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Landlords
& Tenants FAQ's
Are there
any rules about what comes with a property if it is
fully furnished, part-furnished or unfurnished?
No, there are no strict rules but both expectations and
reality can vary in different areas of the country and
even within different niche sectors within local markets.
Generally, a property offered as ‘fully furnished’ would
come with all the main fixtures, furnishings and fittings,
white goods etc., plus the standard crockery, cutlery,
glassware, pots and pans etc., that a reasonable tenant
would normally use on a day to day basis.
At the other end of the scale, an ‘unfurnished’ property
would normally be provided only with such basics as carpets,
curtains and light fittings.
Clearly, there are infinite variations between these
two extremes of what might be included. Therefore, the
critical aspect, whether you are a landlord or tenant,
is to make sure that everyone clearly understands what
main items are, or are not, included before finalising
the tenancy agreement.
What about safety regulations for rented property?
There are specific legal obligations
and responsibilities on a landlord with regard to fire
safety for furniture & furnishings;
gas supply and appliances plus electrical wiring and
appliances. Albert Hall Estates will be happy to go through
all the safety regulations with you.
What about insurance?
Landlords and tenants should take care to review any
existing policies when renting or letting a property
for the first time as some standard insurance products
will either not provide cover, or might place restrictions
on cover, for rented property and/or its contents. A
failure to inform your insurer that you are renting/letting
a property could invalidate any subsequent claim. It
is for a landlord to insure the building and his/her
contents, fixtures and fittings. The tenants are responsible
for insuring any of their own possessions. There are
various specialist insurance products designed for landlords
and tenants and rented property.
What about an inventory/schedule of condition?
This is an absolutely essential document that provides
a written benchmark which should be amended, updated
and recreated before the beginning of each new tenancy.
A properly constructed Inventory/Schedule of Condition
details the fixtures and fittings and describes their
condition and that of the property generally. It is a
document that helps protect the interests of both landlord
and tenant.
What is a tenancy agreement?
A tenancy agreement is a legally binding contract between
a landlord and tenant that sets out both the legal and
contractual responsibilities and obligations of the two
parties. It should be written in plain, intelligible
language with no unnecessary jargon. Its terms and clauses
should be fair and balanced, taking account of the respective
positions of the parties and should not mislead about
legal rights and responsibilities.
What kind of tenancy agreement will be used?
The most common form of tenancy
agreement used is an ‘Assured
Short hold’ (an AST) under the 1988 Housing Act
(amended 1996). This type of tenancy offers the most
flexibility to both landlord and tenant; has straightforward
notice procedures for bringing the tenancy to an end
and a special Accelerated Possession court procedure
should tenants fail to vacate. If certain specific conditions
are met relating to the proposed letting, a ‘contractual’ non-housing
act tenancy must be created. One example of this would
be what is commonly referred to as a Company Let where
the tenant is a bona fide registered company, another
would be where the annual rent equates to over £25,000.
Joint and several – what
does that mean?
Mostly, where there is to be more
than one (adult) person living in the property, the tenancy
will say they are “jointly
and severally” responsible. This expression means
that, jointly, the tenants are liable for the payment
of all rents and all liabilities falling upon the tenants
during the tenancy, as well as any breach of the Agreement.
Individually each tenant is responsible for payment of
all rent and all liabilities falling upon the tenant,
as well as any breach of the Agreement until all payments
have been made in full.
What about the tenancy deposit?
It is quite a common requirement for a deposit of
an amount equivalent to between four to six weeks rent
to be required to be held during the tenancy against
the satisfactory performance by the tenant of all the
various obligations under the tenancy agreement; but
mainly, those relating to the cleanliness and condition
of the property. Under legislation which came into
effect on 6 April 2007, any landlord or agent who takes
a deposit from a tenant(s) for an Assured Short hold
Tenancy must safeguard it in an approved tenancy deposit
scheme. Albert Hall Estates is signed up to the Tenancy
Deposit Scheme run by an independent organisation called
The Dispute Service (TDS). This means that at the end
of the tenancy, in the event of an unresolved dispute
or stalemate over the allocation of the deposit, it
can be referred to the scheme for a prompt, independent,
third party adjudication, thus providing a resolution
which is fair to both landlord and tenant.
What
is a ‘break-clause’?
This is a clause sometims inserted in a fixed term tenancy, typically if the
initial fixed-term is for a year or more. A break clause will usually be worded
in such a way as to allow either landlord, or tenant to give two months written
notice at any stage after a particular date or period of the tenancy, thus terminating
the tenancy earlier than the end of the original fixed term.
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What
happens if either party (landlord or tenant) unexpectedly
wants to end an existing tenancy early?
There are only limited ways in which this can happen;
the landlord cannot make the tenants move out, nor can
the tenants lawfully walk away from their obligations
to fulfil the contract. Either party might request of
the other that a formal “surrender” of the
tenancy be allowed. It would then be up to the parties
to agree the terms and conditions of such surrender.
This might include some financial compensation for inconvenience,
or costs incurred.
How often can the rent be put up?
In general terms, rent of an existing tenancy can only
be increased once every twelve months. Where an Assured
Short hold Tenancy holds over as a Statutory Periodic
Tenancy, a specific prescribed form (a Section 13 notice)
must be used to notify tenants of a proposed increase
in the rent. It is usual, if creating a longer fixed
term tenancy at the outset (or one with a binding option
to renew), to include a clause that allows for an increase
of the rent on an annual basis, typically linked to,
or as a multiple of, something like the Retail Price
Index (RPI), or similar.
What about rights of access
to the property – what
are the rules?
A landlord, or his agent, or someone authorised to act
on his behalf has a right to view the property to assess
its condition and to carry out necessary repairs, or
maintenance at reasonable times of the day. The law says
that a landlord, or agent must give a tenant at least
24 hours prior notice in writing (except in an emergency)
of such a visit. Naturally, if the tenant agrees, on
specific or odd occasions to allow access without the
24 hours prior written notice, that is acceptable. A
clause in the tenancy agreement which tries to diminish
or override a tenant’s rights in this respect would
be void and unenforceable. Repairs & maintenance
issues A landlord, in very general terms, has a legal
responsibility to repair the structure and exterior of
the property, including drains, gutters and external
pipes; to keep in working order the installations for
the supply of gas, electricity and water; and for the
installations for the provision of space and water heating.
The landlord also has other legal responsibilities relating
to the safety of such items as gas, electricity and furnishings,
as well as the general standard or fitness of the property
for habitation.
A tenant has an implied covenant to act in a ‘tenant-like
manner’. Broadly, this means to report disrepair
promptly; to take reasonable steps to ensure that neither
the tenant nor guests damage the property, its fixtures
and fittings; to do the minor day-to-day things any home-occupier
would normally do e.g. replace light bulbs, fit a new
battery in a smoke or CO2 detector, tighten an odd screw
which has come loose on a door handle etc; to keep the
property reasonably warm and aired to help prevent condensation,
or freezing of pipes; to leave the property secure when
absent from it; to keep the garden and other areas reasonably
tidy and free from rubbish.
Are tenants entitled to know the name and address of
their landlord?
Yes. There are several bits of law covering this and
it is a criminal offence for an agent (or whoever is
collecting the rent) to fail to provide, without reasonable
excuse, this information within 21 days of formal written
request by the tenants.
What about renewals (re-let) and extensions of a tenancy?
This is a very common situation and Albert Hall Estates
will normally negotiate between the parties and prepare
the necessary formal documentation for a replacement
tenancy, or fixed-term extension.
How is a tenancy terminated?
The law around ending a tenancy is relatively straightforward
as long as the right timescales and procedures are followed,
along with the use of the correct format of notice. The
timescales, procedures and format will vary dependent
upon the type and the status of the tenancy at the time
you wish to end the tenancy.
What happens if the tenant
doesn’t move
out after the end of a tenancy?
First, try to establish quickly the reasons why. However,
if a tenant does not move out after a tenancy has been
lawfully terminated then the landlord can apply to the
Courts for a possession order. Under the Accelerated
Possession Procedure (which can be used where the tenancy
was an Assured Short hold), the process is usually fairly
quick and inexpensive.
What about Energy Performance Certificates (EPC)?
An Energy Performance Certificate is now compulsory,
and must be in place before any tenancy can be started.
We are more than happy to arrange one on your behalf.
Disclaimer: the
brief information outlined above is believed to be
accurate, It should not, however, be relied upon in
place of formal legal advice. It is not intended to
be a comprehensive or complete interpretation of the
law and landlords and tenants should take all necessary
steps to ensure they fully understand their obligations
and responsibilities. |
Tenant Information
At Albert Hall Estates we believe that
it is essential to communicate effectively and will always
offer honest impartial advice to our tenants throughout
the tenancy. We are able to offer a professional service
to individuals, companies and relocation agencies.
If you are interested in renting through Albert Hall Estates
please call on 020 7731 0220 or e-mail: james@alberthallesates.co.uk
Requirements
Before you rent a property through
Albert Hall Estates, we will take up references on behalf
of the landlord which will normally include an employer’s reference, any
former landlord, a bank reference and an additional Guarantor to
underwrite any rent liabilities.
You will be required to pay a deposit against damages together
with 4 week's rent in advance. Many tenants are concerned
about their security deposit. By renting through us, your
deposit will be protected by the Tenancy Deposit Scheme
(TDS) operated by an independent body which ensures that
only legitimate claims are made against deposits. The TDS
also offers a dispute resolution service for cases where
parties are unable to reach an agreement.
Documentation
Our tenancy agreements have been carefully drafted using
plain English and will clearly state what type of tenancy
you have and which party carries which responsibility.
It is important that you read your tenancy agreement thoroughly.
If you are unsure of anything, one of our team will be
happy to assist you. All documentation will be carefully
explained to ensure you fully understand the legal implications
before signing the tenancy agreement and committing to
the tenancy.
It is important that you attend the inventory check-in
so that can agree to any amendments. We recommend you keep
the check-in and your tenancy agreement in a safe place
as these form the basis for any claims for damages at the
end of the tenancy.
Looking after the property
Your landlord is liable for most maintenance and repairs
to the property but it is your duty to notify us of any
problems you notice. Routine housework such as cleaning,
gardening, renewal of light bulbs will be your responsibility.
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