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- Written by Prasanth
- Category: Renting FAQ
This is the agreement which legally binds the tenant and landlord, it sets out the legal and contractual responsibilities and obligations of both parties. The agreement is required to be written in plain language without any jargon, with terms and clauses included. It should be a fair and balanced document, without any misleading information on legal right and responsibilities. It is recommended that the landlord and tenant should individually negotiate terms they feel are important to them or that have relevance to the property.
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- Written by Prasanth
- Category: Renting FAQ
The ARLA agent commonly negotiates between the tenant and landlord to prepare any documentation for a fixed-term extension or replacement tenancy. If a further fixed term is not created to continue from the original term ending date, the tenancy can hold over as a periodic tenancy, meaning it continues with similar terms and conditions on a monthly basis.
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- Written by Prasanth
- Category: Renting FAQ
It is a criminal office for an agent or rent collector to not provide their name and address, without reasonable excuse, within 21 days of the written request from the tenant regarding this information.
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- Written by Prasanth
- Category: Renting FAQ
Since 2007 a landlord is required to place your deposit into a tenancy deposit scheme backed by the government.
Commonly, a months deposit is taken, but this can be up to a maximum of five weeks rent. This amount is required to be held throughout the tenancy for protection against the satisfactory performance by the tenant. These obligations are made under the tenancy agreement but they commonly refer to the condition and upkeep of the property.
The tenancy agreement should state who is responsible to hold the deposit and a number of terms such as the procedures and timescales for an end of tenancy refund, whether interest should be paid and what the deposit can be allocated for.
The recommended method for a deposit to be held throughout the tenancy is by the ARLA member agent as a stakeholder between both the tenant and landlord. This ensures that come the end of the tenancy the agent should get an agreement from both parties before any potential deductions are made for whatever reason.
In the event of a dispute over the deposit a third party will be tasked with handling an independent adjudication to provide a fair resolution for the tenant and landlord. An example of a third party would be the Tenancy Deposit Scheme.
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- Written by Prasanth
- Category: Renting FAQ
A landlord, agent or someone who has authority to act on their behalf has the right to enter the property and review the condition or to complete repairs/maintenance at a reasonable hour. However, it is against the law, except in emergency circumstances, for a landlord or agent to enter the property without giving the tenant the minimum requirement of 24 hours written notice. A tenant can specifically allow access without 24 hours written notice when they feel it is acceptable. If a tenant refuses access to the property a landlord or agent cannot enter the property without a court order. It would be considered harassment to enter the property without the consent of a tenant.