The Ultimate Housing Guide by The Union of Brunel Students

ADVICE

THE ULTIMATE

OUSING

GUIDE

CONTENTS

4 WHAT THIS GUIDE IS ABOUT “RIGHT TO RENT” REGULATIONS 5 FINDING A HOME WHEN TO LOOK FOR A HOUSE 6 REPUTABLE SOURCES 7 HOUSE HUNTING ESSENTIALS CHECKLIST 8 PROPERTY CHECKLIST 10 BEFORE YOU SIGN THE CONTRACT 11 CONTRACT CHECKING 12 UPFRONT COSTS OF RENTING 14 DEPOSITS 17 HOW PRIVATE LANDLORDS CHECK TENANTS 19 STUDENTS WHO DON’T HAVE A GUARANTOR JOINT AND SEVERAL LIABILITY 21 QUIET ENJOYMENT MOVING IN 22 MOVING IN CHECKLIST 24 DISREPAIRS, DAMP AND MOULD 28 HOME SAFETY AND CRIME 33 CRIME AND INSURANCE 35 COUNCIL TAX 37 BILLS AND UTILITIES 38 ENERGY SAVING 41 INTER-TENANT DISPUTES 43 YOUR RESPONSIBILITIES 44 YOUR LANDLORD CANNOT 46 ANTI-SOCIAL BEHAVIOUR 47 MOVING OUT 48 ALARM BELLS 49 USEFUL LINKS

WHAT THIS GUIDE IS ABOUT

This guide is designed to help you through the process of finding the house, checking and signing the contract, moving in and out and dealing with problems around your private accommodation. We want to give you all the information you need so you can avoid housing headaches and enjoy your new home!

“RIGHT TO RENT” Regulations

“Right to Rent” regulations are designed to stop people who are in the UK without permission from obtaining access to rented accommodation. In order not to be discriminatory, those regulations apply to all British nationals, EU nationals and nationals of all other countries. You should not be offended if a landlord asks to see your passport or other documents which confirm your immigration status. A landlord or letting agent will wish to protect their position in law by checking that a prospective tenant is lawfully here. A British or EU national can satisfy the check by showing their passport or other documents such as a driving licence or a birth certificate. For International Students who are here lawfully, the checks are equally simple and can be satisfied by showing a Student Visa and a letter from the University confirming that you are a registered student. List of documents which you may need to show your landlord, if asked:

• UK passport • EU passport or identity card • Other (than UK or EU) passport with a stamp which shows the holder is allowed to stay in the UK for a time-limited period (student visa stamp) • Permanent residence card or travel document showing indefinite leave to remain • Home Office immigration status document • Letter from the University confirming your enrolment

The Landlord must:

View the original versions of the acceptable documents for ALL adult tenants, in the presence of the holder of the documents, and retain COPIES with a record of the date on which the check is made.

FINDING A HOME

Looking for accommodation might seem like a big challenge, but there is plenty of support to help you. For most students this may be the first time you rent a property, so it is essential that you have all the information needed to make your year (or more) an enjoyable, safe and cost-effective experience.

WHEN TO LOOK FOR A HOUSE

Normally the house hunting season starts in January/February. Each year the Student Union holds 2 Housing Fayre events soon after Christmas break where lots of useful information is available. You can meet local letting agents and Brunel Student Homes. We normally start publishing details of the Housing Fayre in the beginning of January. Alongside Housing Fayre we arrange several informal meetings for all those who are looking for housemates or want to join a group. Look out for our “Fresh Meet” socials promotions on campus and online. Come and join us for some nibbles and to exchange contact details with your new potential housemates. If you need to find a place to live outside normal house-search time, please come and see us at the ARC and we will be happy to assist you. Alternatively, you can contact Brunel Student Homes or letting agents directly - contact details are at the back of this booklet. Finding your next home doesn’t need to be a headache. It is important to understand the options available to you, and the rights you have depending on the option you choose.

REPUTABLE SOURCES

• Brunel Student Homes. All information can be found at: www.brunel.ac.uk/services/accommodation/living-off-campus. This is a service dedicated to students’ needs and does not charge for its services, unlike most agencies. We are confident in recommending this service as it operates to very high standards. • Union of Brunel Students Preferred Letting Agents Scheme (PLAS). All information can be found in the Housing section at: www.brunelstudents.com/advice PLAS is a membership scheme for trusted local letting agencies, vetted by the Student Union. • You can also view Shelter’s advice on finding private accommodation: england.shelter.org.uk/get_advice/private_renting Shelter is one of the best housing information resources in the UK. • Check out Shelter’s Students section: england.shelter.org.uk/get_advice/student_housing

HOUSE HUNTING ESSENTIALS CHECKLIST

Before you look for a property make a list of what is important to you. If you move in and discover it is too cold or the bedroom is too small you cannot move out because you have signed a contact and still have to pay the rent. If you encounter severe problems, always seek advice from the ARC before making any decisions about moving out. The following checklist covers the basic things you need to consider. Use it with your list of what you want so you are not disappointed when you move in. Don’t forget to look at different properties with different landlords. This will let you compare properties and help you make a decision. What to consider: • would you be happy with the bedroom? Think about studying space with a good desk and comfortable chair • does the kitchen have enough equipment and space for you all to prepare and store food? • are there enough bathrooms? • is there enough natural light in your room? • is there a “social space” to meet others? How would you feel if you are in your bedroom all the time?

PROPERTY CHECKLIST Name of landlord: Address:

Rent per month:

Location

Circle as appropriate

How long will it take to get to University? Check bus/train times.

Short

Average Long

Cheap

Average Expensive

Will the cheaper rent make up for the bus/train fare?

Yes

Unsure

Lots

Some

None

Plenty

A few

None

Safe

Average Unsafe

How much will a weekly ticket to University be?

Do you know any friends living in the same area? Are there any local shops?

Would you feel safe in the area (especially at night)?

Cost

Do you know what the monthly rent is?

Do you know when the rent payments are? (eg monthly/3 months) Can you afford to pay it all yourself?

Do you have to pay the bills (eg gas/electricity/water)? Can you afford the deposit?

Furniture

Are you happy with the condition of the included furniture?

If not, will the landlord replace any of it? Is there enough furniture in your room?

Do you have a desk and chair for studying?

Are there enough chairs for the dining table?

Heating

Is there central heating in the property? Is there central heating in your room?

Are the radiators big enough for the rooms?

Condition

Are there any repairs that need doing? Are there any signs of damp?

Would you be happy with the decor and carpets? Does the heating boiler look quite new?

(A new boiler is more reliable and cheaper to run.)

Security

Is there a burglar alarm that works?

Do the ground floor windows have locks? Are the outside doors strong?

Would you feel safe in the property?

Landlord/Letting Agent Have you met the landlord?

Has the landlord/letting agent signed up to a code of standards?

Has the landlord stated they will put your deposit in a Government backed tenancy deposit scheme?

BEFORE YOU SIGN THE CONTRACT

• get the contract checked. You can make a contract check appointment with an ARC Adviser • ask the landlord or letting agent which Tenancy Deposit Scheme they are going to use. By law they have to protect your deposit using a government scheme • make sure you are happy with the people you will be living with. If you are making arrangements to rent a house in January, by September the relationships and friendships may change. Some people may drop out or decide to live somewhere else. Discuss this seriously within the group; those who sign the contract and then leave will be liable for rent payments until suitable replacement tenant is found • make sure the property contains everything you need • check that the property is in good condition. If any big repairs are needed or it has damp, think carefully about whether you want to rent the property in this condition • make sure all extra agreements for improvements or rent reductions are written into the contract • speak to current tenants and see what they think of the landlord. Once you sign a contract it is too late to make changes, cancel the contract or get your deposit back if you change your mind

You should not sign a contract if...

• you are not happy with the property • you have not discussed all important issues with your new housemates • you have not seen the exact property you will be living in. If the landlord/letting agent says it’s “the same as yours”, don’t sign • you are not sure you want to stay in the property and can pay the rent until the end date on the contract

Does my tenancy agreement have to be in writing? No, a tenancy agreement exists even if there is only an oral agreement between the tenant and the landlord. However, an oral agreement can be difficult to enforce because there is often no proof of what has been agreed, or a particular problem may have arisen which the agreement did not cover. 10

Therefore, it is in your interest to have a written contract and we strongly encourage you to make a contract check appointment with an ARC Adviser before you sign your tenancy agreement.

CONTRACT CHECKING

If you have found your ideal property, you should ask the landlord or the agent for a copy of the contract. Once you have got it, the ARC Adviser can help you to check it. We will have a look through it, alert you to important or unusual clauses and make sure that the contract is OK. You should not feel pressurised by the landlord or letting agent to sign a contract without first having the opportunity to read it through and to get independent advice. The ARC provides a Contract Check service and we aim to review these and respond to you within 5 working days. You will not be able to get your contract reviewed immediately at a 15 minute Drop In session as we do need the time to go through it properly. Try to resist landlord's requests to have it signed off "by tomorrow"! What you could do:

• Read through the contract and highlight any information you require clarification on • Drop off a copy of your contract at the ARC during our Drop In sessions; or • Email a copy of your contract to advice@brunel.ac.uk. Please include your Student ID number in all email communications

UPFRONT COSTS OF RENTING

On 27 May 2015, the Consumer Rights Act 2015 made it a legal requirement for all Letting & Property Management Agents to display a list of fees on business premises and on websites. Agents must make potential clients, both tenants and landlords, aware of all compulsory and upfront charges. These are fees all clients will have to pay that are additional to the rent or service charge. You will find a variety of upfront rental costs. These are sums like holding deposits (used to take the property off the market), inventory costs and security deposit registration. We contacted some local agents to ask them for a breakdown of the upfront costs of renting. Figures varied, but were mostly of an acceptable level and clear in their application. We present these in categories as follows: • Security deposit and rent in advance – across the board this is demanded at the value of 1 or 1.5 months rent as deposit and one months rent upfront. This is standard practice across the rental market and while it may seem a large amount to provide upfront, it is done to provide security for the landlord in the event the tenant makes any damage to the property or is unable to pay rent during the tenancy. • Administration fees – most commonly this will cover items such as make-up of the tenancy agreement and preparation of the inventory. Some agents charge separately for these so if you are unclear what you are being asked to pay for you should always ask for a breakdown and attempt to negotiate where you can. Of the agents that we asked this category of fees ranged from £60 to £150, which is around the margin you would expect. To put things in perspective, legally an agent can charge whatever they want for these items. If you think the administration fees are too high, you can try to negotiate with the agent but you cannot compel them to reduce the fees.

• Deposit registration – this may be found within admin fees and is an amount paid to secure the deposit with the relevant deposit protection scheme (which resolves any disputes over deductions at the end of the tenancy). The two agents who charge this ask for £20 each.

• Referencing – this is the process of checking the tenant’s credit score with companies like Experian, as a means of establishing whether they have a good history to pay rent throughout the tenancy. Figures we obtained for this were £40-£50. • Holding deposit – this is probably the most contentious area of charges for students as it is money upfront to take the property off the market and make it available to the tenant group. This does not mean the agent cannot then pass it on to another student group, or that there is a binding agreement to give it to the students. Of those agents who charged for this we found lower figures of £100/150 going up to £400. We would advise that those in the lower range are more acceptable. Please see below for important information on deposits. • Check-in/check-out of property – only one agent gave us clear figures for these as part of their own procedures. It is therefore not that useful to provide these. These apply to the cost of an inventory and checking the property for damage and for comparison for when the check-in was done. These figures are most commonly found in the administration fees. Ask the Agents for the full breakdown of fees before you part with any money. Transparency is the key issue. You should not pay... • any money to the landlord or agent before you sign the contract. You may be asked for a holding deposit to reserve the property • the deposit to someone unless you are absolutely sure this is the landlord or letting agent and their name is on the contract • money to another tenant in the property - it should always go straight to the landlord or letting agent What you have to pay... • work out how much money you can afford to pay for the whole year including your rent and deposit. Remember to add money for bills • ask the current tenants how much their utility bills are. These can be over £10 per week • get a television license. It is a criminal offence not to have one and you could be fined over £1,000

DEPOSITS Holding Deposit

Some agencies ask prospective tenants to pay a holding deposit to 'reserve' a particular property while references are checked and the tenancy agreement is drawn up. Usually the amount of the deposit is around £100 to £200 for the property. Your landlord does not have to protect a holding deposit. Once you become a tenant, the holding deposit often becomes a security deposit, which the landlord must protect. Ask the landlord or an agent whether the holding deposit will become the security deposit once you sign the contract. You might be told that paying a holding deposit will result in the property not being shown to other prospective tenants. The property however may be advertised with other agencies so it may not be “off the market” at all. The landlord may not be bound by your letting agent’s promise and may invite other prospective tenants to view or enter into agreement. Make sure that letting agents are able to guarantee that the property will be genuinely reserved for you and that it will not be available to other possible tenants. Always ask for an invoice which contains clear terms in what circumstances the holding deposit will be refundable or non-refundable. Make sure it is signed, and the signature is also printed so it is clear who has taken the money. Do not be embarrassed to ask for this it is after all YOUR money and you are entitled to know the terms and conditions of the transaction. Any holding deposit that you pay should be deducted from the security deposit which you have to pay before moving in.

If you do not move in after all, the holding deposit is not likely to be returned to you. However, there are exceptions: If the landlord or letting agents choose not to go ahead with the tenancy, you should receive a refund of all pre-payments. If you are not able to move in because of reasons beyond your control (for example, if you are hospitalised or if the property is not fit to live in at the start of the tenancy ) it may be unfair for the agency not to return your holding deposit. The Office of Fair Trading (OFT) has issued Guidance on Unfair Terms in Tenancy Agreements. One of its concerns is to ensure that any charges or penalty payments are not disproportionately high. Paragraph 3.42 of this Guidance states â&#x20AC;&#x153;Where cancellation is the fault of the tenant, the landlord or agent is entitled to hold back from any refund of prepayments a reasonable sum to cover either the net costs or the net loss of profit. Tenants would be at fault if, for instance, they gave false or misleading information, but not merely because the landlord thought their references were not sufficiently good.â&#x20AC;?. The agency or the landlord are normally perfectly entitled to charge you whatever they wish. It is up to you to agree or not to those charges if you find them acceptable or not. The key is to ASK, UNDERSTAND, DISCUSS and then, only then, pay any deposits or charges and finally sign the agreement. ASK to see a breakdown of any possible charges. Make sure you UNDERSTAND the breakdown and that there are no vague and unclear terms. DISCUSS those extra charges with your prospective housemates, to make sure everyone is happy and can afford them. If you had to pay unreasonably high charges or the agency did not give you full details of the charges in advance, you may be able to challenge the charges on the grounds they are unfair. If you believe an agency is acting illegally you can make a complaint and report them to your local council trading standards department or tenancy relations officer. Advice on making a complaint can be found here: england.shelter.org.uk/housing_advice/private_renting/ complaints_about_letting_agents

Security Deposits

Your landlord must put your deposit in a government-backed tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. Your deposit can be registered with Deposit Protection Service, or MyDeposits, or Tenancy Deposit Scheme. If you not sure whether your contract is an assured shorthold tenancy, use Shelter Tenancy Checker: england.shelter.org.uk/get_advice/ downloads_and_tools/tenancy_checker. Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it. Once your landlord has received your deposit, they have 30 days to tell you: • the address of the rented property • how much deposit you’ve paid • how the deposit is protected • the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service • their (or the letting agency’s) name and contact details • the name and contact details of any third party that’s paid the deposit • why they would keep some or all of the deposit • how to apply to get the deposit back • what to do if you can’t get hold of the landlord at the end of the tenancy • what to do if there’s a dispute over the deposit There are serious consequences for the landlord if your deposit is not protected, if you are not given the above information or if anything is done too late. At the end of your tenancy your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back. If you are in a dispute with your landlord, then your deposit will be protected in the deposit protection scheme until the issue is sorted out.

For more detailed information and step-by-step guides about Deposits please check Shelter’s website: england.shelter.org.uk/get_advice/ tenancy_deposits.

If you are having major difficulties in recovering your deposit, contact the ARC and/or use the Deposit Recovery Pack: unipol.leeds.ac.uk/ Leeds/IFS/Deposits/Tenancy_deposit_non_compliance.

HOW PRIVATE LANDLORDS CHECK TENANTS

When you have found a place you want to rent, be ready to act quickly to get it. Have your money sorted out and your documents ready for the landlord to check. Follow our tips: 1. Be prepared for a credit check Most landlords run a credit check to see if you have had problems paying bills in the past. It is not a legal requirement and the landlord needs written permission from you. Check your own credit record for free through Experian: www.experian.co.uk Be honest with a letting agent about a bad credit rating before you pay any fees. If you fail a credit check you risk losing fees you have paid. If you have a bad credit history, you may have to provide a larger deposit or suggest someone who could act as your guarantor. 2. Provide proof of identity Landlords or letting agents want to see photo ID, such as a driving licence or passport. If you do not have photo ID, a signed bank card is enough for some landlords, or you could provide a gas or electricity bill from your current home. Be careful who you trust. Fraudsters have been known to pose as landlords so make sure you ask for proof, such as photo ID. Do not give anyone a copy of your personal documents without knowing who they are. Find out more about rental fraud from Action Fraud: www.actionfraud.police.uk/fraud-az-rental-fraud

3. Get references You may be asked to provide contact details of your landlords for the past three years and the addresses and dates of everywhere you've lived in this time. This may not necessarily happen for younger undergraduate students. If you have not rented before, you may be asked for the contact details of your parents or a guardian. 4. Confirm your circumstances Landlords may want proof you are student. The landlord or letting agent may also ask for your bank details and recent bank statements. 5. Be ready to pay upfront costs See our section on Upfront Costs of Renting. 6. Provide details of a guarantor A guarantor is a person who agrees to pay the rent for you if you are unable to pay it yourself. You may need a guarantor if it is your first time renting or can't prove you have a regular source of income. Your guarantor normally needs to sign a special form provided by the landlord or letting agent. Think about who you could ask to be your guarantor. They usually need to be a UK resident and own a property. Your guarantor should check what they are agreeing to cover, as it may be more than just your rent. For example, if you're in a shared flat or house, your guarantor may risk being held liable for your housemates' unpaid rent.

STUDENTS WHO DON’T HAVE A GUARANTOR Landlords often request that international students who cannot provide UK based guarantor to pay substantially higher deposit, sometimes worth up to 12 or 6 months rent in advance. It can apply also to UK students who just do not have anyone who can act as a guarantor for them. In such circumstances it may be useful to check Housing Hand: housinghand.co.uk whose rent guarantee service provides you with a secure UK based guarantor, so you can pay your rent monthly. In addition, Brunel University plans to provide guarantor service to our international students in the near future. Please check at the Student Centre whether this service is up and running yet.

JOINT AND SEVERAL LIABILITY IMPORTANT INFORMATION FOR JOINT TENANTS

Joint tenants have equal rights and responsibilities. They all occupy the property as a whole rather than each having a right to a particular part of it. The most important points are:

• each tenant has an equal right to remain in the property and not to be excluded without a court order • each tenant is legally liable for the whole of the rent and the landlord could choose to pursue any of them for the whole amount. If one person does not pay her/his share, or leaves, the others are liable to the landlord for paying all of it. If one joint tenant fails to pay the rent and others have to pay, they can take legal action to get the money back from their co-tenant. This would be an action based on breach of trust. Specialist advice will be needed • if the terms of the tenancy are broken by any tenant, action can be taken by the landlord against all of them • each tenant has equal rights as an occupier to apply for

housing benefit for her/his share of the rent • if action needs to be taken against the landlord for breach of contract, for example, to claim damages for disrepair or harassment, all joint tenants must sue together • the tenancy cannot be assigned to a third person without the consent of all joint tenants. Replacement tenants can only join the tenancy with agreement of all parties (that is the landlord and remaining tenants) • if one joint tenant breaches terms of the tenancy agreement, for example causes a nuisance to neighbours, and if court action were taken by the landlord to get possession for that reason, the action would have to be taken against all joint tenants and, if successful, the joint tenancy would be ended for all joint tenants. This is because all tenants are equally liable for breaches of the tenancy by either one of them • if one joint tenant simply leaves and takes no steps to end the tenancy, the joint tenancy and joint liability will continue for all joint tenants

QUIET ENJOYMENT

WHAT DOES IT MEAN

Your tenancy agreement may contain a phrase â&#x20AC;&#x153;quiet enjoymentâ&#x20AC;?. It is actually a legal term which means that you can occupy the premises without being disturbed by the landlord or his agents. Quiet enjoyment is an implied contractual right whether or not it is written into the tenancy agreement. It is a very strong protection from too frequent visits from the landlord or agents, without notice or valid reason.

MOVING IN

How things are at the start of the tenancy will be taken into consideration as a point of comparison to the end of the tenancy. This applies to your security deposit and whether some of it will be withheld. This is why it is extremely important to take a moment and record everything carefully. Very often you will be presented with the Moving In Inventory which should list all major features of the property and describe the condition of those features. For example it will say that a carpet in the main hallway was brand new or that the cooker was slightly marked. It is vital that you go through the initial inventory carefully and make notes if you disagree. If you have any comments on the inventory, you need to contact the landlord or the agent immediately, as leaving it for later will create a doubt as who caused the damage/dirt ie you or the previous tenant. It is often very helpful to take photographs or invite the landlord to go through the inventory with you.

MOVING IN CHECKLIST ON THE DAY YOU MOVE IN Read the electric meter Date of reading: Read the gas meter Date of reading: Call the utility provider to set up joint bills To find out your gas supplier ring: 0870 608 1524 To find out your electricity supplier ring: 0845 600 0102 Know the alarm code (if applicable) Read the moving in inventory Make notes if you donâ&#x20AC;&#x2122;t agree with the inventory Take photos of things where you disagree with the inventory Notify the landlord or agent about the problems with the inventory (follow up any verbal communication with email or a letter) Check the house keys and security of all doors and windows Check that all repairs or maintenance are completed Check you have emergency contact details of your landlord

TO DO NOTES

(Y, NO, N/A OR OTHER COMMENTS)

Check that you know how to turn off water, gas and electricity in an emergency Know your fire escape route

WITHIN THE FIRST WEEK HAVE YOUâ&#x20AC;Ś

NOTES

(Y, NO, N/A OR OTHER COMMENTS)

Insured your possessions?

Found out your refuse and recycling collection days? Introduced yourself to neighbours? Sent your council tax exemption certificate to the local council? (Ask for a certificate via Student Centre website intra.brunel.ac.uk/s/ studentcentre/evision-and-letters/Pages/ Letters.aspx) Discussed house rules and created a cleaning rota? (Sounds boring but it can save a lot of problems later) Tested the fire alarm?

DISREPAIRS, DAMP AND MOULD TOP TIPS:

1. Communicate with your landlord and agent - they normally genuinely want to help but they need to know if there is a problem straight away 2. Keep a record of all communications - if you speak to someone, ask them for their email address and send a confirmation of your conversation 3. Be reasonable - some problems are within your responsibility and some time frames for repairs are not immediate 4. Seek advice early - do not let the problem develop 5. Be clear who is responsible for what types of repairs 6. If you feel you cannot move in - seek advice. If you pay for a hotel or sign a contract for another property you could lose a lot of money 7. You must still pay your rent even if you feel you are entitled to compensation for disrepair What are disrepairs and who is responsible? Whilst you are renting your property your landlord has to meet certain obligations in relation to repairs. Some of the most common disrepair problems in rented properties are: • damp and mould • blocked drains • leaking pipes and blocked toilets • roof leaks • electrical hazards You may have something in your home that's not broken but does not work as well as it could, for example a window that is draughty but not actually broken. This does not count as disrepair and a landlord wouldn't have to fix it. Section 11 of the Landlord and Tenant Act 1985 is the most important of the landlord's obligations to carry out basic repairs. A landlord is responsible for making sure the following are kept in good repair: • the structure and exterior of the property • water, gas, electricity and sanitation systems • heating and hot water systems 24

• safe electrical wiring • appliances included as part of the tenancy agreement (for example, washing machines) If however you have caused one of those systems to malfunction, for example by blocking the sink or interfering with the electric wiring, the landlord may charge you for the repairs. As a tenant, you are responsible for minor maintenance such as replacing lightbulbs and checking smoke alarm batteries and for any appliances you bring to the property.

Taking action to deal with disrepair

STEP ONE - check the tenancy agreement If you have a written agreement, check it to see who it says has responsibility for the repair. STEP TWO - notify the landlord If the landlord is responsible for doing the repair, you must first make sure that you give the landlord reasonable notice that the repair is needed. You should put your request in writing and keep a copy. What 'reasonable notice' is depends on the individual situation, for example, the scale of the work and the effect the disrepair is having on the tenant. If you have no heating in the middle of winter, then reasonable notice would be much shorter than if you had this problem during a heatwave. STEP THREE - collect evidence of the disrepair You should make a written description of the disrepair and collect the following evidence: • proof of when the landlord was notified of the problem, for example, a copy of a letter • photographs • medical reports, if the disrepair is affecting your health (including stress) • details of any costs incurred as a result of the disrepair. For example if you had to pay higher electricity bills because you

had to use your own electric heater as the boiler was broken STEP FOUR - consider the options for action and seek advice If possible, you should first negotiate with the landlord to try and get her/him to undertake the repair in accordance with her/his responsibilities. If the situation is serious and you live in Hillingdon, contact the London Borough of Hillingdon Private Housing Sector team on (01895) 556666 or hillingdon.gov.uk/article/12771/Housing-conditions to arrange an appointment to inspect the property so that they can submit a report of the disrepair to the landlord and request that action is taken to get the repairs completed with set timeframes. Each Local Authority will have a section responsible for Private Housing; check your Councilâ&#x20AC;&#x2122;s website or come to the ARC to get help. Alternatively, you could pay for and undertake the work yourself, if the landlord agrees. Make sure you and the landlord write it down and specify that the costs of repairs for which youâ&#x20AC;&#x2122;d pay will be deducted from your rent. The legal definition of disrepair is that there is damage that needs to be put right.

Revenge Evcitions

You do not generally have the right to withhold rent, and should not do this in an attempt to force the landlord to do repairs. Doing so could jeopardise your right to remain in the property because the landlord can start possession proceedings on the basis of rent arrears. Taking court action against the landlord for breach of a duty to repair is complicated. It can be costly and time consuming. Court action should be used only as a last resort. The law, which was passed as part of the Deregulation Bill, makes any eviction invalid where the tenant has made a complaint about housing conditions that the landlord did not respond to adequately. 26

Where a landlord gives notice seeking possession through a ‘Section 21 notice’ following a complaint about the condition of their home, it will no longer be possible to evict that tenant and a court must strike out any attempt to evict under those circumstances. The rules apply if your new assured shorthold tenancy started on or after 1 October 2015 or you signed a renewal contract on or after that date. You can find more information by searching for “Shelter England revenge evictions”

Damp and Mould

If the property has damp or mould the first thing to do is find the cause and then check if there is something as a tenant you can do, or is the problem a landlord’s responsibility. Damp and mould can affect your health, so it's important to get rid of it. Causes of damp and mould Damp and mould are caused by excess moisture. Moisture in buildings is most commonly caused by leaking pipes, rising damp in basements or ground floors or rain seeping in because of damage to the roof or around window frames. Repairs of that kind are the landlord’s responsibility. Condensation Excess moisture indoors can also be caused by condensation. Condensation forms when the air indoors cannot hold any more moisture. This can be caused by cooking, showering, drying clothes indoors and by human breath. Droplets can form on indoor surfaces such as mirrors, windowsills and on walls, particularly when they are cold. Condensation can be worse if rooms are poorly ventilated. You can help to prevent condensation by: • putting lids on saucepans when cooking or using extractor fan • drying washing outside whenever possible • opening the windows for 15 minutes each day • heating your home a little more • ventilating rooms regularly and leaving doors open to allow air to to circulate, unless you are cooking or showering

• if you’re cooking, showering or bathing – opening the window, putting on the fan and closing the door of the room you are in • speak to the landlord - ask them to provide tumble dryer, fit a cooker hood or an extractor fan etc. If you are doing whatever you can and it is not helping, the landlord should take action to protect their property from damages caused by condensation. Beware also of potential effect on your security deposit! London Borough of Hillingdon has an excellent section on dealing with Damp and Mould: hillingdon.gov.uk/article/14869/Preventing-damp-and-mould

HOME SAFETY AND CRIME Gas Safety

It is a criminal offence for the landlord/agent not to have all gas appliances serviced and checked every 12 months, or for them to use someone who is not registered with the Gas Safe Register (Tel: 0800 408 5500). If the landlord/agent refuses to have the gas appliances serviced, or they do not act on concerns that you raise, contact Environmental Health office of your local council (Hillingdon - hillingdon.gov.uk/ index.jsp?articleid=12780). They will check the appliances are safe and can then serve legal notices on the landlord/agent to have a full service carried out. They can also report them to the Health and Safety Executive (HSE) for not carrying out their legal obligations. The HSE have the power to instigate criminal proceedings against the landlord/ agent. HSE Gas Safety Advice Line: Tel: 0800 300 363

What to do if you smell gas: • call the gas emergency helpline immediately on 0800 111 999. • do not smoke or use naked flames • do not use electrical switches. Sparks caused by electrical appliances can ignite gas • open the doors and windows, if possible, to let the gas escape • check gas appliances to see if any have been left on

• check to see if any pilot lights have gone out • leave the affected area, and keep other people away • turn off the gas at the meter Carbon Monoxide – the silent killer Every year about 14 people die from carbon monoxide poisoning caused by gas appliances and flues which have not been properly installed or maintained. Many others also suffer ill health. When gas does not burn properly excess carbon monoxide is produced, which is poisonous. You cannot see it. You cannot taste it. You cannot even smell it. But carbon monoxide can kill without warning in just a matter of hours. You are particularly at risk when you are asleep because you cannot recognise the early symptoms of carbon monoxide poisoning. These include tiredness, drowsiness, headache, nausea, pains in the chest and stomach pains. These symptoms can mimic many common ailments and may easily be confused with flu or simple tiredness. If you or your friends experience the above symptoms, and you believe carbon monoxide may be involved, you must seek urgent medical advice. Your doctor will need to test a blood or breath sample. Carbon monoxide quickly leaves the blood and tests may be inaccurate if taken more than four hours after exposure has ended. NEVER use a gas appliance if you think it is not working properly. Signs to look out for include yellow or orange flames (except for fueleffect fires which display this colour flame), soot or stains around the appliance and pilot lights which frequently blow out. NEVER cover an appliance or block the convection air vents. NEVER block or obstruct any fixed ventilation grilles or air bricks. NEVER block or cover outside flues. If you think there is a problem: • stop using the appliance immediately • contact the landlord/agent and advise them of your concerns. • open all doors and windows • shut off the gas supply at the meter control valve (if you know where it is) • if gas continues to escape call National Grid on the Gas Emergency Freephone Number 0800 111 999

Don't be put off asking the landlord to investigate a possible problem by them telling you the appliance is safe because they have a gas service record. This record is for a given day, gas appliances can develop faults at any time. The fact that they have recently been serviced does not mean that they have not subsequently developed a potentially dangerous fault.

An audible carbon monoxide alarm is a good way to ensure you are immediately alerted to any carbon monoxide in your home. If your landlord has not provided you with one, you can buy it yourself and simply take it with you when you move out. Landlords must ensure that there is a carbon monoxide alarm fitted in any room that is used partly or wholly as living accommodation which also contains any appliance which burns, or is capable of burning, solid fuel. This would include log and coal burning stoves and open fires, even if they are not normally in use, but does not include gas and oil boilers. Carbon monoxide detectors are widely available from DIY stores, usually found in the smoke alarm section, from supermarkets, or through your energy supplier. Your carbon monoxide alarm is not a replacement for a standard smoke alarm - you will need one of each. Prices for carbon monoxide alarms from brands including Kidde, FireAngel, Honeywell and Ei Electronics range between £15 and £35. Your carbon monoxide detector should: • have an audible alarm - rather just than a ‘colour change’ or ‘back spot’ indicator tool - which will sound an alarm when it detects CO • have a British Standard EN 50291 mark - also written as BSEN 50291 or shown with the CE mark Your landlord is required by law to make sure that: • the wiring in your home is safe • any appliances provided are safe This applies to whatever type of tenancy you have, from the time you 30

Electrical Safety

move in until you leave. In practice, this means your landlord should carry out regular basic safety checks to make sure the electrics and appliances such as cookers, washing machines, fridges and freezers remain in good working order. Your landlord can arrange for an electrical inspection by a qualified electrician before you move in. An electrician can also be asked to provide a periodic inspection report at any time during the tenancy. Ask your landlord for a copy of the electrician's inspection report. What are the warning signs? • broken plug sockets • plugs that get hot when they are used • sparks from electrical appliances/sockets • fuses which continually blow • loose switches • exposed wiring • smell of burning or burnt plastic Your responsibility: • report any problems with the electrics or appliances to your landlord immediately • allow access if your landlord or an electrician need to visit to inspect or fix a problem. Your landlord should give you 24 hours' notice before coming round • never attempt to extend, repair or replace damaged or worn-out parts of the electrical wiring yourself The safety of appliances you bring into your accommodation is your responsibility. If you have any doubts about the safety of an appliance, get it tested or replace it. If you have reported a problem to your landlord and they have refused to put the situation right or ignored your request, contact the ARC and/ or your local council. The council can take enforcement action against landlords who don't comply with safety rules. 31

Your landlord must have the electrics checked every 5 years if you live in a shared property. An electrician's periodic inspection report showing the property continues to be safe must be available to tenants.

Fire Safety

The landlord must ensure that a smoke alarm is fitted on each storey of the premises on which there is a room used as living accommodation. It also includes a hall or landing. This means that a smoke alarm must be provided in working order on each storey. All soft furnishings such as sofas, armchairs, cushions and bedroom furniture must comply with fire safety standards and be made from fire resistant materials. Most new furniture should have a permanent label to show that it meets with the Fire Safety Regulations. If your furniture does not have the necessary labels check with the landlord/agent. If you have any concerns contact Trading Standards who have the power to enforce the legislation. A landlord/agent may ask you to remove furniture you bring from home if it does not meet with the standards. Landlord/agents put in fire detection systems for your safety and the protection of their property so please: • test smoke alarms once a week • do not remove the self closing mechanisms on fire doors • do not prop fire doors open • never cover up or remove batteries from smoke or heat detectors. If a fire breaks out you risk death or serious injury to yourself or other tenants. The landlord/agent could sue for damage caused to their property • always put candles on a protected surface • never leave a candle lit when you go to sleep or leave the room. Equally, never light up a cigarette when you think you may fall asleep 32

Inform the landlord/agent immediately if the fire extinguisher or fire blanket has been used. If either are used inappropriately, the household could be charged for a replacement.

CRIME AND INSURANCE

According to Home Office statistics, one in three students become victims of crime before they graduate. You can avoid being one of them.

Where to live: • check the area for signs of crime e.g. broken glass, boarded windows • visit at different times of the day and night • if you are renting a basement room, check how secure it is • be wary of gates and grills as they will make it difficult to get out in the event of a fire Make sure you house has: • curtains on downstairs windows • window locks • a burglar alarm • a solid front door with proper locks Get into a good routine: • make sure your home is secure every time you leave the house even if you are only popping out for five minutes • lock up properly. Never just use the Yale lock • lon’t leave any external doors unlocked when you are at home • never leave valuables on window sills. Keep valuable out of sight • mark your property with a UV pen • take your valuables home with you over the holidays • use timer switches when you are out/away • don’t leave downstairs windows open when you are not in the room If you live in Halls or flats: • don’t let strangers follow you into your halls or flat. If someone lives there, they should have a key so close the door behind you • if you’ve got an intercom, never buzz people in who you don’t know 33

Insurance - Get covered! Skimp on insurance now and you may regret it later. If you are not covered how would you pay for anything that was stolen? • get a policy that covers what you need. Ask questions and shop around for the best deal • check if you are covered by your parents’ insurance • beware of exclusions or special requirements (e.g. locks on bedroom doors) If you live in University accommodation you are already partially covered. Check the terms and conditions here: brunel.ac.uk/services/ accommodation/residences/services-guide/insurance or call Endsleigh on 0800 032 7081. If you have got a lot of expensive stuff or want your bike covered, you may need to take out additional cover. Nupad Letting Agency also offers basic free contents insurance for all tenants living in their properties for the whole duration of the 2018/2019 tenancy. Cover will include laptops and other electronic items. I've been burgled, what do I do? 1. Call the police Non Emergency Telephone Contact Number: 101. Make sure you get a crime reference number as you will need this for your insurance. Do not move anything or tidy up until after the police have visited. 2. Contact your landlord to secure the property if forced entry has been used. 3. If you live in University Halls or flats, contact the Accommodation Office and the University Security Service. 4. If you live in Halls or private rented accommodation and have personal insurance cover, contact your insurance company to make a claim. Insurance is not an alternative to being conscientious about security. If a burglar gets in through an unlocked door or window, your insurance company may not pay out.

COUNCIL TAX

Council tax is a tax applied to residential properties. It is collected by local authorities to help fund their services. Some categories of property are exempt from paying the tax. In almost all cases, full-time students (as defined by the council tax regulations) don’t have to pay. Here are some details about council tax – make sure you are not liable or paying it unnecessarily. Council tax is applied to properties, not people, but exemptions from paying the tax are based on the people who live in the property. A property is exempt from council tax if everyone who lives there falls into at least one of several categories, including: • full-time college or University students • student nurses • 18 or 19-year olds in full-time education • children under 18 years old • a student’s overseas partner (if they entered the UK on a visa that denies the right to work or claim benefits, or if they have the right to work but not to claim benefits) • Student Halls of residence are automatically exempt Full Time Undergraduate Students FT UG students are “invisible” for council tax purposes. They are not liable and they not should be asked to pay council tax until they graduate, are expelled or withdraw from their course. Postgraduate Students Full-time postgraduate students are regarded as full-time students for council tax purposes in the same way as other full-time higher education students. Unfortunately, postgraduate research students sometimes find it difficult to secure the right council tax exemption. Some local authorities don’t believe their periods of study, tuition or work experience meet the requirements – often because the periods of study do not take place on the University campus. However, the legislation explicitly states that study does not need to be at the student's institution, and such refusals have been successfully challenged – notably in an appeal in Kent.

Other postgraduate students have had difficulty in securing exemption during the thesis ‘writing up’ period after the formal end of the course. While some local authorities are sympathetic and will extend your student status after the end of the course, others have been known to regard such students as liable. If this affects you, seek advice from the ARC. Part Time Students; UG or PG PT students are liable for council tax and unless they are entitled to a local Council Tax Support Scheme, they have to pay council tax. Taking time out from your course If you are a full-time student you may need to suspend your studies for whatever reason (eg illness or caring for a relative). If you remain registered on your course because you intend to return, you should still count as a full-time student for council tax exemption purposes, because you remain within the period of the course. Contact the ARC for a template letter which you could send to your council tax office to explain your circumstances. Students between courses If you’re moving from one course to another (eg you’ve finished an undergraduate course and intend to start a postgraduate course in the following academic year) you do not count for full-time student exemption for the time between the two courses. This is because you are not within the formal period of either course. Proving exemption You normally have to prove to your local authority that you are a full-time student. You can do this with a certificate of student status provided by the University. The University is required by law to provide you with one up to a year after you complete your course. Contact the Student Centre or request a Council Tax Exemption Certificate through e-vision. If you are in a shared property, all of the full-time students have to prove exemption. Those who do not are deemed liable for the council tax bill.

What if my property is liable for council tax? If your property is not exempt, the council tax must be paid.

The person responsible for paying the bill is usually the person living in the property who has the most interest in that property (eg the owner or person named on the tenancy agreement). If more than one person has equal interest, the liability is jointly and severally shared. However, full-time students are also exempted from liability in this situation. A property would be liable if, for example, three adults lived there, two of whom were full-time students and one of whom was not. Only the person who is not a full-time student is liable to pay the tax. When there is only one liable person in the property (as in the example above) they can apply for a 25% discount on the bill, and if their income is low enough they may be able to receive further council tax reduction.

BILLS AND UTILITIES

One of the very first actions you should take when you move in is to contact the utility suppliers with meter readings and ask them to set up a bill in joint names of all tenants. This way you will only pay for your usage, rather than for what the previous tenants used. Ask the landlord or the letting agents to help. It is also to their benefit to avoid any disputes later on. Sometimes the landlord or the letting agency would have already contacted the utility suppliers on your behalf, but it is always worth checking it yourself. See Moving In section for contact details of utility suppliers. When sharing accommodation, if only your name is on the utility bill, you are legally responsible for the whole of the bill until you end the contract. If your name is on the bill and someone else who lives with you will not pay their share, you will usually have to pay the bill and take action against them for the money. If an account is set up using the names of everyone who lives in the property, the supplier can chase anyone for any outstanding debts even if you've already paid your share. For advice on best methods to split the bills, save money and headaches see Save the Student website: savethestudent.org/ accommodation/guide-to-student-energy-bills.html or The Student Room section on Organising and Paying Bills: savethestudent.org/accommodation/guide-to-student-energy-bills. html

Non-payment of their share of the bills is one of the most frequent reasons for people in shared accommodation to fall out. Address this early on! There are some companies that offer a bill payment service for example Glide: glide.uk.com/tenants

ENERGY SAVING

Energy bills have a significant impact on students. Average student energy bill (gas and electricity) is over £500/person/year- it’s a significant financial outgoing for students. Inability to pay bills or heat the home adequately can have a significant impact on physical and mental well-being. You can save a lot of money on your energy bills through making small changes to your habits at home and being proactive with your provider research. Don’t forget that you maintain the right to change a supplier even if you are renting (and bills are not included in your rent agreement), you just need to inform your landlord. You can also request a smart meter from your energy provider, the In-Home Display (Ihd) helps you track your energy use and identify waste. This can help save £100 per year for many households.

Ofgem approved switching sites (goenergyshopping.co.uk) • Energylinx: www.energylinx.co.uk • The Energy Shop: www.theenergyshop.com • Quotezone: www.quotezone.co.uk • uSwitch: www.uswitch.com • Energy Helpline: www.energyhelpline.com • Money Supermarket: www.moneysupermarket.com • Switch Gas and Electric: www.switchgasandelectric.com • My Utility Genius: www.myutilitygenius.co.uk • Runpath: www.runpath.com • Unravel It: www.unravelit.com • Simply Switch: www.simplyswitch.com

Tips for saving energy: • energy can be saved whilst cooking. Use a correctly sized pan for the hob and remember the lid. Don’t overfill the pan, and use it as a reason to cook together with your housemates to save energy! • only fill the kettle to the required amount and turn it off just before it boils. Fun fact for a pub quiz- optimal temperature for most tea and coffee is below 100oc • defrost your freezer. As ice builds up the freezer uses more energy to keep it cold because it’s cooling ice/water rather than air. Defrost your freezer when lots of ice accumulates. Just don’t flood your kitchen • pay attention to your boiler settings and adjust radiator valves • don’t leave the hot water heating on all the time - discuss as a household what you need and when • check whether the property has a ‘time of use’ tariff (e.g. Economy 7) which gives cheaper electricity to heat water at some times of the day • keep the heat in by closing curtains when it gets dark and tucking them behind radiators • plug gaps – ask your landlord to fill any gaps in the windows, install insulation tape around the doors. Draught excluders are inexpensive to make or purchase but are incredibly effective • lower energy washing; take (shorter) showers, wash full loads of clothes, wash clothes at lower temperatures (30oc) • get the most out of your radiators; open windows to get rid of moisture – it’s harder to heat moist air than dry air. Don’t dry clothes on radiators. Install reflective foil behind radiators. Avoid portable heaters if possible • buy energy efficient appliances (A+++ = best D = worst). Buy LED lightbulbs (best) or CFLs (pretty good too!). Avoid halogen bulbs • don’t leave appliances on (or on standby) unnecessarily. Turn off appliances when you head home for holidays (apart from your freezer, remember the flooding) Things to concider when house hunting: • ask to see the Energy Performance Certificate (EPC) from your landlord/letting agent • check the energy-rating of appliances • ask if the property has a smart meter • look out for the tell-tale signs of a cold house (mould/condensation) • speak to current tenants • ask what their typical energy bills have been

• ask to see a Gas safety certificate • check for working smoke and carbon monoxide alarms Energy Performance Certificates (EPC) are important to check. Every property should have one – legal responsibility of the landlord to display it when advertising the property, and it shows how energy efficient the property is on a scale from A to G. A = best G = worst, and rating is likely to affect how much it costs to keep the property warm. Avoid F-G properties where possible. It is crucial to understand your energy bills. You may see real-time costs via a smart meter or only get quarterly bills, and it may take a while after moving in to receive that first bill. Don’t forget to take meter readings when you move in, including a photograph. Email that photograph to yourself so you have a record of the date it was taken. If you pay by direct debit you will probably pay the same each month and the difference between that and your actual usage will average out over the year. Paperless direct debits are the cheapest way to pay for your energy. Things to look out for on bills: • stimated usage – contact the energy company if your actual usage differs significantly, particularly if it is much lower • standing charges – daily charges for access to electricity and gas irrespective of how much you use • check that the meter number is correct!

INTER-TENANT DISPUTES

Falling out, disputes, arguments and bad days are a normal part of living together. Often by November or December, when the honeymoon period is over, the weather is not so bright and the bank account is lighter, it is very easy to snap and feel sorry for yourself. Do what you can to stop the issue from getting beyond repair. Identify the problem (for example cleaning rota abandoned, bill share unpaid, visitors staying beyond reasonable time etc) and have a house meeting. Don’t leave passive-aggressive notes around, stir and gossip or assume anything. Consequences of serious fall out are difficult for everyone. Mediation and Conflict Coaching If you feel that you need help, contact Mediation Service. Please contact student-complaints@brunel.ac.uk for information on Mediation. Another useful service is Conflict Coaching. Conflict Coaching is a confidential, informal support service for Brunel University students experiencing an unresolved conflict in a professional or personal relationship. It involves up to 3 sessions of 1-1 support with an experienced Mediator and Conflict Coach to help you find more effective ways of responding to a difficult relationship. To refer yourself for Conflict Coaching and access a Conflict Coach, please email in confidence: CCHR@brunel.ac.uk and search Brunel Intranet for Conflict Coaching leaflet which gives you more information about this service. Leaving early Normally tenants are unable to break the contract early. Tenancy Agreement (TA) is a very strong legal tool designed to offer stability and protect the landlord from financial losses. However, some TAs have a so-called “Break Clause”, which allows either the landlord or the tenant to bring the tenancy to an end. Check your contract carefully. 41

If there is no “break clause” in your TA you can still negotiate with your landlord. The TA, as any contract, can be changed if ALL parties agree. If you have a replacement tenant lined up and perhaps have strong reasons to leave (health, or you need to go back home to look after a sick relative, etc), having a good chat with the landlord could persuade them that it is always better to have a happy tenant rather than one who may be so unhappy that they leave anyway and stop paying rent. It is very expensive and troublesome for the landlord to pursue tenants who leave and other joint tenants will have to make up the portion of rent which was unpaid. You will need to pay any costs of the landlord advertising for a new tenant, preparing a new tenancy agreement, reference-checking – so you may have to be prepared to lose your security deposit. Once everyone has agreed that a change can go ahead, this legally ends the existing joint tenancy and creates a new one. However, in practice, it is likely that the existing tenancy agreement will be amended by everyone signing and dating the variation to the agreement (i.e. adding a note about the leaving tenant’s name and adding the replacement tenant’s name). If you leave early without the above arrangements, the landlord will have absolute right to pursue whoever they chose for your share of rent: ie your guarantor or the remaining tenants. If you are unable to follow correct procedures around leaving tenancy early (for example due to bereavement, very poor health or some other severe personal emergency) please ask the ARC for help. If you are looking for a replacement tenant, you can contact Brunel Student Homes at Housing-uxb@brunel.ac.uk and ask for a link and a password to a messaging board. Please contact the ARC if you need any further advice about leaving early, help with finding a replacement tenant or negotiating with the landlord. Please remember that a replacement tenant must be acceptable to the remaining tenants and the landlord. 42

If you want one of the other tenants to leave As joint tenants, you all have exactly the same rights, so one tenant cannot simply be forced to leave. If you have a problem with another tenant your landlord is unlikely to want to get involved and you will have to sort the problem out yourself. An independent third party may be able to help you to resolve any difficulties, for example, University’s Mediation Service. Please contact student-complaints@brunel.ac.uk for information on Mediation or making a complaint about another joint tenant who is a Brunel University student.

YOUR RESPONSIBILITIES • read the contract carefully - it’s dry and boring but absolutely ESSENTIAL • if you do not understand certain clauses or terminology, seek help via reputable source, for example Shelter UK england.shelter.org.uk/what_we_do/contact_us or the ARC. Remember, ignorance can be upsetting, costly and if you are experiencing housing difficulties, it can impact badly on your studies • pay the rent in full and on time - having a roof over your head is a priority expenditure! • notify the landlord of any disrepairs or damages. It is understandable that you can be a bit reluctant to give the landlord “bad news” but the sooner you do it, the quicker it will be dealt with • treat your home with respect; it may feel like a temporary place and not really yours but a year is still a long time, and neglect can be expensive - if you do not clean regularly or if you damage the property, you will ultimately pay for it from your security deposit • you are responsible for your visitors and any damage they cause • you must give your landlord access to your home to carry out repairs

YOUR LANDLORD CANNOT

Carry out major works without permission …or charge you full rent if those works interfere with your life at home. Charge you for repairs …if those repairs are their responsibility. See section on Disrepairs to find out what are the landlord’s responsibilities. Increase the rent during the period of tenancy …unless a clause in your agreement says that the rent can be increased. If there is no clause in your tenancy agreement, a rent increase during the fixed term of your tenancy can only happen if you agree to it. Evict you ...without following procedures. If you have an Assured Shorthold Tenancy*, the landlord cannot evict you without a court order. To get a court order the landlord would need to have a good reason, for example if you are in rent arrears of 8 weeks or more, or you have caused extensive damages to the property. The landlord must go through the correct procedure in applying to court, proving the ground, obtaining a court order and then using the court bailiffs to evict you. If he does not do this, he may be guilty of illegal eviction. Illegal eviction is a criminal offence under the Protection from Eviction Act 1977 (as amended by the Housing Act 1988), punishable by up to two years imprisonment and/or an unlimited fine. *see Shelter’s Tenancy Checker to check what type of tenancy you have: england.shelter.org.uk/get_advice/downloads_and_tools/ tenancy_checker Threaten you with eviction If the landlord tries to frighten you into leaving your home, the landlord is committing a criminal offence and can be prosecuted. A landlord or his agent can be convicted of the criminal offence of harassment if they interfere with the peace or comfort of the residential occupier or persistently withhold or withdraw services, for example by cutting off water supply. 44

Come and go as they please ...without giving you 24hrs notice. The landlord has the right to 'reasonable' access to carry out repairs for which he is responsible, but he should always ask for the tenant's permission, and should give at least 24 hours' notice (s11(6) Landlord and Tenant Act 1985). If the landlord wants to enter the property for any other reason, for example, to show round a prospective tenant/buyer, he can only do this with the tenant's agreement. You are fully entitled to refuse permission if the date/time is inconvenient. You should however not refuse without good grounds, as it may cause a breakdown of relationship with the landlord. If your landlord is repeatedly entering the accommodation without your permission, he is committing a civil offence because he is in breach of contract, because he has broken the implied term to allow the tenant uninterrupted use of the accommodation. This is known as breach of quiet enjoyment; and he is trespassing on the tenant's premises. If the landlord is entering your accommodation so often and at such times that you no longer feel secure in your own home, this could be interpreted as a form of harassment. Harassment is a criminal offence and the landlord could be prosecuted. If the landlord continues to enter the accommodation without valid reason or notice, please seek advice from the ARC.

ANTI-SOCIAL BEHAVIOUR

As a member of a local community you can impact on the life of others in a significant way. You must take into consideration whether your behaviour can cause someone distress or misery. All it takes is some understanding and trying to imagine if you would like yourself as a neighbour. Lack of forethought, lack of insight into consequences of your actions or wilfully ignoring other residents’ requests can result in disciplinary action. Members of the community are perfectly entitled to contact the University and submit a complaint. They can do so alongside other options, for example getting the Local Authority’s Noise Team to pay you a visit, which can result in a Noise Abatement Notice and ultimately in a court appearance. Examples of antisocial behaviour include (but are not limited to): vomiting or urinating in a public place, causing a noise, nuisance or disturbance, allowing or attending a party which causes a disturbance, permitting the external appearance of a property to become excessively untidy. More information about living in a community can be found at brunel.ac.uk/life/accommodation/living-off-campus/student-lettings House parties By all means - have them, but before you do follow those few simple rules: • never advertise on Facebook. Those mayhem incidents that end up in the press do happen locally too. Tell your friends and friends of your friends not to brag on Facebook • tell your neighbours; speak to them in person, give them your mobile number, assure them that such parties are rare, get them a box of chocolates • ensure that no uninvited guests are allowed in, no one pees in the neighbours’ front garden, music goes down a notch after midnight

MOVING OUT

If you want to get your deposit back then there are some areas you need to cover: • cleaning – leave enough time for a deep clean • moving out inventory – arrange for a tenant to be present • utilities – contact your energy suppliers with your final meter readings and inform them that you are moving out. Take copies of the final bills and send to your landlord as they will require proof that all bills have been paid. The same applies for your phone/broadband provider too • rubbish – local authority rubbish collectors will not remove large items or excessive amounts of rubbish bags. Your landlord will charge for rubbish removal if you don’t sort it out. • return all keys – all housemates must return keys on or before the last day of the tenancy • new address – inform the University, your bank and credit card companies of your forwarding address. It is not the responsibility of your landlord or new tenants to forwardon mail • deposit – in general you should expect to receive your money within one month of moving out. If you think your landlord has made unreasonable deductions or refuses to return your deposit then contact the ARC for advice

ALARM BELLS

THINGS TO WATCH OUT FOR OR AVOID

• agreeing to anything you are not sure about without seeking advice first • agreeing to anything without putting it in writing, signed and dated • being pressured into signing for a property you know is not right for you • renting with people you are unsure about • renting from another tenant in the property. This is called sub-letting and is probably forbidden in the contract • moving into a property without having your name on the contract. You may not have any rights - the landlord could probably evict you at any time • renting your own room or part of it, to another person without the landlord/letting agent’s written agreement • renting a room in a council property either from the council or a tenant • agreeing to share a room, unless it is clearly designed for two people • making changes to the property unless the landlord/letting agent agrees this in writing. This can include decorating, hanging pictures or fixing satellite dishes

USEFUL LINKS

1. Citizens Advice Student Housing: citizensadvice.org.uk/housing/renting-a-home/student-housing/ students-in-private-rented-accommodation/student-housing-sharingaccommodation 2. Shelterâ&#x20AC;&#x2122;s Students section: england.shelter.org.uk/get_advice/student_housing 3. The Advice and Representation Centre website: brunelstudents.com/advice/housing

Information correct at the time of printing, Jan 2018. A regularly updated version can be found at: brunelstudents.com/advice/housing

For more information: brunelstudents.com/advice 01895 269 169 advice@brunel.ac.uk Hamilton Centre ground floor (next to Loco's Bar)