Amended: February 2019

PLEASE COMPLETE AND RETURN PAGES 10 - 14

LANDLORD ACCREDITATION SCHEME

TERMS OF REFERENCE AND

APPLICATION FORM

Landlord Accreditation Scheme February 2019

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Index

Section 1

Page

Introduction & Aims of the Scheme

2

Benefits of Membership 3

Section 2

Stockton Borough Council’s Responsibilities

4

Accredited Landlords Responsibilities 5 Stockton Rental Standard 6 Disciplinary Matters/ Complaints 7

Section 3

Queries and what’s next

8

Section 4

Application Form

10-14

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SECTION 1 – Introduction & Aims of the Scheme

We recognise the positive contribution of the Private Rented Sector (PRS) and wish to coordinate and extend the support we provide to Accredited Landlords in the provision of professionally managed high quality rental accommodation. Aims of the scheme are to:

commit to partnership working.

encourage, acknowledge, raise awareness of and actively promote good standards and management practices in the PRS, and to assist landlords and tenants to undertake their respective responsibilities to each other.

support landlords to increase the supply of good quality accommodation in the area, while reducing the number of empty, unused properties within the Borough.

provide opportunities for partnership working, training, business development and networking.

increase the percentage of decent homes in the Borough

enable tenants to obtain information about, and access to, better quality accommodation. This document provides you with direction and guidance to find detailed information on various topics in a format that we hope is easy to refer back to as and when queries arise. The information is consistent with current legislation and as agreed with landlords and other stakeholders involved in the development of the scheme, does not set property standards over and above statutory requirements. Landlords who are welcomed onto the scheme are expected to commit to these Terms of Reference so please read through the information and keep this document for reference or contact the Private Sector Housing Accreditation Officer (PSHAO) with any queries.

We look forward to welcoming you as a member and confirming your access to all the membership benefits.

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Benefits of Membership

Free property advertising and tenant shortlisting.

Member’s tenants have access to the Bond Guarantee Scheme

Discounts on HMO property licence fees

Quick access to advice & assistance from housing professionals

Plus

Range of discounts from various suppliers.

The right to display the accreditation logo on your company stationery and

letterheads.

Opportunities for partnership working.

Special invitations to landlords’ forums.

Provision of appropriate forms, including tenancy agreements.

List of contractors `registered` with the Private Sector Housing Division of the

Council.

Certificate of Accreditation and the recognition that accreditation brings.

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SECTION 2 – Terms of Reference Stockton-on-Tees Borough Council’s Responsibilities

actively promote the Landlords Accreditation Scheme.

assist landlords to achieve accreditation status by offering advice on statutory requirements, property maintenance and repairs

commit to working in close partnership with landlords, tenants, local landlord associations, the Police, Fire Brigade and other key private rented sector stakeholders to achieve a vibrant private rented sector that is professionally managed and offers decent homes.

provide incentives to encourage landlords to join the scheme.

provide relevant information, including changes and likely pending changes in legislation by such means as landlord forums, email bulletins and local landlord associations.

maintain a database of accredited landlords and properties covered by the scheme

consult with accreditation scheme stakeholders and act positively on feedback.

administer and monitor the scheme including undertaking property inspections, consulting with stakeholders and checking the validity of relevant certificates.

be responsible for the issue, administration, suspension and revocation of accredited status.

on receipt of a completed application, ensure as far as reasonably practicable, that the landlord is responsible, competent and suitable to be a member of the Scheme

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Accredited Landlord’s Responsibilities

be committed to partnership working and work with Stockton-on-Tees Borough Council, (SBC) tenants, the Police, Fire Brigade, the UK Border Agency and other key stakeholders to achieve the aims of the Scheme.

provide requested information for joining the scheme, including a full list of all properties that they own or manage in the Borough of Stockton-on-Tees in a timely manner

assist with access to properties to carry out inspections.

have a written complaints procedure for tenants. Guidelines on how to set up a complaints procedure are available from the PSHAO.

inform tenants, in writing, or as part of their tenancy agreement, of the responsibilities imposed on them by the Gas Safety (Installation and Use) Act 1998.

advise the tenants that they should take out their own contents insurance.

agree that as a landlord who owns properties bound by a tenancy agreement to manage the risk associated with asbestos and protect occupants and contractors visiting the property to carry out repairs all in accordance with the Control of Asbestos Regulations 2012.

working with the Council to address incidents of any illegal/criminal and anti-social behaviour,

associated with your tenant/s and or property.

working with the Council on future private sector improvement initiatives.

ensure that all their properties meet the Stockton Rental Standard* and seeking support from

the Private Sector Housing Team if you have any queries about your obligations as a private

landlord.

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*Stockton Rental Standard

Property Standards:

1. Landlords must ensure that their properties provide a safe and healthy environment for any

potential occupier or visitor. This includes, but is not limited to ensuring that the property is:

Free from damp and has adequate natural or mechanical ventilation where necessary to

control moisture levels.

Provided with adequate thermal insulation and a suitable and effective means of space

heating so that the dwelling space can be economically maintained at a reasonable

temperature.

Free from hazards and provides a safe and secure home for your tenants.

(More information is available here: Housing health and safety rating system (HHSRS): guidance for

landlords and property-related professionals - Publications - GOV.UK)

2. Landlords must ensure that the property has adequate fire detection and where a gas or solid

fuel appliance is present, adequate carbon monoxide detection LACORS - Housing Fire Safety

Guide.

3. Landlords must ensure that the electrical installation is safe and that adequate checks are

undertaken on each property (best practice would include obtaining an electrical safety

certificate). Landlords' Guide to Electrical Safety

4. Any furnished properties must comply with The Furniture and Furnishings (Fire) (Safety)

Regulations 1988.

5. All properties should be provided in a clean decorative condition at the start of each tenancy.

6. Landlords should ensure that all gardens are in a clean and tidy state at the start of each tenancy.

Management Standards:

7. Landlords must comply with all relevant housing legislation and regulations, including but not

limited to the following:

An annual gas safety inspection must be carried out in properties with gas installations.

Landlords' responsibility for gas safety

The property must have an Energy Performance Certificate - GOV.UK; the rating should be

“E” or better.

Any deposits taken must be protected under a Government approved scheme. Tenancy

deposit protection - GOV.UK

Correct legal procedures for possession must be followed in all cases. Guidance for landlords

who wish to gain possession of their property. Gov.UK

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8. Tenants should be provided with a written tenancy agreement and written inventory at the start

of a new tenancy. Model forms are available from via: Gov.UK Model Tenancy Agreement

9. Landlords must respond to any reported repairs in a timely and professional manner.

10. Landlords must give at least 24 hours written notice for access in all cases except where access is

required in a genuine emergency.

11. Landlords should try to minimise void periods or when this is unavoidable are encouraged to

contact the Private Sector Housing’s Empty Homes Team for advice and assistance.

12. Landlords should always act in a fair, reasonable and professional manner in their dealings with

tenants. You must not discriminate because of colour, ethnicity, disability, age, sex, or sexuality.

Finally, landlords are reminded that safeguarding of children and vulnerable adults is everyone’s responsibility. Should you ever have any concerns regarding the health or well-being of a child or vulnerable adult please contact the Councils First Contact Team on 01642 527764 for advice and support.

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Disciplinary matters / Complaints

Whilst we will seek to resolve any complaints made against accredited landlords informally, any alleged breaches of the requirements of the Scheme will be investigated by the PSHAO, who will consider the nature of the breaches, any representations of the landlord, tenants and any other relevant parties and decide, if necessary, on any appropriate sanction. Landlords who lose their accredited status following the decision of the PSHAO will be entitled to make an appeal against the decision to Stockton-on-Tees Borough Council’s Team Manager, Private Sector Housing. The appeal must be made in writing and will be considered and responded to within 21 days. Similarly landlords wishing to make a formal complaint about the operation of the scheme can write to the Team Manager, Private Sector Housing. If the landlord is not satisfied with the outcome they may also consider utilising the Council’s “Commendations, Comments & Complaints” Procedure. Landlords who lose their accredited status will no longer be eligible for any of the benefits of the Scheme. The PSHAO will consider the reinstatement of accreditation status if the landlord is able to demonstrate that following remedial action they are capable of meeting the requirements of the scheme. Examples of specific breaches include, but are not limited to, the following:

formal enforcement of statute being taken against a member following a failure to comply with legislative requirements from any appropriate enforcement agency/ organisation.

illegal eviction of tenants.

fraudulent activities such as Housing Benefit fraud.

active discrimination.

failure to apply for a licence when required to do so for a mandatory HMO or additional licensing scheme or selective licensing scheme as the case may be.

criminal convictions that would make the landlord unsuitable to manage properties and tenancies.

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SECTION 3 Queries and what next? Keep this document for your reference and return the attached application form to the PSHAO along with any necessary gas safety certificates and your completed training quiz. You will then be contacted within 5 working days to arrange viewings of your properties. Upon successful completion of the viewings and/or the undertaking of any associated works as agreed between you and the PSHAO, we will issue your Membership Certificate with details on how to access all the benefits of membership. If you have any queries or concerns regarding any of the items covered in this document, please contact the PSHAO to discuss. Our aim is to work in partnership with you to ensure you are supported to fulfil your business aims and responsibilities as a landlord. We look forward to welcoming you as a member. Private Sector Housing Stockton Borough Council 16 Church Road Stockton-on-Tees TS18 1TX Tel; 01642 528533 Email: privatesectorhousing@stockton.gov.uk Data Protection

The personal data provided to the Landlord Accreditation Scheme is for the purposes of making an

application to join, and if successful remain a member of the Scheme.

“Any personal information provided on this form will be held in accordance with the Data Protection Act

2018 and used solely for the purpose for which you provide it. This information will be destroyed when

it is no longer required for this purpose. For more information on how we use your personal data please

view our Privacy Notice on our website www.stockton.gov.uk”.

The information provided to and held by the Landlord Accreditation Scheme may be made available to

other Council departments, partner agencies, and the police for the purposes of verifying the information

provided and to check for any conflicts, breaches of legislation, or breaches of the Landlord

Accreditation Scheme’s Code of Standards.

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SECTION 4 Application Form

If you have any queries regarding any part of this application contact; Private Sector Housing; 01642 528533 or by Email; privatesectorhousing@stockton.gov.uk

CONTACT DETAILS

Applicant: (the portfolio owner or in the case of joint ownership, the primary contact for the scheme)

Trading as:

Address:

Telephone:

Email:

If you have an agent please provide their contact details:

Agency:

Contact:

Address:

Telephone:

Email:

If you would like all contact regarding the scheme to be conducted through

your appointed agent please tick here. □ Have you asked if your agent is registered with a Government Approved Lettings Redress

Scheme? Yes □ No □

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Property Portfolio Form

Address

Property Type / Code

Number of floors including habitable basement & habitable attic.

Number of Bedrooms

Occupied Yes / No

Number of occupants

Gas Safe Certificate attached? If not please state why not.

1

2

3

4

5

6

7

8

9

10

(use additional sheets where necessary)

Property codes:

H House (let as a single dwelling)

F Flat above shop

SC Purpose built self-contained flats

HMO House of multiple occupation. A dwelling where three or more unrelated people are sharing

ML HMO Mandatory Licensed HMO: House with 5 or more individuals on 3 storeys or more, contact Marie Thwaites - Private Sector Housing Accreditation Officer if you need further clarification (see contact details below).

R Accommodation or lodgings with resident landlord

O other (please describe)

Please list below all the residential properties that you own / manage within the Borough of Stockton-on-Tees, including

the relevant details of each. If you have a large portfolio you may attach your own list with relevant details. Please be

sure to include copies of the most recent Gas Safe Certificate for all required properties.

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Other Interested Parties

Please ensure you have completed a separate form for each property in your portfolio for which you are not the sole owner. If you are the sole owner of your portfolio in Stockton-on-Tees it is not

necessary to complete this form.

Property Address(s) (or tick here if all are jointly owned ___)

DETAILS OF ANY OTHER PERSON(S) WITH AN INTEREST IN THE PROPERTY

Role: Agent, Joint Owner or other (specify)

Full name

Trading as

Address for correspondence

Contact Telephone(s)

E-mail address

Role: Agent, Joint Owner or other (specify)

Full name

Trading as

Address for correspondence

Contact Telephone(s)

E-mail address

Use additional forms as necessary.

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Checklist

I enclose a completed Property Portfolio sheet listing all the properties I own / manage in the Stockton Borough.

I enclose an Other Interested Parties form for all properties of which I am not the sole legal owner.

I enclose a valid Gas safety certificate for each property. (Gas safety inspections are a legal requirement and must be carried out by a registered Gas Safe engineer)

I enclose the completed Training Quiz. Yes □ No □. If no, I have completed the

online quiz via the link below: https://www.stockton.gov.uk/media/2778/landlord-accreditation-training-document-sep14.pdf

I have a valid Energy Performance Certificate available for inspection for each property which has been let since October 2008

I have read and agree to abide by the Terms of Reference.

Fit and Proper Person Declaration:

Subject to the Rehabilitation of Offenders Act 1974; I declare that I am a fit and proper person to be accredited in that neither I, nor any person associated with my property portfolio, have any unspent convictions that are relevant to my application and in particular: The relevant issues are:

i) Criminal offences including: Fraud, Dishonesty, Violence, Drugs, Schedule 3 of the Sexual Offences Act 2003. ii) Practiced unlawful discrimination on grounds of sex, colour race ethnic or national origins or disability in connection with their business. iii) Accepted a simple caution, been convicted, or served with Statutory Notices under any of the following: a. Housing Law

b. Landlord and Tenants Law c. Environmental Protection Act 1990 d. Public Health Law e. Health and Safety Law f. Building Regulation or Planning Laws

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iv) Conviction for non-compliance of a Statutory Notice under any of the following: a. Housing Law

b. Landlord and Tenants Law c. Environmental Protection Act 1990

d. Public Health Law e. Health and Safety Law f . Building Regulation or Planning Laws

v) Been in control of a property subject to any of the following: a. A Control or Management Order

b. Works have been carried out in default c. A licence or registration certificate has been refused d. Conditions of a licence or registration certificate have been breached

Do any of the above apply? Yes □ No □

If yes please provide a brief explanation: The existence of such an issue may not prevent you becoming accredited.

Signing below indicates that as a potential member of the Landlord’s Accreditation Scheme you agree to comply with the Declarations and Terms of Reference to the best of your ability at all times and to advise the Private Sector Housing Team of any challenges you may face in doing so. In addition, you must comply with the Data Protection Act 1998 in respect of information held about prospective and former tenants.

Signature

Print Name Date

I give permission for my property details to be made public for the promotion of my

Business, the scheme and to verify details in my application. Yes □ No □

If you are a member of any landlord associations please indicate which one(s): Return form to: Marie Thwaites, Private Sector Housing Accreditation Officer, Private Sector Housing, Economic Growth and Development Services, 16 Church Road, Stockton on Tees TS18 1TX Tel; 01642 528533 Email: privatesectorhousing@stockton.gov.uk