1 Housing: The basics What you need to know for your year in office

2 Session objectives: - To understand some of the keydevelopments in housing policy over recent years - To be able to identify some of the main issues affecting students and what some of the potential solutions might be

3 A potted history of housingTenancy law Housing Act 1988 (England and Wales): Set out terms of Assured Shorthold Tenancy (AST) Renting Homes Act Changing contract types Housing (Scotland) Act 1988 Short Assured Tenancy Property standards Housing Act 2004 (England and Wales): Housing Health and Safety Rating System (HHSRS) Housing (Scotland) Acts 1969, 1987, 2001, 2006 Tolerable Standard

4 A potted history of housingLicensing HMO licensing came into force in 2006 in England and Wales HMO licensing operating in Scotland from 2000 Landlord registration Introduced in 2004 in Scotland Tenancy deposit protection Introduced in 2007 in England and Wales Introduced in 2011 in Scotland Introduced in 2013 in Northern Ireland

5 Housing (Scotland) ActNew PRS Housing Tribunal: provide more efficient, accessible and specialist access to justice for both tenants and landlords. Local Authorities will also be given new discretionary powers to make application to the Private Rented Housing Panel with regards to the Repairing Standard. New discretionary powers for local authorities to tackle poor standards of owner occupied and privately rented housing.  New Letting Agents register and statutory code of practice, including dispute resolution. Electrical safety and Carbon Monoxide detectors

6 Tenants’ rights - AST Quiet enjoyment of the propertyStaying in your tenancy (i.e. not being evicted illegally!) To have certain repairs completed for you To be provided with evidence that the property meets certain safety standards For your landlord to accept your rent, and stick to your agreement of how much is to be paid and when To have your deposit protected in an approved government scheme To a name and address for your landlord

7 Tenants’ responsibilities - ASTNot leaving your home Keeping up to date with your rent Paying the bills Taking care of the place Not causing a nuisance Being responsible for your household and visitors Asking permission when it's needed Ending your tenancy properly Giving your landlord access when necessary

8 Housing Health and Safety Rating System (HHSRS)/Tolerable StandardWhat is it? A system for local authorities to assess the physical state of a property What does it mean? Local authorities have powered to enforce against landlords whose properties are found to contain hazards. Scotland – tolerable standard, LAs have duty to act if not met. Repairing standard – if not met, can report to private rented housing panel. NB. Also used in Northern Ireland and similar in Scotland

9 What is covered? Damp or mould Noise Fire (electrical and gas)Excess heat/cold Hygiene Food safety Crowding & space Carbon monoxide Structural issues

10 HMOs Definition: A property that is rented to three or more people (who aren’t related to one another) In England and Wales A large HMO is a property rented to five or more people and of three or more storeys It must meet both of these criteria to be considered a ‘large HMO’ ‘Small HMOs’ are those which are smaller in number of residents or storeys or both Two types of licensing are used in relation to HMOs: Mandatory Discretionary

11 Mandatory licensing In Scotland a landlord must obtain a license for any HMO, in England and Wales, only for large HMOs This should ensure it meets certain conditions including: Suitability of property for number of residents Adequate facilities for number of residents e.g. toilets, bathrooms and cooking facilities Landlord considered ‘fit and proper’ person Proper management arrangements Operating without a license is a criminal offence, subject to large fines If a landlord breaches or fails to comply with a condition of the license, they can also be fined

12 Discretionary licensing (E&W)Local authorities can apply for the right to require licenses for other properties: Selective licensing (most properties except large HMOs) Additional licensing (HMOs only, layered over mandatory) Both require consultation and entail charging fees to the landlord Selective is for areas with low demand or significant anti-social behaviour problems Additional is usually when there is concern about standards of management for HMOs Costs will always be passed to the tenant – sometimes difficult to establish whether benefits outweigh cost

13 Tenancy Deposit ProtectionBrought in in England and Wales in 2007 and amended in Brought in in Scotland in 2012 and in Northern Ireland last year. Deposits in most standard tenancies now need to be protected by landlords or agents within 30 days of receiving it If they don’t, they can face a fine of up to three times the deposit which is paid to the tenant A number of schemes operate in each country There will usually be online portals where students can check if their deposit is protected

14 Codes of practice (UK wide)

15 Codes of practice (UK wide)Accreditation schemes for purpose-built student accommodation which exempt them from the requirements of the Housing Act Three codes in operation: UUK ANUK x 2 Cover a number of management issues – health, safety, environmental, security, student support, equality and diversity etc. Students in halls are licensees rather than tenants Accountability mechanisms for students and NUS are represented in governance structures of all codes

16 Planning legislation (England only)Planning departments have powers that enable them to plan strategically for housing demand within their area of jurisdiction Article 4 Directions are one mechanism which local authorities can now use This enables them to require landlords to apply for planning permission to ‘change the use’ of their property to make it an HMO Normally will be applied in conjunction with a quota or maximum ceiling for numbers of HMOs in a given area Can cause significant issues for the supply of shared housing in some cities

17 So what are the issues for students?Over to you: Five minutes to discuss what you feel are the key housing issues your students face in relation to housing

18 Poor property standardsProperties often substandard at time of letting and landlords/agents are reluctant to complete repairs Students often blamed for condition of property – particularly with mould and damp Properties are often badly insulated and students live in fuel poverty Can have a significant impact on studies Local authorities are often cutting back on enforcement activity due to budget cuts They may resort to additional licensing, though it is sometimes debatable whether this has a tangible impact

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20 Accreditation A way of providing a ‘kitemark’ for landlords and properties that meet particular standards Helps enable students to make informed choices Important that they are robust – involve verification visits and mechanisms for accountability Can work well as a collaboration between SU, institution and local authority Can operate locally or nationally – Unipol/AfS Code Accreditation handbook due for release shortly

21 Rate Your Landlord surveysA way of driving up standards by encouraging competition among landlords Can use to get other parties on board by obtaining evidence base Top tips: Be positive! Avoid libel! Direct findings in multiple directions

22 Promoting greater enforcementAddresses issues at lower end of the sector Many landlords currently get away with illegal activity because there is little enforcement In England, can utilise Shelter campaign to encourage local authorities to commit to more stringent enforcement activities Can check whether your local authority has signed up and lobby them to act In the long term, may need greater regulation and funding In the long term

23 High housing costs NUS research last year found that over half of students regularly worried about meeting basic living costs Students with higher end rental costs were much more likely to turn to high risk debt that those paying lower rents In purpose-built accommodation, costs have doubled in the past ten years

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25 Accommodation Costs Survey

26 Accommodation costs: Avenues to exploreIncreasing housing supply Greater affordable housing requirements Rent control Local lobbying – institutions, private providers

27 Anti-student sentiment

28 Studentification: changing the narrativeEquip yourself with evidence Listen to the arguments made and be patient Show willing to engage positively with the community Promote the contribution students make Make use of localism agenda

29 Tenant exploitation Some students are unaware of their rights:e.g. tenancy deposit protection In some cases, students have very few rights: e.g. letting agent fees, security or tenure Students often rushed to sign contracts

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31 Tenant exploitation: local approachesInform, inform, inform: Housing fairs, talks, online content, social media Use research to equip students with information on local housing market Encourage students not to panic and rush into signing things: try to illustrate the consequences of this Take local action on national campaigns e.g. letting agent fees

32 Tenant exploitation: national approachesNUS regularly lobbies government for greater protection for tenants Our research ‘Homes Fit for Study’ equips us with an evidence base to do this We work with other organisations such as Shelter, Which? and Generation Rent to put the tenant at the heart of policy-making and build power We support students’ unions to develop their work on housing with ‘Housing How To’ a series of single issue briefings We will be delivering the tenant activist training programme this year We work with Unipol to deliver housing training to new officers

33 Thank you! Questions

34 NUS/Unipol training Still spaces available in our training from the 2nd to 4th of September in Leeds Visit the Unipol website to register

35 Keep in touch For those of you looking to work on housing issues this year, feel free to get in touch for support at any point: Jo Goodman