INFORMATION FOR LANDLORDS AND TENANTS REFERENCES Before a tenancy can be granted, we require satisfactory references on each Tenant. This is normally undertaken by a credit search agency. In some instances, eg in the case of younger Tenants or where there is insufficient employment or UK financial history (eg of less than one year), it may be necessary for a Tenant to have a Guarantor who is prepared to undertake the Tenant's obligations under the tenancy. He/she will be required to co-sign the Tenancy Agreement and allow references to be taken on them. The cost of all credit search fees is paid by the Tenant. Back to top ^ TYPES OF TENANCY AGREEMENTS The Tenancy Agreement must be signed by the Landlord and the Tenant prior to the tenancy commencing. The Agreement will in most cases be a standard contract to which may be added clauses relating to any special requirements or terms agreed. In most cases where the annual rent is less than £25,00.00 the type of tenancy created is an Assured Shorthold Tenancy in accordance with the Housing Act 1988 and as subsequently amended. Where the Tenancy does not fall within the scope of the 1988 Housing Act, a Company or Contractual Tenancy will be arranged (often called a non-Housing Act Tenancy). Generally properties are rented on an annual basis, but the tenancy can be for any term agreed. However the 1988 Housing Act made six month tenancies the preferable minimum term and this has become the common basis of most types of tenancies. Most often, tenancies are for an initial term of twelve months with a release clause after six months (six months being the fixed term). A further term can be inserted into the contract particularly with company lets, however, this is subject to negotiation. Once the tenancy has commenced the Tenant has security of tenure for any fixed periods, provided they are not in breach of the terms of the Tenancy Agreement. At the expiry of a fixed term tenancy the Landlord can take possession of his property (in the case of an Assured Shorthold Tenancy at least two months notice must be served of his intention to do so - which we will do on your behalf if instructed to) unless it is agreed to renew the tenancy. Back to top ^ THE RENT Unless otherwise stated, the rent is exclusive of telephone, water, gas, electricity and council tax. The normal method of payment is by calendar monthly instalments in advance by standing order, subject to negotiation which will then be forwarded to you by BACS minus any deductions (See also under Income Tax). Back to top ^ SECURITY DEPOSIT At the commencement of the Tenancy, the Tenant is required to lodge an amount usually equivalent to six weeks of the agreed rent, as security against any damage or loss at the property not reasonably considered to be due to fair wear and tear. Unless otherwise agreed, the deposit will be held by Green Locations as Stakeholder in an interest-bearing account, and at the end of the tenancy the deposit plus the interest accruing will be returned to the Tenant, less any agreed deductions. As members of the Association of Residential Letting Agents, Green Locations participates in the Tenancy Deposit Scheme for Regulated Agents, which provides a dispute resolution service. All tenancies where we hold the security deposit will be included in and benefit from the provisions of the scheme. Further details are available on request. In many cases the full replacement cost of articles found defective cannot be charged to the Tenant because of their previous history. The Landlord is responsible for ensuring equipment is in good working order as repairs or replacements to old equipment will be charged to him. It is strongly recommended that service and maintenance agreements are taken where possible and contents insurance is maintained. Back to top ^ INVENTORY Prior to the Tenant taking possession of the property an inventory of the condition of the property and its contents and their condition should be made, ideally by an independent inventory clerk. It is important that the property is thoroughly cleaned prior to the tenancy commencing. The Tenant is checked into the property against the Inventory and a copy of the Report and the Inventory is sent to both the Tenant and Landlord for their information. When the Tenant vacates the property the Inventory is checked again with the Tenant and any costs for damages agreed with the Tenant will be deducted from the Tenant's deposit. It must be expected that there will be a degree of "wear and tear" which is not covered by the Tenant's funds. Where Green Locations is Managing the property we will undertake these negotiations on your behalf. The cost of preparing an Inventory is the Landlord's responsibility and varies according to the size of the property and its contents. In general the cost of checking in is also paid by the Landlord and the cost of checking out is paid for by the Tenant . Back to top ^ CONTENTS, FURNITURE & FURNISHINGS Everyone has different ideas on what should be left in a home for a Tenant. It tends to follow that a property in good condition with a high standard of furnishings will attract a higher rent. Generally, families prefer unfurnished properties (this means that they only expect carpets, curtains and white goods to be left in the property) and professional sharers prefer part furnished (beds, sofas, armchair tables and chairs). It is important that nothing of personal value or which is difficult to replace is left behind. Back to top ^ SERVICES AND COUNCIL TAX If we are Managing the property, we will ensure that gas, electricity, water and Council Tax accounts are transferred into the Tenant's name at the commencement of the tenancy (and vice versa at the end of the tenancy. We will arrange for meter readings to be taken and pay the closing bills, provided we are in funds. We cannot pay any outgoings on your behalf that are in excess of the funds available. If we are not Managing, the closing bills will be forwarded directly to you. Back to top ^ TELEPHONE The Tenant becomes the subscriber and is responsible for the line rental and all accounts. Whilst the Landlord can arrange to have the line disconnected so that the Tenant can arrange for reconnection we try to avoid this if possible. This can usually be done with a little co-operation. Back to top ^ TV LICENCE Television sets are not normally provided in rented accommodation. Please note that the Tenant is responsible for paying the licence fee in respect of the use of any television set in the property during the tenancy. Back to top ^ INSURANCE You are strongly advised to ensure that building and contents insurance is sufficient and liability insurance covering injury to the Tenant is included. Insurance companies may void claims made against properties that have been let without their approval see Lettings & The Law below. Insurers may require an increased premium for let properties and may increase or withdraw cover if properties are vacant and unsupervised for more than 21 - 30 days (this varies with different insurers). Back to top ^ LETTINGS & THE LAW The income you receive from your home is unearned income and is
subject to tax at the standard
rate. Landlord Statutory Obligations
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 All upholstered furniture, permanent or loose fittings, soft furnishings, beds, mattresses, pillows and cushions supplied to a property and forming part of a letting must comply with these Regulations. It is illegal to let a property with furniture which does not comply. Carpets and curtains are not covered by the Regulations. Period
and antique furniture manufactured before 1950 are exempt. Most
furniture manufactured since 1988 will probably comply and carry
labels to this effect. Where there are no labels, contact the
manufacturer or retailer for confirmation. If in doubt the items
should be replaced. Landlords are responsible for ensuring that appliances and pipework in tenanted premises are maintained in good order and in a safe condition so as to prevent risk or injury to any person. The Regulations require that the appliances and pipework are checked for safety by a CORGI qualified gas engineer prior to the commencement of a tenancy and every 12 months thereafter. A record of the safety check must be supplied to the Tenant and a copy kept by the Landlord and/or his Managing Agent for at least two years. Where we are instructed to Manage a property, we will accordingly arrange for a gas safety check to be conducted at the commencement of any Tenancy (unless a current Gas Safety Record is available) and every 12 months thereafter. All contractors charges will be payable by the Landlord. For properties not under our Management Service, we require a
copy of the current and all subsequent Gas Safety Records. If
required we will instruct a CORGI engineer to attend the property
and deduct the contractor's fee plus an administration charge from
rental monies received. Landlords must ensure that ALL electrical appliances and the
electrical supply is 'safe' and will not cause 'danger'. From 1 st
January 1997 , all new electrical appliances must carry a 'CE' mark
and instruction booklets or clear working instructions must be
provided. Newly installed plugs and sockets must also comply with
regulations. From 1 January 2005 any works, repairs or maintenance undertaken
on domestic electrical installations in certain areas of a property
must be carried out by a competent person registered with an
organisation providing an approved self-certification scheme.
Wherever possible when instructing contractors on a Landlord's
behalf to carry out applicable electrical repairs and maintenance at
a property, Green Locations will only instruct such competent
approved contractors. All properties built since June 1992 must be fitted with
mains-operated interlinked smoke detectors / alarms on each floor.
Whilst properties built before that date are not included under the
statutory requirement, we strongly recommend that all properties to
be let are fitted with smoke alarms and these are regularly
serviced. Before entering into any agreement to let your
property you must check whether there are any restrictions to your
doing so and whether consent needs to be obtained from:
|
