Student Housing Guide
Introduction
This booklet has been produced by the University of Cumbria to guide you through
the process of finding accommodation in the private sector. It contains advice on
what to consider when viewing a property, the charges you will be expected to pay
plus information on contracts and your rights as a tenant.
Often students feel pressured into making quick decisions without enough
information to base those decisions on. There is plenty of good quality student
accommodation so there is no need to sign any contract without first giving it some
thought.
This guide aims to help you make informed choices by answering some of the most
frequently asked questions and equipping you with the basic knowledge to avoid the
most common problems.
If you require any questions relating to information in this booklet, or you have any
worries before signing a tenancy or once you have moved in to a property, please
contact:Jan Carruthers
Accommodation Office, Fusehill Street Campus
Tuesday 8.30am-5pm, Wednesday 9am-3pm, Friday
8.30am-5pm
Tel 01228 616206
Accommodation Office, Brampton Road Campus
Thursday 9am-12.30pm
Tel 01228 400369
[email protected]
Stephen Clapp
Lancaster Campus
Monday – Friday, 9am-5pm
Tel 01524 384336
[email protected]
Nicola Calman
Ambleside Campus
Monday 9.30am-3pm
Tuesday, Thursday and Friday 9.30am-1.30pm
Tel 01539430224
[email protected]
Vanessa Irving
Commercial Services Manager
Accommodation Office, Fusehill Street Campus
Monday- Friday 8.30am-5pm
[email protected]
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Student Behaviour in Private Sector Accommodation
The University’s Code of Conduct requires that students behave in a socially
acceptable manner and refrain from conduct which may damage the University’s
good name. This applies to behaviour both on and off the University’s premises.
Students living in the private sector should be aware that they may be living in an
area where neighbouring families have young children, or there are elderly people
who need to have undisturbed rest. There may be neighbours who work on shifts
and require sleep during the day. Students should be aware that it is illegal to create
unacceptable noise disturbance or to behave in an intimidating manner towards
those living nearby and the general public. The University, whilst not wishing to
unduly restrict the freedom of individuals, is anxious to ensure any problems are
minimised and if possible eliminated.
Students should not cause any damage to property.
Students should be particularly careful not to contravene any legal
requirement.
The University may take action against any student living in private sector
accommodation who breaches the Regulations for Students by behaving in
an unacceptable manner.
The NLA Accreditation Scheme
The NLA Code of Practice (CoP) is designed to raise and maintain standards in the
private-rented sector. It sets out the standards of good practice that landlords are
expected to observe in connection with the letting of their properties, and it seeks to
promote good relations between landlord and tenant by ensuring a good standard of
service to tenants. Accreditation is becoming increasingly important and has been
adopted by councils as a way of ensuring that goods and services are safe within the
private rented sector. NLA Accreditation is purely based on Landlord Development
and good management practice. The University strongly recommends that you only
sign a contract if the Landlord is accredited with the national landlords association.
Studentpad landlords for Cumbria all need to be registered with the NLA before
advertising their properties to students. For our Lancaster campus, we are now in
partnership with Lancaster- University Homes who operate an approval scheme for
student housing in Lancaster. All of the properties listed have been checked that
they comply with current safety legislation and that they meet their minimum
standards for quality and management. They have the backing of Lancaster City
Council and a growing list of interested landlords – large and small – across the city.
The Voluntary Code of Standards
There is no typical landlord. Some landlords bend over backwards to help their
tenants whilst others offer a less than perfect service. To address this, the University
has a Voluntary Code of Standards for Landlords, copies are available from the
Accommodation Office. The purpose of the Code is to encourage landlords to
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conduct their business in a professional manner and to carry out repairs promptly.
The criteria in the code have been chosen to reflect common sense obligations and
responsibilities and to set standards which are achievable. Adoption of the code by a
landlord is voluntary. Accommodation Services will clearly identify accredited
landlords who are signatories on accommodation lists.
University Managed Housing (Head Lease Houses)
The University of Cumbria rents properties in Carlisle and Ambleside. These range
from 3 to 12 bedroom properties. Renting one of these houses is a good way to
secure housing of a suitable standard; with the peace of mind that the University are
there to sort out any problems you may have with the accommodation.
Head Lease Houses are usually let on a 44 week contract and the rent is payable by
card payment in 3 instalments directly to the University. All properties/landlords have
reached accreditation standards. You can apply for Head Lease properties from
January.
Types of Accommodation
StudentPad offers an up to date online list of accredited properties offered to
students by landlords. The properties are online from December preceding the start
of the next academic year. This enables students to view properties and secure
them ready for their return to University the following September.
Private rented sector accommodation falls into two main categories:
Furnished flats and shared houses
This type of accommodation usually involves having your own bedroom but
sharing the communal facilities with other tenants. Bills may or may not be
inclusive of the rental price.
Lodgings
This type of accommodation usually involves occupying a room in a family
home or with a single homeowner and living as part of that household. The
accommodation can be either catered or self-catered. Lodgings are generally
of a good standard and inclusive of gas and electricity bills.
House Hunting
The key to effective house hunting is to get organised before you start. Never visit a
property alone and try to avoid viewing after dark if possible. Check the route to and
from the property and be aware of any possible danger areas nearby.
Don’t put yourself under pressure, there’s no rush. There is a plentiful supply of
furnished rented accommodation, but choices are inevitably more limited by late
summer. Some landlords will not be able to meet you on the day you call. Try to
make appointments during daylight so that you can take a good look at the internal
and external environments. Make sure all the people you intend to share with have a
chance to view the property.
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Ask the landlord if you can take a copy of the contract away with you to read before
signing. Make sure you understand all the terms and conditions and if anything is
unclear, seek advice from Accommodation office team and/or The Students’ Union.
We will offer you as much help and advice as possible but you have to make the
decision on whether a house is right. Let the landlord know whatever decision you
reach as soon as possible as other students may be interested in the property.
Above all, be patient.
A checklist is provided at the back of this guide to help you decide if the
accommodation you are viewing is both safe and suitable. View a few properties so
you get an idea of rent levels and standards of accommodation and never sign a
contract without having made a thorough inspection. Do not take the first place you
come across unless it meets all your requirements.
Ask yourself the following questions:Who, and how many people, do I want to live with?
They say you only get to know someone once you start living with them! You
will be spending a lot of time with the people you decide to share a house
with, so it’s best to make sure you can stand their company for longer than
just a night out!
Before you decide to form a group and go house hunting you should have a
frank discussion about your expectations of house sharing - rules about
guests, noise, cleaning, washing-up, sharing food, bill payment, when to use
heating etc.
Spending time discussing these matters now will avoid problems occurring
later. Decide how many people you want to share with and choose your
future housemates carefully. One of the most common problems in houses
relates to members of the group falling out.
How much can I afford?
As well as the rent which will probably be payable monthly or termly in
advance, you will be expected to pay a damage deposit, gas and electricity
bills, etc. Depending on your contract you may have to pay water rates also.
What’s included in the rent?
Check to see what’s included in the rent (eg utility bills/water rates). Also
check what fittings and fixtures actually belong in the property and which are
the property of the current tenants (such as television, microwave etc).
Similarly if items such as a telephone or washing machine are not present
check to see if there is a telephone line in the property/plumbing present –
this can cost a lot of money to install and you may be able to get the landlord
to agree to installing it (get a written commitment from the landlord if this is
the case).
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Where do I want to live?
Be realistic about areas, not everyone can live adjacent to the Campus.
Check what amenities are close by for example supermarkets, post offices,
bus stops etc.
Housing Act 2004
The Housing Act (2004) meant major changes to private sector housing and had an
impact on private sector landlords and how they operate. The definition of Houses in
Multiple Occupation (HMO) as defined by previous Housing Acts, changed with
effect from 18th January 2005. The introduction of a new definition now means that if
two or more unrelated tenants are sharing a property, it is classed as a HMO.
Tenants who have previously been considered a single household, such as students,
will now be defined as multiple households and the property they occupy a HMO. All
HMO’s are subject to set standards in relation to facilities, amenities and Fire Safety
standards and new guidance from the Office of the Deputy Prime Minister (ODPM) is
still being sought about the revised amenity standards.
The Act has introduced mandatory licensing of HMO’s which are three or more
storeys (cellars count as a storey) and are occupied by five or more people. A
person controlling or managing a HMO must have a license for each property.
Conditions will apply to the license in relation to gas, electrical and fire safety. It will
be an offence not to have a license when one is required, and failure to have one will
be punishable by a fine of up to £20,000.
Charges
In addition to rent, you should consider the following charges:
Summer Retainer
If, during the Spring or Summer term, you find a property you would like to live in
for the following academic year, the landlord may ask you to pay a Summer
Retainer to reserve the property until you take up occupation in September. This
is usually a lump sum of about £100 or a nominal rent of up to £10 per week for
the Summer vacation period, which is around 12 weeks (but will depend on the
length of the contract the landlord offers). A retainer is normally nonreturnable so, should you decide after paying not to move into the
property, it is unlikely that you will get your money back. You should obtain
a written receipt from the landlord when you pay the retainer. It is also advisable
that you check with the landlord whether you can leave items in the property
during the summer.
Damage Deposit
A damage deposit is usually charged by private landlords either before or at the
start of the tenancy. The amount varies from one landlord to another but the
average is between £150-250. This deposit is returned at the end of the tenancy
provided that you have not damaged the property (fair wear and tear excepted).
See page 11 for details of the Tenancy Deposit Scheme.
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Gas and Electricity
Most rents do not include fuel bills. When you move in you will need to take
meter readings and open an account (in all the names of the tenants) with your
chosen supplier of gas and electricity (it is advisable to check with the landlord
whether or not he is happy for you to change the gas and electric supplier). You
should do this as soon as you move in to avoid complications should the previous
tenants have an outstanding bill. When you leave, inform your supplier that you
are leaving, take a meter reading and obtain a final account. Some suppliers
may require you to pay a deposit. If possible, check with previous tenants for
average running costs and for the details of who is supplying the gas and
electricity.
Water rates
Water rates are usually paid by the landlord but you should check your contract
to see who is liable. If your contract states that the tenants are responsible for
paying the water rates then you should arrange to make the payments monthly
so that you only pay for the length of your tenancy agreement.
Insurance
The landlord will be responsible for insuring the building and the furniture and
furnishings he/she has provided. You are responsible for insuring your own
personal possessions including any furniture you provide.
Television Licence
At home one TV licence covers all TV sets in the house. However, living in a
House of Multiple Occupation where each student has a separate tenancy
agreement, each student also needs a separate TV licence for their own TV.
Students on a joint tenancy may only need one licence to cover all sets in the
property.
Council Tax
Council Tax is payable to the local council to pay for local public services and is
based on the value of the property. If all the occupants of the property are fulltime students during the period stated on the tenancy agreement, the property
will be exempt from council tax. To claim the exemption, take your enrolment
form to Academic Registry who will issue an exemption certificate which you
should pass on to your landlord. However, if one adult occupant of the property
is a part-time student or a non-student, 75% of the council tax will be due on the
property and if two or more adult occupants of the property are part-time
students or non-students, full council tax will be due on the property.
If any of the occupants finish their course and continue to stay in the property
over the summer vacation, a 50% charge may be payable. You need to check
your tenancy agreement to see who will be liable for council tax if any becomes
due.
If you are a part-time student you should discuss council tax with the landlord
before you agree to take up a tenancy. The landlord may only accept you as a
tenant if you agree to pay a higher rent to cover his Council Tax charges which
result from your occupation of the property. If, as a part-time student, you are
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entitled to claim Housing Benefit, you may be entitled to claim an increase to
cover the extra cost incurred. Any agreement made between you and the
landlord should be in writing and signed by both parties.
Parking
In most areas in the city permit parking is in operation. If you require a permit to
park at your property you should contact the City Council. You will need to have
received your permit before you arrive at the property. Visitor permits are also
available.
Please be considerate to your neighbours when parking outside the property, you
may find that there are 4 car owners living in your house – you won’t all be able
to park right outside the door.
Tenancy Agreements
Understanding the contract between you and your landlord is very important. There
are certain statutory rights that you have as a tenant which nothing in your
agreement can alter (despite what your landlord might think). These rights were set
out in the Housing Act (1988) and amended in 1996. If you do not sign a tenancy
agreement, you have an Assured Shorthold periodic tenancy which gives you less
security.
Assured Shorthold Tenancies
Assured Shorthold Tenancy Agreements are the most common type of tenancy
given by property owners. To ensure it best suits your needs Accommodation
Services provides blank tenancies to landlords of accredited properties who are
on the University’s accommodation list. Where a property is let to University of
Cumbria students, the length of the contract will normally be between 40 and 44
weeks (the period may be subject to negotiation between you and the landlord).
Such a period gives you security for the academic year (if you keep to the terms
of the tenancy) but means you, as well as the landlord, are committed to the
tenancy for that period.
At the end of the period fixed in the agreement the landlord can seek possession
of the property. An Assured Shorthold Tenancy can be either for a fixed term (if
there is a set date when the tenancy will end) or open ended. If the agreement is
open-ended (if the landlord has not specified the length of the contract) then after
six months your landlord can obtain a possession order at any time provided he
has served you with at least two months notice to quit. Landlords can also seek
possession of the property during the tenancy if they have ‘grounds for
possession’ under the Housing Act 1996. Examples include if a tenant is in rent
arrears of more than two months or if he/she is causing or likely to cause a
nuisance to the other tenants or neighbours. Details of these grounds are
available from the Accommodation Office. There is a procedure that landlords
must follow if they are seeking ‘grounds for possession’. If your landlord is
seeking possession please discuss this with the Accommodation Officers or
Students Union or seek legal advice. A tenant can terminate an open ended
contract at any time after serving the landlord with at least four weeks notice in
writing, or if your rent is payable termly you must give one term’s notice.
If you want to terminate your fixed term contract before the end of the tenancy,
you can only do so if there is a clause in the contract which permits it, if your
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landlord agrees to it or if your landlord allows you to find a suitable replacement.
Failure to seek permission from your landlord to break the contract could lead to
court action for the unpaid rent up to the end of the tenancy.
If you are uncertain about your contract, get it checked before you sign. The
Accommodation Office or Students’ Union will be happy to do this for you and
can explain any implications.
Joint Tenancies
Joint tenancies are where all the occupants sign one agreement to rent an entire
house rather than signing individual contracts. The type of tenancy is likely to be
an Assured Shorthold Tenancy. With this type of tenancy you will have the rights
and obligations of an individual tenant but also hold these rights and obligations
as a group. As such this type of tenancy is recommended for formed groups of
friends.
When a joint tenancy has been entered into, the landlord wants a fixed rent for
the whole house irrespective of how many students are living there. This means
that if a student drops out of his/her course and goes home, the remaining
students in the house will have to cover the rent of the student who has left. In
this situation the remaining students would have to take legal action against the
student who has left to recover their money.
In some cases your landlord may consider you to be joint tenants when in fact
you are individual tenants. If in doubt seek advice.
Other Tenancy Contracts
Your landlord can serve notice that the tenancy is not an Assured Shorthold
Tenancy. On these rare occasions you will either be a Fixed Term or a periodic
Assured Tenant.
Landlord’s Responsibilities
Landlords have a duty to ensure the safety of their properties for tenants. These
duties are laid down by legislation and are as follows:
Gas Safety
This is extremely important. A small number of students in Britain have died in
the last few years from carbon monoxide poisoning resulting from badly installed
or maintained gas appliances. Legislation requires your landlord to carry out a
gas safety inspection on all gas appliances at least once every 12 months. The
servicing must be carried out by a Council of Registered Gas Installers (CORGI)
engineer. You have a right to a copy of your landlord’s current Gas Safety
Certificate and should request a copy prior to entering into the tenancy
agreement and a renewed copy if the certificate expires during the tenancy.
Carbon monoxide is a gas which is highly poisonous. It has no colour or taste
and so can be difficult to recognise. With enough air, burning domestic fuels
produce carbon dioxide and water vapour in safe amounts and these products
are normally taken away by a chimney or flue. However, if there is too little air
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and the air vent, chimney or flue is blocked, any carbon monoxide produced
cannot escape. Look out for:
stains, soot or discolouration around a gas fire.
yellow and wobbly flames may mean there is a problem – the flame
should be blue.
you may feel sleepy or have headaches when the fire is on
the windows steam up when you switch the fire on
If you are at all worried that a gas appliance is faulty, switch it off immediately. Call
Transco 0800 111 999 immediately. They provide a free 24 hour service. Contact
your landlord and notify them about the problem. If they have not made any effort to
rectify the problem after a reasonable period of time, contact the Accommodation
Office or the Health and Safety Executive. If Transco disconnect a heating appliance
then the landlord must provide you with emergency heating.
Remember - never attempt to repair a gas appliance yourself and never block up air
vents, even if there is a draught.
Electrical Safety
From 1st January 1997, regulations require landlords to ensure electrical
equipment is safe and, in particular, does not carry a risk of death or injury to
persons or damage to property. Check that your landlord has had all wiring and
electrical appliances inspected by an NICEIC approved contractor and ask to see
his/her Electrical Safety Inspection Report (the University recommends that
fixed installations and wiring should be tested for safety every five years.)
Remember - never attempt to repair electrical faults yourself. Always report the
fault as soon as possible in accordance with the method agreed with the
landlord.
Furniture
All upholstered furniture including mattresses should be fire safe by conforming
to the Furniture and Furnishings (Fire Safety) Regulations 1988 as amended
(1993). Look for sewn on labels which state that the furniture complies with
these regulations. If there are no labels ask the landlord for proof that the
furniture does comply with the regulations. The landlord must replace any
furniture which is not compliant with the law. If he refuses you can report him to
Trading Standards which could result in him being fined.
Whilst Accommodation Services insists landlords abide by the above
legislation we cannot guarantee compliance. Students must satisfy
themselves that legal requirements have been adhered to.
If students find that their landlords are not complying with the above
legislation they should contact




Housing Standards, (General housing standards)
Environmental Health, (Health hazards & Noise Pollution )
Health and Safety Executive (Gas & Electricity)
Trading Standards (Furniture)
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Telephone numbers for the above can be found at the back of this booklet.
Landlords can incur very heavy fines for non-compliance with legislation.
Repairs
Under the Landlord and Tenant Act (1985), Section 11, the landlord is legally
bound to keep the house in a good general state of repair. This means they
must:
Keep the structure and exterior of the property in good repair (ie) roofs,
windows, gutters, pipes etc.
Keep all plumbing installations in good repair (ie) toilets, sinks, boilers
etc.
Keep all electrical wiring and installation in good repair.
Keep all heating and water heating installations in good repair.
In addition all homes must be "fit for human habitation" (ie) the property must
have or be:
Structurally stable
Free from serious disrepair
Free from damp prejudicial to health
An adequate water supply
Adequate lighting, heating and ventilation
A suitably located toilet
A suitably located bath or shower and wash basin
An effective drainage system
Facilities for preparing and cooking food
If you are not happy about any aspect of disrepair the most important step is to write
to your landlord stating exactly what repairs need to be made. Keep a copy of the
letter. Give the landlord a fixed time to get the repairs done and inform him that if the
repairs are not implemented you will take further action. If the repairs have not been
completed after this time you should contact Accommodation Services or the
Students’ Union who can appeal to the landlord on your behalf. Sometimes a phone
call from the University is all that is required, especially if the property is accredited
and the landlord has signed the voluntary code of standards.
If, however, this has no effect, Accommodation Services will advise you to contact
the relevant Council. An officer will normally come out to investigate your complaint
and take action if appropriate. If the landlord fails to carry out the repairs, the council
can prosecute or do the work and send the bill to the landlord. Do not stop paying
rent during this period as you will be breaching the terms of your tenancy agreement.
There is a strict procedure if you are going to stop paying rent. Seek advice first.
Examples of problems which may occur are:
Dust, smoke and noise pollution
Falling plaster
Defective fire doors and alarms
Dry rot, mould growth and damp
Defective wiring
Broken fires and heaters
Severe condensation
Leaking roof
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Infestation
The above list is not exhaustive and if you believe your accommodation is defective
or unhealthy you should follow the advice given above.
When you begin your tenancy make sure you find out from the landlord what
you should do in the case of an emergency or an urgent repair.
Guidance for Disabled Students
(Including students with medical conditions, sensory impairments and mental health
difficulties.)
The Disability Discrimination Act 1995: Part 3 covers access to provision of services,
goods and the letting of premises. This covers issues such as rental agreements, it
does not readily provide for making properties fully accessible. For example, unless
there are more than six rooms within one house, there is no legal obligation to
provide for access for a wheelchair user. However disabled students can reasonably
expect, where a property is suitable, to be offered rental agreements:
to the same standard as other occupants
on the same terms as other occupants
with the same level of access to communal facilities
An example of discrimination would be where a disabled student, with for example
epilepsy, was charged either a higher rate of rent or a higher deposit than other
occupants.
For students who require minor adaptations such as visual fire and doorbell
signalling/ Braille cooker signs etc., it is your responsibility to organise these.
Students should contact, in the first instance, the relevant Social Services office for
advice. Before proceeding with any work the owner of the property should be
consulted and his/her permission should be obtained (Social Services often require
written permission from the owner). Permission may not however be withheld
without good reason.
If you feel you are being discriminated against, or are having difficulties finding
accessible accommodation, please contact the University for advice in the first
instance.
Harassment
Section 1 (3) of the Protection from Eviction Act (1977) makes unlawful harassment
a statutory offence. Harassment is when your landlord or someone else acting for
them does things to try and make you leave your home. It can include:
visits without warning (your landlord has to give you at least 24 hours
notice before visiting your home and this must be at a mutually agreeable
time).
entering your home when you are not there or without permission unless
in an emergency.
threatening eviction (your landlord does not have to attempt eviction to
be harassing you, the threat is sufficient to constitute harassment).
threatening you with or actually carrying out violence against you.
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removing or restricting services such as hot water or heating, or failing to
pay bills so services are cut off.
allowing the property to fall into disrepair so you cannot safely continue
living there.
Unlawful Eviction
Unlawful eviction is when your landlord or someone else acting for them forces you
to leave your home without following the proper legal procedures.
Examples include:
changing the locks when you are out
being physically thrown out
being stopped from getting into part or all of your home
Unless you are sharing part of your accommodation with the landlord (such as a
bathroom, kitchen or living room) you can only be forced to leave your home by the
County Court bailiffs. For this to happen your landlord must serve a proper written
notice telling you that your tenancy is being ended, and then must apply to the
County Court for a Possession Order requiring you to leave. Only the bailiffs can
enforce the Possession Order and force you to leave, this cannot be done by your
landlord.
Quiet Enjoyment
"Quiet enjoyment" is a legal term which means that you have a right to live
comfortably in your home without undue interference from your Landlord. It is a
statutory requirement of the Landlord and does not have to be written into your
contract to be binding on the Landlord.
Tenants Responsibilities
Under the Housing (Management of Houses in Multiple Occupation) Regulations
1990, tenants are required to take reasonable care not to hinder or frustrate the work
of the Landlord. They must,
pay the rent
pay any bills not included in your rent (such as gas, electric and
telephone bills)
allow the landlord, at all reasonable times, (so long as 24 hours notice
has been given, except in an emergency) to enter rooms for any
purposes connected with the carrying out of his duties.
give the landlord, at his request, any information he reasonably requires
for the purpose of his duties.
comply with arrangements made by the landlord regarding means of
escape from fire, other fire precautions or for the storage and disposal of
refuse
take reasonable care not to damage anything which the landlord is
obliged to keep in repair.
be a good neighbour – ensure that your, and your visitor’s behaviour
does not cause a nuisance to your neighbours. Examples of nuisance
include loud music, shouting, banging doors.
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Deposits
A deposit is paid to the landlord at the start of the tenancy to safeguard against any
damage caused to the property beyond normal wear and tear or against any unpaid
rent. The amount can be nominal but is usually related to rent. It is illegal for a
landlord to charge more than two months rent as deposit.
From 6 April 2007, when you pay a tenancy deposit for an assured shorthold tenancy
to a private landlord or letting agent, the deposit must be protected by a tenancy
deposit scheme. The Government has introduced the schemes to protect tenancy
deposits and provide a fairer system for settling disputes about the return of a
deposit at the end of a tenancy. Before introduction of these schemes, if a landlord
kept all or part of your deposit it could be difficult to get it back. With the new
schemes, an independent service helps to resolve disputes about deposits at the
end of a tenancy. This service is free for tenants.
After you've paid your deposit, the landlord or agent must then protect your deposit
using a tenancy deposit scheme. There are two types of scheme available:
a custodial scheme. With this scheme, the landlord or agent pays the
deposit to the scheme, which will keep it until the end of your tenancy.
an insurance scheme, where the landlord or agent keeps the deposit
but pays insurance premiums to the scheme. This means that the
deposit is insured if there is any dispute, and the scheme will repay the
tenant the agreed amount directly. The insurance scheme can charge
fees to landlords for membership and can require contributions towards
the costs of insurance.
It will be up to your landlord or agent to decide what scheme to use. They must then
provide certain information to you within 14 days of the day when you paid your
deposit. This information includes:
the landlord or agent's contact details
which tenancy deposit scheme they are using and the contact details for
the scheme
information about the purpose of a tenancy deposit
how you can apply to get the deposit back at the end of the tenancy
what you can do if there is a dispute about the deposit.
If your landlord or agent hasn't protected your deposit and provided the required
information within 14 days, then you can apply to the county court for an order that
the landlord or agent should pay the deposit back to you, or protect it in one of the
tenancy deposit protection schemes. The court will also order the landlord or agent
to pay you compensation equivalent to three times the value of the deposit you paid.
The landlord or agent must do all of these things within 14 days of the court order.
When you leave, if you and your landlord both agree on how much of the deposit you
should get back, you should get it back within 10 days of agreeing.
If your deposit was held in a custodial scheme, you will also receive some interest on
the deposit. The custodial scheme will repay tenants direct, either by cheque or by
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electronic transfer. Deposits held in the insurance-based schemes will be repaid by
the landlord either in cash or by cheque, as they choose. Deposits held in the
insurance-based schemes will not pass on any interest to the tenant.
The landlord is legally obliged to return your deposit in full if you have not caused
any damage or do not owe any rent. Problems often occur when there is a dispute
over what the deposit is for and what the nature of the damages are. Here are some
tips to help ensure your deposit is returned:
Ensure that your landlord has lodged your deposit with a custodial or
insurance scheme.
Get a detailed inventory of the contents and condition of the house when
you move in, listing all the defects, and give a copy to the landlord when
s/he has agreed it. If the landlord refuses to check the inventory with you,
ask an independent witness (a friend will do) to agree and sign it with
you. A sample inventory is available from Accommodation Services.
Take photographs of any damage that is there when you move in. It may
seem silly at the time but photographic evidence will stop disagreements
later.
Report any breakages to the landlord in writing and keep a copy.
When leaving the property, make a list with an independent witness, to
go alongside the initial one made when you moved in, to compare the
defects and take more photographs.
Your landlord is only entitled to keep all or part of your deposit if they can show that
they have lost out financially because of your actions, for example, if you have
caused damage to the property, or you owe rent. Ask your landlord or agent for a
breakdown of the specific costs that they are taking out of your deposit. Your
landlord or agent cannot keep your deposit to cover putting right normal wear and
tear. There are rules on what costs can be deducted from your deposit.
If you don't agree that your landlord should have kept all or part of your deposit, or
you disagree with some of the costs that they have taken out of it, then the tenancy
deposit protection scheme your landlord has used will offer a free service to help
resolve disputes. Information on what you need to do if there is a dispute will be
contained in the information your landlord or agent will have given you at the start of
your tenancy. Each scheme will contain an Alternative Dispute Resolution (ADR)
service. When a dispute occurs, and if you and your landlord both agree to use the
service, you will have to agree to accept its decision and will not be able to apply to
the courts. If you or your landlord do not agree to use the ADR service then the
dispute will usually go to the county court.
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The Checklist
Is the Landlord Accredited with the NLA?
Finance
How much is the rent per week and when is it payable (ie) monthly, termly?
Who is responsible for the water rates, gas and electricity bills?
For how many weeks/months is the contract?
How much is the deposit and what does it cover?
When is the deposit returned?
How much is the summer retainer if applicable?
General
Does the house look okay from the outside?
Is the property in a good state of repair?
Does the property need decorating?
Each bedroom/study should measure 6.50 sq. metres (70 sq. feet) where a
separate living room is provided (which is not a kitchen or a kitchen/dining
room). Where a separate living room is not provided each bedroom/study
should measure 10 sq. metres (108 sq. feet).
Furniture
Has the house got sufficient furniture for the occupants? Check the Student
Accommodation Service’s Inventory for guidance.
Is any of the existing furniture the property of the present tenants?
Is all the furniture in good condition?
Is there sufficient space in the kitchen to store and prepare food?
Gas and Electricity
Is the heating in the property adequate and does it work properly?
Is heating available in every room?
Do the gas fires/electric heaters work?
Do all the rings, the oven and grill on the cooker function properly? Does the
thermostat work?
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Plumbing
Do all the water taps function properly?
Does the toilet flush properly and without leaking?
Does the hot water system function properly?
Do all the radiators work (if applicable)?
Security
Are all external doors secure? Have they been fitted with bolts and security
chains?
Can you exit the building without using a key? (This is for Fire Safety)
Is there a burglar alarm?
Do all ground floor windows have security catches?
Safety
Does the property have a current valid Gas Safety Certificate (if applicable)?
- make sure you see a copy.
Does the property have certificates indicating the safety of electric appliances
and wiring?
Does the upholstered furniture (including mattresses) comply with current
legal requirements- check sewn on labels.
Are there sufficient, working smoke detectors for the property? For large
properties there must be an adequate and working fire alarm system, an
emergency lighting system and fire doors. Can the landlord provide
appropriate certification? When the systems were last tested?
Do the windows in the bedrooms and lounge have an openable area large
enough to facilitate escape to a safe place outside?
Does the kitchen contain a fire blanket and/or fire extinguisher?
Other
Has the landlord agreed to abide by the Voluntary Code of Standards scheme?
Do you fully understand the terms of the agreement being offered?
Do you know the name, address and telephone number of the landlord?
Is this information permanently displayed in the property?
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Have you spoken to past or present tenants to get their comments on the
property and landlord?
Once you have moved in
Take meter readings of the gas and electricity if your rent does not include
energy to avoid paying previous tenants’ bills.
Make a detailed inventory of the contents and condition of the house
when you move in listing all the defects and give a copy to the landlord when
s/he has agreed to it. If the landlord refuses to check it with you, ask an
independent witness (a friend will do) to agree and sign it with you. If
necessary take photographs. It may seem silly at the time but photographic
evidence will stop the landlord from blaming you and unlawfully keeping your
deposit.
Check which scheme the landlord is lodging your deposit with. You should also
ask for a receipt for any rent paid. If rent is paid weekly your landlord must
provide a rent book or face prosecution. If rent is paid monthly or termly, ask
for a receipt or keep your cheque stubs. A few landlords will ask for post-dated
cheques. It is not advisable to give post-dated cheques because if you have
insufficient funds to cover the amount and your cheque bounces, you could be
liable for any bank charges.
Find out from the landlord the locations of the electricity mains and gas mains,
and water stop cock.
Ask for instructions on how to use any of the appliances if you are not sure.
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Dealing with problems – Points to Remember
Put everything in writing.
Seek advice straight away.
Report any problems quickly.
Acknowledgements
The Accommodation Office have sought advice from Lancaster City Council, Carlisle
City Council, South Lakeland District Council, National Landlords Association,
Shelter and the Students Union regarding the contents of this booklet and wish to
thank them for their co-operation.
Disclaimer
This booklet is intended as a guide only and is not a complete statement of the law.
Its contents are without prejudice to legal rights. If you are in doubt about your legal
rights or obligations you should seek legal advice.
Updated: November 2015
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Index
Page
Behaviour
3
Charges
6
Council Tax
7
Deposits
14
Disabled Students
12
Harassment
12
Head Lease Properties
4
House Hunting
4
Housing Act 2004
6
Insurance
7
Landlord’s Responsibilities
9
Parking
8
Property Accreditation Scheme
3
Quiet Enjoyment
13
Student Behaviour in Private Sector Accommodation
3
Summer Retainer
6
Tenancy Agreements
8
Tenants Responsibilities
13
The Checklist
16
TV Licence
7
Types of Accommodation
4
Unlawful Eviction
13
Voluntary Code of Standards
3
Water Rates
7
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