Registration Standards with propertywithUS
The below standards are the standards the University of Sheffield is currently using as an interim standard for registration. They are the standards of the Sheffield Responsible Landlord Scheme which was run by Sheffield City Council.
Physical Standard
This Physical Standard list is to enable landlords to decide if their property complies with the required standards. Please read this list carefully. Please contact us if you are unsure about whether you meet the standards. Please refer to the Houses in Multiple Occupation Fire Standards, for non-licensable properties, for additional standards in properties with 3 or more unrelated people sharing.
1 Standard
1.1 Fitness
The property must be Fit for Human Habitation (This is a basic statutory requirement that can be found in the Landlord & Tenant Act 1985, section 10) with specific reference to:
Structural stability Freedom from disrepair Freedom from dampness and associated mould growth Adequate provision for heating, lighting and ventilation Adequate piped supply of wholesome hot and cold water Satisfactory facilities for preparation and cooking of food Suitably located WC, bath or shower and wash hand basin Effective drainage for foul waste and surface water Freedom from excess cold Free from the risk of falls and trip hazards
The property must also be free of serious health and safety hazards. See the guidance on part 1 of the Housing Act 2004. For a short guide and more details of the Housing Health and Safety Rating System’s (HHSRS) 29 hazards, see appendix A.
2 Safety and Security
2.1 Gas Safety All gas appliances must be covered by a valid Gas Safe certificate. This should show that any gas appliances are safe and have also been regularly serviced in line with manufacturer’s requirements. A copy should be displayed prominently within the property, or in the tenant information pack. All gas installations must be covered by a current Landlord Gas Safety Certificate (eg a CP12) issued by a Gas Safe registered engineer. All works to gas installations must comply with Gas Safety (Installation & Use) (as amended) Regulations 1998. (Please tell us if there is no gas at the property)
2.2 Electrical Safety All properties must be covered by a valid ‘satisfactory’ electrical certificate which shows that the electrics have been tested within the last 5 years.
A copy should be displayed prominently within the property, or in the information pack you provide tenants.
The fixed electrical wiring and installations must be certified as safe by an approved electrician in accordance with the current relevant Electrical Regulations (BS7671, including all current amendments) at least every five years, unless otherwise indicated on the previous inspection to be sooner, and must be to a ‘Satisfactory’ standard. Any alterations or additions to the electrical installations must be carried out by a competent person in accordance with the current relevant Electrical Regulations and the installation left in a safe condition and proper working order. There should be no fraying cable, overloading of sockets etc. Every electrical appliance, which is plugged into a socket, should be visually checked at regular intervals, before tenancy commencement, and at least yearly intervals. Two double sockets should be installed in each room to ensure that tenants do not need to use extensions, or need to overload sockets. Sockets should be located where appliances can be used safely without flexes causing a trip hazard. A minimum of two twin high level sockets or equivalent, to be provided in each kitchen in addition to other sockets dedicated for mains appliances. Sockets should be located away from sinks, in a position where appliances can be used safely. Light fittings should have low energy light bulbs fitted throughout the property where possible. Light switches should be in a suitable location where they are easy to use. It is recommended that electrical testing for portable electrical appliances, supplied by the landlord, should be provided by the landlord. This should be risk assessed, but as a minimum it is recommended to test appliances before the start of each tenancy and at regular intervals during any longer term tenancies. Appliances which are provided by the owner must be in a safe working condition at the start of the tenancy, and regularly inspected to ensure they are in a good condition. There is a link to the Landlords Guide to Electrical Safety published by the Electrical Safety Council here: http://www.esc.org.uk/public/guides-and-advice/safety-in-rented- homes/information-for-landlords/
2.3 Doors
Door frames should be solid, well fitted and good quality and able to be latched closed. All door locks to external doors should ensure that doors are secure but can be opened from the inside at all times in the event of fire. Locks with a thumb turn mechanism to allow escape from the property, without the use of a key, are required for most Houses in Multiple Occupation. To BS3621 or EN equivalent. Any bedrooms fitted with locks must allow escape without the use of a key.
2.4 Windows
All windows should be solid, well fitted and good quality. Window locks should be provided to ground floor windows and any other windows accessible without the use of a ladder. If key operated double glazed units are fitted, then leave the window unlocked or with the key near the window, but not visible from the outside. Any new windows fitted should be to BS7950 or BS7412. Any opening escape windows should not have grills fitted to the outside. Any windows with a sill height of below 800mm will need opening restrainers and safety glass to BS 6206. Any replacement of external doors and windows may need Planning Permission, particularly in a conservation area. Please speak to the Planning Department for more information. Any coal chutes should be made secure to prevent access from outside.
2.5 Fire Safety
The scheme requirements are:
The 10 year lithium battery type detector is the minimum requirement for family accommodation. These are commonly used in owner occupied houses. They are readily available from DIY outlets for around £15 each. They operate on the ionisation method. They are not interlinked, have no mains supply and operate independently by means of a 10-year lithium battery. Check that the detector is operating by pressing the test button as per the manufacturer’s instructions.
Smoke alarms should be fitted to each hallway and landing ceiling. The recommended standards are:-
Mains interlinked smoke detectors to each floor with a heat detector in the kitchen is recommended in family accommodation for reliability, and is more tamper resistant. For Houses In Multiple Occupation (HMO’s) that do not fall under HMO licensing regulations, then please see the separate Fire Safety Standards for Non-Licensable HMO’s document, for the requirements, depending on the layout. For HMO’s that do fall under Mandatory Licensing then please refer to the HMO Licensing regulations. Landlords should provide guidance notes or a briefing to new tenants on fire safety and equipment in your property. Fire doors, if fitted, should meet British Standard BS 476-22 or BS EN 1634-1. Self- closers should be to BS EN. 1154. Intumescent smoke seals to BS 476 part 20:22 for fire only and BS 476 part 31:1 for smoke leakage.
A fire blanket is to be provided in the kitchen. This should meet BS EN 1869:1997. It should be wall mounted near the cooker, but not positioned where a tenant would need to pass the cooker to reach it in an emergency. There must be a clear escape route within the property leading directly to a place of safety outside the building, signed if necessary. All exit routes in control of the landlord, should be kept clear and unobstructed at all times. The front door, especially when it is in a room being used as a bedroom, should be accessible from inside the house with a thumb turn to allow easy escape. There should be no bedroom door locks that would prevent other tenants from accessing the front door in an emergency. Ideally escape windows should be provided on 2 and 3 storey properties when new windows are being fitted. Basic visual inspection of all apparatus on a regular basis to identify any damage, disrepair or alterations. There should be no polystyrene, such as ceiling tiles or internal wall insulation under wallpaper, in the property.
2.6 Stairs and escape route
There should be a clear escape route to the outside, with no obstructions (which includes ground floor bedrooms with a front door access).
Handrails or grab rails are required to all stairs where practical. There should be adequate guard rails around stair wells and safe access to any cellar. There should not be any horizontal balustrade rails and no gaps wider than 100mm between spindles.
2.7 Furniture (Furnished Lets only)
If furniture, curtains, blinds and soft furnishings are provided, they must be compliant with the Furniture & furnishings (Fire Safety) Regulations 1993. A Tenancy agreement can require tenants not to bring in non-complying items. All furnishings provided by the landlord to be in a clean and sound condition at commencement of tenancy.
2.8 Carbon Monoxide
A Carbon Monoxide alarm is required for any property with a gas appliance, such as a boiler, gas fire or gas oven / hob. This should be to BS EN 50291:2001 It should be fitted to a suitable location usually at least 3m away from the gas appliance, please refer to the manufacturer’s instructions for the specific fitting instructions. Combined smoke and Carbon Monoxide detectors are acceptable. The detector should be tested regularly, not just the battery, as per the manufacturer’s instructions. Usually using a Carbon Monoxide canister.
3 Heating and Water
3.1 Heating
Provide a controllable (by tenants) form of heating to all habitable rooms, capable of providing the following temperatures in each room :- Bedrooms only 18 C Living Room 20 C Study / Bedroom 20 C Bathroom/ WC/ Dining Kitchen 20 C Temperatures must be achievable when the external temperature is -10C The meters should be accessible to tenants, or if their heating is included in the rent, then the tenants should still be able to turn off the gas if needed in an emergency. There should be no bottled gas, paraffin or halogen heaters within the property.
3.2 Hot Water
Provide a constant controllable supply of hot water to baths, sinks, showers and wash hand basins.
3.3 Water There should be access to the stop cock by tenants in case of an emergency.
4 Kitchen facilities
4.1 Layout
The kitchen should be laid out in such an arrangement as to allow for its safe use and to be easy to keep clean and hygienic by the tenant. A piped hot and cold water supply is required to the kitchen sink.
4.2 Refrigerator
Space for a refrigerator, including a freezer is required. A refrigerator of appropriate size for the number of tenants in the property, including freezer space, should be provided in the kitchen, if a furnished property.
4.3 Cooker (furnished properties)
A 4-ring cooker, oven and grill located with a work top of at least 150mm either side, and it should be positioned away from any door openings. 2 or 3 rings may be acceptable for small 1 or 2 person flats and studio’s, where space is limited.
4.4 Food Storage and Preparation
Adequate food and utensil storage in the kitchen. 1 standard single storage cupboard per adult. The space in the sink base unit is not suitable for food storage. A minimum 1linear metre of dedicated free worktop space for food preparation is required in the kitchen, with a minimum depth of 500mm.
4.5 Washing Machine
Plumbing provision and a dedicated electrical socket for a washing machine for a letting occupied by more than one person should be provided. It is recommended to supply a washing machine which, if provided, should include its repair or replacement if there are any problems unless there is a written agreement with the tenants stating anything different.
4.6 Ventilation
There should be some form of ventilation provision to kitchens and bath / shower rooms. Mechanical extraction / ventilation is recommended for normal bathrooms / kitchens, and it is a requirement for internal bathrooms / kitchens.
5 Bathroom Facilities 5.1 Washing Facilities
Shower and or a bath, and wash hand basin to be provided with a tiled, or equivalent, splash back area. If a shower is fitted, it should have a waterproof surround and a shower screen / curtain. A suitable method of ventilation should be fitted. It is recommended to fit some form of mechanical ventilation, in accordance with Building Regulations. A wash hand basin with a hot and cold water supply is to be located with every w.c, or on the same floor.
5.2 W.C.
An internal w.c has to be provided, with adequate ventilation. A wash hand basin with a hot and cold water supply is to be located with every w.c or on the same floor.
5.3 En Suite
En-suite facilities should only be provided where there is adequate space and a suitable location. They should be properly enclosed and ventilated and to Building Regulations requirements.
5.4 Storage
Adequate shelving or storage should be provided in a bathroom which is suitable for the number of occupants.
6 Other Matters
6.1 Decoration The decoration of the internal and external of the property should be clean and sound at commencement of tenancy. Walls and ceilings must be in a sound condition.
6.2 Floor coverings Floor coverings are clean, level, sound, well secured and easily cleanable, with no frayed areas, to minimise trip hazards (particularly to stairs and landings). In bathrooms and kitchens where vinyl or tiled floor coverings may be used, the edges may need to be sealed to minimise water ingress.
6.3 Access If the property has any adaptations done in relation to people with disabilities, such as level wheelchair access, hearing loops, sounders which may suit tenants with a particular disability, then please let us know.
6.4 Burglar Alarms Where burglar alarms are provided, they should be fitted with an automatic cut out device that prevents the alarm for ringing for more than 20 minutes. The equipment should be serviced regularly and replaced if unreliable.
6.5 Internal Layout
Properties are not allowed to be occupied if the internal layout is likely to be prejudicial to the health, safety and wellbeing of the tenants.
7 External Conditions
7.1 Garden / Yards
Front and rear gardens / yards should be tidy, free from rubbish and safe before the beginning of a tenancy. Access steps, handrails, pathways, sheds and gates to be kept in good condition. Handrails should be fitted to external steps where there are more than 3 steps. Police recommendations: Bushes and shrubbery in gardens should be kept to a maximum of 1 metre high. The lowest branches of any tree should be no lower than 2 metres from the ground. Shrubbery should be of a nature that discourages people from walking through it, such as shrubs with thorns. External access steps and pathways should be maintained and free from tripping hazards. External redundant buildings should be demolished if unsafe, or maintained in a safe condition. Ensure planning permission is not needed before demolishing any structures. Access to the rear of properties should be gated where practical. Tenants should be provided with the necessary tools if it is a requirement for tenants to maintain garden areas.
7.2 External Lighting
To be provided and maintained for rear and side entrance doors and for access passageways where possible / practical. Passive PIR type lighting is recommended. It is not always practical or possible to provide external lighting because of disturbance to neighbours. This can also be difficult when the only fixing place is on neighbouring property. It should be therefore assessed as to how lighting can be positioned so as not to disturb either neighbours or tenants. External passive ‘PIR’ sensor lighting should be provided if at all possible. The police recommend external lighting should provide white light and be in anti- vandal casing with dusk to dawn PIR sensors.
7.3 Rubbish / Dustbins One standard 240 litre wheeled bin for up to 5 people, and any other recycling bin / bags as required in the area, should be provided on a hard standing area. Front and rear gardens / yards to be free from rubbish. Veolia can provide larger bins for properties with more than 5 people on request. Contact Veolia on 0114 273 4567. The Police recommend that dustbins should be held in an area away from ground floor windows and preferably secured.
7.4 Rainwater goods
Roofs, gutters, drains and down-pipes to be in a good state of repair and securely fitted. Any replacements fitted may need planning permission if the property is Listed, or in a Conservation Area.
8 Energy efficiency/ recycling
8.1 Insulation
Roof / loft spaces insulated where accessible from the house. A minimum of 270mm loft insulation, or equivalent including any upright stud walls in attic loft spaces, where accessible. Dormer windows and roof slopes can be over-boarded with insulated plasterboard to obtain greater energy efficiency if no insulation is evident. Hot water tanks and exposed water pipes are insulated. There should be cellar insulation between the ground floor joists, where accessible, fixed in place with wire mesh or other suitable arrangements. External cavity wall insulation should be installed, unless it is a solid wall.
8.2 Lighting
Energy efficient lighting, such as low energy (CFL or LED etc) bulbs. Some CFLs seem to start very slowly, don’t give the light they promise or don’t last as long as they claim: beware of poor quality, cheap lamps: make sure that you only buy CFLs with the ‘Energy Saving. Recommended’ logo on the box from the major manufacturers. Stairways should be adequately illuminated to allow for their safe use.
8.3 Recycling
Facilities are provided to the Council’s requirements. Tenants should be encouraged to recycle as much as possible thorough the use of Council provided recycling bins, boxes or bags.
8.4 White goods It is recommended that when replacing white goods, such as fridges and ovens etc., they are ideally ‘A’ or ‘A+’ rated for energy efficiency.
8.5 Other An Energy Performance Certificate (EPC) was required from 1 October 2008 for most new tenancies. Code of Practice
The Code of Practice aims to assist you by promoting good practices and awareness of the landlord’s and tenant’s obligations and responsibilities. It reflects a combination of legal requirements and voluntary good practice.
Note:-Any guidance notes are in italics.
Landlords will comply with the following:
1 Legal responsibilities
1.1
Be aware of relevant legislation and statutory provisions including, but not limited to: Construction (Design and Management) Regulations 2007 Disability Discrimination Act Furniture & Furnishings (Fire Safety) Regulations 1988,1989,1993 Gas Safety (Installation & Use) Regulations as amended 1998 Health & Safety at Work Act etc1974 Housing Act 1985, part 10, regarding overcrowding Housing Act 1988 (Assured and Assured Shorthold Tenancies). Housing Act 2004, parts 1 & 2 Landlord and Tenant Act 1985 Misuse of Drugs Act 1971 & (Modification) Order 2001 Party Wall Act 1996 Protection from Eviction Act 1977 as amended by S29 HA 1988 Protection from Harassment Act 1997 The Housing (Management of Houses in Multiple Occupation) Regulations 2006 (SI 372, 2006) Town and Country Planning Act 1990
2 Equal opportunities
2.1
Ensure that in the provision and letting of housing or associated services and in the letting of contracts for services no person or group of persons applying will be treated less favourably than any other person, because, for example, of their race, age, gender, disability or sexuality. 3 Marketing, deposits and letting property to tenants
3.1
All property details are reported accurately without misrepresentation to prospective tenants and the contract start and end dates are made clear before the contract is signed
3.2
Any external advertising should be strictly in accordance with Local Authority Planning requirements. The sign should relate to the specific property only when there is a forthcoming vacancy, be within the legal size and removed when that property is let.
3.3
All prospective tenants must be granted an opportunity to view the property. It is important that the consent of existing tenants is obtained before viewings take place.
3.4
Tenants are provided with a copy of a written tenancy agreement, which clearly defines the responsibilities of landlord and tenant (including payment of water charges, utility bills, service charges and Council Tax). The name(s) and address of the landlord should also be stated on the agreement. The Tenancy Agreement should also list who is to be living at the property. Further copies should be made available on request to tenants. Tenancy Agreements should be written with a view to the unfair contract terms legislation.
3.5
Prospective tenants should be permitted not less than 48 hours, within which to consider and seek independent advice regarding the terms of the tenancy agreement, before signing. Landlords should make a copy of the tenancy agreement available in advance of the letting. Make sure tenants are aware that the property is not theirs until a tenancy agreement is signed.
3.6
No monies for Tenancy deposits or rent should be demanded prior to the signing and exchange of any tenancy agreement. Reservation deposits can be accepted providing they are small but refundable if the landlord withdraws. A receipt should be issued stating clearly what this money is for and the grounds for a refund. When a landlord or letting agent takes a deposit from an Assured Shorthold tenant, the deposit must be protected in a government-authorised tenancy deposit scheme. The prescribed information about the protection must be given to the tenants within 14 days of receipt of the deposit. Any Service Charges that the tenant is liable for should be made clear from the start in the Tenancy Agreement.
3.7
The name, current residential or contact address (not a Private Box) and telephone numbers of the landlord or, if applicable, the agent are stated on the Tenancy Agreement (or accompanying documents). Where the landlord’s address or other contact details change, then the tenants must be informed in writing.
3.8
The property must be clean and in a good state of repair, electrical appliances safe and checked, and in working order prior to the tenancy commencement. Any pre-tenancy repairs, or intentions on the part of the owner to undertake improvement, should be confirmed in writing and included or referred to in the Tenancy Agreement. Rubbish should be removed and bins removed from the kerbside before a tenancy starts, and within 48 hours of a tenancy finishing, or within the next bin cycle.
3.9
There should be separate meters for each individual self–contained unit, unless the bills are included in the rent. However there should still be access to be able to cut off a supply by the tenants if needed in an emergency. In properties where there are multiple individual lettings then the payment for bills should be clearly laid out.
3.10
The landlord should make available to the tenants, a tenancy information pack containing a copy of the gas and electrical certificates, tests for smoke alarms and fire detection systems as well as emergency contact numbers. There should be instructions for using the heating system, alarms, fire detection systems, the washer and other gas and electrical appliances and refuse/ recycling requirements, such as collection days etc. Landlords should inform tenants who the utility suppliers are, if the landlord knows. The pack must be prominently displayed or available on request for each tenant.
3.11
The property should not be overcrowded.
3.12
The landlord should provide Buildings and Public Liability Insurance, and permission obtained from any mortgage company and/ or the freeholder, to let the property.
4 Inventories
4.1
Ensure that an accurate, detailed and agreed inventory of furniture, fixtures and equipment is provided at the start of each tenancy. This should be signed and dated by tenants, and countersigned by yourself. Dated photographs can be useful additional evidence of the condition of a property, before tenants move in, only if also signed and dated by the tenants, or you may want to use a video.
5 Rent and other charges
5.1
Ensure that prospective tenants are issued with a clear statement of the rent due to be paid, including the dates, amount and method of payments to be made during the tenancy.
5.2
Provide written receipts to tenants for monies demanded, and in all cases where the method of payment is by cash. Post dated cheques, if requested, should not be cashed until the due date. Where rent is paid weekly it is a legal requirement to provide a rent book or similar document. The landlord should maintain proper accounts with receipts for all monies received, or a Rent Book. Plus receipts for any works done on the property. It is recommended that Standing Order Mandates are used for rent collection.
6 Repairs and maintenance 6.1
Ensure that at the commencement of the tenancy or other dates mutually agreed with the tenants, all obligations on the part of the landlord, with regard to repairs and improvements to the property are fulfilled.
6.2
Establish and communicate to the tenants a clear procedure for the reporting of repairs with records maintained. Relevant non-emergency repair and emergency repair telephone numbers should be provided to tenants at the start of each new tenancy.
6.3
Respond to repairs which are identified by the landlord, or reported by the tenants during the course of the tenancy as follows: It is expected that a repair will be completed within the times stated below in the majority of cases. It is however recognised that there may be circumstances where this may not be achievable, and Landlords should advise tenants of anticipated completion dates for repairs where target dates cannot be met, and make any necessary arrangements to address health and safety issues until the repairs are completed.
Category - A (emergency) All repairs endangering the safety, health or security of the residents or the structure of the building e.g. gas leaks, major electrical faults, blocked WCs, major water leaks. Response time: Not more than within 24 hours of notification. This should include a response to burglary damage boarding/ repair of any insecure door or window within 12 hours. Gas leaks should be reported immediately to the National Grid Emergency Service on 0800 111999 (24hrs).
Category - B (urgent) Eg. Complete breakdown of heating/hot water systems and serious lighting faults. Response time: Within 48 hours of notification.
Category – C All other urgent repairs affecting the structure and services but not regarded to be prejudicial to the safety, health or security of the residents or the structure of the building, e.g. direct water penetration, refrigerator breakdowns and major cooker faults. Response time: Within seven working days of notification.
Category – D All other repairs reported but which do not affect the safety, health or security of the residents or the structure of the building and are services, which do not prevent reasonable occupation of the accommodation. Examples are plasterwork and minor furniture repairs. Response time: Within three weeks of notification.
6.4
Where reasonable and practical, provide at least 24 hours written notice when access to the property is required for repairs, making all reasonable efforts to agree a mutually acceptable time of access with the tenants. In the event of an emergency, tenants should co-operate as fully as possible with the landlord.
6.5
Ensure that planned programmes of repair, servicing and those improvements that a landlord is entitled to do, are carried out with due regard to the convenience of the occupants and that the tenants permission has been obtained. Communicate as far as possible to the tenants how long repairs are going to take and any disruption or inconvenience that may be entailed. Take reasonable steps to carry out repairs in a way which minimises discomfort and is considerate to the tenant’s circumstances.
6.6
Ensure that all contractors and tradespersons carry relevant Identification, which should be shown to tenants on demand and can be checked. Alternatively, the tenants should be notified who will be coming and when. Ensure that all redundant components and debris is removed from the premises on completion of works. Contractors should behave in a professional and courteous manner at all times. All reasonable effort should be made to minimise the impact and disruption on tenants.
7 Safety
7.1
Ensure that clear, written instructions for the safe use of all heating and hot water systems, all gas and electrical appliances, burglar systems and fire detection systems are provided. Tenants should have appliance user manuals, or copies, available.
7.2
Ensure that no form of bottled gas, paraffin heater or halogen heater is provided or used as a heating source. External bottled gas may be used for a property in some circumstances, usually in rural properties where there is no mains gas supply. 7.3
Ensure that the smoke / fire detection systems and fire fighting equipment is serviced / tested annually by a competent person. Investigate any reports of false alarms. Records should be kept of these inspections. Tenants should be advised they are responsible for routine tests.
7.4
A regular visual check of electrical appliances, cables, plugs and sockets should be carried out to make sure they are sound.
7.5
Ensure external lighting, where provided, is maintained in working order.
7.6 Provide tenants with clear instructions for turning off and restoring hot and cold water supplies and central heating for periods of absence during winter, and on safe and efficient working of other appliances in the house. If there is a heating breakdown then you should provide tenants with some alternative heating, if it cannot be repaired quickly.
7.7
Provide tenants with written information and instructions about the procedure in the event of fire or an activation of fire detector system, including how to switch off and reset the system.
8 Conduct
8.1
The owner/ agent must conduct their business in a professional, courteous and diligent manner.
9 Anti social behaviour
9.1
On receipt of a complaint in writing, you should investigate within 3 working days and, depending on the nature of the complaint, seek to enforce the responsibilities of the Tenant(s). Anti-social behaviour is defined as being “behaviour that causes nuisance, annoyance, harassment, alarm or distress to one or more people living nearby”. This can include (but is not limited to), leaving rubbish and litter, vandalism, noise nuisance, harassment and intimidation.
9.2
You should have clear policies and procedures for handling tenant disputes and complaints about nuisance between neighbours/ tenants and their guests. You should deal fairly with all parties. You should carefully consider whether there are grounds for civil or criminal action.
Your letting agreement should make clear that anti social behaviour is grounds for you to apply to court for a Possession Order to bring the tenancy to an end before the expiry of the fixed term.
Where you receive a complaint about alleged anti social behaviour by one of your tenants, you should take reasonable steps to get details of the complaint, make enquiries of anyone else who may have information about the problem and then talk to the alleged perpetrator about their behaviour. Noise nuisance complaints can be referred to the Council noise team on 0114 203 7410.
9.3
All landlords should ensure that tenants know that harassment of any kind by their tenants will not be tolerated. This can be done before a tenancy commences, and preferably be included in the tenancy agreement as a ground for possession. Landlords should be mindful of the wishes of tenants who experience harassment during their tenancy. If there is reason to think the initial complaint may be justified, you will make the perpetrator aware of the effect of their behaviour on others and that you will take steps to end their tenancy if the problems continue.
9.4
Any issues regarding the antisocial behaviour of your tenants (and their guests) will be dealt with promptly and effectively. Tenants should be reminded of their responsibilities, where necessary.
Anti-social behaviour includes any activity that is deemed as having a negative impact on the community, including noise nuisance, abusive behaviour, drug and alcohol abuse, litter, rubbish and untidy gardens etc. Where you suspect that the behaviour may amount to a criminal offence, this should be reported to the Police.
9.5
Where you are unable to negotiate or mediate an agreed change to any anti-social behaviour, you should make your tenant aware that further anti-social behaviour may lead you to give Notice to end the tenancy and take the appropriate legal steps to get them to leave and to claim back the costs of this action from them.
9.6
Where the service of Notice does not act as an effective deterrent, you will give reasonable consideration to ending the tenancy by legal proceedings, including getting legal advice where appropriate.
10 Respect for privacy and right to ‘Quiet Enjoyment’ and unlawful eviction
10.1
All tenants have the right to ‘Quiet Enjoyment’ in their home. This is the right to live in the property free from interference and disturbance by their landlord or anyone acting for the landlord. Respecting the right to Quiet Enjoyment includes recognising that a tenant has ‘exclusive possession’ of the property which means that they have the right to exclude all others from the premises, including the landlord, for the duration of the tenancy.
The exception to this is the rights the landlord has to inspect for, and carry out, those repairs which they are obliged to carry out, subject to agreement with the tenants or a Court Order.
In practice the right to Quiet Enjoyment largely means allowing the tenant to have the privacy and control anyone would normally expect in their home.
10.2
One of the most extreme examples of breaching (breaking) a tenant’s right to Quiet Enjoyment is changing the locks or otherwise unlawfully evicting the tenant without a Court Order.
Other examples of breach of the right to Quiet Enjoyment include going into the property against the tenant’s wishes, disconnecting fuel supplies, calling at unreasonable hours and intimidating behaviour.
10.3
The tenant’s right to Quiet Enjoyment will be respected at all times. Offences of unlawful eviction or serious harassment of a tenant are investigated by the Council with a view to prosecution. 11 Tenants responsibilities
The tenants are expected to conduct themselves in a ‘tenant-like’ manner whilst occupying the premises and to co-operate with the landlord in discharging his or her responsibilities. Tenants and, where appropriate, their guests should specifically: Return the signed inventory by the specified date (7 days is the recommended timescale) making note of any missing or damaged items. Make arrangements to finalise utility accounts and agree meter readings on the change of a tenancy. Settle final accounts for utilities by end of tenancy, and inform the landlord as to whom the suppliers are. Return the property in the same condition as at the start of the tenancy excepting only for reasonable wear and tear. Do not leave the property in a condition likely to be a hazard to health, and ensure keys are returned on the date specified. Pay the agreed level of rent when it becomes due. Dispose/ recycling of all household waste in accordance with Local Authority requirements, and keep all outside areas free from waste generated by the occupants. Tenants should be encouraged to recycle as much as possible. Promptly inform the landlord in writing of any repairs, which may be necessary. Co-operate with the landlord regarding reasonable access for repairs and maintenance. Ensure that no damage is caused to the property and any contents provided, including damage caused by guests. Inform the landlord if the property is to be left vacant for periods greater than 28 days. Behave in a responsible way to their neighbours. Tenants are responsible for the behaviour of their visitors. Not bring onto the premises any portable bottled gas, paraffin or halogen heaters. Keep the gardens/ yards in a tidy condition and free of rubbish.
Extra work may be required if a property is found to be a non-licensable House in Multiple Occupation (HMO), please see the separate document ‘Houses in Multiple Occupation Fire Standards, for non-licensable properties’
Planning
If a property is in a Conservation Area then any external alterations such as new windows, external doors, rainwater goods or gating off an area or the demolition of out buildings, may need planning permission. Planning permission may also be needed for to convert a property into a House in Multiple Occupation – Please contact the planning department directly if you need any further clarification on 0114 203 9183, or e-mail [email protected] Notes:
Please note that this information has been taken from Sheffield Responsible Landlord Scheme standards documentation.