Residential Lettings and Management, Cheltenham, Gloucestershire.

mail@johncaveproperties.co.uk - 01242 261 679

The Tenants Guide


Tenancy Application

Having viewed and selected a suitable property to rent, you will be asked to complete a ‘Tenancy Application Form’, which amongst other relevant information also mutually confirms the start date of the Tenancy, as well as a 'Credit Reference' application form. At the same time, you will be asked to pay a booking Deposit of the equivalent of 1 weeks rent, which is then deducted from your Completion Account when the property is handed over. In other words, there are no costs or fees to pay to apply for and move into any property.

By way of additional clarification, subject to suitable financial and character References, this payment secures the property to you and accordingly therefore, the property will be removed from the Lettings marketing.

References

Concurrent to confirming your tenancy in writing, we will also undertake references on behalf of the client Landlord from the following selection:

  • Bank credit check
  • Employer or Accountant
  • Previous Landlord
  • Professional reference
  • Credit check

Copies of these Reference applications are also enclosed with your tenancy confirmation letter.

Please Note:

In the unlikely event that your application is unsuccessful or alternatively withdrawn by you, then your Booking Deposit of the equivalent of 1 weeks rent which is made to book the property is non refundable, although as you would expect, it is fully refundable in the unlikely event the Client Landlord withdraws the property to let.

However, in the more likely event that your application is successful, this payment is then credited against the Completion funds that are required from you before you occupy the property. These completion funds are comprehensively set out in your ‘Statement of Account’, which is part of the confirmation letter mentioned above and gets paid on the day you collect your keys from the office.

Furthermore, this advance payment does not constitute a tenancy or offer of a tenancy, in the event that you withdraw from the tenancy.

Tenancy Agreement

As part of the Tenancy Confirmation package you receive having booked the property, we include your Tenancy Agreement allowing you plenty of opportunity to acquaint yourself with your Agreement before you sign on the day of Handover. which clearly confirms both yours and the Landlord’s obligations during the course of the Tenancy. In addition, during the Handover meeting we will also further clarify this, before you sign the Agreement, ensuring therefore that you have a clear understanding of the commitment you are making, once you sign the Lease. This meeting is normally held in our offices and on the day of the property handover, which is when you also make the payment of your Completion funds as mentioned above.

Dilapidation Deposit

Before your tenancy commences you will be required to pay a Dilapidations Deposit equivalent to five weeks rent, which will be held by us as either the stakeholder or as the Landlord’s agent in a separate Client Account. Furthermore this Deposit will be held in accordance with the new Tenant Deposit Regulations which came into force in April 2007. Further information on the Tenant Deposit Scheme is available athttps://www.gov.uk/tenancy-deposit-protection/overview

This Deposit is held against any dilapidations, rent arrears or expenses arising during your tenancy and will not be released until after you vacate the property and all rent has been paid up to date.

No interest is payable on this Deposit.

Client Money Protection

As from 1st April 2019 Client Money Protection became mandatory. Accordingly, we have contracted Client Money Protect (CMP) to fulfil this legal requirement. This means that in addition to the protection afforded by the Deposit Legislation for Clients refundable Deposits, rental monies are also now protected aswell.

The Schedule of Condition and Inventory of the Furniture and Effects

A Schedule of Condition and Inventory of the Furniture and Effects is drawn up prior to the commencement of your Lease and then annexed to the Tenancy Agreement. You will be asked to sign this document and it is therefore vitally important that you check to ensure that the description and inventory accurately reflect both the contents and condition of the property and, in the event that you consider there to be any discrepancy, that it is reported to the office immediately.

Any amendments you wish to make, either as alterations or additions will then be added to the original document, in order to be reflected as part of the subsequent check out process.

It is vitally important that you check this document at the start of your Tenancy, as it will form the basis of any dilapidations claim by your Landlord at the end of the tenancy.

When do You Sign and What do You Pay ?

On the assumption that we are in a position to complete you’re Tenancy, having received back clear and satisfactory character and financial References, we will then arrange a mutually convenient time for you to come into our offices, on the day that your Tenancy is due to complete.

The purpose of this meeting is to:

  • Go through your Tenancy in detail before then allowing you additional time of your choice to further read the document.
  • Draw from you in cleared funds, your Completion Payment, as mentioned above but explained in more detail below
  • Clarify the status of your Insurance
  • And finally, of course, collect your keys

Initial Monies

As a business we account from the start of any respective calendar month. Therefore a mid month Lease commencement date, will in all probability, only require a split payment of rent in advance. Therefore:

  • Depending on the Tenancy start date, you will either have to pay a full month’s rent in advance if your Tenancy commences on the 1st day of the month or a pro rata amount up to and including the middle of the month. If your Tenancy is to commence after the mid way point in the month, you will in all probability be required to pay the balance period of the month, plus the following month. In this event, of course, your first Standing Order payment will be delayed until the month thereafter.
  • 5 Weeks rent as your Dilapidation Deposit, refundable to you on your departure subject to a satisfactory check out by ourselves and of course, no rent arrears.

As detailed previously, the exact amount will be notified to you in writing, as part of your confirmation package. Furthermore, these completion monies must be paid in cleared funds, prior to you receiving the keys. Therefore, private cheque’s are not acceptable, but a Bankers draft, Building Society cheque, cash or bank transfer are acceptable. All cheques must be made payable to John Cave & Co.

Rent Payment

All rent is payable calendar monthly in advance and by Standing Order. In the event that any action has to be taken by us either for late or non payment of rent, then a charge will be levied as explained in the fees schedule (detail for which please click here).

Please note that all standing order payments should be made three working days prior to your rent due date in order to allow for bank clearing times, for which a filled in Standing Order Mandate will be supplied with your confirmation package.

Should you experience any financial problems during the course of the tenancy, then it is essential that you contact the office immediately.

Tenant Obligations

You should be aware that the responsibility both for the property and conduct of the lease itself rests with the Tenant during any tenancy.

It is therefore particularly important that when you are absent from the property, at any time, it is fully secured and that during the winter months, any necessary steps are taken to prevent freezing of the water and heating system in your absence.

You should also be aware that in the event you occupy a leasehold property, such as a flat or maisonette, then it is probable you will also be bound by the rules and regulations affecting all residents within the block, which will be contained in the "Head Lease".

The Agents Obligations

As the Agent, the obligations of John Cave & Co will vary depending upon which of the following services we have been asked to provide for the Landlord:

  • Introduction only Let of the property
  • Property Letting and Rent collection only
  • Property Letting and full Management

You will be advised which of the above Instructions apply (including in writing) prior to your tenancy commencement and the implications thereof.

Insurance

We strongly recommend that you take out "Tenant dedicated" insurance, as although the security of your own possessions is of paramount importance, it is also sensible to consider "Accidental Damage" to the Landlords fabric, fixtures and fittings. Many "high street" policies will not cover any of the Landlords items and in order to avoid any deductions for damage from your Deposit, such as carpets for instance, you are advised to take out specialist Tenant Insurance. Details of these policies will come with your confirmation package. Either way, you will be responsible for insuring your own possessions.

Utilities

You will be responsible, from the day of your Tenancy commencement, for all variable costs associated with your occupancy, such as:

  • Gas
  • Electricity
  • Water
  • TV licence
  • Telephone and any Internet access
  • Council Tax

You are therefore advised to take the respective meter readings, when you take occupancy of your property, in order to avoid becoming responsible for the previous occupiers consumption. You will find in your Inventory, paragraphs for writing these readings, should you wish to refer to them later.

We will also do our best to let you know who the present providers of the respective utilities are, where possible.

You are not though responsible for the payment of Buildings Insurance in the case of a house or in the case of a flat, any monthly maintenance costs; both of these remain the responsibility of the Landlord.

Post

You are advised to ensure that you have arranged for the forwarding of your mail from your previous address. Again a brochure to facilitate this process will be enclosed with your confirmation package.

Property Visits

All properties managed by John Cave & Co will be subject to regular visits. The purpose of these visits is primarily to ensure that the conduct of the tenancy is not affecting the condition, general cleanliness or garden maintenance of the property. A mutually agreeable appointment will always be made in advance with the Tenant, for the visit.

Smoking

All of our properties are non smoking unless specifically agreed in writing in advance

Pets

All of our properties, regretfully, do not allow Pets unless specifically agreed in advance. You are though advised to discuss this with the office, as not all Landlords are unhappy with Pets.

Keys

A set of keys is normally held by the office.

Burglary

Should you be unlucky enough for the property to be burgled during your tenancy, then you should contact the Police in the first instance and subsequently the office.

General Data Protection Regulation (GDPR)

With effect from 25 May 2018 The General Data Protection Regulation (GDPR) replaces the existing Data Protection Act 1998 (DPA). In order therefore to ensure compliance with the regulation, the following are the important area’s which we are required to highlight in general:

  • John Cave & Co., is your data controller
  • John Cave & Co., is your data processor
  • Your data is processed only for the legitimate reason that we hold it
  • We do not share your data with anyone other than John Cave & Co., other statutory bodies as and when required and if required, remedial contractors such as plumbers, gas engineers, electricians and so on in the event that a mutually agreeable meeting needs to be arranged
  • Your IT data is stored within the UK and is password protected
  • What hard copy data is kept is reference code protected and stored in locked and alarmed premises
  • Your data is not used for any marketing purposes at all by anyone
  • We will only contact you about the service we provide to you in our capacity as your Letting & Managing Agent
  • The data which we hold on your behalf is held in accordance with our legal requirements for up to seven years

However, in the event we collect Data in light of any respective Letting, then we will promulgate a full Data Protection Fair Processing Notice in order to support the Data we collect.

Government produced 'How to Rent' guide

The Ministry of Housing, Communities and Local Government has also produced a very helpful guide to the letting process aswell. It does periodically get updated, so by checking the following link:- https://www.gov.uk/government/publications/how-to-rent you should get the latest version.



Reputable Residential Property Lettings and Management specialists located in Cheltenham, Gloucestershire.

All material and opinions presented on this website are provided for information purposes only and are not intended to form part of any offer or contract. Further, our policies and practices may change at any time without notice. Details of all properties are provided from information received, and their accuracy cannot be guaranteed.