Housing Advice

Gas Safety Certificates

From 1st April 2009, the law requires all agents/landlords to ensure all gas appliances in a property are safe and checked annually by a person registered with the Gas Safe Register and provide each tenant with a copy of the Gas Safety Certificate. If you are a new tenant, then you should be issued with a copy of the Gas Safety Certificate before you move in. Any gas safety record given to you after 1st April 2009 will only be valid if the engineer is registered with Gas Safe Register.

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

Many agents/landlords may hold a NICEIC certificate which proves that the property has had an electrical check within the last five years. Although this is recommended, it is not a legal requirement.

Fire Safety - Furniture and Furnishings

On 1 January 1997 the final phase of the Furniture and Furnishings (Fire Safety) Regulations 1988 came into force. "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 housing 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.

Carbon Monoxide

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

Carbon Monoxide? Be Alarmed! Campaign

In October 2008, the Carbon Monoxide Consumer Awareness Alliance launched a new national campaign aimed at cutting the number of deaths and injuries caused by Carbon Monoxide poisoning.

Click here for more information on the Carbon Monoxide? Be Alarmed! Campaign

Bills

• Clarify what is included in your rent. For instance, some agents/landlords include water rates, others don't.
• If possible, ask the previous tenants the rough cost of gas, electricity and water.
• Take Barnsleys of the relevant meters as soon as you can once the last tenants have left.
• Change the bills to your name with the relevant suppliers from the time you move in...decide whether joint names will be put on the bills or if the responsibility will be divided.

Insurance

• Don't think of doing without it - the number of burglaries and thefts in rented houses is rising!
• Shop around to find the right insurance package for your requirements.
• Make sure that you're covered.

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 Local Council.

TV Licence

Click here for more information.

Contract

The protection you have largely depends on your status as an occupier. However, an Assured Shorthold Tenancy Agreement (England) 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 Home Stay or with the owner of the property then you will not be a "Tenant" and should therefore not be required to sign a contract.

If you are sharing a house then you may be asked to sign a joint tenancy or a separate tenancy. If you sign a joint tenancy then you will all be responsible for each other's debts and damages. If you have your own contract then if there are any discrepancies, the argument is between yourself and your agent/landlord and should not involve your housemates.

Points to Note

• 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 are not happy with the agent's/landlord's suggestions.
• You cannot give notice during the period of the contract, if no such clause has been added to the contract. If you leave before the end of the fixed term then you (or your housemates) remain liable for the remaining rent.
• Always try to get your contract checked; the Citizen's Advice will be able to check your contract.
  
• Agents/Landlords must comply with relevant legislation on Notice to Quit and Termination of Tenancies. A Notice to Quit also has to contain prescribed information. An agent/landlord cannot simply evict a tenant without a Court Order and this will only be granted on certain grounds. See your rights.

Your Agent/Landlord is responsible for...

• 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/landlords full name and address.
• Providing you with a copy of the valid current Gas Safety Certificate (see Standards).
• Allowing you to "peacefully enjoy" your housing (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. It would be helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.
• Providing you with an Energy Performance Certificate (EPC).

You are responsible for...

• Acting in a "Tenant-like manner". This means you should perform the smaller tasks around the house such as mending the electric light when a fuse blows; unblocking the sink when clogged with waste and cleaning the windows when necessary.
• Not damaging the house, if you do then you and your guests are responsible for the repairs.
• 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.
• Securing the property when you go away; lock all the doors and windows!
• Being reasonable about noise and parties; weekends are better and let your neighbours know in advance.
• Reporting all repairs needed to the agent/landlord (preferably in writing). The agent's/landlord'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 (dependant upon the nature of the disrepair) then seek advice from the Citizen's Advice.

Harassment and Unlawful Eviction

If your agent/landlord wants you to leave your house 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 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".

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. 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 advice centre 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.

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 ‘G’, where ‘A’ is the most efficient and with the average to date being D.

In addition to the rating for your buildings current energy performance, part of the EPC report will list the potential rating that the building could achieve (using the same ‘A’ to ‘G’ 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, or as a buyer looking to purchase, 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 and shares facilities.

A group of friends rent a property and there is a single contract between the agent/landlord and the group as the contract is for the rental of a whole dwelling. An EPC is required for the whole dwelling.

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

What is an inventory?

It is not uncommon for tenants not to receive a copy of inventory from their landlords when first moving into their 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, should there be some, as the landlord may need to take monies out of the deposit to pay for these.

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.
• Take a note of the gas and electric meter Barnsleys.
• 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.