Property in West Wales from Town Coast and Country Estate Agents - Incorporating Coast and Country Estates Office Haverfordwest - Site Map

Residential Lettings & Property Management

 

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NOTES FOR PROSPECTIVE TENANTS:

These Notes are of importance. Please read carefully

You are proposing to enter into an Assured Shorthold Tenancy Agreement under the Housing Act 1988. This will secure the property for the period stated in the Tenancy Agreement (the fixed term).

  • The Application.

In order for Letsure, our Referencing Agency, to carry out appropriate references on our behalf, we need to establish some key facts about you. For example, your credit history and employment status. When completing your application form, please make sure you provide the following MANDATORY information.

About you, the prospective tenant

  • Date of Birth
  • Full current address to include flat number and postcode and, if necessary, previous addresses to include flat number and postcode

About your employment

  • Job title and Salary
  • Employer’s/Accountant’s name – if you are relocating, the name of the new employer should be recorded and not your current employment
  • Contact name and job title, together with their landline telephone number (inc STD code) and fax number or email address. Please note – we do not make contact to employers via mobile numbers.

About your current managing agent/landlord

  • Managing agent’s/landlord’s name
  • Contact telephone number (must be a Landline and include STD code) and fax number/email address

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TOWN COAST & COUNTRY ESTATES LTD, Residential Lettings and Property Management, will guide you through the procedure of letting your property and will ensure that your rights as a Landlord are protected. We are;

• Member of the Guild of Letting and Management

• Fully trained and experienced in all aspects of letting, with a thorough knowledge of the local property market.

A member of our team will be pleased to visit you at the property and give a free Rental Appraisal. They will also advise you of any action required in order to ensure that the property is of the required standard to be let. This appraisal is without charge or obligation.

To assess your property, various factors will be taken into consideration - the condition, the standard of fixtures, fittings and furnishings etc, as well as the size and type of property. We will also take into account the location and current market trends. A quality property attracts good quality tenants and achieves a higher rental value.

If you are considering letting your property you should inform:

(a) Building Society/Bank or other Lender to obtain permission (if applicable).

(b) Insurance Companies regarding the building and contents.

(c) Freeholder's permission to sub-let if property is Leasehold.

Rental Income is liable to taxation. You must seek advice from your Financial Adviser or Local Taxation office. If you reside outside the UK the Taxes Management Act 1970 places the responsibility for payment of Tax liability on the managing agent. Therefore, if you reside abroad, Town Country & Country Estates Ltd would need to retain part of your income (24%) to meet the tax liability. If you hold a Tax Exemption Certificate, form NRL1, we are not required to retain part of your income, providing you advise us of the reference number and a copy of the authorised form.

Town Coast & Country Ltd will inform the Council and Welsh Water and the Gas and Electricty Companies of the change of occupancy at the start of the tenancy. Council Tax is raised on occupants of the property and is not the Landlords' responsibility. If the property is not occupied between tenancies, payment will be the responsibility of the Landlord. Exemptions may be available and you should make enquiries to the relevant Local Authority. The tenant is responsible for informing the Telephone Company of the change of occupancy.

 

REGULATIONS

Landlords have the responsibility for the safety of both the Tenant and their own property during the tenancy. The following regulations must be adhered to, without fail, by the Landlord.

 

FURNITURE AND FURNISHINGS FIRE SAFETY REGULATIONS 1993

All soft furnishings such as settees, sofas, beds, upholstered chairs, pillows, cushions etc, must comply with the Fire Resistance requirements contained within the regulations. Items of furniture made prior to 1950 are termed antiques and as such are excluded from the regulations. A label is usually attached to the item of furniture to confirm it is acceptable. We will check your furniture and advise you accordingly but the ultimate liability rests with the Landlord. Failure to comply can result in prosecution.

 

GAS SAFETY (INSTALLATIONS AND USE REGULATIONS) 1996

All gas appliance and installations within the accommodation must be checked on an annual basis by a qualified Engineer (CORGI or British Gas). This includes such items as Gas Fires, Central Heating boilers, Gas cookers and other gas appliances including all LPG appliances. The regulations also insist that flues and chimneys are clear of obstructions and in the correct place. A certificate must be issued by the engineer and a copy presented to the Tenant at the start of the tenancy. ANY ITEMS THAT FAIL TO COMPLY WITH THE REGULATIONS MUST BE FIXED OR REMOVED IMMEDIATELY.

 

THE ELECTRICAL EQUIPMENT (SAFETY) REGULATION 1996

These regulations require that all Electrical equipment which is left at the property be safe and of no risk or injury to human or animal. All flexes, fuses and electrical outputs should be checked for safety and we recommend that a qualified electrician checks these items (a charge will be made). AD pings, sockets & adaptors must comply with the British Standards BS1363.

 

INVENTORY/SCHEDULE OF CONDITION

It is strongly suggested that without an inventory as evidence, it may be impossible to rule in favour of the Landlord in the event of a dispute. Town Coast and Country Estates Ltd will produce a written inventory which will be executed and signed within 10 working days upon commencement of the tenancy. We recommend that a full Inventory/Schedule of Condition is prepared by ourselves together with a Fixtures and Fittings Schedule. There will be a charge for this service and we will advise which items should remain. For non managed properties there is a charge for the final inspection when the tenant vacates the property.

 

INSPECTION VISITS

The property should be inspected on a regular basis, enabling us/landlord to ensure that it is being maintained to the standard in which it was received. We will inspect the property during the first six months of the tenancy (managed properties only) and will forward a report to you on the condition. Any inspection is for the purpose of ensuring that the tenant is complying with the terms of their tenancy agreement. It does not amount to a structural survey on the property. There is a charge for additional inspections which we recommend are carried out on a quarterly basis, whether or not the property is tenanted. Should you wish to inspect your property during the tenancy, we will make the necessary arrangements subject to reasonable notice being given as per the terms of the Agreement.

 

REPAIRS AND REPLACEMENTS

We shall deal with day-to-day management matters including minor repairs up to a maximum of £150 + VAT for each item without reference to you. Except in an emergency, wherever practical, estimates are obtained and submitted to you for approval in respect of works of redecoration, renewal or repair likely to cost more than £150 + VAT. If repairs are an emergency, the work will be put in hand.We will charge a percentage fee of the total cost for organising any works requested by you which exceed £150 + VAT. We do not undertake to supervise the work, nor inspect the work and cannot be held responsible for any unsatisfactory work undertaken by a third party. If any damage is caused by negligence or failure of tradesmen, we as Agents cannot be held responsible. We act in an organisational capacity only. Please notify us of preferred tradesmen that you may wish to employ, otherwise we will instruct local Contractors in the first instance.

 

RENTAL INCOME

Town Coast & Country Estates Ltd operates a client accounting system - net rental payments will be transferred into your Bank/Building Society account on a monthly basis. Statements showing all receipts and expenditure will be forwarded to you on a regular basis.

TENANT DEPOSIT PROTECTION SCHEME

FACTS FOR THE LANDLORD

 

Under the Housing Act 2004, the government is required to introduce mandatory, universal tenancy deposit protection. Tenancy Deposit Protection will apply to all assured shorthold tenancies in England and Wales where a deposit is taken. Virtually all new contracts to let a property are assured shorthold tenancies.

Under the Housing Act 2004, It is not mandatory to take a deposit. A landlord can make the decision not to take a deposit to avoid the scheme, but in doing should be aware that should the tenant damage the property or not pay the last month’s rent, recovery of these losses can only be made through the county court.

The landlord/agent, not the tenant, will have the option to choose whether to safeguard the deposit in the custodial or insurance-based scheme.

Custodial Deposit Scheme:

Under the Custodial scheme the tenant pays the deposit to the landlord or agent who then pays the deposit into the scheme.  Within 14 days of receiving a deposit, the landlord or agent must registered the deposit and give the tenant information about the scheme being used.  The interest accrued by deposits in the scheme will be used to pay for the running of the scheme and any surplus will used to offer interest to the tenant, or the landlord depending on the terms of the tenancy agreement.  This scheme is free landlord, agents and tenants.

At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, the landlord/agent will inform the scheme, which will return the deposit, divided in the way agreed by both parties.  However, if there is a dispute, the scheme will hold the amount until the Dispute Resolution Service or courts decide what is fair.  The deposit must be returned within 10 days of the end of the tenancy provided the landlord and tenant have agreed the amount.

Insurance based Deposit Schemes:

Under Insurance based scheme tenant pays the deposit to the landlord who retains the deposit and any interest earned on the deposit subject to the terms of the tenancy agreement and pays a premium to the insurer.  Currently, the cost of using this scheme will be borne by the landlord or the letting agent in terms of both the annual fee.  As with the custodial scheme within 14 days of receiving a deposit, the landlord must register the deposit and give the tenant information about the scheme being used.  There are to be two insurance based schemes.

At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, the landlord/agent returns all or some of the deposit.  If there is a dispute, the landlord must hand over the disputed amount to the scheme for safekeeping until the dispute is resolved.  If for any reason the landlord fails to comply, the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled to it.

Alternative Dispute Resolution Services:

To avoid disputes having to go to the courts, both schemes will be supported by an Alternative Dispute Resolution (ADR) service - although the use of this will not be compulsory. A dispute at the end ot the tenancy can be referred to the ADR service provided both parties agree to be bound by the ADR decision. If either party does not agree to use the ADR service, the option of referring the dispute to the courts will remain. The ADR service will be impartial and evidence based.

In the custodial scheme, where a landlord or tenant does not co-operate to release the deposit, for example, by not agreeing to the release of full or part of the deposit and do not agree to resolve the dispute through ADR or a court action, then ADR will be the default way in which to resolve a dispute. 

In the insurance-based scheme, where the landlord is in contact with the scheme but is refusing to co-operate with the scheme in terms of choosing ADR or the courts, it will be mandatory for the case to be referred to the scheme for resolution through its ADR service.  The same would not seem to apply to a tenant.

Failure to comply

If a landlord fails to comply with new legislation by not protect the tenant’s deposit the landlord is unable to regain possession of the property using the usual Section 21 notice, if the deposit has not been safeguarded and the prescribed information passed onto the tenant within 14 days of the landlord receiving it.

Tenants can apply for a court order requiring the deposit to be safeguarded or the prescribed information to be given to him about the scheme in which the deposit is safeguarded.

Where the court believes that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord within 14 days of the order being made, to repay the deposit or order the landlord to pay the deposit to the custodial scheme administrator.

In addition, the court must also order the landlord to pay to the tenant a fine of three times the deposit amount within 14 days of the making of the order. For example, £600 rent x 3 = £1,800.

For further information please contact:

Town Coast and Country Estates Ltd Telephone: 0870 145 3432

Department of Communities and Local Government website: www.communities.gov.uk

Custodial scheme website: www.depositprotection.com

Insurance schemes websites: www.tds.gb.com & www.mydeposits.co.uk

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26 High St. Haverfordwest - Pembrokeshire SA61 2DA   Sales: 0870 060 7644   Let: 0870 145 3432   enquiries@tccestates.com  Terms