Tenants Guide to Renting Property
If you are currently seeking a property to rent, check out our property listings page. If you have seen a property that you would like to view you can use the contact form on each of the individual property details pages to arrange a viewing or make an enquiry, or alternatively, you can give us a call.
If you have a specific type of property in mind we can take details of your requirements and contact you should a suitable property become available.
Once you have viewed a property and decided to proceed with the letting we will start the process of arranging the tenancy agreement, deposits, references etc...
Tenant Fee Act 2019
As from 1st June 2019 Letting Agents / Landlords will be prohibited from charging prospective Tenants any fees to rent a property, other than those deemed Default Acceptable Fees permitted within the Act.
Acceptable Fees:
1 months Rent in advance.
Security Deposit capped at a maximum equivalent to 5 weeks Rent. where rent is below £50000.00 per annum(Example: 1 months rent x 12 months divided by 52 weeks x 5 weeks = Deposit amount).
When an agent has taken 6 week deposit previously before TFA2019 will be allowed until the end of that tenancy. However, once it is renewed, the difference will have to be refunded. Statutory or periodic tenancies will be considered as an extension of the original tenancy.
The Letting Agent/Landlord will not be able to charge Tenants a separate deposit for having a Pet/s at the property. However, Letting Agents/ Landlords can charge an increased rent provided it is stipulated in the property advert that an increased rent will apply if the tenant has pets.
Pest control costs cannot be charged during the tenancy but they can be recovered from the Security Deposit.
Where a Letting Agent/Landlord has taken a 6 week deposit previously before Tenant Fee Act 2019 will be allowed until the end of that tenancy. However, if the Tenancy is renewed, the difference will have to be refunded. Statutory or periodic tenancies will be considered as an extension of the original tenancy.
Holding Deposit
To proceed with an application to rent a property a Holding Deposit will be required. The amount of Deposit will be equivalent to 1 weeks rent of the property.
Calculation 1 months rent x 12 months divided by 52 weeks (Example. Rent £700.00 per month rent x 12 = £8400.00 divided by 52 = £161.54 Deposit)
After the successful completion of referencing each applicant over the age of 18 who will reside in the property the Deposit will be deducted from the first months Rent payment.
The Holding Deposit reserves the property for up to 15 days during which time the Tenancy Agreement should commence. However, if the applicants and Letting Agent agree to a time extension in writing the 15 days can be extended until the Tenancy Agreement is signed.
If the applicants do not proceed with a Tenancy of the property, the deposit may be withheld. Reasons for withholding holding deposit:
- If the tenant withdraws from the Tenancy process.
- If the applicant/s fails the Right to Rent checks
- If the applicant/s provide/s false or misleading statement (lying about earnings or CCJs etc)
- Missed agreement deadline (15 days - can be extended by mutual agreement) caused by tenant or their referees
The Letting Agent must give reasons in writing within 7 days as to why the Holding Deposit has been withheld.
If the applicant/s fail referencing after declaring proveable facts or the Letting Agent/Landlord withdraw from continuing with the proposed Tenants application the Holding Deposit will be returned to the applicant/s.
If the applicants withdraws after requesting changes to the terms of the Holding Deposit and/or Tenancy Agreement the Holding Deposit will bot be returned. The applicants will be made aware prior to handing over a Holding Deposit that the Letting Agents terms and claused of the Tenancy Agreement are standard and will not be changed.
The Letting Agent will only accept one Holding Deposit from an applicant/s on a property at a time.
References
Before commencing with the tenancy we will need to obtain satisfactory references from your employer and/or a previous or current landlord. There may also be instances when we require a personal reference or guarantor. We may also use the services of an independent referencing agency to obtain and evaluate these references. Personal & photographic identification may also be required, such as a passport or driving licence.
The Tenancy Agreement
Once the proposed Tenants have agreed to the standard Tenancy Agremeent and satisfactory references have been received, the relevant documentation will be drafted in preparation to be signed by the proposed Tenant/s you and the Letting Agent on behalf of the landlord.
Inventory & Schedule of Condition
Before the start of the tenancy, an inventory is prepared detailing the contents and condition of the property. You will be provided with a copy and so will the landlord.
Deposit & Rent
Prior to the commencing of the tenancy, we will require a deposit and the first rental payment, a month in advance. Your deposit will be treated under the tenancy deposit protection scheme (DPS), which is a scheme accredited by the Government.
As part of the Housing Act 2004 the Government has introduced tenancy deposit protection for all assured shorthold tenancies (ASTs) in England and Wales where a deposit is taken. From April 6th 2007, all deposits paid under an AST have had to be protected within 30 calendar days of receipt by the Letting Agent/landlord.
How the DPS Scheme works?
- The tenant pays the landlord or letting agent their deposit.
- The letting agent/landlord pays the money in to the DPS scheme within 30 days of receiving it.
- Upon receipt of the deposit, the DPS provides confirmation and details of the protection scheme to the letting agent/landlord and tenant.
- When the tenancy comes to an end, the letting agent/landlord and tenant agree repayment of the deposit including any interest accrued, usually within 10 days.
- In the case of any dispute, The DPS return any undisputed monies plus interest to the relevant party, but hold the disputed portion until the Alternative Dispute Resolution Service (ADR) or courts decide what is fair.
Your deposit cannot be used to pay your rent.
When can I move in?
Once the tenancy has been signed and rents & deposits have cleared, the tenancy can proceed. All the named Tenants on the Tenancy Agreement will then be asked to sign the Tenancy Agreement and all associated paperwork after which the keys will be released to your new home.
Can I have pets in my new home?
The Tenant Fee Act 2019 prohibits the taking of an additional deposit if the prospective Tenants have a Pet/s. The Tenants must reveal that they have a Pet/s and tell the Letting Agent/Landlord during the application stage and not after the reference process has commenced. The Landlord must give you written consent to have a pet or pets in the property. If the Landlord gives consent for a Pet/s at the property the Letting Agent/Landlord CAN charge an increased monthly rent provided it is stipulated in the property advert that an increased rent will apply if the tenant has pets.
What if I find any faults or repairs that need addressing?
If you find any problems with the property you are renting, you should contact us immediately. Once we have been informed of any issues/faults we will instruct the landlord and await their instruction.
Can I decorate the property?
You must consult us prior to carrying out any changes to the property. We will contact the landlord and await his permission.
Do I have to pay for Council Tax & Utility Bills?
As a tenant you will be responsible for any utility bills like water, gas, electric as well as council tax, unless there is a special arrangement with the landlord of the property. You will also be responsible for a TV license at the property, if you watch TV without a license you risk being fined. Please check the tenancy agreement details.
Do I need insurance, as a tenant?
The landlord of the property is responsible for insuring the building and any furnishings that come with it. IT IS RECOMMENDED. You will be responsible for insuring your own contents/personal possessions stored within the rented property. Should you damage or destroy any fixtures and fittings belonging to the Landlord and you are uninsured, the Landlord reserves the right to obtain repayment of the damages from the tenant/s.
Can I run a business from the property I rent?
No. You must use the property solely for residential purposes.
As a tenant, what am I responsible for?
As a tenant, you are responsible for:
- Prompt payment of the rent
- Prompt payment of gas, telephone, electricity, council tax
- Reporting any damages to the property or furnishings within the property as soon as possible
- Taking general good care of the property
- Respect the needs of your neighbours
Pest control can come out of security deposit but cannot be charged as an admin fee to tenants during the tenancy.
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Default Fees
Can tenants be charged for call out for a repair caused by a tenant? No. But can be deducted from deposit provided it's stated in deposit clause. Landlords can make damages claim via court.
Fee schedule must be displayed, as usual in office and on website, but from 1st June MUST also be included on 3rd party websites (a link to the fees should be fine). Any fees not published clearly will breach Consumer Protection Regs 2015
2 Fee schedules required, one for prior to fee ban for existing tenancies. One for after TFA2019. A 3rd fee schedule will also be required for Assured tenancies
Tenancy changeover can be charged at £50 or higher if reasonable costs can be proven to be higher, this may include the agent's time (as with any reasonable charge, including contractor time - more guidance needed from government).
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Only Assured Shorthold Tenancies and Licenses to Occupy fall under the TFA2019 - If annual rent is more than £100k per annum, it is no longer an AST - it's a premium let and TFA2019 doesn't apply.
Company lets are exempt from TFA2019. The company will not be allowed to charge tenants fees if they issue a license to occupy or tenancy agreement to their members of staff moving into the property.
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Transition Period - 12 months from 1st June 2019 to bring all current tenancies (set up prior to 1/6/19) up to standards of TFA2019
Ban is not retrospective and only applies to new tenancies set up after 1st June 2019 and renewals after this date.
Periodic tenancies classed as continuation of existing tenancies. But fees will only be chargeable if they're written into the tenancy agreement. However, agent can form a separate agreement between tenant and agent before TFA2019 and they will still apply as though they were in the tenancy agreement.
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