Terms and Conditions for Tenants
These terms and conditions are to be applied in conjunction with the Tenancy Agreement and the Tenants Price List and they must be read, signed and returned to us prior to references being sought.
The payment of the 1 weeks rent will serve as a HOLDING DEPOSIT for any property as per guidelines effective from 1st June 2019 under the Tenant Fees Act 2019.
The only payments in connection with a tenancy that you can be asked to make are:
- The rent
- A refundable tenancy deposit capped at no more than five weeks’ rent where your total annual rent is less than £50,000, or six weeks’ rent where your total annual rent is £50,000 or above
- A refundable holding deposit (to reserve a property) capped at no more than one week’s rent
- Payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher
- Payments associated with early termination of the tenancy, when requested by the tenant
- Payments in respect of utilities, communication services, TV licence and council tax; and…
- A default fee for late payment of rent and replacement of a lost key/security device giving access to the housing, where required under a tenancy agreement.
If the application is not accepted due to false information, failed referencing or the tenant withdrawing their application then the holding fee is non refundable.
Should the Landlord withdraw from the Tenancy without acceptable reason, the prospective Tenant will be entitled to return of the full fees paid.
A full reference investigation and credit search will be carried out. Applicants who have a County Court Judgement (CCJ), bankruptcy order or repossession against them will not be acceptable to the reference agency and it may be difficult to proceed with their application. Any self-employed applicant/guarantor will be required to provide details of his/her Accountant who, in turn, must provide three years’ audited accounts of the applicant’s company.
INITIAL MONIES, DEPOSIT, RENT & FEES
This payment must be made on or before the start of the Tenancy, by bank transfer, bankers draft, or, if made ten working days beforehand, by personal cheque. This payment is for:
- 1 weeks “HOLDING DEPOSIT”
- First month’s rent in advance ( minus the “HOLDING DEPOSIT “ if successful application )
- Deposit equivalent of one month’s rent
The rent must be paid by standing order to our specified account or, if the property is managed by the Landlord, the first month’s rent must be paid to us and subsequent rent paid directly to the Landlords account, on the due date no invoices or rent demands will be sent.
LATE PAYMENT AND DISHONOURED CHEQUE FEES
Upon the occurrence of late rental payment, dishonoured cheque or abortive visit a £50.00 fee will become payable.
INVENTORY CHECK-IN PROCEDURE
An inventory check-in will be undertaken by Dabell & Co on the first day of the Tenancy and it is vital that the Tenant, or a personal representative of the Tenant, must be present. It is very important that sufficient time is allocated by the Tenant to check the condition and contents of the property very carefully and it is specifically emphasised that all existing damage/defects must be noted on the check-in inventory to protect the Tenant so that only new damage/defects will be deemed to be the Tenants responsibility at check-out. The Tenant or their representative will be required to sign the declaration sheet agreeing the precise condition of the property and its contents. Once the declaration sheet is signed by the incoming Tenant, the amended inventory will be used at the check-out as the basis, if necessary, for negotiating deductions from the deposit at the end of the Tenancy. A copy of the amended inventory will be sent to the Tenant shortly after the Tenancy commences.
CONDITION OF THE PROPERTY
The property will be let as seen, subject to any special requests, for consideration by the Landlord, prior to the commencement of tenancy. It is a Tenants obligation to ensure that the Landlord’s property and contents are protected from damage at all times. Blue tac, white tac, Sellotape, Pritt adhesive, luminous ceiling decorations or any other form of glue/adhesive must not be used on wallpapered, emulsioned, painted or any other surfaces. Compensation or costs to rectify damage from water stains from leaking plant pots on carpets and scratches, water marks or candle wax damage on furniture, window sills, mantelpieces, shelves, etc. will be deducted from the deposit.
INVENTORY CHECK-OUT: DEPOSIT PROCESS
Following an inventory check-out by an Inventory Clerk, a final inspection of the condition of the property may be carried out by the Agent and any proposed deductions for damage, cleaning or unreasonable wear and tear will be discussed with Tenants and Landlords and, once agreement is reached, the agreed deduction will be made from the deposit and the balance of the deposit repaid to the Tenant. In the event of a dispute if both parties disagree we can refer the matter to the dispute service of the DPS (Deposit Protection Scheme) for resolution.
COUNCIL TAX & UTILITIES ACCOUNTS
Gas, electricity, Council Tax and water/sewage account will be transferred into the Tenants name from the start of the Tenancy and returned to the Landlord’s name at the end. However, it is imperative that Tenants inform the agents immediately if they change their suppliers of gas and electricity during the Tenancy. Failure to do so could lead to charges being made to cover time involved in tracing the suppliers to transfer services at the end of the Tenancy.
Due to the Data Protection Act, British Telecom will not accept third party instructions to transfer telephone services into or out of the Tenants name therefore, you must arrange this yourself. We regret that we cannot be held responsible for any charges incurred for the transfer of the telephone service should a Tenancy not proceed for any reason. Tenants must cancel their BT contract with effect from the last day of the Tenancy. Failure to do so will incur a fee for contacting the Tenant to organise cancellation of the contract. Please do not request that the line be disconnected, any costs incurred due to this will be recovered from the Tenant.
Landlord’s effects may not be removed from the property or put in a garage, attic or cellar without prior consent from the Landlord or Agent.
Pets that potentially could harm the property or cause nuisance to other residents or damage to neighbouring property may not under any circumstances be kept on the premises. Other properly contained pets may be kept subject to prior written permission from the Landlord or the Landlord’s Agent, such permission not being unreasonably withheld. If permission is granted, Tenants are liable for professional cleaning and if necessary, fumigation of all carpets in the property at the end of the Tenancy and for ensuring that any pet damage is rectified at their own expense. Using a Vax machine or similar carpet cleaning machine to shampoo carpets is not accepted as ‘professional cleaning’ because it often causes carpets to become hard and full of powdery deposit which is a form of damage in itself. Fumigation must be undertaken by properly trained specialists. Pet excrement must be promptly and completely removed from gardens and grounds – failure to do so will incur costs for removal.
SMOKING IN RENTED PROPERTY
Smoking in a rented property will cause serious discolouration of decorations, permanent unacceptable odour to carpets and curtains and it potentially renders a property unlettable to future non-smoking Tenants. If a Tenant takes a property having led us to believe that he/she is a non-smoker and it is obvious that smoking is or has been taking place in the property, we will have no alternative than to advise our clients not to extend the Tenancy.
Please be assured that all costs for redecoration, professional cleaning of all affected curtains and carpets and any other damage to the property caused by smoking will be met by deduction from the Tenants deposit.
REGULAR PROPERTY VISITS
Inspection visits to managed properties by the managing agent are made at three monthly intervals following at least seven days’ written notice of the intended visit. We will use our management key to access the property if the Tenant is not in or cannot be home to give access. The first visit at the commencement of the Tenancy will be between three and four months and thereafter three monthly.
TENANTS ABSENCE FROM PROPERTY
Because of the conditions imposed by insurance companies, it is necessary for Tenants to notify us if a property is left empty for a period exceeding seven days. Tenants must always ensure that the doors and windows to the property are fully locked, and if provided, any alarm must be activated every time they leave the property. This is to ensure that insurance policies are not rendered null and void. In the event of loss of, or damage to, Landlord’s property because of Tenant’s not using all security devices provided by the Landlord, Tenants will be held fully liable. If a rented property is unoccupied for any period in winter (October to March) it is essential that adequate heating is left on constant at a minimum of 12.5 degrees to protect the property from frost and damage and if possible, loft hatches should be left open to ensure the roof space is warmed. If the property is to be left unoccupied during a cold spell, it is also recommended that all stopcocks are turned off and the taps are left open to empty the tanks so that, if there is a burst pipe, flood damage is limited.
It is an obligation of Tenants to undertake small household tasks such as replacing light bulbs, strip lights, spotlights and appliance bulbs, extractor fan filters, re-fixing of curtain tracks and poles and suchlike at their own expense. However, Tenants must not change tap washers or attempt to make any repairs to heating or gas appliances. These repairs must be reported immediately either to us or to the Landlord if he is managing the property himself.
Please note that Tenants’ possessions are taken into a rented property entirely at the Tenant’s own risk and that Landlord’s contents insurance cannot cover Tenants’ belongings. Tenant’s must arrange their own contents insurance and the Landlord will not be liable to pay compensation should any of the Tenants’ belongings be damaged/destroyed in the property during the term of the Tenancy.
EARLY TERMINATION OF TENANCY
An Assured Shorthold Tenancy Agreement is a legally binding contract for a fixed term. There are rare circumstances whereby Tenants have no alternative than to request an early termination of their contract and, if the Landlord agrees, we can try to find new Tenants to release the original Tenant from the contract. There will be an Early Tenancy Release Fee of £450.00 applicable regardless of circumstances or duration remaining on the agreement. Until the day that a new Tenancy starts, the original Tenants are legally bound to continue paying rent and, if they move out early, they must continue regular inspections of the property, taking care of it as if they still lived there, ensuring adequate supplies of oil have been left to run the heating, adequate credit on all pre paid utility meters, leaving the heating on as described above, and paying all the outgoings until the day that the new Tenancy commences. If new Tenants cannot be found before the original term comes to an end the original Tenant remains fully liable as above until the last day of the original agreed term. We are under no obligation to seek replacement Tenants but in some circumstances, we will remarket the property with the Landlord’s permission.
Dabell & Co will arrange on the last day of the tenancy to do a check out inventory with photographs and provide a report to yourself and the landlord.
Keys to the property must be returned to us by midday on the last day of the Tenancy. The Tenant will be advised in writing of the date and time of the check-out but is under no obligation to attend. Our Tenancy Agreements state that properties are to be professionally cleaned immediately prior to check-out of inventory. As well as professional valeting, the following is a guide in preparation for the inventory check-out, and failure to undertake these duties will incur deductions from the deposit.
- Tenants must ensure that all light bulbs and spotlights in the property are in working order.
- All garages must be swept out and cleared of all rubbish.
- All curtains must be thoroughly vacuumed and any soiled curtains must be dry
- cleaned and re-hung. Net curtains must be carefully laundered, ironed and re-hung.
- A new filter must be fitted in the hob extractor or, if washable, put through a dishwasher wash.
- All rubbish must be removed from the property and grounds.
- If Tenants are responsible for gardening, all lawns must be mown, beds weeded and all garden refuse removed from the property.
- All debris and rubbish must be removed and wheelie bins must be left empty for the next Tenant.
As Stated Dabell & Co will carry out the final inventory check out service . If required, we reserve the right to arrange for immediate extra cleaning or repairs to be undertaken by our own contractors for which deductions will be made from the deposit. A fee commensurate with the time involved in organising this may be deducted from the deposit. Prior to check-out Tenants must ensure that items are returned to their original location as listed on the inventory. Dabell & Co will make a charge for their time spent returning the items to their correct location.
By signing this agreement you consent to receive, in electronic mail form, notices or other information (“Communications”) that we are required by law to provide to you in writing. “Communication” includes but is not limited to any tenancy agreements or amendments thereto, monthly billing or account statements, disclosures, notices, responses to enquiries, transaction history, privacy policies and all other information related to the Tenants including but not limited to information that we are required by law to provide to you in writing.
Please note: An applicant who proceeds to rent a property following receipt of these terms will be deemed to have read, agreed to and accepted the terms in their entirely.