What is a Tenancy Agreement?

2. What is a Tenancy Agreement? • A contract between you and your landlord • Giving certain rights • 12 months • Joint tenancy • Signed by everyone • Everyone should receive a copy

3. Common Terms • Address of property • Start and end date. Duration • Rent • Whether your landlord will provide any services • Notice

4. Landlord Responsibilities/Entitlement • Duty to carry out basic repairs • Duty to ensure boiler and water work properly • Must give 24 hours written notice before entering property to carry out repair • Must protect your deposit • Provide a copy of the Gas Safety Certificate • Provide you with full name, address and contact details

5. Your Responsibilities/Entitlements • Duty to pay rent on time • Responsible for minor repairs and maintenance • Obligation to provide access for repair work • Cleaning house • Usually responsible for bills • Entitled to quiet enjoyment of your property • Duty to behave in a tenant-like manner • Being reasonable about noise and parties

6. Eviction • You 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

7. Paying rent • Pay your rent! • When • How • How much • Even if you don’t think you should • Agreement between you and your landlord • Fixed-term tenancy • Changes to rent • What happens if you don’t pay your rent?

8. Guarantors • Who? • Parent or guardian • International students • What? • Joint and several liability • Rent and damages • When? • Tenancy agreement – seen and approved

9. Inventory and Damages

10. Inventory • List of all contents and condition of a property • Also 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

11. Things to do: • Sign Inventory and initial every page to signify agreement • Photographic/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

12. Sample Inventory

13. Damages

14. 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

15. No general consensus? • Record the state and condition of the alleged item with photographs • Inform the landlord in writing • All disputes handled by Alternative Dispute Resolution (ADR) service provided by Tenant Deposit Scheme • County court

16. Deposits • What you should know..

17. In General • You 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

18. How to Lose Your Deposit • Cause damage to contents of the property, or have them go missing • Return your keys late • Cause damage to the property (beyond ‘reasonable wear and tear) • Keep the property unreasonably dirty • Fail to pay your rent

19. How to Keep Your Deposit • Complete 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!

20. 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

21. Paying the Bills

22. Bills – A Brief Glance

23. More Expenses?? No!!!...

24. Bank Accounts • Savings 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

25. 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

26. Direct Debit • A 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

27. Overdrafts • Occurs 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

28. Bank Comparisons

29. Overdrafts – Potential Nightmares!

30. Overdrafts – The Nightmare • Additional 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

31. The Abbey National PLC Case • Office 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

32. FinalTips • Plan your finances • Check your Bank statements regularly • NEVER exceed your agreed overdraft • Negotiate with banks for extensions if facing financial difficulties

33. Noise Disturbance • Legal Definition = Nuisance

34. Questions • WHAT IS A NUISANCE? • SIMPLE SOLUTION • ADVANCED /ALTERNATIVE SOLUTION • HANDY TIPS TO PREVENT NOISE DISTURBANCE

35. 1) What is a Nuisance? • A legal meaning based on a number of factors which include: • The VOLUME or loudness of the noise • The CHARACTER of the noise. • The DURATION of the noise • The TIME at which the noise occurs.

36. 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

37. 3) ADVANCED /ALTERNATIVE SOLUTION • If NOT SUCCESFUL, then can: • COMPLAIN TO POLLUTION CONTROL • COMPLAIN TO A MAGISTRATES’ COURT • TAKE ACTION AT COMMON LAW • MEDIATION

38. A) Complaint TO POLLUTION CONTROL • Who are they: • The Pollution Control team is the section of Bristol City Council dealing with an array of pollutions • Law: • 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

39. Example of a ‘Noise diary’

40. Example of a ‘Noise diary’

41. 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)

42. 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

43. 4) HANDY TIPS TO PREVENT NOISE DISTURBANCE • Simple measures can be taken at home to prevent noise nuisances: • Keep the volume of radios, TVs, hi-fi equipment etc. as low as • possible, 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

44. Useful Links • Pollution Control Team*** • http://www.bristol.gov.uk/page/environment/noise-pollution-how-can-we-help • Bristol Mediation • http://www.bristol-mediation.org/ • Noise diary • http://www.bristol.gov.uk/sites/default/files/documents/environment/noise_pollution/Noise%20Diary_0.pdf

45. Additional Help • You can speak to a Just Ask adviser about anything that’s bothering you • The Accommodation Office have a tenancy agreement checking service • www.ubu.org.uk/justask/advice

46. Contact Details • University of Bristol Accommodation OfficeThe Hawthorns Tel: +44 (0)117 95 46640 Email:accom-office@bristol.ac.uk • Citizens Advice Bureau 1 Quay Street, Bristol BS1 2JL For Telephone Advice call 0844 4994718 • Just Ask – UBU Advice & Representation Just Ask Office – Student Union Information Point – Tyndall Avenue Tel: 0117 33 13511/541 Email: ubu-justask@bristol.ac.uk

47. THANK YOU for listening!