At tenantfinder, we provide expert guidance and tenancy management services to both landlords and tenants. Here, we answer some of the most common questions from our clients.
What is a Tenancy Agreement?
A tenancy agreement is a legally binding contract between a landlord and tenant that sets out both the legal and contractual responsibilities and obligations of the two parties. It should be written in plain and intelligible language (no unnecessary jargon!) and its terms and clauses should be fair and balanced, taking account of the respective positions of the parties. We provide this as part of our fully managed service.
What is the 'Tenancy Deposit Scheme'?
It is common for a deposit of an amount equivalent to 1 to 2 months of rent to be held during the tenancy against the satisfactory performance by the tenant of all the various obligations under the tenancy agreement. Mainly, this ensures that the cleanliness and condition of the property is reasonably maintained. Tenantfinder use the new Tenancy Deposit Scheme to ensure impartiality as the deposit is held by a neutral party. The Tenancy Deposit Scheme is a scheme to provide security for deposit monies, and speedy resolution of disputes in those cases where agreement cannot be reached between Landlord and Tenant at the end of a tenancy. This level of security can only be offered by Agents (such as Tenantfinder) who are members of a professional body and who require the agent to have separate client accounts for both tenant and landlord monies. These accounts are secured further by bonding, which ensures that the money will be safe. Adjudications are free to both tenants and landlords.
What is a 'break-clause'?
This is a clause which is sometimes inserted in a fixed term tenancy, typically if the initial fixed term is for a year or more. A break clause will usually be worded in such a way as to allow either landlord or tenant to give two months of written notice at any stage after a particular date or period of the tenancy, thus terminating the tenancy earlier than the end of the original fixed term.
What about getting access to the Property during the tenancy?
A landlord, or his agent, or someone authorised to act on his behalf has a right to view the property to assess its condition and to carry out necessary repairs or maintenance at reasonable times of the day. The law says that a landlord or agent must give a tenant at least 24 hours prior notice in writing (except in an emergency) of such a visit. Naturally, if the tenant agrees, on specific or odd occasions to allow access without the 24 hours prior written notice, that is acceptable.
Who is responsible for Repairs and Maintenance of the Property?
A landlord, in very general terms, has a legal responsibility to repair the structure and exterior of the property, including drains, gutters and external pipes; to keep in working order the installations for the supply of gas, electricity and water; and, for the installations for the provision of space and water heating. The landlord also has other legal responsibilities relating to the safety of such items as gas, electricity and furnishings as well as the general standard or fitness of the property for habitation. A tenant has an implied covenant to act in a "tenant-like manner". Broadly, this means to report disrepair promptly; to take reasonable steps to ensure that neither the tenant nor guests damage the property, its fixtures and fittings; to do the minor day to day things any home-occupier would normally do e.g. replace light bulbs, fit a new battery in a smoke or CO2 detector, tighten an odd screw which has come loose on a door handle etc.; to keep the property reasonably warm and aired to help prevent condensation or freezing of pipes; to leave the property secure when absent from it; to keep the garden and other areas reasonably tidy and free from rubbish.
