Tenants Guide
What You Need to Know
The process of finding you a suitable accommodation starts with an initial consultation where we discuss your preferences, budget, and location. It is important to specify whether you have kids or pets or that you are a smoker. Our letting department will have a short list of properties ready for you to view and should you want to proceed further and make an offer, we will do our best to negotiate and secure the property for you to move into in no time, subject to contract and satisfactory references. Rent is calculated on a calendar monthly basis consisting of the 52 weeks.
Your prospective new landlord will be keen to make sure that you are a suitable tenant and that you have the ability to pay your rent, while also making sure that you have rented a property without any problems in the past.
When you apply for the property, the landlord may request some or all of the following documents as well as a holding deposit to secure the apartment.
- Details of your employment – your employer, job title, payroll number, salary, previous employer are required for processing these details with a credit agency.
- Bank reference – including bank name, account number and sort-codeCredit check – this will allow the landlord to see if you have a good history of paying your utilities.
- Credit check – this will allow the landlord to see if you have a good history of paying your utilities.
- References from previous landlords – you may be asked to give details of where you have lived within the last 3 years.
Should a tenant for any reason fail part of the references, a guarantor could be required to underwrite and safeguard any rent liabilities, at the landlord’s discretion. The guarantor will also be required to be referenced.
The final event in you securing the property is the deposit. The landlord trusts you to keep their property in good order. The deposit is held against non-payment of rent and to ensure that any damages over and above fair wear and tear can be corrected at the end of the tenancy.
On the agreed day and time of commencement, you will be met with the landlord/acting agent to collect keys where by contracts will be exchanged and you will be notified of all contact details and information as to where the home deposit is stored.
All landlords and agents are required by law to register and protect your deposit within a government-approved scheme on an Assured Short hold tenancy.
Right to Cancel
If you are a consumer client and this contract was not agreed within our branch you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day this contract was agreed. To exercise the right to cancel, you must inform us of your decision to cancel this contract by sending us a clear statement in writing to the above address or e mailing us at info@wadyiproperty.co.uk.
Since the late 90’s, the Assured Short hold tenancy has been the most common form of the tenancy agreement. The most important aspect of this agreement is that the landlord has the right to repossess the property at the end of the agreed term. Despite its name, the agreement does not have to be short and can continue as long as both parties are happy to do so. There is no minimum term, although the tenant has the right to remain in the property for at least six months. The landlord is obliged to provide the tenant with two months’ notice if they want to terminate the agreement and vice versa. It is important to notify your landlord 2 months prior to end if you wish to extend your tenancy agreement.
Possession Orders
An Assured Shorthold Tenancy entitles the landlord to a possession order immediately after the initial agreed period, which is usually for six months. The landlord is therefore able to evict the tenant after the initial fixed term without a legal reason. If this is the case and the landlord does not wish to renew the tenancy then they are obliged to give at least two months’ notice to end the tenancy.
However, if both the tenant and landlord are happy with the agreement another tenancy can be agreed, for a new fixed period.
An Assured Tenancy is considered to give the tenant more security, as after the agreement has ended the tenant can remain in the property until the landlord obtains an order of possession from the courts. The landlord needs to prove to the court the grounds for repossession, for example, the tenant has missed rent payments, or the terms of the agreement have been disregarded. The landlord is required to inform the tenant in writing if they are to seek possession of the property through a court order. The tenant is not expected to move out of the property until an order has been issued by the courts. When the tenant is issued with an order they are required to leave the property by the date shown on the court order.
Market Rent
Under both types of tenancy the landlord is encouraged to charge a full market rent. The market rent is dependent on rent charged for similar properties in the area and the number of properties available in the area.
With Assured Tenancies and Assured Shorthold Tenancies the tenant and landlord are required to agree on the rent at the start of the tenancy.
With an Assured Tenancy the rent must remain at the agreed rate until the end of the fixed term, unless the landlord and tenant agree to change it or rent changes are stated in the agreement.
At the end of the fixed term of an Assured Tenancy the rent can be increased, provided:
- The tenancy agreement has guidelines for rent increases.
- The landlord gives written notice of the intended increase.
- The landlord gives written notice of a change to the terms of the tenancy.
The landlord is required to give the tenant notice of at least one rental period, which is usually one month, before increasing the rent. If the tenant challenges the increase in rent this will not threaten their ability to remain in the property, unless the landlord has other grounds on which they may evict the tenant.
With an Assured Shorthold Tenancy, the landlord may choose to increase the rent when the agreement is renewed after the initial period. If the tenant does not agree to the rent increase, the landlord may choose to evict the tenant rather than forego the required rent increase. If the tenant wishes to remain in the property, it is often the case that they agree to the rent increase.
Both Assured Tenancies and Assured Shorthold Tenancies enable the tenant to refer excessively high rents to the Rent Assessment Committee during the first six months of the tenancy. The Rent Assessment Committee is independent of both local and central government and usually consists of three people: a lawyer, a property valuer and a lay person.
The aim of the committee is to decide on a reasonable market rent for the property being let. The rent charged for similar properties in the area let on Assured Tenancies and Assured Shorthold Tenancies will be analysed to enable the committee to reach a decision. The market rent set by the committee will then be the highest legal rate the landlord can charge.
There are six rent assessment panels in England and Wales. No fees are charged for asking the committee to set a market rent for a property.
At Wadyi Properties & Management Limited, a short let is typically from 1 week to 6 months, dependant on what a local authority / development will permit. Short lets are designed to offer you the flexibility of staying in a hotel yet at the same time enjoying the benefits of a full size apartment with your own environment and location of your choice.
A short let property would be fully furnished to a high standard and come fully equipped with appliances, linen, and kitchen essentials and inclusive of all utility bills including council tax, with the exception of telephone. Our property management department manages our short let properties. They will require rent to be paid fully in advance if your stay is shorter than 4 weeks. A deposit will also be required together with identification such as passport or driving licence.
Please feel free to discuss further anything with our lettings department who will be happy to assist you with all your queries.
