About The Book

The Tenant's Survival Guide
Lesley Henderson

This book provides tenants advice on tenancy agreements and tenancy deposit schemes when renting property, as well as offering essential information on tenant rights and laws...

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Basic Things To Understand Before You Start Renting

 



Independent Landlords

Like agents, landlords exist to make profits. They are often also landlords who prefer more direct relationships with their lettings – especially over tenant selection. However, because their costs are reduced by not paying agency fees, many offer slightly lower rents. In addition, few make charges for basic tenancy set-up services. They usually look on the inventory processes at both ends of the contract as part and parcel of setting up a well organised tenancy. Nor do many independents charge lease signing fees, extension fees or any of the other variations dreamed up by agencies. Many don’t charge check in, check out fees or inventory costs either.

Checking Your Options

You pays your money and you takes your choice in the rental game. So always at least examine your options beyond the easy high street strategy. If ever a market thrived on choice it’s the huge lettings market. Checking out your options can save you a great deal of money over the lifetime of a rental contract.

A Word About The Paperwork

All sensible private landlords/agents do require their younger tenants (students and the under 25s usually) to provide a Parental Guarantor. Effectively what this means is that all the responsibilities like rent, bills and especially damage are underwritten or ‘guaranteed’ by someone older who is presumed to be more responsible than the young tenant (and to have more cash!).

So, landlords do need these guarantees. Sometimes people moving out of home for the first time simply don’t get to grips with the realities of costs and care for property that all tenants contractually agree to when signing leases, or other rather basic bits of knowledge either.

Tenants’ Application Procedure

Many landlords/agents will also want to instigate a tenants’ application procedure of some sort – another form where tenants are legally obliged to reveal information like former addresses, their National Insurance Number (or passport number) and a variety of other verifying personal details. They will almost always require authorisation for credit checks. This kind of paperwork is essential for landlords (or their agents). Make sure you fill in details truthfully. These documents are fast becoming adopted by most landlords and agents.

Ground 17

Since 1997 one of the grounds upon which tenants can be asked to leave (even during the relatively safe fixed term) is Ground 17, and the period of notice of your landlord’s intention to seek possession in this case can be as little as two weeks (see Lesson 11 for further details on grounds for possession).

Ground 17 allows landlords to act if they were persuaded or induced to grant the tenancy as a result of a false statement, knowingly made by the tenant, or someone acting at the tenant’s instigation. This was a very significant addition to the rights of possession your landlord had before 1997, and a necessary one. Tenants who now claim to be employed when they are not, for example, could be affected. So too could tenants who pretend to be older than they in fact are, where landlords have age restrictions. Students have often failed to admit that they are students because many landlords do indeed avoid them. Application forms are a protection for landlords and agents against any such false statement.

This Ground enables landlords who have been told untruths to use that as a legal reason for the prompt return of their property. Tenancy application forms are a useful way therefore of making sure that landlords and agencies have written proof of the tenants’ claims. Prospective tenants would be well advised to remember this when filling them in.

Other Types Of Guarantee

Sometimes tenants have circumstances which require specialist guarantees. An excellent example of this is for the tenant who wants to move in, say, with the family dog. Most leases specifically exclude pets, but if you need a home with your dog, and you discuss it in advance, many agents and landlords will agree. They do however normally expect you to provide additional levels of deposit against damage, and often ask you to sign a guarantee that you will replace to their satisfaction any items (including garden lawns) that have been damaged. They also usually demand additional end-of-lease cleaning.

But the majority, i.e. honest tenants, shouldn’t fear the paperwork. It’s part and parcel of getting off on the right foot, of giving your landlord the confidence to let you rent what is a very expensive asset for a tiny part of its value each month. It’s healthy having exactly what both parties agreed set out in writing, and it protects both the landlord and the tenant. Landlords/agents who are organised enough to have procedures like this are also the ones most likely to respond to genuine problems like repairs because they’re set up to make their contracts run smoothly, hence protecting their own vital income stream.