Tenant Guide
EST 1885
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We’ll provide you with peace of mind
& true confidence in your property decisions.
Tenant Guide
Welcome to Clark Hillyer we hope you will find your
perfect home through our lettings department. If you
do, it is likely that we will be managing the property
on behalf of your landlord and we will be liaising
together for the term of your tenancy. We wish to make
your experience with us as comfortable and easy as
possible and have written this guide so that you are
aware what to expect.
When you first look for a property to rent you will be
offered a selection by a Clarke Hillyer lettings consultant. Should you see something suitable and wish to
view, you will either be escorted to or be met at the
property.
At this stage you should make the lettings consultant
aware of any concerns you have and ask any
questions about the property. Our lettings consultant
will be delighted to help answer all your queries. If we
are unable to answer anything straight away we will
attempt to find the correct answer and come back to
you as soon as possible.
Once all the information is clarified, you are
happy with the property, and the offer has been
accepted, you will be expected to leave a holding
or reservation deposit.
RESERVATION DEPOSIT
The reservation or holding deposit will be
refunded by means of deduction from the initial
‘moving in’ money you will pay.
This deposit will not be refunded if you do not
take the property through any reason of your own
including failed credit searches – it will only be
refunded to you if your landlord fails to complete
the letting.
You will now be referenced.
If you decide you have found your new home and wish
to make an offer, please make it very clear as to the
terms of the offer. It is at this point that you should
clarify any issue that you may be unclear of such as...
WHAT DOES THE PROPERTY CONTAIN?
All properties are let ‘as seen’. Any special
requests regarding furniture, fixtures, fittings and
decoration must be made and agreed BEFORE
the tenancy starts.
If the property you viewed was occupied by the
present tenant you should have been advised
which items are to be included and which
are not.
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REFERENCE/CREDIT SEARCH
GUARANTOR
SHARERS
THE TENANCY & TENANCY AGREEMENT
Prior to any tenancy being granted, references
must be taken on each person who is to be named
as a tenant on the agreement. These references
are carried out by an independent referencing/
credit search agency.
A Guarantor is someone who will undertake
responsibility for the full amount of rent should
you be unable to pay and also for any breach of
your tenancy obligations.
All tenants who ‘share’ a tenancy with another
have ‘joint & several liability’ which gives them
all equal responsibility for adhering to the terms
and conditions of the tenancy agreement.
The Guarantor will be required to sign the
tenancy agreement or a Declaration of Surety
form which will be included within the agreement
and references/credit checks will be carried out
as detailed previously.
In the case of missed rental payments; ‘joint
& several liability’ means that each person is
responsible for the full amount of rent. Should
one ‘sharer’ not pay their proportion of rent, the
others sharers are liable and responsible for the
outstanding balance.
The tenancy agreement is a legally binding
contract. Once you have read it, agreed its
contents and signed it – you are bound by its
terms and conditions; what you can & can’t do;
and the promise you have made to pay rent,
utilities etc.
You will be required to pay a fee (the letting
consultant will advise you of the cost) in advance;
the cost of which is non-refundable should you
change your mind about the property or because
of unsatisfactory references.
The agent will give you a referencing form to
complete, which will also give permission for
financial checks to be made on you. The results of
the references/credit check must be satisfactory
for the tenancy to go ahead.
There may be a fee for a Guarantor reference/
credit check; please check this with the
letting consultant.
The Guarantor must reside in the UK and
must be in receipt of a regular income or
private pension.
The credit search will not check the amount of
money held in your bank account but it will usually
check for any County Court Judgment against
you, the Electoral Register at your current stated
address and whether you have ever been made
bankrupt. They will also seek a reference from
your employer, or accountant if self employed,
your previous landlord and/or managing agent.
In some cases, where there is an insufficient
UK financial history or employment record a
Guarantor may be required to allow the tenancy
to proceed.
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In the case of damages to the property, contents,
fixtures and fittings; ‘joint & several liability’
means that if damage is caused by one ‘sharer’,
the other sharers are equally responsible when
deductions are made from the deposit.
Any disputes between sharing tenants relating
to the deposit, missed rental payments or other
breaches in the tenancy agreement are the
sole responsibility of the tenants to resolve.
There will be no mediation by Clarke Hillyer in
such disputes.
It is IMPORTANT that you understand EXACTLY
what it says. The agreement will contain standard
clauses that will not be altered, however, there
may be additional mutually agreed clauses
added at either the wish of the landlord or tenant.
Make sure you ask the letting consultant any
questions you may have regarding the tenancy
agreement PRIOR to signing it.
The tenancy will usually be for a fixed term of
either six or twelve months.
‘Joint & several liability’ also applies to the
termination of a tenancy agreement. One sharer
wishing to end a tenancy (provided there is a
break clause in the agreement that allows such
termination) is considered to be doing so on
behalf of all the tenants.
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THE DEPOSIT
THE RENT
You will need to pay a dilapidation’s deposit at
the start of the tenancy. This amount will usually
be equal to ONE OR TWO MONTH’S RENT.
The rent agreed will be exclusive of water, gas,
electricity and council tax etc; all of which are
payable by you to the appropriate authorities.
Under current legislation the deposit must be
safeguarded by an approved Tenancy Deposit
Protection Scheme. Clarke Hillyer is a member
of the DPS (Deposit Protection Scheme) and in
most cases your deposit will be protected by this
scheme, however, if this is not the case you will
be advised accordingly.
All rents are payable on the due date per
calendar month, so if you move in on the 12th
day of the month, all future rents will become due
on the 12th of each month thereafter and your
rental period will be from 12th – 11th per month.
The deposit is payable at the same time as the
first rental payment, either before or on the
commencement date of the tenancy and must be
paid in cleared funds i.e. cash, bankers draft or
direct bank transfer.
The deposit will be held until the end of the
tenancy. PLEASE NOTE: At no time can these
monies be used as payment of rent.
Following a final check-out report; the deposit
will be returned less any agreed deductions, if
applicable. In the unlikely event of any dispute
arising, you will be able to use the Alternative
Dispute Resolution (ADR) service to arbitrate in
such cases.
If there are rent arrears at the end of your
tenancy, please note that we will not accept the
deposit in lieu of such arrears, we will only make
deductions for damages and a formal application
to the court will be made for recovery of the debt.
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All rents are to be paid by standing order set
up to leave your account three days prior to the
due date.
Rent is due on the date shown in the tenancy
agreement; if this does not fall in line with your
salary payment it is still your responsibility to
ensure money is set aside to meet your obligations.
It may be possible to alter a rental ‘due date’,
PRIOR to the commencement of your tenancy.
You will be asked to pay a pro-rata amount of
rent calculated on a daily basis to bring the rent
due date in line with other commitments you may
have. Please discuss and arrange this with the
letting consultant.
The first rental payment is due on or before the
start date of the tenancy and must be paid in
cleared funds; i.e. cash, bankers draft or direct
bank transfer.
PLEASE NOTE:
You will not be granted
occupation until we receive confirmation that the
monies have been cleared by the bank.
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INVENTORY,
PROCEDURE
CHECK-IN
&
CHECK
OUT
You will be given a copy of the inventory for
your property, or asked to prepare your own.
This will be a list of all fixtures, fittings, contents,
decoration etc., together with comments regarding
the condition of each item and room. It will be
used at the end of the tenancy to determine any
damages which may be charged to your deposit.
Whilst a degree of ‘wear & tear’ is accepted any
damage to the property and/or contents will be
your responsibility. For the avoidance of doubt,
‘wear & tear’ does not include dirt and dust
that was not present at the commencement of
your tenancy.
The inventory must be checked IN DETAIL before
you take occupation & before you move any of
your own items into the property.
There are three ways in which the check may
take place:
1. The letting consultant who has let the flat to
you will go through the inventory with you at the
property and ask you to sign it in acceptance.
2. The letting consultant will give you a copy
of the inventory and ask you to carry out a ‘selfcheck in’. You must then sign it and return it to
the agent within 2 days of moving in.
3. You may be asked to prepare your own
inventory and return a copy to Clarke Hillyer
Management Department
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WHAT YOU NEED TO KNOW
Whilst you are living in the property, you are
responsible for its upkeep and maintenance
and you are expected to take reasonable care
of the property and any of its contents. Below
is a list of some of the responsibilities. You
should refer to your tenancy agreement for more
detailed clauses.
• Pay the rent when it falls due & not to withhold
part or all of the rent for whatever reason.
• Changing fuses, tap washers, light bulbs and
replacing broken glass.
• Keep the property properly ventilated to
avoid damage caused by condensation.
• Keep drains and gutters clear (where
practicable) and to maintain any garden
attached to the property.
• Ensure that all windows, doors etc. are
secured and locked properly when the
property is unattended.
• Make sure that all rubbish is properly
disposed of, or made ready for collection to
avoid possible vermin infestation.
• Report any
they occur.
problems
immediately
when
• Not cause any nuisance or noise
neighbours or the neighbourhood.
to
• Make sure that the property is returned at
the end of the tenancy in a good, clean and
presentable condition.
• Not to decorate
authorisation.
the
property
without
• Not to keep pets/animals of any kind in
the property.
• Not to smoke in the property.
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MAINTENANCE
(FULL MANAGEMENT SERVICE ONLY)
All maintenance issues must be reported between
the hours of 9.00 am to 5.30 pm Monday - Friday
to our MANAGEMENT DEPARTMENT either by
email to
[email protected] or
by phone 0845 075 0363
Do not employ a contractor directly – all
maintenance must be agreed and arranged by
Clarke Hillyer. However, you must remember that
you also have an obligation to take reasonable
care of the property and its contents, not allowing
it to fall into disrepair through your negligence.
To avoid any misunderstandings later in your
tenancy, the list below is a guideline to help
you determine what is considered to be your
responsibility
• Soap dispenser trays, filters etc on
washing machines/tumble dryers must be
cleaned regularly.
• Defrost fridges/freezers regularly – never
use a knife, or other similar sharp objects to
remove ice, which may damage the element.
(You will be charged for a replacement item
if this was the cause of a breakdown).
• Use the correct & appropriate cleaning
materials on all work surfaces, tiles, sinks,
baths etc., Make sure that taps and shower
heads are de-scaled regularly.
• Do not pour any fats, oils or similar down
any sinks in the property or drains as this
will block them and you would be charged
for having them cleared.
• Do not use blu-tac, nails, screws or tacks
when hanging posters, pictures or mirrors
on the walls – only use purpose made
picture hooks.
• Do not store cycles inside the property
as these can cause damage to walls
and woodwork.
• Ventilate the property adequately to stop
mould caused by condensation growing,
especially in the bathroom and kitchen.
Make sure the windows are opened whenever
possible and if you have an extractor fan
make sure it’s used and working (report
any problems immediately).
If you see
signs of condensation, especially if mould is
appearing, wash and wipe the area down
frequently to avoid a build-up.
• Do not allow rubbish to pile-up inside, or
outside the property – this could attract
vermin and cause a health hazard. Make
sure you are aware of rubbish collection days
in your area and put out well sealed bin bags
as directed by the local authority. Re-cycle
wherever possible.
• Clean up all spillages on floors and surfaces
including walls immediately with the
appropriate cleaning materials. If necessary
call-out a professional cleaning company to
treat any stubborn stains, burns etc.
WHAT TO DO IF THERE IS AN EMERGENCY
OUT OF OFFICE HOURS
Telephone 0845 075 0363 – you will be
connected to our emergency repair line providing
you with call out numbers for our contractors.
(Please Note: contractors must only be contacted
in cases of real emergencies, as you will be
charged for any abuse of this service.)
In certain instances, you will need to contact the
appropriate emergency services, such as a fire or
gas leak. You should use your common sense in
these situations.
To avoid any misunderstandings and to help you
determine what a REAL EMERGENCY may mean
please refer to the list below:
• A water leak that cannot be stopped and
which if not stopped will cause damage to
the property. Judge the extent of the leak
by the size of receptacle you need to use to
catch the water and the frequency that this
needs to be emptied. Eg: cup, bowl, bucket –
daily, hourly, every 5 minutes? If it is severe,
turn the water off at the stop cock and then
make the appropriate call to our offices. If
the leak is coming from above or next to your
property, go and advise the occupants in
that property, then report the problem to our
emergency contractor.
• If there has been a ‘break-in’ or accident
that leaves the property un-secure and that
requires temporary measures to make it
safe/secure.
• If there is a complete loss of electricity, first
telephone the Electricity Board to make sure
there has not been a power cut in your area,
or that the service has been disconnected
by them for whatever reason. Check with
neighbours to see if they are encountering
the same/similar problem and then report
the problem to our emergency contractor.
• If the central heating/hot water system
breaks down, first make sure that the loss
of power is not down to a power cut, or
faulty fuse then report the problem to our
emergency contractor.
• If there is a fire at the property – leave the
premises as quickly as possible and telephone
the emergency services (999) directly
and immediately.
As a tenant you have a responsibility to keep the
property clean and for doing minor jobs which a
householder would normally carry out themselves,
such as; replacing light bulbs, batteries & fuses;
bleeding radiators, un-blocking a sink or bath
which has been blocked by your waste (including
a build-up of hair & soap); keeping the gutters
& down-pipes free of leaves etc (if practicable
to do so).
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www.clarkehillyer.co.uk