SILVER CHARTER

1 Landlords will do all that the law expects, in full and in good time.

                                                                               (See Bronze Charter for details)

2. Landlords will always act in a fair, honest and reasonable way in all their dealings with the tenant.

                                                                               (See Bronze Charter for details)

In addition to these two principles, which form the foundation of our Charters, there are four further principles to fulfil for the Silver or Gold Charters:

  • Security
  • Reasonable rents and costs
  • Quality of the property
  • Positive tenancy endings

SILVER CHARTER PRINCIPLES

Note: Alternative ways can be agreed with ELA to fulfil the four Charter Principles.

1 Providing security

  • After the initial six or twelve months of the tenancy has ended successfully, the landlord will give the tenant the choice of a further fixed term tenancy for security, or a ‘periodic tenancy’ for flexibility.
  • Tenants will not be evicted without acceptable reason – see list below based on Scottish law.

2. Keeping rents and additional costs to a reasonable level

Landlords commit to charging rents which are as reasonable as their financial situation allows – aware of the effect high rents have on tenant’s lives.

  • Tenancy agreements will give clear and full information about the responsibilities of both landlord and the tenant, and of any restrictions.
  • Tenants will be given a free copy of a detailed inventory, with photographs, signed and agreed by both landlord and tenant, within 5 working days of the start of the tenancy.
  • The deposit required will not be more than the equivalent of one month’s rent.
  • Deposits will be returned as quickly as possible (usually within 5 working days) when the tenant moves out – less any deductions covered in the tenancy agreement, with realistic allowance for fair wear and tear.
  • Rent will not be increased more than once a year.
  • Two months’ notice will be given of any increase in rent.
  • Landlords in England and Wales commit to not using Letting Agents who charge unfair fees to tenants and will not charge any fees to tenants themselves.

PLUS! SILVER CHARTER with DIAMOND STATUS 

If the rent is maintained at 80% or less than the market rent for that property, then a Diamond will be added to the Silver Charter.

3. Providing decent and energy efficient properties

  • A Decent Home (using the Decent Home Standard as a guide)
    • Free from Health & Safety Hazards
    • In a good state of repair
    • Reasonably modern facilities and services
    • Providing a reasonable degree of thermal comfort
  • Any repairs will be carried out promptly – see Repair Timescales.
  • Electrical wiring and any appliances provided will be in a safe, operational condition, free from breakages and defects, and securely fitted.
  • A check on the electrical installation will be carried out at least every five years by a qualified electrician and a copy of their report provided to the tenant.
  • The property will be reasonably secure from entry by intruders, with suitable locks on all doors and windows accessible from outside.
  • Regular checks will be made on health & safety, including fire safety.

4. Working for positive tenancy endings

  • The landlord will try to resolve disagreements with tenants informally before taking legal action.
  • Before starting court action the tenant will be told of any breach of the tenancy agreement which is being used as a basis for legal proceedings.
  • The landlord will not refuse a tenant a reference for the purpose of securing a new tenancy, without good cause.

Repair Timescales once a fault has been reported

Emergency Repairs

Defined as affecting health or safety, eg major electrical fault, blocked WC.  Repair carried out within 24 hours

Urgent Repairs

Defined as affecting material comfort, eg hot water, heating, fridge failure, serious roof leak.  Repairs carried out within 5 working days

Non Urgent Repairs

Anything that does not fall into the two former categories that do not affect health and safety or material comfort. Repairs carried out in 20 working days.

 

Acceptable Reasons to end a Tenancy

Tenants Conduct

  • Tenant is not occupying the property
  • Tenant has breached the tenancy agreement
  • Rent is in arrears or often late
  • Tenant has a relevant criminal conviction
  • Tenant displays relevant anti-social behaviour

Where the property is required for another purpose

  • Landlord intends to sell or refurbish
  • Property is to be sold by the lender
  • Landlord or family member to live there
  • Property is to be used for non-residential purpose

Where there has been a change in the tenant’s status

  • Tenant is no longer an employee of landlord
  • Tenant is no longer a student & property is purpose-built student accommodation

Tenancy cannot legally continue

  • Landlord’s registration ceased
  • Landlord’s HMO licence revoked
  • Landlord has been issued with an over-crowding notice