A Tenants Guide To Renting With Fisks
APPLICATION & REFERENCING
After you have viewed the property and expressed your interest in going forward with our application process, you will be given an application form to fill in (one separate form to be completed by each tenant). We will use the information contained within this application form to propose you as a potential tenant to the landlord. Once the landlord has approved your application, we will proceed to formal referencing through our ARLA recommended referencing company.
Our referencing company will contact you directly via email and phone requesting the relevant information. References will include a credit check, employer's reference and a previous landlord's reference along. You may also be required to provide additional information such as bank statements, proof of benefits etc to support parts of your reference. If any of your reference replies are not satisfactory, as security for your landlord, a guarantor may be required. Any guarantor will also need to be referenced.
PROVING YOUR RIGHT TO RENT IN THE UK
We will need to confirm your Right To Rent in the UK, which is legally required for all tenants and permitted occupiers (a person over the age of 18 who will be residing in the property with the tenant but who will not contributing to the rent). Proof of your right to rent can be confirmed by providing us with a clear copy of a UK passport, or a UK driving licence together with your birth certificate. If you do not have any of these documents, you will need to speak to us regarding other methods of proving your right to rent. If you are not a British national, you can use the Home Office’s website to provide us with a share code that confirms your right to rent in the UK.
THE MOVE-IN PROCESS
Once you have passed referencing, a suitable move in date will be discussed with you and agreed. You will be given the opportunity to read a draft tenancy agreement for your information. The balance of the first month’s rent and security deposit (usually a sum equal to 5 weeks rent) will then need to be transferred to our secure client account as cleared funds prior to the commencement of the tenancy. In the event the property you have applied for is being managed by the landlord, you will be asked to send the first month’s rent to our secure client account and the security deposit to the landlord’s bank account, as it will be the landlord’s responsibility to log the deposit with an appropriate deposit protection scheme.
A tenancy agreement will be sent to you to sign prior to the move in date along with a copy of the latest Government How To Rent Guide, the relevant deposit scheme’s prescribed information form and terms and conditions, a copy of the gas safety certificate (if applicable), the electrical installation condition report (EICR) and a copy of the energy performance certificate (EPC). A Deed of Guarantee will also need to be signed by the guarantor in the event one is required.
An inventory and schedule of condition report will be compiled and sent to you prior to the move in. This needs to be checked and signed by the tenant and returned to us. Once the move in has taken place, tenants should check the condition of the property against the inventory and raise any issues or amendments with Fisks/landlord (depending on who is managing the property). Tenants have 7 days from the date they move in to raise any amendments to the inventory; after this time, the report will be considered accurate.
MANDATORY INFORMATION
Security Deposit
The Tenant Fees Act 2019 provides for a deposit of no more than 5 week’s rent. Your landlord or agent is required to protect your security deposit within 30 days of the commencement of the tenancy.
There are three schemes, The Deposit Protection Service, The Tenancy Deposit Scheme and Mydeposits. You should also be provided with prescribed information at the commencement of the tenancy informing you how and where your security deposit has been protected including details of the Alternative Dispute Resolution Service. When you have received the relevant information from your landlord, you will be able to contact their chosen scheme to check that your deposit has been protected.
At the end of the Tenancy, the Landlord or the Agent and tenant should agree any deductions from the deposit in addition to any pre agreed contracted deductions and request disbursement of funds. In the event that an agreement cannot be reached within 30 days, the case should be referred to the Alternative Dispute Resolution Service.
How To Rent Guide
This is the official Government guide to renting, it is updated periodically and the current version has to be given to the tenant before they sign a tenancy agreement.
Energy Performance Certificates 2008
From the 6th of October 2012 prospective Tenants must have the opportunity to see a valid Energy Performance Certificate prior to agreeing and signing a new Tenancy. The Energy Performance Certificate will be valid for 10 years. This certificate provides an indication as to the efficiency of the insulation and heating system within the property and therefore the CO2 emissions. The certificate is rated from A (best) – G. A rental property cannot be let unless the property scores an E or above (as of Nov 2019).
The certificate also provides suggestions as to how the rating can be improved and what the potential rating can be.
The certificate can only be issued by a Government approved Energy Performance Assessor and once issued is logged onto a public website for all visitors to see.
Electrical Installation Condition Report (EICR) 2020
As of the 1st June 2020, new regulations were introduced by the government making it a legal requirement for landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at an interval of at least every 5 years. These standards are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671. Landlords are required to provide a copy of the EICR, and confirmation of any subsequent remedial work completed that resulted from the EICR (if applicable), to their tenants, and to their local authority if requested.
The Gas Safety (Installation And Use) Regulations 1998
These regulations apply to all domestic properties and make it mandatory for Landlords to have all gas pipe work, equipment and appliances safety checked by a GAS SAFE registered gas engineer on an annual basis. This includes such items as gas fires, central heating boilers, gas cookers and other gas appliances. It also insists that flues and chimneys are clear of obstructions and in the correct place.
A Landlord’s Gas Safety Record must be provided to the tenants prior to the tenancy commencement. In addition, these documents and details of any work carried out must be recorded and kept. Any items that fail to comply with the regulations must be fixed or removed immediately. This certificate will need to be renewed every 12 months and access to the premises will be required during your tenancy.
SAFETY REGULATIONS
The Furniture And Furnishings (Fire) (Safety) Regulations 1988 (As Amended In 1989 And 1993)
The original regulations introduced in 1988 ensured that all manufacturers, importers, suppliers and upholsterers of soft furnishings and furniture only supply items that use fire retardant filling materials and fabrics. In addition, all furnishings sold or supplied must carry a permanent label. The amendments in 1993 included furniture supplied in rented accommodation. The regulations apply to the following items: beds, mattresses, sofas, armchairs, nursery furniture, cushions, seat pads, pillows and loose and stretch covers for furniture. Items of furniture made prior to 1950 are termed as antiques and as such are excluded from the regulations.
The Electrical Equipment (Safety) Regulations 1994
These regulations require that all Electrical equipment left at the property be ``safe and of no risk or injury to people or pets``. They should be checked that flexes, fuses and electrical output are safe and correct. Items that must comply are all portable electrical items such as electric cooker, fridge’s, washing machines, kettles, toasters etc.
TENANCY INFORMATION
Inventory And Schedule Of Condition
A report showing the condition of the property including photographs to enable a judgement to be made when the tenancy ends and the deposit is requested to be returned. The inventory will list all items that are included in the tenancy and that need to be left when the tenancy ends. The condition of the property and items is noted and used as evidence if a dispute arises. The report needs to be issued for each new tenant and is used at the end of the tenancy to confirm meter readings and keys etc.
Once Your Tenancy Has Commenced
Any queries or problems you may encounter during the term of the tenancy or any repairs or maintenance that need to be carried out, must be reported to your landlord or agent as soon as possible. The landlord or agent will carry out periodic inspections during your tenancy, they are usually about once every six months. Besides these periodic inspections, the landlord or agent must not disturb you or breach your legal entitlement of quiet enjoyment of the property during the tenancy. When an inspection is due a minimum of 24 hours’ notice must have lapsed before the appointment.
At The End Of Your Tenancy
Before vacating the property, you should check that any breakages or items damaged during the tenancy are replaced or repaired before the final check out. Using the inventory supplied on move in use this document to bring the property back to the condition when you moved in. This is subject to fair wear and tear.
GENERAL INFORMATION
Tenant’s Insurance
Your landlord is responsible for providing building insurance – this insurance will not include tenant’s personal belongings, which need separate cover to be arranged by the tenant.
Rent Payment
All rent is payable in advance, whether demanded or not, normally by standing order. In the event that you fall into arrears on payment of rent during your tenancy, appropriate steps will be taken to recover all outstanding monies including interest. This could involve action being taken against you in a Court of Law and may result in you being served by the Judge with an Order for Possession, which will result in you being required to vacate the property. In addition, if legal action is taken against you, legal costs may be incurred by you.
Keys
All named tenants should receive a set of keys and fobs and should be detailed in the inventory. It is the tenant’s responsibility to safeguard the keys and if lost are to be replaced at the tenant’s cost.
Television License
It is your responsibility to obtain a television license.
Mail Redirection
The Post Office offers a service to redirect your mail, which we recommend you arrange prior to vacating the property for the term of the Tenancy. You should also inform your bank, employers, friends and family who are likely to write to you and inform them of your new address.
It is not the Landlord or the agent’s responsibility to redirect or collect your mail after the tenancy.
Burglary
It is the tenants responsibility to insure the property is secured at all times however Should the property be burgled during the tenancy you should immediately contact the police, make a note of their Crime Reference Number and contact your Landlord or agent at the first possible opportunity.
Repairs
These guidelines provide basic details on what is considered to be an emergency fault, which should be dealt with immediately.
EMERGENCY GUIDELINES
These guidelines provide basic details on what is considered to be an emergency fault, which should be dealt with immediately in case they could:
- Damage or cause further damage to the home.
- Render the home unsafe or insecure.
Burst Pipes
Turn off the water supply at the stopcock and use containers to try and catch the water. If the water is affecting the electricity, switch off the supply at the mains. Contact an emergency plumber.
No Water Supply
The water authority may have turned off the supply in your area. Quite often the cold water tap in the kitchen is linked directly to the mains, so try running it.
If there is no supply from this tap then it is likely the supply has been stopped and you should contact the emergency authority number.
Gas Leaks
If you can smell gas, switch off the supply at the mains or meter, contact Transco on 0800 111 999 immediately and follow their advice.
Fire
In the event of a fire, contact the Fire Brigade without delay and follow their advice.
PLEASE NOTE:
The information contained in this document is intended only as a guide and is by no means exhaustive. If you have any questions about renting a property, please do not hesitate to contact your local Fisks branch.