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STUDENT HOMES ADVICE

We pride ourself on the accommodation we offer to students and are fully committed to raising the awareness of students’ and landlords’ legal rights and standards student housing should meet. 

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All shared house properties are registered to comply with the local authority (Chichester District Council) Accreditation standards. www.chichester.gov.uk/index.cfm?articleid=13198 

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Please ensure you read the University Private Sector Housing Accommodation Guide for students. www.chi.ac.uk/student-life/accommodation/private-sector-housing 

 

Tenancy Deposits

You will normally be required to pay a tenancy deposit to the us as security in case you damage the property or furnishings. It can also be used to cover unpaid bills, rent or missing items. The maximum a landlord can charge by law the equivalent of five weeks’ worth of rent in England and Wales.

 

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. Your deposits will be protected under the insurance based scheme operated by www.mydeposits.co.uk

More information for tenants can be found on their website.

 

Holding Deposit

We may ask for a holding deposit by law can only be for up to 1 weeks’ worth of rent. This is to provide security while we take the property off the market while doing checks and preparing the tenancy paperwork. However, there are strict rules on holding deposits and, unless you are responsible for the tenancy not proceeding (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 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 must either return the money to you or tell you why it is being withheld.

 

Tenants’ 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. The checks are straightforward and quick for law-abiding landlords and tenants to comply with so we will ask you for some ID information. More information can be found on the following website:

https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide 13) Tenancy Agreements

 

The Contract

We will ask you to sign a tenancy agreement.

This is a legally binding document setting out each party’s rights and responsibilities. By signing it, both you and the landlord have certain rights protected in law, 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. 

Your agreement will to be an Assured Shorthold Tenancy Agreement and will normally last for at twelve months, if you would like to stay for another year, we will sign a new tenancy agreement. The tenancy agreement should also state the following:

·       How much the rent is and how it should be paid

·       How much deposit is and how it will be protected 

·       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

·       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.

·       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.

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The terms of the agreement must be in plain, intelligible language and fair. 

Your tenancy with the other members of your group will be 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. We also ask for a guarantor who will guarantee to meet your obligations under the tenancy agreement if you do not or cannot meet them. 

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Our student accommodation contracts are for a fixed period of time so you need to be 100% sure it is the place you want to live in and the people you want to live with. We may consider releasing you if you have a suitable replacement tenant to take your place in the tenancy agreement and if the rest of your group are in agreement with the replacement tenant but if you leave the university without finding a replacement that we agree to you will usually be responsible for the rent for the rest of the tenancy period and you have to stick to all the things you agreed to in the tenancy agreement.

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

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·       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.

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Your Rights

Your Landlord is responsible for...

·       Ensuring that the property (where in England) 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 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 (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 a copy of the ‘How to rent’ checklist.

·       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.

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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 may 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.

  • 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.

  • 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.

 

Energy Performance Certificate (EPC)

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 a legal requirement that we provide you with a full Energy Performance Certificate and we will provide this to you before you sign the tenancy agreement. 

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


Home Safety Issues

Gas Safety

Gas Safe Register is 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. We will provide you with a copy of the current Gas Safety Certificate before you sign your Tenancy Agreement and give you a copy of any updated certificates throughout your tenancy. 

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Carbon Monoxide Awareness

Carbon Monoxide alarms are installed at the property in any room where there is a gas appliance. We will make routine checks that alarms are correctly functioning but should they beep at any time then you should call us urgently, 

Carbon Monoxide is a possible danger, it 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. We will provide you with a copy of this report before you sign the Tenancy Agreement.

 

Legionnaires Disease

Legionnaires’ disease is a severe pneumonia caused by the Legionella bacterium. People become infected when they inhale aerosols from a contaminated source.

Early symptoms include muscle aches, tiredness, headaches, dry cough and fever. Sometimes diarrhoea occurs and confusion may develop. Legionnaires’ disease can cause long term health problems.

People contract Legionnaires’ disease by inhaling small droplets of water (aerosols), suspended in the air, containing the bacteria. 

We carry out a Legionnaires Risk Assessment every year and give you advice when you move in as to how to minimise your risk. In particular if you leave the property vacant for a few days this can lead to water becoming stagnant in pipes, shower heads etc and we ask you to run all taps, showers and flush toilets upon your return. 

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Fire Safety

All our properties are licenced with Chichester District Council as Houses in Multiple Occupation (HMO) and in connection with this we are required to carry our Fire Risk Assessments and comply with the high fire safety standards. However tenants must do their part to stay safe and there are certain clauses in the Tenancy Agreement in connection with this. In particular but not exclusively the following apply;

*furniture and furnishings that do not meet current fire regulations are not to be brought into the property

* No electrical equipment is to be brought into the property that does not comply with the latest UK electrical regulations – any equipment that is not new must be PAT tested by an electrician before being brought to the house to ensure it is safe. 

*The Fire brigade highlight some of the dangers of the cheap charging devices that can be bought on the internet as they do not comply with UK safety standards so please do not bring these.

*Block adapters are not allowed as extension sockets as they cause arcing of electrical current and fires, you may only use fused Multiway Bar extension leads for plugging in additional plugs.

 *The burning of candles is not allowed at the property as these are the biggest cause of fire in student accommodation. 

If a fire does start you should leave all your possessions, exit the property and call 999.

 

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 in our properties complies with these regulations and we ask you not to bring any upholstery to the property that does not have the appropriated fire labels attached.

 

Fire Alarms and Carbon Monoxide Alarms

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

Our properties comply with these regulations as well as any additional regulations required by the council for HMO’s. It is the landlord’s responsibility to ensure that alarms are in good working order on the first day of the tenancy and we do this but after this it is the responsibility of the tenant to test the alarms on a regular basis. We explain how to do this when you move into your property but should your alarms beep then please phone us immediately.

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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

 

Insurance

Our landlord insurance does not cover your personal possessions so you will need to take out additional insurance for this, you may be covered on your home contents policy but you need to check this.

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Council Tax

Properties where all the occupants are full-time students will be exempt. You can claim your exemption by visiting Chichester District Council website and completing their online form. 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. You will also have to pay from when your final year finishes to the end of your tenancy.

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