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Tenants' Guide to Services AND DEFAULT PROVISIONS

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We have produced this guide to inform tenants of the procedures and requirements relating to a typical tenancy. It is important that you read it carefully so as not to delay the securing of a property.  We aim to be as transparent as possible when disclosing our services, procedures and default provisions. Whilst every care is taken to ensure that all information is correct, please feel free to contact our Lettings Team directly for an accurate assessment of your rental needs.       

Bentley Lettings Ltd T/a Ginger Lettings is a member of Client Money Protect, Membership No: CMP006201, which is a client money protection scheme, and also a member of PRS, Membership No: 002282, which is a redress scheme. 

Tenancy Application & References

When a suitable property to rent has been found ALL persons aged eighteen or over will complete an Application Form and will be named on the subsequent Assured Shorthold Tenancy Agreement. We will take up references on behalf of our client, which may include a bank reference for which your bank may charge a nominal fee, a credit reference, an employers reference, an accountants reference and a previous landlord reference.

Payment to indicate your commitment is required when you submit your application. This is called a Reservation Fund or Holding Deposit and will subsequently be deducted from the final balance of rent and deposit, payable prior to the release of keys. The maximum Reservation Fund payable on a property is the equivalent of 1 x the agreed weekly rent. The payment is non refundable should an application be unsuccessful due to the failure to pass Right to Rent Checks or if false or misleading information has been provided which  the Landlord is reasonably entitled to consider, in deciding whether to grant the tenancy because this information materially affects an applicants' suitability to rent the property. However, should the Landlord choose not to proceed, this fund will be refunded in full. Please note that this payment in advance does not constitute a tenancy or an offer of a tenancy but is proof of your serious intention to proceed.

Tenancy Agreement

Before any tenancy begins you will sign an Assured Shorthold Tenancy Agreement setting out the Landlord's and Tenant's obligations.  Once a Tenancy Agreement has been executed by you and the landlord, it is binding. 

When considering a joint Tenancy Agreement, should you change tenants at any point during the tenancy you must inform us and, subject to your landlord's agreement, which will include the need to take up new references, we will prepare new documents for signature.  Depending on the circumstances leading to a change to a Tenancy Agreement, there will be a default fee of £45 inc VAT.

Security Deposit

Before your tenancy commences you will be required to pay a security deposit which will be 5 weeks rent for properties with an annual rent of less than  £50,000 . This will increase to 6 weeks rent for properties with an annual rent more than £50,000. The deposit is held by your landlord and is insured with one of the regulated schemes, in line with current legislation. Specific details of your Landlord's chosen scheme is clearly shown in any subsequent Tenancy Agreement . The deposit is held against any damages or expenses arising during your tenancy and will not be released until you vacate the property and all rent has been paid up to date and written confirmation that all utility and council tax accounts have been settled. 

Tenancy Deposit Protection

When you pay a security deposit your landlord or agent must protect it using a Goverment authorised Tenancy Deposit Scheme. This is to ensure you get back all or part of your deposit when you are entitled to it and any disputes will be easier to resolve. Within 30 days of you paying your deposit your landlord or agent is required to give you details about how your deposit is protected. This includes the contact details of the tenancy deposit scheme and what to do if there is a dispute at the end of the tenancy.

When Do You Pay

Once acceptable references have been received and approved, a date will be agreed for the commencement of your tenancy, if this has not already been done. It is essential that you sign the Tenancy Agreement and pay your Initial Money before this date.

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What Do You Pay

The Initial Money consists of : 

- First month's rent in advance

- Security Deposit - 5 weeks rent for properties with an annual rent of less than £50,000.

   6 weeks rent for properties with an annual rent  of more than £50,000

Inventory & Schedule of Condition

 An Inventory and Schedule of Condition of the property, contents, furniture, fittings and effect will normally be prepared. This should be checked and agreed by you at the start of your tenancy, It is important that you do so as this will form the basis of any claims for damages by your landlord at the end of the tenancy. It will be checked at the end of the tenancy and in your own interests we recommend that you are present for the final inspection. 

Rental Payments

All rent is payable in advance by standing order. Please note that all standing order or direct debit payments should be made 3 days prior to your rent due date to allow for clearance. Should you encounter any financial problems during the course of the tenancy it is essential that you contact us immediately.

Tenant's Obligations

You should be aware that the responsibility for the property rests with the tenant during any tenancy, with the exception of the Landlord's statutory obligations under current legislation, It is particularly important that any gas or electrical problems are reported immediately and the property is fully secured when you leave it unattended at any time. During the winter months necessary steps must be taken to prevent the freezing of water and heating systems. In addition, it is the tenants responsibility to take adequate steps to avoid the build up of condensation in all parts of the property and to take such measures to avoid any forms of infestation.

Miscellaneous

Property Visits : Properties may be subject to visits. The purpose of these is to check the condition of the property, its cleanliness, garden maintenance if applicable and the way in which the tenancy is being conducted generally.

Pets : Should you wish to keep one or more pets in the property we will negotiate this individually with your landlord, and include a specific clause in your tenancy agreement.

Council Tax : It is the tenants responsibility to pay Council Tax directly to the local authority.

Insurance : The tenant is responsible for insuring their own personal effects and furnishings.

Burglary : Should the property be burgled during the tenancy you should contact the police and this office immediately.

Landlord's Guide to Services and Fees

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 We have produced this guide to inform landlords of the services available to them and the fees which relate to each service offered. 

It is essential that you read through them carefully and decide which one meets your needs both financially and practically. Please note the charges listed below are the MAXIMUM fees that will be applied depending on your chosen service. 

We aim to be as transparent as possible when disclosing our services, procedures and fees. Whilst every care is taken, changes such as seasonal promotions may occur, so contact our Lettings Team directly for an accurate assessment of your rental needs.      

Tenant Introduction Only

All Fees paid in advance once Tenant takes occupation.


Service Includes :

- Advertising the property on Rightmove.

- Advertising the property on our  Website.

- Accompanying Applicants on viewing appointments.

- Obtaining references for Landlord's approval (usually via an Independant Referencing   Agency)

- Obtaining a new deposit from the new tenant (unless the Landlord uses their own   tenancy agreement, in which case the Tenant may be required to pay the deposit   directly to the landlord).

- Supervising the signing of the tenancy agreement.

- Overseeing compliance with gas, electrical,furniture safety, smoke and CO2, EPC and   licencing regulations, prior to the tenant taking occupation.

- Preparing initial accounts ans tranferring monies to the Landlord.


Service Excludes : 

- Holding/Registering deposits (unless the Landlord fails to register in time).

- Everything else.


Fees : 10% per annum based on the gross rental due for the term of the tenancy agreement, ignoring any options to terminate by Landlord or Tenant.

Fees are payable in advance once the tenant takes occupation of the property. Fees are not refundable unless we have acted negligently or in breach of the agreed Terms of Business.

Rent Collection & Processing

Service Includes :

As per Let Only plus the following :


- Accepting and Processing rent payments.

- Paying rent, less our agreed fee into the Landlord's bank account.

- Following up late rents.

- Initiating claims on Rent Protection & Legal Insurance, if applicable.

- Continuing claims on the above

- Emailing rent statements to the Landlord.

- Negotiating rent reviews.


Service Excludes

- Holding/Registering deposits) unless the Landlord fails to register on time)

- Deposit negotiations and returns

- Arranging Checkouts and inventory updates.

- Contract extensions and continuations

- Dealing with statutory safety inspections /legislation.

- Dealing with non rent related queries.

- Organising repairs and maintenance.

- Everything else.


Fees : 12% per annum paid monthly based on the gross rental due for the term of the tenancy agreement. Such fees are due in full and in advance at the commencement of the tenancy but may be paid monthly and deducted from rent received for the duration of the tenancy and any subsequent extension/continuations. 

In this instance an initial fee of 7% of the gross rental due for the term of the tenancy agreement will be paid upon the tenant taking occupation of the property and the remaining 5% to be paid monthly for the term of the tenancy agreement and any subsequesnt extensions/continuations.

Should a Landlord decide to cancel this agreement, the balance of our annual fee will become due and payable with immediate effect.

Supported Management

 Service Includes :

As per Rent Processing plus the following :


- Registering Deposits

- Dealing with Deposit negotiations and returns.

- Arranging Checkouts and Inventory updates.

- Handling tenancy agreement extensions/continuation negotiations.

- Receive Tenants queries

- Arranginging property visits if instructed @ £45 per visit

- Advising Landlords of any breaches of the tenancy agreement as we are made aware   of it.

- Arrange for running repairs up to the value of £200 as we are made aware of them.

- Whilst we will assist if we are requested, the Landlord remains responsible for   complying with all statutory and licencing oblligations.


Service Excludes :

- Dealing with any repair or instructing any contractor if funds have not been provided   in advance

- Everything else.


Fees : 14% per annum paid monthly based on the gross rental due for the term of the tenancy agreement. Such fees are due in full and in advance at the commencement of the tenancy but may be paid monthly and deducted from rent received for the duration of the tenancy and any subsequent extension/continuations.

In this instance an initial fee of 9% of the gross rental due for the term of the tenancy agreement will be paid upon the tenant taking occupation of the property and the remaining 5% to be paid monthly for the term of the tenancy agreement and any subsequesnt extensions/continuations.

Should a Landlord decide to cancel this agreement, the balance of our annual fee will become due and payable with immediate effect.

Optional Additional Services

 Key Cutting ; £15 in addition to the cost of the keys

l Postal Service : If you require some or all of the following documents to be sent by post rather than email, that is 

Tenancy Agreements, Rent Statements, and other associated ducuments : £50 per annum (paid at the commencement of 

each year). This covers postage, printing, stationery and the additional administrative time.

l Tenancy Extensions and continuations : £150

l Disputed Deposits : Supported Management Only - £100 for preparing and forwarding the required paperwork to the 

relevant schemes Case Examiner.

FURNITURE 

The provision for all types of furniture, suitable for rented  accommodation, including electrical appliances ie: white good and televisions and all soft furnishings, bed frames, wardrobes and chests.

Changes to Fees, Operating Procedures and Legislation

 Legislation is constantly changing and from time to time this may require different operating procedures whicn in turn may result in additional work for which we may have to charge. Similarly, subcontractors may in turn adjust their charges in accordance with any changes. 


We there reserve the right to vary our fees and operating procedures in line with such changes and you will be notified of this by receiving not less than one months notice. This will generally be in the form of an email, which will have our revised terms of business attached.