What is a Tenancy Agreement?

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!