What is a Tenancy Agreement?

This is a legally binding contract between a landlord and tenant that sets out both the legal and contractual obligations of both parties.

What kind of tenancy agreement will be used?

The most common form of tenancy agreement used is an “Assured Shorthold” (an AST) under the 1988 Housing Act (amended 1996). This type of tenancy offers the most flexibility to both landlord and tenant; has straightforward notice procedures for bringing the tenancy to an end. If certain specific conditions are met relating to the proposed letting, a “contractual” non-housing act tenancy must be created an example of this would be what is commonly referred to as a Company Let where the tenant is a registered company, another would be where the annual rent equates to over £25,000.

What is a break clause?

This is a clause inserted in a fixed term tenancy which allows either the landlord or the tenants to give 2 months written notice after the minimum term thus terminating the tenancy earlier than the end of the original fixed term.

What is included in the rental?

The landlord is generally responsible for paying any service charge and water rates where applicable. The tenant is responsible for gas, electricity, telephone, council tax charges and water if metered.

Who transfers the utility supplies?

These will be registered in the tenants name during the tenancy. It is important that both, you notify the authorities at least 48 hours before occupancy and take meter readings at the commencement of the tenancy

Will I be referenced?

Yes; we do this through RentGuard, who are an independent agency that carry out thorough checks including credit report, employer, character & previous landlord reference.

How long is the tenancy agreement for?

This will vary according to your requirements and type of agreement being used. Most agreements are for 12 months.

How much deposit is collected?

We request a deposit equivalent to 6 weeks rent from all tenants, this is security against damage etc. At the end of the tenancy the deposit is returned to the tenant less charges for any damage. We are members of Deposit Protection Scheme and The Tenancy Deposit Scheme where we can register the deposit on your behalf.

What about insurance?

It is the responsibility of the landlord to insure the building and his contents, fixtures & fittings. Tenants must insure their own possessions.

Who is responsible for repairs?

Under existing legislation landlords are responsible for all repairs to the property and its contents except when a repair is necessary due to a tenants misuse. If we are managing a property we will arrange for the work to be carried out by one of our approved contractors.

Who is responsible for external maintenance?

External decorations & maintenance are the responsibility of the landlord. However, if the property has a garden the tenant is usually responsible for its upkeep, but the landlord must provide the required necessary tools.

What about safety regulations for rented property?

The landlord must provide an annual Gas Safety certificate which can only be issued by a registered engineer. In addition you have a duty to ensure that all electrical equipment is safe to use, if necessary IDM Enterprises can arrange for NICEIC & PAT tests.

What about an inventory and schedule of condition?

ARLA considers an inventory to be an essential document which provides a written benchmark that should be remade at the beginning of each tenancy. A properly constructed inventory details & condition of the fixtures, fittings & contents of the property. A schedule of condition should be produced against the inventory at check-in & check-out.

What does Joint and Several mean?

Where there is to be more than one adult on the tenancy agreement the contract will state that they are “jointly and severally” responsible. This means that the tenants are jointly liable for the 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.

What happens if either party wants to end the tenancy early?

There are only limited ways in which this can happen; the landlord cannot make the tenants move out, nor can the tenants lawfully walk away from their 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 a surrender. This might include some financial compensation for inconvenience or costs incurred.