What is a Tenancy Agreement?
Post on 22-Feb-2016
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Housing Presentation
What is a Tenancy Agreement?A contract between you and your landlordGiving certain rights12 monthsJoint tenancySigned by everyoneEveryone should receive a copy
Common TermsAddress of propertyStart and end date. DurationRentWhether your landlord will provide any
servicesNotice
Landlord Responsibilities/EntitlementDuty to carry out basic repairsDuty to ensure boiler and water work
properlyMust give 24 hours written notice before
entering property to carry out repairMust protect your depositProvide a copy of the Gas Safety CertificateProvide you with full name, address and
contact details
Your Responsibilities/EntitlementsDuty to pay rent on timeResponsible for minor repairs and
maintenanceObligation to provide access for repair workCleaning houseUsually responsible for billsEntitled to quiet enjoyment of your propertyDuty to behave in a tenant-like mannerBeing reasonable about noise and parties
EvictionYou 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 rentPay your rent!
WhenHowHow muchEven if you don’t think you should
Agreement between you and your landlordFixed-term tenancyChanges to rentWhat happens if you don’t pay your rent?
GuarantorsWho?
Parent or guardianInternational students
What?Joint and several liabilityRent and damages
When?Tenancy agreement – seen and approved
Inventory and Damages
InventoryList of all contents and condition of a
propertyAlso 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 agreementPhotographic/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 photographsInform the landlord in writingAll disputes handled by Alternative Dispute
Resolution (ADR) service provided by Tenant Deposit Scheme
County court
DepositsWhat you should know..
In GeneralYou 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 DepositCause damage to contents of the property,
or have them go missingReturn your keys lateCause damage to the property (beyond
‘reasonable wear and tear)Keep the property unreasonably dirtyFail to pay your rent
How to Keep Your DepositComplete 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 AccountsSavings 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 DebitA 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
OverdraftsOccurs 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 NightmareAdditional 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 CaseOffice 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 TipsPlan your finances
Check your Bank statements regularly
NEVER exceed your agreed overdraft
Negotiate with banks for extensions if facing financial difficulties
Noise DisturbanceLegal Definition = Nuisance
Questions1.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 SOLUTIONIf 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 CONTROLWho are they: The Pollution Control team is the section of Bristol City
Council dealing with an array of pollutionsLaw: • 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 DISTURBANCESimple measures can be taken at home to prevent noise
nuisances:
Keep the volume of radios, TVs, hi-fi equipment etc. as low aspossible, 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 LinksPollution Control Team***http://www.bristol.gov.uk/page/environment/noise-
pollution-how-can-we-help
Bristol Mediationhttp://www.bristol-mediation.org/
Noise diaryhttp://www.bristol.gov.uk/sites/default/files/docum
ents/environment/noise_pollution/Noise%20Diary_0.pdf
Additional HelpYou can speak to a Just Ask adviser about
anything that’s bothering youThe Accommodation Office have a tenancy
agreement checking service www.ubu.org.uk/justask/advice
Contact Details University of Bristol Accommodation Office
The HawthornsTel: +44 (0)117 95 46640Email: accom-office@bristol.ac.uk
Citizens Advice Bureau1 Quay Street, Bristol BS1 2JLFor Telephone Advice call 0844 4994718
Just Ask – UBU Advice & RepresentationJust Ask Office – Student UnionInformation Point – Tyndall Avenue
Tel: 0117 33 13511/541Email: ubu-justask@bristol.ac.uk
THANK YOU for listening!
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