University of London Housing Services

The Code was introduced to reinforce the many examples of good management practice of which our Landlords and Agents have made us aware. If all Landlords and agents follow it, they should avoid the most common causes of dispute with their tenants. In order to become a registered Landlord or agent, you will need to agree to abide by the following Code of Good Practice.  

1. Working with the ULHS

Landlords/Agents 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. Safety and Property Condition

Landlords/ Agents will:
2.1 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**
2.2 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. In addition to this you should 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.
2.3 Comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
2.4 Ensure that their 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. 
2.5 Ensure that only properties which are ready for occupation are offered to the ULHS for advertising to students.
2.6 Ensure that the accommodation is clean and free from infestation at the outset of the tenancy.
2.7 Ensure that accommodation is offered with adequate heating, a cooker, a refrigerator, and a vacuum cleaner (and/or a suitable equivalent if there are non-carpeted areas).
2.8 Ensure that the accommodation is managed in accordance with the Housing Act 2004, i.e. HMO Licensing, Tenancy Deposit Protection and the Housing Health and Safety Rating System. Where requested, Landlords will provide ULHS with copies of correspondence from Local Authorities or other external bodies that demonstrates their compliance with the legislation.

3. Right to let

Landlords will:
3.1 Show tenants documentation that verifies ownership of the property or permission to let e.g. land registry record, lease agreement.
Agents will:
3.2 Ensure that all Landlords advertising properties through them will have the right to let those properties (i.e. check that they own or have permission to let the properties.)

4. Initial negotiation

4.1 Prospective tenants will be dealt with in a courteous manner and will not be hurried or harassed.
4.2 Prospective tenants will be provided with a written tenancy or licence outlining the terms and conditions of the agreement and will be given reasonable time (not less than 1 working day) to take it away and have it checked before signing. The Landlord/agent will specify the amount of time that prospective tenants have to get the contract checked, before they offer the accommodation to someone else.
4.3 Landlords/Agents will ensure that all pledges made before the tenancy begins e.g. new appliances to be provided or redecoration of rooms, are confirmed in writing to the tenants.

In respect of Agencies:

4.4 No charges will be made to view lists, to register with an agency or to join a mailing list.
4.5 Comprehensive written information will be given covering the operating practices of the agency.
4.6 It will be made clear to the prospective tenant whether the Agency is ‘managing’ or merely ‘introducing’ the property.
4.7 Full details of any fees payable in relation to the tenancy will be given in writing at the start of negotiations.
4.8 Where a holding deposit is required, a receipt will be given outlining the conditions for return, and multiple holding deposits will not be held for the same property. If the agency is aware that they are not the sole agency for a particular property then they will inform the potential tenants of this and will not take a holding deposit in these cases.

5. Written agreements

Landlords/Agents will:
5.1 Ensure that the agreement is written in plain English with no concealed pitfalls or traps and avoiding unnecessary use of legal jargon.
5.2 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 could be deemed to be unfair by the Office of Fair Trading.
5.3 Highlight to potential tenants any special conditions or unusual clauses in the contract and explain the implications of these.
5.4 Provide to the tenants the Landlord’s/Agent’s name and address in England or Wales at which legal notices may be served and telephone numbers for the Landlord and/or their Agent.
5.5 Provide tenants with a copy of the agreement once all parties have signed.

6. Financial arrangements

Landlords/Agents will:
6.1 Provide a detailed receipt for deposits paid by tenants at the outset of the agreement & any subsequent payments thereafter if paid by cheque or cash.
6.2 Not insist on rental payments in cash.
6.3 With regard to late payment of rent or any other money owed to the Landlord/Agent by the tenant, the Landlord/Agent will not apply charges of interest in excess of three per cent above the base lending rate of the Bank of England.

7. Deposit

7.1 Where applicable the Landlord/Agent agrees to place the tenant’s deposit in one of the 3 government authorised schemes and agrees to abide by the terms as set out by the tenancy deposit scheme providers. (Please note this currently only applies to Assured Shorthold Tenancies)

8. Inventory

Landlords/Agents will:
8.1 Produce a check-in and check-out inventory and schedule of condition and provide tenants with a copy upon completion.
8.2 Ensure that the tenants are given a comprehensive tour of the property and given details about the installations for gas, electricity and water and all appliances.

9. Tenancy relations

Landlords/Agents will:
9.1 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.
9.2 Ensure that all correspondence from tenants or potential tenants is responded to within a reasonable time.
9.3 Ensure prompt response to issues raised by tenants. In the event of disputes, to arrange a meeting with tenants at the accommodation at a mutually convenient time and clarify the outcome of the meeting in writing to the tenants.

10. Repairs

Landlords/Agents will:
10.1 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.
10.2 Ensure that the property is kept in a good state of repair.
10.3 Ensure that all appliances provided by the Landlord at the outset of the agreement are maintained and if necessary replaced at the Landlord's expense.
10.4 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.

11. Access

11.1 Landlords/Agents will 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.

12.  Inventory

12.1 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.
12.2 On the last day of the tenancy to carry out a full inspection of the accommodation with reference to the check-in inventory and schedule of condition.  It should be outlined to the tenants on that day the arrangements for the return of the deposit.

13. Deposits

13.1 Where the tenants deposit has been placed with one of the government approved schemes, the scheme rules will be followed in regards to its return.
13.2 If the deposit taken is not required to be lodged with a scheme then all deposits will be returned within 28 days of the end of the tenancy less any necessary deductions.
13.3 If any deductions 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.

14. Disputes

14.1 The ULHS will, if we think it appropriate, give our students information about a     Landlord.  For example, we may pass the Landlord's residential address on to a former tenant who wishes to bring legal action to recover a deposit.
14.2 Where a student's health or safety may be an issue, we reserve the right to pass on information about Landlords to third parties such as the Local Authority or the Health and Safety Executive.
14.3 Agents agree that where they have acted as an introductory agent for a Landlord and there is evidence that the Landlord has not complied with their statutory obligations during the subsequent tenancy, they will not re-advertise this Landlord’s properties until the Landlord does comply with all statutory obligations. The Agent must see that the Landlord confirms that they both understand their obligations and will comply with them in the future.

Assured Short-hold Tenancy is the most common type of tenancy for students in the private rented sector. An AST is usually used when the house or flat is let as separate accommodation from the Landlord’s home.

HMO Licensing a Licensable House in Multiple Occupation is a property of 3 or more stories and 5 or more unrelated occupants. For more information see:
http://www.communities.gov.uk/ (Choose >Housing >Renting and letting>Private Renting and Letting>Housing in Multiple Occupation (HMO))

Tenancy Deposit Protection new legislation introduced from the 6th of April 2007 requiring that all tenancy deposits for Assured Short-hold tenancies be lodged with one of the 3 government approved schemes. For more information see:
http://www.communities.gov.uk/ (Choose>Housing>Renting and Letting>Private Renting and Letting>Tenancy Deposit protection)

Holding deposit a deposit paid by a prospective tenant to a Landlord/agent to hold the property.

Housing Health and Safety Rating System the HHSRS was introduced with the Housing Act 2004 and replaces the previous housing fitness standard. The system was introduced as a way of deciding whether the housing conditions of residential premises are satisfactory. For more information see: http://www.communities.gov.uk/ (Choose>Housing>Decent Homes>Housing Standards>Housing Health and Safety)