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Tenants - General Information

Property Address:

This information is issued to you in anticipation of you making an application to rent a property from us. It is intended to inform you of certain important information and matters you need to be aware of as your application is processed and you proceed towards completion of the tenancy and moving into the property. All tenants and any Guarantors should read, sign and return one copy to us along with your application forms and the “Your Holding Deposit Explained” document, so we know you have received this advice. You should also retain a copy for your own information and keep it with the other documents that will be issued to you in the course of completing your tenancy.

BEFORE THE START OF TENANCY – THE APPLICATION PROCESS

RESERVING A PROPERTY

To reserve a property, you have viewed a holding deposit of up to one weeks rent must be paid when you submit your application forms. A separate document will be provided to you (“Your Holding Deposit Explained”) giving details of what happens to this holding deposit and the circumstances in which the deposit will/will not be refunded. Before you can move into a property, we will require to see photographic ID for each named tenant together with proof of your nationality and right to UK residency.

REFERENCING

All persons over the age of 18 and residing at the property as their main residence will need to complete an application form. Our referencing is carried out by an independent professional referencing company and includes all the personal, credit and employment checks you would expect to be undertaken to verify your ability to act as a responsible tenant capable of meeting their commitments as set out in the tenancy agreement (See Declaration on page 5 for information on the lawful basis under which we use your personal data).

CANCELLATION OF APPLICATIONS

Please see the “Your Holding Deposit Explained” document, which explains what happens should you wish to cancel your application, or if the Landlord decides not to proceed with your application.

GUARANTORS

In certain cases, a Guarantor must be provided at the start of the tenancy and the same Guarantor or a replacement Guarantor must guarantee the tenancy for as long as it continues. The Guarantor must also complete an application form and be referenced. The same provisions in the “Your Holding Deposit Explained” document will apply should your Guarantor withdraw, or the Landlord decides not to proceed with your application.

DEPOSIT

Before you move into the property you will need to pay the long term security deposit of 5 weeks rent.

PROTECTION OF TENANT DEPOSIT

If the tenancy is to be an Assured Shorthold Tenancy (AST) then the deposit will be registered in accordance with the Tenancy Deposit Protection regulations. You will be given more information on this subject and also served with a notice within 30 days of paying the deposit advising which of the three Government approved schemes the deposit is to be registered with.

STARTING THE TENANCY

MOVING IN

Appointments to move into the property can only take place during office hours and prior to moving into your property you will need to make further payment to cover any other items such as the security deposit if not already paid and normally your first month’s rent. We will confirm to you in writing the exact amount payable by you. Please note these monies MUST be paid by debit card, bank transfer, or by Building Society counter cheque or Bankers draft - personal cheques will NOT be accepted. Please note that for security reasons we are unable to take payment of the initial monies due by cash, or by credit card.Please also note that in order to avoid embarrassment and additional costs under no circumstances will tenants be checked into a property unless and until all necessary payments have been paid in full and by way of cleared funds and all tenants are able to sign the necessary legal documentation before the legal commencement of the tenancy i.e. taking up authorised occupancy. IF YOUR “CHECK-IN” APPOINTMENT IS ON A SATURDAY, WE WILL REQUEST PAYMENT ON THE DAY BEFORE.

CHECKING INTO THE PROPERTY

The check-in will normally take place at our offices where you will be asked for photographic ID, pay all monies due (if not paid previously) and sign the tenancy documentation. Copies of a detailed Inventory & Schedule of Condition will normally be provided and you will have up to 5 days in which to raise any queries on the inventory which you will also have been asked to sign. Tenants are also advised that although BT points and TV aerial or cable points may be present, there is no guarantee they are ‘live’ and it is the Tenants responsibility to make these active if they need attention. A minimum of one set of keys will be handed over and if you require extra keys you will be responsible for them being cut at your expense and all keys must be handed back to Castle Estates when you vacate the property.

DURING THE TENANCY

THE TENANCY AGREEMENT

The Tenancy Agreement will be drawn up for a period of time agreed with you, though the initial term will usually be 6 or 12 months. Provided the tenancy has been conducted satisfactorily and if your Landlord is prepared to renew your tenancy at the end of the initial fixed period you may be offered a Renewal Tenancy. If this happens then depending on the Landlord’s instructions to us we will discuss this with you and then ask you to sign a new tenancy agreement and any other necessary formal papers. If you are renting a property managed by us, we are obligated under the terms of our agreement with our Landlords to carry out regular property visits, and we will contact you when these become due. We will advise you of the date/time of these visits by post.

PAYMENT OF RENT

Rental payments will normally be due on the monthly anniversary date of the tenancy start date. These payments are made by standing order, a form for which will be provided to you to complete at the commencement of the tenancy.

UTILITIES

Unless otherwise agreed and confirmed by us in writing before the tenancy commences, you are liable for all payments in respect of gas, electricity, water, cable services and any other utilities and supplies to the property, including all telephone charges. Additionally, by law, tenants MUST register for Council Tax. For ease of administration we use a utility management company who carry out all utility notifications on our behalf.

INSURANCE

You are strongly advised to have a tenant contents policy in place to protect you as this will include accidental damage to the Landlord’s goods and also public liability insurance for you in case any action by you causes injury or loss to a third party, and alternative accommodation costs should the property be rendered uninhabitable at any time during the tenancy for any reason.

WHO MAY OCCUPY THE PROPERTY?

If you want any person to live at the property other than members of your immediate family and of course those named as tenants in the tenancy agreement, then you must contact us to discuss this and will require the landlord’s written consent. In addition, you may not transfer your tenancy to another person. However, if one of the named tenants wishes to leave, regardless of whether or not they are to be replaced, please contact us immediately so the necessary arrangements can be made. If another new tenant is to move in then they must complete an application and satisfactory references must be obtained. A new agreement may need to be signed either if a tenant leaves, or a new tenant moves in and any appropriate fee for this will be confirmed to you at that time.

AT THE END OF THE TENANCY

WHEN YOU CAN LEAVE

Your tenancy agreement is a legally binding contract; it is for a fixed duration and you cannot give notice to vacate before the expiry date.

If for any reason you vacate your property before the fixed term end date, whether with or without your Landlord’s consent, you may legally remain liable for the rental payments to the end of the fixed term. You will also be liable for any out of pocket expenses borne by us or your Landlord as a result of the property needing to be re-let prematurely and this figure will be quoted to you at the time.

GIVING NOTICE

If you wish to leave the property on the final day of your fixed term tenancy agreement, you should let us know a minimum of one month in advance. If your tenancy continues on a month to month Periodic basis (i.e. which means the end of tenancy date as stated in the tenancy agreement has passed, and another fixed term tenancy agreement is not signed), you are required to give at least one full month’s notice of your intention to vacate. The Rent Due Date in the tenancy agreement will tell you by what date any notice you give has to expire as it is the day before that date, known as the last day of a tenancy cycle. For example, if your Rent Due Date is 1 st monthly and you want to leave by January 31st, we must receive your notice in writing by December 31st. If your Rent Due Date is 14th monthly, then to leave at January 13th we would need your notice by December 13th and so on.

RE-LETTING OR SALE OF THE PROPERTY AND VIEWINGS

At any time during the last 2 months of the tenancy term if you are going to leave at the end of that term, or during any notice given by you, we will require access to accompany prospective tenants to view the property and will give you at least 24 hours’ notice of our need to do so. Your co-operation in allowing access at such times is greatly appreciated.

MOVING OUT

CHECK-OUT APPOINTMENT

If you are leaving at the end of the tenancy term, or upon receipt of your notice letter during a Periodic tenancy, either we (if we are managing the property, or have been asked by the Landlord to do so), or your Landlord will write to you to acknowledge your intended vacation date and time. Either we (if we are managing the property, or have been asked by the Landlord to do so), or your Landlord will arrange to carry out a check-out inspection to verify the condition of the property and read the meters. You will be required to return all sets of keys prior to the check-out inspection; you will continue to be liable for the rent on a daily basis until all keys and possession are surrendered.

DEPOSIT RETURN

If your tenancy was an Assured Shorthold Tenancy, your deposit will have been registered with a Tenancy Deposit Protection (TDP) scheme as referred to on page 2 above, and we will need to agree any deductions with you and then both you and the Landlord are required to confirm in writing your mutual agreement to any such deductions. The deposit can then be paid out accordingly. You will receive a Prescribed Information Form (PIN) from us or your Landlord either separately or as part of your tenancy agreement (but either way within 30 days of paying your deposit) which will confirm how your deposit is being protected. Please note if a dispute arises between you and the Landlord the amount of the deposit in dispute cannot be released until either the matter is resolved and the necessary form signed or else the dispute has been referred to the TDP scheme Administrator or the Courts and an independent decision on apportionment of the deposit has been reached. It is in everyone’s best interests therefore to try and negotiate a mutually acceptable agreement and we would therefore urge your prompt and continued cooperation at the end of the tenancy in order to agree any such deductions.

Tenant fees

Holding Deposit (per tenancy) Up to one week’s rent. This is to reserve a property. Please also see the “Your Holding Deposit Explained” document.
Security Deposit (per tenancy.   Five weeks’ rent.
This covers damages or defaults on the part of the tenant during the tenancy
Unpaid Rent Unpaid rent Interest at 3% above Bank of England Base Rate from Rent Due Date until paid in order to pursue non-payment of rent. Pleasenote :- This will not be levied until the rent is more than 14 daysin arrears.
Lost Key(s) or other Security Device(s) Tenants are liable to the actual cost of replacing any lost key(s) or other security devices. If the loss results in locks needing to be changed, the actual costs of a locksmith, new lock and replacement keys for the tenant, landlord and any other person requiring keys will be charged to the tenant. If extra costs are incurred there will be a charge of £15 per hour (inc. VAT) for the time taken replacing lost key(s) or other security device(s)
Variation of Contract (Tenant’s Request) £50 (inc. VAT) per agreed variation. To cover the costs associated with taking landlord’s instructions as well as the preparation and execution of new legal documents.
Change of Sharer (Tenant’s Request)

£50.00 (inc. VAT) per replacement tenant or reasonable costs if higher. To cover the costs associated with taking landlord’s
instructions and Right-to-Rent checks, deposit registration as well as the preparation and execution of new legal documents

Early Termination (Tenant’s Request) Should you wish to leave your contract early, you will be liable to the landlord’s costs in re-letting the property as well as all rent due under the tenancy until the start date of the replacement tenancy. These costs will be no more than the maximum amount of rent outstanding on the tenancy.

YOUR MANAGING AGENT (calls may be recorded for monitoring purposes)

Agent Name: Castle Estates (South Coast & Weald) Ltd.
Tel: 01424 774166 (Answer Machine out of Hours)
Office hours: 9.30–5.30 Mon-Fri, 9.30-12.30 Sat.
Email: battle@castle-estates.co.uk

Privacy notice

For the purposes of the Data Protection Act 1998 (the “Act”), and the General Data Protection Regulations (GDPR) which come into effect from 25 May 2018, the data controller is Castle Estates (South Coast & Weald) Ltd., whose registered address is 2 Upperton Gardens, Eastbourne, East Sussex BN21 2AH, and whose trading address is 66 High St., Battle, East Sussex TN33 0AG.

We use the personal details that you provide by corresponding with us by phone, email or otherwise. In addition to the information you give us on this form, we may also collect additional information (for example, details of your property, current energy providers) as necessary to provide our services and to deal with your queries.

Disclosures of your personal details

We may also share your information with credit reference agencies and other companies or third parties where we have a duty to do so.

Marketing information

We would also like to use your personal details to tell you about other goods and services that we offer that are similar to those that you have already asked us to provide or have enquired about.

Accessing your information

You have the right to access information held about you.

Please send any questions, comments, complaints or requests (including, but not limited to, any future request to withdraw your consent) regarding this privacy notice to: battle@castle-estates.co.uk.

Full details on data sharing and your consent can be found here

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