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H04 - Landlords Code of Practice

A. I declare that I will abide by the Accredited Landlords in Somerset's following Code of Practice:

 

 

1.

I will not refuse a tenant a reference for the purposes of securing a new tenancy, without good cause.

2

Subject to any statute and/or separate agreements and unless I have good legal cause, I will return promptly at the end of the tenancy, and deposit paid by the tenant, which is held by me or on my behalf. If required, a written statement accounting for and explaining any deductions will be provided. The tenant will also be told of the steps they can take if they are not satisfied that the deductions are fair and reasonable.

3

I will not cause harassment to a tenant or instruct or undertake any action that involves the tenant being illegally evicted or harassed.

4

Before proceedings are commenced, I will notify the tenant in writing of any breach of the tenancy agreement that is to be used as a basis for legal proceedings against the tenant.

5.

I will acknowledge promptly all written communications received from the tenant and will respond appropriately to telephone or other verbal messages and will, when so requested, provide the tenant with a written statement of their tenancy account.

6.

I will provide tenants with a written statement of terms of their occupancy (a tenancy agreement), together with a current inventory, a contact telephone number or other means of contacting the landlord or their agent in an emergency, and details of what conditions are attached to the deposit or bond.

7.

I will, emergencies excepted, give the tenant reasonable notice (at least 24 hours and in writing, stating reasons) when access to the property is required by the landlord, contractor or agent.

8.

 I will not discriminate in my dealings with prospective and/or existing tenants or treat them less favourably than others because of their colour, creed, ethnic or national origin, disability, age, sex, marital status, sexuality, politics or their responsibility for dependants;

9.

I will always act in a fair, honest and reasonable way in all my dealings with tenants and will respect their rights to peaceful and quiet enjoyment of the property.

The landlord will take all reasonable steps to ensure that the tenant is provided with accommodation that complies with relevant legal requirements, in particular:

  
10.I will not act in such a manner that brings the Accredited Landlords in Somerset Scheme into disrepute.
11.I will take steps to maintain and improve my knowledge of current relevant legislation and good practice.
12.I will not advertise or claim any property as belonging to any person or organisation accredited under the AliS unless the responsible local authority's private sector housing team has been notified in writing that the property is (or is to be) rented out to tenants.
13.Subject to statutes, I shall hold all relevant safety certificates in respect of gas installation and appliances in the accommodation provided for letting which are my responsibility, and copies of these will be provided for letting which are my responsibility, and copies of these will be provided to the tenant. Where automatic fire detection or emergency lighting is a requirement, I shall ensure that installations are properly serviced by a competent person in accordance with the relevant British Standards.
14.Subject to statutory rights of appeals, I will comply with all statutory notices served by a local authority.

15.

All disrepair or defects in the property for which I am responsible will be attended to promptly with a minimum disturbance to the tenant.
16.Landlords will prepare an improvement plan if the property does not fall below the current minimum standards. The improvement plan will set out how, and within what period, improvement will take place. Any local authority having reason to inspect such a property, whilst fulfilling their statutory functions, may request this plan.
17.I will take all reasonable steps to ensure all accommodation I provide will not fall below the current minimum legal standards for habitation. That is in a reasonable state of repair, has adequate fire safety and amenities and meets basic standards of management.

All reference to an individual in this Code will apply equally to relevant Directors, Partners and/or employees of a Company or business accredited under this scheme.

Fit and proper person

B. I declare that I am a fit and proper person to be accredited in that neither I, nor any person associated or formerly associated with me, in particular have not been convicted of:

  

a.

a judgement which led to civil or criminal proceedings being made against you in relation to housing, public health, environmental health or landlord and tenant law.
b.any unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying out of any business.
c.any offence involving fraud or other dishonesty, or violence or drugs or any offence listed in Schedule 3 of the Sexual Offences Act 2003(a).

And that during the last 3 years neither I, nor any person associated or formerly associated with me, have:

d.been declared bankrupt within the last 5 years.
e.been in control of any property on which the local authority has carried out work in default.
f.been in control of any property that has been the subject of any proceedings by a local authority (such as breaches of the Environmental Protection Act, planning control of compulsory purchase proceedings.)
g.been in control of any property, which has been the subject of an interim or final management order under the Housing Act 2004.
h.been found by a local authority to have acted otherwise than in accordance with any Code of Practice approved under Section 233 of the Housing Act 2004.

i.

been found to have breached a condition on a licence for any property in relation to HMO.

j.been refused a licence under the Housing Act 2004 under part 2 or 3 of the Act; or had a licence revoked for any property in relation to HMO, additional or selective licensing.
k.been in control of any property subject to a control order under S379 of the Housing Act 1985; or had any appropriate enforcement as detailed in Section 5 of the Housing Act 2004.

Declaration

I/We undertake to abide by the code of practice and to supply the Local Authority with any information required, in connection with the accredited properties.

I/We agree that the Council may withdraw accreditation and remove the Certificate of Accreditation from the property concerned if any of the conditions provided in connection with this declaration are breached.

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