Terms, Conditions and Frequently Asked Questions
The tenancy term will run for a minimum of 6 months at the rental amount per calendar month as agreed. The tenant will be responsible for all utilities unless otherwise stated by the landlord. After the 6 month period, if agreeable by both landlord and tenant, then a periodic tenancy will come into effect. The tenant will remain bound by the same terms and conditions of the original agreement and the tenant will need to give one month’s notice from the rental date if they wish to vacate the property. The landlord will need to give 2 months’ notice from the rental date to reclaim the property.
Please see Fees for extension of tenancy charges.
If the agreement with Town Rentals is cancelled during the period of tenancy and the tenant remains in the property, then the management fees will still be payable until the end of the agreement or occupation.
If you choose to go with our Full Management or Rent Collection service, you are contracted to remain with Town Rentals for the duration of the tenant/s residing in your property. Should you terminate your contract with Town Rentals whilst a tenant we’ve secured still remains in situ, a severance fee will apply of 4 weeks rent inc VAT.
As part of the Housing Act 2004, the Government is introducing tenancy deposit protection for all Assured Shorthold Tenancies in England and Wales where a deposit is taken. Since April 6th 2007, all deposits paid under an AST have to be protected within 14 days of receipt by the landlord. The legislation aims to ensure that tenants who have paid a deposit to a landlord or letting agent are entitled to receive all or part of it back at the end of the tenancy.
If the Landlord does not subscribe to an agent’ Full Management service and a dispute arises over the return of the deposit then the agent will not become involved in attempting to resolve any such dispute. Either the landlord or tenant may submit the case to the Deposit Protection Service for adjudication by the Independent Case Examiner where rules allow.
In the event of a deposit dispute on a tenancy included in the scheme, either the landlord or tenant must endeavor to notify the agent as soon as possible and within 14 calendar days of the lawful end of the tenancy and vacation of the property.
If after 14 calendar days following notification of a dispute and reasonable attempts in that time to resolve any differences of opinion there remains an unresolved dispute between the landlord and the tenant over the allocation of the deposit, it will be submitted to the Independent Case Examiner (ICE) of the DPS for expert, impartial, third party adjudication. All parties agree to co-operate with his investigation.
We make a small annual charge for access to this dispute resolution facility (see our separate Schedule of Fees). There are no costs for the actual DPS adjudication process.
It should be noted that DPS guidelines state that an Internal Schedule of Condition report should be undertaken at the start of a tenancy and a formal Check Out at the end of a tenancy. In the event of a deposit dispute, it is unlikely that the DPS will find in favour of the landlord if these reports have not been undertaken. If either or both the Internal Schedule of Condition and the Check Out Condition Tally have not been completed, the agent will not accept any responsibility whatsoever for any DPS adjudication decision or court legal action.
Town Rentals are a member of: The Deposit Protection Service
Our Agent Number: 1342062
Tel: 0330 303 0030
If we do not hear from the landlord within 14 days of your tenant’s vacation, Town Rentals are legally required to release the full deposit back to the tenants.
Properties that are on our Full Management service will have maintenance works arranged through us. For emergency repairs, we will endeavour to contact the landlord before work is authorised, but if we are unable to make contact and we believe it to be reasonable circumstances, then we will authorise the repair up to £250. Non-emergency repairs will be discussed with the landlord prior to progress, however, we reserve the right to authorise works up to £100 in this respect. We endeavour to use competent trades people and achieve a reasonable price, however, we are unable to guarantee the works carried out and the landlord retains the right to pursue any claim against such contractors. If you have your own trades people you would like us to use, please specify and these can be held on your property file. A small commission fee is taken by Town Rentals from our regularly used contractors.
For all levels of services we strongly advise that a schedule of condition report is carried out prior to tenancy commencing. Town Rentals use a third party professional company which will compile a detailed photographic document. Please refer to Fees for charges. Should a landlord chose not to have a schedule of condition report organised by Town Rentals, we cannot be held responsible for the check out condition or complete this service on your behalf.
It is the responsibility of the landlord to ensure that the property is offered in a good rentable condition and that it complies with current safety legislation. We are happy to provide guidance and arrange for the necessary requirements to be met upon request.
It is a legal requirement that all rental properties must have a valid annual landlord’s gas safety certificate before a tenancy commences. Checks must be carried out by a Gas Safe registered engineer annually. Gas Safety arrangements will be discussed upon instruction of property. At Town Rentals discretion a Gas Safety can be carried out at any time during a tenancy subject to a small contractor’s fee. We recommend a boiler service is carried out at the same time.
All rental properties must be installed with a smoke alarm on each living level of the property and a carbon monoxide alarm located within proximity of the gas supply. It is the responsibility of the landlord to ensure these are fully functional prior to commencement of a tenancy. Once the tenancy begins, it will become the tenant’s responsibility to ensure the alarms remain functional.
All properties being marketed for rental must have an EPC available to prospective tenants. From the 1st April 2018 this must be a grade ‘E’ or above. The EPC gives the ratings for both the Energy Efficiency and the Environmental Impact. Once obtained, an EPC is valid on a rental property for 10 years as long as no changes are made which may affect it. The Trading Standards office can impose a fine of £200 per day for failure to provide an EPC. The charts that show the results of the EPC must be shown on the marketing particulars and therefore the EPC needs to be carried out before marketing can begin.
Whilst Town Rentals advise all rental properties have an electrical safety inspection, this is down to the landlords personal discretion. Electrical certificates are an important part of ensuring the safety of tenants and being able to prove that you have taken responsible steps to do so. Town Rentals do have a contractor available to carry this out when requested subject to a contractor’s fee, dependant on the works required.
Any soft furnishings or furniture left at the property must comply with the fire resistance requirements that came into effect in 1988.
If the tenant placed in the property by Town Rentals, or anyone associated should subsequently purchase the property, a commission of 1.2% inc. VAT of the purchase price is payable to Town Rentals from the landlord on completion of the sale.
The Landlord must effect his own insurance in all respects and will inform his insurers of the letting of the property. The Agents will not be responsible for advising thereon or arranging or renewing any policy of insurance. It is the responsibility as the owner of the property to ensure you have buildings insurance in place.
Rent Guarantee Insurance
When you let out property there is always a chance of the unexpected happening even when full references have been undertaken. Chasing tenants for the cost of damage, unpaid rent or even gaining possession of the property can be costly and time consuming. DAS Property Let Legal Protection gives you peace of mind. See agent for summary of cover and further details.
In certain circumstances, the agents may be prepared to enter into limited correspondence with the Inland Revenue. Tax returns, however, remain the responsibility of the owner and his professional adviser or accountant. If the landlord is looking to take up residence outside of the UK the landlord will need to notify the Inland Revenue and complete the necessary documents in respect of income tax. A copy of the valid approval certificate will need to be held at the office, 20% tax will be retained until an approval number is received.
Please note that if Town Rentals manage to secure tenants for your rental property but you withdraw from the Let for any reason, you will incur a tenant finding fee charge of £120 inc. VAT. You will also be charged to cover the referencing costs that Town Rentals have paid for the checks carried out on your prospective tenants. This will vary in price depending upon how many adults are due to be moving into the property, however, we can confirm that referencing costs are £100.00 per adult inc. VAT. Furthermore, the landlord will also be responsible to cover any administration costs paid by the tenant. If you do withdraw from the let agreed these charges are non-negotiable.
Town Rentals will take all precautions to verify and reference the tenants and assess their means to pay rent. However, from time to time people do fall into financial difficulties and do find themselves in rental arrears. In such rare circumstances, Town Rentals will do their upmost to pursue tenants for their rent, following a letter system. On occasions where this is unsuccessful Landlords will be referred to a legal representative who can serve necessary eviction notices.
Included in Town Rentals Full Management package, a section 21 notice can be served in accordance with the landlords instruction however, if any other notices are required, such as a section 8 notice, these must be served by a legal representative and therefore further costs will be incurred.
Town Rentals, part of Town Property Group Ltd. are members of the Property Ombudsman redress scheme.
Town Rentals are not a member of a money protected scheme.