Landlords,

 

What you should know about  the new  Housing Act.

The Housing Act contains several new measures of interest to you if you let houses in the private rented sector or in university or college accommodation in England and Wales. Most of the provisions come into force in April 2006 (apart from the Tenancy Deposit Schemes). The new regulations are the following:

  • Housing in Multiple Occupation Licensing
  • Housing Health and Safety Rating System
  • Codes of standards for halls of residence
  • Tenancy Deposit Schemes

1. Housing in Multiple Occupation Licensing:

Landlords must pay a fee to their local council to register if the property has 5 people or more, AND 3 or more storeys. He will then obtain a licence for 5 years. Not registering is a criminal offence, with a fine of £20,000. Breaching conditions of the license can incur a £5,000 fine to landlords.

We expect many student landlords will have to be licensed. Licensing is mainly about management standards, for example, landlords must not have committed previous housing offences. The aim of this new legislation is mostly to tackle bad housing conditions in areas of high demand.

Anybody can report to the local housing authority a house that they think ought to be licensed, or report landlords to the local housing authority if they are not fulfilling the terms of the license. For example, parents can ring the local council were you their children rent, and tell them they think the landlord ought to be licensed (only if the property has 5 or more people and 3 or more storeys).

2. Housing Health and Safety Rating System:

New health and safety measures are now to be applied in ANY buildings. Your local authority also has new powers to force landlords to comply with these new health and safety measures. This is applicable in university halls and with private landlords alike.

From April 2006, your local authority will have a DUTY to act if the health of tenants is in danger.

Students will be made aware by their students union that they can contact the local housing authority about the health and safety standards of their accommodation. But it is the landlords or universities job to ensure you live in safe accommodation, so make sure your accommodation is up to standard, and you have the safety documentation in place if you need to produce a defence against any superfluous claims. (Housing Health and Safety Rating System)

 The Chartered Institute of Environmental Health and NUS have teamed up to create a student guide to the new system, the Home Sweet Home guide.

Download the Home Sweet Home Guide. This is a PDF document.

3. Codes of Standards for halls of residence:

There are now new management guidelines for halls of residence in England and Wales (universities and colleges). These are voluntary code of standards for institutions to follow.

Most universities are signed up to the UUK Code. For more information, go to:

UUK website

Most colleges and private halls of residence are signed up to the ANUK Code of standards. For more information on the ANUK Code, go to:

ANUK website

It is important you know what Code the university is signed up to. If unsure, ask the local students' union if you have an issue with your property within the bounds of a hall of residence. Breaches of the code should ALWAYS be reported through the institution’s complaints’ procedure.

Beware landlords and universities providing student accommodation! From April 2006 students will be aware of their right to reasonable quality accommodation, and providing poor or terrible accommodation to students will lay yourselves open to litigation, it is CRUCIAL for your future profits from the lucrative student population that you provide the required standard of accommodation and put in place the required licences, safety procedures and documentation (Housing Health and Safety Rating System).

4. Tenancy Deposit Schemes:

A new system to protect deposits is coming in to force.

All private landlords in England and Wales with assured shorthold tenancies will have to protect their tenants’ deposit in some way, either by taking out a special insurance or by handing out the deposit to a third party. The Government is planning a national information campaign in October 2006. All new tenancies (starting during October 2006 and onwards) will be affected.

For more info, visit:

ODPM website