Help and Advice, Student Accommodation and housing in Northern Ireland

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Houses in Multiple Occupation (HMO)
HMO Standards
Northern Ireland HMO Statutory Registration Scheme
Setting up the Tenancy
Your rights
Useful Links

1) Houses in Multiple Occupation (HMO)
A House in Multiple Occupation (HMO) is a house that is occupied by 3 or more people from 3 different families. Most student houses or flats are HMOs and this means landlords are required to comply with special HMO legislation as enforced by the Housing Executive.

2) HMO Standards
It is a fact that the number of deaths from fire in HMOs is many times higher than in family occupied dwellings, and this increases with the size of the house. For this reason the Housing Executive has set standards for HMOs for fire protection, for kitchens, for washing and toilet facilities and for minimum space standards. The minimum fire standards in a HMO are:

       • A hard-wired detection and alarm system (battery operated alarms are not acceptable);
       • Easy opening devices on front and back door. It must not be necessary to use a key to open
         a door or an escape window;
       • Water extinguishers at each landing;
       • A CO2 extinguisher beside the meter box;
       • A fire blanket in the kitchen.

3) Northern Ireland HMO Statutory Registration Scheme
The Housing Executive is progressively enforcing these standards on HMOs throughout Northern Ireland, through what is known as the Northern Ireland HMO Registration Scheme. For a house or flat to be registered it must:

• Meet all of the above HMO Standards and safety requirements;
• Must be in a good state of repair;
• Must be well managed, in accordance with specified HMO Management Standards;
• Safety certificates must be available for the electrical installation and for any gas installation.

The NIStudentpad website clearly indicates if the HMO is ‘Registered’. The Housing Executive strongly recommends that, for safety reasons, students should seek accommodation in registered houses in preference to any other. However, if your house is not registered you should ask your landlord to see the following:

• A Certificate of registration with the Housing Executive. If this is available the student will know that all safety standards have been applied to the house. If this is not available the student should look for;

• A Corgi Gas Certificate if there is any gas installation in the house;

• The presence of proper Fire Protection Equipment;

• Wheelie bins provided by the landlord, as required by Statutory Regulations;

• Good security for doors and windows, remembering there must be easy opening devices on external doors and escape windows.

However, if the property is not registered, it may have a ‘Certificate of Fitness’ issued to the landlord prior to 1st April 2007 and issued by the appropriate District Council.

More information can be obtained at www.nihe.gov.uk/hmos/ or http://www.nihe.gov.uk/publications/news/hmoregistrationschemedoc.pdf

4) Setting up the Tenancy
· A Written Tenancy Agreement or written Statement of Tenancy Terms.

A landlord is required to provide a written statement of tenancy terms where the tenancy commenced after 1st April 2007. This is an important legal document which generally protects the rights of the tenant. It is also a contract which commits the student to the tenancy for the time period set out in the agreement. Where the tenancy is for a fixed term the landlord can not change the terms of the tenancy without the agreement of the tenant.

· The Tenancy Deposit

Usually a landlord asks for a tenancy deposit before the tenant can move into the house or flat. The landlord must state clearly in the written tenancy terms the terms the circumstances under which all or part of the deposit may be withheld at the end of the tenancy.

· A Rent Book

The Landlord is required to provide the tenant with a rent book. This record the rent which has been paid each month and can prevent disputes or claims that rent has not been paid. The rent book must be held by the tenant who should make it available to the landlord for updating for each payment of rent.

· Inventory

The student should check the list of items present in the house when he/she moves in. Sometimes a landlord will provide such a list, but it is important for the student to check it and agree with the landlord.

Payment of Services

The tenants may be responsible for paying for electricity and gas, but it is important to clarify this at the start. It is also important to know if the tenants are required to pay separately for rates, and all this should be clearly set out in the written terms of the tenancy.

· Payment of Rates

From 1 April 2007 100% rate relief may be awarded where a property is occupied solely by full-time students. This applies whether you own or rent the property.

Therefore the rent you pay should not include a payment to cover the rates. However, for the landlord to claim the rate relief the students must complete an application for the rate relief. An application form for this may be downloaded from the website www.lpsni.gov.uk. For the helpline dial 0845 300 6360 and ask for students relief advice.

· Repairs

Repairs or maintenance to gas and electrical equipment, and ensuring furniture safety, are the responsibility of the landlord. Apart from this the landlord and tenant can agree whatever division of responsibility for repairs and maintenance they wish. In most cases students expect the landlord to carry out all repairs and maintenance, and this should be included in the tenancy agreement. If it is not included in the tenancy agreement, and the tenancy commenced after 1st April 2007, the law places responsibility for repairs on the landlord.

Tenants must take proper care of the property, keep it in reasonable decorative order, and make good any damage they may cause.

· Landlord Access to the House

The landlord must be allowed reasonable access to the house, at reasonable times, to inspect and to carry out repairs. The tenant must be given reasonable notice of this, at least 24 hours.

Vermin

No house should be infested with vermin – rats or mice – nor with other pests such as cockroaches. The local Council will deal with rats and mice HOWEVER rubbish not put into bins entices and indeed feeds vermin. It is essential that ALL rubbish is stored properly.

5) Your rights
Your Landlord is responsible for……
        • 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.
       • Providing you with the landlords or agents full name and address.
       • Providing you with a copy of the valid current Gas Safety Certificate.
       • Allowing you to “peacefully enjoy” your accommodation (unless there is an emergency).
       • Landlords or their agents have the right to enter the property at reasonable times to carry
        out the repairs for which they are responsible and to inspect the condition and 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 and your guests are responsible for the repairs.
        • Refuse collection! Remember to find out the collection day from your local council. Put the
        wheelie bin out - and bring it back in again - it's illegal to leave it on the street.
        • 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 Students Union Advice Centre/ Accommodation Office or Citizen's Advice.

6) Useful Links

Further advice can be found in the following websites:

nihe.gov.uk/housing_advice/finding_a_home/renting_privately.asp

housingadviceNI.org

If you have any problems or wish to complain about any aspect of your rented house or flat the following telephone numbers can be used.