From June 2019 landlords and agents are no longer able to charge tenancy fees in England. They are not allowed to ask you to pay for the following:
Both tenants and landlords have responsibilities when it comes to the maintenance of the property. These are usually detailed in the tenancy agreement.
All disrepair should be reported immediately to the landlord or their appointed letting agent, and we recommend that you do this via email so that there is a record of you reporting the problem. Any conversations should also be followed up with an email, so that if a dispute arises, a clear record of conversations can be seen and used as evidence.
It's also useful, where possible, for dated photographs to be taken of the disrepair or problem in the property.
If you or the other tenants have caused damage to the property always report it to the landlord or their appointed letting agent. You may be given the option to organise and pay for the repairs yourself or the landlord may arrange the repair and charge the cost back to you.
Following any reports of disrepair to your landlord or their appointed letting agent, it is likely that they and/or their appointed contractors will need to gain access to the property, usually during normal working hours. It is important that you allow and provide access, but this should also be at a time convenient to you. If access is unreasonably refused, then you may be in breach of your tenancy.
Living in a student house doesn't mean you have to be living in disrepair. You should be aware that there are certain standards that your landlord has to maintain. Here are some hazards that can occur in your house. If you notice any of these or something similar, Healthy Homes (Liverpool City Council) can assist you in getting your landlord to improve the quality of your housing conditions.
Many private landlords and letting agents will ask you to pay a tenancy deposit. The tenancy deposit will often amount to around one month's worth of rent. It is important to be clear at the outset whether you are paying a tenancy deposit or rent in advance. This should be made clear in the tenancy agreement.
The landlord/letting agent must protect the deposit with an authorised tenancy deposit scheme within 30 days of the deposit being paid to them. They must then supply you with the following prescribed information:
If the landlord/agent fails to protect the deposit with one of the schemes and/or provide the deposit scheme details within 30 days of receiving the deposit, then you can apply to the county court for the deposit to be protected or returned to you. The court also has discretion to award you compensation of between 1 and 3 times the amount of the deposit.
Some properties that are rented privately in Liverpool must have a license. This is required to show that the property meets a decent standard, and the landlord is a ‘fit and proper person’.
If the property you are living in requires a licence but is not licensed or does not have a temporary exemption, then Liverpool City Council or other Local Authority in which you reside can prosecute your landlord/agent as this is a criminal offence. Furthermore, if the prosecution is successful then a court or tribunal can apply a rent repayment order which could mean any rent you paid whilst the property was unlicensed can be returned to you.
If your property falls within the Liverpool City Council area, then you can check if your property has a Mandatory or Selective License on the Liverpool City Council website. Different local authorities have different methods of checking, and the information is usually contained on their website if you search for the relevant local authority's name followed by “mandatory licensing” or “selective licensing”.
If you believe the property you are living in within the Liverpool City Council area is unlicensed, you can advise Liverpool City Council at landlord.licensing@liverpool.gov.uk
You have a right to expect your property will be free from pests when your tenancy commences. When you move in check external walls to make sure there are no holes and external doors to make sure they are close fitting. If you identify any problems inform your landlord or letting agent immediately. The landlord should also provide you with an external waste receptacle to enable you to store rubbish between collections.
You should comply with the Local Authority’s requirements for the storage and collection of rubbish. You should also avoid leaving foodstuff around the property that may attract pests.
If you discover a pest infestation, you should inform your landlord immediately. The landlord should then take steps to ensure that a treatment programme is carried out to eradicate the pest infestation.
A tenancy agreement is a legally binding contract between you and a landlord, although many agreements will also include the details of a managing agent as well. Once a contract has been signed, there are no guarantees you will be able to cancel the contract.
The tenancy agreement gives certain rights to both you and your landlord, for example, your right to occupy the accommodation and your landlord's right to receive rent for letting the accommodation. It lets you live in a property if you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy.
We recommend that you get a written tenancy agreement from your landlord or agent, and it should be signed by both you and your landlord. The landlord should provide you with a copy of the agreement.
If your tenancy includes a Guarantor then they have agreed to guarantee your liabilities arising from the tenancy, such as payment of rent. Therefore, the tenancy is binding on the Guarantor also and if you fail to pay the rent or cause other financial loss to the landlord, then the landlord may choose to pursue both you and your Guarantor for any outstanding monies. If a court find you to be at fault, then a County Court Judgment can be entered against both you and your Guarantor.
If you and your housemates are all listed on one tenancy agreement with a landlord, then you will have a joint tenancy, with the following implications:
If your bills are included in the rent payment, you may want to check your contract to see if there is a cap or limit on your fuel consumption. If your consumption goes over this cap, you will be required to pay the extra cost.
It’s also best to get a copy of the bill, to check that the energy consumption is correct and based on actual meter readings and not estimated. If you have the cost of the bills included in your rent payment, the landlord will either keep the utility bills in their name and pay them on your behalf or request that the bills are put in the tenants’ names and the paper bills be passed to the landlord for payment.
Either way, it’s important that you keep track of how much fuel you are using. We recommend you take meter readings on a monthly basis. You may want to supply this information to the energy supplier and landlord, to ensure that the bills are not estimated. Energy providers usually over-estimate usage, so you could end up paying more than what you should. It is also important to check with the landlord/agent before the start of a tenancy whether there is a cap on utility bill usage, even if bills are fully inclusive.
You are a customer of the landlord and as such you have a right to complain if you are not satisfied with the service you are receiving. However, you should do so with courtesy and engage with the landlord constructively.
You should ensure that your complaint relates to an issue that has previously been reported. The complaint should be in writing and clearly set out why you believe they have failed in their responsibilities. If the landlord or agent has one, you should follow their complaints procedure. If your landlord or letting agent is registered with Liverpool Student Homes, then you can escalate the complaint through the LSH Standards. If the property is managed by a letting agent, you can escalate the complaint to the Redress Scheme.
At all times during the complaint process a normal and reasonable landlord and tenant relationship should continue.
The landlord must ensure all gas installations and appliances and electrical appliances supplied are in a safe condition. Smoke alarms should be fitted on each floor of the property and furniture should be compliant with fire safety legislation.
Doors and windows should be capable of being secured adequately to prevent access from intruders.
If the property is registered with Liverpool Student Homes it should benefit from a fire door leading from the kitchen, a fire blanket, window locks and restrictors and carbon monoxide detectors in the vicinity of gas appliances.
Where your landlord provides additional safety and security features, please make sure you acquaint yourselves with them and use them properly. Lock your door even when you are in the property, do not wedge open fire doors, set the burglar alarm if you are all out.
For help with your tenancy rights, you can go to Liverpool Student Homes (LSH), which is your University’s service for private student accommodation. The service is completely free for students and is owned and managed by the University of Liverpool, Liverpool John Moores University, Liverpool Hope University and LIPA.
LSH, 5 Oxford Street, Liverpool L7 7HL (behind the Metropolitan Cathedral)
Tel: 0151 794 3296
Email: Lsh@liverpool.ac.uk
Twitter: /LivStudentHomes
Facebook: LiverpoolStudentHomes
For advice on housing matters you can also contact
Find a solicitor: Find a Solicitor - The Law Society
Citizens Advice: Check what you can do about harassment - Citizens Advice
The LJMU School of Law Legal Advice Centre: Legal Advice Centre | Liverpool John Moores University (ljmu.ac.uk)
MSB Solicitors https://www.msbsolicitors.co.uk/our-expertise/private-landlord-housing-management/