slowly or go out.

Know the symptoms...

• Unexplained drowsiness.
• Giddiness when standing up.
• Headaches.
• Sickness and Diarrhoea.
• Chest pains.
• Unexplained stomach pains.

If you think a gas appliance is faulty turn it off and let your landlord know immediately. In an emergency call the gas emergency helpline on 0800 111 999. If you feel unwell, seek medical help immediately. Click on the Gas Safe logo link for more info! The Health & Safety Executive has a Gas Safety Advice line on 0800 408 5500 In the event of an emergency call 0800 111 999

Electricity

From 1 July 2020 landlords of all new tenancies in England must have had the electrics in their property inspected by a competent electrician and landlords must provide you with a copy of the inspection report. Landlords must deal with any issues raised by the report within 28 days and then provide written confirmation of this to each tenant within 28 days.

These rules do not apply to student lettings in halls of residence or in Wales, but these may hold an NICEIC certificate which will prove that the property has been inspected within the last five years. HMOs in Wales are legally required to have the electricity installations inspected every 5 years.

Fire Safety Furniture and Furnishings

The relevant regulations are the Furniture and Furnishings (Fire Safety) Regulations 1988. "The regulations provide for all furniture manufactured after 1 January 1950 to be fire retardant and carry the proper labels". This means that furniture and furnishings supplied in let accommodation must comply with the fire and safety requirements in the Regulations. All residential premises including flats, bedsits and houses where furniture is supplied as part of the let are covered by these regulations.

The type of furniture covered by the regulations are: any upholstered furniture including chairs, sofas, children's furniture, beds, head boards (if upholstered), mattresses, scatter cushions, seat pads, pillows and even garden furniture if it is upholstered and can be used in the dwelling. Carpets, curtains and duvets are not covered by the regulations.

All furniture, manufactured after 1 January 1950, and supplied in a let property must have a label attached which is clearly visible and gives information on manufacture and materials. If the original label has fallen off the landlord should have it re-tested.

Fire Alarms and Carbon Monoxide Alarms

Private landlords are required to have at least one smoke alarm installed on every storey of their properties used for living accommodation and a carbon monoxide alarm in any room containing a solid fuel burning appliance (e.g. a coal fire, wood burning stove).

If your property is an HMO (see HMO section below) your landlord will also have to comply with standards set by the Local Authority which will include the provision of fire extinguishers and blankets. If they are not provided you should ask for them. Also contact your local fire brigade for free advice on making a fire action plan and further information on fire safety.

It is the landlord’s responsibility to ensure that alarms are in good working order on the first day of the tenancy and to replace any alarms that are faulty. However, it is generally the responsibility of the tenant to test the alarms on a regular basis and replace batteries. But read your tenancy agreement and see what it says.

Visit the site below to find out more:
https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenants

Fire Safety

You should have access to escape from the property in case of fire, so check that this is the case.

Note that it is important that you do not block the fire escapes at any time, for example with bicycles. As this could cause safety issues in case of fire.

Ebikes and escooters

Be aware also that ebike and escooter batteries can cause very serious fires in particular if:

• Counterfeit batteries have been purchased – for example, cheap batteries purchased off the internet. These often lack essential safety features.
• Batteries have been damaged – for example, if they have been dropped or punctured in some way.
• The wrong charger is used for the particular battery.
• Batteries have been subject to extreme temperatures – most have a safe operating temperature of between -20°C to 60°C (4°F to 140°F).
• Overcharging – leaving batteries plugged in for long periods of time can increase the risk of fire.

You should tell your landlord if you intend to keep an ebike or escooter on the premises as it may affect their insurance.

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Household Costs

Bills

• Clarify what is included in your rent. For instance, some agents/landlords include water rates, others don't.
• Some tenancies may also be inclusive of other bills such as gas and electricity. Check your tenancy agreement carefully before you sign it to make sure that it agrees with what you have agreed with the landlord/agent.
• If relevant, ask the previous tenants the rough cost of gas, electricity and water.
• Take readings of the relevant meters as soon as you can, once the last tenants have left.
• Where you are responsible for bills, change the bills to your name with the relevant suppliers from the time you move in, and decide whether joint names will be put on the bills or if the responsibility will be divided. It makes sense to put the names of all residents on the bills to ensure shared responsibility.

Insurance

• Don't think of doing without it; the number of burglaries and thefts in student houses is rising! Your landlord’s insurance will not cover your personal possessions.
• Shop around to find the right insurance package for your requirements. Your university or college may be able to recommend suitable insurance.
• Make sure that you're covered over the holidays.

Council Tax

• Properties where all the occupants are full-time students will be exempt. You may be asked to produce a certificate giving evidence of your student status; this certificate will be obtainable from your faculty office after you have registered on your course.
• If one or more of the occupants of your house is not a student the house becomes taxable so you must clarify whether you are expected to pay anything towards the cost.
• If you are unsure about your status with regard to Council Tax then seek advice from your Student Accommodation Department.

TV Licence

Click here for more information.
Call: 0300 790 6113 for more information.

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Contracts

The protection you have largely depends on your status as an occupier. However, an Assured Shorthold Tenancy Agreement (England), an occupation contract (Wales) or Short Assured Tenancy (Scotland) are the most common. These can be made for a specific period of time, for instance, one academic year, but they will not usually be made for a period of less than 6 months.

Please note that if you are staying in lodgings, Homestay or with the owner of the property then you will not be a "Tenant" and should therefore not be required to sign a tenancy agreement. They may issue a room licence or lodger agreement.

Once the Renters Rights Bill has come into force, unless your landlord is a landlord of ‘Purpose Built Student Accommodation’ (where different rules apply), Assured Shorthold Tenancies in England can no longer exist, and all English tenancies will be Assured Tenancies. Any Assured Shorthold Tenancies at the commencement of the Renters Rights Bill will be converted automatically to Assured Tenancies.

After the Renters Rights Bill has come into force, Assured Tenancies will not be for a specific period of time (i.e. a fixed term) but will convert to ‘periodic tenancies’. This means they will run on from week to week or from month to month (this is the ‘period’ of the tenancy) until either you give notice and vacate or until you are evicted by the Landlord obtaining a court order for possession. Note that the period of the tenancy cannot be more than 1 month (if paying monthly) or 4 weeks (if paying weekly). Any attempt by your landlord to create a longer period will be of no effect.

Joint Tenancy

If you are sharing a house or flat then you may be asked to sign a joint tenancy agreement or a separate tenancy agreement.
It is a joint tenancy if you have all signed the same agreement. It is a single tenancy if you have each signed separate tenancy agreements (i.e., just for your own room with shared use of the rent of the property).
If you sign a joint tenancy agreement then you will all be responsible for each other's debts and damages in respect of the property. So if one of the tenants moves out without giving the notice or paying rent then the remaining tenants are liable to pay that tenant’s share. If you have a separate agreement for your own room and shared use of the ‘common parts’ of the property, then if there are any discrepancies, the argument is between yourself and your landlord and will not normally involve your housemates (unless perhaps it relates to the common parts of the property).

Points to Note

• You should be very careful about signing a joint contract with others as if they fail to pay their share of the rent the landlord can claim it from you. You are effectively all guaranteeing each other’s rent. So only rent a property jointly with people you know well and can trust.
• Rents must be agreed before the contract is signed since this is a binding agreement. Remember you can negotiate with the agent/landlord over rents and opt out clauses. If you agree any changes make sure the tenancy agreement is amended accordingly before you sign it.
• You cannot give notice during the period of the contract if there is no clause providing for this (generally known as a ‘break clause’) in your agreement. If you leave before the end of the fixed term then you (or your housemates) remain liable for the remaining rent until the end of the fixed term given in the agreement. However, your landlord may sometimes be willing to allow you to end your tenancy early if you can find new tenants to take your place.
• Always try to get your contract checked; the Students Union Advice Centre/Accommodation Office or Citizen's Advice should be able to do this for you.
• Landlords must comply with relevant legislation on notice to Quit, possession notices and Termination of Tenancies. Notices to Quit (which cannot be used for assured shorthold tenancies) must contain prescribed information. A Landlord cannot simply evict a tenant without a Court Order and this will only be granted on certain grounds.
• Resident Landlord and homestay landlords should issue a Room Licence. Note that in some circumstances resident landlords who share living accommodation with occupiers who may be able to evict them without having to go to court. If you think this is going to happen, speak to your Accommodation Office or advice organisation such as the CAB

Once the Renters Rights Bill has come into force, unless your landlord is a landlord of ‘Purpose Built Student Accommodation’ (where different rules apply) your tenancy will no longer be for a fixed period of time but will run from month to month or from week to week. If you want to leave, you will be able to give a tenant’s ‘Notice to Quit’ which must give the landlord not less than two months notice, ending at the end of a ‘period’ of the tenancy.

If you are a joint tenant and do this, it will cause problems for your co-tenants. So, if you are in this situation, you may want to see if you can find a replacement tenant to take your place.

Once the Renters Rights Bill comes into force, note that the no fault ‘section 21’ eviction process will be abolished.

Guarantees

Under the Renters Rights Bill, once it comes into force, guarantors will no longer be liable if the student they were guaranteeing was a close relative and died while living at the property.

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Your Rights

Your Agent/Landlord is responsible for...

• Ensuring that the property (where in England or wales) is ‘fit for human habitation’ when let and during the tenancy. This means that it must meet basic standards for example as regards, repair, with no risk of harm to the health or safety of the occupiers.
• Keeping in repair the structure and exterior of the dwelling house, including drains, gutters and external pipes.
• Keeping in repair and proper working order the installations for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) and for heating rooms and heating water.
• Providing a rent book if statute so requires e.g. where the rent is paid weekly.
• Providing you with the agents/landlord’s full name and address.
• Providing you with a copy of the valid current Gas Safety Certificate (see Standards).
• Providing you with a copy of the electricity report
• Allowing you to "peacefully enjoy" your accommodation, which means not entering the property without your permission (unless there is an emergency).
• Agents/Landlords have the right to enter the property at reasonable times to carry out the repairs for which they are responsible and to inspect the condition and the state of repair of the property. They must give at least 24 hours’ notice in writing of an inspection or other visit, and you can ask them to reschedule the appointment if it is not convenient for you. It would be helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.
• Providing you with a copy of the ‘How to rent’ booklet.
• Providing you with an Energy Performance Certificate (EPC).
• If you are renting from an agent, they must be part of a letting agent redress scheme and display this on their website.
• Always check the terms of your tenancy agreement for details on responsibility for maintenance and repairs. Although note that your landlord cannot by law exclude responsibility for keeping the property in repair and fit for human habitation.

The Renters Rights Bill provides for a new ‘decent homes’ standard which is expected to come into force on a date in the future, currently unknown. The bill also provides for ‘Awaabs law’ which will require landlords to deal with serious hazards, when reported to them, within strict timeframes. Again, this part of the bill is unlikely to come into force for a while, and the rules will be set out in regulations in due course.

A new Landlords Redress Scheme is due to be set up after the bill has been passed to deal with tenants' complaints about the condition of the property and any other issues in dispute.

You are responsible for...

• Acting in a "Tenant-like manner". This means you should perform the smaller tasks around the house such as changing a light bulb; unblocking the sink when clogged with waste and cleaning the windows when necessary.
• Not damaging the property, if you do then you and your guests are responsible for the repairs.
• Note that you will normally be held responsible for damage done by your guests.
• Checking smoke alarms on an ongoing basis and replacing batteries.
• Refuse collection! Remember to find out the collection day from your local council. Put the wheelie bin out and bring it back in again, it's illegal to leave it on the street. Note that you can be fined by the Local Authority if you leave items on the street (other than bins at collection times). Dumping unwanted items (‘fly tipping’) is also a criminal offence for which you can be fined.
• Securing the property when you go away; lock all the doors and windows!
• Being reasonable about noise and parties; weekends are better, let your neighbours know in advance and comply with the Law.
• Reporting all repairs needed to the agent/landlord (preferably in writing). The landlord's/agent's responsibility to repair begins only when they are aware of the problem. If the fault is not corrected within a reasonable period of time (dependent upon the nature of the disrepair) then seek advice from the Students Union Advice Centre/ Accommodation Office or Citizen's Advice. Or, you will also be able to complain to the new Landlord Redress Scheme once this has been set up after the Renters Rights Bill has come into law.
• It may also be a good idea to keep a diary where you record anything relevant as it may otherwise be difficult to prove (or even remember) when and whether events took place.

Harassment and Unlawful Eviction

If your agent/landlord wants you to leave your property then a legal process must be complied with before you can be evicted. This will include a written notice and applying to the Court for a possession order. If you are evicted without the agent/landlord following the correct procedure then the agent/landlord is committing a criminal offence. In addition, if the agent/landlord (or someone acting on their behalf) interferes with your peace or comfort either with unannounced visits, by not fulfilling his/her responsibilities for basic repairs (as listed above), disconnecting utility supplies and so on, then this may amount to harassment which is a criminal offence. If you are in danger of eviction or suffering from harassment by your agent/landlord then contact the Student Union Advice Centre, Accommodation Department, your local Council's Housing Advice Team, or your Council's Anti-Social Behaviour Team. Citizen's Advice also produce a booklet entitled "Protection Against Harassment and Unlawful Eviction".

It's best to contact one of these organisations rather than the Police, as the Police are often untrained in housing law and may take inappropriate action.

Once the new Landlord Redress Scheme has been set up after the Renters Rights Bill has become law, you will also be able to complain to their Ombudsman.

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Safety Advice

We would always recommend viewing a property in person, rather than relying on the information on the web. You will need to check that the landlord and the property are bona fide. We would never recommend transferring any monies to anyone before doing so in person, and if you feel that there is no alternative due to shortages of accommodation, always pay with your credit card as that offers protection. For your own personal safety, it is always advisable for you to view a property accompanied and try to arrange the appointment at a reasonable hour. However, there are advantages to viewing it after dark so that you can get an idea of how you will feel when walking home at night. It is important that you contact your University Accommodation Department if you feel that you were in any way subjected to sexism or harassment during the appointment.

Security

Here are a few pointers in checking the security of the property:

• Is the property in a 'good' area?
• Is the property set back from the road? Is the street lighting sufficient?
• Are the front and rear doors solid?
• Have the doors got five lever mortice locks?
• Is there a chain on the door? If not, can the agent/landlord fit one?
• Are the curtains of your room see-through? Insist on thicker ones if they are.

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Financial matters

Under the Tenant Fees Act 2019 (in England) and similar legislation in Wales, your landlord/agent are now restricted in the fees that they charge.

It is illegal for any charges to be made other than:

• A holding deposit (before the tenancy) - More information
• A traditional deposit (see below) which (in England) cannot be for more than five weeks worth of rent, and
• Rent – note that the landlord cannot charge a higher rent in any month (eg in lieu of an administration fee)
• Utilities and Council Tax
• A TV licence and communication services (eg broadband and satellite TV)
• For the actual cost of lost keys
• Interest at 3% above bank base rate for unpaid rent after 14 days
• A fee of £50 (or sometimes the landlords actual expenses) if the landlord varies the tenancy agreement at your request
• Payments if the tenancy is ended early by agreement – which must not be more than the total rent due under the tenancy agreement

Landlords may be able to make other charges with agreement of the tenant – for example if your elect to pay for an alternative deposit scheme rather than pay a traditional deposit.

Beware fraudsters

It's worth mentioning here that criminals are always with us and there are many scams aimed at students. Be very careful about paying money out in respect of properties you have not seen. If possible it is best to rent from landlords approved by your student accommodation office, or from a letting agent who is a member of ARLA or RICS. You can normally check that an agency is regulated from the ARLA or RICS website.

When the Renters Rights Bill comes into force, landlords will be prohibited from asking for or accepting any rent before the tenancy agreement has been signed. However, once this has been done, they can ask you for one month’s rent in advance.

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Holding Deposit

Some landlords/agents may ask for a holding deposit which by law can only be for up to 1 weeks worth of rent. This is to provide security to the landlord/agent while they take the property off the market while doing checks. However, there are strict rules on holding deposits and, unless you are responsible for the tenancy not proceedings (e.g. if you give incorrect information and fail referencing or decide not to proceed) the money must be returned to you or (if you agree to this) offset against your rent.

The landlord/agent can only hold the money for 15 days unless this time is extended by agreement with you. At the end of this period the landlord/agent must either return the money to you or tell you why it is being withheld.

Tenancy Deposits

You will normally be required to pay a tenancy deposit to the agent/landlord as security in case you damage the property or furnishings. It can also be used to cover unpaid bills, rent or missing items. Most agents/landlords will ask for a sum equivalent to four weeks' or a calendar month's rent but the maximum an agent/landlord can charge by law (in England) is five weeks’ worth of rent in England. Or six weeks if the annual rent is £50,000 or more.

In order to ensure that you get your deposit back:

• Ensure that know what things your landlord can deduct from the deposit (this will normally be covered by a clause in the tenancy agreement).
• Note that if there is no clause in the tenancy agreement providing for the things that can be deducted from the deposit, your landlord will not in most cases be able to make any deductions.
• Ensure that you have a receipt for monies paid.
• Ensure that you have a full inventory - this should also set out the condition of the property and furniture within it.
• Get the agent/landlord to sign it.
• You may wish to take photographs, particularly if the condition of the property is different from what is written in the inventory. Make sure they are clear and in focus, contain something to show the scale and ideally use a camera which will date them.
• Take reasonable care of the house and furniture during the tenancy.
• Towards the end of your tenancy write to the agent/landlord inviting him/her to inspect the property.
• Settle all the bills.
• When you leave return all the keys to the agent/landlord and make a written request for the return of your deposit. Keep a copy of the letter.

Tenancy Deposit Scheme

Deposits paid by tenants who have assured shorthold tenancy agreements, are safeguarded by a Government sponsored scheme, which will facilitate the resolution of any disputes that arise in connection with such deposits.

There are two types of scheme:

1. Custodial Scheme a tenant pays the deposit to the landlord who in turn places it into a designated scheme account. When the scheme administrator returns the deposit to either the tenant or the landlord it is done so with interest at a rate specified by the Government. If they are not in agreement, a final court order will have to be obtained specifying the proportion of the deposit to which each is entitled.
2. Insurance based schemes a tenant pays the deposit to the landlord who only transfers it into a designated scheme if there is a dispute at the end of the agreement. When the landlord and tenant reach agreement or a court decides how much each party is entitled the administrator will distribute the deposit accordingly.

Within 30 days of receiving your deposit your agent/landlord must give you ‘prescribed information’ regarding the scheme safeguarding your deposit. You should always check that the scheme has received your deposit.

If at the end of your tenancy, an agent/landlord using an insurance based scheme fails to repay the deposit to the you then the scheme will refund any deposit money due to the tenants (and then pursue the landlord separately for reimbursement).

Alternative Deposit Schemes

Some landlords and agents are now using these. Note that they are not actually deposit or insurance schemes - they are a guarantee given to the landlord by the scheme that they (the scheme) will pay the landlord up to a specified amount, if the tenant leaves owning money for damage or rent. They involve a much smaller payment by the tenant, or sometimes a regular monthly payment.

You need to be very careful about these schemes. They are all different – some may be very good, others less so. Here are a few things to note:

• Your landlord/ agent MUST allow you to pay a traditional deposit if you prefer. They cannot insist on the alternative deposit scheme
• What you are paying is not a deposit but a non-refundable fee. You will never get it back. Unlike a traditional deposit where you will get all the deposit back if you leave the property in good condition.
• If your landlord claims on the scheme, the scheme may then pursue you for the money they have to pay out to the landlord/agent. This could be a considerable sum as these schemes sometimes guarantee the landlord more than the tenancy deposit limit of five weeks rent If you disagree with the sum claimed by the landlord/agent there may be a fee to pay if the dispute goes to adjudication (as opposed to traditional deposit schemes where the adjudication service is free). For some schemes there could be other fees.

You should be very careful about signing up to one of these schemes. Read all the paperwork carefully and if you are worried, speak to your Student Accommodation Department.

Retainers

These are paid to the agent/landlord by prospective tenants. The retainer period forms part of the contract (typically July to August) when the student is unlikely to want to occupy and the agent/landlord may wish to carry out certain maintenance works to the property. The normal retainer payment is 50% of the per calendar month rent.

Points to Note: England and Wales only

You usually have to pay a deposit if you want to rent somewhere, but as you probably know, it’s not always easy to get it back when you leave.

Disagreements:

If there is a dispute about deductions from the deposit at the end of the tenancy then there is (for traditional deposit schemes) a free adjudication service you can use which is provided by all the tenancy deposit schemes. You can find out about these by visiting the scheme websites. In a few situations it may be necessary to go to court but this is rare. Speak to your Student Advice Centre if you experience problems.

However, your agent/landlord has to use a tenancy deposit protection scheme if they want to take a deposit from you. This means that:

• you will get your deposit back if you're entitled to it.
• there will be a way of settling any disagreement about your deposit without going to court.

What if my agent/landlord does not protect my deposit?

If your agent/landlord doesn’t protect your deposit (assuming this is a traditional deposit) and/or fails to provide the prescribed information, within the 30 day time limit, you can take them to court. The court may either order your agent/landlord to pay you back the deposit or to pay it into one of the schemes available. It will also order your agent/landlord to pay you between 1 to 3 times the amount of the deposit as a fine.

Note that you can check to see if your deposit has been protected by looking at all the scheme websites – which are:

• The Deposit Protection Service (DPS)
• My Deposits
• Deposit Scheme (TDS)

The scheme websites also have a lot of helpful information for tenants so are worth checking out.

If you’d like to find out more about the Tenancy Deposit Law, visit: https://www.gov.uk/tenancy-deposit-protection

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Tenant’s ‘Right to Rent’ Privately Rented Accommodation

The Immigration Act 2014 introduced a requirement for landlords of private rental accommodation to conduct simple checks to establish that new tenants have the right to rent in the UK. Landlords who rent to illegal migrants without conducting these checks will be liable for a civil penalty.

The checks are straightforward and quick for law-abiding landlords and tenants to comply with.

Key Facts

• The checks apply to all adults over the age of 18 living at the property. That is even if:
  • they’re not named on the tenancy agreement
  • there’s no tenancy agreement
  • the tenancy agreement is not in writing
• Checks are mandatory, there are resources provided such as draft Codes of Practice, guidance and online resources, including an aid to help landlords and tenants identify whether they are affected and, if so, how to conduct a check.
• To access these resources Visit: https://www.gov.uk/check-tenant-right-to-rent-documents
• Checks apply to adults which use the property as their own home and you will need to provide original documentation which proves you can live in the UK, such as a passport or work visas.
• Landlords have to carry out these checks as if they do not this could result in an unlimited fine or being sent to prison.
• It is important to check the latest timescales and requirements directly.
• Guidance and an online tool is available on www.gov.uk. A helpline (0300 069 9799) is also available.

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What is an EPC?

The Energy Performance Certificate (EPC) gives home owners, tenants and buyers information on the energy efficiency of their property. It gives the building a standard energy and carbon emission efficiency grade from ‘A’ to ‘E’, where ‘A’ is the most efficient and with the average to date being D. In addition to the rating for your building’s current energy performance, part of the EPC report will list the potential rating that the building could achieve (using the same ‘A’ to ‘E’ scale), if the recommendations that are provided within the report were to be made. It is not mandatory for anyone to act on the report’s recommendations. However, doing so may cut your energy bills and reduce your carbon emissions.

Who needs an EPC?

As a tenant moving into a property, it is the legal requirement of the existing owner to provide you with a full Energy Performance Certificate, free of charge. This law came into effect after 1st October 2008. Agents/Landlords and owners are only required to produce an EPC for a property that is self-contained and the certificate is then valid for 10 years. However, an EPC isn’t required when a tenant rents a room from a resident landlord and shares facilities. So, you will be entitled to an EPC if you are renting the whole of a house or flat either alone or with a group of friends.

As of April 2020 it is unlawful to let any residential property that doesn’t meet an E.

For further information, please visit the Government EPC website here.

Note that at the time of writing the government is consulting on changing the EPC system and rules. Landlords may be required to ensure that their property has an energy rating C (or equivalent). The date for this is uncertain, but is probably between 2028 and 2029.

At that time landlords who rent out rooms in a shared house may also be required to obtain an EPC Certificate for the whole property.

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What is an inventory?

You should receive a copy of the property inventory when first moving into your new house.

An inventory can be extremely useful evidence of the condition of the property when you first move in. It provides a full inspection of the property’s contents and their condition.

If you aren’t supplied with an inventory by your landlord or letting agent, don't hesitate to ask for one. If you still don’t receive one, provide them with your own. You do this by making a list of the contents room by room and then take photos or use video evidence to record the property contents and condition as back up.

The Agent/Landlord and tenant(s) should both sign the inventory and initial every page to indicate that you agree to the condition of the property contents and condition.

If at all possible, the final inventory check should be done on move out day and checked against the original inventory. This should ensure that there aren't any disputes about the extent of any damage, and ensure that you are not blamed for any damage done after you move out. The landlord will then make deductions from the deposit to cover the cost of any damage found.

Note that landlords will often use specialist inventory companies to do this work.

When compiling an inventory, it is essential that you:

• Describe the condition of every item within the property.
• Back it up with photographic/video evidence.
• Make sure that any photographs you take are clear and include something to show the scale an out of focus photo of a scratch could be anywhere.
• Get all parties to sign and date them on the back to prove when they were taken.
• Take a note of the gas and electric meter readings.
• Get the agent/landlord to agree to and sign the inventory.
• Keep a safe copy of the signed inventory to check against when moving out.

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Houses in Multiple Occupation (HMO)

The Housing Act 2004, which was introduced in April 2006 in England and Wales, was created with the intention of providing a fairer and better housing market for renting properties.

The legislation provides special rules for Houses in Multiple Occupation (HMOs) which are essentially properties where people who are not family members share accommodation or live in the same building, as these types of property are considered to be higher risk.

The type of properties likely to require HMOs include:

• Shared houses
• Blocks of flats
• Bedsits
• Lodgings
• Blocks of converted flats
• Accommodation for workers

Some HMOs need an HMO license (see below) but all HMO landlords must comply with the HMO Management regulations. The management regulations are basically health and safety related and require landlords to comply with additional safety standards, including:

• Fire safety
• Water supply
• The common parts (eg where tenants have their own agreements for individual bedrooms and share common areas)
• Outside areas
• Rubbish disposal

The landlord/agent must also ensure that a notice giving the name address and telephone number of the landlord or person managing the property is clearly displayed in a prominent position in the property.

HMO Licensing

This is now covered by The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2018

The government’s new guidelines, which came into effect on 1st October 2018, state that a property must be licenced by their local housing authority if it is let to:

• 5 or more people
• Who come from 2 or more separate households

The key change is that HMO licensing is no longer only for properties 3 or more storeys high (although this still applies in Wales).

A licence may still be required in certain areas even if it is smaller and rented to fewer people than set out above. This will be the case if the local authority has an additional or selective liensing scheme covering the area where your property is situate.

There are also new rules alongside this that enforce:

• Minimum room size requirements for bedrooms
• Waste disposal provision requirements

Note that it is the individual HMO which requires the licence, and not just the building within which it is situated. So if a building has multiple flats and each flat contains five or more persons from two or more households they will each require a HMO.

To find out more click here or contact your local authority.

For further information on tenants rights generally see the Shelter site at https://england.shelter.org.uk/housing_advice

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The Contract

Most landlords and agents will ask you to sign a tenancy agreement.

This is a legally binding document setting out each party’s rights and responsibilities. Although note that both landlords and tenants have some rights (for example tenants' rights under the repairing and fitness for habitation legislation) which cannot be overwritten by the contract. Before you sign make sure that you understand all clauses, so there can be no nasty surprises after you've signed.

We would always recommend seeking advice regarding your contract before you sign it. If your landlord will not allow you to take a copy of the contract away to be checked, you should not sign it.

Your legal obligations and rights are different if you live in University accommodation or share a property with your landlord. Please contact your local Student Accommodation Department for further information on this issue.

If asked to sign an agreement, it is likely to be an Assured Shorthold Tenancy Agreement and will normally last for at least six months, after which the tenancy can run on a monthly basis. However, many tenancies run for a fixed term, i.e. July 1st 2020 to June 30th 2021. In this case make sure that you are happy with the length of the contract as it is very unlikely that you will be able to end the tenancy early.

The tenancy agreement should also state the following:

• How much the rent is and when and how it should be paid (check that the rent adds up and that there are no extra charges).
• Information on when and how the rent could be reviewed in the future
• How much deposit is and how it will be protected (note that by law now in England deposits cannot be for more than five weeks worth of rent)
• The circumstances in which the deposit may be withheld either in full or in part, e.g. to carry out repairs works due to damage the tenants have caused
• If you are paying for an alternative scheme rather than a traditional deposit this should be set out in the agreement. Make sure you check the provisions of the alternative scheme carefully. Note that your landlord must offer you the choice of a traditional deposit.
• The landlord's and tenants’ names and address of the property being let.
• The date the tenancy began and its duration.
• Who is responsible for the fuel bills, water rates and council tax.
• Details of whether other people are allowed the use of all or part of the property, and if so, which part.
• Whether the landlord will provide any services (i.e. laundry, cleaning), and whether there are service charges for these.
• The length of notice which the landlord or the tenant need to give, if the tenancy is to be ended. (There are statutory rules regarding this dependent on the type of tenancy and usually you cannot give notice to end a tenancy early).
• The landlord's and tenant's repair obligations. (Again there are statutory rules regarding this).
• The landlord's right of access, which should be at a reasonable time and after 24 hours’ notice.

The terms of the agreement must be in plain, intelligible language and fair. For example, any clause allowing the tenancy agreement to be ended early (known as a break clause) must apply to both landlord and tenant. A clause just allowing the landlord to end early will be invalid, and tenants should not be subject to unreasonable rent increases. Note that most fees and penalty clauses will now be illegal under the Tenant Fees legislation.

Tenancies will be either ‘joint’ or ‘individual’. If you sign a joint tenancy, i.e. all the names on one contract, you are jointly and severally responsible for the payment of rent and the ‘well-being’ of the property. For example, if your housemate doesn’t pay their rent, the landlord is legally entitled to demand it from the other tenants. Individual tenants still have joint responsibility for damage to communal areas.

Read the small print of a tenancy agreement. Most student accommodation contracts are for a fixed period of time. It is unlikely that there will be a ‘get out’ clause in your tenancy agreement, so you need to be 100% sure it is the place you want to live in and the people you want to live with. A landlord or agent may consider releasing you if you have a suitable replacement tenant to take over your room. In the past some considerate landlords and agents have released tenants if they have been kicked off their courses or have left University for health or financial reasons – but they don’t have to if they don’t want to. If a landlord or agent won’t release you, you will usually be responsible for the rent for the rest of the tenancy period.

Most things that you agree to in a tenancy agreement you will have to stick to. For example, if you agree not to use blue tack on the walls, you cannot use blue tack on the walls (and if you do, you will probably have to pay for the walls to be re-decorated when you leave).

Here are certain legal obligations that apply to student housing regardless of most tenancy agreements. For example:

• The property must be ‘fit for human habitation’ at the time it is let and throughout the tenancy. This means that it must meet basic standards for example as regards, repair, with no risk of harm to the health or safety of the occupiers.
• The landlord must carry out some basic repairs, and is responsible for the structure and exterior of the property.
• The landlord must keep the installations for the supply of water, gas, electricity, sanitation and heating in good working order.
• The tenant has a right to live peaceably in the accommodation without interference from the landlord.
• The tenant should take proper care of and not damage the accommodation.
• The tenant should be supplied with the name and address of the landlord, and the address to which notices should be sent (for example, notices requiring repairs to be carried out).
• For an assured short-hold tenancy created on or after 28th February 1997, the landlord must provide basic written terms of the agreement within 28 days of the tenant requesting this in writing.
• The landlord should give 24 hours written notice to enter the property. For example, to undertake repairs or view the property with prospective tenants. Although if the appointment is inconvenient for you, you can ask for this to be changed and the landlord cannot enter if you do not agree.

Note that after the Renters Rights Bill has become law and come into force:

• Landlords will be under a legal obligation to provide a tenancy agreement and can be fined if they fail to do this
• All tenancies will be assured tenancies and will be periodic (i.e. they will run from month to month rather than the tenant being signed up for a period of time such as a year)
• Tenants will be able to end their tenancy on giving a two month ‘Notice to Quit’ to their landlord
• Note that there are different rules if you live in Purpose Built Student Accommodation or rent a room as a lodger in your landlord's home. If you are not sure whether this applies to you, seek advice from your Student Accommodation Office.

For further information on tenants rights see the excellent guidance on the Shelter site at https://england.shelter.org.uk/housing_advice

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