Living With Landlords
Find out how to tackle problem landlords if you have a problem. Follow Smaart Graduate’s advice and get even!
New legislation and its impact
The Housing Act 2004, which saw most provisions come into force in April 2006, has numerous implications on students living in the private rented sector in England and Wales.
These changes may be of interest to you:
• Multiple Occupancy Licensing
A landlord has to register with his local council if his property has 5 people or more in it and 3 or more storeys. The licence lasts for 5 years, and not registering is a criminal offence that can result in a £20,000 fine.
The licensing is mainly to manage standards and tackle bad housing. Contact the local council if you think a landlord should be licenced and doesn’t have one.
• Housing Health and Safety Rating System
The new Health and Safety Rating System applies to any buildings. It means that if you think your health is in danger - those of you with dodgy boilers, for example - and you feel your landlord is dragging their feet about getting it fixed, you can report them to the local housing authority, who are now obliged to act if a tenant is in danger.
The NUS have created a guide called ‘Home Sweet Home’ which is available on their website if you want to find out more.
• Codes of Standards for halls of residence
These codes are voluntary for institutions to follow, and most universities are signed to the UUK code. Find out which your university is signed up to, and if you have a complaint, go to your Students’ Union.
• Tenancy Deposit Protection Schemes
From April last year (2007), all private landlords in England and Wales with assured shorthold tenancies have to protect their tenants’ deposit either by taking out special insurance or handing it to a third party.
IMPORTANT! When you sign a new tenancy agreement, ask your landlord how your deposit will be protected. Your landlord should provide you with contact details of the scheme protecting your deposit.
This new scheme ensures that if you have a problem with the amount your landlord suggests they will give back to you, a third party has control over the funds until the dispute is settled, either through discussions or through the courts.
Whichever way a settlement is agreed, the deposit has to be paid back to the tenant within ten days of an agreement being reached, either through discussion or the courts.
Deposits
Follow these easy steps to try and ensure you get your money back:
• Get a written receipt with the landlord’s full name and address on it for the money paid and keep it safe
• Take pictures of the property when you move in and out. Put the date on if your camera has that function. These can be useful evidence in court
• Agree an inventory of the property with the landlord before you move in, or if the landlord won’t cooperate, make your own list of conditions with a witness when you move in and out
• If you suspect your landlord may try to withhold your deposit illegally, you may choose to withhold your last month’s rent to cover any potential loss if you haven’t caused any damage to the property.
A few words of advice before you do this: Don’t withhold rent over the amount of the deposit. Withholding rent isn’t a legal right but an occasional practical necessity. Don’t cancel a cheque that you’ve already handed over as you can be sued for the amount of the dishonoured cheque. Ensure you notify your landlord of any repairs needed immediately as you can be held responsible for deterioration.
If your deposit isn’t returned when you move out…
If your landlord won’t budge through negotiation and refuses to return your deposit, you should first talk to your Students’ Union or Citizen’s Advice Bureau. They might tell you to think about the possibility of court action.
If you are thinking about doing this, write to your landlord setting out your claim, and give them a deadline to work to before you take legal action. Worst case scenario will see you taking your landlord to court, usually through “Small Claims”, which applies to sums up to £3,000, but hopefully the threat of court will be enough to persuade them to pay up.
The Students Union or Citizen’s Advice will be able to give you guidance on how to start legal proceedings. A solicitor isn’t usually needed and Court administration costs are usually small.
BEWARE! If the Court decides the case is too complicated for the County Court or your landlord counter-claims for more money, there is a small risk that the case will be transferred to open court where costs can be much higher if you lose the case.
Carbon Monoxide – be aware!
Carbon Monoxide (CO) poisoning is responsible for more deaths than any other single poison. It is odourless and colourless and is produced whenever a fuel such as gas or oil is burned. You can protect yourself against it by installing a CO monitor in your home.
Symptoms for CO poisoning include dizziness, nausea, severe headaches and confusion, and so it can easily be mistaken for an illness like the flu.
Who to talk to for advice
Welfare Officer in your Students’ Union
Just wander into your Students’ Union and ask to speak to your Welfare Officer, as they are the ones who look after housing. Your Welfare Officer can give you advice, should be able to help you write formally to your landlord, and may be able to represent you if you decide to go to the small claims court.
Shelter
Shelter has a free telephone advice line giving advice on all manner on housing problems. Call them free on 0808 800 4444
Citizen’s Advice Bureau
Citizen’s Advice provides free information on a whole range of subjects from money problems to benefits advice. They are currently campaigning to promote the Tenancy Deposit Protection scheme. To find out where your nearest bureau is, go to www.citizensadvice.org.uk
Housing Rights Service in Northern Ireland
If you live in Northern Ireland, the Housing Rights Service provides free specialist housing advice and representation on issues such as renting accommodation and housing debt. Go to www.housing-rights.org.uk
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