Housing Presentation What is a Tenancy Agreement? A contract between you and your landlord Giving certain rights 12 months Joint.
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Transcript Housing Presentation What is a Tenancy Agreement? A contract between you and your landlord Giving certain rights 12 months Joint.
Housing Presentation
What is a Tenancy Agreement?
A contract between you and your landlord
Giving certain rights
12 months
Joint tenancy
Signed by everyone
Everyone should receive a copy
Common Terms
Address of property
Start and end date. Duration
Rent
Whether your landlord will provide any services
Notice
Landlord Responsibilities/Entitlement
Duty to carry out basic repairs
Duty to ensure boiler and water work properly
Must give 24 hours written notice before entering property
to carry out repair
Must protect your deposit
Provide a copy of the Gas Safety Certificate
Provide you with full name, address and contact details
Your Responsibilities/Entitlements
Duty to pay rent on time
Responsible for minor repairs and maintenance
Obligation to provide access for repair work
Cleaning house
Usually responsible for bills
Entitled to quiet enjoyment of your property
Duty to behave in a tenant-like manner
Being reasonable about noise and parties
Eviction
You can be evicted before the end of your tenancy if you
break the terms of the contract
Two months written notice AND a court order
Paying rent
Pay your rent!
When
How
How much
Even if you don’t think you should
Agreement between you and your landlord
Fixed-term tenancy
Changes to rent
What happens if you don’t pay your rent?
Guarantors
Who?
Parent or guardian
International students
What?
Joint and several liability
Rent and damages
When?
Tenancy agreement – seen and approved
Inventory and Damages
Inventory
List of all contents and condition of a property
Also referred to as a “schedule of condition”
Makes clear what damages, if any, need to be paid for out of
the deposit
Agreed between landlord and tenant on move-in day
Things to do:
Sign Inventory and initial every page to signify agreement
Photographic/video evidence of the property contents and
condition
Inspection of property every 3 months
On move-out day, inventory must be checked and agreed on
Sample Inventory
Damages
General consensus on damages?
Tenant should be informed in writing of all costs and
amounts of deductions from the deposit
If deposit doesn’t cover full amount needed to carry out the
repairs, invoice for additional payments
No general consensus?
Record the state and condition of the alleged item with
photographs
Inform the landlord in writing
All disputes handled by Alternative Dispute Resolution
(ADR) service provided by Tenant Deposit Scheme
County court
Deposits
What you should know..
In General
You will probably be required to pay a deposit (usually the
equivalent of 1 month’s or 6 weeks’ rent) to the Landlord or
Agent when you accept the property
Your landlord will hold it against unpaid rent or potential
damage to the property (caused by you)
Otherwise, the deposit should be returned to you in full at
the end of the tenancy
How to Lose Your Deposit
Cause damage to contents of the property, or have them go
missing
Return your keys late
Cause damage to the property (beyond ‘reasonable wear and
tear)
Keep the property unreasonably dirty
Fail to pay your rent
How to Keep Your Deposit
Complete a thorough inventory at the start of your tenancy
(proof of condition of the property)
Take photos of the property, if possible, with a camera that
records the date
For further information, see the Factsheet from the
University of Bristol accommodation office
Have a chat with anyone in the office—they are very helpful!
What Scheme is Your Landlord Using?
As of April 2007, any landlord who takes a deposit from a tenant for an assured
shorthold tenancy must protect tenants’ deposits by using one of 3
government approved deposit schemes
Within 30 days of receiving the deposit, the landlord must provide tenants with
information about which scheme s/he is using, how to apply for the release of
the deposit and what to do if there is a dispute about it
If the landlord doesn’t protect your deposit within this time or provide this
information, you may be able to take the landlord to court and claim up to 3
times the sum of the deposit
Be warned that: some landlords appear to be exploring alternatives to using any
of the government approved deposit schemes (for example, the landlord may
take your money but call it something other than a deposit)
Some of these alternatives are lawful and some aren’t—if you have any doubts
at all, contact the University Accommodation Office
Paying the Bills
Bills – A Brief Glance
More Expenses?? No!!!...
Bank Accounts
Savings accounts used to park
excess cash and earn interest
Current accounts used
mainly for handling day to
day transactions
Can be used to set up direct
debits, issue standing
orders and issue cheques
Standing Orders
Instruction to bank to pay
someone a fixed amount at
regular intervals
Suitable for bills with non-variable
amounts like rent or mortgages
Can be set up to run for a set period
and is cancellable anytime
Features and procedure standardized
by UK Payments Administration
Direct Debit
A procedure to pay bills by allowing
the other party to directly access
funds in payer's account
Payer must authorise this through
direct debit instruction with the
bank. Can be cancelled anytime
Direct debit guarantee
Direct Debit Fraud
Overdrafts
Occurs when payments are made
beyond cash available in account
Can be authorized or unauthorized
Subject to credit scoring restrictions
Some banks offer free overdraft
limits for pre-agreed amounts
Bank Comparisons
Overdrafts – Potential Nightmares!
Overdrafts – The Nightmare
Additional bank charges and higher
interest rates apply once overdraft
reached
Can shoot as high as 24% EAR
Lack of transparency in bank
advertising regarding charges
The Abbey National PLC Case
Office of Fair Trading tried to challenge
fairness of bank charges for overdrawn
customers under EU law
Case generated considerable public
interest
Supreme court held that bank charges
were core term of banking contract
and could not be assessed for fairness
High overdraft charges are here to stay
Final Tips
Plan your finances
Check your Bank statements
regularly
NEVER exceed your agreed
overdraft
Negotiate with banks for
extensions if facing financial
difficulties
Noise Disturbance
Legal Definition = Nuisance
Questions
1. WHAT IS A NUISANCE?
2. SIMPLE SOLUTION
3. ADVANCED /ALTERNATIVE SOLUTION
4. HANDY TIPS TO PREVENT NOISE DISTURBANCE
1) What is a Nuisance?
A legal meaning based on a number of factors
which include:
i. The VOLUME or loudness of the noise
ii. The CHARACTER of the noise.
iii. The DURATION of the noise
iv. The TIME at which the noise occurs.
2) Simple Solution
Don’t forget, music to one person may be noise to
another!
Many people are unaware THEY are causing a problem
until they are told
3) ADVANCED /ALTERNATIVE
SOLUTION
If NOT SUCCESFUL, then can:
a. COMPLAIN TO POLLUTION CONTROL
b. COMPLAIN TO A MAGISTRATES’ COURT
c. TAKE ACTION AT COMMON LAW
d. MEDIATION
A) Complaint TO POLLUTION CONTROL
Who are they:
The Pollution Control team is the section of Bristol City Council dealing
with an array of pollutions
Law:
• Environmental Protection Act 1990, Section 80
Measure taken:
• If a noise nuisance is proved they can serve a nuisance abatement notice
Evidence required:
• Noise diary (i.e. noting down when, for how long; sort of noise)
• Environmental Health Officer may then come and check
Example of a ‘Noise diary’
Example of a ‘Noise diary’
B) Complaint to a magistrates’ court
Law:
• Under the Environmental Protection Act 1990
i.e. right to take complaint straight to the Magistrates’ Court – Up to
£5000 fine
Evidence:
• Well documented noise diary (recording the volume, character,
duration, times and regularity of the noise; names and addresses of the
person(s) responsible)
Seek advice:
• Pollution Control’s advice booklet
• Professional advice (strongly recommended)
C) Action in common law
Need to consult a solicitor.
An injunction can be obtained to restrain a person from
causing you a noise nuisance.
D) MEDIATION
• Informal settlement between the involving parties with
an appointed referee in presence to coordinate the
discussion for a successful outcome
i.e. Independent organisation called Bristol Mediation
4) HANDY TIPS TO PREVENT NOISE
DISTURBANCE
Simple measures can be taken at home to prevent noise
nuisances:
Keep the volume of radios, TVs, hi-fi equipment etc. as low
as
possible, especially late at night and on Sundays
Avoid noisy D.I.Y. activities late at night and on Sundays
Make sure your burglar alarm is not faulty and ensure it
complies with BS 4737
Don’t hold noisy parties too often
Useful Links
Pollution Control Team***
http://www.bristol.gov.uk/page/environment/noise-
pollution-how-can-we-help
Bristol Mediation
http://www.bristol-mediation.org/
Noise diary
http://www.bristol.gov.uk/sites/default/files/documents/e
nvironment/noise_pollution/Noise%20Diary_0.pdf
Additional Help
You can speak to a Just Ask adviser about anything
that’s bothering you
The Accommodation Office have a tenancy agreement
checking service
www.ubu.org.uk/justask/advice
Contact Details
University of Bristol Accommodation Office
The Hawthorns
Tel: +44 (0)117 95 46640
Email: [email protected]
Citizens Advice Bureau
1 Quay Street, Bristol BS1 2JL
For Telephone Advice call 0844 4994718
Just Ask – UBU Advice & Representation
Just Ask Office – Student Union
Information Point –Tyndall Avenue
Tel: 0117 33 13511/541
Email: [email protected]
THANK YOU
for listening!