Housing
I need somewhere to live next year, where shall I start?
I’ve found the house of my dreams, what do I do now?
I’ve booked to go and see a house, what should I consider?
I’ve moved in and there’s a fault with the house, what can I do?
People keep mentioning gas safety, what’s it all about?
What’s the tenancy deposit scheme?
What should I do when I move into the property?
Do I have to pay council tax?
Where can I go if I’m having trouble with my accommodation?
I need somewhere to live next year, where shall I start?
We would suggest that you start by looking for a property from the Student Accommodation Service (SAS) list. The properties on this list have to adhere with certain health and safety standards, and the landlords have to provide individual contracts rather than joint contracts.
SAS may also be able to negotiate with your landlord on your behalf if any disputes arise; although remember that housing law ultimately determines what a landlord or tenant can and can’t do, so your preferred outcome may not always be possible.
If there is nothing that is suitable on the SAS list, you can always look for properties privately advertised, either in local newspapers or through letting agents. Remember that privately advertised properties will not be registered with the University; and neither will their landlords.
Depending on your circumstances, you may also wish to consider contacting Housing Associations or your local council. Most students will not be eligible for this type of accommodation; however some lone parents (for example) could apply to go on a waiting list. Always be aware of your personal safety when viewing houses. Always make sure that people know the address of the house that you’re viewing, and never go alone.
I’ve found the house of my dreams, what do I do now?
Once you have found the house that you want to live in, you will usually be required to sign a contract. In fact we would encourage you to ensure that you do sign a contract so that you are clear on the terms of your agreement.
It is important that you fully understand the contract that you are signing, and are happy with all the terms in it before you commit. If you are unsure about anything that is written in the agreement, drop in to the Union Advice Centre and a trained adviser will check through the terms before you sign it. It is not a legal requirement to have a written licence or tenancy agreement; verbal contracts can be as legally binding, but it is just harder to prove the details of the terms if they are not written down.
Most agreements that students sign will tend to be fixed term contracts. This is when the agreement is either for a stated number of weeks, or from one fixed date to another fixed date. Once you have signed or agreed to a fixed term contract, you are usually legally bound to pay the rent until the expiration of that fixed term, regardless of the reason why you want to leave. In rare instances you may be able to be released early from the contract, and for further advice on this speak to an adviser at the Advice Centre.
We do not usually advise that students sign joint contracts, because this means that each tenant is jointly liable for the entire amount of the rent. In other words, if one housemate leaves the property, the other housemates can be pursued for their share of the rent. In fact, the landlord could pursue one tenant for the full rent of the property for the duration of the rental period. Individual or sole contracts tend to suit students better, because this way, each is only liable for their share of rent. If one tenant leaves the property, this does not affect the remaining housemates’ agreements with the landlord, therefore they will not be charged more to compensate for the tenant that has left.
I’ve booked to go and see a house, what should I consider?
Before you commit to signing a fixed term agreement; there are many things that you need to think about. For example, what area is the property in? What appliances are included in the rent? What condition is the house in? Is the rent inclusive or exclusive of utility bills? Does the property have very large rooms? Therefore will the utility bills be significantly higher than you are used to? Can you afford the rent? You will not have grounds to be released from your contract for things such as the property being too far away from campus, or because you have fallen out with your housemates, so make sure that you have thought everything through before signing on the dotted line!
I’ve moved in and there’s a fault with the house, what can I do?
The landlord has an implied legal obligation (whether or not it is actually stated in the contract) to keep certain aspects of the property in good repair. For example; usually, the landlord must keep in good repair the structure and exterior of the property, as well as the installations for the supply of gas, electric and water. This should be at his expense, not yours. It is not the landlord’s responsibility, however, to make improvements to the property. For example, if you move into a house that has no central heating, the landlord is not obliged to have central heating fitted. If he agrees any improvements of this type prior to you signing the contract, make sure that you get them in writing, as a verbal agreement of this nature would not hold much weight if he then decided not to carry out the improvements after all.
If you do identify disrepair in the property that you believe to be the landlord’s responsibility to put right, it is important that you notify him straight away. He cannot be expected to repair something that he does not know is damaged. It is also a good idea to put your requests for any work to be done in writing and request that the work is carried out within a given (reasonable) deadline.
People keep mentioning gas safety, what’s it all about?
Always ask your landlord for a copy of the current gas safety certificate. Landlords are legally responsible for maintaining gas appliances and must have a safety inspection every 12 months.
Every year 30 people die as a result of carbon monoxide poisoning caused by faulty gas appliances and blocked flues, so make sure you have a gas safety certificate that's up to date.
The Health and Safety Executive have more information on gas safety.
What’s the tenancy deposit scheme?
From 6th April 2007, a new tenancy deposit protection scheme comes into force and will apply to all Assured Shorthold Tenancies. This means that any deposit paid to a landlord after 6th April 2007, will be protected by the scheme. Deposits paid before this date (even if the contract does not start until after 6th April 2007), will not be protected.
Your landlord will have a choice whether to protect your deposit using the custodial scheme, or the insurance scheme; however, they cannot opt out of the scheme altogether. Using the custodial scheme, upon receiving your deposit, your landlord pays it to an independent company who hold your deposit until the end of your tenancy. Your deposit is then returned to you, assuming that there is no dispute regarding damage caused or unpaid rent etc. Alternatively, your landlord can choose to use the insurance based scheme, which means that they keep your deposit, but have to pay insurance premiums to the scheme. This protects the deposit, and means that the scheme will pay back an agreed amount should there be a dispute.
If there are disputes at the end of the tenancy about the deposit being returned, the scheme will also provide a free service to resolve disputes as an alternative to County Court proceedings (Alternative Dispute Resolution).
Your landlord has a legal obligation under this scheme, to provide you with certain details about how your deposit is being held within 14 days of you paying your deposit. Amongst other things, you should be informed about which scheme your landlord has opted for, how you get your deposit back at the end of you tenancy, and the procedures that you can take if there is a dispute regarding the return of your deposit.
If you do not receive this information within 14 days of paying your deposit, you are able to apply for a court order that instructs the landlord to pay your deposit to one of the schemes and provide you with the required information. The court can also order your landlord to pay you compensation equivalent to three times the deposit that you paid.
This scheme is a really positive step towards reducing the amount of deposits that are withheld unfairly by landlords; but do be aware that disputes may well still arise, therefore it is important to continue to take steps to minimise the risk of such disputes.
For example, make sure that you are clear exactly what will and will not be covered by the deposit; make an inventory before you move into the property (that is signed by your landlord) detailing any damage to furniture/carpets etc; and take photographs when you move out of the property to show the condition that you left it in. For those of you that have already paid deposits for your accommodation next year, or those that do not have an Assured Shorthold Tenancy agreement (i.e. those in university owned halls of residence) and therefore are not covered by the scheme, your deposit will be better protected if you follow the above steps to avoid any potential difficulties in recovering the money at the end of your term of contract.
The Government has more information about the tenancy deposit scheme, or alternatively drop into the Union Advice Centre to find out more.
What should I do when I move into the property?
When you move in to the property, notify the utility companies that supply the property, of the current meter readings. We advise that all tenants are named on the bills rather than just one. This is to avoid potential disputes between housemates and reduces the risk of tenants moving out without paying their share of the bill.
It is your responsibility to get contents insurance so make sure you do! In some circumstances (if you live in bigger residences), you may have basic contents insurance included in the terms and conditions of your contract but this is not standard, so double check. Look into what your policy covers. For example, you may need separate cover if you have a bicycle.
Make sure you have contact details of your landlord (if you have a written contract, your landlord’s name and address should be written in full), but it is also useful to have a telephone number in case of emergencies.
Full time students are generally exempt from paying council tax, so if you live in a property that is only occupied by other full time students, there will be no council tax to pay. If you live in the Preston City Council area (majority of PR1, PR2, PR3 and PR4 postcodes), South Ribble or Burnley, information that you are enrolled as a full time student will be electronically sent from the University to the Council, therefore you should automatically be recorded as exempt.
However, if you live outside this area, you will need to provide your local council with a Council Tax Exemption Certificate to prove your full time student status. The ‘I’ in Foster Building can issue these certificates.
Part time students are not exempt from paying council tax, and would attract a council tax bill if they lived with full time students. The full time students would remain exempt, and whether or not the part time student was liable for the bill would depend on what type of accommodation they lived in, and what was written in their tenancy agreement. There are some circumstances where the landlord is liable rather than the tenant. The penalty for non payment of council tax can ultimately be imprisonment, so it is important that you drop in to the Union Advice Centre to discuss your queries with an adviser if you are in any doubt.
A 25% reduction in Council Tax applies to all single occupants, so if a full time student lives only with their non student spouse (for example), their spouse will only be liable for 75% Council Tax because the full time student is exempt and therefore seen as invisible. This effectively makes the non student spouse a single occupier.
Where can I go if I’m having trouble with my accommodation?
Housing law can be very complicated, as can council tax liability; so it is important that you are aware of places that you can go for advice, guidance and support. The Union Advice Centre has trained advisers available to discuss your housing issues, call them on 01772 89 4880 or email suadvice@uclan.ac.uk
