Introduction
What is the ULHS Code of Good Practice?
This Code is for non-resident landlords. By following it, Landlords should avoid the most common causes of dispute with their tenants. In order to become a registered Landlord, you will need to agree to abide by this Code.
If a Landlord is unsure about any of the requirements of this Code, they should contact the ULHS who will assist or, where appropriate, refer them to either the Local Authority or relevant government department
The Code
1. Working with the ULHS
Landlords will:
1.1 Ensure that they are courteous and respectful at all times when dealing with staff members of the ULHS.
1.2 Contact the ULHS/update online every two weeks to update accommodation details to be advertised (every week during August and September.)
1.3 Respond to contact from the ULHS within 5 working days or as soon as is practicable after this.
1.4 Ensure that all property details registered with the ULHS are reported accurately without misrepresentation to prospective tenants.
2. Right to let
Upon request, either by the ULHS or prospective/current tenants, landlords will provide proof of ownership of the property or permission from the owner to let.
3. Viewing the accommodation
3.1 All prospective tenants should be granted an opportunity to view the property/rooms having due regard to the rights of the existing tenants.
3.2 Prospective tenants will be dealt with in a courteous manner and will not be hurried or harassed.
3.3 Prospective tenants will be provided with a written tenancy outlining the terms and conditions of the agreement and will be given reasonable time (not less than 1 working day) within which to seek independent advice regarding those contractual terms, during which time the property will not be re-marketed.
3.4 The Landlord will specify the amount of time that prospective tenants have to get the contract checked, before they offer the accommodation to someone else.
3.5 The Landlord will ensure that all pledges made before the tenancy begins are confirmed in writing to the tenants.e.g. Redecoration/cleaning of the property or the provision of new items of furniture.
3.6 The Landlord will highlight to potential tenants any special conditions or unusual clauses in the contract and explain the implications of these.
3.7 The landlord will provide prospective tenants with an Energy Performance Certificate for the rental property in line with their obligations under the Home Information Pack (No 2) Regulations 2007.
3.8 Where a holding deposit is required, a receipt will be given outlining the conditions for return. Multiple holding deposits will not be held for the same property.
4. Safety and Property Condition
Landlords will:
4.1 Ensure accommodation is ready for occupation, clean, free from infestation and in a state of good repair at the outset of the tenancy and for the duration of the agreement.
4.2 Comply with the Gas Safety (Installation and Use) Regulations 1998 by ensuring the annual Gas Safety check is completed for the accommodation prior to advertising through the ULHS. Please note that all gas appliances must be checked annually.
4.3 Ensure that the electrical wiring and appliances are safe to use and kept in good repair throughout the tenancy. A full electrical installation test should be made of the whole property every 5 years by a competent electrician.
4.4 In addition to this, ensure that an annual check of the electrical appliances that you provide is carried out. This is called PAT testing (portable appliance testing) and, although not a legal requirement is essential to ensure that appliances you are providing are safe.
4.5 Comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
4.6 Ensure that accommodation is offered with adequate heating, and equipment for cooking and cleaning and where the property is let on a furnished basis, adequate furniture.
4.7 Ensure that the accommodation complies with any regulations laid down by the Local Authority and is fit and safe, particularly with regard to the outbreak of fire and the means of escape from the building. This includes ensuring that properties are free from hazards, as defined in the Housing, Health and Safety Rating System (HHSRS) , Housing Act 2004.
4.8 Ensure that, in the case of Houses in Multiple Occupation (HMOs), accommodation meets the requirements of the HMO Management Regulations 2006, including applying for an HMO licence where obligated to do so.
4.9 Where a property requires an HMO Licence, provide the ULHS with a copy of the Licence prior to advertising the accommodation and upon request and provide the ULHS, with copies of any other documentation from Local Authorities or other external bodies that demonstrates their compliance with their legal obligations in relation to property safety.
4.10 Seek clarification from their Local Authority or a professional landlord organisation where they are unclear about their legal obligations as a landlord.
5. Written agreements
Landlords will:
5.1 Ensure that a Tenancy Agreement is made between the tenant and the landlord, making clear the rights and responsibilities of both parties.
5.2 Ensure that tenancy agreements are written in plain English with no concealed pitfalls or traps and avoiding unnecessary use of legal jargon.
5.3 Ensure that the agreement contains no terms that conflict with any statutory or common-law entitlement of the tenant, or with the terms or this Code of Good Practice. This includes any terms that are deemed to be unfair by the Office of Fair Trading.
5.4 Provide tenants with the Landlord’s name and address in England or Wales at which legal notices may be served and telephone numbers for the Landlord or their agent.
5.5 Provide tenants with a copy of the agreement once all parties have signed.
6. Financial arrangements
Landlords will:
6.1 Issue a written receipt where there is an agreement for either a deposit or rental payments to be made in cash.
6.2 Not insist on payments in cash.
6.3 With regard to late payment of rent or any other money owed to the Landlord by the tenant, not apply charges of interest in excess of three per cent above the base lending rate of the Bank of England.
7. Inventory and Schedule of Condition
Landlords will:
7.1 Compile a written check-in inventory and schedule of condition and provide tenants with a copy. Tenants will be given a reasonable period of time to review and suggest amendments to these documents before they are finalised.
7.2 Ensure that, at the end of the tenancy, an inspection of the accommodation is carried out within one month prior to the final day. This will provide the opportunity to discuss with tenants any matters that need attention and so avoid the need for deductions from the damage deposit.
7.3 On the last day of the tenancy, carry out a full inspection/check-out of the accommodation with reference to the check-in inventory and schedule of condition. Arrangements for the return of the deposit should be outlined to the tenant on that day.
8. Management
Landlords will:
8.1 Ensure that potential and existing tenants are dealt with courteously and respectfully at all times in a manner that is free from discrimination on any grounds, including but not limited to beliefs or lawful preferences, religion, politics, gender, race and sexual orientation.
8.2 Ensure prompt response to issues raised by tenants.
8.3 Ensure that tenants are given a comprehensive tour of the property at the outset of the tenancy which should include the location of all utility meters, boiler, mains water and stopcock.
8.4 Supply tenants with operating instructions on the safe use of all gas and electrical appliances and contact details of the utility companies supplying the property.
8.5 Discuss with tenants any arrangements for visits to the property throughout the agreement and give tenants at least 24 hours notice of the intended time of any visit, except in the case of an emergency.
8.6 Ensure that the property and all appliances provided by the Landlord are kept in a good state of repair.
8.7 Make it clear to tenants the arrangements for reporting the need for repair in the accommodation. Express, in writing, expectations if and when the property is left empty for a prolonged period of the tenancy.
8.8 Provide tenants with a point of contact in case of emergencies and ensure that someone is available at all times to take the call.
8.9 Where an item is in disrepair and is reported, the Landlord/Agent will provide the tenants with an initial response within 5 days. This response will give an estimated time period for the problem to be addressed. Tenants to be kept updated re carrying out of repairs.
9. Dealing with Disputes
9.1 Where disputes between landlords and tenants occur, reasonableness and promptness in dealing with the issues by both parties is the key to amicable and effective resolution of problems.
9.2 Where there are any major areas of dispute, document them in writing.
10. Deposits
Landlords will:
10.1 Explain the reason for taking a deposit and the circumstances that may lead to deductions being made.
10.2 Issue tenants with clear written guidelines regarding the standard of cleaning and other arrangements for bringing the agreement to an end so as to avoid misunderstandings regarding the standard of cleanliness and condition of the property expected at the end of the tenancy.
10.3 Ensure that deposits taken in relation to Assured Shorthold Tenancies are protected in line with the requirements of the Housing Act 2004. Where the tenants deposit has been protected with one of the government approved deposit schemes, landlords will comply with the scheme rules with regard to its protection and return.
10.4 Return all deposits within 14 days of the end of the tenancy, less any agreed deductions, If the deposit taken is not required to be lodged with a deposit scheme.
10.5 If any deductions from the deposit are to be made, the landlord or agent should provide the tenant with a written statement detailing the deductions, including receipts and invoices for goods purchased or work undertaken.
11. Compliance with the Code
11.1 Where the ULHS receives a complaint that a registered landlord is in breach of the Code, the ULHS will contact the landlord with full details of the complaint and ask for a response. If, after investigation, it is felt that the Code has been breached, the ULHS reserve the right to suspend the Landlord’s registration.
11.2 Should the ULHS receive a complaint from a student that concerns their health and safety, the ULHS reserve the right to pass on information about Landlords to third parties such as the Local Authority or the Health and Safety Executive.
