North Lanarkshire Council Regeneration and Environmental Services STANDARDS FOR SHARED ACCOMMODATION The Standards indicated below will be applied having regard to the age, type and location of the premises concerned and the number of persons likely to occupy it. When assessing the standards and facilities required, licensing officers will take account of all the likely occupiers of the property including residents, staff and owners, where applicable. Space Standards 1. Every bedroom or every room used as a bedroom should be capable of accommodating a bed, a wardrobe and a chest of drawers together with their associated activity spaces. Minimum room sizes and activity spaces are indicated in Annex A and B attached. Kitchens 2. Kitchens provided for resident use should be provided with the following: A cooker with oven, grill and 4 cooking plates or rings for a maximum of 5 persons. A suitable microwave oven may be considered as an additional cooking facility where appropriate. One reasonable sized refrigerator and one reasonable sized freezer, for a maximum of 5 persons. The freezer need not be sited within the kitchen. One sink with integral drainer, for a maximum of 5 persons. Every sink must be provided with an adequate supply of hot and cold water. Where an additional sink is required, the use of a 12 place automatic dishwasher may be considered. A cold water supply to every sink which is a wholesome water supply, direct from the mains, suitable for drinking and other domestic purposes. A minimum of one cubic metre of accessible food storage for a maximum of 5 people with an additional 0.2 cubic metres for each person over 5 people (lockable where requested by the occupants). Sufficient drawer space for the storage of cutlery and cooking utensils. A minimum of 2000 mm of impervious work surfaces for 3 people with an additional 600 mm for each additional person. This should include a minimum of 300 mm of work surface either side of the cooker. Associated activity spaces as indicated in Annex A and B attached. Where cooking is carried out in a bed-sitting room, a cooker and sink with a drainer must be provided in the room. A minimum of 900 mm of impervious work surface with a minimum of 300 mm either side of the cooker must be provided. Where all meals are provided to occupants, a facility would be expected to be available for making light snacks and hot drinks. This will include access to a wholesome, piped supply of drinking water. North Lanarkshire Council Standards for Shared Accommodation December 2013 Sanitary Facilities 3. Each letting unit should not be more than one floor distant from any communal sanitary facilities (WC, bath or shower) they are to make use of. In addition, the premises should be provided with the following: A WC and wash-basin (contained within the toilet, or within an adjacent space providing the sole means of access to the toilet), for a maximum of 5 persons. A bath or shower for a maximum of 5 persons. An adequate piped supply of hot and cold water to every wash hand basin, bath and shower. Every bedroom should be located so that it is not necessary to pass through another bedroom in order to reach a bathroom, water closet compartment, or circulation space. A minimum of one door separation between the toilet and any area used in the preparation or consumption of food. Where only one door separation is achieved, the WC must be suitably ventilated. A suitable locking mechanism must be fitted to access doors to sanitary and bathing facilities, to ensure the privacy of the user. Obscure glazing must be provided where relevant to ensure privacy. Chimneys, Flues, Fuels, Space Heating and Detection of Carbon Monoxide 4. Each bedroom and living room must have a fixed controllable space heating appliance or be served by a central heating system, which may include any system of warm air or under floor heating, capable of maintaining a temperature of 18C when the outside temperature is -1C (a higher temperature may be specified where the HMO is intended to be occupied by older people or others who need additional heating). 5. There must be a certificate stating that that the central heating system is working properly. This certificate should have been obtained within the 12 months prior to any licence application being submitted. 6. Liquefied Petroleum Gas (LPG) must not be used or stored on the premises. Specifications for solid fuel, oil fired or gas-fired heaters are as per the current relevant British Standards. 7. A central heating system must be capable of being controlled from a communal area. In larger establishments such as halls of residence a centrally controlled system may be acceptable. 8. Hard-wired (mains fed with battery backup) or Lithium battery powered CO (carbon monoxide) detectors, meeting the requirements of the current British Standard, should be installed in accordance with manufacturer's instructions in the correct location to detect carbon monoxide and fitted in the same room as any gas-fired appliance. In addition as research has indicated that the sensors within CO alarms which detect CO have a lifetime of between 5-7 years then the CO alarm or where practical the sensor module must not pass beyond its working lifetime. The detector, or where practical the sensor module, must be replaced in accordance with the manufacturer's instructions or when a fault is detected. BS EN 50291 requires all detectors to be marked with the replacement date. They should also incorporate a warning device to alert users when the working life is due to pass. The detector should be capable of being tested and have a fault indicator. Operating instructions must be provided to the residents together with a record of the manufacture date and replacement date for the unit. North Lanarkshire Council Standards for Shared Accommodation December 2013 Solid Fuel 9. All chimneys/flues that are in use for solid fuel fires/installations/appliances must be cleaned annually. If the property is provided with solid fuel fires, the landlord shall ensure that an annual inspection of solid fuel fires, installations and appliances and an annual inspection/cleaning of chimneys/flues serving solid fuel appliances or fires is carried out by a competent person and the licence holder shall obtain from such person a certificate signed and dated by him/her stating that that the system is functioning properly and safely and ventilation is adequate. In the course of carrying out the aforesaid inspection/cleaning, should any necessary repairs or works be identified by the competent person, the licence holder shall, following the execution of the said necessary repairs or works identified by that person, obtain from such person or other competent person a certificate signed and dated by him/her stating that the system is functioning properly and safely and ventilation is adequate. The licence holder shall retain the current certificate and those of the previous 2 years. Continuity of certification must be maintained. Oil 10. If the property is provided with oil fired appliances or installations, the landlord shall ensure that an annual inspection of the oil-fired appliance or installations and of any flue/chimney serving the oil fired appliances or installations is carried out by a competent person. During the course of this inspection the competent person would determine if the flue/chimney should be cleaned. The licence holder shall obtain from such person a certificate signed and dated by him/her stating that the system is functioning properly and safely and ventilation is adequate. In the course of carrying out the aforesaid inspection/cleaning, should any necessary repairs or works be identified by the competent person, the licence holder shall, following the execution of the said necessary repairs or works identified by that person, obtain from such person or other competent person a certificate signed and dated by him/her stating that the system is functioning properly and safely and ventilation is adequate. The licence holder shall retain the current certificate and those of the previous 2 years. Continuity of certification must be maintained. Gas Safety 11. Any relevant gas fitting and any flue serving any relevant gas fitting must be inspected annually by a Gas Safe registered engineer under The Gas Safety (Installation and Use) Regulations 1998. The Gas Safe engineer used should be registered for inspection of appliances or premises of that nature. During the course of this inspection, the Gas Safe engineer would determine if the flue should be cleaned. The licence holder shall obtain from such person a certificate signed and dated by him/her stating that the system is functioning properly and safely and ventilation is adequate. In the course of carrying out the aforesaid inspection, should any necessary repairs or works be identified by the competent person, the licence holder shall following the execution of any necessary repairs or works identified by that person, obtain from such person or other similarly qualified person a certificate signed and dated by him/her stating that the appliances are functioning properly and safely and ventilation is adequate. The licence holder shall retain the current gas certificate and those of the previous 2 years. Continuity of certification must be maintained. The licence holder shall ensure that a copy of any gas certificate is provided to residents in accordance with The Gas Safety (Installation and Use) Regulations 1998. Electrical Safety 12. Appropriate certificates must be available to show that the electrical system and any appliances provided by the HMO owner have been examined by a competent person who has confirmed they are functioning properly and are safe. 13. Certificates of Compliance (Electrical Installation Condition Report) meeting the requirements of BS 7671, signed by an approved NICEIC or SELECT contractor, using North Lanarkshire Council Standards for Shared Accommodation December 2013 current NICEIC or SELECT Electrical Installation Condition Reports (EICRs) are required. A competent contractor who is not a member of the NICEIC or SELECT may be used, but non-member "green" NICEIC Electrical Installation Condition Reports must be submitted. These can be purchased direct from - NICEIC, Vintage House, 37 Albert Embankment, London, SE1 7UJ. For the purposes of the HMO licence a competent person shall be either: A professionally qualified electrical engineer; or A member of the Electrical Contractors Association; or A member of the Electrical Contractors Association of Scotland; or A certificate holder of the National Inspection Council for Electrical Installation Contracting; or A qualified person acting on behalf of one of these (when it should be stated for whom he or she is acting). It should be noted that Periodic Inspection Reports (PIRs) have been replaced with Electrical Installation Condition Reports (EICRs). 14. The EICR must meet the following minimum requirements: Thorough visual inspection of the complete electrical installation which is not concealed. At least a 20% sample of the internal condition of all fixtures and fittings. Complete testing of all circuits (fittings and accessories). Schedule of Inspections and Schedule of Test results must be fully completed and submitted. This certificate confirms that the hard-wired system is functioning properly and is safe and should be renewed at least every 5 years or earlier as directed by the approved electrical contractor. Continuity of certification must be maintained. Any recommendations contained within the EICR report that the electrician has assigned a Code 1(Danger Present) or Code 2 (Potentially Dangerous) must be attended to as a matter of urgency. Written confirmation by an electrician that these matters have been completed is required. The electrician must also confirm in writing that he/she is satisfied that there are no other electrical safety issues arising from any issues that have been assigned as a Code 3. A current Portable Appliance Test (PAT) Certificate is also required for all plug-in appliances owned by the HMO owner. This certificate must show whether the item passed or failed. Certification must identify the contractor's name and address and be signed by the contractor. In the case of spurred appliances a formal visual inspection must be carried out annually with the results and any recommendations recorded on the annual PAT certificate. Combined inspection and testing of spurred appliances must be carried out with the results and any recommendations recorded as part of the 5 yearly EICR. The Certificate of Compliance for the PAT must be renewed at least annually, or earlier as directed by the approved electrical contractor. Continuity of certification must be maintained. Current PIR/EICR and PAT certification must be held and be submitted with the application for licence. The licence holder shall retain, for the duration of a licence, any record, document or certificate which has been required in terms of the licence. Certification must be retained for submission on request, to prove continuity of certification. Failure to ensure continuity may result in a requirement to provide an EICR valid for the full period of any licence granted. 15. Where work is carried out to the electrical installation, it must be carried out by a competent contractor who can provide a Certificate of Construction or appropriate electrical test certificate. Building Warrants may also be required in certain circumstances and it is the landlord's responsibility to obtain any necessary Warrant and Certificate of Completion. Lack of certification will prevent the issue of a licence. North Lanarkshire Council Standards for Shared Accommodation December 2013 16. There should be a minimum of Six socket outlets in each kitchen. Six socket outlets in each bedroom and living room or living area in the case of a combined living/kitchen. Four additional sockets anywhere in the building. The above sockets should be easily accessible, be provided on at least 2 separate walls in each room/area and be located to ensure safe and practical access. In addition to the above, other outlets may be provided which are inaccessible, for example those for white goods or built in appliances. 17. HMO landlords should consider advising their residents on electrical safety. Residents’ appliances should be in good repair, used for the intended purpose, and suitable for the intended purpose. Where an HMO landlord requires their residents’ appliances to be tested, they must ensure that the resident is aware of the requirement and any costs involved prior to signing the lease/occupancy/ tenancy agreement. Lighting and Ventilation 18. Every bedroom and living room should have: A window or windows of an aggregate glazed area equal to at least 1/15th of the floor area of the apartment and situated in an external wall or roof. A window or windows with an opening area equal to at least 1/30th of the floor area of the apartment and situated in an external wall or roof. 19. Every kitchen, bathroom and water closet should either have natural ventilation, with a window or windows with an opening area equal to at least 1/30th of the floor area, or adequate mechanical ventilation. 20. There should be an electric lighting system providing at least one lighting point to every circulation space, bedroom, living room, kitchen, bathroom, toilet and other space having a floor area of 2 m2 or more, and any lighting point serving a stair must have controlling switches adjacent to the staircase at each storey or a suitable alternative such as an energy efficient PIR(passive infrared sensors) or central control via a timer. 21. In any HMO with 2 or more storeys and more than 6 people, the escape routes within the HMO should be provided with adequate emergency lighting. In other cases where there is no natural light into a hallway or escape route, the Scottish Fire and Rescue Service may require emergency lighting to be fitted. 22. All bathrooms and shower rooms are to be provided with an IP4-4 rated light fitting, where appropriate, and any ceiling strip light unit within the HMO must be fitted with an acceptable diffuser/cover. Fire Safety 23. The Scottish Fire and Rescue Service is a statutory consultee for HMO licences and a copy of your application will be passed to the Scottish Fire and Rescue Service. The Scottish Fire and Rescue Service has independent responsibility for enforcing the fire safety legislation in HMOs through the Fire (Scotland) Act 2005. As part of the licensing process North Lanarkshire Council has a duty to take into account the condition of the living accommodation as well as the safety and security of the persons likely to occupy it. As such North Lanarkshire Council will take into account the level of fire safety in the HMO and the extent of compliance with the Fire (Scotland) Act 2005, together with the advice or recommendations of the chief officer of the fire and rescue authority in determining if a licence should be granted. North Lanarkshire Council Standards for Shared Accommodation December 2013 24. The Scottish Government has produced the following guidance documents to assist those with fire safety responsibilities within HMOs and which are available on the Scottish Government website: www.scotland.gov.uk and www.firelawscotland.org "Fire Safety Guidance Booklet" (ISBN 0-7559-4965-X) "Practical Fire Safety Guidance for Small Premises Providing Sleeping Accommodation" "Practical Fire Safety Guidance for Medium and Large Premises Providing Sleeping Accommodation" Drainage 25. The premises should be provided with a safe hygienic drainage system. Security 26. The accommodation must have secure locks on all access doors and ground floor accessible windows (having regard to fire safety requirements of Scottish Fire and Rescue Service). All access doors to the property must also be capable of being opened from the inside without recourse to a key so that residents can escape in case of fire. 27. The landlord must ensure that let bedrooms are fitted with a lever latch and secured with a suitable lock, which is capable of operating via a thumb-turn mechanism or other appropriate locking mechanism from inside the room, to allow emergency egress. 28. Where North Lanarkshire Council considers that additional safety or security features are required in light of the nature of the accommodation (eg women’s refuge), these shall be installed prior to the authority granting the licence. HMO owners are encouraged to consult the Crime Prevention Officer at the local Police Station for advice on security. Insurance 29. Landlords will be required to maintain adequate Comprehensive Buildings Insurance together with Public Liability Insurance. 30. Evidence of these shall be displayed in a prominent place within the premises where they can be conveniently read by residents, as well as providing a copy to each resident. Tenancy Management Standards 31. Residents shall be provided with a written lease/tenancy/occupancy agreement which is compliant with North Lanarkshire Council’s ‘Minimum Requirements for a Tenancy/Occupancy Agreement’ in force at the date of the licence, subject to any exemption or relaxation granted thereto. Lease/Tenancy/occupancy agreements used by an applicant or agent must be approved for use. Once approved, the lease/ tenancy/occupancy agreement must not be altered unless the licence holder obtains further approval from North Lanarkshire Council. Please note that a sample lease that meets the requirements of the Licensing Scheme is available from North Lanarkshire Council free of charge. However it is recommended that you consult a solicitor or professional letting agent to ensure your agreement meets the legal requirements. 32. The lease/tenancy/occupancy agreement shall state that the HMO will be used as a domestic dwelling only and will not be used for illegal or immoral purposes. 33. An inventory of furniture and fittings must be provided by the landlord and agreed with the resident. The inventory shall also state the conditions of the items and will require the landlord to ensure that the fixtures and fittings are suitable for their purpose and comply with current fire safety legislation. North Lanarkshire Council Standards for Shared Accommodation December 2013 34. The licence holder shall ensure that up to date records are maintained for all residents. These records shall be made available on request to officers of North Lanarkshire Council, and shall include the following details: Each resident’s full name. Dates of entry and departure of each resident. Records of rental payments and arrears. 35. The licence holder or his agent shall be required to record all payments of rent. Payment of rent must be either recorded in a rent book or through the issuing of a written receipt, with the receipt stubs retained for inspection. Where the rent is payable weekly, payments shall be recorded in a rent book retained by the resident. 36. Only rent books, occupancy records, and lease/tenancy/occupancy agreements approved by the licensing authority shall be used. 37. The Licensee shall issue signed and dated receipts for any rental deposits received. Possible reasons for deducting any amounts from the deposit should be made clear when the deposit is paid. 38. The Licensee will ensure that all deposits are lodged with an approved Tenancy Deposit Scheme and the residents are provided with relevant information about the tenancy and deposit in accordance with the Tenancy Deposit Schemes (Scotland) Regulations 2011, including the name and contact details of the scheme administrator. 39. The licence holder will ensure that residents’ mail is available, unopened, to residents on a daily basis. 40. Landlord shall ensure that tenants/residents comply with the terms of their lease, occupancy or tenancy agreement and conduct themselves in a way that does not interfere with the rights of neighbouring residents to enjoy peaceful occupation of their homes. 41. The licence holder shall ensure that a telephone line is available in an area of the property accessible to all residents, where the residents can provide a handset and arrange for the telephone service to be provided. Emergency calls shall be available, free of charge, to residents. 42. The licence holder shall give reasonable (being not less than 24 hours) written notice to residents of intention to enter the property, or areas of the property to which he or his staff do not normally have access , should access be required to rooms for the purposes of repairs, maintenance or inspection and where the agreement is in the form of a lease and the licence holder retains a key for the property, the agreement will specify how the tenant will grant explicit permission for the key to be used. This would not restrict emergency access, if required. 43. The licence holder must ensure that advice to occupiers on action to be taken in the event of an emergency is clearly and prominently displayed within the living accommodation. The information should also cover safety information such as safe use of gas appliances, regular checking of smoke alarms, not tampering with fire doors etc. In the event of an emergency, such as fire, gas leak or injury, it is important that occupiers know what to do and who to contact. The HMO owner must provide this information, for example with the tenancy agreement, and, it should be permanently and prominently displayed within the property. The licence holder must also provide an emergency telephone contact number for the use of residents. In staffed accommodation it should state how to inform staff of an emergency. North Lanarkshire Council Standards for Shared Accommodation December 2013 General Standards 44. The landlord shall be responsible for the day today running of the premises. 45. The landlord shall comply with the "Health and Safety at Work Act 1974" and any regulations there under and specifically shall ensure that effective precautions are taken and preventative measures in place to control the risk of legionella infection in the premises and that any relevant gas fitting and any flue that serves any relevant gas fitting comply with the Gas Safety (Installation and Use) Regulations 1998. 46. Where a landlord is providing meals for residents, they must comply with the "Food Safety Act 1990" and any regulations there under. 47. The landlord shall comply with the "Furniture and Furnishings (Fire) (Safety) Regulations, 1988’’, as amended. 48. The landlord shall ensure that the premises are maintained in such a manner and state of repair as to prevent infestation by vermin and/or insects and shall be responsible for the treatment of any infestation which arises from or within any common area of the premises. 49. Suitable drying facilities i.e. internally - tumble drier, at a maximum occupancy rating of 1:12 or externally - rotary drier at a maximum occupancy rating of 1:12, or a drying green, should be provided in a domestic situation. Large residential and institutional properties will be considered on an individual basis, by North Lanarkshire Council. 50. Every stair for a change in level of more than 600mm should have a handrail on at least one side, fixed at a height of at least 840mm and not more than 1m above the pitch line of a flight. The handrail should also extend at least 300mm beyond the top and bottom of the flight. 51. Adequate and suitable facilities both internally and externally must be provided for the storage and disposal of all refuse including recyclable waste (where appropriate) to meet the needs of the residents. The licence holder is responsible for advising residents of the refuse collection day for all refuse, including recyclable waste (where appropriate). The licence holder must ensure that residents utilise the bins provided and ensure that wheeled bins are presented for collection at the appropriate time and day and are returned to the bin storage area following collection. Where wheeled bins are used, they must be clearly identified by number or property address. 52. The licence holder will ensure that residents are advised of the arrangements for disposing of bulky refuse which cannot be disposed of through the routine refuse collection service. 53. The premises should be maintained in a reasonable state of repair and be compliant with the Repairing Standard under Housing (Scotland) Act 2006. Garden and environmental areas should also be adequately maintained. Where an HMO is in a shared building, the licence holder should co-operate and participate in the general repair and maintenance of the building and the cleaning of common parts. Where tenants are required to carry out tasks under terms of a lease and fail to do so, the responsibility remains with the licence holder to ensure these are being carried out. 54. The licence holder shall consider ways of minimising noise nuisance when selecting and installing items such as door closers and extract fans. Deafening between floors shall not be removed. Fitted carpets with suitable underlay will require to be fitted to reduce sound transmission between flats. Where an existing HMO has exposed wooden floor boards, laminate, hard wood flooring or tiled floor finishes and substantiated complaints are received regarding excessive noise, the landlord will be required to provide fitted carpets and underlay or other acceptable finish to minimise sound transmission. 55. The use of the licensed premises must comply with the terms of any planning permission issued by North Lanarkshire Council. North Lanarkshire Council Standards for Shared Accommodation December 2013 Annex A: Space Standards The space standard and occupancy of each room within the dwelling shall be based on the use made of the room. Floor space will only be counted where there is a ceiling height or at least 1.5 m. The minimum width of a bedroom should be 2.25 m. 1. Standards for bedrooms where there is a common living room and kitchen available and the common living room and kitchen comply fully with the HMO Standards: Single room (one adult) 6.5 sq. metres Double room (2 adults) 10.5 sq. metres Triple room (3 adults) 16.5 sq. metres Over 3 adults 16.5 sq. metres + 4.5 sq. metres per person over 3 Family room 10.5 sq. metres + 4.5 sq. metres per child (2 adults + children under 10) 2. Standards for bedrooms where there is no communal living area available but a common kitchen which fully complies with HMO Standards is available: One adult 10.0 sq. metres 2 adults 15.0 sq. metres 3 adults 19.5 sq. metres Over 3 adults 19.5 sq. metres + 6 sq. metres per person over 3 Family room 15.0 sq. metres + 7 sq. metres per child (2 adults + children under 10) 3. Standards for Bedroom with cooker: One adult 13.0 sq. metres 2 adults 19.0 sq. metres In normal circumstances, children would not be accommodated in bedrooms with cookers. If exceptionally, they are, appropriate measures must be taken to ensure their safety. 4. Standards for Communal Living/Kitchen areas excluding any area used as a kitchen: 3-5 persons 8.0 sq. metres + 1.5 sq. metres per person over 5 5. Standards for Communal Living Rooms: North Lanarkshire Council Standards for Shared Accommodation December 2013 3-6 persons 11.0 sq. metres + 1.5 sq. metres per person over 5 7-10 persons 16.5 sq. metres 11-15 persons 19.5 sq. metres Annex B: Activity Spaces Note: 1. An activity space is measured at floor level. 2. The shaded area of an activity space may overlap only the shaded area of another activity space. North Lanarkshire Council North Lanarkshire Council Standards for Shared Accommodation December 2013 Regeneration and Environmental Services MINIMUM REQUIREMENTS FOR A TENANCY / OCCUPANCY AGREEMENT The conditions within a tenancy / occupancy agreement will vary depending on the type of accommodation and tenancy being granted; however it is expected that the following will be included in any tenancy / occupancy agreement for shared accommodation. Further information on tenancy / occupancy agreements, and sample tenancy agreements are available from the following link on the Scottish Government Website: http://www.scotland.gov.uk/Topics/BuiltEnvironment/Housing/privaterent/landlords/management/improve/elements A sample tenancy agreement that meets the requirements of the Licensing Scheme is available from North Lanarkshire Council website free of charge. It is recommended you consult a solicitor or seek independent advice to ensure your agreement meets legal requirements. REQUIREMENTS FOR A TENANCY / OCCUPANCY AGREEMENT All tenants must have a written tenancy / occupancy agreement; The agreement must be written in plain English; and It must be in the form of a clear statement the tenants can understand and keep for reference of what is expected of them in terms of their sole and shared rights and responsibilities and what they can expect of the licence holder. The agreement must incorporate the following information: Type of tenancy It must clearly state what type of tenancy agreement is being granted. Parties to the agreement It must include the landlord’s name and address; the name and address of any agent; The name of the tenant; and The address of the property being let. Duration It must state the start and end date of the tenancy; Advise if the tenancy can be renewed and how to go about this; and What the arrangements are if the tenant wishes to leave before the end of the tenancy. Deposit It must advise how much deposit is required; What the deposit will cover; The criteria to be met to ensure the full deposit is returned; How any deductions from the deposit will be agreed – possible reasons for deducting any amounts from the deposit should be made clear when the deposit is made; The procedure for how the deposit will be returned; timescales / method of payment etc; It must state that the landlord will act lawfully and reasonably in requiring any advance payments, handling rents, returning deposits and making deductions from deposits; It must provide the relevant information about the tenancy and deposit in accordance with the Tenancy Deposit Schemes (Scotland) Regulations 2011, including the name and contact details of the scheme administrator. Rent North Lanarkshire Council Standards for Shared Accommodation December 2013 It must clearly set out the amount of rent; What it covers (and if bills are not included, how they are to be dealt with); The date the first rent will be paid and the frequency of payments thereafter; How the rent should be paid (e.g. cash, standing order, direct debit etc); If any interest will be charged for late rental payments and how this interest will be calculated; That the licence holder or his/her agent shall be required to record all payments of rent. Where the rent is payable weekly, payments shall be recorded in a rent book which will be retained by the resident, otherwise, a signed and dated written receipt of each rental payment shall be issued to residents; It must advise on the arrangements for making any changes to the rent and how changes of rent will be notified to the tenant. Please note that in an Assured or Short Assured tenancy there are specific arrangements for seeking changes to the rent if you and the tenant cannot agree. Details of the procedure, and the role of the Private Rented Housing Panel are set out in the booklet ‘Assured Tenancies in Scotland; Your Rights and Responsibilities’. This booklet is available from the Scottish Government website at: www.scotland.gov.uk – Advice on the role of the Private Rented Housing Panel must be provided to your tenant. Repairs, maintenance and cleaning It must clearly set out the respective responsibilities of the licence holder and the tenant for cleaning, maintaining and repairing the property, fittings and furnishings; Where there is shared responsibility with other premises, arrangements for common areas, such as cleaning stairways and maintaining gardens etc should also be included; It must provide information on how the tenant should report any disrepair or damage, including timescales for the tenant to report the disrepair or damage, and timescales for the licence holder to respond. This includes damage caused by criminal activity or vandalism by persons other than the tenant, provided that it has been reported to the Police by the tenant or someone acting on their behalf within 24 hours of the damage occurring; Advise the tenant that they are not allowed to make any alterations to the property; Incorporate or make reference to information supplied to tenants in respect of the ‘repairing standard’ in relation to their tenancy, and of how it can be enforced through the Private Rented Housing Panel (PRHP). Dealing with emergencies and communication It must provide the tenants and adjoining neighbours with details of how they can contact the landlord or his agent in an emergency situation, or with non urgent complaints. This must include providing them with an emergency landline telephone contact number; Give clear advice to tenants on action to be taken in an emergency, especially involving the supply of utilities, e.g. advise contact number and what steps should be taken to contact the landlord as soon as possible; It should also cover relevant safety information such as the safe use of gas appliances, regular checking of smoke alarms, not tampering with fire doors etc. Access The tenancy / occupancy agreement must advise that the landlord will provide the tenant with reasonable (being not less than 24hours) notice, in writing, of the landlord’s intention to enter the property, or areas of the property to which he or his staff do not normally have access, for the purpose of carrying out maintenance, repairs or inspection and where the agreement is in the form of a lease and the licence holder retains a key for the property, the agreement will specify how the tenant will specify explicit permission for the key to be used. You must confirm that this will not restrict emergency access if necessary; It must confirm access arrangements for cleaning, security etc. Conduct-respect for others North Lanarkshire Council Standards for Shared Accommodation December 2013 It must advise that the HMO will be used as a domestic dwelling only and will not be used for illegal or immoral purposes; That the landlord or anyone visiting the property on their behalf will not commit any act of violence or form of harassment on the grounds of race, colour, gender, sexual orientation, disability or age against the tenant or anyone visiting the HMO; That the tenant and any person visiting the tenant must not commit any form of harassment or behave in a way that causes nuisance or distress to any other person in the HMO or in the locality of the HMO; That the landlord shall manage the property in such a way as to seek to ensure tenants comply with their responsibilities as set out in their lease/occupancy agreement and to prevent or deal effectively with any anti-social behaviour by tenants, to anyone else in the property or its locality; Advise on the position with regard to keeping pets and any conditions attached to this including that pets must be kept under control and not cause a nuisance to neighbours. Subletting and Visitors It must clearly set out whether the tenant may sublet, and if so what the process for this would be; and Specify any restrictions on tenants having visitors or people to stay. Dealing with complaints It must include the complaints procedure for tenants to make complaints; and State that the resident is statutorily entitled to complain to the council about any aspect of the operation of the HMO. Ending your tenancy It must advise the tenant of the process for ending their tenancy; and State that any action taken by the landlord to secure repossession will only be by lawful means. Inventory of furniture and fittings It must incorporate or make reference to an inventory of furniture and fittings which states the conditions of these items. Compliance with statutory requirements The agreement must advise the tenant of all relevant information regarding legislation affecting private sector residential tenancies and legislation relating to other activities carried on in the premises. North Lanarkshire Council Standards for Shared Accommodation December 2013
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