scheme information for managing agents

B A R N S L E Y A C C R E D I TAT I O N S C H E M E
Improving pr ivate rented homes
SCHEME INFORMATION
FOR MANAGING AGENTS
BARNSLEY
Metropolitan Borough Council
BARNSLEY
Metropolitan Borough Council
L I ST O F CONT E NT S
A I M S OF TH E B A RN S L E Y
AC C RE D I TATI ON S C H E M E
Aims of Barnsley Accreditation Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
How the Barnsley Accreditation Scheme Operates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Application Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
General Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Termination of Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Complaints and Breaches of the Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Membership Incentives and Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Barnsley Metropolitan Borough Council’s Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Barnsley Metropolitan Borough Council recognise the important
role the private rented sector can play in providing good quality
housing.
Barnsley Metropolitan Borough Council are members of
Accreditation Network UK (ANUK) and National Landlords
Association (NLA). The Barnsley Accreditation Scheme is based on
national good practice.
The aims of the scheme are to:
Tenancy Management Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Tenancy Deposit Protection Scheme / Bond Guarantee Schemes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Fire Safety Guidance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Barnsley Accreditation Scheme Awareness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Utility Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Other Service Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Tenancy Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Inventory
...........................................................................9
Anti-social Behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Pre-tenancy Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Individual Property Information Pack . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Property Checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Complaints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Managing Empty Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
•
To encourage, acknowledge, raise awareness and actively
promote good property standards and management practices by
managing agents and landlords
•
To assist managing agents, landlords and tenants to undertake
their respective responsibilities to each other
•
To encourage and acknowledge responsible behaviour by tenants
through the operation of the Barnsley Accredited Tenant Scheme
•
To ensure that the physical condition of properties, the
provision of basic amenities and management practices, are
fair and reasonable, and not liable to be prejudicial to the
health, safety and welfare of tenants or the surrounding
neighbourhood
Service Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Management Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Service Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
•
To ensure that where problems do occur they are
promptly resolved, and misunderstandings and
disputes are reduced
•
To work with Local Authorities across the
Leeds and Sheffield City Region to develop a
cross-boundary approach to accreditation
During a Tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Houses in Multiple Occupation: Licensing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Over-crowding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Ensuring Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Access
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Conduct
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Repairs and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Visual Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Council Tax
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
At The End Of A Tenancy
Termination of Tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Inventory
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Council Tax
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Tenancy Deposit / Bond Guarantee Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Legal Note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
References
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
3
HOW T H E B A R NSL EY AC C REDITATION
S CH E M E OPE R AT E S
Application Process
Managing agents are required to submit an application form and sign
a declaration. Full details are available in the membership application
form.
On receipt of an application BMBC will ensure as far as is reasonably
practicable, that the managing agent is responsible, competent and
suitable to be a member of the Barnsley Accreditation Scheme.
Following successful application, the managing agent will then be
awarded accreditation status by BMBC, and will be issued with:
•
•
•
•
•
A Membership Card and number
A Membership Certificate
A ‘Membership Information Pack’
A ‘Tenant Information Pack’ for every property in their portfolio
Access to the range of benefits and incentives attached to the
scheme
H OW TH E B A RN S L E Y AC C RE D I TAT IO N
S C H E M E OP E RATE S
Members of the Barnsley Accreditation Scheme must ensure that in
addition to complying with the requirements of the Scheme, they
also comply with their legal obligations.
The Barnsley Accreditation Scheme is free to join; however, BMBC
will periodically review the operation of the Scheme and reserves
the right to introduce a membership fee at a later date.
Termination of Membership
To terminate membership, one month’s notice should be supplied in
writing to the Accreditation Officer. Arrangements should also be
made to return the member’s ID card, the Membership Certificate
and any other items supplied as part of the membership package.
Complaints and Breaches of the Scheme
The Barnsley Accreditation Scheme will operate a Steering Group,
which will consist of scheme members including landlords, managing
agents, representatives from local landlord associations and council
officers. The Steering Group will meet quarterly to discuss scheme
progress, any emerging issues, and the promotion of the scheme. In
addition the Steering Group will have a role to play in the planning
of member forum events and trade fairs.
The main function of the Steering Group is to ensure that through
its activity the Barnsley Accreditation Scheme continues to be fit for
purpose, and makes a positive contribution to improving property
conditions and management standards in the private rented sector.
Breaches of the requirements of the Barnsley Accreditation Scheme,
or formal complaints about the operation of the scheme shall be
dealt with in the first instance by the Accreditation Officer.
Should matters fail to be resolved, they will be referred onto the
Group Leader for Strategy and Commissioning, BMBC Strategic
Housing, who will consider the nature of the breaches or the
complaint and will make a decision.
Should the member wish to appeal the decision, the matter shall be
passed onto the Assistant Director for BMBC Strategic Housing,
whose decision will be final and binding.
General Information
Membership of the Barnsley Accreditation Scheme will last for three
years, at which point membership can be renewed.
BMBC reserve the right to withdraw, change or add to the benefits
and incentives of the scheme subject to one month’s notice to all
members.
The Barnsley Accreditation Scheme comprises an element of selfregulation and accordingly relies on a degree of goodwill and trust
on the part of managing agents.
4
The Barnsley Accreditation Scheme will be reviewed after the first
full operational year, and bi-annually thereafter. The review will be
carried out in consultation with the Steering Group, and with the
members of the scheme. The regular reviews will facilitate continual
improvements in the scheme, and will ensure that new developments
in legislation, standards and good practice are taken account of. The
review process will ensure that the scheme continues to be fit for
purpose.
Managing agents who lose their accredited status will no longer be
participants of, or eligible for any of the benefits of the Barnsley
Accreditation Scheme. They must return the membership card and
certificate, and any other items supplied as part of the membership
package to BMBC.
The Assistant Director for BMBC Strategic Housing will consider
the reinstatement of accreditation status if the managing agent is
able to demonstrate that following remedial action they are capable
of meeting the requirements of the Barnsley Accreditation Scheme.
5
M E M B E RSHIP INCE NTIVES AND BENEF ITS
B A RN S L E Y M E TROP OL I TA N BORO UGH
C OU N C I L’ S RE S P ON S I BI L I TI E S
•
Property Accreditation Grants of up to £500 per property,
available to the property owner (subject to availability)
Barnsley Metropolitan Borough Council (BMBC) will:
•
£100 saving on Mandatory Licence fees for Houses in Multiple
Occupation: Members £225, Non-members £335
•
•
Any housing complaints received by BMBC to be referred back
to the accreditation scheme member in the first instance, for
resolution
Free advice from BMBC Regulatory Services regarding Housing
Legislation, Regulations and Codes of Practice, Pest Control,
Drainage, Noise Nuisance, Statutory Nuisance and Air Pollution
•
Work closely with managing agents, landlords, the local bona fide
landlord associations and other key private rented sector
stakeholders
•
Facilitate the Barnsley Accreditation Scheme Steering Group
•
Administer and monitor the Barnsley Accreditation Scheme, and
carry out a programme of random compliance checks on
management practices
•
Maintain a database record of accredited managing agents,
accredited landlords, accredited properties and accredited
tenants
•
Be responsible for the issuing, administration, suspension and
revocation of accredited status
•
Membership Card
•
Membership Certificate
•
Member liaison emails and updates regarding industry
developments
•
Free advertising of Members contact details on BMBC website
(with prior agreement)
•
Quarterly Housing market bulletin reports
•
Free tenant finding facility
•
Invitations to Member Forum meetings
•
Free advice regarding tenancy related support
•
Invitations to Private rented trade Fairs
•
Free tenant reference checking facility available for previous
Berneslai Homes tenants
•
Accredited tenants scheme, with certificates for qualifying
tenants
•
Be responsible for the issuing of ‘Accredited Tenant’ Certificates
•
Free advice from BMBC Neighbourhood Safety Unit on
problems with tenants relating to Anti-Social Behaviour
•
Members Information pack which includes full details of all
incentives and benefits, in addition to a variety of useful websites,
electronic documents and leaflets
•
Provide general help and advice on the Barnsley Accreditation
Scheme standards
•
Free advice on managing empty properties
•
Provide information on changes and likely pending changes in
legislation through forums, fairs and newsletters
•
Provision of ‘Tenant Information packs’ to be made available in
each property
•
Provide advice on energy efficiency measures
•
Actively promote the Barnsley Accreditation Scheme across its
geographical area
•
Issue members with a membership card and certificate
•
Allow use of the Barnsley Accreditation Scheme name by its
members, for promotional purposes
•
Give reasons in writing if the managing agent’s application to join
the Barnsley Accreditation Scheme is unsuccessful
•
Provide a range of membership benefits and incentives
•
Regularly consult with Barnsley Accreditation Scheme
stakeholders and act positively on feedback
•
To work with Local Authorities across the Leeds and Sheffield
City Region to develop a cross-boundary approach to
accreditation
•
Specialist advice and assistance on tackling Anti-Social Behaviour
available from BMBC Neighbourhood Safety Unit (fees may
apply)
•
Dedicated contact in the BMBC Housing Benefit Department for
complex cases and complaints
•
Referral point for tenancy related support queries
• Dedicated Accreditation Officer to provide advice, assistance and
support regarding the accreditation scheme
standards
•
The opportunity to influence the
council’s private rented sector housing
policies
• The opportunity to work with the
council providing accommodation for a
wide range of service and individuals
• Market advantage when letting
properties, and offering management
services
6
7
TE NA NCY MA NAG EMENT S TANDARDS
Some of the standards listed below will only apply, depending on the
level of service provided by the Managing Agents to their clients
(landlords) eg. letting only, letting and rent collection and full
management. The service level provided should be clearly stated in
the ‘Terms of Business’, and where applicable will meet the relevant
standards stated below:
Tenancy Deposit Protection / Bond
Guarantee Schemes
Members of the scheme must use a Tenancy Deposit Protection
Scheme, if a deposit is required. It is the managing agents
responsibility to ensure that tenants receive the relevant scheme’s
terms and conditions and that the tenant also receives a notification
from the scheme provider which proves that the deposit is
protected by the scheme. Alternatively, tenants may wish to access a
bond guarantee, via a Bond Guarantee Scheme. Members of the
Barnsley Accreditation Scheme should accept bond guarantees, in
respect of tenants.
TE N A N C Y M A N AG E M E N T S TA N DA R DS
Fire Safety Guidance
Other Service Charges
Clear guidance on fire safety will be provided to residents by
managing agents at the commencement of the tenancy.
Where any service charges are made by the managing agent, the
method of arriving at such charges shall be properly specified and
detailed in the tenancy agreement.
Barnsley Accreditation Scheme Awareness
Upon request, managing agents will provide bank account details to
the tenant in order for them to pay rent, deposits, utility or service
charges.Where transactions are undertaken in cash or cheque a
written receipt will always be provided by the managing agent.
Tenants shall be given a copy of the Barnsley Accreditation Scheme
and the Barnsley Accredited Tenants Scheme at the commencement
of their tenancy. Sufficient numbers of copies for this purpose will be
provided by BMBC.
Tenancy Agreements
Utility Charges
The tenant is clearly informed as to who is responsible for the
payment of all utility charges and Council Tax and that this
responsibility is accurately stated in the terms of the tenancy
agreement.
There shall be a proper written tenancy agreement, a copy of which
will be given to the tenant.
Tenancy agreements shall be written in clear legible English
containing no contractual terms in conflict with any statutory or
common law entitlement of the tenant, or the terms of the Barnsley
Accreditation Scheme.
Tenants shall be issued with a clear statement of the rent due to be
paid, including the dates, amounts and method of payments due to
be made during the contract, in addition to any other fees payable
and any arrangements with a tenant’s guarantor.
Inventory
A detailed inventory shall be carried out at tenancy check-in and
check-out, if possible in the presence of the tenant. Good practice
would be to ensure that the inventory includes all the contents,
fixtures and fittings and their condition. The inventory will be
initialled on all pages by both parties and signed and dated by them
on the last page.
Anti Social Behaviour (ASB)
Managing agents are expected to proactively manage any anti-social
behaviour linked to their tenants/properties and co-operate with
agencies engaged in tackling anti-social behaviour. Guidance should
be issued to tenants regarding their expected conduct in relation to
anti-social behaviour. Specialist advice on tackling ASB is available on
request.
Pre-tenancy Repairs
The name and current business address of the landlord is stated on
the agreement together with the address and telephone numbers of
the managing agent or person(s) acting on behalf of the landlord
including the provision of emergency contact numbers.
At the commencement of the tenancy, or another date mutually
agreed with the tenants, all obligations on the part of the managing
agent in regard to the repairs and property maintenance and
improvements will have been fully discharged. Any agreed pretenancy repairs or any intentions on the part of the managing agent
to undertake upgrading should be confirmed in writing to the
tenant.
The tenancy agreement shall contain appropriate clauses in relation
to anti-social behaviour.
Individual Property Information Pack
The standard of cleaning and condition of the property expected at
the end of the tenancy should be clearly stated to the tenant, to
avoid misunderstandings.
Tenants shall be made aware of their responsibilities regarding the
upkeep of the property.
Monies are only received prior to the signing and completion of a
tenancy agreement as a non-returnable deposit, if the property is
reserved for an agreed specified period, and for which a receipt
must be given. Any incidental costs likely to be incurred should be
clearly stated in writing.
Where a fee is chargeable for arranging a tenancy agreement, then
prospective tenants should be clearly informed of this in advance.
8
If requested, prospective tenants are allowed 24 hours to seek
independent advice regarding the tenancy agreement.
Individual Property Information Packs should be made available in
each property, and must include:
•
•
Copy of Gas Safety Certificate
Copy of Energy Performance Certificate (where applicable)
In addition, Individual Property Information Packs should also
include, where possible:
•
•
•
Instructions for space heating and hot water heating
Location of gas and electricity meters, and water stop-cock
Instructions on any appliances provided
A ‘Tenant Information Pack’ can be provided by BMBC upon request.
The intention being that this can be kept along with the items listed
above.
9
TE NA NCY MA NAG EMENT S TANDARDS
S E RVI C E S TA N DA RD S
Property Checks
Management Standards
During the tenancy the agent will:
Properties should be checked by the managing agent during the
tenancy (with 24 hours prior notice to the tenant). As part of the
check the managing agent should ensure all fire detectors are in
working order.This forms part of the ongoing management of the
property and the tenancy.
In addition to the aforementioned ‘Tenancy Management Standards’,
managing agents will also be required to have the following in
respect of their clients (landlords):
•
Complaints
•
•
•
Managing agents are required to have a written procedure for
dealing with complaints, which is given to each tenant and client at
the start of the tenancy or service agreement that makes clear:
•
•
•
•
•
•
•
•
•
•
•
The purpose of the complaints procedure
How the complaint should be made
How and by whom it will be considered
How long it will take
The procedure should aim to resolve complaints quickly and fairly so
that a line can be drawn under them and the parties can move onto
a more constructive relationship for the remainder of the tenancy.
The procedure should have at least three stages.The intention is to
resolve complaints as early as possible, ideally at stage one.The later
stages should be available if this not possible.
The Housing Ombudsman Service provides good practice guidance
in relation to complaints procedures (link to guidance in
membership pack). In addition, managing agents can also voluntarily
join the Housing Ombudsman Service, which offers an impartial,
careful and cost-effective review of complaints and disputes after the
managing agents procedures have been followed. Please note that
fees are chargeable.
Managing Empty Properties
Empty properties must be kept safe and secure in the most
appropriate manner for its location. Advice regarding the
appropriate security measures for an empty property can be
provided if necessary e.g. no additional measures required, net
curtained and alarmed, security screens etc.
The empty property should be kept in a condition that does not
detriment the surrounding neighbourhood.The garden/yard should
be kept tidy and free from rubbish. Hedges, grass and vegetation
should be tended. Internally, the water stop tap should be turned off
to prevent any water damage occurring to neighbouring properties
should any leak occur.
When empty properties are ready for letting they should be safe,
secure, clean and all services in working order.
Service Standards
Some of the standards listed below will only apply, depending on the
level of service provided by the Managing Agents to their clients
(landlords) e.g. letting only, letting and rent collection and full
management. The service level provided should be clearly stated in
the ‘Terms of Business’, and where applicable will meet the relevant
standards stated below:
Before the letting the agent will:
•
•
•
•
•
•
•
•
•
•
•
10
A written statement of their service details and charges
Separate client bank accounts, and meet defined accounting
standards
Professional indemnity insurance
Customer service standards
A written complaints policy and procedures
Client money protection insurance cover
A statement of their tenant selection procedures and how they
check references
A procedure and timescale for the transfer of rental receipts
A written contract for their client
Visit the property and give the client advice on any action
needed before the property is let.This includes any repairs and
refurbishments that are needed to ensure the property is safe
and free from category 1 hazards (in relation to the Housing and
Health Safety Rating System, link to guidance in membership
pack)
Give advice on the level of rent expected
Arrange for safety checks on gas and electrical appliances to be
carried out, upon request
Explain the landlords rights and responsibilities and the tenant's
rights and responsibilities
Give advice on what action to take if the property is mortgaged
Give advice on insuring the building and contents and other
insurance schemes which may be available to protect their
interests and which are not normally covered in standard
household policies where a tenant is in residence
Accompany prospective new tenants to view the property
Choose a tenant in a way agreed with the client, taking up
references or checking the tenant's past rent payment record
Arrange and carry out a check-in and check-out inventory with
the tenant, if possible
Provide and fill in a tenancy agreement and take a tenancy
deposit, making use of a national tenancy deposit scheme
Transfer the bills for the services for which the tenant will be
responsible into the tenant's name
•
•
•
•
•
Collect the rent and pass it on to the client every month, or as
otherwise agreed
Provide a statement of account as often as agreed with the
client, usually monthly
Keep separate clients' account to hold all money and belong to
Clients' Money Protection Scheme
Visit the property periodically during the course of the tenancy
as often as agreed (for example, every three months) to check
that it is being looked after
Arrange to have routine maintenance work carried out, up to a
limit agreed with the client.The agent will refer expenditure
above that limit to their client for approval
Respond promptly to the tenant's enquiries
Keep an eye on the rent payment record and take reasonable
steps to prompt payment of any money owed
Before the tenancy ends the agent will:
•
Provide advice on the client’s options including reviewing the
rent
Should the client wish to end the tenancy, the agent
will:
•
•
•
Serve the correct notices on the tenant
Check the condition of the property and any contents and
discuss any repairs with the client before giving the deposit back
or arranging for repairs
Collect the keys and make sure that the property is secure
11
D U R I N G A T E NA NCY
D U RI N G A TE N A N C Y
Houses in Multiple Occupation Licensing
In the case of Mandatory licensed HMOs, where an HMO
licence includes a particular condition that is different to a
requirement of the Barnsley Accreditation Scheme, then
compliance with the HMO licence condition will take
precedence, or necessary repairs to comply with the Housing
Act 2004.
Applications should have been made for Mandatory HMO
licences, for all applicable properties, and those properties
should meet or will comply with licence conditions within
agreed timescales to ensure compliance with the national
minimum standards.
Managing agents will also notify BMBC of the non-licensable
HMO properties they are managing.
Overcrowding
Properties are not knowingly overcrowded
Repairs and Maintenance
All properties are maintained in a satisfactory state of repair.
As far as is reasonably practicable the following repairs completion
performance standards should be worked towards:
Emergency Repairs
Any repairs required in order to avoid a danger to health, risk to the
safety of residents or serious damage to buildings or internal
contents - within 24 hours of report of defect. For example,
structural damage or broken heating systems. In circumstances
where this is not practicable, managing agents will make best
temporary arrangements.
Urgent Repairs
Repairs to defects, which materially affect the comfort or
convenience of the residents, for example minor leaks or electrical
repairs - within 3 working days of report of defect.
Priority Repairs
Repairs which are not emergency or urgent, but are still a priority,
for example a leaking roof or broken extractor fan – within 7
working days.
Ensuring Possession
Maintenance and Servicing tasks which can be carried out in a
planned and cyclical manner and which are the responsibility of the
managing agent, are carried out with due regard to the convenience
of tenants.
With the exception of emergencies, tenants will be notified prior to
attendance by contractors to undertake repairs.
Where contractors and trades persons are undertaking works in
occupied premises, it is written into the contract that they remove
all redundant components and debris from site on completion of
works in a reasonable time and behave in a professional and
courteous manner at all times whilst at the premises.
Visual Appearance
Within the Managing Agents responsibilities and reasonable
endeavours the visual appearance of properties, outbuildings, gardens
and yards and boundaries are:
•
New tenancies do not commence until the existing one has
finished.
Non Urgent day to day repairs
Reactive repairs not falling within the above categories for example
plastering or guttering - within 25 working days of report of defect.
Access
With the exception of Emergency Repairs, the date on which the
repair was reported to the managing agent shall be the start date for
the repairs completion timescale.
Where access is required for routine inspections or viewings,
the tenants should receive notification of the date, time and
purpose of the visit not less than 24 hours in advance in
writing, unless otherwise agreed, and with the exception of
circumstances where this notice period is impracticable.
Tenants’ privacy and entitlement to unnecessary intrusion is
respected.
for are made good within a reasonable timescales if damaged or
disturbed during repairs.
Decorative finishes for which the managing agent has responsibility
•
•
Maintained in a reasonable state so as not to detract from the
visual amenity of the area
Kept free from refuse and other waste materials, and
Any accumulations of refuse and waste materials will be
removed within a reasonable timeframe upon notification from
BMBC.
Council Tax
Managing agents to inform Council Tax when a new tenant moves in.
Conduct
Business is pursued by managing agents in a professional,
courteous and diligent manner at all times, and they do not act
in such a manner that brings the Barnsley Accreditation Scheme
into disrepute.
12
13
AT T H E E ND OF A TENANC Y
C ON TAC T I N F ORM ATI ON
For further information
Write:
Accreditation Officer
Barnsley Accreditation Scheme
Strategic Housing
PO BOX 634
Barnsley
S70 9GG
Telephone: 01266 774430
Fax: 01226 772995
E-mail: [email protected]
Termination of tenancy
All tenancies are terminated using the appropriate legal process.
Inventory
There is a proper check-out inventory, if possible in the presence of
the tenant.The inventory will be initialled on all pages by both parties.
Council Tax
Managing agents to inform Council Tax when a new tenant moves out,
and provide a forwarding address if possible.
Tenancy Deposit / Bond Guarantee
Arrangements
Following agreement of the check-out inventory and final settlement
of the tenants rent account, all tenancy deposits (or balances on
deposits) shall be returned to tenant, within the timescale agreed in
the tenancy agreement. Similarly, Bond Guarantees will be discharged
with the scheme provider.
If the managing agent wishes to make a claim against the tenancy
deposit or the Bond Guarantee, an explanation is to be provided to
the tenant as to why this is necessary, and the appropriate procedures
followed.
14
Legal Note
The Barnsley Accreditation Scheme is operated on a self-regulating basis, and is only
subject to random compliance checks. Upon this basis BMBC cannot make any
representation nor warrants and no warranty shall be implied that BMBC has approved,
or in any way endorsed any particular property, landlord, managing agent or tenant.
BMBC shall not be liable to any person or persons for any information contained in the
Barnsley Accreditation Scheme or supplemental document or reliance upon it or for any
loss, damage or injury or any disputes proceedings or claims by or between any person
or persons (and whether or not including or against BMBC) whatsoever or howsoever
arising from any information herein contained or any supplemental document.
References
•
‘Model Accreditation Scheme’, Accreditation Network UK (ANUK), 2007.
•
Barnsley’s Private Rented Accreditation Scheme, 2004
•
‘Operating Guidance’, Housing Health & Safety Rating System (HHSRS), 2006
•
Housing – Fire Safety Guidance, LACORS, 2008
•
National Approved Letting Scheme, 2010
15