Universities in Canterbury (Canterbury City Council) Help and Advice
Many of you may be househunting for the very first time, whilst others of you may have experience of the student rental market. No matter how much experience you have, it pays to be prepared.
There is plenty of housing for students in Canterbury - you can take your time and be choosey! Insist that you will only rent accredited houses, as these landlords will provide a better service for you and better houses for their tenants.
If you are prepared and knowledgeable when renting student housing, you should find that your stay is pleasant and without major problems.
These preparations start with being fully informed when you begin house hunting, meeting your obligations during your stay, and ensuring that moving out and your deposit release is straightforward.
From 1st April 2009, the law requires all landlords to ensure all gas appliances in a property are safe and checked annually by a person registered with the Gas Safe Register and provide each tenant with a copy of the Gas Safety Certificate. If you are a new tenant, then you should be issued with a copy of the Gas Safety Certificate before you move in. Any gas safety record given to you after 1st April 2009 will only be valid if the engineer is registered with Gas Safe Register.
Click on the Gas Safe logo link for more info!
The Health & Safety Executive has a Gas Safety Advice line on
0800 300363
In the event of an emergency call
0800 111999
Electricity
The majority of student let properties in Canterbury will require a periodic electrical inspection report, which must be carried out by a suitably qualified engineer at least once every 5 years. You should ask to see this before agreeing to rent a property. If you are unsure whether the property you are interested in requires the report, please contact Canterbury Student Housing for advice on 01227 862 237 or studenthousing@canterbury.gov.uk
Fire Safety - Furniture and Furnishings
On 1 January 1997 the final phase of the Furniture and Furnishings (Fire Safety) Regulations 1988 came into force. This means that furniture and furnishings supplied in let accommodation must comply with the fire and safety requirements in the Regulations. All residential premises including flats, bedsits and houses where furniture is supplied as part of the let are covered by these regulations. The type of furniture covered by the regulations are: any upholstered furniture including chairs, sofas, children's furniture, beds, head boards (if upholstered), mattresses, scatter cushions, seat pads, pillows and even garden furniture if it is upholstered and can be used in the dwelling. Carpets, curtains and duvets are not covered by the regulations.
Carbon Monoxide
If you have gas appliances in your house, Carbon Monoxide is a possible danger. It's invisible and odourless, but it can kill.
Watch out for.....
Gas flames that burn orange or yellow rather than blue.
Sooty stains on or around your appliances
Solid fuels thats burn slowly or go out.
Know the symptoms....
Unexplained drowsiness.
Giddiness when standing up.
Headaches.
Sickness and Diarrhoea.
Chest pains.
Unexplained stomach pains.
Carbon Monoxide? Be Alarmed! Campaign
In October 2008, the Carbon Monoxide Consumer Awareness Alliance launched a new national campaign aimed at cutting the number of deaths and injuries caused by Carbon Monoxide poisoning.
Clarify what is included in your rent. For instance, some landlords include water rates, others don't.
If possible, ask the previous tenants the rough cost of gas, electricity and water.
Take readings of the relevant meters as soon as you can once the last tenants have left.
Change the bills to your name with the relevant suppliers from the time you move in.....decide whether joint names will be put on the bills or if the responsibility will be divided.
Insurance
Don't think of doing without it - the number of burglaries and thefts in student houses is rising!
Shop around to find the right insurance package for your requirements.
Make sure that you're covered over the vacations.
Council Tax
Properties where all the occupants are full-time students will be exempt. You may be asked to produce a certificate giving evidence of your student status; this certificate will be obtainable from your faculty office after you have registered on your course.
If one or more of the occupants of your house is not a student the house becomes taxable so you must clarify whether you are expected to pay anything towards the cost.
If you are unsure about your status with regard to Council Tax then seek advice from your Student Advice Centre.
For further details on arranging a student exemption from Council Tax in the Canterbury District, please click here
TV Licence
If you do get a knock on the door you'll no doubt have discussed the fait accompli. 'I'll just say I thought that you'd got one', or 'We don't need one cos we're students' or 'We only watch ITV'. The response will, of course, be 'Oh, sorry Sir/Madam I didn't realise. I apologise for disturbing you. I'll let you get back to EastEnders'. If you want the lowdown on the real facts, they are as follows. Students are covered by the same licensing requirements as the rest of the population. A licence will be needed by a student living in halls, a bedsit or a flat. If you live in a shared house one licence is needed per house as long as you have a joint tenancy agreement. If you have separate agreements with the landlord you will need separate licences. If you want more information then contact www.tv-l.co.uk
The protection you have largely depends on your status as an occupier. However, an Assured Short Hold Tenancy Agreement (England) or Short Assured Tenancy (Scotland) are the most common. These can be made for a specific period of time, for instance, one academic year, but they will not usually be made for a period of less than 6 months. Please note that if you are staying in Home Stay or with the owner of the property then you will not be a "Tenant" and should therefore not be required to sign a contract.
If you are sharing a house then you may be asked to sign a joint tenancy or a separate tenancy. If you sign a joint tenancy then you will all be responsible for each other's debts and damages. If you have your own contract then if there are any discrepancies, the argument is between yourself and your landlord and should not involve your housemates.
Points to Note
Rents must be agreed before the contract is signed since this is a binding agreement. Remember-you can negotiate with the landlord over rents, opt out clauses etc. if you are not happy with the landlord's suggestions.
You cannot give notice during the period of the contract, if no such clause has been added to the contract. If you leave before the end of the fixed term then you (or your housemates) remain liable for the remaining rent.
Always try to get your contract checked - the Students Union Advice Centre/Accommodation Office or Citizen's Advice will be able to check your contract.
Remember to get a copy of your contract!
Landlords must comply with relevant legislation on Notice to Quit and Termination of Tenancies. A Notice to Quit also has to contain prescribed information. A Landlord cannot simply evict a tenant without a Court Order and this will only be granted on certain grounds. See your rights
Keeping in repair the structure and exterior of the dwelling house, including drains, gutters, and external pipes.
Keeping in repair and proper working order the installations for the supply of water, gas, and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, and for heating rooms and heating water.
Providing a rent book if statute so requires (e.g. where the rent is paid weekly).
Providing you with the landlords or agents full name and address.
Providing you with a copy of the valid current Gas Safety Certificate ( see Standards).
Allowing you to "peacefully enjoy" your accommodation without interruption (unless there is an emergency such as a gas leak or other repair issue that may damage the fabric of the building if it is not rectified).
Landlords or their agents may wish to enter the property at reasonable times to carry out the repairs for which they are responsible and to inspect the condition and the state of repair of the property. They must give at least 24 hours notice in writing of an inspection. It would be helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.
You are responsible for.........
Acting in a "Tenant-like manner". This means you should perform the smaller tasks around the house such as mending the electric light when a fuse blows; unblocking the sink when clogged with waste, cleaning the windows when necessary.
Not damaging the house, if you do then you are responsible for the repairs, even if caused by a guest.
Refuse and recycling collection! Remember to find out the collection day from Canterbury City Council. You can do that here http://www.canterbury.gov.uk/rubbish.php Put the wheelie bin out - and bring it back in again - it's illegal to leave it on the street and you may be fined.
Securing the property when you go away - lock all the doors and windows!
Being reasonable about noise and parties - weekends are better and let your neighbours know in advance.
Reporting all repairs needed to the Landlord (preferably in writing). The landlord's responsibility to repair begins only when they are aware of the problem. If the fault is not corrected within a reasonable period of time (dependant upon the nature of the disrepair) then seek advice from the Student Union Advice Centre/ Accommodation Office or Canterbury Student Housing Accreditation Scheme, at Canterbury City Council on 01227 862 237 or email studenthousing@canterbury.gov.uk
Harassment and Unlawful Eviction
If your landlord wants you to leave your house then a legal process must be complied with before you can be evicted. This will include a written notice and applying to the Court for a possession order. If you are evicted without the landlord following the correct procedure then the landlord is committing a criminal offence. In addition, if the landlord (or someone acting on their behalf) interferes with your peace or comfort either with unannounced visits, by not fulfilling his/her responsibilities for basic repairs (as listed above), disconnecting utility supplies etc. then this may amount to harassment which is a criminal offence.
If you are in danger of eviction or suffering from harassment by your landlord then contact the Student Union Advice Centre or Canterbury Student Housing on 01227 862 237 or studenthousing@canterbury.gov.uk
For your own personal safety, it is always advisable for you to view a property accompanied and try to arrange the appointment at a reasonable hour. However, there are advantages to viewing it after dark so that you can get an idea of how you will feel when walking home at night. It is important that you contact your University advice centre if you feel that you were in any way subjected to sexism or harassment during the appointment.
Security:
Here are a few pointers in checking the security of the property.
Is the property in a 'good' area?
Is the property set back from the road? Is the street lighting sufficient?
Are the front and rear doors solid?
Have the doors got five lever mortice locks?
Is there a chain on the door? If not, can the landlord fit one?
Are the curtains of your room see-through? Insist on thicker ones if they are.
Most properties let to students will be considered Houses in Multiple Occupation (HMO), as they will involve a group of three or more people sharing a property as two or more households. All such properties will be governed by the requirements of the Management of Houses in Multiple Occupation (England) Regulations 2006. These Regulations impose various responsibilities on both the landlord and tenants and therefore, you should be familiar with them. To view a summary of the Regulations, please click here
The Housing Act 2004 , which was introduced in April 2006 in England and Wales was created with the intention of providing a fairer and better housing market for those renting properties. The main elements of it include ;
a) Licensing of houses in multiple occupation
A house with three of more stories, occupied by 5 or more people who form 2 or more households (a household being defined as persons belonging to the same family) is classified as an HMO in England and Wales and subject to licensing. The licensing is intended to improve standards in properties where it was felt tenants were at highest risk. Local authorities have at their discretion, but subject to approval from national government, the power to designate other sizes of properties as HMO’s, which are subject to licensing. There are currently no additional or selective licensing schemes operating in Canterbury.
b) Housing Health and Safety Rating System (HHSRS)
This is a new system, replacing the "fitness standard for houses", and decides whether a house is healthy and safe. Local council staff will randomly inspect properties and assess the likelihood of injury or ill health calculated via 29 hazards.
You will normally be required to pay a deposit to the Landlord as security in case you damage the property or furnishings. It can also be used to cover unpaid bills, rent or missing items. Most landlords will ask for a sum equivalent to four weeks' or a calendar month's rent but the maximum a landlord can charge by law is a sixth of the annual rent payable in England and Wales and two months rent in Scotland. Within 14 days, the landlord or agent is required to give you details about how your deposit is protected.
If you don’t get this information from your landlord, ask them how your deposit is protected.
If your landlord is not protecting your deposit, you can apply to your local county court who can then order the landlord either repay the deposit to you or protect it in a scheme.
The deposit should be refunded when you are entitled to it, provided there are no problems with the condition of the house. In order to ensure that you get your deposit back:
Ensure that you have a written statement from the landlord explaining what is covered by the deposit. If the landlord gives a verbal explanation, write to him/her to confirm the details.
Ensure that you have a receipt for monies paid.
Ensure that you have a full inventory of furniture. Get the landlord to sign it. You may wish to take photographs.
Take reasonable care of the house and furniture during the tenancy.
Towards the end of your tenancy write to the landlord inviting him/her to inspect the property.
Settle all the bills.
When you leave return all the keys to the landlord and make a written request for the return of your deposit. Keep a copy of the letter.
Tenancy Deposit Scheme
Tenancy deposit law was introduced on April 2007, deposits paid by tenants who have assured shorthold tenancy agreements will be safeguarded by a government sponsored scheme , who will facilitate the resolution of any disputes that arise in connection with such deposits.
There are two types of scheme
Custodial Scheme - a tenant pays the deposit to the landlord who in turn places it into a designated scheme account. When the scheme administrator returns the deposit to either the tenant or the landlord it is done so with interest at a rate specified by the Government. If they are not in agreement, a final court order will have to be obtained specifying the proportion of the deposit to which each is entitled.
Insurance based schemes - a tenant pays the deposit to the landlord who only transfers it into a designated scheme if there is a dispute at the end of the agreement. When the landlord and tenant reach agreement or a court decides how much each party is entitled the administrator will distribute the deposit accordingly.
If a landlord fails to pay the deposit to the scheme then a scheme will have adequate insurance cover to compensate the tenant in the event they are owed monies
Within 14 days of receiving your deposit your landlord must give you the relevant information regarding the scheme safeguarding your deposit. You should always check that the scheme has received your deposit.
These are paid to the landlord by prospective tenants. The retainer period forms part of the contract (typically July to August) when the student is unlikely to want to occupy and the landlord may wish to carry out certain maintenance works to the property. The normal retainer payment is 50% of the per calendar month rent.
Protect your deposit with the new tenancy deposit law
The Energy Performance Certificate (EPC) gives home owners, tenants and buyers information on the energy efficiency of their property. It gives the building a standard energy and carbon emission efficiency grade from ‘A’ to ‘G’, where ‘A’ is the most efficient and with the average to date being D.
In addition to the rating for your buildings current energy performance, part of the EPC report will list the potential rating that the building could achieve (using the same ‘A’ to ‘G’ scale), if the recommendations that are provided within the report were to be made. It is not mandatory for anyone to act on the report’s recommendations. However, doing so may cut your energy bills and reduce your carbon emissions.
Who needs an EPC?
As a tenant moving into a property, or as a buyer looking to purchase, it is the legal requirement of the existing owner to provide you with a full Energy Performance Certificate, free of charge. This law came into effect after 1st October 2008.
Landlords and owners are only required to produce an EPC for a property that is self-contained, and the certificate is then valid for 10 years. Most shared student accommodation will be required to have an EPC from when the property is marketed to any potential new tenant.
A group of friends rent a property and there is a single contract between the landlord and the group as the contract is for the rental of a whole dwelling. An EPC is required for the whole dwelling.
For further information, please visit the government EPC website here..
Universities in Canterbury (Canterbury City Council) Help and Advice
