Tenant Information

1. INTRODUCTION

Thank you for choosing to rent a property from Clem Woodward Ltd. Our aim is to facilitate an efficient relationship, between Landlords and Tenants under the security of the ARLA code of Conduct.

Properties under management owned by a private landlord are, in the large majority of cases, either the landlord’s own private residence or have been purchased specifically as an investment for the rental market. Private landlords are generally seeking tenants for anything from a period of 6 months to several years, at the end of which they either return to occupy their home or place their property on the market. Investment landlords are hoping to achieve continuous tenanting of their properties, either with a succession of shorter tenancies or one long period of occupation.

In each case, the owner/landlord has instructed us to act on their behalf in their absence and to seek suitable tenants who will enjoy a mutually satisfactory occupancy of their property.

We would take this opportunity, therefore, of providing you with guidance notes relating to a proposed tenancy.

2. GETTING STARTED

Having viewed the property and arrived at a decision to make application to rent we require all applicants to complete a referencing form, which will then be processed to verify the information provided. The cost of referencing is and must be paid at the time of application.

The submission of the referencing application is no guarantee of tenancy. A final decision as to whether or not a tenancy can proceed will depend on responses received and will be made in consultation with the landlord.

You will be required to provide personal details ranging from name and address to occupation and salary. You will be asked to provide financial, employer and character references as we can only agree to a tenancy subject to satisfactory replies from those referees. Our investigations will also include a search of the credit registers to establish your financial credibility and contacting your previous landlord/agent if you were previously a tenant. These are routine procedures taken to protect all parties.

If you have County Court Judgements registered against you it may prove impossible to grant you a tenancy, unless satisfactory evidence of the clearance of debt is produced prior to the commencement of the tenancy. Please talk to a member of staff if at any time you are unsure of your situation.

Should you be unable to provide satisfactory references or credit checks you may still be offered a tenancy subject to a satisfactory guarantor being provided. The guarantor will need to provide satisfactory references and credit checks and will be expected to sign a form to guarantee your legal commitments in the tenancy, including payment of rent.

Given satisfactory replies to enquiries you will be offered the tenancy of the property, subject only to the terms of the tenancy agreement, the payment of the deposit, the agreed advanced rent and the landlord’s agreement that the tenancy can proceed.

3. DEPOSITS AND RENT

A security deposit is required for all tenancies and is equal to 5 weeks rent. This deposit is in addition to the advanced rent payment required.

The deposit acts as security for the performance of your obligations as a tenant under the tenancy agreement. This deposit will be returned to you at the end of the tenancy term without interest and subject to a deduction for damage or any other deductions that may be necessary to compensate the landlord for any breach of the tenancy agreement.

The same security deposit is required from Housing Benefit Tenants. Should the property be covered by the Bond Board and you wish to apply for a Bond, we MUST have confirmation, in writing, that this has been agreed before the tenancy can commence.

Please contact accounts@clemwoodward.co.uk for any information.

Clem Woodward Ltd is part of the Propertymark Client Money Protection Scheme. Click here for certificates

4. RENT

Rent should be paid to us and have cleared our bank by the rent due date each month. The method of payment is by standing order only, which should be set up 3 days in advance of the Rent due date to allow for clearance through the banking system.

Where there are a number of occupants sharing the accommodation each person is jointly and severally liable to pay the rent as a tenant and will pay the rent as a whole. Each tenant is jointly and severally responsible for the whole rent so that they are equally liable for the non-payment of rent by one of their co-tenants, should they fail to pay.

Should you fail to pay your rent by the rent due date –

• We reserve the right to contact you by phone or email within 7 days of the rent date.
• Should you fail to pay the rent within 24 hours of the first chase up call we will write to you advising you that a daily interest at a rate of 3% will be applied for each full day overdue rent from the rent date. This will be at the discretion of the landlord/ agent
• If rent payment remains outstanding and has not been received (and cleared) by our bank account between day 8 and 13, an inspection will be arranged to visit the property.
• If no payment is forthcoming 14 days from the original rent date a Section 21 notice to evict will be issued at the discretion of the landlord/ agent.
• Day 21 – In the circumstances where there is a guarantor – the said guarantor will be contacted.
• If failure to pay rent for a second consecutive month a Section 21 ground 8 notice will be served by a solicitor and all costs and liabilities will fall back to the tenant. For non-managed property you must refer directly to the landlord for all rent arrears. We would strongly advise that you notify your landlord if you have any difficulties in paying your rent before the rent period is due.

5. DEDUCTIONS FROM THE DEPOSIT

Should we need to replace items on the inventory, clean the house at the end of the tenancy, or if there has been a breach of the tenancy agreement, the return of your deposit will be delayed until all items are valued and replaced/cleaned. In any case we will aim to return the deposit to you as follows:-

• Within 10 days if no disagreement.
• Within 28 days if a dispute is agreed and resolved.
• Within 90 days to the appropriate party if not settled.

Damage and breakage of the landlord’s fixtures, fittings and effects, lost inventory items etc., which occur during the period of the tenancy will incur deductions from your deposit. It is important, therefore, that you look after the property during the tenancy and take the utmost care and to inspect the property and its fixtures and fittings at the outset. An inventory/statement of condition will be prepared prior to occupation and must be agreed by you within 7 days of taking the tenancy/moving in date.

The inventory/statement of condition will then form the basis of assessment of the property’s condition at the end of the tenancy term. Fair wear and tear will obviously be taken into consideration. Damages that occur will be charged to your account, as will invoices from contractors employed to undertake necessary repairs or replace any items.

6. PAYMENT OF UTILITIES/COUNCIL TAX

You are responsible for the payment of all utilities (gas, electricity etc.) during the tenancy and for the payment of final bills.

You are required by law to inform the Council Tax Registrar of your change of address and pay the appropriate council tax. The council tax band for each property can be found at the relevant council website for further information.

7. LEGAL NOTICES & TENANCY AGREEMENT

Before you sign for a tenancy you will be given/emailed a copy of the tenancy agreement and any appropriate notices. Read these carefully and ask us questions if you are unsure of any point, before or during the tenancy term you have the right to enjoy the property without interruption provided that you abide by the terms and conditions of the tenancy agreement. However, we, as agents for the landlord, have an obligation under our contract with the landlord, to inspect the property at regular intervals. We will contact you to make a mutually convenient arrangement prior to such an appointment.

8. INSPECTIONS & REPAIRS

Inspection of the premises is primarily undertaken to ensure that you, as the tenant, are in all respects observing the conditions of the tenancy agreement. It further allows the opportunity for you to discuss with us any problem that might be experienced relating to the property and for us to consider repairs/decorations etc., before they become a major concern. We will notify you of an appointment in advance. If, however, you experience any problems of maintenance or repair please notify us immediately in order that appropriate action can be taken.

Please note we will attend to repairs as soon as possible, however, we do not offer a 24 hour call out. For any faults with the property please call the office on 01823 330333 during the hours of 9am-5pm Monday to Friday and 9-1pm on Saturday or email maintenance@clemwoodward.co.uk If there are any problems outside of office hours please call 07507729443 leave a message or email management@clemwoodward.co.uk and please give us all your contact details and as far as possible describe the problem so that the correct contractor is instructed.

Please note if there is a leak for water, please identify the main stop cock soon as possible and turn off the supply. If there is an electrical fault do not attempt a repair, turn off the fuse box and call Clem Woodward Ltd. For gas leaks, please turn off the supply and call Transco immediately. Do not have any naked flames nearby or smoke. We would advise you to leave the building immediately.

Please call the after hour’s number/email ONLY for emergencies.

Due to the increased recommendation from the HSE in regards to Legionella bacteria we would strongly recommend that all taps, pipes, header tanks and showers are flushed for at least 10 minutes to fully ensure that all water is drawn from the road main through the property system. If your property is larger this process may be longer. For any assistance on this please contact Clem Woodward Ltd.

On non-managed property we would refer all repairs back to your landlord for direct authority on any repairs.

9. STAMP DUTY

For exceptionally high rental values, under the Stamp Act 1891, there may be a liability on the tenant to have the agreement stamped. In these cases, the tenant is advised to seek independent advice.

10. END OF TERM

Preparations should be made to hand the property back to us on the due date. Arrange readings of meters and ensure that the authorities have your forwarding address for the payment of all invoices raised. In no circumstances should you allow the authorities to disconnect supplies. The authorities should be informed that the managing agent will contact them when the property is handed over and provide details of the new account holder. This may be the owner or a new tenant. All keys must be returned to the office by 12pm for checking of the last day of the tenancy.

Inventory items should be placed in their respective rooms to facilitate easy checking on handing over. Read carefully the inventory/statement of condition, clean curtains, carpets etc if required and generally prepare the property for that final inspection. You will be contacted regarding the ‘check out’, if you wish to be present. We can advise of local trade people who will carry out all cleaning/preparation at a most competitive rate.

Once checking has been completed and deductions from your deposit agreed (if any), the deposit or balance of deposit will be returned to you.

Please note on non-managed properties you will need to refer back to your landlord for the arrangements of the check out to take place. However please do keep us informed as in most cases we will have administered the deposit account.

11. SUMMARY

These notes are intended to provide only a summary to assist you to understand the obligations undertaken when you wish to rent a property from a private landlord. It is not the intention to give an authoritative interpretation of the law. We hope that you have found them useful.

Please do not hesitate to call, visit or e-mail us at any stage prior to or during your tenancy if you wish to clarify any details.

More Information

Tenant Fees - Revised May 2019

Holding Deposit - One week's rent - Once an application is submitted for a Property we will withdrawn from the market for 7 days to carry out references to include credit checks, bank, right to rent check, previous landlord etc.

Deposit - 5 x weeks rent.

Tenant Fee's