Services for Tenants

Carter Jonas will apply for references on behalf of the Landlord using a credit referencing agency. Typically, the referencing company will require you to have an income of 2.5 or 3 times the rent. A bank reference, employment reference and/or accountant/solicitor/personal reference will generally be obtained and forwarded to the landlord for approval. We may also ask you to provide proof of this information prior to applying for references.

You will be required to bring in two different forms of identification i.e. full valid Passport, Driving Licence, utility bill or bank statement.

In accordance with the Immigration Act 2014 you will be asked to provide appropriate documents to demonstrate your Right to Rent in England.

A landlord may request a Guarantor if they are not satisfied with the references supplied. The Guarantor must be UK based and somebody who will guarantee payment of the rent and any other liabilities under the Tenancy. Typically, the Guarantor will need an income of at least 3 times the rent to pass. References will be taken on the Guarantor as though they were renting the property. We may ask your Guarantor to provide proof of this information prior to applying for a reference.

If a third party is paying the deposit monies on your behalf, please could you advise us in writing, as we are required to provide them with documentation in relation to the protection of the deposit in accordance with deposit protection legislation.

Carter Jonas will provide our standard tenancy agreement or our landlords own version including any special clauses. Please note that this is a legal agreement between you and the landlord, and we would recommend that independent legal advice should be taken.

The tenancy agreement may be sent to you for digital signature. You will need to initial the bottom of every page and sign where indicated. The tenancy agreement will then be dated and exchanged on receipt of cleared funds and become legally binding. This means that you will be bound by the terms of the tenancy agreement. Until this time the terms of the tenancy agreement can be subject to change. In the event that there are any variances between the Information for Prospective Tenants document and the Tenancy Agreement, the terms of the tenancy agreement will prevail.

Carter Jonas will charge a permitted payment of £50 including VAT for any changes to the tenancy agreement once it has become legally binding.

Where an early termination (surrender) to a tenancy agreement is agreed by the landlord, Carter Jonas will provide details of the costs payable by the tenants.

This is an invoice detailing the initial monies due which include the first rental payment and the deposit. We are unable to release keys until all funds have cleared.

Payment can be made by the following methods and must be cleared funds prior to the start of the Tenancy;

1. BACS Transfer: allow 3 days for the funds to show in our account

2. Chaps Transfer: transfer must be made by 12 noon day prior to start date

3. Personal Cheque: allow 7 days for the funds to show in our account

4. Bankers Draft: equivalent to Cleared Funds

5. Building Society Cheque: equivalent to Cleared Funds

6. Debit Card: please note we only accept payment by debit card

A default fee of 3% over the Bank of England base rate will be charged for late payment of rent where the rent has been outstanding for 14 days or more. The fee is charged from day one as per the tenancy agreement.

If applicable, in accordance with the Gas Safety (Installation and Use) Regulations 1998, a Gas Safe registered engineer will check all the gas appliances, installations, flues and pipe-work and will issue a certificate. The GSC is carried out annually and a copy will be provided to you by your Landlord within 28 days of the certificate being carried out.

A prospective Tenant of a residential property must be provided with an Energy Performance Certificate (EPC) free of charge. EPC's must be provided by accredited energy inspectors and last for 10 years.

An inventory check in may be arranged where possible with an independent inventory clerk. An inventory details the contents and the condition of the property and you will receive a copy for your approval and retention. At the end of the tenancy a check out should be undertaken and any disputes about the deposit at the end of the tenancy will be resolved by reference to the inventory.

We will arrange a suitable time for you to either collect the keys including any security devices or fobs, or meet at the property during the inventory check in. Where possible, a minimum of two sets of door keys will be provided to you. We will ask you to sign a key receipt. If you misplace any keys, security devices or fobs during your Tenancy, please contact the landlord or Carter Jonas immediately and you will be charged for the cost of the replacement.

Once you have moved in to your chosen property you will be responsible for contacting the utility and communication service companies and arranging for all accounts to be transferred into your name. Utilities means electricity gas or other fuel, water or sewage. Where Carter Jonas are advised by the Landlord that there is a Green deal in place at the property details will be provided and a relevant clause inserted into the tenancy agreement. By law you are required to have a valid TV Licence if you use or install a television. Please look at www.tv-l.co.uk for further information.

You are responsible for insuring your own personal possessions as these will not be included under your Landlord’s insurance policy.

Payment of any Stamp Duty Land Tax (SDLT) that might be due on a Tenancy Agreement is solely your responsibility as Tenant. This is a legal obligation and HM Revenue and Customs may impose fines or penalties for failure to comply. The current Threshold is £125,000 per year. More information and guidance can be obtained from https://www.gov.uk/stamp-duty-land-tax.

We will provide you with the contact details of the person or agent who will be responsible for the management of the property during your tenancy.

From time to time, we may introduce third parties offering services which may be of interest to you. These referrals may generate a commission or gift which we will accept for our benefit without reference to you, provided your interests are not adversely affected. This introduction is not an endorsement of these third parties.

Carter Jonas is committed to your privacy and will treat all information you provide in accordance with our Privacy Policy which can be found at www.carterjonas.co.uk/policies. This information will be provided to a reference agency to enable the referencing process to proceed; to the Landlord to approve that the Tenancy may proceed; to approved contractors, utility and media providers and facilitators and the local authority. If the applicant is unsure of this process or wishes information withheld then he or she should contact the relevant office of Carter Jonas without delay. The data will be deleted when our contractual and statutory obligations are fulfilled including the information that Carter Jonas must retain for one year after the Tenancy ends to comply with Right to Rent obligations; or those required to be retained for six years under the Limitations Act 1980.

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. The 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. If you require any advice in relation to this document please seek independent legal advice.

A properly constructed inventory/schedule of condition details the fixtures and fittings, describing their condition and that of the property generally. It is an absolutely essential document that provides a written benchmark, and it should be amended or updated before the beginning of each new tenancy. It is a document that helps protect the interests of both landlord and tenant.

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 a rented property and/or its contents. A failure to inform your insurer that you are renting (or letting) a property could invalidate any subsequent claim. The landlord is responsible for insuring the building and his/her contents, fixtures and fittings, whilst the tenant is responsible for insuring their own possessions. There are various specialist insurance products designed for landlords, tenants and rented properties, covering buildings, contents, legal expenses, emergency repair cover, rental guarantee cover etc.

A tenant becomes liable for the payment of council tax, water rates (unless otherwise stated), gas and electricity supplies and any internet, broadband, satellite contracts, etc.

The most common form of tenancy agreement is an Assured Shorthold Tenancy Agreement (AST) under the 1988 Housing Act (amended 1996). This type of tenancy has the most flexibility to both landlord and tenant. It has straightforward notice procedures for bringing the tenancy to an end and a special ‘accelerated possession’ court procedure should tenants fail to vacate the property.

If certain specific conditions are met relating to the proposed letting, a ‘contractual’ non-Housing Act tenancy must be created. One example of this is what’s commonly referred to as a ‘company let’, where the tenant is a bona fide registered company. Another is where the annual rent equates to over £100,000. Very rarely, a prospective tenant may be offered a full 'Assured' tenancy that gives very significant and potentially long-term security of tenure to a tenant. In this instance, a landlord can only get possession in very limited circumstances.

Created by the Housing Act 1988 and in operation since January 1989 (latterly revised by the Housing Act 1996), all residential premises are let on Assured Shorthold Tenancies (ASTs) unless otherwise stated. An AST must be for a fixed term, usually a minimum of six months. At the end of the fixed term, and unless a further period is agreed by both parties, an AST automatically becomes a Statutory Periodic Tenancy, still subject to the terms and conditions contained within the original lease. In order to end a tenancy, the landlord/agent must serve the tenant with a notice of repossession at least two months before they wish it to take effect. A tenant may give one month’s notice in writing. Notice would not be valid if the expiry date falls before the end of a fixed term.

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 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.

There are only limited ways in which this can happen. The landlord cannot make the tenant move out, nor can the tenant lawfully walk away from the 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 the inconvenience.

This is a clause sometimes 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 the 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.

A landlord, 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. Our tenancy agreement states that a landlord or agent must give a tenant at least 24 hours’ 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 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 providing 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 occupier would normally do, eg replace light bulbs, fit a new battery in a smoke or CO2 detector, tighten the odd screw that has come loose on a door handle etc; to keep the property reasonably warm and aired to help prevent condensation or freezing pipes; to leave the property secure when they are away from it; and to keep the garden and other areas reasonably tidy and free from rubbish.

There are no strict rules about this. Generally, you can expect a property that is described as fully furnished to include all of the main fixtures and fittings, furniture, white goods, and standard crockery, cutlery, pots and pans etc. This can and does vary though.

Conversely, an unfurnished property will usually be provided only with basics, such as curtains, carpets and light fittings.

Carter Jonas or the landlord will hold the deposit in accordance with the Tenancy Deposit Protection (TDP) scheme for the duration of the tenancy. It will be held against unpaid bills, outstanding rent or for repairing any damage caused during the tenancy. As a company we use The Tenancy Deposit Scheme (TDS), an accredited protection scheme that aims to resolve deposit disputes quickly and efficiently.