Guide to Renting Property
Whoever you rent a property with, this general guide to renting will cover many of the typical questions asked by tenants.
- What precautions should I take when sharing a flat during the Corona virus outbreak?
- How much do I need to ‘budget’ in addition to the rental payments?
- I am from overseas – what do I need to know?
- Who pays for utilities – are these included in the rent?
- What is a Letting Agent's role for the tenant?
- Who do I deal with - the Letting Agent or the landlord?
- Who should arrange and pay for repairs at the property?
- What privacy am I entitled to – when should I expect visits from the landlord or agent?
- How long does a rental tenancy last?
- What type of rental agreement is used - can I change or add to it?
- Can I rent a room to a flatmate or flatshare?
- Can I stop paying rent if repairs are delayed?
- If I want to leave the property can I give notice at any time during the tenancy?
- When do I get my rental deposit returned?
- What happens if the landlord won’t return my deposit?
- Does it matter which Letting Agent I rent through?
How much do I need to 'budget' in addition to the rental payments?
To reserve a property you will be asked for a Holding Deposit equivalent to 1 weeks rent. This is to guarantee (subject to satisfactory references, acceptance of your offer by the Landlord and the signing of tenancy agreements by both parties) that the property is secured for you whilst agreements are drawn up. When you move in, the Holding Deposit can be put towards your first month’s rent due under the tenancy.
The Tenancy Deposit is capped at 5 weeks rent for tenancies with £50,000 rent per annum or less (6 weeks rent for tenancies with rent over £50,000 per annum) and is taken along with the first month’s rent. All costs will be detailed to you on a statement if you rent via a professional ARLA Letting Agent such as ludlowthompson.
Your Holding Deposit may be forfeited in instances where you have failed a Right to Rent check, you have provided false or misleading information which impacts the Landlord’s decision to grant the tenancy, you have decided not to enter the tenancy agreement within 15 calendar days from paying the Holding Deposit, or you have failed to take all reasonable steps to enter into a tenancy agreement. In any circumstances where monies are refundable this will take up to 7 days.
I am from overseas – what do I need to know?
The renting process in the UK may be different from that of your own country. ludlowthompson offers various translation facilities to assist overseas tenants, particularly with detailed agreements that would be easier to understand in the tenant’s first language. To read these pages you can use Google's free translation service at www.google.com/language_tools.
Who pays for utilities – are these included in the rent?
What is a Letting Agent's role for the tenant?
The agent is employed by the Landlord so the agent will act in their best interests. However professional ARLA Letting Agents will abide by best practice rules that work for both landlord and tenant. Using an ARLA Letting Agent, such as ludlowthompson, ensures that you sign a property AST agreement that clearly sets responsibilities of both the landlord and tenant. To find out more about the Letting Agents’ role, continue reading our guide to renting.
Who do I deal with - the Letting Agent or the landlord?
The Letting Agent will deal with the property viewings, references, agreements and getting you moved in to your rented property. From that point onwards, your point of contact depends on whether the Landlord pays the agent to 'manage' their property. If the property is ‘managed’ the tenant will normally report any repairs or queries to the Letting Agent, otherwise the tenant and landlord must liaise directly with each other.
Who should arrange and pay for repairs at the property?
The landlord should arrange any repairs including appliances. However tenants are responsible for breakages which would normally be deducted from the deposit unless otherwise agreed. A tenant should report repairs and breakages as soon as they occur.
What privacy am I entitled to – when should I expect visits from the landlord or agent?
A tenant’s privacy is respected by gaining prior agreement to inspect a property during the tenancy. As a general guide, whilst you are renting, the Letting Agent or landlord will visit the property at least twice. This subject is normally addressed in the tenancy agreement.
How long does a rental tenancy last?
Rental tenancies range from 12-36 months, and the average tenancy length at ludlowthompson during 2018 was 26.6 months. In most cases, the longer the contract you propose, the stronger your offer will be. Where the Landlord has instructed or accepted a break-clause, this normally provides a right for either the Landlord and/or the Tenant to terminate the Agreement prior to the end of the tenancy - This notice has to be served in writing by the party giving notice.
What type of rental agreement is used - can I change or add to it?
An Assured Shorthold Tenancy (AST) is used for the majority of residential tenancies. This is normally a standard contract between Landlord and Tenant. Any special requirements, such an extra item the landlord agrees to supply e.g. a bed or variations to the standard tenancy agreement should be listed in a Rider document and attached to the Tenancy agreement - otherwise requirements are not guaranteed. This does not apply to items which are required by statute or properly arise after occupation.
Can I rent a room to a flatmate or flatshare?
As any guide to renting will explain, the names of all of the occupiers must be declared on the Assured Shorthold Agreement (AST). If a tenant sublets to a flatmate or flatshare which is not detailed on the AST, they will be breaking the terms of the agreement. Where several people are sharing a property the tenants are ‘jointly and severally’ responsible, and as such as listed on the AST. This expression means that each tenant is liable to for any breach of agreement and to pay all of the rent. Remember if you wish to change a tenant or tenants who live in the property this may be possible, contact ludlowthompson or your agent to find out.
Can I stop paying rent if repairs are delayed?
No, you should not withhold rental payments for whatever reason, as this will leave you in breach of the Tenancy Agreement, for which the Landlord could take you to court, unless otherwise agreed with the Landlord.
Discuss any concerns about repair work with the Letting Agent (if they are managing the property). To avoid ambiguity, many Letting Agents ask tenants to report any requirement for repairs in writing. If the landlord is managing their own property, then it may be worth taking advice from a solicitor if any important repair is not dealt with. Letting Agents often hold a small deposit from the landlord for minor repairs that crop up during the tenancy, but they may still have to seek their permission.
If I want to leave the property can I give notice at any time during the tenancy?
If you leave earlier than the agreed end of tenancy date you will be liable to pay the rent until the end of the tenancy. However, when drawing up agreements you may be able to negotiate a break clause entitling you to give notice early.
When do I get my rental deposit returned?
By law landlords must arrange for a Deposit or Custodial Deposit Schemes to hold or insure tenants’ deposits.
After the property has been inspected at the end of the tenancy the deposit will be returned minus any deductions for damages. Letting Agents encourage landlords to make the process as fair as possible by having a professional inventory agent examine the property. A report is prepared at the beginning of the tenancy recording the condition of the property, and then again at the end of the tenancy.
How ‘My LT Account’ makes things easier for you:
In addition to this guide to renting, ludlowthompson offer their tenants some very useful and free services via its ‘My LT Account’ website facility. Whilst looking for a property the hard work is done for you by keeping you alerted to new property by Email & Text Property Alerts. Once you find a property to rent, ‘My LT Account’ gives you everything you need to during the tenancy from all the documents including safety certificates, rental statements plus a link to report repairs (only where the property is ‘Managed’ by ludlowthompson).
What happens if the landlord won’t return my deposit?
Landlords are required by legislation to pay a tenant’s deposit into a separate custodial or insurance based Deposit Scheme. Either type of scheme protects tenants’ deposit monies. If only part of the deposit is in dispute, then the remainder that is not in dispute must be returned to the tenant within a maximum of 10 days of the tenancy ending. Deposit schemes vary but they all act to protect a tenant’s deposit. The tenant and landlord can jointly or separately apply to the Deposit Scheme to have their case referred at Resolution or in Court. Once a resolution has been reached, the deposit must be returned within a maximum of 10 days.
If you rent a property through ludlowthompson the landlord is likely to use Tenancy Deposit Solutions scheme – to find out more see www.mydeposits.co.uk/tenants.
Does it matter which Letting Agent I rent through?
To ensure you receive a professional service it’s best to choose to rent a property via an ARLA member agent (Association of Residential Letting Agents), such as ludlowthompson.
An ARLA agent works to professional standards that work well for both landlords and tenants: a tenant renting via an ARLA agent can expect that the Landlord will carry out safety checks e.g. gas, electricity and furnishings. The correct tenancy agreement will be used, ensuring that responsibilities are clearly set down and privacy of the tenant is adequate. An ARLA agent will also have proper procedures for reporting and dealing with repairs - www.arla.co.uk.
Renting a property with ludlowthompson?
Please read Our Renting Process - useful notes for customers
Further information on renting property:
See advice for tenants renting at www.arla.co.uk/info/tenants.htm
This information was correct at the time of publication and may be periodically updated. Advice may vary between Letting Agents so please check if you wish to clarify any points.
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