Advice for tenants
This information aims to give tenants important information on matters relating to an application on a property so they know what is happening while their application is processed and can prepare for moving into the property and know what is expected when they eventually leave the property at the end of the tenancy.
Reserving a property
When applying for a property a holding deposit will need to be paid to reserve the property whilst reference checks and preparation for a tenancy agreement are undertaken. This amount will be the equivalent of 1 weeks rent and will form part of the advance rent upon entering into a tenancy agreement. Once the holding deposit is paid the property will be reserved and all advertising stopped.
Referencing
All persons over the age of 18 and residing at the property as their main residence will need to be referenced whether or not they are to be named as tenants. Our referencing is carried out by an independent professional referencing company and includes all the personal, credit, landlord and employment checks to determine their ability to act as a responsible tenant, capable of meeting their commitments as set out in the tenancy agreement. If an applicant is on a temporary or low hours contract, have been self employed for less than 3 years or have any adverse credit they may need a guarantor in order to proceed.
When an application is made to rent a property, a copy of our General Information for Tenants (GIFT) and declaration will need to be signed and returned to us along with the completed application form and requested ID. A full application pack can be collected from our office or emailed
Guarantors
In certain cases a guarantor must be provided at the start of the tenancy and the same guarantor or a replacement must stay as guarantor for the tenancy for as long as it continues. The guarantor must also complete an application form and undergo referencing.
Deposit
Before moving into the property tenants will need to pay the long term security deposit which is the equivalent to 5 weeks rent. Our office will advise the exact amount in relation to the property a tenant is applying for
If the tenancy is to be an Assured Shorthold Tenancy (AST) then the deposit will be registered in accordance with the Tenancy Deposit Protection regulations which came into force in The Housing Act 2004 and were further amended by The Localism Act 2011.
Tenancy Agreement
The tenancy agreement will be drawn up for a period of time agreed with the tenants, though the initial term will usually be 6 or 12 months. Provided the tenancy has been conducted satisfactorily and if the landlord is prepared to renew the tenancy at the end of the initial fixed period the tenants may be offered a renewal. If this happens then depending on the landlord's instructions to us we will discuss this with the tenants and then ask them to sign a new tenancy agreement and any other necessary formal papers. This process will be repeated every time a new tenancy agreement is completed. It is not compulsory to renew your tenancy and sign for a further fixed term if you do not wish, once the initial fixed term ends, it automatically turns to a periodic tenancy, meaning month by month rollover.
When tenants can leave
The tenancy agreement is a legally binding contract; it is for a fixed duration and tenants cannot simply give notice at any time to vacate before the expiry date. If for any reason tenants do vacate the property before the fixed term end date, whether with or without their landlord's consent, they will legally remain liable for the rental payments and council tax to the end of the fixed term. Tenants will also be liable for any out of pocket expenses borne by the landlord as a result of the property needing to be re-let prematurely and this figure will be quoted to the tenants at the time if early vacating should occur for any reason
Unless there is a break clause in the tenancy agreement allowing early release from the tenancy at a specific date before the original intended tenancy end date, tenants are only legally entitled to give notice to leave the property once the tenancy has become what is called periodic. This means the end of tenancy date as stated in the tenancy agreement has already passed. Notice has to be given in line with rent payment date stated on the tenancy agreement.
Contents Insurance
Tenants are strongly advised to have their own contents insurance for personal possessions. These items will not be covered by the landlord's insurance if the property is broken into or subjected to flooding, fire etc. More importantly having a tenant's contents policy will enable tenants to cover the landlord's goods against accidental damage by them and will also provide tenants with public liability cover which is essential should a substantial claim ever be made against them for damage or injury occurring at the property to another person or their own property.
Neither Castle Estates nor the landlord can accept any liability for a tenant's failure to have their personal possessions fully insured, protection against accidental damage to the landlord's goods, or a lack of public liability cover. Tenants need to have a tenant contents policy in place to protect them as not only do they get the benefits outlined above, but a tenants contents policy will also meet costs for alternative accommodation should the property ever become uninhabitable for any reason, and the tenants need to vacate while remedial works are completed.