A Guide for Prospective Tenants
Applying for a tenancy
The completion and signing of Birkmyre Property Consultants’ Tenancy Application Form does not commit either Birkmyre Property Consultants or the Landlord (owner) to granting you a tenancy.
A decision as to whether the tenancy can be granted cannot be given until acceptable written references have been received by Birkmyre Property Consultants. References are taken from a credit reference agency, who will check your finances, your employer and a character reference together with a previous Landlord/Landlord’s agent (if applicable). If your reference appilication is unsucessful, Birkmyre Property Consultants reserve the right not to divulge the reasons for refusing your application.
If you have been granted permission to keep pets you will be responsible for the professional cleaning of all carpets, curtains and any soft furnishings at the end of the tenancy.
Moving in to your property
Before you move in, a Tenancy Agreement will be drawn up between you and your Landlord. It is essential that you read this Agreement carefully as the clauses are legally binding and enforceable. If you are in any doubt as to the meaning of any of the clauses, please ask us to clarify or consult a solicitor before signing. Prior to moving in, in most cases an inventory detailing the condition of the property will be drawn up by an independent clerk and given to you for approval and signature.
You will not be able to move in until you have signed the Tenancy Agreement and paid:
1. The first month’s rent.
2. Your deposit, which will be held by the Tenancy Dispute Service for as long as you remain a tenant of the property. The deposit required is 5 weeks’ rent.
These initial payments can be made in cash or by internet banking transfer. If you wish to pay by cheque, payment must be made at least seven working days prior to occupation to ensure clearance of funds.
Under the terms of your Tenancy you will be responsible for the payment of all utility accounts relating to your property during the letting. You will be responsible for the initial gas, electricity and water readings to the appropriate utility companies asking them to transfer the accounts into your names. If you have not previously been a registered consumer, you may be asked to pay a deposit prior to connection of service.
It should be noted that you cannot change the utility service provider(s) without the written consent of the Landlord, nor can you install a water meter to the property unless the Landlord’s prior written consent is obtained.
Loss or damage of your possessions
You are responsible for insuring your own personal possessions as these are not included in the Landlord’s insurance policy.
Early termination of your tenancy by you
When making an application for a tenancy, Birkmyre Property Consultants staff will tell you the particular circumstances applying to the property you are proposing to rent. If you enter into a tenancy agreement for an initial term, unless there is any break-clause inserted, you are legally bound by the tenancy for the duration of the initial term, this normally being either a six or twelve month period.
If you wish to terminate your contract earlier then it may be agreed that, subject to paying the landlord’s costs incurred in re-letting the property and subject to a suitable replacement tenant being found, you may be granted early release from your tenancy provided you pay the rent until such time as a replacement tenant takes over possession of the property.
Your tenancy will be for a fixed period of time. If you wish to continue as a tenant after your termination date it is important that you give us as much advance warning as possible. If you want to apply for an extension of tenancy we will first obtain your Landlord’s approval and, provided that your rent account is not in arrears and your property has been kept in good order, we will confirm your extension and your new termination date.
The Landlord reserves the right to review the rent on an annual basis.
RICS Client Money Protection Scheme for Property Agents
Birkmyre Property Consultants are Members of the RICS Client Money Proptection Scheme for Property Agents. For the Certificate please click here.
Helpful tips for Tenants
If a problem occurs during your tenancy, it is important to know who is responsible for what. For this reason, we have created a helpful guide outlining your key responsibilities as a tenant.
- Care – Take good care of the property to avoid any preventable issues. For example, turn off the water if you know you will be away from the property during the colder months.
- Pests – You must deal with a pest infestation in cases where it is caused through your own actions, e.g. by not taking out the bins.
- Rent – Even if you are in dispute with the landlord or property manager, rent payments must be made on time and be the agreed amount as laid out in your tenancy agreement.
- Subletting – Do not sublet a property if your tenancy agreement, landlord or property manager has not agreed to it.
- Cleanliness – It is your responsibility to keep the property clean and tidy. If it is untidy at the end of the tenancy your landlord or property manager may deduct from your deposit to make good.
- Repairs – If damage does occur and is caused by you, a friend or family member or any person visiting you, it must be repaired or paid for by you.
- Additional Charges – Make sure other additional charges laid out in your tenancy agreement such as utilities and Council Tax are paid on time.
- Anti-Social Behaviour – Refrain from acting in an anti-social way towards your neighbours, landlord or agency. You can be held accountable for the anti-social behaviour of anyone who lives with or visits you.