Code of Good Practice for Letting Agents
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Working with the ULHS
Right to let
Viewing the accommodation
Safety and Property Condition
Written Agreements
Financial Arrangements
Inventory and schedule of condition
Management
Dealing with disputes
Deposits
Compliance with the Code
Introduction
All letting agents that register with the University of London Housing Services (ULHS) must agree to
abide by the Code of Good Practice. The Code's aim is to ensure that disputes between letting
agents and tenants are minimised and compliance with it offers benefits for both parties.
If an agent is unsure about any of the requirements of this Code, they should contact the ULHS who
will assist or, where appropriate, refer them to either the local authority or relevant government
department.
1. Working with the ULHS
Agents will:
1.1 Ensure that they are courteous and respectful at all times when dealing with staff
members of the ULHS.
1.2 Update property adverts every four weeks (every two weeks in the months of August
and September.) Agents can update via their online account or by telephoning or e-mailing
the ULHS.
1.3 Respond to contact from the ULHS within 5 working days or as soon as is practicable
after this.
1.4 Ensure that all property details registered with ULHS are reported accurately without
misrepresentation to prospective tenants, including failing to disclose any significant
information which would play an important role in the prospective tenants’ decision to rent
the property.
1.5 Provide ULHS with a draft copy of their standard Assured Shorthold Tenancy Agreement
document and any pre-letting paperwork (e.g. Confirmation of Terms, pre-contract
agreement etc.) to be checked by ULHS prior to joining, and at any other time upon request.
1.6 Ensure that membership of at least one of the following schemes is held at all times, and
that ULHS will be informed should any membership of the following become lapsed: ARLA,
NALS, TPO, RICS.
1.7 Ensure that when using the ULHS logo in marketing materials, that agents will adhere to
the conditions set out in the Use of the ULHS Logo document.
ULHS CODE OF GOOD PRACTICE FOR LETTING AGENTS
2. Right to let
2.1 Agents must ensure they obtain permission to let from landlords prior to marketing
properties.
2.2, Agents must obtain proof of ownership or, permission from the owner to let, from
landlords prior to marketing properties.
2.3 Upon request, either by the ULHS or prospective/current tenants, letting agents will
provide proof of ownership and permission to let of any property marketed through the
ULHS.
3. Viewing the accommodation
3.1 No charges will be made to view lists, to register with an agency or to join a mailing list.
3.2 All prospective tenants should be granted an opportunity to view the accommodation
offered having due regard to the rights of the existing tenants.
3.3 Prospective tenants will be dealt with in a courteous manner and will not be hurried or
harassed.
3.4 Interested prospective tenants will be provided with a written tenancy agreement
outlining the terms and conditions of the agreement and full written details of any agency
fees payable in relation to the tenancy. Tenants will be given reasonable time (not less than
1 working day) within which to seek independent advice regarding these contractual terms,
during which time the property will not be re-marketed. The agent will specify the amount
of time that prospective tenants have to seek independent advice, before the
accommodation is re-marketed.
3.5 The agent will ensure that all pledges made before the tenancy begins are confirmed in
writing to the tenants, e.g. redecoration/cleaning of the property or the provision of new
items of furniture.
3.6 The agent will highlight to potential tenants any special conditions or unusual clauses in
the tenancy and explain the implications of these.
3.7 Where a holding deposit/commitment fee (or any other payment paid for the purpose of
securing a property) is required, a receipt will be given outlining the terms and conditions of
the tenancy agreement offered and the conditions for the return of the holding deposit.
Multiple holding deposits will not be held for the same property and if the agency is aware
that they are not the sole agency for a particular property then they will inform potential
tenants of this.
3.8 The agent will provide prospective tenants with an Energy Performance Certificate for
the rental property in line with their obligations under the Home Information Pack (No 2)
Regulations 2007.
4. Safety and Property Condition
Agents will:
4.1 Ensure accommodation is ready for occupation, clean, free from infestation and in a
state of good repair at the outset of the tenancy and for the duration of the agreement.
4.2 Comply with the Gas Safety (Installation and Use) Regulations 1998 by ensuring the
annual Gas Safety check is completed for any accommodation advertised through the ULHS
and that a copy of the certificate is provided prior to the commencement of the tenancy.
4.3 Ensure that the electrical wiring and appliances are safe to use and kept in good repair
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ULHS CODE OF GOOD PRACTICE FOR LETTING AGENTS
throughout the tenancy. A full electrical installation test should be made of the whole
property every 5 years by a competent electrician.
4.4 In addition to this, ensure that an annual check of the electrical appliances in the
property is carried out. This is called PAT testing (portable appliance testing) and, although
not a legal requirement is essential to ensure that appliances provided are safe.
4.5 Comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
4.6 Ensure that accommodation is offered with adequate heating, and equipment for
cooking and cleaning, and where the property is let on a furnished basis, adequate furniture.
4.7 Ensure that the accommodation complies with any regulations laid down by the Local
Authority and is fit and safe, particularly with regard to the outbreak of fire and the means
of escape from the building. This includes ensuring that properties are free from hazards, as
defined in the Housing, Health and Safety Rating System (HHSRS) , Housing Act 2004.
4.8 Ensure that, in the case of Houses in Multiple Occupation (HMOs), accommodation
meets the requirements of the HMO Management Regulations 2006, including applying for
an HMO licence where obligated to do so, and making adequate checks on whether the
property is subject to additional or selective licensing.
5. Written agreements
Agents will:
5.1 Ensure that a tenancy agreement is made between the tenant and the landlord, making
clear the rights and responsibilities of both parties.
5.2 Where the landlord and legal owner are not the same person, to provide details of the
landlord and owner’s relationship and consent to let to the tenants.
5.3 Ensure that tenancy agreements are written in plain English with no concealed pitfalls or
traps and avoiding unnecessary use of legal jargon.
5.4 Ensure that the agreement contains no terms that conflict with any statutory or
common-law entitlement of the tenant, or with the terms or this Code of Good Practice. This
includes any terms that are deemed to be unfair by the Office of Fair Trading.
5.5 Not knowingly induce tenants to automatically breach their agreement.
5.6 Provide tenants with the landlord’s name and address, which must not be a PO Box, in
England or Wales at which legal notices may be served and telephone numbers for the
landlord and managing agent.
5.7 Provide tenants with a copy of the agreement once all parties have signed.
6. Financial arrangements
Agents will:
6.1 Issue a written receipt where there is an agreement for either a deposit or rental
payments to be made in cash.
6.2 Not insist on payments in cash.
6.3 Not apply charges of interest in excess of three per cent above the base lending rate of
the Bank of England with regard to late payment of rent or any other money owed to the
landlord by the tenant.
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ULHS CODE OF GOOD PRACTICE FOR LETTING AGENTS
7. Inventory and Schedule of Condition
Agents will:
7.1 Ensure a written check-in inventory and schedule of condition is compiled at the
beginning of the tenancy and provide tenants with a copy. Tenants will be given a
reasonable period of time to review and suggest amendments to these documents before
they are finalised.
7.2 Ensure that, at the end of the tenancy, an inspection of the accommodation is carried
out within one month prior to the final day. This will provide the opportunity to discuss with
tenants any matters that need attention and so avoid the need for deductions from the
damage deposit.
7.3 On the last day of the tenancy, ensure a full inspection/check-out of the accommodation
is undertaken with reference to the check-in inventory and schedule of condition.
Arrangements for the return of the deposit should be outlined to the tenant on that day.
8. Management
Agents will:
8.1 Make it clear to tenants when the offer is accepted whether the agency is managing the
property or merely introducing the property. Where the agency is not managing the
property, they must provide details of who will be managing the property prior to the
commencement of the tenancy.
8.2 Ensure that potential and existing tenants are dealt with courteously and respectfully at
all times in a manner that is free from discrimination on any grounds, including but not
limited to beliefs or lawful preferences, religion, politics, gender, race and sexual
orientation.
8.3 Ensure that when an issue is reported, it is acknowledged within one working day for
urgent issues and five working days for all other issues, and that the issue is addressed
promptly.
8.4 Ensure that tenants are kept regularly informed of the progress of any maintenance
issues reported, and that tenants are provided with a timeframe in which the work is
expected to be completed.
8.5 Ensure that tenants are given a comprehensive tour of the property at the outset of the
tenancy which should include the location of all utility meters, boiler, mains water and
stopcock.
8.6 Supply tenants with operating instructions on the safe use of all gas and electrical
appliances and the contact details of the utility companies supplying the property.
8.7 Discuss with tenants any arrangements for visits to the property throughout the
agreement and give tenants at least 24 hours notice of the intended time of any visit, except
in the case of an emergency.
8.8 Ensure that the property and all appliances provided by the landlord are kept in a good
state of repair.
8.9 Provide tenants with a point of contact in case of emergencies and ensure that someone
is available at all times to take emergency enquiries.
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ULHS CODE OF GOOD PRACTICE FOR LETTING AGENTS
9. Dealing with Disputes
9.1 In order to resolve issues effectively, agents will always act reasonably and promptly
where disputes with tenants occur.
9.2 Where there are any major areas of dispute, agents will document them in writing.
10. Deposits
Agents will:
10.1 Explain the reason for taking a deposit and the circumstances that may lead to
deductions being made.
10.2 Issue tenants with clear written guidelines regarding the standard of cleaning and other
arrangements for bringing the agreement to an end so as to avoid misunderstandings
regarding the standard of cleanliness and condition of the property expected at the end of
the tenancy.
10.3 Ensure that deposits taken in relation to Assured Shorthold Tenancies are protected in
line with the requirements of the Housing Act 2004. Where the tenant’s deposit has been
protected with one of the government approved deposit schemes, agents will comply with
the scheme rules with regard to its protection and return.
10.4 Return all deposits within 14 days of the end of the tenancy, less any agreed
deductions, if the deposit taken is not required to be lodged with a deposit scheme.
10.5 If any deductions from the deposit are to be made, the landlord or agent should
provide the tenant with a written statement detailing the deductions, including receipts and
invoices for goods purchased or work undertaken.
10.6 Should the tenants wish to dispute any deductions from their deposit with one of the
approved deposit protection schemes, where within the agent’s control, the agent should
make tenants aware of Alternative Dispute Resolution offered by the deposit scheme.
10.7 Where the agent collects the deposit to be passed on to their client, the agent must
first receive proof of deposit protection from the landlord prior to transferring funds.
11. Compliance with the Code
11.1 Where the ULHS receives a complaint that a registered agent is in breach of the Code,
the ULHS will contact the agent with full details of the complaint and ask for a response. If,
after investigation, it is felt that the Code has been breached, the ULHS reserve the right to
suspend the agent’s registration.
11.2 Should the ULHS receive a complaint from a student that concerns their health and
safety, the ULHS reserve the right to pass on information about agents to third parties such
as the local authority or the Health and Safety Executive.
Last Revised: August 2014
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