Landlord accreditation scheme terms of reference
Terms of Reference
Stockton-on-Tees Borough Council's Responsibilities
- actively promote the Landlords Accreditation Scheme
- assist landlords to achieve accreditation status by offering advice on statutory requirements, property maintenance and repairs
- commit to working in close partnership with landlords, tenants, local landlord associations, the Police, Fire Brigade and other key private rented sector stakeholders to achieve a vibrant private rented sector that is professionally managed and offers decent homes
- provide incentives to encourage landlords to join the scheme
- provide relevant information, including changes and likely pending changes in legislation by such means as landlord forums, email bulletins and local landlord associations
- maintain a database of accredited landlords and properties covered by the scheme
- consult with accreditation scheme stakeholders and act positively on feedback
- administer and monitor the scheme including undertaking property inspections, consulting with stakeholders and checking the validity of relevant certificates
- be responsible for the issue, administration, suspension and revocation of accredited status
- on receipt of a completed application, ensure as far as reasonably practicable, that the landlord is responsible, competent and suitable to be a member of the Scheme
Accredited Landlord's Responsibilities
- be committed to partnership working and work with Stockton-on-Tees Borough Council, (SBC) tenants, the Police, Fire Brigade, the UK Border Agency and other key stakeholders to achieve the aims of the Scheme
- provide requested information for joining the scheme, including a full list of all properties that they own or manage in the Borough of Stockton-on-Tees in a timely manner
- assist with access to properties to carry out inspections
- have a written complaints procedure for tenants. Guidelines on how to set up a complaints procedure are available from the PSHAO
- inform tenants, in writing, or as part of their tenancy agreement, of the responsibilities imposed on them by the Gas Safety (Installation and Use) Act 1998
- advise the tenants that they should take out their own contents insurance
- agree that as a landlord who owns properties bound by a tenancy agreement to manage the risk associated with asbestos and protect occupants and contractors visiting the property to carry out repairs all in accordance with the Control of Asbestos Regulations 2012
- working with the Council to address incidents of any illegal/criminal and anti-social behaviour, associated with your tenant/s and or property
- working with the Council on future private sector improvement initiatives
- ensure that all their properties meet the Stockton Rental Standard* and seeking support from the Private Sector Housing Team if you have any queries about your obligations as a private landlord
Stockton Rental Standard
Landlords must ensure that their properties provide a safe and healthy environment for any potential occupier or visitor. This includes, but is not limited to ensuring that the property is:
- free from damp and has adequate natural or mechanical ventilation where necessary to control moisture levels.
- provided with adequate thermal insulation and a suitable and effective means of space heating so that the dwelling space can be economically maintained at a reasonable temperature
- free from hazards and provides a safe and secure home for your tenants
More information is available on the government website
Landlords must ensure that the property has adequate fire detection and where a gas or solid fuel appliance is present, adequate carbon monoxide detection
Landlords must ensure that prescribed electrical safety standards are met and that every fixed electrical installation is inspected and tested (by a qualified person) at least once every five years. For further information visit the Electrical safety standards in the private rented sector Gov.uk guide.
Any furnished properties must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
All properties should be provided in a clean decorative condition at the start of each tenancy.
Landlords should ensure that all gardens are in a clean and tidy state at the start of each tenancy.
Landlords must comply with all relevant housing legislation and regulations, including but not limited to the following:
- an annual gas safety inspection must be carried out in properties with gas installations. More information is available on the Landlords' responsibility for gas safety HSE webpage.
- the property must have an Energy Performance Certificate; the rating should be "E" or better
- any deposits taken must be protected under a government approved scheme.
- correct legal procedures for possession must be followed in all cases.
- tenants should be provided with a written tenancy agreement and written inventory at the start of a new tenancy. Model forms are available on the government website.
- landlords must respond to any reported repairs in a timely and professional manner
- landlords must give at least 24 hours written notice for access in all cases except where access is required in a genuine emergency
- landlords should try to minimise void periods or when this is unavoidable are encouraged to contact the Private Sector Housing's Empty Homes Team for advice and assistance
- landlords should always act in a fair, reasonable and professional manner in their dealings with tenants. You must not discriminate because of colour, ethnicity, disability, age, sex, or sexuality
Finally, landlords are reminded that safeguarding of children and vulnerable adults is everyone's responsibility. Should you ever have any concerns regarding the health or well-being of a child or vulnerable adult please contact the Councils First Contact Team on 01642 527764 for advice and support.
Disciplinary matters and complaints
Whilst we will seek to resolve any complaints made against accredited landlords informally, any alleged breaches of the requirements of the Scheme will be investigated by the PSHAO, who will consider the nature of the breaches, any representations of the landlord, tenants and any other relevant parties and decide, if necessary, on any appropriate sanction.
Landlords who lose their accredited status following the decision of the PSHAO will be entitled to make an appeal against the decision to Stockton-on-Tees Borough Council's Team Manager, Private Sector Housing. The appeal must be made in writing and will be considered and responded to within 21 days.
Similarly landlords wishing to make a formal complaint about the operation of the scheme can write to the Team Manager, Private Sector Housing. If the landlord is not satisfied with the outcome they may also consider utilising the Council's "Commendations, Comments & Complaints" Procedure.
Landlords who lose their accredited status will no longer be eligible for any of the benefits of the Scheme.
The PSHAO will consider the reinstatement of accreditation status if the landlord is able to demonstrate that following remedial action they are capable of meeting the requirements of the scheme.
Examples of specific breaches include, but are not limited to, the following:
- formal enforcement of statute being taken against a member following a failure to comply with legislative requirements from any appropriate enforcement agency/ organisation
- illegal eviction of tenants
- fraudulent activities such as Housing Benefit fraud
- active discrimination
- failure to apply for a licence when required to do so for a mandatory HMO or additional licensing scheme or selective licensing scheme as the case may be
- criminal convictions that would make the landlord unsuitable to manage properties and tenancies