1.What is Rent Guarantee?
Rent Guarantee is an insurance that protects the landlord against
non payment of rent by his tenant. It ensures that the landlord
can continue to receive rent should the tenant fail to pay (subject
to a maximum number of payments). We include rent guarantee for
the first tenancy term (subject to terms and conditions). The cover
we offer via ‘Homelet’ will also provide the landlord
with legal protection should the tenant need to be evicted due to
non payment of rent.
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2.Why do I need Rent Guarantee?
Although we take great care to ensure that the tenants we find for
you are thoroughly vetted before a tenancy is agreed, events can
occur in the future that can alter their circumstances, for example:
redundancy, divorce or separation, ill health etc…
Unforeseen circumstances can affect a tenant’s ability to
pay their rent. Without rent guarantee insurance a landlord would
be liable to pay all costs involved in regaining possession of their
property, plus sustain a loss of rent in the mean time. Considering
in this area it can take over four months to go through this legal
process, the financial cost to a landlord could be several thousand
pounds.
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3.What reference checks are carried out?
Homelet referencing includes the following searches and checks:
Credit Score
Bankruptcy CCJ / court decree
Anti fraud check
Personal identity check
Report on detrimental credit history
Undisclosed addresses
Previous landlord / Managing agent reference
Employers’ reference
Previous or future employers reference
Bank account verification check
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4.What cover is provided?
For Landlords who opt for our Full Management or Rent Collection
Service we will provide you with Homelet’s Absolute Rent Guarantee.
For Landlords who opt for our Let Only Service we will provide you
with Homelet’s Extra Rent Guarantee.
We will reference all tenants through Homelet. Once Homelet have
passed your tenant(s) as being suitable they will issue a rent guarantee
certificate which will insure your tenants for the first term of
their tenancy (6 or 12 months depending on what had been negotiated
with you and your tenants at the time).
For all landlords (regardless of the service you have opted for)
The policy offers you the following:
Specialist in-house Legal and Claims team to ensure your claim
is paid promptly
All legal costs incurred in evicting the tenant as a result of non-payment
of the rent, up to a maximum £25,000
No restriction on tenant type
Renewable cover (chargeable – restrictions apply)
Up to 5 rental payments on a 12 month policy
Up to 4 rental payments on a 6 month policy
Excess equivalent to one months rent.
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5.What are the limitations on the
cover provided?
Homelet pay the rent in arrears, so you will not receive the rent
at the same time that you would have done had your tenant been paying.
Homelet will only make a maximum number of payments and the policy
carries a one month excess (see previous answer)
For Landlords who have opted for our Full Management or Rent Collection
Service:
Homelet will pay you rent until the tenants have been evicted (subject
to the maximum number of payments – as above). Homelet will
also pay 50% of your rent for up to two months after vacant possession
has been obtained, whilst we look for new tenants for you.
For Landlords who have opted for our Introduction Service:
Homelet will only pay rent until:
The expiry date of the rent guarantee policy
Or
Until the tenant has vacated the property (whichever is the sooner)
If Homelet stop paying the rent for one of the above reasons, but
the tenant is still living at the property, they will continue with
the legal process on your behalf by applying to the courts for a
possession order.
For all landlords: Homelet will send an advocate to court to represent
you (although they do insist on a representative also attending
as a witness), plus they will instruct the court bailiff to attend
the property. All of this legal work is covered under the policy
– so they will obtain possession at no cost to you.
Our charges for carrying out all of the additional work including
our court attendance and attending the property with the court bailiff
is £200.00 plus vat, this fee is taken from the final Homelet
payment. Please note we cannot attend court or complete claim forms
if you have opted for the Introduction Only Service, or if you have
the Rent Collection Service and the tenant is claiming disrepair.
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6.What can I do if I want more cover
than this?
** We are happy to provide further information on other policies
available through Homelet; including a rent guarantee policy that
carries no excess, or a policy that provides the following:
- Full legal expenses up to £50,000 to enable you to evict
your tenants, if they are in breach of their tenancy agreement,
this includes non payment of rent.
** Extra polices or additional cover are subject to charges.
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7.What happens if the tenant fails
the insurance company’s criteria and does not qualify for
Rent Guarantee?
If the tenant fails the referencing then we will place your property
back on the market and find you an alternative tenant. In some circumstances
the tenant may be in a position to pay the full rent in advance,
or offer the landlord alternative security and / or guarantor. Ultimately
it is the landlord’s decision if he decides to accept a tenant
without rent guarantee. If a landlord does accept a tenant without
this cover then none of the features relating to Rent Guarantee
will apply. As a company there would be very few situations where
we would recommend a tenant to you who does not have the benefit
of Rent Guarantee.
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8.What other Insurance cover do
I need?
Are you adequately insured? Statistics show that 53% of landlords
are not insured for the risks that they are exposed to. It is imperative
that landlords have owners liability and employers liability insurance.
A specialist landlord household insurance policy is vital, not only
for its provision of buildings insurance, but also for it liability
protection. Should one of your tenants or employees be injured at
your property by any of your contents (electric shock from a faulty
oven, roof tile falling and hitting a tenant) you need an insurance
policy that will cover you.
In extreme circumstances repair bills for property damage caused
by tenants can be very costly. Everyone has seen on the news rental
properties that have been ‘converted’ into cannabis
factories. Repair costs for these landlords will be in excess of
£20,000. Although, thankfully, as a company we haven’t
experienced this kind of destruction, some other local agencies
have and it is worth considering having adequate insurance to protect
you against these eventualities.
Homelet do offer a variety of policies for landlords that will cover
you in these situations. As well as carpets and appliances the policies
can also insure curtains, internal sunblinds, and light fittings
up to a value of £5000.00 (new for old cover). Some policies
offer you up to 90 days Full cover in between tenancies without
restriction, plus there is the facility to add on accidental damage
to certain covers, which would pay out if the tenant damages your
contents accidentally or maliciously.
If you still think you do not require extra insurance cover consider
this:
Following flash floods experienced during June 2009, 7 flats in
Upper Belvedere were rendered as uninhabitable due to water damage.
The block buildings insurance will cover these landlords for damage
to the structure of the property. It has not covered them for replacing
carpets, curtains and appliances within the properties. For the
landlords that did not have separate cover for this the cost to
them will be in the region of £3000.00 per property. These
landlords will also suffer loss of rent for the next 4 to 5 months
while the properties are being rectified.
Another landlord also found that her buildings insurance did not
cover her for replacement carpets when a tank burst from the flat
above into her own. The cost to this landlord was just over £1000.00.
Most landlords will not be insured as a matter of course for damage
or theft to carpets, wooden flooring, blinds, curtains, appliances
etc.
For a full breakdown on levels of covers available please visit
www.homeletuk.com
please quote agency scheme number 1505239 to ensure that you benefit
from any discounts that we have negotiated with Homelet for our
clients.
If you would like quotes for any additional levels of insurance
cover please let us know. We can ask a Homelet insurance advisor
to contact you direct.
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9.What happens if the tenant damages
my property?
The housing Act 2004 has changed the way a tenant’s deposit
is held and has brought in a set of rules and regulations regarding
the way the deposit is dealt with at the end of the tenancy. As
an individual landlord it is now illegal for you to hold a tenants
deposit. The deposit must be safeguarded in one of the 3 schemes
approved by the government (please scroll down to the end of this
section for more details).
At the commencement of the tenancy the tenant will pay a deposit
usually equivalent to one months rent. The landlord must provide
a detailed inventory/schedule of condition. (We provide an inventory
service either via this company or using a separate specialist inventory
company, please call us for full details, charges apply)
If at the end of the tenancy there is any damage that is not consistent
with normal ‘wear and tear’ the tenant should be liable
for this. Under the new law, if the tenant disputes the amount to
be deducted, and both landlord and tenant cannot agree a settlement,
the dispute must be referred to an independent arbitrator/ case
examiner for a determination. The dispute will be dealt with by
a ‘paper trail’ of evidence. It is therefore imperative
that landlords provide a good inventory/schedule of condition, plus
submit estimates relating to any deposit claims they would like
to make.
The advice from The Association of Residential Letting Agents is
that if a landlord does not provide a detailed inventory/schedule
of condition he will lose any deposit disputes that may arise.
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10.What are the main differences
between the introduction service and the full managemnent service?
With the Introduction service, once the tenancy has commenced the
tenant will deal direct with the landlord on a day-to-day basis.
Any maintenance or repair issues the tenant has he will contact
the landlord direct with. The landlord must also carefully monitor
all rental payments to ensure that the rent is always paid in full
and on time. Landlords must be aware that Homelet have to be notified
within a specified time scale about any non–payments of rent.
Failure to do this will result in the rent guarantee policy that
we have provided being invalidated. We would recommend that only
the experienced landlord with time on their hands should choose
to manage the property themselves.
With the Rent Collection service we will monitor the rental payments
using our sophisticated software package. If the rent is not paid
on time we will contact the tenant and the landlord to try to resolve
the problem. If the rent remains unpaid we will notify Homelet and
complete all of the necessary Homelet claim forms.
With Full Management we will deal with all aspects of the let from
the commencement of the tenancy through to the end. Summaries of
the services for management are:
Advice on the letting of your property
Tenant referencing and free, insurance backed, rent guarantee
Draw up the Assured Shorthold Tenancy agreement and (at your instruction)
the section 21 notices.
Collecting the rent and safeguarding the tenants deposit
Chase any late payments of rent and completing the rent guarantee
claim forms if necessary.
Property inspections (at your instruction)
Maintenance issues, instructing contractors and organising estimates
Renewal agreements (at your instruction)
Arrange gas safety and electrical safety checks (at your instruction)
All day-to-day dealings with the tenants
The rent guarantee policy that we provide with Full Management and
Rent Collection is different to the policy that we are able to provide
with our Introduction Service.
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11.Who pays for repairs and maintenance?
The costs for everyday repairs and maintenance remain the
responsibility of the landlord. If we manage the property we will
arrange repairs etc on your behalf and pay the contractor out of
the tenants rent. We are able to organise quotes for your approval
on any major repair that becomes apparent.
Under the landlord and tenant act 1985 landlords are responsible
for the repair of the structure and exterior of the property together
with the installations for supply of gas, electricity, water and
sanitation. If the property is not in a good state of repair at
the commencement of the tenancy the tenant will immediately be able
to insist that repairs are carried out. If the premises were in
a serious state of disrepair, the tenant would be entitled to treat
the letting as being at an end because of the landlords breach of
his obligation.
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12.Is it better to let furnished
or unfurnished?
We only let to professional tenants and have found that they have
a far greater preference for unfurnished accommodation. A landlord
will therefore be limiting his market if he chooses to furnish his
property. A tenant will usually respect a property more if it is
full of his or her own possessions. Moreover the difference in rent
between a furnished let and an unfurnished let is negligible. If
the property is let furnished the landlord remains completely responsible
for repairing and replacing anything that becomes worn or broken
(unless of course this is a deliberate act by the tenant) To this
end we will no longer market a property that is furnished.
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13.What about white goods?
White goods refer to large kitchen appliances. In general
all properties should be let with a cooker, but anything over and
above this is down to the landlords discretion. The landlord must
always remember that anything that he supplies remains his responsibility
and should it break down he will have to repair or replace it.
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14.What about bills, council tax
and water rates?
The tenants are responsible for all bills, council tax
and water rates. It is the tenants’ responsibility to notify
all of these relevant bodies before the commencement of their tenancy.
The tenant is also responsible for providing meter readings and
departure dates at the end of the tenancy.
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15.Who do i need to notify that I am letting
my property?
To avoid any problems or misconceptions you should notify
the following of your intention to let your property:
Mortgage provider (Bank or Building Society)
Head landlord or Freeholder (if your property is leasehold)
Insurance Company (your insurance could be invalidated if you do
not notify them that the property is being let)
Accountant or tax office
Post Office (for mail redirection - do not rely on your tenants
to re-direct your mail)
Utility companies and Council - you will only need to do this if
you have been living at the property your self.
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16.What about the safety regulations?
As a landlord you should be aware of the law and what the
current safety regulations are:
Fire Regulations:
Under the Fire and Furnishings (Safety) (Amendment) Regulations
1993 the landlord has the obligation to ensure that all furniture
in properties being rented for the first time, or any new or additional
furniture being put into a property already rented out, must comply
with the fire regulations by displaying a label stating that they
are fire resistant. If items of furniture do not comply with the
fire regulations, the landlord must either change the items before
any tenancy commences or remove them from the property. Instructions
to let a property available for rental will only be accepted if
all furniture complies with the regulations. Failure to do so can
result in prosecution.
Gas Appliances Regulations
Under the Gas Safety (Installation and Use) Regulations 1994 and
1996, all gas appliances must be checked by a Corgi registered tradesman.
The landlord must carry out such tests annually. As part of our
management service we can arrange these inspections on your behalf
at the landlords expense prior to the rental of the property and
on an annual basis thereafter, the cost being deducted from the
rent
The Electrical equipment safety regulations 1994
These regulations cover all mains voltage household electrical
goods. If you let property you must ensure that the electrical system
and all appliances supplied are safe - failure to comply with the
regulations is a criminal offence and may result in:
A fine of £5,000 per item not complying
Six month's imprisonment
Possible manslaughter charges in the event of deaths
The Tenant may also sue you for civil damages
Your property insurance may be invalidated.
The Health & Safety Executive enforces these regulations.
Landlords and letting agents have a legal obligation and a duty
of care to tenants to ensure that the electrical installation and
equipment supplied in a property is safe. To this end we will not
move a tenant into a property unless there is a valid electrical
safety certificate on file. If we do not have a certificate on file
at least 72 hours prior to the appointed move in we will organise
the certificate for you. The charge of this will be made to the
Landlord
Smoke detectors
The law requires that all houses built after 1992 have electronically
linked mains operated smoke detectors installed on each floor. Although
older properties are exempt we would strongly recommend that smoke
detectors be fitted in all rented properties at a minimum of one
per floor. We can arrange to hand your tenant a smoke detector and/or
carbon monoxide detector. Smoke detectors are charged at £10.00
each, carbon monoxide detectors are charged at £25.00 each.
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17.What should I do before I
let my property?
There has been a dramatic increase in the number of properties
available for rent. The market is therefore much more competitive
than it used to be. Before putting a property on the market for
rent a landlord should make sure his property is in good decorative
order and looks clean and tidy throughout. If you visit the property
between lets and feel that your property is looking dated or tired
it will become more difficult to let and /or will affect the level
of rent achievable. Remember, everything that you leave in the property
remains your responsibility. We advise that all properties should
be let with a cooker.
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18.What is the tax position?
We strongly advise you seek the advice of an accountant
to discuss your tax position. We can recommend an accountant to
you if required. In short, you are liable to pay tax on income from
a rented property. However there are many allowable expenses that
can be deducted from the rental income that an accountant will be
in a position to advise you on.
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19.What about overseas landlords?
We manage a large portfolio of property for overseas clients.
The tax position is different. Rules on tax state that the letting
agent MUST deduct tax at source. The only exception to this would
be where we hold an exemption certificate with your approval number
on it issued by the Inland Revenue. Copies of the relevant forms
that you need to complete are available from this office.
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20.Changes in legislation under
the housing act 2004?
Do I need a property licence?
Mandatory HMO (Houses in multiple occupation) licensing started
on 6th April 2006. From 3rd July 2006 all liable HMO landlords who
haven't applied for a licence will face enforcement measures including
fines of up to £20,000. Landlords that require a property
licence are those who let a unit in a property that has three or
more storeys and let to five or more tenants from two or more households
and the tenants share facilities. If a landlord requires a property
license he must obtain this himself before we will let the property.
Landlords must be aware that other than the legislation surrounding
‘mandatory licensing’ there is also legislation in place
regarding HMO’s that do not require to be licensed. This legislation
will apply to some self contained flats. The definition of a HMO
in these circumstances is quite broad – more information can
be found about which properties are defined as being HMO’s
on our web site or within the Communities and local Government booklet
entitled ‘ Licensing of Houses in Multiple Occupation in England’.
Management Regulations apply to all HMO’s (whether they need
to be licensed or not) and impose certain duties on managers and
occupiers of the building which include: provide suitable facilities
for the disposal of rubbish, carrying out safety checks on electrics
at a minimum of 5 yearly intervals, keep means of escape from fire
free from obstruction and maintain any shared gardens.
Tenants Deposit
The Housing Act 2004 affects the way tenants deposits are held.
Basically an individual landlord can NOT hold a tenants deposit
for any tenancies created after 6th April 2007 INCLUDING any tenancies
that commenced before this date but are renewed for a further fixed
term after this date. As a company, for the landlords that have
opted for our full management or rent collection services, we will
automatically ensure that the tenants deposit has been safeguarded.
We will be using The Deposit Protection Service (custodial Scheme).
For landlords opting for our Introduction service we will pay the
deposit to the landlord by way of a cheque. Unless specifically
agreed otherwise we will make the cheque payable to The Deposit
Protection Service. The landlord will then need to pay this into
The Deposit Protection Service's Scheme. (For a fee we will offer
these landlords the option for us to administer the deposit for
them). Landlords who opt for our Introduction Service must pay our
balance of fees on or before the tenancy commencement date.
The Custodial Scheme – More Information:
The tenant pays the deposit to the agent or Landlord who will then
pay the whole amount into the scheme. Within 14 days the landlord/agent
must notify the tenant of the scheme being used and issue the tenant
with ‘Prescribed information’ as defined within the
Housing Act. At the end of the tenancy the scheme must return the
deposit to the landlord/tenant as agreed. If there is a dispute
this will be referred to the Alternative Resolution Dispute Service
to resolve.
Requirements relating to tenancy deposits
A landlord or a letting agent will not be able to take a deposit
in respect of an Assured Shorthold Tenancy unless the deposit is
safeguarded.
A landlord/agent will have to:
- deal with a deposit in accordance with an authorised scheme,
- comply with the initial requirements of a scheme within 14 days
and
- give the tenant the appropriate information relating to the deposit
within 14 days of receiving the deposit.
Until this is done, the landlord will be unable to regain possession
of the property using the usual 'notice only grounds' for possession,
which are by way of a Section 21 Notice. Under Section 21 of the
Housing Act 1988 a landlord can obtain an order for possession of
an Assured Shorthold Tenancy at any point after the first six months
of the tenancy providing any fixed term has expired and they give
the tenant at least two months written notice.
Preventing a landlord from being able to use this ground will provide
the tenant with a much greater security of tenure and will act as
an incentive for landlords to ensure deposits are safeguarded by
a Tenancy Deposit Protection Scheme.
Court proceedings
Tenants can apply for a court order requiring the deposit to be
safeguarded, or the prescribed information to be given to him about
the scheme in which the deposit is safeguarded. Where the court
believes the landlord has failed to comply with these requirements,
or the deposit is not being held in an authorised scheme, the court
must either order the landlord (within 14 days of making the order)
to repay the deposit, or order the landlord to pay the deposit to
the custodial scheme administrator.
The court must also order the landlord to pay to the tenant a fine
of three times the deposit amount within 14 days of making the order.
.
Do I need an inventory?
Inventories have not been made compulsory under the new legislation.
However the advice we are being told to pass on to all landlords
is that if you do not provide a detailed inventory/schedule of condition
at the start of the tenancy you will lose any deposit dispute that
may arise at the end of the tenancy.
Housing Health and Safety Rating System
The Housing Health and Safety Rating System applies to all properties,
not just houses in multiple occupation. The HHSRS is intended to
replace previous regimes for judging the fitness of housing stock.
The system uses statistical analysis to produce an accurate and
objective assessment of the potential hazards in a property. Local
authorities can be called in by tenants to assess individual properties.
Landlords should be aware that the environmental health officer
will assess the whole property and not just the issues that the
tenant have reported to them. It is a landlords responsibility to
ensure that properties are offered and kept in good/safe/ hazard
free conditions.
Energy performance certificates
From 1st October 2008 all rental properties with a new tenancy
in England and Wales must have an Energy Performance Certificate
(EPC).
An EPC will be carried out by a Domestic Energy Assessor. They
will visit the property to ascertain the age, construction and location,
as well as its current fittings such as heating systems, insulation,
double glazing etc.
The Government have introduced this legislation so that all tenants
are able to see instantly how energy efficient and environmentally
friendly properties are. A tenant will be able to compare energy
ratings on similar properties and work out which property will be
more cost efficient when it comes to paying heating bills etc.
The EPC will be valid for 10 years, although some landlords may
decide to commission a more up to date certificate if they carry
out improvements within their properties such as double glazing
or central heating.
A rental property can not be marketed without an EPC.
All information is provided in good faith. It does not replace the
advice of a qualified legal advisor. We will accept no responsibility
for any inaccuracies.
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TENANTS
1.What do I do once I have seen a property
I like?
You would need to visit our office with your reservation
fee. Once we have the reservation fee we will take the property
off of the market and start the referencing procedure.
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2.What references do you take?
We use a referencing agency to take up the references on
behalf of the landlord. They will contact your employer, your landlord
(if you are in rented accommodation already), plus carry out a credit
check on you. Your previous employer will also be contacted if you
have recently changed jobs. If you are self employed they will need
to contact your accountant.
How long does the referencing take?
It will depend on how long your employer/landlord etc take to reply
to the requests for references. We strongly advise that you pre-warn
these individuals to expect reference requests to avoid delays.
If the replies to the references come back quickly the process will
only take two to three days.
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3.Why may I need a guarantor?
A guarantor may be asked for as extra security that the rental
payments will be met. Some of the most common reasons a guarantor
is requested are:
You may have changed jobs within the last 18months and have had
a gap in your employment of more than 14days.
Your employment may not be deemed as being permanent e.g contract/seasonal
work.
You have not been in full time employment in this country for more
than 6 months.
You have a low credit score
Your income to rent ratio falls below the referencing agency's criteria.
This list is not exhaustive - just an indication
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4.Who can be my guarantor?
Anyone who meets the referencing agency's criteria and who is prepared
to sign a legal document stating that should you fail to pay the
rent, they will meet your rental obligations. Most tenants would
ask a member of their own family, but your guarantor does not have
to be related to you.
Your guarantor must:
Be in full time employment, or be able to prove by bank statements
that they have 'independent means'.
Have a good credit score with no ccj's, bankrupcy notices or administration
orders.
Earn a minimum of 3 times the yearly rent (sometimes a guarantor
may be able to earn less than this - please call the office to discuss)
They must be aware that they will stand as guarantor for you, (and
your partner if you are moving in to the property with some one
else), for the whole time you occupy the property, not just for
the period of the initial tenancy term.
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5.How much do I need to earn to be considered
for the property?
Remember that you must pass all the referencing to be considered
for the property, and the final decision is always down to the landlord.
However the referencing agency does have strict criteria on multiples
of income.
A tenant must earn at least 1.5 times the yearly rent. If you earn
at least this you will qualify but will need a guarantor.
If you earn at least 2.5 times the yearly rent you will qualify
on the income part of the referencing without a guarantor.
Remember the referencing agency may still require a guarantor due
to another aspect of your application.
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6.Which tenants do not pass the referencing?
We do not rent to students, or people on benefits. Any
tenant that falls into one of these categories will not pass the
referencing.
The referencing agency will usually not pass a tenant with ccj's
(county court judgements), administration orders or who has been
declared bankrupt. If you fall in to one of these categories please
call the office to discuss your individual situation.
You will not pass the referencing if your yearly salary is less
than 1.5 times the annual rent. (Your partners income can be taken
in to consideration when working out this calculation)
Please be aware that if you fall in to one of the above categories,
even if you provide a guarantor, you will not pass the referencing.
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7.What happens once the references are
back?
A copy of the reference report is sent to the landlord
(usually by fax). If the landlord is happy we will arrange a day
and time for you to come to this office, pay your monies, sign contracts
and hand over the keys. Copies of any relevant safety certificates
will be given to you at this time. You must bring identification
with you.
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8.What identification will I need?
All tenants must show proof of address. Only the following
forms of identification are accepted:
Utility bill (less than 3 months old)
Full driving license
Council tax bill (less than 3 months old)
Letter on headed paper from your employers’ human resources
department stating your home address and period of employment.
In addition to the above a tenant must supply photographic id (passport,
photo driving license, rail card, work pass etc). If you do not
have any photographic id then you must supply us with a passport
sized photo of your self to retain on our file.
No other form of identification will be accepted. If you do not
bring the correct form of identification we can not release the
keys to you.
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9.How much dilapidation deposit do I
pay?
Your deposit is equal to one months rent unless otherwise
agreed.
10.Will I be allowed to decorate or keep
pets?
Anything you would like to do to the property must only
be done with your landlords prior knowledge and consent.
No pets are allowed unless you have the consent of your landlord.
Every tenant moving in to a property with a pet will be required
to pay a non refundable pet deposit. This will be used at the end
of the tenancy to treat carpets etc.
All information is provided in good faith. It does not replace
the advice of a qualified legal advisor. We will accept no responsibility
for any inaccuracies.
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