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Tenants
- The occupiers of a rented property.
Tenancy
- Period that the tenant is renting the property.
Tenancy agreement - A legally binding document outlining an agreement
between landlord and tenant in respect to the property. Also called a
lease.
What is a tenancy agreement? - It is a legally binding document between
you and the landlord, applicable only to you and the property you are
renting, that states the amount of rent, the length of the tenancy, your
rights and responsibilities. Your agreement will most probably be an
Assured or an Assured Shorthold tenancy under the Housing Act 1988. For
bona fide companies and/or rental values over £25000 a year, the
agreement will be drawn up under contract law.
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Assured shorthold tenancy - A tenancy with a minimum term of six months.
What to expect as a tenant - Your rights and responsibilities as a
tenant should be clearly set out in the tenancy agreement. These will
include an undertaking to pay the rent on time and keep the property in
an acceptable state. Read the agreement carefully and raise any queries
with the agent before signing. Your deposit is usually held by the
agent. As the tenant you will be expected to arrange contents insurance
for your own possessions in the property. Unless otherwise stipulated in
the tenancy agreement, you will be expected to pay for utility services
such as gas, electricity, water rates, telephone and TV licence during
the course of the tenancy. You may also need to pay council tax. At the
end of the tenancy, ensure you have fulfilled all the obligations as
stated in the tenancy agreement, otherwise deductions may be made from
your deposit. At this time the agent will conduct an inventory check and
inspect the property. Provided there are no missing items or any damage,
your deposit should be returned to you shortly after the property is
vacated.
Should I have a written tenancy agreement - In England and Wales, most
tenants do not have a right in law to a written tenancy agreement
(contract). However, any decent landlord will have one drawn up, which
should state all terms and agreements between the landlord and tenant.
An agreement should protect the rights of both landlord and tenant and
should include the following details - The names of both landlord and
tenant; the address of the property being let; the date the tenancy
began and its duration; the amount of rent payable, the dates payment is
due, and how often the rent can be increased; whether payments such as
council tax and water rates are included in the rent; the length of
notice the Landlord or the tenant must give if either one decides to end
the tenancy before the agreed date.
Dealing with a letting agent - As a prospective tenant you will normally
be expected to pay at least a month’s rent in advance plus four to six
weeks rent as a deposit. There will also be an administration fee to
compile an inventory, to prepare the tenancy agreement and for taking up
references. References required may include one from your bank or
accountant to establish your financial standing. A character reference
is also usually required. This may be from a previous landlord, employer
or even your solicitor.
The landlord's responsibilities - The landlord's responsibilities to the
tenant will be detailed in the tenancy agreement. They include
maintaining the property and any appliances supplied within, such as the
washing machine. The landlord, however, will not be responsible for any
damages caused from misuse by the tenant. Among other things, the
agreement should confirm that the landlord has adequately insured the
property, ensured all soft furnishings meet fire regulations, arranged
for gas and electrical appliances to be given a safety check and that
smoke alarms are working. If the property is not managed, the landlord
will also be responsible for collecting the rent, overseeing any
maintenance work and regularly inspecting the property.
Rights for tenants and landlords - The relationship between a tenant and
landlord can be a sensitive one. Tenants are living in the landlord’s
property, and a petty landlord may object to the way they occupy it.
It’s worthwhile to know your rights, whether you’re a tenant or
landlord. The property may be the tenant’s home, but the landlord
retains certain rights of entry. This does not mean he or she can pop in
unannounced whenever desired but, with at least 24 hours' notice, the
landlord may visit at his or her discretion. Where repairs are
necessary, the landlord has a right to ‘reasonable access’. What
‘reasonable access’ means depends on why they need to gain access. For
example, in an emergency, the landlord is entitled to immediate access
to carry out work, but he or she does not have a right to enter without
notice in any other circumstances, unless a court order has been
obtained. Tenants have a right to live in accommodation that has been
kept in a reasonable state of repair, but they are also under an
obligation to look after the property themselves. A tenant’s
responsibilities for repairs should be outlined in the tenancy
agreement, as should the landlord’s. By law, the landlord has a duty to
maintain the property, no matter what is written in the tenancy
agreement. This applies to: The structure and exterior of the premises
(walls, floors, roof, window frames, etc) and drains, gutters and
external pipes. It also includes garden paths and steps. The water and
gas pipes and electrical wiring. The basins, sinks, baths and toilets.
Fixed heaters and water heaters, but not gas or electric cookers. The
landlord is responsible for ensuring that any electrical appliances
supplied meet safety standards. If a tenant is concerned that an
appliance is not safe and the landlord will not cooperate, then he or
she should contact the trading standards department of the local
council. The landlord is also responsible for having gas appliances
checked at least every 12 months. The inspection must be carried out by
a CORGI-approved engineer. Tenants are entitled to see the record. If
the landlord does not arrange for checks or refuses to show the record,
the tenant should contact the local Health and Safety Executive office.
If tenants are unsure about their rights they should always seek legal
advice or contact the local Citizens Advice Bureau, who will offer an
independent, professional service. However, it is an offence for a
landlord to: Repeatedly disturb tenants late at night or with noise.
Obstruct access to the home. Disconnect supplies of water, gas or
electricity that result in the tenant leaving or being unable to assert
their rights.
Deposits - If a tenant has paid a security deposit to the landlord at
the start of a tenancy, this should be returned if the property is left
in good condition and there are no arrears. In cases of damage to
property, it is often cheaper for the tenant to make good the damage
before the landlord comes to inspect the property. The small claims
procedure in the county court may be the only way to get the deposit
back if a landlord continues to refuse to reimburse it. A tenant has a
legal right to know their landlord’s identity. This can be obtained by
writing to the person who collects the rent, asking for the landlord’s
full name and address. The tenant should send this letter by recorded
delivery and keep a copy. It is a criminal offence not to reply to this
letter within 21 days. The tenant can then inform the Tenancy Relations
Officer at the local authority, who can prosecute the person who has
failed to provide the information. Your landlord, or an accommodation
agency acting on his or her behalf, is entitled to ask for both a
holding deposit and a security deposit, both of which should be
refundable. A holding deposit may be requested once you have agreed to
rent a property. If you change your mind, you are likely to forfeit the
deposit, unless your reasons for not renting are beyond your control.
The holding deposit is normally a proportion of the monthly rent; a
security deposit covers the landlord for such things as rent arrears or
damage to the property or furniture. Check the condition of the property
and all its contents carefully before moving in. If the property is
furnished, an inventory list should be drawn up by the landlord and
checked by you, and you should both keep a copy. When your tenancy ends,
the security deposit should be refunded. Holding Deposits - usually a
nominal amount — can be required when you make an offer on a property.
If, for any reason, you decide not to go ahead by an agreed date, the
holding deposit or part of it will be retained against administrative
costs already incurred. Otherwise it will be off-set against the first
rent and full deposit payments. If the landlord decides not to proceed
then the holding deposit will be returned. Paying a holding deposit in
no way legally obliges either party to enter into the tenancy.
Can I make alterations to the property - Your landlord decides if you
can make any alterations, and this information should be detailed in
your contract. Many landlords will allow you to put up pictures and to
paint the property, but it is always best to check before you go ahead
with any changes. Any alteration that means the property cannot be
reverted to its original state afterwards will not normally be allowed.
Who deals with bills and supply services - Unless otherwise stated by
your landlord, you are responsible for contacting the telephone, gas and
electricity suppliers to inform them of your occupation. Take a note of
the meter readings on the day you move into the property to pass on to
them. Your contract should state whether council tax and water rates are
included in the rent.
Bankers draft - A cheque signed by a bank manager or a member of bank
staff. It is considered to be equivalent to cash, as payment is
virtually certain to be met.
The Council for Registered Gas Installers is the National Watchdog for
Gas Safety in the United Kingdom, backed by the Heath & Safety
Executive. A landlord must have gas appliances checked at least every 12
months by a CORGI-approved engineer.
Holding deposit - A deposit held against the administration costs that
are incurred at the start of a tenancy.
Inventory - The list of contents of a property before the tenant
occupies it. This is used to check for damages and loss after the tenant
has finished their tenancy.
Landlord - The owner of the property the tenant is renting.
Landlord and Tenant Act 1985 - This regulates what the landlord is
responsible for, by way of repairs. See www.letlink.co.uk for details.
Letting insurance - An insurance the landlord might take out to protect
his or her possessions in the rented home.
Referee - An individual who will confirm the tenant’s ability to meet
the rent.
Rent - The amount paid regularly by the tenant to the landlord for
living in the property.
Security deposit - A deposit paid at the beginning of the tenancy. It is
refunded at the end of a tenancy with deductions for rent arrears,
damages or loss.
How long does it all take?
Normally, about ten working days to take up and confirm references,
clear your cheque covering the first rent period and the deposit,
arrange for inventories and the transfer of utility accounts into your
name. No professional agent should allow you possession before all this
has been done.
how long is a typical let?
Most agents require it to be a minimum if six months and rarely write a
tenancy agreement for longer than a year. If requested a renewal of the
term is usually granted for good tenants.
What happens if I want to stay on or leave early?
Tenancies are frequently renewed and agents often agree the terms for
renewal at the beginning and include them in the tenancy agreement. If
you’re likely to leave before the end of the original term agreed, you
must negotiate break clauses to be written into the agreement. If not,
you will remain responsible for the rent until the end of the term
agreed, unless a new and satisfactory tenant can be found.
What else do I have to pay for?
The tenant usually pays the utility bills such as gas, electricity,
water and telephone during the course of the tenancy, TV. licence, etc;
and the Council Tax applicable to the property.
What must I do at the end of a tenancy?
Ensure you fulfil your obligations stated in the tenancy agreement to
leave the property in the condition it was in at the start, or
deductions will be made from your deposit. These will include thorough
cleaning and all linen, used or not, freshly laundered. If you have
moved furniture, return it to where you found it at the time of the
inventory.
How do I get my deposit back?
After an inventory check and condition inspection, provided there are no
missing items or damage, your deposit should be returned shortly after
you leave the property. You cannot set your deposit against the last
rent payment due.
Who has been holding my deposit?
Normally, the agent in a designated client’s deposit
account. That is why it is important to use an ARLA agent.
Information
If you have any special requirements please contact
LETTINGS
NOTE:
Please be advised that our minimum
rental period is 6 months.....(more)
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