Ready To Rent: Scotland Training for student renters

The state of student renting in the UK NUS research found that: -Fewer than half of students felt they knew their rights as renters -Two thirds of students felt unsupported in their attempts to rent -A quarter of students felt “dissatisfied” or “very dissatisfied” with the management of their home -76% of those who had money deducted from their deposit believed this was unfair, though only 16% had success in challenging this NUS Report: Homes Fit For Study (2014)

Workshop aims and objectives Aim: To give you the skills, knowledge and confidence you need to have a good experience in rented housing This workshop will focus on: -What to look for and steer clear of when house-hunting -What signing a contract means, and how to make sure it contains what it should -Your rights as a tenant and how to assert them when problems arise -The influence we can have when we link up with other renters

Workshop focus This training focusses on your rights under Short Assured Tenancies Use Shelter’s Tenancy Checker at scotland.shelter.org.uk to check what you are being offered

House-hunting

Ready, Steady, Rent! Aim of the game: To secure the best house for your team Rules of play: 1.Only one group viewing a property at one time 2.Groups and landlords can make an agreement on a property at any time 3.All properties are for 5 individuals

Jargon Buster Holding Deposit: A sum paid to the landlord/letting agent to reserve the property while your contract is being prepared and references are being checked. Tenancy Deposit: A refundable upfront payment to the Landlord to cover costs that the Landlord might incur during your tenancy that they aren’t legally required to cover. This should be protected in a government-backed deposit protection scheme, and returned at the end of your tenancy. Accredited landlord/letting agent: A landlord or agent who signs up voluntarily to a scheme that sets minimum standards, often above statutory minimums.

Ready, Steady, Rent! More Jargon-busting: Guarantor: Someone who signs an agreement to say that they will cover your rent if you are unable to pay. HMO: A House of Multiple Occupancy, with 3 or more unrelated tenants sharing. These must be licensed as they have to meet certain safety criteria. EPC: An Energy Performance Certificate, a legal requirement for properties, which shows how efficiently they use energy.

House-hunting: Don’t Panic! 1 in 5 students sign 7 months ahead Be aware of risks of early house-hunting Find out about the local housing market and be wary of pressure from landlords/agents See multiple properties to compare rents and standards Speak to current tenants where possible Get all housemates to view the property Use the NUS House-hunting check-list

House-hunting: Securing a property Holding deposits: Don’t pay a holding deposit until you’re really sure and have seen a sample of the contract you will be signing. Get the terms of the agreement in writing, a receipt, and the name and address of the landlord/agent. Contract Checks: Ask for at least 24 hours before signing if possible and get contract checked by the Student Union Advice Centre Negotiating: Feel confident to negotiate, but approach with a constructive attitude!

House-hunting: what to look out for Red Flag, Red Herring or In the Red?

House Hunting: Red Flags These are warning signs: * This is a legal requirement where you are signing a joint tenancy agreement UnlawfulBad practice No HMO Licence (where 3+ tenants share who are not related) Pressure to sign immediately No information on how your deposit will be protected Landlords/letting agents that aren’t accredited Letting feesSignificant signs of disrepair No Gas Safety Certificate Landlord not registered with council No Energy Performance Certificate*

House-hunting: Red Flags What do I do if a landlord or letting agent isn’t complying with the law? Write to your landlord or letting agent first to request that they comply with the law and provide evidence. If they refuse to comply you can: Report the landlord/agency to your local council if the landlord isn’t registered Report the landlord/agency to the council’s Environmental Health department if the landlord/agency is letting an HMO that isn’t registered Report the landlord/agency to the Health & Safety Executive if the landlord refuses to provide a Gas Safety certificate If you’ve been charged letting fees you can claim them back by following the steps at: Seek advice from your SU advice service before taking action, particularly if you’re not on an SAT

House-hunting: Red Herrings These can distract you from looking closely at the true price or quality of a property: Bill-inclusive rents No deposit Superficial quality Freebies Promises of major renovations

House-hunting: In the Red These can have big cost implications up front or on top of your monthly rent: Expensive to heat: Check the EPC for energy efficiency Check there is central heating throughout Check windows for double glazing Be wary of attics and basements Upfront rents in place of a guarantor Admin fees

House-hunting: Green lights Look out for landlords or letting agents who: -Are willing for you to take a contract away for at least 24 hours before you sign it -Are accredited -Can show you all legal documentation

House-hunting House-hunting video Download and embed from: video View online at:

Signing a Contract

What does it mean to sign a contract? Short Assured Tenancies are the most common. Your landlord/letting agent should show you a AT5 Notice before you sign to let you know you’re signing an SAT Contracts/tenancy agreements are legally binding, meaning you need to adhere to their contents even if you never move in! On the plus side, it means your Landlord cannot evict you without a court order

Joint SAT contracts If you are signing a Joint tenancy you are all jointly liable for paying rent if someone drops out Be confident this won’t cause problems down the line If you’re anxious, try negotiating individual contracts

Joint vs Individual contracts Joint SAT Individual SATs ProsCons Can decide who moves in if tenant drops out All jointly liable if someone drops out Less admin per tenant Deposit shared so money returned to lead tenant ProsCons Not liable to pay if someone drops out Less control over who moves in if tenant drops out More admin per tenant

Signing a contract: Guarantors A guarantor is someone who your landlord can pursue for rent and other costs if you don’t pay up If you are signing a joint SAT and you need a guarantor: -Don’t sign a contract until they have seen it and the guarantor form they will be asked to sign -Make sure to the form limits their liability -Download a sample guarantor form from the Ready to Rent Hub If you need a guarantor and don’t have one, try negotiating with your Landlord or seek advice

Signing a contract Signing a Contract video Download and embed from: video View online at:

Their responsibility or mine?

Contract Hunt

Contracts: What’s in them Pages 1-3: Details about this particular contract Pages 4-5: Tenant’s Obligations Page 6: Landlord’s Obligations Page 7: Grounds for possession/eviction Remember: Legal obligations still apply even when they’re not included in the contract!

Contract Hunt: Clues Legal responsibilities of the Landlord: -To allow you to live in the property without harassment/unreasonable interruption -To carry out repairs within a reasonable period once notice has been given, ensuring the property meets the Repairing Standard -To maintain the structure and exterior of the building, electrical wiring, gas and water pipes, boilers, toilets, sinks, baths, radiators -To meet safety standards and provide documentation demonstrating this -To protect your deposit

Contract Checking: Things to add Missing information: -Name and address of the Landlord -Name of the deposit protection scheme being used and the terms under which money will be deducted -When rent is due and how it can be paid -Any details on improvements or repairs that have been agreed

Contract Checking: Things to ditch Possible unfair terms: 7.8: “The Tenant must not make any noise in the property after 11pm” 7.13: “The Tenant will be liable for the first £100 cost of any repairs 7.18: “The Tenant must give the Landlord (or any person acting on behalf of the Landlord) immediate access to the Property at all reasonable times of day” 7.19: “The Tenant must return the Property and any items belonging to the Landlord in the same condition as they were at the start of the Tenancy ” 7.20: “The Tenant must pay for the property to be professionally cleaned at the end of the tenancy.”

Contract Checking: Things to see Other documents to see before signing: Energy Performance Certificate Gas Safety Certificate AT5 Notice Where relevant: Guarantor form HMO license Accreditation documents After Signing: You should receive a receipt when you hand over your deposit, and confirmation that it has been protected within 30 working days Before the start of the tenancy you should be given a Tenant Information Pack You should receive an inventory when you move in. Make sure you check it’s accurate and make edits as appropriate. Make your own if you’re not given one.

Tenant Troubleshooting

Scenarios: Tenancy Toolkit TENANCY TOOLKIT: OrganisationsDocuments Local Council’s Environmental Health department The NUS Contract check-list Student Union Advice CentreAn Inventory Private Rented Housing PanelIndividual Tenancy Agreements Landlord/letting agent accreditation scheme Guarantor form with limited liability Deposit Protection Scheme’s “Alternative Dispute Resolution” process Tenant Information Pack

Scenarios: GuarantorGate Next steps: -Try negotiating with Landlord and old housemate about repayments -Continue to look for a new housemate -Visit the Student Union Advice Centre Prevent this by: -Avoid house-hunting too early -Getting contract & guarantor form checked by Students’ Union Advice Centre -Limiting guarantor liability to your share of rent and damages -Communicating regularly with your housemates -Possibly signing individual tenancy agreements

Scenarios: Neighbour Nightmares Next steps: -Talk to your housemate and neighbours, especially when you move in -Read your tenancy agreement to know your rights and responsibilities: under an SAT your landlord cannot evict you without a court order, but you may be breaching your agreement by causing nuisance to your neighbours Prevent this by: -Choosing housemates carefully and being clear on expectations -Proactively introducing yourself to your neighbours and telling them if you’re having a party -Getting an accredited landlord -Checking your rights and responsibilities in your contract

Scenarios: Mould Mayhem Next steps: -Report to the Private Rented Housing Panel -Contact Environmental Health at your local council. It is recommended that you visit your Students’ Union Advice Centre for advice before taking action against your landlord, particularly if you are not on a fixed term SAT. -Take photos and keep a record of communication with landlord. Make sure communication is in writing. -Report your landlord’s negligence to their accreditation scheme Prevent this by: -Using the NUS house-hunting check-list and avoiding houses with evident mould problems -Talking to previous tenants -Getting promised repairs written into your contract

Scenarios: Deposit Disaster Next steps: -Offer to paint the room yourself -Use your Deposit Protection Scheme’s Alternative Dispute Resolution (ADR) process within 3 months of contract ending (if both parties agree) to dispute the charge for the burn mark and the cost of painting the room Prevent this by: -Getting an inventory done or doing one yourself, and taking photos -Communicating better with housemates about mutual expectations -Signing individual contracts

Tenancy Tips Tenancy Tips Video Download and embed from: View online at:

Let’s take collective action!

Why Collective Action? When we work together as tenants, we are stronger! -We are better able to hold landlords/letting agents to account for poor practice that affects us -We can have a powerful impact on the rented housing sector to the benefit of the whole community, enabling more people to find good quality, secure and affordable homes

The power of collective action: EPTAG Edinburgh Private Tenants Action Group are a Tenant’s Union who: -Support renters to know their rights -Take collective action against rogue landlords, and win! -Campaign to tackle illegal letting agents

Spectrum line

What’s next? 1.Go to the Ready To Rent hub to for further resources: readytorent.nus.org.uk 2.Complete the online evaluation form for a chance to win £50! 3.Get involved in organising with other renters