WHAT TO LOOK OUT FOR WHEN INSPECTING THE PROPERTYLOOK OUT for anything which is already

broken in the property. If you want this

repaired before you move in, make sure it

is written in the tenancy agreement.

Far too often, Landlords will promise work to be undertaken

before your tenancy starts, but then come moving in day the

property is in the same condition as when you viewed it. So

write down all the repairs you wish to be done and make sure

they are included in your tenancy agreement.

How OLD is the property? The age and character of a property affects what repairs the Landlord has to make.It may not be a requirement or reasonable for your Landlord to have protected you from disrepair that is present due to the age of the property – for example see information below regarding damp.This will be necessary for student Tenants to consider when moving into many of the large Victorian properties within Newcastle, often found in Jesmond.

Is there any DAMP around windows or on

wall(s)? If damp is caused by condensation or the design of the

property your Landlord doesn’t have to fix it.

Plus, if you don’t ventilate the property properly to

compensate for the damp and this makes the problem worse,

the Landlord may keep your deposit for repairs.

If your sharing a house with 5 or more friends (unrelated) with 3 or more storeys, check your Landlord has a LICENCE A HMO (Houses in Multiple Occupancy) licence is

required on these types of properties to ensure the safety of the occupants and will require the

Landlord to comply with certain duties. This includes maintaining fire equipment and alarms;

taking reasonable measures to protect the Tennant from injury given the design and structure of the

property; and maintaining the supply of water, electricity, gas and drainage.

LOOK OUT for fire safety items such as smoke alarms and heat detectors, if you have any concerns raises them as soon as possible. Your landlord is required to meet minimum standards in relation to fire safety. This may not be your first priority when looking around a property, but you’ll wish it had have been if your property is set alight!

Is the property secured with strong LOCKS? Are they on the back doors and gates as well?Security is very important when looking for a new tenancy, yet this is not a duty on your Landlord. Students are often targeted by burglars due to a large number of valuables being in one property and so you will need to ensure there are adequate locks. Yale locks may be better for student properties as you can be sure the door is always locked and you are not relying on others to lock it.Stronger locks may be something that you ask to be added to your tenancy agreement before you sign it.

WHAT TO LOOK OUT FOR WHEN INSPECTING THE PROPERTYEnsure there have been ELECTRICAL

SAFETY CHECKS – both old wiring and new

electrical instalments. If so, can the

Landlord prove these were carried out

safely by a competent person?

There is a duty on Landlords to ensure that all fixed

electrical installations supplied are safe for use by the

Tenant. Guidance indicates that installations should be

checked prior to the tenancy beginning and at five yearly

intervals.

Has the property had its ANNUAL GAS SAFETY check? Can you see the PROOF? The Landlord should have a gas safety check annually for anything related to the gas system. This may include a boiler and heating installations. The Tenant has a right to inspect the gas safety certificate. Check whether the property has a carbon monoxide alarm although the landlord is not obliged to provide this.

If the CURRENT TENANTS are there during your viewing, be sure to ask them what it is like to live there!Their answers will be unbiased, unlike the agent showing you around. They may tell you what the temperature of the property is like, how quick the landlord will complete repairs, what the bills are like etc.

Make sure you have BUDGETED correctly

before you sign!

It may be that a the property is only a few more pounds a

week than you initially were willing to pay, but over a year

this can add up!

It is advisable to be clear with the letting agency what your

maximum spend per week is – and don’t let them show

you properties out of your price range as the likelihood is

that you will prefer it to the others you have seen!

Ask what the average bills amount to (ask for an energy

performance certificate) and remember to take into

account the cost of internet, TV licences (of which multiple

may be required if there are locks on the bedroom doors)

and other general living costs.

Get to know the LOCAL AREA

Visit the property during the night as well as during

the day. This will give you a better picture of what

it would be like to live there as you would know the

amount of activity that takes place at night.

Are there sufficient local amenities? – whether you

can pop out and get milk close by or not may be

very important when you live there!

MOST IMPORTANT TIP!

Don’t feel pressured by the lettings agent to sign straight after a viewing – the biggest trick in the book is for them to say they have another viewing later that day – they want to make a sale! Make sure you go away and discuss all reservations with each other to ensure you all are happy to live there for a year!

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WHAT TO LOOK FOR IN THE TENANCY AGREEMENT

You DO NOT have a right to a WRITTEN TENANCY AGREEMENT but you should ALWAYS ask for one. ALWAYS READ YOUR AGREEMENT. Make sure it reflects the agreement you made (and want) with your Landlord.

Check and understand your GUARANTOR’S LIABILITY A guarantor acts as a surety for the rent payments and other tenancy obligations. For example, if the tenant fails to pay the rent the guarantor would then be liable to pay the sum.

If your guarantor is your mum or dad, they may be liable for all your flatmates actions if you have a joint tenancy.

DISCUSS and UNDERSTAND your legal relationship with your flat matesWhere a property is held by two or more students it is generally a joint tenancy. This means the tenants have equal ownership of the property. Usually, if one Tenant moves out, you will all be liable to pay the shortfall in rent. Just as, if one Tenant damages the property money will be taken from the joint deposit.

Does the tenancy agreement prevent you finding someone else suitable to take over the tenancy? If the worst happens and one of your flat mates (or you) wants to leave the property, does your tenancy agreement allow you to find someone new?

Do you need a break clause in the agreement? A break clause will allow Tenants to leave the tenancy early and individually.

What COSTS and PENALTIES are you liable for? Are those costs and penalties FAIR? You do not have to pay excessive charges for late payment of rent or unreasonable Landlords costs. You can and should dispute these before letting a property.

WHAT TO LOOK FOR IN THE TENANCY AGREEMENT LOOK OUT for who is liable for re-

pairs? And who PAYS for repairs?Remember it is not always the Landlord’s responsibility to repair certain items. Always check your tenancy agreement as this may provide that you are responsible for certain items in certain circumstances.Important things to ask about liability for are the garden and the cleaning of windows. Check whether there will be any admin costs for repairs.

If there is anything you would like to be fixed before moving into the premises ENSURE that obligation is INCLUDED in the tenancy agreement.

Look out for a term in the tenancy agreement giving the Landlord a POWER TO ENTER. Generally, you have a right to quiet enjoyment of your house, but this right may be altered by provisions in the tenancy agreement so the Landlord may be able to enter in certain circumstances (for instance a power to enter to make improvements).

The Landlord may also vary the way he gives notice of his power to enter. If notice is not reasonable (at least 24 hours) and not written then consider if it fits with your needs and preferences.

This includes flat viewings for next year’s tenancy!

CHECK YOUR DEPOSIT WILL BE PROTECTED. Take the time to UNDERSTAND WHO IS PROTECTING YOUR DEPOSIT and HOW YOU CAN CLAIM YOUR DEPOSIT if there is a dispute. There are a thousand reasons why a Landlord might try to keep the whole or part of your deposit. This is a regular and massive problem for students in an area which the law does not offer much protection. Knowing your rights under your tenancy deposit protection scheme is crucial to getting your deposit back!

It’s OKAY to negotiate! There is a huge amount of competition in the student accommodation market so make sure you are signing an agreement that you

understand and are 100% happy with.

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WHILST YOU ARE IN THE PROPERTY

At the start of your tenancy, RECORD EVI-

DENCE of the condition your property is in.

Ask your Landlord for an itinerary of all fixtures and fittings

in the property and then record any which aren’t there.

Inform your Landlord of these straight away.

Take pictures of any damage (even the slightest of marks)

on your first day and send copies to your Landlord as

evidence. As he/she won’t believe you that the damage was

there at the start unless you have evidence.

Take readings from your gas and electricity meters the day

you move in. Generally your Landlord has no right to enter your property without notice. Details of your Landlord’s right to enter should be included in the tenancy agreement. Most will detail that they MUST provide 24 hours WRITEN notice.

If your Landlord persists in entering without your consent he may be com-mitting a criminal offence.

Take REASONABLE CARE of the property.

The Landlord is entitled to take action if a Tenant

breaches their repairing obligation, usually by keeping

your deposit but in more serious cases, by claiming

damages.

The Landlord must maintain the structure and exterior of the building – such as the walls, roof, external doors and windows, sinks, baths, toilets and other sanitary fittingsThis includes ensuring that any gas or electrical systems meet the specified safety standards. This is statutory obligation of the Land-lord. If you think your Landlord is failing to maintain the property seek advice from Northumbria’s Accommodation Office.

You have NO LEGAL RIGHT to withhold rent. This is a breach of contract and could lead to you being forced out of the property or losing your deposit. If the Landlord is not repairing the property contact the accommodation office for more information.

In some circumstances a Tenant can withhold rent on the basis of using it to pay for repairs that the Landlord should have carried out. You can only do this when you are sure the Landlord is responsible for the repairs. It is nota-ble that the Tenant generally has no legal right to set-off repairs in this way. If a Tenant does want to rely on self help then they must follow a procedure. They must demonstrate that they have acted reasonably. For information on the procedure that a Tenant must follow in these circumstances, please get in touch with the University’s Accommodation Office or the Student Law Office for advice.

ALWAYS report any damage or defect to the Landlord or letting agency as soon as possible.Keep a record of when you have been in contact as

evidence that you have reported the damage.

Leave the property in the SAME CONDITION in which it was at the start of your tenancy.Landlords may often charge for professional cleaning at the end of the tenancy so it is advisable to get cleaning quotes to be sure you are

not charged too much for this work.

The Landlord must keep the property in accordance with the TENACY agreement. They are also under a statutory duty to repair certain damage.

If YOU feel the property is UNHEALTHY to live in due to damp, infestation or other hazards contact the ENVIRONMENTAL HEALTH AGENCY. They can get a Landlord to do work on a property very quickly.

If one Tenant moves out, YOU may be liable to PAY the shortfall in rent

Usually all the Tenants will pay a single deposit for rent, if SOMEONE ELSE DAMAGES the property, it comes out of YOUR deposit

PERMISSION must be obtained from the Landlord to assign the tenancy to someone else. A fixed-term tenancy CANNOT BE ENDED early unless all joint Tenants AGREE and either the LANDLORD AGREES or there is a BREAK CLAUSE in the contract.

If there is any dispute with the return of your DEPOSIT contact your TENANCY DEPOSIT PROTECTION SCHEME immediately.

If you are living in a house with 3 or more friends make sure the property manager is MAINTAINING FIRE EQUIPMENT, ALARMS and taking reasonable measures to PROTECT YOU

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