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July

Tenancy Deposit Scheme

10 July 13

Protection Law in Northern Ireland went live on 1 April 2013.  If you are thinking of renting a house or already are, find out more about tenancy deposit protection and how it affects you:

  • Your landlord or letting agent must comply with new ‘Tenancy Deposit Scheme’ legislation. If you pay your landlord or letting agent a deposit for a private rented tenancy then they must protect it with a government licensed scheme within 14 days. BEFORE you part with any money and/or sign a contract check out DSDNI.  It is jam packed with handy advice.  Benefits for you are against deposits being unfairly held at the end of the tenancy, quick repayment of deposits, free access to an independent dispute resolution service and improved professionalism of the Private Rented Sector.
  • Beware of landlords referring to the deposit as “month’s advance rent.” It doesn’t matter what it is called and they must be protect it. Also if you pay a ‘holding deposit’ this should automatically convert to a ‘Tenancy Deposit’ once you sign the tenancy agreement.
  • A  landlord or agent holding a deposit that has not been secured can be issued a penalty (up to three times the value of the deposit.) You can report a landlord by calling 02890 270431 or emailing envhealth@belfastcity.gov.uk.
  • Moving into a house or flat with more than two people? This means that it MUST by law be a registered H.M.O. (House of Multiple Occupation) – before you pay a deposit and sign a contract check the house is registered by calling NIHE on Tel. 03448 920 900 and ask for the Belfast H.M.O. Office.  Simply give the property address and you’ll be advised if it is registered or not.  If not, think very seriously before signing. Visit NIHE for more details.
  • Check out your rights and responsibilities.
  • Even if you are dealing with an Agent, you MUST by law, be given the landlords full details as well.

Here are some top tips for living away from home:

  • If agreed with your landlord, when student funding is received, pay a lump sum covering the rent until the date your next funding payment is due. If you fail to pay your rent as per the terms of tenancy agreement, you are automatically in breach of your contract. The landlord is then entitled to issue a ‘Notice to Quit’ and may claim the rent due for the entire period covered by the tenancy agreement.
  • Introduce yourself to your neighbours and be respectful about noise levels. Know the conduct regulations which can be found here.
  • The landlord cannot terminate the agreement early unless you agree or are in breach of the agreement. If the landlord seeks to terminate the tenancy early, for whatever reason, you do have statutory rights with regard to notice periods (four weeks if living there less than five years) and the procedures that must be followed. Seek advice from the Students Union Advice Centre.
  • If you fall behind with your rent payments don’t ignore the problem. If the arrears are due to a temporary cash flow problem, let your landlord know the reason sooner rather than later and give the date you will be able to pay the amount due. Pay whatever you can afford rather than nothing. When you are able to commence payments again, calculate an additional sum that you can realistically afford to pay each month to clear any arrears over a reasonable period of time. Agree this with the landlord and stick to it.  If the problem is long term, seek advice from the Students’ Union Advice Centre.
  • Make sure you contact your energy supplier(s) with meter readings as soon as you move in/out so you don’t end up paying the previous/next tenant’s energy bills!
  • Get a TV Licence! Don’t take the risk of not getting one! You could end up with a costly fine and a court appearance.
  • Living away from home can be fun but can sometimes be stressful for others. Check out schemes such as ‘Mind Yer Mate’, ‘Are Ye Well’ and Queen’s Counselling (0808 800 0016)

Don’t forget the Students’ Union Advice Centre is here to help you with any issues you may have!