INFORMATION FOR PROPOSED TENANTS
Permitted Payments and Tenant Protection Information
As well as paying the rent, you may also be required to make the following permitted payments.
Permitted Payments
For properties in Wales, The Renting Homes (Fees etc.) (Wales) Act 2019 means that in addition to rent, lettings agents can only charge tenants the following permitted payments
- Holding deposits: Equivalent to 1 weeks rent, to reserve the property during the reference process. This deposit can be retained if the tenant provides false or misleading information to the letting agent/landlord, or if the tenant decides to withdraw before the Deadline for Agreement. However, once a successful reference has been obtained, the holding deposit will be put towards the first month’s rent.
- Security deposits; A Security deposit is equivalent to 5 weeks rent.
- Where required, utilities (electricity, gas or other fuel, water, sewerage), communication services (telephone, internet, cable/satellite television), TV licence, Council tax (payable to the billing authority)
- Release fee for ending your tenancy early (if agreed): £150.00 for managed tenancies and £250 or 1/2 a month’s rent (whichever is the greatest) for let only tenancies (rent is required until the new tenancy starts).
- Late/Unpaid Rent – Payments for the late payment of rent; Rental payments overdue by more than 7 days will be subject to interest at the rate of 3% over the Bank of England Base Rate calculated from the date the payment was due up until the date payment is received
- Loss of keys/security devices – Tenants are liable for the cost of replacing any lost key(s) or other security device(s). If the loss results in locks needing to be changed, the actual costs of a locksmith, new lock and replacement keys for the tenant, landlord any other persons requiring keys will be charged to the tenant. If extra costs are incurred there will be a charge of £15 per hour for the time taken replacing lost key(s) or other security device(s).
- Early release – Early release fee for ending your tenancy (if agreed with landlord): £150.00 for managed tenancies and £250.00 or 1/2 a month’s rent (whichever is the greatest) for let only tenancies (rent is required until the new tenancy starts).
- Wasted Pre arranged contractor/staff visits- £35.00
Tenant Protection
Samuel Francis & Co is a member of the Property Ombudsman, which is a redress scheme and licensed under Rent Smart Wales number #LR-75000-75052.
Referencing Process & Right to Rent Checks
A Pre-Tenancy Questionnaire is supplied prior to ordering referencing. You will be required to supply information regarding employment status, income, credit information, most current landlord details, proof of address, original photo I.D, pet and smoking status.
On supplying this information, you will be authorizing Samuel Francis & Co to pass your details onto a third-party reference company. There are no fees connected to the tenant for the referencing process.
Guarantor Requirements
If a guarantor is required, which may not become apparent until your referencing has been completed; they will need to complete an application form. In addition, provide photographic identification and proof of residence, along with standard referencing which covers employment status and salary checks, confirmation of previous tenancy details, right to rent checks, and credit history. There is no charge relating to this.
Holding Deposits
A holding deposit is taken in order to secure the property during the reference process. It also serves as a guarantee to the tenant that the landlord will hold for them pending a successful reference. This is payable in advance in Cash, bank transfer or cleared funds if paid by personal cheque. The company bank details will be passed to tenants prior to move in.
A Holding Deposit is equivalent to 1 weeks rent. Calculation – Monthly rent divided by 4.35
This can be retained if the tenant provides false or misleading information to the letting agent/landlord. The letting agent/landlord is reasonably entitled to consider in deciding whether to grant the tenancy as a result.
If the tenant decides to withdraw before the Deadline for Agreement.
If the tenant fails to take all reasonable steps to enter into a tenancy agreement by a given date
However, once a successful reference has been obtained, the holding deposit will be put towards the first month’s rent
Moving In
On receipt of a successful reference, a suitable move in date is agreed, the tenancy agreements prepared along with a full inventory recording the condition of the property.
When a Tenancy has been granted, the necessary monies, as listed below, must be paid by cleared funds, by the agreed moving in date.
First Month’s Rent: Payable in advance in either Card, bank transfer or cleared funds if paid by personal cheque. The company bank details will be passed to tenants prior to move in.
Deposit: Equivalent to five weeks rent. Payable in advance in either cash, bank transfer or cleared funds if paid by personal cheque. The company bank details will be passed to tenants prior to move in. The deposit will be returned at the end of tenancy, providing there is no breach of tenancy as stated in the tenancy agreement, no outstanding rent or bills, and the property is clean and tidy with no damage above wear and tear.
If the property is managed by Samuel Francis & Co the deposit is protected under a government authorized scheme, DPS (The deposit Protection Service).
TENANT’S OBLIGATIONS
PLEASE NOTE: These are the things that the tenant agrees to do or not to do. It is important for the tenant to understand what he must or must not do. If the tenant breaks, or does not comply with any of these obligations, the landlord may be entitled to claim damages or compensation from the tenant, or to seek other legal remedies against the tenant, including the possibility of eviction.
The tenant(s) agree(s) to the following:
GENERAL LIABILITIES, SERVICES AND UTILITIES
As joint and several tenants to be responsible and liable for all obligations under this agreement
To pay the rent, whether formally demanded or not, and all other sums due to the landlord on time.
Payments by other persons on behalf of the tenants will be considered as if payments from the tenants.
The landlord reserves the right to charge interest (calculated from day to day) at 3% over the Bank of England base rate on late payments and the landlord may recover the interest as though it were rent.
To occupy the premises as the tenant’s only or principal home.
The Tenant must ensure that the property is in the same safe condition as it was at the start of the tenancy. If repairs are needed as a result of negligence or significant breach of this agreement, or miss- use by the tenant or his invited guests or visitors, then they will be held liable for the actual cost of the repairs.
To be responsible for payment of Council Tax (or any other similar charge replacing the Council Tax) during the tenancy in respect of the premises or, if the landlord pays it, to reimburse the landlord.
To be responsible for the payment of all associated charges in respect of the use and supply at the premises during the tenancy of any telephone service, of electricity, gas, oil and any other relevant fuels, water and environmental services etc.
Where the premises are served by a septic tank or cesspit, to be responsible for the reasonable costs of emptying or clearing such facilities, as required, during the tenancy.
To notify, at commencement of the tenancy, the local authority responsible for the collection of Council Tax and the suppliers of such services or utilities of the tenant’s liability for their charges and to have all such accounts transferred into the tenant’s name for the duration of the tenancy.
Where the tenant allows, either by default of payment or by specific instruction, the utility or other services to be cut off, either during, or at the end of the tenancy, to pay or be liable to pay, the costs associated with reconnecting or resuming those services.
Not to tamper, interfere with, alter or add to the gas, water or electrical installations or meters, either in or serving the premises.
Not to have or allow a key meter to be installed or any other meter which is operated by the insertion of coins, or a pre-paid card, or key, without the prior consent of the landlord or his agent which will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.
Not to change the supplier of the domestic utilities or services referred to in the above clauses without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, the tenant undertakes to promptly provide the landlord or his agent with full details of the new supplier and account numbers etc. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.
Not to change or transfer any existing telephone number at the premises without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld.
Where such consent is given, the tenant undertakes to promptly provide the landlord or his agent with the details of the new number and, at the request of the landlord, pay the telephone companies reasonable standard costs of storing the landlord’s number for re-use at the end of the tenancy. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)
If the tenant brings into the premises any gas appliance(s), he must ensure they are safe to use and are properly connected to the appropriate pipework in the premises by a suitably qualified Gas safe registered engineer and to immediately stop using and remove any such gas appliance which is, or becomes known to be, unsafe or dangerous to either the occupants or the premises.
Where the tenant is notified prior to commencement of the tenancy, in writing or by the provision of copy documents, of any agreements or restrictions contained in any superior or head lease affecting the premises which may bind the landlord (and his tenant) in the use or occupation of the premises, not to break such agreements or restrictions.
Not to use the premises, or knowingly allow it to be used, for illegal or immoral purposes and that includes the use of any illegal drugs which are or become prohibited or restricted by statute.
For the duration of the tenancy, to pay the appropriate terrestrial television licence fee, cable television or satellite television charges (if any) for the use of any television, or associated broadcast receiving equipment (if any) on the premises.
To use the premises only as a single private residence for the occupation of the tenant and not to carry on any formal or registered trade, business or profession there.
Not to sublet, take in lodgers or paying guests without the landlord or his agent’s prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.
Not to assign the tenancy of the premises or any part of it without the landlord’s prior consent, which will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) The tenant will be liable to pay for “actual costs/losses as evidenced by invoice or receipt in arranging any assignment granted.
As quickly as is practical after receipt, to send to the landlord or his agent any formal or legal notice or orders or other similar document delivered to the premises by a third party which relate to, or might significantly affect, the premises, its boundaries or adjacent properties.
To pay, or be liable to pay, the reasonable net costs incurred by the landlord, or his agent or professional advisers, in successfully enforcing or remedying a notable breach of, or significant failure to comply with, the obligations of the tenant under this agreement.
To be liable at any time to reimburse the landlord or his agent any sums which the landlord or his agent is required to repay to the local authority in respect of Housing Benefit which has been paid direct to the landlord or his agent on behalf of the tenant, and accepted in good faith, but is subsequently shown to have been paid incorrectly or as a result of fraud, error or ineligibility of the tenant.
INSURANCE
(For the avoidance of doubt, the tenant’s belongings, furnishings or equipment within the premises are his and are not covered by any insurance policy maintained by the landlord)
In the event of loss or damage by fire, theft, attempted theft, impact or other causes to the landlord’s premises or its contents, to promptly inform the authorities as appropriate and the landlord or his agent as soon as is practicable. Subsequently to provide, as soon as is practicable, full written details of the incident in order for the landlord or his agent to assess whether to make a claim on any relevant insurance policy.
Not to deliberately do anything, and to take reasonable and prudent steps not to allow anything to be done by invited guests or visitors, which leads to devastation, harm or ruin of the premises or its contents.
To reimburse the landlord for evidenced “actual costs and or losses” on an excess sum, payable under the landlord’s insurance policy for each and any claim on the landlord’s policy resulting from any action or inaction on the part of the tenant, his invited visitors or guests in breach of this agreement.
Before leaving the premises empty or unoccupied for any continuous period in excess of 14 days, to notify the landlord or his agent in advance and to fully co-operate and comply (and bear the fair cost of such compliance) with any reasonable requirements or conditions relating to the security or safety of the premises and its contents whilst being left empty or unoccupied.
Not to change any burglar alarm codes (if any) without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. Where such consent is given, to promptly provide the landlord or his agent with the relevant new code. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)
Not to change, alter, add to or otherwise damage any locks or bolts on the premises (except in the case of an emergency) without the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.) Where any new or additional locks or bolts are fitted to the property, to promptly provide the landlord or his agent with an appropriate set of keys.
To take adequate precautions to keep the premises, including its external doors and windows, locked and secured, and any burglar alarm set, when the premises are empty.
During the tenancy, to take such reasonable precautions expected of a householder to keep the premises free of infestation by vermin, rodents or animal fleas. Where such infestation occurs as the result of action or inaction on behalf of the tenants, to be responsible for the Actual costs as demonstrated by an invoice in fumigating and cleaning any affected parts as appropriate and for rectifying and or removing the causes of such an infestation.
Not to dig up, or cut down, any trees, shrubs or bushes or timber (if any), except with the landlord’s prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)
To cut the grass (if any) of the premises with an appropriate garden mower as necessary from time to time to keep the grass in, or bring about, a neat and tidy condition. Furthermore, to keep the patio areas (if any), paths, garden areas, lawns, flower beds, shrubs or bushes and borders (if any) as tidy, weed free and cultivated, as at commencement of the tenancy.
USE OF THE PREMISES, FIXTURES AND FITTINGS IN A TENANT LIKE MANNER
These clauses should not be taken as an exhaustive list.
To take reasonable and proper care in the use of the premises, its fixtures and fittings and not to deliberately damage or alter the premises, its décor, fixtures and fittings either internally or externally.
At least once every nine-months of the tenancy to have any working chimneys, made use of by the tenant, swept by an appropriate person and retain a suitable record, receipt or invoice to demonstrate compliance with this clause.
To clean or have cleaned both internally and externally all reasonably accessible windows of the premises as necessary during the tenancy, and within one month prior to the end of the tenancy.
Where the tenant, his invited guests or visitors are responsible by any action for any cracked or broken windows or door glass on the premises, to promptly repair or replace such glass to the required specification and be liable for the costs involved.
To take care not to cause an overload of the electrical circuits by the inappropriate use of multi socket electrical adaptors or extension cables when connecting appliances to the mains electric system.
To take care to replace or have replaced appropriately, light bulbs, fluorescent tubes, fuses etc. as and when necessary during the tenancy and to ensure that all light bulbs, fluorescent tubes, fuses are in place and in working order at the end of the tenancy.
To test at regular intervals any battery operated smoke alarms fitted in the premises and replace any battery in an alarm, which is found not to be working. If the alarm is not working after the fitting of a new battery, to promptly inform the landlord or his agent.
To be responsible for unblocking or clearing stoppages in any sink, or basin, or toilet, or waste pipe which serve such fixtures if they become blocked with the tenant’s waste, or as a result of the actions or inactions of the tenant (or his invited visitors or guests) in breach of obligations under this agreement.
Not to alter the appearance or decoration or structure of the premises or its fixtures or fittings either internally or externally without first obtaining the prior consent of the landlord or his agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the tenant obtain confirmation in writing of any such consent granted.)
To take care not to put, or allow to be put, any damaging oil, grease or other harmful or corrosive substances into the washing or sanitary appliances or drains within the premises.
To notify the landlord or his agent as immediately as is practicable of any defect, damage or disrepair which develops or occurs at the premises which might be, or might reasonably be expected to become, a hazard or danger to life or limb or to the fabric of the premises itself. The tenant must not carry out or authorise repairs himself except to take reasonable steps in an emergency to restrict or diminish such immediate dangers or damage.
Not to keep on, or bring into the premises, any inflammable or other material or equipment (apart from properly stored fuel or similar material in quantities appropriate for normal domestic use) which might reasonably be considered to be a fire hazard, or otherwise dangerous to the premises or the health of its occupants or of the neighbours.
Further Information
Should you require any further information, please contact: The Rental Department on 01446 731188 or e-mail dan.watts@samuelfrancis property.co.uk
