A Tenant's guide to renting

BitterAndTwisted

You cannot compel the landlord to fix or replace anything, although you can ask. If the landlord agrees to replace these items you should get their undertaking in writing. Many, many folks have been assured that things will be addressed and then find that once they have signed the rental agreement at the agent's office, turn up at the property and then find these things not done. You should view the property again before signing the agreement.

Daneel

I potentially have a problem in my current house share, and am confused by what the LA is telling me.

There are three of us on the current fixed term, 2 year contract (no clauses about the contract continuing to run beyond the end date) which ends in a few days. I have negotiated a further 1 year with the landlord, through the LA, for which I will be staying on, and the the other two people will be leaving, to be replaced with two new people. We, the three new tenants, have signed the new contract, which the LA is classifying as an extension, because I am one of the existing tenants. One of my old house mates has already moved out, replaced by a new house mate, and the other original tenant, is threatening not to leave.

The LA tells me that if the person threatening not to leave stays on, the new contract will have to be set aside, and things will continue under the old one. That would mean my old house mate who has already moved out would be liable for the rent, the person currently in her room would have no liability at all, and the person who was supposed to move in for the start of the new contract has nowhere to live.

I do not understand two things:

1. How a fixed term contract with no provisions about rolling over following the end of the term, can continue to be in force beyond the term

2. How one person staying on beyond the term of the contract, can leave those who have already moved out liable (acutally I can understand this under the jointly and severally liable clause, but it still seems ridiculous), and invalidate a signed contract

The LA has said the issue is to be resolved between us, and they won't get involved.

Can anyone tell me if this is correct, and what if anything I can do if the problematic house mate decides not to move out?

JohnHsu

I've also been frustrated many a times disputing with landlords, agents and only since moving to London.

The key for me now is to take lots and lots of pictures and notes during viewings and then you can use them as evidence of the condition as they were at time of viewing. The more details the better.

It prompted me to create an app for this, it allows you to create profiles on the fly when viewing flats and record all the important details.

It's free to start and but I'd love for readers of the forum to use it. Also I made it so you can work out the true cost of renting after all the agent's fees, cleaning costs, travelling are added in...which makes properties comparable on an equal basis. The headline rent can be very misleading at times.

It's called Smart Renter Lite and Smart Renter Pro on the App store. definitely try it out if you have an iPhone.
Welcome all your inputs and feedback too

Cheers

dream77boy

I wanted to ask you guys and gals out there if anyone has paid an inventory checkin and check out fee while moving rental homes. I paid £75 when I moved in to this 1 bedroom unfurnished property and am now moving out and have been told that I need to pay another £75 for the inventory checkout; for Gods sake, this is an unfurnished 1 bed room flat with white goods built into the kitchen, yet I am being asked to fork out (till not) a total of £150 for inventory checkin and out,
It does say in my contract, that I am liable for any inventory check ins (but does not specify check out's)
Please if anyone has any opinion on this, feel free to share it with me,,

thanks

Westie69

That does sound a bit excessive. We walked around our property with the agent initially, and too LOADS of photos. I pasted the photos onto a word document and added comments. I printed this off, and saved it as an Adobe document so it couldn't be changed, and gave a copy to the agency because their version was slightly different - they hadn't noted the holes in the walls from previous tennant pictures!
I would never have paid for it, and I would speak to Citizens Advice if I were you because I don't think although they say you NEED an inventory, that should have to pay.
I am NO AUTHORITY on the matter, this is just my humble opinion, but I think you've been mugged!

My personal concern is that the agency have been got rid of by our landlord, and he may just try something when we leave, but I did keep everything on my laptop, and burned a CD of everything too!

I ALWAYS question every cost, and ask if I legally have to do it, and if they say yes, ask them to prove it!


Good luck

DebtDunker

Hi,great post,plenty of information there.
I have a question,not sure if it is covered in the post.
My Local council has recently "handed over" ? or sold or leased (not quite sure which) the property I occupy
to a private firm.What are my rights in regard to this in terms of tenancy and tenure.
ten·ure   [ten-yer] Show IPA
noun
1.
the holding or possessing of anything: the tenure of an office.
2.
the holding of property, especially real property, of a superior in return for services to be rendered.
3.
the period or term of holding something.
4.
status granted to an employee, usually after a probationary period, indicating that the position or employment is permanent.
I draw your attention to point 2.Am I correct in assuming that the landlord is a "superior" ?
If so where and when did they get my consent to this relationship ?

herbiecat_2

JoeA81 wrote: »

The aim of this guide is give prospective and existing tenants a comprehensive source of information to help them with everything from the questions to ask a landlord, to ensuring that they keep their deposit money. Many of the pitfalls of renting can be avoided if the correct questions are asked early on in the process. This guide will try to use the experience of tenants and landlords to create a reasonable list of questions to ask, and things to look for when inspecting a potential property - and Landlord! This guide is predominantly built up from the knowledge of tenants and landlords in England - some tenancy laws in Scotland or Wales may be different.

Important Note: Don't think that you must adhere to everything in this guide to have a successful tenancy. It is likely that if you try and go through every single point in this list, you will just end up frustrated and never renting a property! Just use your common sense and pick out the suggestions that are most important and relavent to you. If you are well prepared, and ask the right questions at the right time, then you are less likely to have problems along the way.

Understanding the Local Market: In the uncertain financial climate of the last few years, certain regions have been affected in different ways. In some locations rental costs are rising due to increased demand, however in some cites an excess of newly built flats means there are more properties than potential tenants, so renters should bargain hard for good deal. You need to understand what the market is like in your area, and then take this into account when considering some of the suggestions in this guide. For example, if demand for rented properties is high where you live and you make life too hard for your prospective landlord or letting agent, then they may decide to rent the property to someone who is easier to deal with.

> I've never rented before - Please explain!

As this post is now too long! Please see here:
http://forums.moneysavingexpert.com/showpost.html?p=21601575&postcount=204

A) Some ideas on what to ask the Landlord or Letting Agent BEFORE parting with any cash

Questions relevant to both a landlord (LL) or a letting agent (LA)
1. Ask what deposit protection scheme your deposit will be held in. It is then well worth familiarising yourself with the way that particular scheme operates, as you can't always rely on the LL/LA to explain how everything works. Always keep your website log-on details for the deposit proteciton scheme to yourself, dont be persuaded into giving them to your LL/LA for any reason. Finally, once your tenancy has started, it is well worth checking with the LL/LA that they have indeed registered the tenancy deposit in the appropriate scheme as they said they would (and as they are required to do in Eng/Wales).
2. It is important to check that your potential LL has the permission of their mortgage lender to let out the property. This is important because if the mortgage lender repossess the property, and they didn't give the LL permission to let, then the tenant can be made homeless immediately. However if the lender did give the LL permission to let, then they will honour the terms of the rental agreement - meaning the tenant will not lose any rent they have paid up front, and they will have time to look for new rental property. A good approach to tactfully asking the landlord if they have permission of thier mortgage lender to let, is to say that you have a friend who went through the repossesion of their rented property with a landlord who did not have permission to let, which has made you much more aware of the issues, and therefore would they be able to give you proof of their own permisson to let, simply for your own piece of mind. If you are not able to ask the LL/LA, then for £3 you can download the property documents from Land Registry Online - this will show the mortgage lender. If the mortgage lender has the landlord down as living in the property then they probably don’t have their lenders permission to let. You can also write to the mortgage lender and ask them directly.
See this thread for more info: http://forums.moneysavingexpert.com/showthread.html?t=1377883
3. Ask the LL/LA if the property is insured for tenants.
4. Find out if they are accredited with the local council private sector housing department.
5. If you are applying for a local authority bond in place of a deposit, check that this is acceptable to the LL/LA.
6. Ask how the inventory check will be handled on the first day of your tenancy. Ideally the LL/LA will be able to hand over the keys in person, and then go through the inventory with you. You can then note down discrepancies and get both of your signatures on the completed documents. Then there can be no argument on the state of the property and its furnishings at the start of the tenancy. If in doubt take photos and then get the LL/LA to sign and date them as representative of the condition of an object. (Note: an inventory check is still important for an unfurnished property as the condition of carpets, curtains, white goods, surfaces etc need to be noted down).
7. Ask how the inventory check will be handled at the end of your tenancy. Again ideally this will be a repeat of what is described above, with you and the LL/LA going through the inventory and checking each item against its stated condition at the start of the tenancy - remember you are allowed fair wear and tear. Some LA have a policy of sending in a "professional cleaner" to ensure that the property is in a fit state for the next tenant, and some try and make it hard or impossible for you to attend this check out process.
8. With regard to cleaning, ask if the LL/LA will allow you to clean the property yourself, as some may have a policy of only allowing a professional cleaner to do the job, regardless of if you have cleaned or not.
9. Ask if you can have a "sample copy" of the tenancy agreement, which you can then read at your leisure before signing anything (of course, you still must read your real contract through thoroughly, as there is no guarantee that it wil be identical to the sample copy).

Questions more specific to a potential private landlord (LL)
1. Ask if the LL can supply any references from previous tenants (if they are a good LL they should have no problem with this). An alternative would be to try and talk to the current tenants, and ask their views on the landlord. If you are still having trouble finding anything out, or if the property is currently empty, you could try asking the neighbours if the previous tenants made any comments about the landlord. Please note that if you are in an area where the rental market moves quickly, then it is unlikely that you will have enough time to do any really in-depth checks on the LL. Just try to find out as much as you can in the short time you have available.
2. Ask if the LL is a member of a professional body such as the National Landlords Association. If they are then there is more chance that they will do things "by the book".
3. Ask if the LL will require you to pay any fees for a credit check or similar. Ask (to save money) if they would be satisfied by looking through your recent bank statements.
4. Ask if the LL will want to regularly come round and inspect the property, and how much notice you would like them to give you for this. Legally they have to give you 24 hours notice, and if it is not convenient for you, you can refuse.

Questions more specific to a potential letting agency (LA)
1. Ask if the LA is a member of a professional body such as ARLA. Again if there are, there is more chance of things being done properly and by the book.
2. Ask what fees you will be expected to pay up front, before you move in. These can consist of some or all of the following: Application fee/holding fee, credit check fee, inventory check fee, tenancy agreement fee, and maybe even a random "admin" fee. Ask for a breakdown of the fees, especially if a credit check is involved. Ask if the remainder of the fees will be refunded if you fail the credit check. Ask if there will be any inventory checking fees when you move out of the property, and whether this is covered by the inventory checking fee when you move in.
3. It is likely that fees will vary between different letting agents. So ask all the letting agents in the area you like, what total fees they charge, including any hidden charges (so you don't get any nasty surprises when you have signed the contract). Then view houses with the letting agents whose charges are the most reasonable. Remember it is possible for a rental property to have 2 or 3 letting agents trying to let it out.
4. Ask what the LA policy is on regular inspections, how often they will be coming round to inspect, and what time of day they usually do it (If you are not comfortable with the LA coming into your home when you are out, then a LA that only inspects 9-5 on work days may be a problem for you).
5. If the tenancy is for a fixed term, then ask what the policy is on renewing the tenancy agreement, and if there are any fees associated with this. Ask if the LA would consider allowing your tenancy agreement to become a "periodic agreement", at the end of your fixed term. This means the terms of your AST remain the same, and you can live in your property for as long as you wish without having to constantly renew your tenancy agreement. From another viewpoint, you do not have the same security of tenure with a periodic tenancy, as you could in theory be given 2 months notice to leave. If you prefer the security of a longer "contracted" period of tenancy then sign a new AST, and you will be safe in your home for the period of the agreement.

Before signing anything
1. Don't sign a tenancy agreement without reading everything carefully, including all correspondence and the full text of the agreement. If there is something you don’t agree with in the agreement, ask if it can be removed.
2. If you are unsure about anything in the tenancy agreement, then ask for copies and get legal advice or take it to your local CAB (Citizen Advice Bureau).
3. Take care if you are issued with a "Section 21" notice at the very beginning of your tenancy. The S21 is a legal document issued by the LL/LA which gives tenants two months notice that they must vacate the property, and is usually used near the end of a tenancy. However if one is issued at the start of a tenancy, then in theory the landlord does not need to give two months notice to evict tenants at the end of the fixed term rental period.
4. As a final note - if the tenancy agreement has been drawn up as a distance contract, i.e. none of the signing parties have actually met, then there is a possibility that the agreement is subject to the Distance Selling Regulations (i.e. you have a 7 day cooling off/right to cancel period). However in the vast majority of cases the potential tenants will have met either the LL or the LA in the run up to signing the tenancy agreement and therefore these regulations will not apply (and the regulations state that landlords and their agents are actively discouraged from creating tenancies when neither of the parties have ever met).

If you have asked all the questions which are relevant to you, and are happy to go along with the answers, then there is nothing stopping you from renting through your desired LL/LA.

"False deposit fraud" when trying to secure a property from a distance

There are many reasons why someone might have to sort out a rental property without being able to physically inspect the location, or meet the landlord beforehand. Obvious examples are international students needing somewhere to stay as soon as they arrive in the country, or people needing to quickly move somewhere a long distance from their current location. Whatever the reason, these tenants need to be aware of the "False deposit" scam.

This scam involves a fraudster taking a deposit or other payments, for a property which is totally fictitious. When the tenant arrives at their new home and realises it does not exist, the fraudster is long gone, along with their money.

To avoid this kind of scam:
1. Check that the price of the rental is realistic for the area to which you are moving. Research rental prices for properties near to the one you are interested in. If there is a huge difference, this could indicate a scam.
2. Try and find out as much information as possible from the potential LL/LA about the house and the local area. Then try and verify this information, for example through contact with your academic institution or place of work.
3. Always try and contact the LL/LA by phone if possible, a UK landline number will give you confidence that they are legitimate.
4. Question why the LL/LA requires a deposit or fee up front. Some will be happy to take a deposit when you arrive at the property and they hand over the keys.
5. If you need to send money, make sure you use a reputable escrow agent. Avoid using Western Union or MoneyGram (the favourite of many fraudsters) as money send via these services is not secure, and not traceable.

C) Simple things to remember when viewing a property

1. Take someone with you. It is amazing how another pair of eyes can see thing differently, or spot things that you missed.
2. If it has a gas supply, ask to see the gas safety certificate for the property, and confirm that it is renewed yearly. Also check carefully for any small red warning stickers stuck on gas appliances, this could mean there have been gas problems in the past.
3. Try and pay attention to the structure of the property rather than just the aesthetics. For example, beware of things like a leaking roof, rotten windows, draughts, damp etc. Things like lack of double glazing can also impact on the cost of heating the property. Unscrupulous landlords may cover up damp issues with a lick of paint so looking inside cupboards/wardrobes can often reveal the tell tale signs. Also opening kitchen cupboards, opening windows, looking at the boiler to determine it's age and whether it looks like it is on it's last legs (though not always easy to tell) will show the general state of repair of the property. If the property has resident tenants at the time of your viewing, respect their personal property and always ask before delving into cupboards etc.
4. If it is important to you, check that you can get television reception in the property, or if it has cable or a satellite dish. If you can't receive terrestrial television through an aerial, then cable or satellite TV may be your only option.
5. Check that the speed and availability of broadband in the area is adequate for your internet requirements.
6. Ensure that you have reception on your mobile phone in all areas of the property.
7. Simple things like not having enough electrical sockets could become annoying, so it makes sense to check.
8. As of October 2008, every landlord will be required to provide an energy efficiency certificate (EPC) for each property they rent out for any NEW tenancies they grant. The EPC should be made available to the prospective tenant BEFORE any agreement is signed. It should be available for any prospective tenant to view before deciding to move in, so that they can compare similar properties. It will address things like how much it costs to heat the house, loft insulation, double glazing, boiler age, efficiency etc. It will give the house a rating like you get on fridges A, B, C etc. It will be valid for 10 years.

D) Moving in

1. Make sure you and the LL/LA both note down the gas and electricity meter readings, and you find out what companies the previous tenant was using for all their utilities.
2. Go through every item in the inventory and note down its condition. If it’s not on the inventory, then there is no proof of its condition before the tenancy and you could argue that a small inventory is an advantage for the tenant. However in reality, a good inventory can solve many petty disputes that can arise at the end of a tenancy agreement. If you see damage to a fixture or furniture then make sure you note it down and get the LL/LA to sign in agreement.
3. It is a good idea to take pictures of the fixtures and fittings, in the state they were in when you moved in. Although these may not be legally binding, they could certainly help refresh both yours and the LL/LAs memory if there is an argument over deposit deductions when you come to move out of the property.
4. If the property is not being managed by a Letting Agent, then ask the LL for a list of his "handy helpers" that you can call if there is an emergency especially plumbing. Obviously, only to be used if you can't reach the LL because he is away on vacation.
5. Ask the LL/LA for the user manuals for appliances and heating, and learn the correct way to turn on the heating and hot water. There have been instances of tenants being accused of breaking appliances or the heating as they didn't know how to use them properly, and been given a large repair bill. By asking for clear instructions and by sticking to them, you reduce the chance of this happening.

Utility Bills - Gas/Electricity/Water/Council Tax etc
1. When you first move into a property it is likely to be one of two scenarios. Either you are replacing the previous tenants more or less immidiately - meaning they were the ones who have been paying all the utitily bills. Or the property has been empty for some time - meaning the landlord has been the one paying all the utility bills.
2. Regardless of the who has been paying them, what should have happened is that whoever was paying the bills will have informed the utility companies that they will no longer be paying from the date that you move in. Generally this will then kick start the process of the utility companies sending you a "To the new occupier" letter explaining that they are the Gas/Electricity/Water/etc supplier, and can you please phone them with your moving in meter readings and set up a new account. Generally I think you have to first set up an account with the current supplier before you can (in the spirit of MSE) switch to a new supplier for a better deal.
3. If for whatever reason the previous tenants or the landlord have not informed the utility companies of the change in tenants, then you can contact them yourself (if you know who they are) and set up an account with your moving in meter readings. If the previous tenants have left leaving debts owed to any untiliy companies than it is very important to get in contact with them as soon as possible and inform them of the situation. You will soon find out which companies are owed money, when the final demand letters start appearing in your post addressed to the previous tenants.
4. Council tax is something you can either set up yourself by contacting your local council and informing them that you have just moved in, or generally the council will send a "To the new occupier" letter saying that you are now liable for council tax. You are the one who must pay the council tax so it is up to you to ensure that you are paying it.

E) During your tenancy

To avoid deposit deduction disputes when you leave:
1. If you break anything in the property or something is broken by someone else (e.g. a repairman) and it can't be easily repaired by yourself, then notify the LL/LA as soon as possible - an email with photo attached will be useful. Try and sort out the repair during your tenancy. If you can't, then having written proof that you contacted the LL/LA, will mean no surprises on either side, when it comes to the final inspection on the day you move out.
2. Particularly if you rent through a LA, if you agree a change to the tenancy agreement - like having pets, wanting to put up pictures or painting a room, make sure you have some record in writing that the LL/LA has agreed for you to do this.

F) Moving out

1. If you are on a periodic contact (i.e. beyond the original fixed term of the AST) then you have to give one months notice to end your tenancy, and your landlord has to give you two months notice. Sometimes LLs and LAs insert unfair clauses into the contract which say that you must give more than one months notice if your contract has gone periodic - this cannot be enforced, as the law overrides anything written in the AST on this particular matter. If your AST is still in a fixed term, then your contract should state what notice you have to give.
2. Ensure that you inform all of your utility suppliers (gas/electricity/phone etc) of your intended date of departure, and give them a forwarding address so they can send you a final bill. Take final gas and electricity meter readings on the last day of your tenancy.
3. Try to avoid leaving it to your LL/LA to sort out your final bills for you (and taking the total of the bills paid, off your deposit). It is you who is liable for those bills not the LL or LA, and so it is you who has the most to loose if they are not dealt with properly (being chased for debts, getting charged fines for non-payment etc). So make sure you deal with your final bills personally.
4. All good tenants will have cleaned and tidied the property, and returned it to the same state it was in when you moved in (apart from fair wear and tear of course!). However, if despite your best efforts, the LL/LA refuses to allow you to be present during their "check out" (final cleanliness inspection and inventory check) process, then it makes sense to take a few pictures of the clean and tidy house before you leave, just so you have some evidence of how you left the property.
5. If the LL/LA want to show potential new tenants around the property while you are still living there, then they must give you 24 hours notice, and if the timing is not convenient you do not have to agree to the viewing - you are entitled by law to "quiet enjoyment" of the property. However it is usually a good idea not to be too awkward, especially if you want a reference from the LL/LA.
6. If you are renting with a private LL, and they attend the check out process with you, then try and come to an agreement there and then about any deductions from the deposit that the landlord feels are necessary. Hopefully there will be no deductions, but if there are, a quick verbal agreement means you will be able to get your deposit back much faster than if you have a protracted disagreement about deposit deductions via phone or by letter.
7. If you are renting through a LA, and they do not allow you to be present at the check out process, then you will be waiting for them to present you with a final inspection report, including any deposit deductions they think are necessary. It is very hard to argue with this report, especially if it appears weeks or months after you moved out, which is why it is key to try and attend the check out process with the LA.
8. When you return the keys, get the LL/LA to sign for receipt of all the keys. This way there can be no arguments about if/when keys were properly returned.


*** If you have any suggestions or comments for this guide then please say! ***

Would you be able to do a "Landlord's guide to letting"? It would be very good for newbie landlords!! :T

WayneM

trevorjules wrote: »

if you are looking for a good tenancy agreement have a look here I got mine from here when I took a couple of people in to help cover my costs:-

www . tenancyagreement .com

Thanks for that I had a look here and I can see they also do a specific lodger agreement :T

sicon75

Hi, I understand that if i sever my joint tenancy then my share of the property is mine to do as i please, but does this allow me to rent my share out to someone or does the tenant in common have to agree? thanks

rentergirl

To which I would add: have a look at local 'hotel apartment for rent' websites. See if your building features (usually blocks of newbuild flats/conversions. If it is: avoid, or raise the matter with the landlord/managing agent.
See my blog at rentergirl on blogspot, where I write about these matters.