Tenants Guide

If you would like to register your interest in a property please please contact our Lettings Department on 01432 357128.

1. INTRODUCTION

Properties under management owned by a private landlord are, in the large majority of cases, either the landlord’s own private residence or have been purchased specifically as an investment for the rental market. Private landlords are generally seeking tenants for anything from a period of 6 months to several years, at the end of which they either return to occupy their home or place the property on the market. Investment landlords are hoping to achieve continuous tenanting of their properties, either with a succession of shorter tenancies or one long period of occupation.

In each case, the owner/landlord will have instructed us to act on their behalf in their absence and to seek suitable tenants who will enjoy a mutually satisfactory occupancy of their property.

We would take this opportunity, therefore, of providing you with guidance notes relating to a proposed tenancy.

2. GETTING STARTED

Having viewed the property and arrived at a decision to make an application to rent we require all applicants to complete a referencing form, which will then be processed to verify the information provided. You will need to pay a Holding Fee of one week’s rent when an application is submitted. This is to reserve a property. Please note: This will be withheld if any relevant person (including any guarantor(s) withdraw from the tenancy, fail a Right-to-Rent check, provide materially significant false or misleading information, or fail to sign their tenancy agreement (and/or Deed of Guarantee) within 15 calendar days (or other Deadline for Agreement as mutually agreed in writing).

The submission of the referencing application is no guarantee of tenancy. A final decision as to whether or not a tenancy can proceed will depend on responses received and will be made in consultation with the landlord.

You will be required to provide personal details ranging from name and address to occupation and salary. You will be asked to provide financial and employer information, and character referees. We can only agree to a tenancy subject to satisfactory replies from those referees. Our investigations will also include a search of the credit registers to establish your financial credibility and contacting your previous landlord/agent if you were previously a tenant. These are routine procedures taken to protect all parties.

Should you have County Court Judgements registered against you it may prove impossible to grant you a tenancy, unless satisfactory evidence of the clearance of debt is produced prior to the commencement of the tenancy.

Should you be unable to provide satisfactory references or credit checks you may still be offered a tenancy subject to a satisfactory guarantor being provided. The guarantor will need to provide satisfactory references and credit checks and will be expected to sign a form to guarantee your legal commitments in the tenancy, including payment of rent.

Given satisfactory replies to enquiries you will be offered the tenancy of the property, subject only to the terms of the tenancy agreement, the payment of the deposit, the agreed advanced rent and the landlord’s agreement that the tenancy can proceed.

IDENTIFICATION. To support your application you will need to provide two forms of identification. These could be a birth certificate, full driving licence, full 10-year passport, ID card or new style national insurance card and a recent utility bill from your current address.

3. DEPOSITS AND RENT

A security deposit is required for all tenancies and usually amounts to 5 weeks rent. This deposit is in addition to the advanced rent payment required. In compliance with legislation, deposits will be protected under the My Deposits Scheme. Advance Rent and Deposit must be paid by bank transfer.

The deposit acts as security for the performance of your obligations as a tenant under the tenancy agreement. This deposit will be returned to you at the end of the tenancy term without interest and subject to a deduction for damage or any other deductions that may be necessary to compensate the landlord for any breach of the tenancy agreement. The same security deposit is required from Housing Benefit Tenants. Should the property be covered by the Bond Board and you wish to apply for a Bond, we MUST have confirmation in writing that this has been agreed, before the tenancy can commence.

4. DEDUCTIONS FROM THE DEPOSIT

Should we need to replace items on the inventory or clean the house or any part of it at the end of the tenancy, or if there has been breach of the tenancy agreement, the return of your deposit will be delayed until all items are valued and replaced/cleaned. In any case we will aim to return your deposit within 28 working days.

Damage and breakage of the landlord’s fixtures, fittings and effects, lost inventory items, etc, which occur during the period of the tenancy will incur deductions from your deposit. It is important, therefore, that you look after the property during the tenancy and take the utmost care to inspect the property and its fixtures and fittings at the outset. An inventory/schedule of condition will be prepared prior to occupation and must be agreed by you at the outset.

This inventory/schedule of condition will then form the basis of assessment of the property’s condition at the end of the tenancy term. Fair wear and tear will obviously be taken into consideration. Damages that occur will be charged to your account, as will invoices from contractors employed to undertake necessary repairs or replace any items.

5. PAYMENT OF UTILITIES/COUNCIL TAX

You are responsible for the payment of all utilities (gas, water, electricity, etc) during the tenancy and for the payment of final bills.

You are required by law to inform the Council Tax Registrar of your change of address and pay the appropriate council tax.

6. LEGAL NOTICES AND TENANCY AGREEMENT

Before you sign for a tenancy you will be given a copy of the tenancy agreement and any appropriate notices. Read these carefully and ask us questions if you are unsure of any point.

During the tenancy term you have the right to enjoy the property without interruption provided that you abide by the terms and conditions of the tenancy agreement. However, we have an obligation under our contract with the landlord to inspect the property at regular intervals. We undertake to do this at approximately 3 monthly intervals, but at more frequent intervals if deemed necessary. We will write to you to make a mutually convenient arrangement prior to such an appointment.

7. INSPECTIONS

Inspection of the premises is primarily undertaken to ensure that you, as the tenant, are in all respects observing the conditions of the tenancy agreement, although this is not the only consideration of management. It further allows the opportunity for you to discuss with us any problem that might be experienced relating to the property and for us to consider repairs/decorations etc before they become a major concern. If however you experience any problems of maintenance or repair, please notify us immediately in order that appropriate action can be taken. We have a number of trades people available to ensure that delays are minimised.

8. STAMP DUTY

For exceptionally high rental values, under the Stamp Act 1891, there may be a liability on the tenant to have the agreement stamped. In these cases the tenant is advised to seek independent advice.

9. RENT

Rent should be paid to us by the due date each month. The preferred method of payment is by Standing Order, which should be set up 3 days in advance of the due date to allow for clearance through the banking system.

Where there are a number of occupiers sharing accommodation each person is jointly and severally liable to pay the rent as tenant, and will pay the rent as a whole. Each tenant is jointly and severally responsible for the whole rent so that they are equally liable for the non-payment of rent by one of their co-tenants, should they fail to pay.

10. END OF TERM

Preparations should be made to hand the property back to us on the due date. Arrange readings of meters and ensure that the authorities have your forwarding address for the payment of all invoices raised. In no circumstances should you allow the authorities to disconnect supplies. The authorities should be informed that the managing agent will contact them when the property is handed over and provide details of the new account holder. This may be the owner or a new tenant.

Inventory items should be placed in their respective rooms to facilitate easy checking on handing over. Read carefully the inventory/schedule of condition, clean curtains, carpets, etc, and generally prepare the property for the final inspection. Liaise with us and arrange a convenient time for handing over the premises. We can advise of local trades people who will carry out all cleaning/preparation at a competitive rate.

Once checking has been completed and deductions from your deposit agreed (if any), the deposit or balance of deposit will be returned to you.

11. SUMMARY

These notes are intended to provide only a summary to assist you to understand the obligations undertaken when you wish to rent a property from a private landlord. It is not the intention to give an authoritative interpretation of the law. We hope that you have found them useful.

Please do not hesitate to call, visit or email us at any stage prior to or during your tenancy if you wish to clarify any details.

If you would like to register your interest in a property please register with us on our home page.

12. Emergency Contact

Tenants Emergency Contact Number 07813 095162.

Permitted payments and tenant protection information

Permitted payments

For properties in England, the Tenant Fees Act 2019 means that in addition to rent, lettings agents can only charge tenants (or anyone acting on the tenant’s behalf) the following permitted payments:

Deposits (a maximum deposit of 5 weeks’ rent for annual rent below £50,000, or 6 weeks’ rent for annual rental of £50,000 and above);
Payments to change a tenancy agreement eg. change of sharer (capped at £50 or, if higher, any reasonable costs);
Payments associated with early termination of a tenancy (capped at the landlord’s loss or the agent’s reasonably incurred costs);
Utilities, communication services (eg. telephone, broadband), TV licence and council tax;
Interest payments for the late payment of rent (up to 3% above Bank of England’s annual percentage rate);
Reasonable costs for replacement of lost keys or other security devices;
Contractual damages in the event of the tenant’s default of a tenancy agreement; and
Any other permitted payments under the Tenant Fees Act 2019.