Co-operation and Engagement
1.1 Landlords or their agents will co-operate with all the code enforcement activities detailed in Section Four of this document
Pre-Tenancy
Landlords or their Agents will ensure that:
2. Contracts and Offers
2.1 Prior to re-letting a property the current tenants will be offered first refusal of the property providing they have complied with the terms of their contract
2.2 All prospective tenants are given the opportunity to view the property, with due notice given to the existing tenants
2.3 All prospective tenants are provided with a tenancy agreement written in clear legible English, detailing any contractual terms under which the property is offered, such terms to include:
2.3.1 The rental amount due to be paid, including the dates and method of payment, and whether a retainer or rent is being charged over the summer period
2.3.2 Information as to who is responsible for the payment of all utility charges and Council Tax
2.3.3 Details of any service charges levied by the landlord, such services and charges to be properly specified and detailed. Prospective tenants should be informed in advance of any letting/management fees being applied
2.3.4 The repairing responsibilities and timescales for completion. Any agreed pre-tenancy repairs will be clearly stated
2.3.5 Clearly worded clauses that make it clear that nuisance and anti-social behaviour are not acceptable
2.3.6 The contact details for the Landlord or Agents including emergency contact details
2.3.7 No clauses that are deemed unfair contract terms (guidance on this matter is available from the Office of Fair Trading)
2.3.8 All terms should be written in plain English
2.4 All prospective tenants will be allowed a period of at least 24 hours to consider the terms of the tenancy agreement and seek independent advice
2.5 No demands for deposits or rent will be made before a contract is signed and exchanged
2.6 If a holding payment is taken prior to the completion of sign-up a written holding payment agreement must be issued and signed by both parties. This agreement should detail the following:
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the full name, address and contact details of the landlord or agent
- the names of the payees
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the date the holding payment was paid
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the prospective tenancy to which the holding payment relates
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the terms and conditions under which the holding payment is held
- the conditions under which it will be refunded
It must be refundable, minus any reasonable charges for cancellation, which should be made clear in the agreement
2.7 Where rent is paid in cash a written receipt is always issued, and issued on request for any other form of payment
2.8 Where tenants are required to nominate guarantors the liabilities that each guarantor underwrites must be made explicitly clear on a guarantor agreement. This includes explicit reference to any liability under joint and several arrangements
3. Equal Opportunities
3.1 In the provision and letting of housing or associated services and in the letting of contracts for services, Landlords or their Agents will ensure no person or group of persons applying will be treated less favourably than any other person or group of persons because of their age, race, colour, ethnicity, religious or national origin, gender, disability, appearance, marital status, sexual orientation or social status
4. References
4.1 Reasonable attempts should be made to obtain references for prospective tenants, from a previous landlord or a character reference from an unrelated responsible adult
5. Deposits
5.1 All deposits must be protected in a Tenancy Deposit Scheme, irrespective of the type of contract in place
5.2 The prescribed information regarding which Tenancy Deposit Scheme is being used must be provided within 30 days of taking the deposit
6. Inventory
6.1 A detailed inventory is carried out at check-in, if possible in the presence of the tenants. The inventory must state the condition of the property, the fixtures, furniture and fittings, and not simply be a list of them. Photographic or video evidence is also advised. The inventory should be signed and dated by both the tenants and landlord
7. State of Repair
7.1 All properties must be in a presentable condition, with regards to cleanliness, working appliances, serviceable furniture, and old furniture/appliances/carpets are removed from the property completely and disposed of correctly
7.2 Any pre-tenancy repairs agreed with the tenants have been fully completed
8. Planning Permission
8.1 Landlords must ensure that they have secured relevant planning permissions in relation to their property
Managing the Tenancy
9. Information to New Tenants
Landlords must provide a welcome pack containing (at a minimum) the following:
9.1 Tenant responsibilities to the property and to the community, stressing the importance of avoiding excessive noise and anti-social behaviour
9.2 The repair-reporting procedures and the Landlord’s anticipated response times
9.3 The refuse collection services and days the bins are collected
9.4 Guidance on where to find the Gas Safety certificate, HMO License (if applicable), Energy Performance Certificate and annual portable appliance testing (PAT) certificate
9.5 Signposting to guidance on how to operate any central heating/hot water/fire detection systems/ alarms/appliances
9.6 A copy of the Manchester Student Homes Code of Standards should be provided to the tenants
This can be done through a link on the owners’ website, by giving the tenant information about where the Code is on the Manchester Student Homes website or a paper copy can be given to the tenant/s. Any web links must display the Manchester Student Homes logo in a clear manner
9.7 Guidance on the causes of condensation and the remedies to the problem
9.8 Tenant responsibilities not to obstruct doorways and fire exits
10. Tackling Anti-Social Behaviour
In the event of any anti-social behaviour by tenants (defined as “behaviour likely to cause alarm, harassment, inconvenience or distress to members of the public not of the same household as the perpetrator”), landlords will use reasonable endeavours to intervene with a view to ending that behaviour and ensure that the occupants are treating the property and its environs in a tenant-like manner
It is accepted that not all intervention will be successful and, in this case assistance will be requested from a number of statutory and non-statutory agencies who may be able to intervene. Therefore you will ensure:
10.1 That reasonable action to prevent and/or reduce anti-social behaviour will be taken
10.2 That you undertake to seek advice as soon as you become aware of nuisance or anti-social behaviour being perpetrated by your tenant, their cohabiters or visitors to your properties. In the first instance, contact Manchester Student Homes
10.3 That should you become aware of behaviour relating to drug dealing, racial harassment or physical violence, you will report such incidents to the police
10.4 That you undertake to ensure those neighbours surrounding your properties have your contact details should they need to report your tenants behaving anti-socially
10.5 That your tenants are aware of what to do should they experience anti-social behaviour, including reporting the problem to you
10.6 That you will provide a reference for a tenant that reflects the manner in which their tenancy was conducted
Please note that neighbours within 200 metres of the property may complain under the Code of Standards
11. Access
11.1 Where access is required to the property, the tenants receive notification of the date, time and purpose of the visit not less than 24 hours in advance (except in emergencies)
12. Repairs and Maintenance
12.1 Under normal circumstances the following repairs completion performance standards should be achieved:
12.1.1 Priority One- Emergency Repairs
Any disrepair that poses a risk to the health and safety of the tenants or serious damage to the property or residents belongings. These repairs should be completed within 24 hours of the defect being reported
12.1.2. Priority Two- Urgent Repairs
Repairs to defects, which materially affect the comfort or convenience of the residents – within five working days of report of the defect
12.1.3 Priority Three- Non urgent day to day repairs
Reactive repairs not falling within the above categories. To be completed within 28 working days of the defect being reported
12.2 Due notice is given to the tenants when any unplanned maintenance work or planned, cyclical works are carried out (such as gas appliance servicing, electrical inspections & related works, fire detection & equipment servicing, gutter & window cleaning, and exterior & interior painting)
12.3 The date on which a defect is reported to the owner in writing shall be the start date for the repairs completion timescale
12.4 Contractors and trades persons will remove all redundant components/debris from the site on completion of works, with decorative finishes to be made good if damaged or disturbed during repair
12.5 The Landlord will inspect the completed work to ensure it has been completed to a reasonable standard
13. Ensuring Possession
13.1 All statutory notices seeking possession are served on the sitting tenants to ensure that the property is available for occupation by the incoming tenants
14. Management of Disputes
Landlords or their Agents will:
14.1 Respond professionally and promptly to tenants or tenants’ representatives in regard to any complaints or difficulties raised
14.2 Respond in writing within two weeks of receiving correspondence from tenants or their chosen representatives
14.3 Ensure that any settlements and agreements reached are honoured within four weeks of the settlement being made
End of Tenancy
15. Inventory
Landlords or their Agents will ensure that:
15.1 A check-out inventory is undertaken, preferably in the presence of the tenants. Damage or discrepancies must be be noted
16. Deposits
16.1 All tenants are issued with clear written guidelines regarding matters that require their attention before vacating, including cleaning, payment of bills and the return of keys
16.2 All deposits (or balances on deposits) will be returned to former tenants within 28 days of the end of the tenancy or in accordance with the respective tenancy deposit scheme being used to protect the deposit(s). In the event that a deposit is not returned within 28 days then the tenant will be sent reasons for that delay, in writing
16.3 If any deductions have been made landlords will issue the tenants with a detailed breakdown of what these deductions relate to and will provide evidence of the costs they are claiming for
Other Provisions
Landlords or their Agents will ensure that:
17. HMO Licensing (Houses in Multiple Occupation)
17.1 Where HMO mandatory licensing applies (under Part II of the Housing Act 2004) the Landlord will have a current HMO license or will have made an application for an HMO license and that those properties meet, or will comply with, the license conditions within the timescales specified on each license
17.2 Where a HMO license includes a particular condition that is different to a requirement of the Manchester Student Homes Code of Standards, then compliance with the HMO license condition will take precedence
17.3 A copy of a current license must be lodged with Manchester Student Homes at all times
18. The Environment and Community
18.1 All properties will be provided with adequate refuse disposal facilities and tenants are made aware to return all refuse containers within the boundary on the day of collection. Where practically possible properties with more than 10 occupants must have a large container bin for general waste (these can be purchased from the Local Authority)
Landlords should be aware that if their property has more than six occupants they can get secondary bins free of charge
18.2 All properties must have adequate external recycling bins
18.3 All properties should have containers for the internal sorting of recyclable materials (i.e. glass and plastic, paper and cardboard, food waste)
18.3 If fly tipping (dumping) is taking place, the landlord/agent will inform the tenant of their duties regarding waste and contact the Local Authority
18.4 The exterior of the property, including boundary walls, paths and gardens, will be properly and safely maintained, in accordance with Housing Health and Safety Rating System (HHSRS), so as not to detract from the appearance of the area
18.5 Landlords will carry out regular inspections to ensure that the refuse collection point is free from litter or waste and that the exterior of the property is being maintained
18.6 No ‘To Let’ signs are erected within the boundaries of the property
Please note that neighbours within 200 metres of the property may complain under the Code of Standards
19. Energy Efficiency
19.1 All properties are provided with, as a minimum, hot water tank and pipe lagging and adequate insulation to roof void areas
19.2 Any refurbishment of the property will include energy efficiency measures
19.3 Where a landlord provides light bulbs at the start of a tenancy these must be A-rated
19.4 All properties must have a valid Energy Performance/Environmental Impact Certificate (EPC)
20. Health and Safety
20.1 Risk Assessment
20.1.1 Landlords must ensure that nothing in the construction, layout, or installation of the building, equipment, furnishings, or fixtures and fittings present a hazard to the health, safety or wellbeing of tenants and visitors as defined under the Housing Health and Safety Rating System (HHSRS)
20.1.2 Risk assessments must be undertaken and their findings acted upon, so as to limit the likelihood of a hazard under HHSRS occurring, and to limit the potential of harm to tenants and visitors
20.2 Fire Safety
20.2.1 All accommodation must have the appropriate level of fire safety/protection. The level of fire safety/protection required for the property is dependent upon the number of storeys the property has and the number of people living in the property. Please see the table at the back of this booklet for specific requirements. All landlords should familiarise themselves with the LACoRS Guidance on Fire Safety (2008) (www.lacors.gov.uk)
20.2.2 All properties must have an up to date fire safety risk assessment and the landlord must ensure that all requirements resulting from the assessment have been acted upon. Landlords must fulfil their responsibilities under the Regulatory Reform Order (Fire Safety) 2005
20.2.3 Each kitchen will be fitted with a fire blanket manufactured to BS EN3 1869:1997
20.2.4 All exit routes within a property, such as hallways, landings and staircases (so far as they are under the control of the owner and agent, as far as reasonably practical), will be maintained as safe, unobstructed and free of fixtures and fittings to enable evacuation of the property in the event of fire, and will have suitably sited smoke detectors
20.2.5 All final exit doors must be openable from the inside without requiring the use of a key
20.2.6 Internal doors must be of sound construction and are close fitting to the frame
20.3 Gas Appliances
20.3.1 All means of use and supply of mains gas and alterations and repairs to gas installations comply with the current Gas Safety (Installation and Use) Regulations
20.3.2 All gas appliances are serviced annually by an engineer endorsed by the Gas Safe register and a record of the service is kept. An annual gas safety check, proved by way of a certificate, must also be carried out
20.3.3 Registered Gas Safe technicians carry out all repairs to gas supply pipe work and appliances
20.3.4 A copy of a current Gas Safety Certificate must be lodged with Manchester Student Homes at all times
20.4 Carbon Monoxide Detectors
20.4.1 All properties with gas installations must have a sufficient number of adequately sited audible carbon monoxide alarms. Alarms must be marked EN 50291 and also have the British Standards' Kitemark or another European approval organisation's mark on it. The optimal locations are on the wall in rooms containing gas appliances, less than 0.8 m from the ceiling (‘The Siting of Domestic CO Alarms’, page 34, the Health and Safety Executive)
20.5 Electrical Installations
20.5.1 An adequate number of suitably sited electric sockets are provided in the property
20.5.2 An approved electrician (NICEIC or similarly approved) certifies all electrical wiring installations as safe and that future inspections are carried out as recommended on the certificate
20.5.3 All repairs and improvements to electrical wiring installations are carried out by an approved electrician and comply with the current I.E.E. regulations; any components used in repairing electrical wiring installations comply with the International Standard
20.5.4 A copy of a current Electrical Safety Certificate/Periodic Inspection Report must be lodged with Manchester Student Homes at all times
20.6 Electrical Appliance
20.6.1 An approved electrician is used to install those appliances that require a direct connection to the electrical installation, such as cookers, showers and storage heaters. The electrician must ensure that they are installed in accordance with manufacturers’ instructions
20.6.2 All electrical appliances provided by the landlord are functioning in accordance with manufacturers’ operational limits and are capable of being operated in a safe manner
20.6.3 All electrical appliances are visually inspected before the start of the tenancy for signs of wear and tear. A portable appliance test (P.A.T.) certificate for each appliance should be obtained every 12 months
20.7 Liquefied Gas/Paraffin Heaters and Appliances
20.7.1 No form of bottled gas or paraffin heaters will be provided by the Landlord or his Agent as a heating or cooking source
20.8 Lighting and Ventilation
20.8.1 All properties are provided with adequate lighting, particularly the communal areas and especially on internal staircases. Properties must also be sufficiently well ventilated
20.9 Communal Areas
20.9.1 A handrail should be fitted on all staircases, internal and external, which consist of three or more steps
Basic Property Standards
All properties should meet the following criteria:
21.1 Heating
21.1.1 All habitable rooms must be heated and there must be controls that allow separate use and programming of heating and hot water, including a programmer/timer and room thermostat
21.1.2 Thermostatic radiator valves should be fitted to radiators where possible
21.2 Security
21.2.1 External doors must be of a solid core timber or metal framed UPVC construction, or specialist laminated security doors in which all glazing is either wired or toughened laminated glass. These doors must be fitted with a five lever mortise deadlock, with a thumb turn release, conforming to BS 8621:2007 and cylinder conforming to BS EN 1303
21.2.2 Door frames must be strong and well secured to the jambs
21.2.3 Ground floor and upper storey windows accessible from ground level must be of sound construction and fitted with window locks. Where key operated locks are fitted keys should be available to tenants. Escape windows must be fit for purpose and able to open without the use of a key
21.2.4 Burglar alarm systems that have a 20 minute cut out and a key holder nominated (all houses should have a burglar alarm as well as all apartments that are on the ground floor)
OR
Where the property is a first floor flat or above, in a block of flats, that a secure door entry system is available
21.2.5 PIR security lighting should be installed externally to cover more vulnerable areas and concealed spaces21.2.6 The boundaries of the property must be physically delineated by way of robust and well maintained walls or fencing
21.2.7 Gates at the side or rear of the property must be securely fitted and adequately bolted in such a way as to prevent opening from the outside
21.2.8 Hedges around external doors and windows are kept trimmed low to avoid providing screening for burglars
21.3 Furniture and Storage Space
21.3.1 All furnishings and furniture should be in a clean and reasonable condition and comply as appropriate with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)
21.3.2 All rooms in the property should be adequately furnished for the purpose intended and adequate storage space is provided for the number of tenants in the property
21.3.3 All bedrooms should be of an adequate size
21.4 Kitchen Facilities
21.4.1 Each kitchen must have facilities for the storage, preparation and cooking of food which are suitable for the number of occupants using the kitchen. Generally, this means that there must be a 4 to 1 ratio of tenants to kitchen facilities (more than 4 tenants should have 2 cookers, 2 sinks etc)
21.5 Toilet and Personal Washing Facilities
21.5.1There must be adequate facilities for the number of occupants. This means there must be a ratio of 4 to 1 for tenants to toilet and washing facilities
21.5.2 The facilities should be in a condition that can be maintained in a clean and hygienic state. A washable floor covering should be provided
21.6 Hygiene
21.6.1 The property should be provided with serviceable cleaning equipment at the start of the tenancy. This may include vacuum cleaners, mops and buckets, and toilet brushes and holders
Fit & Proper Person Declaration
22.1 Manchester Student Homes requires all landlords and agents to be Fit and Proper Persons, as defined below:
A Fit and Proper Person cannot have on record:
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any offence involving fraud or other dishonesty, or violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003
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any unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business
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contravention of any provision of the law relating to housing or of landlord and tenant law; (including any civil proceedings that you have lost)
During the last 5 years the following cannot be true of the landlord or agent, nor any current or former associate:
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been in control of any property subject to a control order under S379 of the Housing Act 1985
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been refused a licence or had a licence removed for any property in relation to HMO, additional or selective licensing under the Housing Act 2004
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been found by a local authority to have acted otherwise than in accordance with any Code of Practice approved under Section 233 of the Housing Act 2004
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been in control of any property on which the local authority has carried out work in default
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been in control of any property, which has been the subject of an interim or final management order or a special interim management order under the Housing Act 2004
22.2 All landlords and agents declare themselves Fit and Proper Persons upon registration. If Manchester Student Homes becomes aware that a landlord or agent does not meet the definition set out above their accreditation may be revoked