Tenants Terms and Conditions

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DEPOSITS

We request a deposit on all tenancies, for tenants the deposit is equal to one months rent. Deposits are held to help ensure the tenant looks after the property and as a safeguard against unpaid rent. It is refundable at the end of a tenancy only after the tenant has vacated the property and providing the house and their account is in order. COMMENCEMENT OF TENANCY

The tenancy commences on the date shown in the lease. Prior to the tenant moving in we will carry out an inventory of the property listing everything in it with a brief description of its condition. We then send a copy of this inventory to yourself and the tenant to ensure agreement.

Whilst compiling the inventory we also take meter readings, these readings are then passed on to the appropriate companies, at the same time we also inform the council of the change in tenancy.

We cannot inform British Telecom of the change in tenancy. This must be done by the user of the service, consequently you must ensure BT know you no longer require a serve at the property and the tenants have to contact them in order to be re-connected.

TENANCIES

The tenants can opt to leave the property or they can request permission to stay on, this being the case you have two main options. If you wish you can give notice to the tenant, Thus they have to vacate the day the contract ends. Alternatively you can allow the tenancy to continue, here you can choose to renew for a period from six month upwards. (A significant number of tenants do request twelve month contracts). If you do not wish to commit yourself to a definite period the contract can become a periodic whereby the tenant stays in the property (under the terms of the old contract). Should they wish to leave however they only need give you one months notice, if you require possession of the property you must give the tenants two months notice.

END OF TENANCY

Once a tenancy comes to an end we make arrangements to meet the tenants at the property. We inspect the property again and take meter readings as well as obtaining details as to where the tenant is moving. The deposit is refunded to the tenant once we are convinced that everything is in order. If you wish you can inspect the property before the deposit is refunded, this must be done within 24 hours of the tenants moving out as the tenants are often eager for the refund of their money.

If for any reason there are any disputes with how the property has been left the first course of action is to give the tenant an opportunity to rectify the problem. If the tenant does not rectify the situation we can then make a deduction from the deposit (valid estimates must be obtained indicating the exact cost of repair). Failing agreement between the landlord and tenant Tom Clarke & Co. Will act as arbitrators, we will aim to resolve the disagreement as quickly and amicably as possible. Our decision is final, both parties must abide by our judgement.

INSPECTIONS

We conduct regular inspections of all tenanted properties. These inspections serve numerous purposes, they allow us to visit the tenant in the property and ensure they are looking after it. We also check for signs that something may be wrong with the property, if something needs attention we can then inform you as soon as is practical helping to reduce the risk of the problem becoming worse and the costs escalating. These visits also help us get to know the tenants better, so that when the lease is due for renewal we can be confident in the advice we give to you.

REPAIRS

Every property at some point will need some work doing to it, if things go wrong and the tenant contacts us, depending upon your instructions at the beginning we will either contact you or just get on and appoint trusted and approved contractors we then contact you. In the majority of cases the problem can be resolved quickly. However there are two important points to remember when it comes to repairs.

Firstly, if a serious fault does occur (water burst/flood) and we Cannot contact you we can authorise a repair up to a cost of two hundred pounds. Authorisation for this is contained within the sole agency agreement you sign.

Secondly, once a property is tenanted you do have an obligation to ensure it is well maintained. Carrying out repairs quickly is often as important for you as it is for the tenant, after all a repair caught early enough can save you a lot of money. Remember tenants do have rights, tenants can contact the Environmental Health because repairs are not being attended to quickly, the ensuing 'enforcement order' could include extra repairs and a significantly higher final bill. Work not done will be carried out by them and they will add a hefty additional charge on top of the repair bill.

*In the Landlord & Tenants Act 1985 under section 11, it is implied as a covenant in the tenancy agreement that the Landlord is:

a) to keep in repair the structure and exterior of the dwelling (including its drains, gutters and external pipes)

b) to keep in repair and proper working order the installations in the dwelling, for sanitation and for the supply of water, gas and electricity as well as those for space heating and heating water*.

GAS APPLIANCES

It is a legal requirement that every gas appliance and gas central heating system has to be inspected on an annual basis, they have to meet strict conditions and a safety certificate must be issued. One copy to tenant one held on file.

You can ask British Gas (who charge per item inspected) or a private gas engineer (some of whom have a flat rate, regardless of the number of appliances). Remember for a inspection to be complete the piping must also be inspected and the person conducting the inspection MUST be CORGI registered. We can arrange for the safety inspection to be carried out for you by a local gas engineer. Once the inspection has been completed we keep a record of the date. A Safety certificate must be issued every twelve months.

Central heating systems do break down, unfortunately it always seems to happen at the most inconvenient of times such as a Bank Holiday or when you are away. The cost of repair can be substantial and there is often little option but to have the work done. For this reason we recommend that you consider a service contract. British Gas offer a policy which serves the majority of systems very well, they also allow you to spread the cost and pay by monthly installments (details of the scheme along with an application form can be found in your pack)>

If you do take out a service contract or have one already then please let us know, the details will be kept in the files and should the tenant have a problem we can contact your service provider on your behalf.

ALARM

It is our strong recommendation that all properties should be fitted with at least two smoke alarms. While this is not a legal requirement failure to take adequate precautions (such as fitting smoke alarms) could lead to a landlord being prosecuted if something did happen. Smoke alarms are inexpensive and are easy to fit, they can and do save lives. Once installed these devices must be checked on a regular basis. If your property has gas appliances then you may wish to consider the installation of carbon monoxide alarms (these detect the build up of dangerous gases). These units cost a little more than smoke alarms but again do serve a very useful purpose. More and more landlords are having burglar alarms fitted, the benefits in terms of peace of mind are immeasurable. If your property does have an alarm or you are considering having one fitted there are a couple of points to bear in mind. If your alarm has a Master Code as well as a User Code, this must be kept secret. A Master Code means that changing the alarm number is only possible with this number. Consequently while your tenants can have the benefits of the alarm they cannot change its settings. Alarms (like any peace of electrical equipment) can malfunction. This is not only annoying for yourself and neighbours but is also leading to increasing calls from police officers for a list of such nuisance alarms (the implication being that if an alarm is frequently sounding for no valid reason the police may refuse to respond). We would therefore recommend that the alarm is checked on a regular basis.

FURNISHINGS

If any furniture is left in a property, then you as landlord have a duty to ensure it is maintained and (for electrical/mechanical equipment) repaired should it become faulty, provided of course this is not as a result of negligence or malicious damage by the tenant.

Any soft furnishings (Chairs & beds etc.) that are left in the property must comply to fire regulations, and a label clearly stating so should be attached. If not then the furnishings must be removed from the property, they cannot be stored at the rented address.

MORTGAGES

If the property you wish to rent is subject to a mortgage then the mortgage lender should be informed that you intend to let the property. This should be done before a tenant moved into the property. Some lenders insist that the property is managed by a professional agency (not obtaining permission can invalidate your insurance) Gaining permission from the building society usually depends upon the mortgage account not being in arrears. Some lenders do ask to see a copy of the lease which the tenant will be asked to sign, we will happily provide them with this. The lender may make a small charge to cover administrative costs. We can help to provide you with buy to let mortgages with our Independent Mortgage advisor lan Gage.

INSURANCE

As landlord you are still responsible for the building and accordingly the buildings insurance. Please note buildings insurance will not cover the costs if replacing or repairing carpets if they become damaged, it does however cover fixtures and fittings. If the property is furnished or part-furnished you may also wish to consider contents insurance. We can arrange your landlords insurance for you this will cover you for Property owners liability, employers liability and Buildings Insurance, there is the option for cover of limited contents up to £5,000. In this age of litigation this covers upto £10 million & £5 million is essential to protect your assets.

TAX

Income received from renting any property is subject to tax (we strongly recommend that you take advice from your accountant). Expenses incurred can be set against this liability (see enclosed leaflet) as can the interest paid on the mortgage

Overseas Landlords: Up until April 1996 landlords who moved out of the United Kingdom had to have tax deducted by their agents. Now however a landlord can apply for an exemption certificate from the Inland Revenue (we can supply the application forms). If you are awarded exemption we can send all the rent money to yourself (a copy of the exemption certificate must be held by ourselves) without making a deduction for tax.

EMPTY PROPERTY

The Agreement you signed when the property was put on our books does not cover periods when the property is vacant. If you are concerned about the property and want us to manage it while it is empty you must inform us of this and we can make arrangements to do so (there will be an extra charge for this service).

KEYS

We would normally require two sets of keys to the property, one will be handed to the tenant on occupation, the other will be retained in our office for emergencies. Note:: if you wish to use or collect these keys at any time - you must bring proof of identification as a security measure.

FINALLY

If you do have any problems, feel free to contact us - we are here to help. LANDLORD INFORMATION.

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