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Tenants
and UKALA (The UK Association of Letting Agents)
Renting
a residential property is much easier and safer since the Housing
Act 1988 and the implementation of the 1996 ammendments.
Ensure
the agent you rent from is a member of UKALA
and subscribes to its Code of Practice - then you can be confident
your rental will be professionally managed. UKALA
members operate client accounts for landlord rent payments
and also for tenants' security deposits. They will also be familiar
with the statutory regulations to which you must comply.
How
to contact a UKALA member in my area
Go
to (Contact members in your area)
button above.
Insurance
UKALA
recommend that their members hold Professional Indemnity Insurance.The
landlord is normally responsible for insuring the building and
their furnishings. UKALA
recommend you ensure that your possessions in the rental property
are insured. It is important that you make it clear to the insurer
that you are renting the property. You may well find that your
UKALA agent can give advice
and perhaps arrange the insurance on your behalf.
What
do I need to supply before I receive the keys to a rental property?
The
agent will request that you supply references. Typically these
will include proof of identity (such as a passport), proof of
employment or attendance on a course at a recognised university,
and proof that you can pay the rent either in the form of a
bank reference or recent bank statements showing that you have
sufficient income to justify the rent. You may also be asked
to supply character references, such as from a previous landlord
who confirms that you paid the rent and that there were no problems.
The agent may need a day or two to verify your references.
How
much money will I need?
It
is customary for agents to require the first month's rent in advance
and the equivalent of six weeks' rent to be held as a security
deposit. If a deposit is required against possible dilapidations
then you will be informed how it is being held. It must be registered
with one of the government insurance backed schemes, or passed
to the government custodial scheme.
What
other costs will I pay?
Most
agents will offer to prepare the tenancy agreement. This is
a legally binding document which will have been provided by
solicitors. Although very simple ones are obtainable from stationers,
they are rarely adequate and can leave either landlord or tenant
or both vulnerable. Your UKALA
agent will be able to provide a more comprehensive agreement
that is acceptable to the landlord and will still be fair to
you as tenant. You will be asked to pay half the cost of preparing
the agreement and the landlord will pay the other half.
It
is also necessary to have an inventory prepared which lists
the contents of the property and also describes the condition
of both the property and contents. The agent can offer to compile
this or suggest that a third party us used (inventory clerks).
Whatever arrangements are made, which must also be acceptable
to the landlord, you will pay half. This normally means that
the landlord will pay for the inventory when you first move
in, and you will be required to pay for the check out inventory.
What
about utilities, council tax etc.?
In
addition to paying the rent you will almost certainly be required
to pay the personal charges. Typically these will include electricity,
gas, water charges, telephone, television licence and any charges
for satellite or cable television, if available. All this will
be clearly set out in the tenancy agreement.
You
will also pay the Council Tax at the rate applicable to your
circumstances. Students pay less or possibly not at all.
All
the above are really personal charges and obviously you can
exercise considerable control over such things as the amount
of electricity and gas used, and the number and duration of
telephone calls made.
If
you rent a flat in a block, then it is most likely that the
landlord will continue to pay the service charge which good
news for the tenant, as usually this is the most expensive charge
of all!
Is
there a difference between a short and a long tenancy?
The
shortest tenancy is for a holiday let and in many parts of the
country, such as central London, these are not allowed unless
it is a guest house or similar. For example, Westminster Council
will not agree to short holiday lets in property classified
for residential purposes. The vast majority of residential tenancies
are called Assured Shorthold Tenancies and are usually for a
minimum of six months and many landlords will not accept less
than six months. Probably the most common tenancy is for 12
months, although if a property is available for long term rent
it is likely, if all has gone well in the first 12 months, that
the landlord will offer a further 12 months. This may well continue
for year-after-year but gives both landlord and tenant the opportunity
to review the arrangement annually. This means that as a tenant
you can decide to leave at the end of any 12 month period, however,
it also means that the landlord may request an increase in rent
particularly if market rents have moved higher.
Assured
Shorthold Tenancies are probably the best from the point of
view of both landlord and tenant. However, you cannot have an
Assured Shorthold Tenancy if the tenant is a company or if the
rental value of the property is over £25,000 in a year.
Under these circumstances the law of contract will apply.
What
happens when I leave?
When
you leave it is important that you return the flat to the same
condition as when you originally moved in. The key document
here is the inventory and you should ensure that the contents
are as listed in the inventory, and you clean up and return
the flat to the condition as described in the inventory. If
there is any damage or missing items then these will be deducted
from your deposit as well as any additional cleaning if it is
judged that you have not cleaned the property to the standard
described in the inventory.
The
balance of the deposit will then be returned to you. Ensure that
you give a forwarding address and make sure that this address
is accurate with the correct post code. If there are no problems
on the conclusion of a tenancy you may well receive it within
ten working days. However if, for example, an electrical appliance
has been damaged by a tenant and requires a new part to be sent
and fitted, then occurrences like this can delay the return of
the deposit.
What
if I am not happy with the performance of the UKALA agent?
If
you are not happy with the performance of your agent then firstly
talk seriously to them about your concerns. The majority of
disputes involving landlords and tenants come about because
either landlord or tenant or both misunderstand their responsibilities.
Therefore read your tenancy agreement very carefully and make
sure that you are keeping to your side of the agreement. If
you still believe that the performance of your UKALA
agent is unacceptable then you can request
that we consider the situation.
The procedure for making a complaint against a member is for
you to put it in writing to this office, clearly explaining
the circumstances and the reason for your complaint. Your letter
will then be sent to the member against whom you are making
the complaint, with a request that they put in writing their
side of the story. Their letter will then be sent to you together
with the conclusions of this Association.
Please note that we must receive a letter over your original signature.
We cannot accept anonymous complaints or e-mails.
We should explain what this Association is and is not. We are
a trade association funded by subscriptions from the member
letting agencies. We are not an ombudsman, Trading Standards
or a replacement for the county court service. Our primary concern
is whether a member agency has complied, or not, with our Code
of Practice.
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