Tenancy
This information sheet is provided to assist Tenants in understanding the commitment in entering into a tenancy agreement. The tenancy that will be signed will usually be an Assured Shorthold Tenancy under the provision of the Housing Act 1996.
Form of agreement
In the majority of cases, the arrangement will be an Assured Shorthold Tenancy and this will be for a minimum period of 6 months. The tenancy agreement will set out the basis of the arrangement between the Tenant and Landlord of the property, and the agreement will fully detail the obligations to be undertaken. A security deposit and one month`s rent is payable before the tenancy begins.
Rent
This will be payable on the day set out in the agreement and will in all instances be payable in advance by standing order, which should be set up for funds to reach our bank as cleared funds on the rent due date and no later.
Deposit
The deposit – in most cases - will be held by the Deposit Protection Service, on behalf of the Landlord and Tenant. The Deposit will be a maximum of the equivalent of five weeks rent. No interest will be paid on the deposit money. The deposit will be returned to the Tenant(s) after settlement and agreement of any deductions required by the Landlord in accordance with the rules and regulations of The Deposit Protection Service.
Referencing
Prior to the tenancy being offered, credit, employer, previous landlord and bank references may be obtained in respect of all tenants by professional referencing agencies acting on our behalf. Any offer of a Tenancy is strictly subject to satisfactory references being passed.
Proof of identity
You must satisfy a Right to Rent check, as this is required by law. We also require proof of address, such as a utility or council tax bill in your name at your current address. From companies, we require proof of identity of the director or authorised signatory, as well as proof of directorship or proof of authority to sign.
Your holding deposit explained
When applying to rent a property from one of our Landlords, before your application can be fully
considered, you will need to pay us a holding deposit equivalent to one weeks’ rent for the property in which you are interested. This document explains what happens to that holding deposit and the circumstances in which the deposit will / will not be refunded. It is important that you know your legal rights and accordingly you should feel free to seek independent legal advice before signing this or indeed any other document which we might put before you.
Once we have your holding deposit, current legislation stipulates that the necessary paperwork should be completed within 15 days or such a longer period as might be agreed. However, where a tenancy is agreed to commence in 20 days or less, a shorter period – equating to half the number of days until tenancy start date - for completing the necessary paperwork will apply.
In the present case, it has been agreed that the relevant period will be extended/shortened to the number of days shown below, from when we receive your holding deposit.
If at any time during that period you decide not to proceed with the tenancy, then your holding deposit will be retained by Adams Letting Agents. By the same token, if during that period you unreasonably delay in responding to any reasonable request made by Adams Letting Agents, or any 3rd Party company instructed by Adams Letting Agents and if it turns out that you have provided us with false or misleading information as part of your tenancy application or if you fail any of the checks which the Landlord is required to undertake under the Immigration Act 2014, then again your holding deposit will not be returned.
It will be retained by Adams Letting Agents and your Landlord.
However, if the Landlord decides not to offer you a tenancy for reasons unconnected with the above then your deposit will be refunded within 7 days. Should you be offered and you accept a tenancy with our Landlord, then your holding deposit will be credited to the first months’ rent due under that tenancy. Where, for whatever reason, your holding deposit is neither refunded or credited against any rental liability, you will be provided with written reasons for your holding deposit not being repaid within 7 days.
You will not be asked to pay any fees or charges in connection with your application for a tenancy.
However, if your application is successful under our standard assured shorthold tenancy agreement, you will be required to pay certain fees for any breach of that tenancy agreement in line with the Tenant Fees Act 2019. In consideration of us processing your tenant application, you agree to pay those fees to us on request.
Guarantor
Where a guarantor is required, references will be taken on the guarantor as well as the prospective Tenant and we will require the same referencing criteria. The guarantor’s responsibilities are to undertake all obligations of the tenancy agreement, this will include unpaid rent, all outgoings i.e. service costs and dilapidations for the full term of the tenancy on a joint and several liability basis.
To satisfy our criteria to be a suitable guarantor, one must:
- Be a resident of United Kingdom
- Have a clean credit history and
- Be in receipt of a salary at least 3 times the annual rent to be guaranteed
Inventory and schedule of condition
An Inventory and Schedule of Condition will be prepared prior to the Tenant’s occupation and this will be emailed directly to one of the Tenants, who will be required to sign this document. The Inventory fully details the furnishings, fittings and equipment within the property and condition of the premises at the commencement of the tenancy. Care should be taken to ensure that the schedule accurately records the condition of the premises at the commencement of the term and is signed and returned with any amendments and/or remarks within 72 hours of receipt.
The Tenant will be held liable to return the property on termination of the tenancy in the same condition as it was at the commencement of the tenancy as evidenced by the document. No alterations will be accepted to the Inventory Condition Schedule, which are not notified as detailed above.
Tenancy conditions
The Tenant will be liable for Council Tax, water and sewerage charges, electricity & gas charges as per the tenancy agreement in respect of those services supplied to the property. These suppliers should not be changed without prior written request to and subsequent approval of the landlord (or Agent). Any special conditions attached to the tenancy must be agreed in writing prior to the Tenancy Agreement being signed, otherwise the property will be regarded as ‘let as seen’ on the terms set out in this document and our tenancy agreement. A specimen of our standard Assured Shorthold Tenancy agreement is available on request.
Some Landlords are unwilling to accept pets and/or children and as such the applicant will be asked for details regarding these matters before the commencement of the tenancy.
Tenancy termination
The Tenant must advise Adams Letting Agents in writing if they wish to vacate the property at the end of a fixed tenancy term, with at least one month’s written notice. Adams Letting Agents will contact each tenant with regard to renewing/extending their tenancy some weeks prior to this time. The tenant should advise Adams Letting Agents when vacating the property of a forwarding address for post and final accounts.
The deposit monies may only be returned to the tenant when the closing accounts from the utility service companies have been shown to have been met in full by the outgoing Tenant and that Adams Letting Agents and/or the Landlord are satisfied that the property has been vacated and left in the same condition in which it was originally let as recorded in the Inventory & Schedule of Condition. In order to assist the Tenant achieve the return of their deposit in full, we issue the Tenants with a copy of our Tenant Check Out Guidelines document. To view this document, please click here.
In cases where on termination of the tenancy, dilapidation items are identified during the final check out, the Tenant will be required to bear the cost of remedying the defect by deduction from the security deposit. At the termination date the Tenant should leave the property in a clean and tidy state that reflects the same condition in which it was originally occupied. The Tenant has no right to return to the property after the end of the tenancy to remedy matters identified in the check out report. Any work required should be undertaken before the end of the tenancy. All the Tenants possessions should be removed to enable the return of the keys to Adams Letting Agents on the last day of the tenancy. If the Tenants wish to vacate the property prior to the end of the fixed term of an Assured Shorthold Tenancy, and the landlord complies, they will be liable to the terms of a ‘Tenant Release’, which would incur a Tenant Release Fee† covering their costs for breach of contract.
Standing order mandate
The Tenant will be asked upon occupation to sign a standing order mandate, or show proof of a standing order already in place, to pay the rent to the requisite bank account.
Contents insurance
Please note the Landlord will insure the property and his own contents. The Tenant needs to make arrangements to insure his own furniture and possessions, which will not be covered by the Landlords policy.