Brookes Hall Residential Estate & Lettings Agent in Cheltenham
Tenant Advice
Frequently asked questions by prospective tenants
Q. Why do I have to be referenced?
A. It is standard practice to take up references and checks on all tenants before granting a tenancy. Traditionally there are four widely used types of reference:
- Employers reference
- Bank reference
- Previous landlord’s reference
- Character reference
Q. What if I fail referencing?
A. This is all dependent on why referencing has failed. If it is due to you failing to disclose bad debts or county court judgements you will not be granted the tenancy. Should it be due to lack of credit history for instance because you have been out of the country for a certain period of time, there are other references that can be taken up.
Q. Why do I have to pay a holding fee?
A. This is to give the Landlord security that you are serious about taking the property and allows us the agent, to stop marketing the property whilst your references are completed.
Q. Will I get the holding fee back once referencing has been competed?
A. If you fail referencing or decide to withdraw your application, the holding fee is non refundable. Providing that you pass all referencing, the holding deposit will be off set against your administration fees.
Q. What if the Landlord changes his/her mind?
A. You will have your holding deposit fully refunded.
Q. Who has to sign the Assured Shorthold Tenancy Agreement?
A. All persons living in the property of the age of 18 or over.
Q. What is the dilapidations deposit?
A. This is the sum of money, usually one month’s rent plus £100 or six weeks rental (however this can and will differ from agent to agent) that is requested by a landlord at the beginning of a tenancy as a security against non payment of rent and damage to the property.
Q. Where is the deposit kept?
A. Since April 2007 within the Housing Act 2004, legislation requires that the deposit is protected under a Government appointed tenancy deposit scheme.
Q. When is the rent due?
A. Brookes Hall demands all rental payments on the 01st of each month.
Q. What if I move into the property after the 1st of the month?
A. Your rental payment will be apportioned rent. For example should your tenancy start on the 18th June you would be required to pay apportioned rent from the 18th June to 30th June and then your first full month’s rent would be due on the 1st July.
Q. What is the fixed term?
A. A standard fixed term is normally a minimum of six months; however we can arrange Assured Shorthold Tenancies for up to three years. The fixed term is the minimum time that you the tenant are responsible for payment of the rent.
Q. What if I want to leave before the end of the fixed term?
A. You cannot get out of your legal responsibilities within the fixed term unless the Landlord expressly gives you written permission or there is a break clause in the agreement.
Q. What is a break clause?
A. A break clause is a specifically agreed term within the Assured Shorthold Tenancy, where the tenant and/or the landlord has the right to end the tenancy early, normally on giving a specified period of notice as stated in the clause.
Q. What happens at the end of the fixed term? Do I have to move out?
A. You have a few options at the end of the fixed term. You may either remain in the property on a periodic tenancy or you can opt to sign for a further fixed term period provided the Landlord is in agreement or provided the correct notice to quit has been served you may vacate.
Q. What is a periodic tenancy?
A. If the Landlord does nothing at the end of the fixed term, a statutory periodic tenancy will normally arise under the same terms as the previous tenancy. The periodic tenancy will carry on indefinitely until brought to an end by either party.
Q. How is the tenancy brought to an end?
A. An Assured Shorthold Tenancy tenant is entitled to two months’ notice from the Landlord. The Landlord can require a similar notice period from the tenant by including a provision in the tenancy agreement.
Q. What if I have low income compared to the property rent. Can I still rent the property?
A. Normally yes if you can provide a suitable guarantor.
Q. What is a guarantor?
A. A person who agrees to guarantee the obligations, financial or otherwise of a third party.
Q. What is the Inventory for?
A. The inventory is a list of all of the furniture, fixtures and fittings in a property, together with a detailed description of the decorative order and condition. You must sign and date the inventory and return back to the agent if any amendments are made.
If you have a question, feel free to email your question below or phone us on
01242 257 675 and we would be happy to help.
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