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Safe and Secure Rent and Deposit Payments

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 When you find a property you would like to book

1) Ask your new landlord to sign up the new tenancy through the Free Landlord Direct Service, read more about this great online tenancy service which gives you complete peace of mind.

OR 

2) Ask your landlord to be a 'Safe Landlord' and agree to:


Do not make Rent or Deposit Payments By Cash - Never make payments to a bank or institution you have not heard of, always check the payment is going to a High Street Bank or Building Society. If in doubt Check First.

Ask your bank to set up a monthly Rent Standing Order to the landlords U.K. bank account, it is easy and most landlords will appreciate you doing this. Remember you control your own bank standing order ( not the landlord)

By Law landlords must be members of a recognised Tenancy Deposit Scheme, ask the landlord to verify which scheme he / she belongs to, and ask for the landlord's TDS Identification Number. You should then be able to quickly check online to see the landlord is listed.

There are three main official Tenancy Deposit Schemes :

http://www.depositprotection.com/

http://www.mydeposits.co.uk/

http://www.thedisputeservice.co.uk/

 

Tenant deposit – Legislation

It is good news for both tenants and landlords, that the government has now set out a procedure relating to the return of Tenant’s Deposits at the end of a tenancy.

If there should be any disagreement between the landlord and tenant at the end of a tenancy then the matter is automatically referred to the The Dispute Service  an official body set up by the government to oversee and adjudicate in tenant deposit disputes.

Things to do before your deposit can be returned

It  is very much a matter of common sense, just like any other householder moving house, you need to finalise your utility accounts, return keys and make sure that the property is left in good order.

Please note that rent payments are completely separate to deposit monies. Rent owed is rarely taken from a tenant’s deposit, but will continue to show as an arrear for credit purposes.

How a Tenancy Agreement works

Well, all new private rented Tenancy Agreements have to be formatted by law in a standard way, and landlords or agents cannot contract out of this standard form of tenancy agreement.

This standard tenancy agreement is called: an Assured Shorthold Tenancy (AST)

Important facts a tenant needs to know:

  1. An AST guarantees your right to live at a property for a Fixed Term.
    Neither the landlord or tenant can end the tenancy until this Fixed Term expires
  2. If neither the landlord or tenant serve notice to end the tenancy after the Fixed Term has expired, then you need do nothing, your AST allows you to automatically stay on at the property on a month to month basis. This gives tenants a lot of flexibility, especially if they are expecting to have to move for employment etc at some time in the near future.
  3. To end an AST the landlord must give you two months prior written notice.
  4. To end your tenancy you must give the landlord one months prior written notice. Your notice must be delivered to the landlord.
    Please note that any notice period has to fall in line with the calendar date of your tenancy, for example if your tenancy started on the 1st of the month, then any notice served by you must be received by the agent prior to the 1st of the month, if that particular month is to count as part of the notice period
  5. The conditions of the Tenancy Agreement are the do’s and don’ts that apply, they are generally self explanatory and expected by tenants as common sense conditions.

I will point out some conditions that prospective tenants may not be aware of:

  • You are not allowed to sub-let (rent) your property to another person
  • You have a legal duty to notify the agent of any repairs or faults that may cause damage to the property quickly, acting as a reasonable tenant/householder
  • You must not cause a nuisance to neighbours eg; noise from music or audio equipment
  • You are not allowed to run a business from the property, unless agreed with the landlord
  • If you rent a flat, you must comply with the directives set down by leasehold managers employed to look after the block of flats you are living in, they may involve disposal of refuse, safety/fire instructions etc.