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Introduction
Properties under management owned by a private landlord are, in the
majority of instances, the landlords' own private residence, their home
and a property to which they will be returning to take up residence at
some future date. Individuals, such as Crown Servants, Service
Personnel, those working abroad and, in more recent times with high
interest rates and a difficult selling market, owners unable to sell
because of a job move, are perhaps tenants themselves in a new area
with the intention at some future time of selling their own property
and buying in that new area.
Whatever the circumstances, it is important that the tenant of such
property remembers that the landlord may well wish to take up residence
again or to sell their home when circumstances allow. To this end the
owner/landlord instructed this company to act on their behalf in their
absence and to seek suitable tenants who, in all respects, appear
satisfactory.
We
would take this opportunity, therefore, of providing for you, the
would-be tenant of such a property, guidance notes relating to a
tenancy with this company.
Getting
Started
Having
viewed the property and arrived at a decision to make application to
rent you will be required to provide, during the course of an interview
with a consultant responsible for that property, the following:
Personal details relating to each applicant ranging from name and
address to occupation and salary. You will be asked to provide
Financial and Character references as we can only agree to a tenancy
subject to satisfactory replies to those referees. Our investigations
will also include a search of the Credit Registers to establish your
financial credibility. This is not meant as a possible doubt in
relation to your character and financial situation, but seeks to
establish that, in all respects, an applicant is suitable and
satisfactory.
County
Court Judgments
If you
have County Court Judgments 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.
Deposits
and Rent
Given
satisfactory replies to our enquiries you will be offered tenancy
of the property subject only to the terms of the Tenancy Agreement,
payment of a deposit equivalent to one and a half month's rent, one months rent in advance and the payment of our
administration costs. YOU SHOULD BE AWARE THAT MOST
TENANCIES ARE A BINDING CONTRACT FOR 6 MONTHS. YOU MAY INCUR FINANCIAL
PENALTIES IF YOU WISH TO TERMINATE YOUR CONTRACT BEFORE THIS TIME.
If
rents, deposits etc., are payable by cheque we must have at least seven
banking days for clearance of that cheque (regardless of the source).
The
deposit required acts as a security for the performance of your
obligations under the tenancy agreement. This deposit will be returned
to you at the end of the tenancy term without interest, and subject to
dilapidation or any deductions that may be necessary to compensate the
landlord for any breach of the tenancy agreement. In this context we
act as 'Stakeholders' or 'Agents of the landlord'.
Deductions from the deposit
Should
there be a requirement of the Managing Agents to replace items of the
inventory, to restore the garden to a satisfactory condition or clean
the house at the end of the tenancy, or if there has been a breach of
tenancy agreement, the return of your deposit will be delayed until all
items are costed and replaced/cleaned.
Dilapidation essentially means charges for damage/breakage of or to the
landlords' fixtures, fittings and effects, inventory items lost, etc.,
which occur during the period of the tenancy. 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/Statement of Condition will be prepared by
our offices prior to occupation and must be agreed by you at the
outset.
Basis of
assessment
This
Inventory/Statement of Condition will then form the basis of assessment
of the property's condition, including Inventory items at the end of
the tenancy term. Fair wear and tear will obviously be taken into
consideration. Dilapidation’s that occur will be charged to your
account, as will accounts from trades people employed to undertake
necessary repairs, or replace any items.
Tenants'
obligations
We
have mentioned your obligations under the tenancy agreement. It is,
therefore, important that you carefully read such tenancy agreements,
and to this end a copy of our standard agreement will be provided upon
request.
Payment of utilities
You
are responsible for the payment of all utilities (Gas, Electric, etc.)
during the tenancy and for the payment of final bills. We will inform
the utilities of the commencement of your tenancy and they will provide
you with the necessary applications for supply. We are happy to assist
you in such applications where references are required.
Council
Tax
You
are required by law to inform the Council Tax Registrar of your change
of address and pay the Council Tax or any subsequent replacement tax
applicable for the area in which the property is located.
Notice of Grounds for Possession
Before
you sign an agreement, you will be given either a Notice of Grounds for
Possession and/or a Shorthold (Section 20) Notice, which essentially
informs you of how the landlord would obtain possession at the end of
the term.
Read
carefully the Tenancy Agreement and ask questions of our representative
if unsure of any point. Fortunately the agreement are easily understood
and written in plain language.
The
Tenancy Term
During
the tenancy 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, as agents for the landlord, have an
obligation under our contract with the landlord, to inspect the
property at regular intervals. We undertake to do this at three monthly
intervals, but at more frequent intervals where deemed necessary. We
will write to you to make a mutually convenient arrangement some ten
days prior to such an appointment.
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, though this is not the only consideration of
management. It further allows the opportunity for you to discuss with
this company any problem which 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
action can be taken to minimise any discomfort or interruption of your
enjoyment of the property at the earliest time. We have a number of
trades people available to ensure that repairs are swiftly undertaken.
Rent
Rent
should be paid on the due date each month. If you experience
difficulties please let us know early, we have to account to our
clients on a monthly basis. The preferred method of payment is by
cheque or cash, either by hand or through the post to arrive on the due
date. We will, however, allow rents to be paid by standing order if you
so wish.
Rent
(Multiple Tenancies)
Where
there are a number of tenants sharing accommodation, each tenant will
normally pay a proportion of the rent to one tenant designated by the
group as its spokesperson, who will pay the rent as a whole. Each
tenant, however, is jointly and severally responsible for the whole
rent so that they are equally liable for the non-payment by one of
their co-tenants should they fail to pay.
End of
Term
Preparations should now be made to hand the property back to us on the
due date. Arrange for the 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 to be handed over
and will provide details of the new account holder. This may the owner
or a new tenant.
Inventory items should be replaced in their respective rooms to
facilitate easy checking on handing over. Read carefully the inventory
and statement of condition at this time, wash curtains, clean carpets,
etc., and generally prepare the property for that final inspection.
Liaise with the managing agent and arrange a convenient time for handing
over the premises.
Once checking has been completed and
dilapidation’s agreed (if any) the deposit or balance of deposit will
be returned to you.
Miscellaneous
With a Fixed Term Tenancy agreement you
have the responsibility for the payment of rent for the full term. If,
therefore, you wish to vacate the premises prior to the end of the
term, you will be responsible for the rent for the balance of the term.
This contractual obligation may be overcome if we are able to find
suitable alternative tenants. It is important, therefore, to let us
know as soon as possible if this is intended. If we successful in
obtaining a satisfactory new tenant we will relieve you from further
rent payment as soon as the new tenant makes their first payment.
Insurance
of Contents
In the event of the premises being equipped
and furnished to a high standard we reserve the right to request you to
insure the contents against 'accidental damage'. In any event it is
recommended as a wise precaution to insure the fixtures and fittings of
the landlord as quite often damage to expensive furniture or equipment
might not be covered by the deposit, resulting in court proceedings to
recover money to recompense our client/landlord.
In order to satisfy insurance requirements
of insurable interest in property we would include a requirement for
'Accidental Damage' cover within the tenancy agreement if it were
deemed necessary.
We can assist in obtaining this cover if
you wish - please ask prior to signing your agreement.
Summary
These notes are intended to provide only a
summary to assist you to understand and realise 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: only the courts can do that.
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